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Home My WebLink About09-7143 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 0? - -7/ q,3 (2,,, vs. 11 COMPLAINT IN CIVIL ACTION JODIE TIEFENBRUM 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 07648727 C A Pit KMJ Y ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No JODIE TIEFENBRUM 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: JODIE TIEFENBRUM 333 W PENN ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4725 4. Defendant made use of said credit card and has a current balance due of $2765.28 , 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 , JODIE TIEFENBRUM individually , in the amount of $2765.28 with interest at the rate of 28.990% per annum from July 09, 2009 plus attorneys' fees of $125.00 , and costs. Liames C rmbr6cat,42524 WELTMAN, INBERG & REIS CO., L.P.A. 436 Seve t Avenue, Suite 1400 Pittsbu g , PA 15219 (412) 4 4 7955 FAX: 4 2- 38-7130 076487 7 C A Pit KMJ This law firm is a debt collector attempt4 to collect this debt for our client and any information obtained w l be used for that purpose. l./?taF1rA. Dv CK $2,765.28 $2,765.28 Payment Due Date DUE IMMEDIATELY 08 SDSN6A01 0004470 JODIE TIEFENBRUM 333 W PENN ST CARLISLE PA 17013-2249 Add. ass, e-mail or telephone change? Print change in space o6we, or go to Discover.com. Print your e-mail address to race ve important Account information and special offers. Enter Amount Enclosed Below ?I Will your payment get to us on timeV Pay , your bill online and your payment can be made to your account on the same day. Visit Discov(err.com/paym7ents today. PO BOX 6103 IIIn?IIn?Iln?luln?I?ll CAROL STREAM IL 60197-6103 000001986458222964096027652800000000276528 Discover More Card Account Summary Closing Date: June 8, 2009 page 1 of 1 Account number ending in 4725 Previous Balance $2 765 28 Payment Due Date July 7, 2009 Payments And Credits , . 000 Minimum Payment Due $2,765.28 Purchases + 0 00 Credit Limit $1,900.00 Cash Advances . + 0 00 Credit Available $0.00 Balance Transfers . + 0 00 Cash Credit Limit $0.00 France Charges . + 0 00 Cash Credit Available $0.00 New Balance . $2,765.28 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 iCashback Bonus® Anniversary - ,Date: September 8 How Can We Hel YOU? 1 • Visit Discover.com to pay your 1611 for no cost, view our p latest Account information, earn and redeem rewards and moro 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. Intormation 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 AS" for details. Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fe Daily I Periodic PERCENTAGE PERCENTAGE FI A GE e FINANCE nes Rates RATES RATES CH S RGES ,'current billing period: 8 days Purchases $0 0.07942% 28.99% F 28.99% $0 $0 'Cash Advances $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. 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 o Lost or stolen cards. Report immediatelyl Call 1-800-847-2683. Z rn Son RI?rU 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 o transaction on your bill, write 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 $ doing so will not preserve your rights. In your letter, give us the following information: o •Your name and Account number. N *The dollar amount of the suspected error. •Dessccr`ibe 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 X 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 We 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 mayy not have to pay the remaining amount due on the ggoods 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 wthin 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, L 60197-6103. Please allow 7-10 days or 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 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 initia a 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 ment, 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 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 less than indicated on the monthly statement based on credits or payments applied during the billing cycle. Cre& 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 Classic Card, PQ Box 15316, Wilmington OE 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 m king payments or receiving credits. However, we will provide the following "grace period." If you paid the New a ante 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 this statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases y appearing on this statement Otherwise, you will receive a billing statement next month that includes Periodic Finance Charges on tose 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 following equation to compute Periodic Finance Charges for each transaction category : Average Dai y Balance x number of days in the billing period x Daily 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 gel the total Periodic Finance Charges for your Account. The Average Dairy 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 t?e 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 categorryy by adding up all the daily balances in a billing period for a transaction categgorryy and dividing the total g the number of days in the billing cycle. We compute the daily balance for each transaction category on each day byTirst 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 previous billing period, we consider the "previous day's dairy balance" to have been zero on the first day or the billing period. If a transaction is posted to your billing period, 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 the special rate expires, we move the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges o 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. 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# 7648727 Jodie Tiefenbrum '6011002188914725 FILED ry~ ^r h ^ -„ qRY 2009 OCT 19 p'i 2: S 1 (Lvi e. . ?,C(-l' a a ;Zv Sheriff s Office of Cumberland County R Thomas Kline Sheriff ~~ti~~~tti, ~,i ~•u~nbrp~fi~~~ -, ~, Y, - ~,,~~ -.. _ z. Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ,! ryr~ ~ ..~ ~ iJ; i f .; .., Discover Bank vs. Jodie Tiefenbrum Case Number 2009-7143 SHERIFF'S RETURN OF SERVICE 10/20/2009 05:57 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 1757 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jodie Tiefenbrum, by making known unto herself personally, at 333 W. Penn Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 October 21, 2009 SO ANSWERS, ~' ~.~~~' R THOMAS KLINE, SHERIFF Bye ----~i Deputy heriff WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah Ehasz, Esquire I.D. No.86469 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7648727 DFO DISCOVER BANK VS. JODIE TIEFENBRUM Cumberland County Court of Common Pleas -loco ;n._. G NO. 09-7143 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS i By Sarah Ehasz, Attorney for Sworn to and subscribed ?- Bef e the day 0f J uary, 2011 NOTARY PUBLIC , L.P.A. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L Gault, Notary Public CGty of Prttaburgh, A kgheny County My Commisalon E)Ores July 15, 2014 Member. Pennsvlvania Association of Notaric Attorney for Plaintiff(s) aMk -`$cr> %11? S0 Boy q1 ? ?sUsac