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Home My WebLink About09-4337? v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: C)Q - 432,1 0-4 vilTer vs. DONYA L JONES COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS O., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07422551 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No DONYA L JONES Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend ag inst the claims set forth in the following pages, you must take acti n within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by an attorney and filin in writing with the court your defenses or objections to the claims se forth against you. You are warned that if you fail to do so the ase may proceed without you and a judgment may be entered against y :Du 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 FFICE 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 OFF R 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: I DONYA L JONES 5156 KYLOCK RD MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issue by Plaintiff bearing the account number XXXXXXXXXXXX3465 . A c py of Plaintiff's Statement of Account s attached hereto, marked s 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 12, 2009 , in the amount of $5336.83 . 5. Defendant is in default by failing to make payments whe4 due. 6. Plaintiff avers that the Agreement between the parties ?rovides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $500.00 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 , DONYA L JONES individually , in the amount of $5336.83 with interest at the legal rate of 6.000. per annum from date of judgment plus attorneys' fees of $500.00 , and costs. Wv vr--? - Jame . Warmbro t,4252 WEL , WEINBERG & REI, CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07422551 C A Pit KMJ This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used. for th t purpose. [./??`?' .?/ ?? $0.00 $1,143.00 r Vr - i ' LCOUnr INUmber ending in 3465 CARD Enter Amount Enclosed Below Payment Due Date $ April 29, 2009 31 SDSN6A01 0008744 DONYA JONES ` Will your payment get to us on time? Pay 5156 KYLOCK RD ) ' your bill online and your payment can be MECHANICSBURG PA 17055-4819 made to your account on the someday. Visit Discover.com/payments today. PO BOX 6103 161101111911711-116111101131111111111 Address, e-mail or telephone change? Print change in space CAROL STREAM IL 60197-6103 above, or go to Discover.com. Print your e-mail address a 1' 1111111111111111111 1111 11111,,,,IIII,loll 11111e,,,,11r,1„II receive important Account information and special offers. 000001986454353175362000000000000000114300 Discover More Card Account Summary Account number ending in 3465 Closing Date: March 31, 2009 page 1 of 1 Payment Due Date April 29, 2009 Minimum Pa ment D Previous Balance Payments And Credits $5,336.83 y ue $1,143.00 Credit Limit $4 600 00 Purchases 5,336.83 00 + 0 , . Credit Available $0.00 Cash Credit Li it Cash Advances Balance Transfers . + 0.00 m $2,300.00 Cash Credit Available $0.00 Finance Charges + 0.00 + 0 00 New Balance . _ $0.00 Cashback Bonus® O pening Cashback Bonus Balance New Cashback Bonus Earned $ 0.00 + 0.00 Cashback Borius(ID Anniversary Cashback Bonus Balance Available to Redeem - $ 0.00 Date: November 10 - $ - O:AO- - - - How Can We Help You? I • Visit Discovencom to pay your bill for It's your choice - 3 ways to hel no co l Account 2 C l t tI st, view your ore p Please have your Discover Card available . a l l 800-DISCOVER (347-2683) for fast, options or to speak with a C t easy self sea vc a . us omer Service For TDD (assistance For hearing impaired) see reverse side 3 Write us at Discover Card, PO Box 30943 Account Manager , Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee U Trans. Post se your Discover Card with confidence. Date Date Payments and Credits Mar 31 Mar 31 INTERNAL CHARGE-OFF $ -5,336.83 EXHIBIT Finance Charge Summary - Dail Average Y Balanc Daily Periodic Nominal ANNUAL PERCENTAGE ANNUAL PERCENTAGE Periodic Transaction Fee es current billing period: 21 days Rates RATES R ATES FINANCE CHARGES FINANCE CHARGES Purchases $0 Cash Advances $0 0.08216% 29.99% F 29.99% $0 The rates that apply to your Acco t 0.08216% 29.99% F 29.99% none un are either fixed (F) or the may vary (V) as noted above. uupurnant mrorma[lon. It there is more than one page to this billing statement, see the back of each page for ddiUonal important mfomation. 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. 0 0 Billing Rights Summary. In Case of Errors or Questions About Your Bill If you think your bill is wron or i ou need more informa as slephon about a o transaction on you bill, write to us on a separate sheet of paper at Discover Card; PO Box 30421, Salt La e Cit }' We must hear from you no later than 60 days after we sent you the first bill on which the error or r blem "T 84130-0421,n as soon as possible Wdoing so will not preserve your tights . In your letter, give us the following information p ppeared You ca telephone us, but o our name and Account number •The dollar amount of the suspected error °m *Describe the error and explain, if you can, wh about. Y you believe there is an error If You need more information, describe the item you are unsure A You do 