HomeMy WebLinkAbout09-40010/ ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: 4j.
VS.
COMPLAINT IN CIVIL ACTION
ALICIA M BAUM
Defendant FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt,42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
07363620 C A Pit JLI
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No
ALICIA M BAUM
Defendant
COMPLAINT AND NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action within
twenty (20) days after this complaint and notice are served, by entering
a written appearance personally or by an attorney and filing in writing
with the court your defenses or objections to the claims set forth
against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or
for any other claim or relief requested by the plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT
1. Plaintiff, is a corporation with offices at 6500 New Albany Rd,
New Albany, OH 43054.
2. Defendant is adult individual(s) residing at the address listed
below:
ALICIA M BAUM
5 LYNN AVE
NEWBURG, PA 17240
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number XXXXXXXXXXXX9444 . A copy of
Plaintiff's Statement of Account s attached hereto, marked as Exhibit
"A" and made a part hereof.
4. Defendant made use of said credit card and currently has a balance
due and owing to Plaintiff, as of June 01, 2009 , in the amount of
$1989.23 .
5. Defendant is in default by failing to make payments when due.
6. Plaintiff avers that the Agreement between the parties provides
that Defendant will pay Plaintiff's attorneys' fees.
7. Plaintiff avers that such attorneys' fees will amount to $300.00 .
8. Although repeatedly requested to do so by Plaintiff, Defendant has
willfully failed and/or refused to pay the balance due to Plaintiff.
Wherefore, the Plaintiff prays for Judgment in its favor and
against Defendant , ALICIA M BAUM INDIVIDUALLY , in the amount of
$1989.23 with interest at the legal rate of 6.000% per annum from date
of judgment plus attorneys' fees of $300.00 , and costs.
Liames C. armbroclt, 42524
WELTMAN, EINBERG & REIS CO., L.P.A.
436 Sev nt Avenue, Suite 1400
Pittsb gh PA 15219
(412) 34 955
FAX: 2- 38-7130
07363 2 C A Pit JLI
This law firm is a debt collector attempting to collect this debt for
our client and any information obtained will be used for that purpose.
t.iturr?„r? ;= A t..t\ ?nQ?•??
CARD I ,ray.za Inter Amount tnclosed Below
Payment Due Date $ ?- -?
August 14, 2007 Please make check payable to Discover Card
.
Minimum payment due includes a past due
f
c amount o
$42.00.
15 SDSN6A01 0003150 d'
ALICIA BAUM
33 GILBERT RD
? Will your payment get to us on time? Pay
your bill online a
d
J
l v n
your payment can be
made to your account o
th
d
SHIPPENSBURG PA 17257-9472 n
e same
ay. Visit
Discover.com/payments toda
i y.
tr,
Address, e-mail or telephone change? Print change in space
above, or go to Discover.com. Print your e-mail address to
receive important Account information and special offers.
PO BOX 6103 II1 111 llunu11161 1 Jr1 11
CAROL STREAM IL 60197-6103
111111111111111111 ill 1111 11 Ill Ill 111111 Ill 11111111111111111111
000001986458485276675019892300000000198923
Discover More Card Account Summary
Closing Date: July 15, 2007 page 1 of 1
Account number ending in 9,444 Previous Balance $1
989
23
Payment Due Date August 14, 2007 Payments And Credits ,
.
000
Minimum Payment Due $1,989.23 Purchases
Credit Limit
$1,000.00
Cash Advances + 0.00
Credit Available
$0.00
Balance Transfers + 0.00
Cash Credit Limit
$0.00
Finance Char
es + 0.00
C
h C
d g + 0.00
as
re
it Available $0.00 New Balance = $1,989.23
Cashback Bonus® Opening Cashback Bonus Balance $ 0
00
.
New Cashback Bonus Earned + 0.00
Cashback Bonus® -Armiversory Cashback Bonus Balance $ 0.00
Available to Redeem - - - - $
Date: August 15
How Can We Hel You?
p 1 • Visit Discover.com to pay your bill for no cost, view your
It's your choice - 3 ways to help latest Account information, earn and redeem rewards and more
2. Call 1-800-DISCOVER (347-2683) for fast
easy self-service
Please have your Discover Card available. ,
options or to speak with a Customer Service Account Manager
For TDD (assistance for hearing impaired) see reverse side 3' Write us at Discover Cord, PO Box 30943,
Salt Lake City, UT 84130
i ransactions $0 Fraud Liability Guarantee Use your Discover Card with confidonrw
Intormation For You
Soon we'll no longer be printing your full account number on your statement. It's just another way to keep your information
safe. But of course, if For any reason you need your full account number, it'll still be right there on your card.
