HomeMy WebLinkAbout09-6637IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
THOMAS J SHAMANSKY
Defendant
No : ( - X01037 a-v,cce-rm
COMPLAINT IN CIVIL ACTION
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
07648886 C A Pit SJS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No
THOMAS J SHAMANSKY
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, DISCOVER BANK is a corporation with offices at 6500 NEW
ALBANY ROAD NEW ALBANY , OH 43054
2. Defendant is adult individual(s) residing at the address listed
below:
THOMAS J SHAMANSKY
156 E CUMBERLAND RD
ENOLA, PA 17025
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX8887 .
4. Defendant made use of said credit card and has a current balance
due of $5258.03 , as of July 09, 2009 .
5. Defendant is in default by failing to make monthly payments when
due. As such, the entire balance is immediately due and payable to
Plaintiff .
6. Plaintiff is entitled to the addition of interest at the rate of
28.990% per annum on the unpaid balance from July 09, 2009 . A copy of
Plaintiff's Statement is attached hereto, marked as Exhibit "1" and
made a part hereof.
7. Plaintiff avers that the Agreement between the parties provides
that Defendant will pay Plaintiff's attorneys' fees.
8. Plaintiff avers that such attorneys' fees will amount to $125.00 .
9. 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 , THOMAS J SHAMANSKY individually , in the amount
of $5258.03 with interest at the rate of 28.990°. per annum from July
09, 2009 plus attorneys' fees of $125.00 , and costs.
James C a ro t,42524
WELT WEINBERG & REIS CO., L.P.A.
46 Se e th Avenue, Suite 1400
Pitts Y6C h, PA 15219
(412-7955
FAX:/4 338-7130
0764 A Pit SJS
This law firm is a debt collector attem]Ving to collect this debt for
our client and any information obtained will be used for that purpose.
11'90 ?`_? Y CK JU.UU
CARD
30 SDSN6A01 0004629
THOMAS SHAMANSKY
156 E CUMBERLAND RD
ENOLA PA 17025-2509
51,Utt/.UU Ente, Amours' Enc'osed Below
Payment Due Date $ -----?
July 25, 2009
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 II11r1111111111111111111111
CAROL STREAM IL 60197-6103
1111.11111111ill Ill 1 l1r1111111Ill 11111Ir111111111111111111111
300001986458079405888000000000000000108700
Discover More Card Account Summary
Closing Date: June 30, 2009 page 1 of 1
Account number ending in 8887 Previous Balance $5,258.03
Payment Due Date July 25, 2009 Payments And Credits - 5,258.03
Min!mumPayment Due $1,087.00 Purchases + 0.00
Credit Limit $4,000.00 Cash Advances + 0.00
Credit Available $0.00 Balance Transfers + 0.00
Casn Credit Limit $2,100.00 Finance Charges + 0.00
Casi Credit Available $0.00 New Balance = $0.00
Cashback Bonus® Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus This Period + 0.00
Cashback Bonus Balance $ 0.00
Cashback-BenusO Anniversary--------- ...----------- ------------------------------------------------------
Date: February 25
How Can We Help YOU 1. Visit Discovencom to pay your bill for no cost, view our
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
options or to speak with a Customer Service Account Manager
Please have your Discover Card available. 3. Write us at Discover Card, PO Box 30943,
For TDD (assistance for hearing impaired) see reverse side Salt Lake City, UT 84130
Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence.
Trans. Post
Date Date
'Payments and Credits Jun 30 Jun 30 INTERNAL CHARGE-OFF $ -5,258.03
EXHIBIT
Finance Charge Summary
Nominal Transaction
Average Daily ANNUAL ANNUAL Periodic Fee
Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE
Balances Rates RATES RATES CHARGES CHARGES
current billing period: 5 days
Purchases $0 0.07942% 28.99% F 28.99% $0 $0
Past Purchases $0 0.07942% 28.99% F 28.99% $0 $0
Cash Advances $0 0.07942% 28.99% F 26.99% $0 $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 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 you think your bill is wron or if you need more information about a
transaction on your bill, write us on a separate sheet of paper at Discover Moresm. PO Box 30421, Salt Laae 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
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 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
seances. You have this protection only when the purchase price was more than $50 and the purchase was made in your home stale 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 payyment, 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 ay your minimum payment or a rester 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 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 pa gent, however we must receive notice at least three business days in advance of the scheduled payment. You
may notify us by phone at 1-800-347-683 or by mail at address listed in the previous paraggraph. 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 less 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 the following address: Discover MoresM Card, PG 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 pay your entire New Balance, by making payments or receiving credits. However, we will provide the following "grace period." If
yyou paid the New Balance on your previous billing statement by the Payment Due Date shown on that statement, and you pa the New Balance by
the Payment Due Date on this statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases lust appearing on this
statement 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. Tor 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 Dairy Balance x number of days in the billing period x Dail Periodic Rate. See the finance charge summary on your statement for
these amounts.) Then we add up the Periodic Finance Charges for each transaction category to get the total Periodic Finance Charges for yyour
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 average daily 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 category by adding up all the daily balances in a billing period for a transaction categgoryry
and dividing the total by the number of day in the billing cycle. We compute the daily balance for each transaction category on each day by first
adding the ollowin to the previous day's das ily 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 previous billingg period, we consider the " revious against daily balance" to have been zero on the
first day of the 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 tees 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 the special 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.
For TOO (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449.
The nlsnnvP..rM MnrP.sm GM .< i-.,.d Mi 111--- P-L, AA.-..r enir
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 Nicole Rose
(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# 7648886
Thomas J. Shamansky
'6011002900368887
Q
FILED-&'F: `E
OF THE PRCOTHje"?40T*y
2009 OCT -5 A"; 8: 4 5
cull
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?PM.5o PiD ATT`/
Ox.I qa4 8loa0
Sheriffs Office of Cumberland County
R Thomas Kline
'`iLEa-CrrICE
Sheriff IF 71 "f'' ?? " I. !1_r.;,tbTARY
??t of 4rariGrtf ?
Ron f Dee u
Anderson n 20Q9 OCT -9 PH 3: 3J
Chief Deputy 20G9 OCT -9 PH 3: 35
Jody S Smith
Civil Process Sergeant orrICE " ? T -ERiF Jad_: J? 1 Y
Edward L Schorpp P t l ?r +''-t
Solicitor
Discover Bank
Case Number
vs.
Thomas J. Shamansky 2009-6637
SHERIFF'S RETURN OF SERVICE
10/08/2009 04:20 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on
September 8, 2009 at 1620 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Thomas J. Shamansky, by making known unto himself personally, at 156
E. Cumberland Road Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $41.50
SO ANSWER
October 09, 2009 R THOMAS KLINE, SHERIFF
Deputy heriff