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HomeMy WebLinkAbout09-4652IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. DONNIE J HAYNES Defendant Civil Action No 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: DONNIE J HAYNES 474 WATERLEAF CT MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX0751 . 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 $12809.41 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 , DONNIE J HAYNES individually , in the amount of $12809.41 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $125.00 , and costs. James Warmbrodt,42524 WELTMAN WEINBERG & REIS CO., L.P.A. 436 Sev th Avenue, Suite 1400 Pittsb r h, PA 15219 (412) 43 -7955 FAX: 1 -338-7130 0742 0 8(C A Pit KMJ This law firm is a debt collector attem]r6ing to collect this debt for our client and any information obtained will be used.for that purpose. uia%. --IV CK $12,809.41 CARD 15 SDSN6A01 0006906 DONNIE HAYNES 474 WATERLEAF CT MECHANICSBURG PA 17050-2489 $12,809.41 Enter Amount Enclosed Below Payment Due Date 2 41L 306 Y I April 14, 2009 Please make check payable to Discover Card. Minimumpayment due includes a past due amount of $2,713.00. 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. 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. PO BOX 6103 11111111111111111151111 1111 CAROL STREAM IL 60197-6103 000001986456995432077128094100000001280941 Discover More Card Account Summary Closing Date: March 15, 2009 page 1 of 1 Account number ending in 0751 Previous Balance $12,809.41 Payment Due Date April 14, 2009 Payments And Credits 0.00 Minimum Payment Due $12,809.41 Purchases + 0.00 Credit Limit $12,100.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance = $12,809.41 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonuse Anniversary Available to Redeem $ 0.00 Date: August 15 How Can We Hel You? 1 • Visit Discover.com to pay your bill for no cost, view your p latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 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 Card, PO Box 30943, Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of EXHIBIT purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for details. 4 Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily Balances Periodic R PERCENTAGE RATES PERCENTAGE FINANCE FINANCE ates RATES CHARGES CHARGES current billing period: 28 days Purchases $0 0.08216% 29.99% F 29.99% $0 none Cash Advances $0 0.08216% 29.99% F 29.99% $0 $0 previous billing period: 15 days Purchases $0 0.08216% 29.99% F 29.99% $0 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 ou think your bill is wron or if ou need more information about a o trsacon y pp y m over We must hear Trom you no l teruthan 60edays aftereweosentpyou at he fi st bill eorcl. n whicchxthe errorsorl probeeCi epp 84130-0421 as Yan .doing phone ussrbut $ doing so will not preserve your rights. In your letter, give us the following information name and Account number o *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 o about. N 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 report you as delinquent or take any action to collect the amount you question. S you pecial Rule for Credit Card Purchases: If you have a problem with the quality off goods or services that you purchased with a credit card. and sevicese You tried haveo this pro ection correct only whthe en tpe pu chase price was merchant, more than $50 and theepurchase was maderin your homeustate or w00 miles of your marling 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 or purchase.) Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as check indicated on yourycheck or to process the payment asnaycheck trnsa tion. If payment is processed transferfrom e your account electronic at the thertransfeuwill 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. dence Uhe 8dress or ifyyou useannenvee lope ot her than the onetlprovdedrrFayrnehts eceivedeonlorlafterhI PM -Monday thro4ghsFritlay orponaeweekend or bank holiday will be posted to your Account as of the next business day. If you have misplaced your envelope, send your payment to Discover Bank, PO Box 6103, Carol Stream, IL 60197-6103 Please allow 7-10 days for delivery If your payment is returned unpaid, we reserve the right to re You can submit it as an electronic debit n p You will your minimum this statement payment nk greater nformation.heYou1emust ensue that suffic enl funds are available