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 repot you as delinquent or take any action to collect tie amount you question x Special Rule for Credit Card Purchases: If you have a problem with the quality ofy goods or services that y u purchased with a credit card , and have tried protection onlywhthe en problem the purchase price was more (lion $ ( and the puto pay rchase was m de remaining youthome ustate orwtnm 100 miles of your mailing address (If we own or operate the merchant, or d we mailed you the advertisement for th goods or services, all purchases are covered regardless of the amount or location of purchase) sen describedsabove, youyauthorize us to use information oin this statement yy Y g your check as to make an electronic fund vtrannsferDfromt o nrdacc unta t the financial institution indicated on you 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 payment, and you will not receive your check back from your financial institution ot . ter address ordyyoou payment jent 'maycipe delayed aif ou n the oectlaruy correspondence yoi other o;temsaI eith1 Pyour K Mon en . if yo send the or bank holiday will be posted to your Account as of the next business day If you have misplaced you envel pee send your payment to Discover day or on I aewec end Bank, PO Box 6103, Carol Stream, IL 60197-6103 Please allow 7-10 days for delivery If your payment is retu ned unpaid, we reserve the right to resubmit it as an electronic debit. You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic pa ments Call us at 1-800-347-2683. You will need this statement and your bank account information You must ensure that sufficient funds are ava table in your bank account, and all transactions must comply with US law You will be asked to provide the first 5 digits of youryyaccount slat ment zip code By entering those ers as natu will b low frombyour bankraccountt, andgto initiateodebit oecreditrenntriestto your borizat ankroaccount, as applcable rloaoorrecl ao error fin the p c payment You must tell us the amount of each payment, or you can select an amount such as the Minimum P ymenl Due or the New Balance oize rroessingaofhsuch each statement You can cancel a payment, however we must receive notice at least three business days in adva ce of the scheduled payment. You n may notify us by phone at 1-800-347-2683 or by mail at address listed in the previous paragraph If your payme is may vary in amount, we will tell you on each monthly statement when your payment will be made and how much it will a Your Automatic ayment amount may be lass than indicated on the monthly statement based on credits of payments applied during the billing cycle. accountt may be reflected in yourrlcredit report about normallycreport the status ands a menteP< histY g p y ory of youI AccoP Y oecred trfepoehndeagencies each month If you believe that our report is inaccurate or incomplete, please write us al the followirgg address Discover Card, PO Box 15316, Wilmington, DE 19850-5316. Please include your name, address, home telephone number and Account number. PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on all transactions from the date the tra saction is posted to your Account until the date you pa your entne New Balance, by making payments or receiving credits However, if you paid the New Balance on your previous billing statement by the Payment Due Date shown on that statement, and you pay the New Balance by the Payme It Due Date on your current billing statement, we will not impose Periodic Finance Charges on new purchases, that is purchases first appearing on t e current statement We call this the grace period. Otherwise, you will receive a billing statement next month that includes Periodic Finance Charg s on those new purchases There Is no grace period on balance transfers or cash advances We sort your transactions into groups of purchases, cash advances, and balance transfers and then further sot the transactions within each group by their Annual Percentage Rate For example, purchases subject to a promotional rate and purchases subject to standard rate would be separate groups. We refer to these groups as transaction categories At the end of each billing eriod we compute bala ces and Periodic Finance Charges for each day of thL b;lhog period yyfor each bansacOcn category i4'c. ,X' the ;;;ILW nDSperiod, equation to compute enodic Finance Charges for each stransaction n your billing statementlioBtheseeamnts) number Then we in up thegPefodic Finance Charges for each h nsachon category to get the total Periodic Finance Charges for your Account The Average Daily Balance is shown as zero it. because of the grace p .,nod, notPeriodic eFinance Charges apply to the balance in a transaction category We use the two-cycle daily average balance (including new transactions) method of calculating the balance upon Which we impose Periodic Finance Charges This means if you did not pay the New Balance shown on he billing statement you received durng he previous billing period by the Payment Due Date shown on that statement, we will impose Periodic Finance Charges on new purchases that firs[ as well as new purchases that first appear on the current billing statement, unless we already imposed Periodic fin nce Charges on the purchases on your previous billing statement