The URL can be used to link to this page

Home My WebLink About09-4778 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: (q-4-718 0'".k-Tej-M VS. TED JAMES PIERCE 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 07513890 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No TED JAMES PIERCE 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: TED JAMES PIERCE 470 HEISEY RD MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX5952 . 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 25, 2009 , in the amount of $3686.87 . 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 , TED JAMES PIERCE individually , in the amount of $3686.87 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $125.00 , and costs. James •. War ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 e nth Avenue, Suite 1400 Pitt b gh, PA 15219 (41 ) 34-7955 FAX 4 2-338-7130 07 3 90 C A Pit KMJ This law firm is a debt collector attebVting to collect this debt for our client and any information obtain will be used for that purpose. VIJC.`_`V tK CARD $3,686.87 $543.00 Payment Due Date May 15, 2009 Enter Amount Enclosed Below $ Please make check payable to Discover Card. Minimum payment due includes a past due ti amount of $450.00. 16 SDSN6A01 0004347 TED PIERCE Will your payment get to us on time? Pay 470 HEISEY RD your bill online and your payment can be made to your account on the same day. Visit MECHANICSBURG PA 17055-9773 Discover.com/payments today. PO BOX 71084 ill u. 11111911113 CHARLOTTE NC 28272-1084 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. 000001986451974698988036868700000000054300 Discover More Card Account Summary Closing Date: April 16, 2009 page 1 of 1 Account number ending in 5952 Previous Balance $3,570.52 Payment Due Date May 15, 2009 Payments And Credits 0.00 Minimum Payment Due $543.00 Purchases + 39.00 Credit Limit $4,800.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $2,400.00 Finance Charges + 77.35 Cash Credit Available $0.00 New Balance $3,686.87 You may be able to avoid Periodic Finance Charges, see the reverse side for details. 'Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Date: September 16 How Can We Help You? 1. Visit Discover.com to pay your bill for no cost, view our j latest Account information, earn and redeem rewardi 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. Trans. Post Date Date Other/Miscellaneous Apr 16 Apr 16 LATE FEE $ 39.00 Information For You * * * ATTENTION * * * Your account is seriously past due. Payment of the amount du n rttinggryp'i?s ture payments should be made immediately. ,Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 31 days Purchases $1650.96 0.06915% 25.24% V 25.24% $35.40 $0 Cash Advances $1956.84 0.06915% 25.24% V 25.24% $41.95 $0 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 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 yyou need more information about a transaction on your bill, write to us on a separate sheet of paper at Discover Card; PO Box 30421 Sr Lake City, VT 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 letter, 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 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. 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 nave tried in good faith to correct the problem with the merchant, you mayy not have to pay the remaining amount due on the goods or services You have this protection only when the purchase price was more than $50 and the purchase was made in your home state or within 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 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 financial 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 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, correspondence or other items with your payment, if you send the payment to any other address or if you use an envelope other than the one provided. Payments received on or after 1 PM Monday through Friday or on a weekend 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 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 payments. Call us at 1-800-347-2683 You will need 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 payment, however we must receive notice at lead 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 fisted 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 be. Your Automatic payment amount may be lass 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 tie following address. Discover Card, PO Box 15316, Wilmington, DE 19650-5316 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 by the Payment Due Date on your current billing statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases first appealing on the current statement We call this the grace period. Otherwise, you will receive a billing statement next month that includes Periodic appealing 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 Percentage 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 follov;rg equation to compute Periodic Finance Charges for each