lfin your bank a c ounl and all transactions must comply with U S 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 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 marl 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 e. Your Automatic payment amount may be lass than indicated on the monthly statement based on credits or payments applied during the billing cycle. a y ccountt may begreflected a In yourcreditrrepo t. about normally eport the sta us andbureaus. ymentehstory oflyour Ac ounl oecreditrrepo other defaults each month If you believe that our report is inaccurate or incomplete, please write us al tXe followin g 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 transaction is posted to your Account until the date you pa your entire 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 pby the Payment Due Dale on your current billing call the graceh perioddlll OtherwseSe you twill receive a billi ng statem ntnext month that includes sPeriodicaFinancegCharges on rthoseslneatem w pu chases. Thlere is no grace period on balance transfers or cash advances. thgeirsAnnualrPercentagesRate grForpexalmple. purchases subject t0 a°promolonalrrate and purchasesr subjectlto a transactions telwould be separate foioueach dayrof t to b Iinggperiod for eaclctran actiionrcategory a Wed use the fo lowrngpeequation co computeaPeriodicdFinance cCha geselot ec h transaction category Average Daily Balance x number of days in the billingg period x Daily Periodic Rate You may refer to the finance charge summary on your billing statement for these amounts.) Then we add up theYeriodic Finance Charges for each transaction category to get the total 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 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 the billing statement you received duringg[[ the previous billing period by the e shown as Paymeellnast es hat fast appearnonwthe current billingrsttatementcunless we already imposed PeriodiciFinaneeaCharges onlthelrpurchaseseon your previous billing statement We compute the Average Daily Balance for each transaction categoryy by adding up all the daily balances in a billing period for a transaction cafe or and dividingg the total by the number of days in the billing cycle. We compute the daily balance for each transac Ion categor on each day b gg adding the Tollowng to the previous day's daily. balance. transactions made that day, fees charged that day and Periodic Finance Charges accrued on the previous day's daily balance; and by ten subtracting any credits and payments that are applied against the balance of the transaction categoryy on that day. In calculating the daily balance for the first day of the billing period, we consider the "previous day's balance" to have been of the billing peon which it occurs, we willlt eat theatre saction asv havingloc used on the first dayrof the billinglpel oil ncwhich lthsr posted to your Account. 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 tialance Transfer Transaction Fee Finance Charges which are added to the applicable balance transfer transaction cater ory. When a special balance transfer rate expires, we move the unpaid balance of the rate has beenl terminated tinder the Default Rate Plan nwe leaveathe unpaidebalance of the balancehtransfernandlrthe Balagnce T ansfer T(ansactioneFee Finance Charges in the applicable transaction category until the special rate would have expired For TOO (Telecommunications Device for the Beat) 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 unworn 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# 7423068 Donnie J. Haynes '6011000340120751 Q Fli r OF T i 2009 u 13 Pi 1 1: 24 *79.50 PD ATW Cie,* 4 t9 If " 6*<Qa'19 0(0 Sheriffs Office of Cumberland County R Thomas Kline FILD-GF iCE OF THE ?,NCTAPY Sheriff ?ot??titt? 9t ?urnbr?.f??? Ronny R Anderson [009 JUL 22 PM 2:28 Chief Deputy Jody S Smith CU , ,wk ?. IJv+V Civil Process Sergeant OFFICE r1F TnE s"ERIFF n ?? t r Edward L Schorpp Solicitor Discover Bank vs. Donnie J. Haynes Case Number 2009-4652 SHERIFF'S RETURN OF SERVICE 07/15/2009 11:15 AM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Donnie J. Haynes, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Donnie J. Haynes. Kailash Mathur, neighbor at 474 Waterleaf Corut Mechanicsburg, PA 17050 states the defendant moved 2 months ago. The Mechanicsburg Postmaster has advised the defendant's mail is delivered to address