The URL can be used to link to this page

Home My WebLink About09-4843IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: (? - y$43 l.?'?vi Terh vs. COMPLAINT IN CIVIL ACTION PATRICK K MYERS 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 07509450 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No PATRICK K MYERS 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: PATRICK K MYERS 518 KATRINA CT MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX1630 . 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 $11269.08 . 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 , PATRICK K MYERS individually , in the amount of $11269.08 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $125.00 , and costs. James 436 S Pitts (412) FAX: 075 WEINBERG & REIS CO., L.P.A. nth Avenue, Suite 1400 gh, PA 15219 4-7955 2-338-7130 0 C A Pit KMJ This law firm is a debt collector attemKting to collect this debt for our client and any information obtained will be used for that purpose. CARD 18 SDSN6A010004335 PATRICK MYERS 518 KATRINA CT MECHANICSBURG PA $11,269.08 $1,821.00 Enter Amount Enclosed Below Payment Due Date $J. t) r? May 17, 2009 tl Please make check payable to Discover Card. You are overlimit. Pay the sum of the monthly minimum payment plus the overlimit amount of $769.08. Will your payment get to us on time? Pay your bill online and your payment can be 17050-8702 made to your account on the some 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 71084 CHARLOTTE NC 28272-1084 000001986458485804161112690800000000182100 Discover More Card Account Summary Closing Date: April 18, 2009 Account number ending in 1630 Payment Due Date May 17, 2009 Minimum Payment Due $1,821.00 Credit Limit $10,500.00 Credit Available $0.00 Cash Credit Limit $2,700.00 Cash Credit Available $0.00 You may be able to avoid Periodic Finance Charges, see the reverse side for details. page 1 of 1 Previous Balance $10,919.03 Payments And Credits 0.00 Purchases + 78.00 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 272.05 New Balance = $11,269.08 Cashback Bonus® Opening Cashback Bonus Balance $ 0 00 . New Cashback Bonus Earned + 0.00 Cashback Bonus® Anniversary Cashback Bonus Balance $ 0.00 Date: March 18 How Can We He) 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 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 18 Apr 18 OVERLIMI T FEE 39 00 Apr 18 Apr 18 LATE FEE . 39.00 Information For You * * * ATTENTION * * * Your account is seriously past due. Payment of the amount due and arrangements for Future payments should be made immediately. EXH81T 1 Finance Charge Summary Average Dail Daily P d Nominal ANNUAL ANNUAL Periodic Transaction Fee y Balances erio ic Rates PERCENTAGE PATES PERCENTAGE RATES FI NANCE FINANCE current billing period: 31 days CHARGES - Purchases Cash Advances $11050.11 $0 0.07942% 28.99% F 28.99% $272.05 $0 0.07942% 28.99% F 28.99% $0 $0 The rates that apply to your Account are either Fixed (F) or they may vary (V) as noted above. -•..... •.•'- in- milli o0o pdye ro 11115 Dining 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. Cl) z 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 o transaction on your bill, write to us on a separate sheet of paper at Discover Card; PO Box 30421, Salt 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 o doing so will not preserve your rights. In your letter, give us the following information. o Your name and Account number A *The dollar amount of the suspected error w *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 N about o 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 have tried in good faith to correct the pioblem with the merchant, you may not have to pay the remaining amount due on the goods or miles of your mailing address. (Ifs we own oreo iperate the merchant orsifmwe mailed youat the advertisement for he goods orrsehome st r services, alll purch ses 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 tron be Ifortthe amount of the check roWhen we useninformationhfrom youracheck to maakeean lelecrtronice and transfe , f ndsf m ytbenwithdrawn fromryour account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution other address or lfyyou use annenvee lope other than the one provded rr Paymen sereceivedeon orr afterh1 PM Monday througuh sFriday oron a weekend or bank holiday will be posted to your Account as or the next business day If you have misplaced your envelope, send your payment to Discover Bank, PO Box 6103, Carol Stream, fL 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 of 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 of 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 mail 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 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 al IXe following address. Discover Card, PO Box 1516, 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 by the Payment Due Date on your current billing statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases first appearing on the current statement. We call this 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 Percentage Rate. For example, purchases subject to a promotional rate and purchases subject to a standard rate would be separate Poi r oups. We refer to these groups as transaction categories At the end of each billing period, we compute balances and Periodic Finance Charges eh 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 following equation 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 appeal 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 the dail balance for each transaction category on each day by first adding the following 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 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 f the Milo g 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 o your Accou 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 to 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 he applicable transaction category until the special rate would have expired. c- inn rT.lewnr.....unlwwHwnn n.. d..w / - •6- n..- ---- -- -1 • - e11 9..n 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. r"A I ? JA (Si ature) WWR# 7509450 Patrick K. Myers '6011002360181630 FILED-iC r OF THE PrOl-i E 2009 JUL 20 PM 2: 4 5 CUv BE L ,N? ? C;C)ut, Ty PENtvXVMIA $18.5o Po A7r/ 4 I I o(OQS { au.2 Is Sheriffs Office of Cumberland County R Thomas Kline Sheriff ?tErxtr of ?>ttnttrrjr0 OFFICE ^K TE ?wFRIFF 'Tt Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 2909 JUL 28 P11 0 c kj; ?'r r Discover Bank vs. Patrick K. Myers Case Number 2009-4843 SHERIFF'S RETURN OF SERVICE 07/24/2009 07:41 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 24, 2009 at 1941 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Patrick K. Myers, by making known unto Lori Myers, wife of defendant at 518 Katrina Court Mechanicsburg, Cumberland County, Pennsylvania 17050 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 27, 2009 SO ANSWERS, RTHOMAS KLINE, SH RIFF eputy Sheriff DISCOVER BANK Plaintiff vs. PATRICK K MYERS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No: 09-4843 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 07509450 C A Pit JLI Judgment Amount $12769.08 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-4843 CIVIL TERM PATRICK K MYERS PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant PATRICK K MYERS above named, in the default of an Answer, in the amount of $12769.08 computed as follows: Amount claimed in Complaint $11269.08 Less payments / adjustments made $0.00 Attorney's fees TOTAL $1500.00 $12769.08 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: James C. WAVmbrodt, 07509450/C/A Pit JLI Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburg VIPA 15219 And that the last known address of the Defendant is PATRICK K MYERS 518 KATRINA CT MECHANICSBURG, PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. PATRICK K MYERS Defendant Case No. 09-4843 CIVIL TERM IMPORTANT NOTICE TO: PATRICK K MYERS 518 KATRINA CT MECHANICSBURG, PA 17,0+'50 Date of 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 DA'T'E 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 WELTMAM WEINBERG & 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 7509450 A PIT B4S DISCOVER BANK Plaintiff VS. PATRICK K MYERS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 09-4843 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 , PATRICK K MYERS 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 , PATRICK K MYERS 518 KATRINA CT MECHANICSBURG, PA 17050 is not in the military service. Further Affiant sayeth naught. SWORN TO AND SUB CR BED in my presence this /C day of / A'? - -, =?_) . COMMONwEALNI OF PENNSYLVANIA Notarm Seal Vi" k Jorm, Notary Public City of OK A41160" Jum C 2010 MY Carba Member, PermiwpXim AssoclAw of NoterMs Request for Military Status Page 1 of 2 Department of Defense Manpower Data Center SEP-14-2009 12:27:29 Military Status Report Pursuant to the Servicemembers Civil Relief Act ?C Last Name First/Middle Begin Date Active Duty Status Service/Agency MYERS PATRICK 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. Alakk fit 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 parson'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: http://www.defen3elink.mil/faq/Pis/PC09SLDR.htrnl WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/14/2009 T T14- M9 SEP 18 FM 2* :-, JA"" Y 414.Oo Pty AT" CK.:" 4450,787 04 aB0 7 %0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-4843 CIVIL TERM PATRICK K MYERS NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the?f?llowing Order of Judgment was entered against you on q IB e9 (xx) Assumpsit Judgment in the amount of $12769.08 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 Pro By: PATRICK K MYERS 518 KATRINA CT MECHANICSBURG, PA 17050 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955