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Home My WebLink About09-4651IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: - ?{(oS? CtV???L°-rM VS. DOLORES B FONTE COMPLAINT IN CIVIL ACTION 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 07509571 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No DOLORES B FONTE 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: DOLORES B FONTE 27 SECOND ST WASHINGTON, PA 15301 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX1288 . 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 22, 2009 , in the amount of $12486.86 . 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 $125.00 . 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 , DOLORES B FONTE individually , in the amount of $12486.86 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $125.00 , and costs. James C Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 ev nth Avenue, Suite 1400 Pit sb gh, PA 15219 (4 ) 34-7955 F 12-338-7130 0 5 571 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 that purpose. I?IJC.'.:'VtK $12,486.86 CARD 22 SDSN6A0f 0004456 DOLORES FONTE PO BOX 181 LAWRENCE PA 15055-0181 """"" '^ ' ?Ymo n $12,486.86 .----_-_--- - vun I rccounr rvumoer ending in 12titf Enter Amount Enclosed Below I Payment Due Date $ May 21, 2009 Please make check payable to Discover Card . Minimum Payment due includes a past due amount oF$1,980.00. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the same day. Visit Discover.com/payments today. 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 ???nr??ur 1IsIIIII CAROL STREAM IL 60197-6103 000001986458848313686124868600000001248686 Discover More Card Account Summary Account number ending in 1288 Closing Date: April 22, 2009 page 1 of 1 Payment Due Date May 21, 2009 Y Minimum Pa me t D Previous Balance Payments And Credits $12,486.86 y n ue $12,486.86 Credit Limit $12 300 00 Purchases 0.00 + 0.00 , . Credit Available $0.00 Cash Advances Balance Transfer + 0.00 Cash Credit Limit $0.00 Cash Credit Available $0 00 s Finance Charges + 0.00 + 0 00 . New Balance . _ $12,d86.86 C hb k ® as ac Bonus O pening Cashback Bonus Balance $ 0 00 New Cashback Bonus Earned . + 0.00 Cashback Bonus® Anniversary Cashback Bonus Balance $ 0.00 Date: May 22 How Can We Help You? 1 • Visit Discover.co to pay your bill for no co m t i It's your choice - 3 ways to hel s , v ew your latest Account inf ormation, earn and redeem rewards and more 2 C ll 1 8 p Please have your Discover Card available. F . a - 00-DISCOVER (347-2683) for fast, easy self service options or to speak with a Customer Service Account Mana er or TDD (assistance for hearing impaired) see reverse side 3' Write us of Discover Card, PO Box 30943 g , Salt Lake City, UT 8,4130 'XHIBITL _. Finance Charge Summary Average 9a Daily Daily Periodic Nominal ANNUAL PERCENTAGE ANNUAL Periodic Transaction Fee Balance s Rates RATES PERCENTAGE RATES FINANCE FINANCE current billing period: 31 days CHARGES CHARGES Purchases $0 Cash Advances $0 0.07942% 0 ° 28.99% F 28.99/° $0 $0 previous billing period: 22 days .07942 i 28.99% F 28.99% $0 $0 Purchases $0 0.07942% 28.99% F 28.99% $p The rates that apply to your Account are either fixed (F) or the none y ma va Y rY (V) as n oted above. Important lnformatlon. It there is more nian one page to this tilling 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 yru think your bill is wrong or if you need more information about a transaction on your bill, write to us on a separate sheet of paper at Discover Card; PO Box 30421, Salt Lake City, UT 64130-0421, as soon as possible We must hear Trom 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 letter, give us the following information: *Youui name and Account number *The dollar amount of the suspected error about. *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 You do not have to pay any amount in question while we are investigating, b.it 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 of take any action to collect the amount you question. Special Rule for Credit Card Purchases: If Au have a problem with the quality off goods or services that you purchased with a credit card. and youhave Youd have have this protection only when the purchase riice nwas more than $5Y0 and theepurchaset was maderr9 your h ome ustate 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 sending . . described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your check of to process the payment as a check transaction. If payment is processed as an erecbonic fund transfer, theotrancheck sfer 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 The processing of your payment may be delayed if you send cash, correspon farce or other items with your ppayment if you send the payment to any other address of if you use an envelope other than the one provied. Pa,man:l; receive„ on or after 1 PM Monde Y or bank holiday will be posted to your Account as of the next business day tf you have misplaced your envelope send your payment to Discover resubmit it as an electronic debit. Bank, PO Box 6103, Carol Stream, YL 60197-6103 Please allow 7-10 days for delivery If your payment is returned unpaid, we reserve the right to You can pay your minimum payment or a greater amount over the telephone, and you can set uP automatic payments Call us at 1-800-347-2683 that transactionse must this eomPye with US lawan youe willlnbenasedlit0 povlde the tilt r5 Cgitsuofl yourry accounte statement iniyour