given. An exact address is not available. SHERIFF COST: $42.00 July 22, 2009 SO ANSWERS R THOMAS K INE, SHERIFF RONALD C. L. SMITH FUNERAL HOME, Plaintiff, VS. CAROLYN MCNAUGHTON, Defendant. IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CIVIL ACTION NO. 2006-04652 PRAECIPE TO MARK JUDGMENT SATISFIED To the Prothonotary: Kindly mark the judgment in the above-captioned matter satisfied of record with prejudice. (SEAL) R. Scott Cramer, Esq Supreme Ct. I.D. # 22810 P. O. Box 159 Duncannon, PA 17020 (717) 834-5700 Attorney for Plaintiff 0 Date: 1 1 4 Fil Fi OF ?1 it(; a?r;iThuR 2009 NOY 10 AH 10: 06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DONNIE J HAYNES Defendants. Civil Action No. 09-4652 CIVIL TERM TYPE OF PLEADING: AFFIDAVIT OF SERVICE Filed on Behalf of: Plaintiff Counsel or Record for this Party: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7423068 e PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland James IQeinklaus, Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): July 9, 2010 COPY OF NOTICE OF PUBLICATION rHR COURT OF NTYTY EN PLEA$ OF CUMBERLAND COUNTY, PEH}i Affiant further deposes that he/she is not CIVIL DIVISION 3YLVANiA interested in the subject matter of the DISCOVER BANK aforesaid notice or advertisement, and that PIaMtHF No. 09-4652 CIVIL TERM all allegations in the foregoing statement as "'' to time, place and character of publication DONNIE J. HRYNES are true. ORDER OF COURT AND NOW, ttkwt4 this 19fh day of April, 2010, upon conslderabon of the forey°fn4 hiodkl Wr serNde pf QW CompIatni Pursuant to Special Order of UDrkl alta+l d 8 ? a?4 u id ORDER D, AJDJUDf3ED AfYfSE thal the servid -f (.tlnlplalnl in Civil Action may be nerds on Defendant, Donnie J. mgflos, by permitting the Plaintiff to mail a *Vy of 0* Complaint to the 04fli ndent the last known address befnfl 474 WatdrMaf Court, M00WWNCeburg, PA 17050 by Certified Mail and by CoMlice" of maktnp Postafl%oYtn 9817, postage prepaid ahd by piAicAbon purguanfto dte Rules. Servk e.lo be completed upon mafang and . publication SWo tO and subscribed before me this n .. 1 n a BY THE COURT Notary EXIT My commission expires: 1 NOTARiAI. ?. BAMBI AM HECKEMMN NOWY Pubic CARLISLE BOROUGH, CUMBERLANO CNW My Commission Expires Jan 27, 201 ?1 ? 2; 048 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the' Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the offibial legal periodical for the publication of all legal notices, and has, since January 2, 192, been regularly issued weekly in the said County, and that the printed notice or publication attsched hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz July 9, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. a arie Coyne ditor SWORN TO AND SUBSCRIBED before me this 9 day of July, 2010 EXf?lIT - Z- Notary , NOTARIAL SEAT. DEBORAH A COLLINS Notary Pubk CARLISLE BORQ(XIN, C1 AIiD Mr COMMM loe E*W Apt 211, 4 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division No. 09-4652-CML TERM DISCOVER BANK Plaintiff vs. DONNIE J. HAYNES ORDER OF COURT AND NOW, to-wit, this 19th day of April 2010, upon consideration of the foregoing Motion for Service of the Complaint Pursuant to Special Order of Court and attached support- ing affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil Action may be made on Defendant, Donnie J. Haynes, by permitting the Plaintiff to mail a copy of the Complaint to the Defendant the last known address being 474 Waterleaf Court, Mechanicsburg, PA 17050 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing and by publication pursuant to the Rules. Service to be completed upon mailing and pub- lication. BY THE COURT: /s/Edward E. Guido, J. July 9 71? t? > UNITED STATES Certificate Of t LO "r- )- _ A(:).S-fALSERVICE,* Mailing 14 0 Thh Cer(ificale of Mating pruvdes evidence that map has been presented to USPSO rot maibng. This fomr may be used !or domesfic and internaional map. ?I From Weltman 1N ! `' :` w 436 7th Ave. ?f/rksoda?u i s uigh, PA 15219 70 Y) r" - SS'W`ll'S l.ratdtsl PS Form 3817. April 2007 PSN 7530-02-000-9065 TJlilwli (.oomestic Ala 1111 ? r ' Fer de':ivery mt< ? cal] I - 7 - - M Postage $ i . Z.Z w{• A A . n y ?? It r Certified Fee Z- •?r-?? ' 'J O Return Receipt Fee ) •? Fostmi' C3 (endorsemenrt Required) Q e d £r Restricted slivery Fee (Endorsement Required) :`ro r y gt+ j F nj Total Postage & Fees s . 52. C3 J o IJ -- ra -- ----- W .Pr. C3 -g'-1 C3 or Po soxNo.: