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Home My WebLink About09-6643IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: Oq- bIP43 evil (erM VS. COMPLAINT IN CIVIL ACTION BRIAN N GEERS 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 07646143 C A Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No BRIAN N GEERS 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 b 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: BRIAN N GEERS 22 SPRING ST APT 4 SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7479 . 4. Defendant made use of said credit card and has a current balance due of $2322.79 , as of July 08, 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 19.800% per annum on the unpaid balance from July 08, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 11111 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 , BRIAN N GEERS individually , in the amount of $2322.79 with interest at the rate of 19.80016 per annum from July 08, 2009 plus attorneys' fees of $125.00 , and costs. James C. WELTMAN 436 Se Pittsb z (412) 43 FAX: 12 0764 142 iaaw i. a., -SGJG-i W INBERG & REIS CO., L.P.A. t Avenue, Suite 1400 PA 15219 7955 338-7130 C A Pit SJS This law firm is a debt collector attemng to collect this debt for our client and any information obtained Will be used for that purpose. vsvN.'.,r r L. l% v.,o«.17 CARD 22 S0SN6A01 0004632 BRIAN GEERS 22 SPRING ST APT 4 SHIPPENSBURG PA 17257-1139 Enter Amount Enclosed Below Payment Due Date $ c f o July 21, 2009 Please make check payable to Discover Card. Minimum pa ment due includes a past due amount of $465.00. 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. 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 6103 Ill I 111111111 11 CAROL STREAM IL 60197-6103 11 11,,11,iIll It 1111IIur,1IIII1r,,,ILll,r,r,llr,l„II 000001986457893870236023227900000000232279 Discover Card Account Summary Account number ending in 7,479 Payment Due Date July 21, 2009 Minimum Payment Due $2,322.79 Credit Limit $1,000.00 Credit Available $0.00 Cash Credit Limit $0.00 Cash Credit Available $0.00 Closing Date: June 22 2009 , page 1 of 1 Previous Balance $2 322 79 Payments And Credits , . Purchases 0.00 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 0.00 New Balance + 0.00 $2,322.79 'Cashback Bonus® Opening Cashback Bonus Balance New Cashback Bonus This Period +$ 0.00 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Date: October 22 How Can We Help You? 1 • Visit Discover.com to pay your bill for no cost, view your 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 7DD (assistance for hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 8,4130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You Because you missed a payment and did not make this payment by the next Payment Due Date, the Annual Percentage Rates for your Account have been increased; see the Finance Charge section for rate information. This rate will remain in effect until your next Anniversary Date at which point you may qualify for a lower rate. tXHI81T Finance Charge Summary Average Daily Balances current billing period: 31 days Purchases $0 Cash Advances $0 Nominal Da Transaction Daily ANNUAL ANNUAL Periodic Fee RaLes eriodic PERCENTAGE PERCENTAGE FINANCE FINANCE P RATES CHARGES C RGES 0.05425% 19.80% V 19.80% 0.05425% 19.80% V 19.80% 'The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. $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 1-800-347-2683. Willing 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 transaction on your bill, write us on a separate sheet of paper at Discover Moresm; PO Box 30421, Salt Lake City, UT 84130-0421, as soon as possible. We must hear Trom 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. Specla 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 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 indica described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution will be fortthe amount of the check. Whentweu seeinformationhfromtyouracheck to makeean electroniced fund transfertfunds fund atbe withdrawn transfer your account as soon as the same day we receive yourTayyment and you will not receive your check back from your financial institution. anyh pother address r if youyusegan envelope?otherif( thaon the onesprovidedpoPaymentsrreceived on oritafter 1PPN1 Monday yousend Frriidayyoreonta 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 riVgYt, to resubmit it as an electronic debit and y Youowilan eead this statement anwymour bank account information.thYou must ensure that sufficientpfunautomc ds are avaailyable inyoulr' bank a coun . 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. numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct ech payment yourauthoriize from your bank account and to initiate debit or credit entries to your bank account as applicable, to correct an error in he processing of such ment ll us the unt h as the Minim each st tement uYouecan cancel aouaymennt of everlwe' musor you receivesnotice at l ast threecbusiness days nuad ance of thhe s heduled paym nteYou may notify us by phone at 1-800-347-2663 or by mail at address listed in the previous Para ggraph 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 a encies each month. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover More shl Card, P?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 yuntilpthe date ou aIy your entire New Balance, by making Fayments aaoyrr receiving credits. However, we will provide the following "grace period." If fhe Payment Duee Dates on the statement web will nota impose Periodic Finance Ch arges ononew purchasest thatg is, purchasesafirst appeariinga one 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. For example, purchases sublI'ect to a promotional rate and purchases subject to a standartl rate would be separate groups. We refer to these groups as transaction categories each day of the At the end of each billing period, we compute balances antl Periodic Finance Char c ges for billing period for each transaction category. We use the following equation to compute Periodic Finance Chargers for each transaction category Average Daily Balance x number of days in the billing period x Daily Perio these amounts di Rate. (See the finance charge summary on your statement for .) category to get the ta Account The AvTerhenagewe Daily add up Balance the is shown Periodic as zero Finance it beca Charges use for of ea th ch e grace transaction period, no Periodi finance Charges apply to the balance in a tol Periodic Finance Charges for c your 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 Categgory and dividing the total by the number of days in the billing cycle. We compute the daily balance for each transaction category on each day bylirst adding the following to the previous days daily balance: transactions made that day, fees charged that day and Periodic Finance Charges accrued on the previous days Baily 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 billing period, we consider the "previous day's 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 fees charged to your Account are added to the standard purchase transaction categorByy with the exception of Cash Advance Transaction Fee added areaddedhtorgthe aphplcabie bala ce trathe nsfer transactionhca evgory Whenathe spe ialrateaexpires we movefthe unpaidtibalance oif the balanceetransfer and the Balance Transfer Transaction Fee Finance Charges to the standard purchase transaction categor . However, if the special rate has been terminated under the Default Rate Plan, we leave the unpaid balance of the balance transfer and the Byalance Transfer Transaction Fee Finance Charges in the applicable transaction category until the special rate would have expired. For TOD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. Thp Disenvprdu MnrpsM rnrri it imiAti hV ni-m- on,? i.no.. - rnir 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# 7646143 Brian N. Geers '6011001960157479 Q OF TH ~ QTARY 2009 OCT -b AM 8: 4 7 INN PE I-Jul $'78.50 PO arrY CO 4434 2617 Imo' -U 1401 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?ttr at Qn+nbrrl?b 4,0 9Ff' E _? 'NE S!,MFF FILED, ?THE P-P-,- _,!"r) EARY J; 2109 OCT 15 A H 9: 11 livi ti??7 Discover Bank Case Number vs. Brian N. Geers 2009-6643 SHERIFF'S RETURN OF SERVICE 10/12/2009 08:17 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2009 at 2017 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Brian N. Geers, by making known unto himself personally, at 22 Spring Street, Apt. 4 Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to hirr personally the said true and correct copy of the same. SHERIFF COST: $46.00 October 13, 2009 SO ANSWERS, At THOMAS KLINE, SHERIFF BY 7Z--- De ty Sheriff