EXHIBIT
I
"Now
Finance Charge Summary
Average
Dail
Daily
P
i
di Nominal
ANNUAL
PERC
ANNUAL
Periodic Transaction
Fee
y
alances er
o
c
Rates ENTAGE
RATES PERCENTAGE
RATES C??3 FINANCE
current billing period: 30 days B
Purchases $0 0.06025% 21.99% F 21.99% $0
Cash Advances $0
0.05751%
20.99% V
20.99%
$0 none
$0
previous billing period: 31 days
Purchases $0 0.06025% 21.99% F 21.99% $0
Cash Advances $0
0.05751%
20.99% V
20.99%
$0 none
none
The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above
Important Information. If there is more than one page to this billing statement, see the back of each page for additional important Information
See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account.
Lost or stolen cards. Report immediately! Call 1-800-347-2683.
Billing Rights Summary. In Case of Errors or Questions About Your Bill. If you think your bill is wrong or if you need more information about a
transaction on your bill, write us on a separate sheet of paper at Discover MoresM ; PO Box 30421, Sall Lake City, UT 84130.0421, as soon as
possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone
us, but doing so will not preserve your rights. In your fetter, give us the following information
*Your name and Account number.
*The dollar amount of the suspected error
•Describe the error and explain, if you can, why you believe there is an error If you need more information, describe the item you are unsure
about
You duo not have to pay any amount in Question while we are investigating, but you are still obligated to pay the parts of your bill that are not in
question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question.
Special Rule for Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card, and
you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the ggoods or
services. You have this protection only when he purchase price was more than $5y0 and the purchase was made in your home state or wihin 100
miles of your mailing address. (If we own or operate the merchant, or if we mailed you the advertisement for the goods or services, all purchases are
covered regardless of the amount or location of purchase.)
Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sendin% your check as
described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the fin racial institution
indicated on your check or to process the payment as a check transaction If payment is processed as an electronic fund transfer, the transfer will
be for the amount of the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your
account as soon as the same day we receive your Dayment, and you will not receive your check back from your financial institution.
The processing of your payment may be delayed if you send cash, correspondence or other items with your payyment, if you send the payment to
any other address or if you use an envelope her than the one provided Payments received on or after 1 Monday through Friday or on a
week.cnvf or bank- holiday vi I he .;... to your_ Ca: of of the-r:r:xl business day If you have m,splaced_ynr,r. ivuvelope,. send-,",i -myment to
Discover Bank, PO Box 6103, Caiul SUeam, IL 8019/-6103. Please allow 7-10 days for delivery . If your payment is returned unpaid, we reserve the
right to resubmit it as an electronic debit.
You can pay ur minimum payment or a greater amount over the telephone, and you can set up automatic payments, Call us at 1-600-347.22683
You will needd this statement and your bank account information. You must ensure that sufficient funds are available in your bank account, and all
transactions must comply with US. law. You will be asked to provide the first 5 digits of your account statement zip code. By entering those
numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize
from your bank account, and to initiate debit or credit entries to your bank account, as applicable, to correct an error in the processing of such
payment. You must tell us the amount of each payment, or you can select an amount such as the Minimum Payment Due or the New Balance on
each statement You can cancel a ppayyment, however we must receive notice at least three business days in advance of the scheduled payment. You
may notify us by phone at 1-800-347-2683 or by mail at address listed in the previous paraggraph If your payments may vary in amount, we will tell
you on each monthly statement when your payment will be made and how much it will be. Your Automatic payment amount may be less than
indicated on the monthly statement based on credits or payments applied during the billing cycle
Credit Reporting. We may report information about your account to credit bureaus Late payments, missed payments, or other defaults on your
account may be reflected in your credit report We normally report the status and payment history of your Account to credit reporting agencies each
month. If you believe that our report is inaccurate or incomplete, please write us at the following address Discover MoresM Card, PO Box 15316,
Wilmington DE 19850.5316. Please include your name, address, home telephone number and Account number.
Periodic Finance Charges. Except as provided below, we will impose Periodic Finance Charges on purchases, cash advances and balance transfers
beginning with the date the transaction occurs until the date of repayment and on Old Balances until the date of repayment Old balances are
comprised of either purchases and cash advances made on or prior to the last day of your billing period ending during February 1993 or Reserve
Line balances.
You can avoid payment of Periodic Finan
turchase first appears by the Payment Due
his the "grace period". You do not have
balance transfers and cash advances beginn
Periodic Finance Charges are imposed on
New Balance. However, if you pay the New
on this statement eaual or exceed the Pre
appearing on this statement If
the New Balance shown on this
244.111X 014;1' :t•,ae, uu •.v.'i rot.
