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Home My WebLink About09-5696IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No : CA - 5(,q& 0-w; l Tern, VS. COMPLAINT IN CIVIL ACTION LANIECE M WOOD 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 07563328 C A Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No LANIECE M WOOD 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: LANIECE M WOOD 3624 LOUISA LN MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX7948 . 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 August 03, 2009 , in the amount of $5919.95 . 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 , LANIECE M WOOD individually , in the amount of $5919.95 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $125.00 , and costs. fames u. rmbrocft, 42524 WELTMAN, W INBERG & REIS CO., L.P.A. 436 Sev nt Avenue, Suite 1400 Pittsb g PA 15219 (412) 3 7955 FAX: 4 2 338-7130 07563 2 C A Pit SJS This law firm is a debt collector attemptKng to collect this debt for our client and any information obtained will be used. for that purpose. CARD 15 SDSN6A010003320 LANIECE WOOD 3624 LOUISA LN MECHANICSBURG PA 17050-7377 curer t+mounT tnciosea aelow Payment Due Datea _ June 14, 2009 Please make check payable to Discover Card. Minimum yment due includes a past due amount of $T, 142.00. 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 Illrrrllrnnrllrlrlnlnll CAROL STREAM IL 60197-6103 li??nllinni???rliilinlillnni?lllnirrl?il?ninllu?nll 000001986458539682522059199500000000591995 Discover More Card Account Summary Closing Date: May 15, 2009 page 1 of 1 Account number ending in 7948 Previous Balance $5 919 95 Payment Due Date June 14, 2009 Payments And Credits , . 0 00 Minimum Payment Due $5,919.95 Purchases . Credit limit $5,200.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Char es + 0.00 Cash C dit A il bl g + 0.00 re va a e $0.00 New Balance = $5,919.95 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 000 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Date: November 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 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. tXH161T rinance charge Summary Average Daily Balances current billing period: 15 days Purchases $0 Cash Advances $0 Nominal Daily ANNUAL ANNUAL Periodic PERCENTAGE PERCENTAGE EC1103 RATES RATES 0.07942% 28.99% F 28.99% 0.07942% 28.99% F 28.99% The rates that apply to your Account are either Fixed (F) or they may vary (V) as noted above. Transaction Periodic Fee CNH GES CHA GES $0 $0 $0 $0 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 1-800-347-2663. ? Z Blllin RI his Summa z 9 9 r'y. In Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more informoon ation pabssouibtleo transaction on our bill, write to us on a separate sheet of paper at Discover Card; PO Box 30421, Salt Lake City, UT 84130-0421, as s as o.a We must hear from you no later than 60 Says 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. e .The dollar amount of the suspected error. m .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 r, 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 have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or miles of your mailing addressle(if? weoownwofeopelrate the merchant, orsifmwe mailed youathe advertisement faor the goods ortservicestalll pureh ses yore covered regardless of the amount or location 0f 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 ca. or bank holifiq 0i ;f will beuposted toJyyyoour Account as ofythe nextvbusinessadayi if youe1have misplaced y -PM a velopets nugdey ufrdpayment o Discover Bank, PO Box 103, 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 yyour bank account information. You must ensure that sufficient funds are available in your bank account, 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 paymenL however we must receive notice at least three business days in advance of the scheduled payment. You you onteachsmonthly statement when youropay ent will be madelandnhowpmucihut willT rre.phYolur Automaticepayment amount may be tassilthan 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 payyment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete please write us at tfie following 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 by the Payment Due Dale on your current billing the grace pee dill Otherwise Se11 ou t will receive a b illinge statement set month thats includessPeriodicaF inancegCharges on those tnew purchases. There is no grace period on balance ansfers 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 _, coca daj e:f ihr par;,o far each tia!-a!cal-ny. v;c use the foi;owmg equation to compute Periodic Finance C;z,ya3 tc; sach transaction category. Average Daily Balance x number of days in the billin 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?eriodic Finance Charges for eaca transaction cafeory 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. )) Charges.thThisomeans if you did nobalance tei New iBalance shown ton sthe billingostatement you receivededurriinngg ithecpreviouspbilling peririodFby the as well asDnewapturchases thathfirst appearon the current billing s atementcunless we already imposed Periodic FinanceaCharges that thieipurchases on your previous billing statement We compute the Average Dairy Balance for each transaction categorryy by adding up all the daily balances in a billing period for a transaction categgorryy and dividingg the total by the number of days in the billing cycle. We compute the dail balance for each transaction category on each day byTirsl adding the Tollowing 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 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 appplicable balance transfer transaction category. When a special balance transfer rate expires, we move the unpaid balance of the rate has been terminated Gunder therDefault Rate Plainnwe leaveathe unpaidebalance of theabalancehtransfernand ithe Balagnce Transfer TransactioneFee Finance Charges in the applicable transaction category until the special rate would have expired. For TOO ITelecommunlentlont npwrA. 1nr 1h. n.afl seeletar... ?-- -1, ? - e,, -- VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that he is Robert Adkins (Name) Accounts Manager of DFS Services LLC , plaintiff herein, that (Title) (Company) he 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 his knowledge, information and belief. (Signature) WWR# 7563328 Laniece M. Wood '6011002418557948 0 OF THE PROTHONOTARY 2009 AUG 18 AM 9-- 05 CUMEz!-L`iVJD COfUNTY PEN-,SlAN4 k4. $'78.50 P1--,) A`17y CK'X 41903%, f--rlt- aa9 Sao R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriffs Office of Cumberland County T ,. t? ti F NE b4Y ?a?,?tr nt ?u?nbrri??4 OFFICE OF THE S?IERiFF 2009 SEP -2 P NJ 12: u4 CLJ Discover Bank vs. Laniece M. Wood Case Number 2009-5696 SHERIFF'S RETURN OF SERVICE 09/01/2009 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: Laniece M. Wood, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Laniece M. Wood. The Mechanicsburg Postmaster has advised the defendant has moved to 90 Homewood Drive York, PA 17403. SHERIFF COST: $42.00 September 01, 2009 SO ANSWERS, ?'R THOMAS KLINE, SHERIFF