codean By entenrig those will fon,byour bankfaccountnandto mluate debit or cagditreeientriesng to your bankloaccount as apply able, to corectdan errorcin the pocessng ofhsuch aut ize 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 payment, 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 mall at address listed in the previous paragraph 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 a Your Automatic payment amount may be lass than indicated on the monthly statement based on credits of payments applied during the billing cycle. account may begreflected in yourtcreditrreport aWe normally report thecst tus andspayymentehsto y of yourlAe oV oecrad tfrepo tmdgeagencies each DE month If you believe that our report is inaccurate or incomplete, please write us at tf a following address Discover Card, PO Box 15316, Wilmington, 19850-5316 Please include your name, address, home incomplete, please number and Account number PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to your Account until the date you pay your entire New Balance , by making p gg credits However, billing statement by the Payment Due Date showy, on that s a ement,ayments and or you pay receivinlhe New Balance by if the you paid Payment the Due New Date on Balance your on your previous statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases first appearing on the current statement We call this current billing the grace period Otherwise, you will receive a billing statement next month that includes Periodic Finance Charges 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 sort the transactions within each group by their Annual Peoentage Rate. For example, purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups. We refer to these groups as transaction categories. At the end of each billing period we compute balances and Periodic Finance Charges for each day of the billing period for each transaction category . We use the following equation to compute Periodic Finance Charges for each transaction category. Average Daily, Balance x number of days in the billing period x Dally Periodic Rate IYou may ieo, to the finance charg summary on your billing statement fr these amounts) Then we add up the Periodic Finance Charges for each transaction category to get the totale Periodic Finance Charges for your Account. The Average Daily Balance is shown as zero if, because of the grace period, no Periodic Finance Charges apply to the balance in a transaction category )) Cha rges.thThisomeans dif you didgnotpaycthel New IBalan a tshownton sthe billingostatement youhreceived dunnng pe previouspbillingepeldlodFby the your pl vious b ling state that heist appeartonWhe eunent blMglstlatementcunlessrwee alreauy mpo5ed Perlodie Finance Charges on the purchases on your previous billing statement. ?y p nceared on that belling statement, in a a d div dioge the total by thellnuBmber of days cin the billing cycle9oWe comdpute the da%1 balan ealforeach trabnlsec fi on Cate ory on each day b Tirst ollowing to the previous day's Bail balance. transactions made that day, fe adding the f es charged that day Fin and Periodic tl fora transaction cafe ory on the previous day's daily balance, and by Yren subtracting. any credits and payments that are appbed against the balance of the transaction category on that day. In calculating the daily balance for the irst day of the billing period, dd duto ance e" to saccruen your balance for each transaction category on the last dayy of your previous billing of the billing period in which it occurs, we will treat the Transaction as having occurred an If a first ay df the bill( your Account after thave e blose your Account g period in which it is posted to All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to the applicable balance transfer transaction cate?g9ory When a special balance transfer rate expires, we move the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee mance Charges to the standard purchase transaction category However, if the special rate has been terminated under the Default Rate Plan, we leave the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee 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 subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that she is Ashley Kaltenbach (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. (S WWR# 7509571 Dolores B. Fonte '6011002752501288 FILE." OF THEZ , s ^ I LO'.}9 , :'1. 13 r f l I • C. t *178.5o PQ ATTy U# Aa'7gas FILED-i}~i=ECE 20(0 ~dR -S Pty i ~ 08 CUM ; ~~„ f~r~~Y ~~A t0. i^.~r 1 r.A R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DOLORES B FONTE Defendant(s) No. 09-4651 ClV1L TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA I.D. #205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#7509571 DIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER. BANK Plaintiff vs. Civil Action No. 09-4651 CIVIL TERM DOLORES B FONTE Defendant(s) PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDLCE TO REFILE TO THE PROTHONOTARY OF Cumberland COUNTY: SIR: Kindly settle, discontinue and end without prejudice to retile the above-captioned matter upon the records of the Court and mark the costs paid. WELT. N, WEINBERG &REIS CO., L.P.A. !', By: Lynds y Rowland, wire PA I.D. #205520 WELTMAN, WEINBERG &REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 SWORN TO AND SUBSCRIBED before me this ~~ day of fib , 2010 N ARY P LIC _,Q~LTM OP P'RNN~Y~ Noqulet r)NI W~O~M, M041ry Publla C "" ~~0~~0,~0 0