ppeared on that billing statement, We compute the Average Daily Balance for each transaction categoryy by adding up all the daily balances in a billin g and dividing the total by the number of days in the billing cycle We compute the daily balance for each hansac on calefgorry on ea hrday by in t adding the following to the previous day's daily. balance transactions made that day, fees charged that day and enodic Finance Charges accrued on the previous day's daily balance, and by ten subtracting any credits and payments that are applied again It', the balance of the transaction category on that daIn calclating the daiy balance for the first day of the billing period, we eonsioer the "reus day's balance" to have been your balace for eactransaction category on the last day of your previous billing period If a transaction is ost to your Account after the close your A bilou period m which d occurs, we will treat the transaction as having occurred on the firs( day of thbdlg period in which it is posted to All fees charged to your Account are added to the standard purchase transaction category with the exception Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Tiansa lion Fee Finance Charges which are added to the apdpplicable balance transfer transaction cat city When a special balance transfer rate expires, w move the unpaid balance of the rate has been ternuoaieo Ender LhelDefaWt Rate PlargnWeelea to the of tha balahcehtransferandtrtoe Ba a9?re Traowe TiansaCU PeF el Finance Charges in the applicable transaction category until the special rate would have expired For TOO (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. VERIFICATION The undersigned does hereby verify su1 unsworn falsifications to authorities, that she is Accounts Manager of DFS (Title) she is duly authorized to make this Verification, in Civil Action are true and correct to the best o WWR# 7422551 Donya L. Jones '6011008090753465 0 OF THE rR,-. _ "•1 PY 2009 JUN 26 PM f : ? 6 CtJI??' h A'v TY 1 rc? 4i y' V;el!' h -+78.60 Po AT7-Y Co 4d?ttt9 e gala90 Sheriffs Office of Cumberland County R Thomas Kline 8?ticu of 6 urtr6 rah Edward L Schorpp Sheri a' Solicitor Ronny R Anderson Jody S Smith Chief Deputy Orr'4'E' E -ERIFF Civil Process Sergeant Discover Bank Case Number vs. 2009-4337 Donya L. Jones SHERIFF'S RETURN OF SERVICE 06/3012009 04:44 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2009 at 1644 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Donya L. Jones, by making known unto Tammi Jones, adult in charge at 5156 Kylock Road Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 July 01, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff ? N t\1 `? p C.. DISCOVER BANK Plaintiff VS. DONYA L JONES Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No: 09-4337 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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 07422551 C A Pit JLI Judgment Amount $4336.83 DISCOVER BANK Plaintiff VS. DONYA L JONES TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 09-4337 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant DONYA L JONES above named, in the default of an Answer, in the amount of $4336.83 computed as follows: Amount claimed in Complaint $5336.83 Less payments / adjustments made $1500.00 Attorney's fees $500.00 TOTAL $4336.83 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By : _-f James C. 0742255 roar-, A Pit JLI Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburg V,PA 15219 And that the last known address of the Defendant is DONYA L JONES 5156 KYLOCK RD MECHANICSBURG, PA 17055 DISCOVER BANK Plaintiff vs. DONYA L JONES Civil Action No. 09-4337 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant , DONYA L JONES is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMSC), which states that the Defendant , DONYA L JONES 5156 KYLOCK RD MECHANICSBURG, PA 17055 is not in the military service. Further Affiant sayeth naught. SWORN TO AND SUBS k3 day of / Z: - co OF NNSYLVANIA lc unty , 2010 ciatbn of Notaries Mera Asso IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION in my presence this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. DONYALJONES Defendant TO: DONYALJONES 5156 KYLOCK RD MECHANICSBURG, PA_ 17055 Date of Notice: Case No. 09-4337 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN,INBERG & REIS CO., L.P.A. By' Matthew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7422551 A PIT T4S Request or Vilitary Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 SEP-30-2009 12:22:25 ''< Last Name First/Middle Begin Date Active Duty Status Service/Agency JONES DONYA Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: bM://www.defenselink.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: HKK4GOCBAC https://www.dmdc.osd.mil/scra/owa/scra.pre_Select 9/30/2009 2 0 0 9 O ,! 22 F 2: 11 t? 4I4.oo PD Arr/ (;ew 43oq 1(04 p14 a3a4g4 IJnket WaxW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-4337 CIVIL TERM DONYA L JONES NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following order of Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $4336.83 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonol By: DONYA L JONES 5156 KYLOCK RD MECHANICSBURG, PA 17055 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955