transaction category Average Daily Balance x number of days in the billing period x Daily Periodic Rate (You may refer to the finance charge summary on your billing statement for these amounts) Then we add up the Periodic 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 during the previous billing period by the Payment Due Date shown on that statement, we will impose Periodic Finance Charges on new purchases that first appeared on that billing statement, as well as new purchases that first appear on the current billing statement, unless we already imposed Periodic Finance Charges on the purchases on 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 Categgory and dividing the total by the number of days in the billing cycle. We compute t e h dad balance for each transaction category on each day bylast adding the following to the previous day's daily balance. transactions made that day, lees charged that day and Periodic Finance Charges accrued on the previous day's daily balance, and by then subtracting any credits and payments that are applied against the balance of the transaction category 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 your balance for each transaction category on the last day of your previous billing period If a transaction is posted to your Account after the close of the billing period in which it occurs, we will treat the transaction as having occurred on the first day of the billing period in which it is 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 Balance Transfer Transaction Fee Finance Charges which are added to the applicable balance transfer transaction Category. When a special balance transfer rate expires, we move the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance 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 C- Tnn lTsl?ww..........iw..a iwn. llw..- A.. #6. f1.- -1.1 .....w ..1-- ..,.11 1 - * a-1 - 11 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. ( ?Aj? I A t (k'"rj (J(A,,? (Signature) WWR# 7513890 Ted J. Pierce '6011005620265952 Q L Q9 JUl t r ri{ 12: .J *78.5o Pa ATW ull" aae I ace R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriff s Office of Cumberland Cc~~~~a~~ ~~ ;~~~r~~~Y ~o~~ptr dt ~utabrt[~~b LtkU9 ~lii Lz ! ~ .3' 1 f iii: +`33 ~.~~lLV~~'~ ~a pfFi~E ~ T't~ $1!ERIF~ Discover Bank vs. Ted James Pierce Case Number 2009-4778 SHERIFF'S RETURN OF SERVICE 07/21/2009 05:39 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 21, 2009 at 1739 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ted James Pierce, by making known unto Jim Thomasello, adult in charge at 470 Helsey Road Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 July 22, 2009 SO ANSWERS, ~~ji~~C ~.a/ R THOMAS KLINE, SHERIFF puty Sheriff WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Matthew D. Urban, Esquire I.D. No.90963 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 07513890 Attorney for Plaintiff(s) DISCOVER BANK vs. TED JAMES PIERCE and PNC BANK Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 2009-04778 c~ ~ a ~J ~_... - - c_.. :~ -n - { ~ ~ „ ~ ..~ _y~„ - ~ v~; _ r ~ s _.> _ ~ ' , _~ ,+ f („f. .~ -~ --C PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s), PNC BANK, only. WELTMAN, WEI ERG & REIS CO., L.P.A. By Matthew D. Urban, Esquire Attorney for Plaintiff Sworn to and subscribed Before me the ~ Day of AIO RY PUBL E, 2010 ~8.0o PA A"M C'~ 't1d81 `l `~ ~a~3c~y~ c~,ti rv,~ a,1c i ~~ ~~ E ayt t F )r.; at t ry r C' t,r y o' F~irt !~~ x ~ e'.fly , t .,,,,,; ~ 3viy G~~r~r ~r ~rr,r r , ~ 4 -~ ~ 71? 4Aricrn~ ,~ ~^,,, .~ r ? Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY .."'Ir aC ?Itlflb,1,1144 OFF ...'" . % I ,911 JAN -6 AM 9: 2 RENNSYI-W Discover Bank vs. Ted James Pierce Case Number 2009-4778 SHERIFF'S RETURN OF SERVICE 05/07/2010 01:31 PM - Ryan E. Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 7, 2010 at 1329 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Ted James Pierce, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Deb Elliott, Vice President Branch Manager personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on May 10, 2010 to Ted James Pierce at 470 Heisey Road, Mechanicsburg, PA 17055. 01/05/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $87.50 January 05, 2011 SO ANSWERS, (ate ?l? RON R ANDERSON, SHERIFF By Sharon R. Lantz t'? ?a- C79435 R-W- a2 S73 367 !,:j i:cu,14YSuitn Shenlf. 7e,+exs^`t. t!'.c. t? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4778 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From TED JAMES PIERCE, 470 Heisey Road, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK, 91 Cumberland Parkway, Mechanicsburg, PA 17055 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,811.87 Interest -- $62.03 Atty's Comm % Arty Paid $156.50 Plaintiff Paid Date: 4/.291201.0 (Seal) RFQUIFSTING PARTY: Nair.e MATTHEW D. URBAN, ESQUIRE Address: 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 L.L. $.50 Due Prothy $2.00 Other Costs David . Buell, Protho otary By: Deputy Supreme Court ID No. 90963