We compute Pen6dic Finance
categories) by using the follower
chat gge summary on the front of
gel [he total Periodic Finance I
balance in a transaction categor
We use the two-cvcle ave
the Payment-Due Date. we
on each day Dy first adding the following to
Charges accrued on the previous day's dail
transaction category on that day In calMl
have been 0 on the first day of the billing pi
Old Balances are excluded from the balan
Transfer Transaction Fee Finance Charges a
initial special rate that has been terminated
have exced In calculating the daily balal
unpaid balance of those BaTance Transfer 1
that day and we add that unpaid balance to
All fees charged to your Account are adi
charges which are added to the cash advai
balance transfer transaction category if a
date to be the first day of the current billing
'e Charges on new purchases if you pay the New Balance shown on the billing statement on which the
Date, and the Payments and Credits on that statement equal or exceed your Previous Balance. We call
a grace period on balance transfers or cash advances. Periodic Finance Charges are imposed on new
in with the dale the transaction occurs
all transactions and Old Balances until the date of repayment Repayment means payment of your entire
Balance shown on this billing statement by the Payment Due Date, and the Payments and Credits shown
sous Balance, we will not impose Periodic Finance Charges on new purchases, that is, purchases first
nt was closed as of September 27 1999, you can avoid payment of Periodic Finance Charges if you pay
iy the Payment Due Date and the Payments and Credits on LMs statement equal or exce
o ed y epayrour.e Previous
ten+eni es: n;or,i'..rr f ra:lude; Periodic r,
Far;rr C;i r u 0'e untii the date f t.:'.
day for purchases, cash advances, balance Uansfers and ?Id Balances (which we refer to as UansacUon
Average Dady Balance x number of days in the b'llm period x Daily Periodic kale. (Refer to the finance
lent for these amounts} Then we add all the Periodic finance Charges for each iransactron category to
your Account. The Average Daily Balance is shown as o if no Periodic Finance Charges apply to the
e (including new transactions) method of calculating the balance upon which we impose Periodic
he New BaTance shown on the billing statement you received during the previous billing period by
Finance Charges on new purchases that first appeared on that billing statement as well as new
ht, unless we already imposed Periodic Finance Charges on the purchases on your previous billing
ice for each transaction category by adding up all the daily balances in a billing period for a
number of days in the billing cycle. We compute the daily balance for each transaction category
evious day's daily balance' transactions made that day, fees charged that day and Periodic Finance
ce; and by then subtracting any credits and payments that are applied against the balance of the
the daily balance for the previous billing period, we consider the previous day's daily balance" to
he purchase and cash advance transaction categories Special rate balance transfers and Balance
uded in the daily balance transfer transaction category. Balance transfers that were subject to an
b a late payment are also included in the category until the initial special rate otherwise would
f the balance transfer transaction category on the first day of the billing eriod, we subtract the
:lion Fee Finance Charges and balance transfers that become purchase rate balance transfers on
fiance of the purchase transaction cateoorv
this
ion category and Ba
made in a previous
n we calculate your
of Cash Advance Transaction Fee Finance
e Finance Charges which are added to the
this statement, we consider the transaction
For TOO (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449.
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to
unsworn falsifications to authorities, that she is Lindy Evans
(Name)
Accounts Manager of DFS Services LLC , plaintiff herein, that
(Title) (Company)
she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint
in Civil Action are true and correct to the best of her knowledge, information and belief.
(Signature)
WWR #07363620
ALICIA M BAUM
6011002360589444
(31
OFF THE F,r r? DWY
r <«r .
2009 JUN 15 N 1'. 3 2
# #Ivo )AJ
ell#
Sheriffs Office of Cumberland County
R Thomas Kline cow, IV eel cumbrr,, Edward L Schorpp
Sheri A Solicitor
I n
Ronny R Anderson Jody S Smith
Chief Deputy OFftCE O= 1,C SRERIFF Civil Process Sergeant
Discover Bank
vs.
Alicia M. Baum
Case Number
2009-4001
SHERIFF'S RETURN OF SERVICE
06/17/2009 07:30 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 17,
2009 at 1930 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Alicia M. Baum, by making known unto David Baum, husband of defendant at 5 Lynn
Avenue Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to
him personally the said true and correct copy of the same.
SHERIFF COST: $46.00
June 18, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
De u y G r 1
?°`y Cl
rtr- C-
.iJa
} 'r'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DISCOVER BANK
VS. NO. 2009-4001
ALICIA M BAUM
TO THE PROTHONOTARY:
Please enter my appearance for
in the above case.
Date: December 18, 2014
PRAECIPE FOR APPEARANCE
DISCOVER BANK
475
•
Signature/ID Numb
Ste hen Selin
Print Name
Eltman, Eltman & Cooper, PC
Firm
140 Broadway, 26th Fl
Address
New York, NY 10005