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Home My WebLink About09-7148 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: OQ - 7/q8 3VS. COMPLAINT IN CIVIL ACTION MATTHEW J CALLEN 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 07678969 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No MATTHEW J CALLEN 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: MATTHEW J CALLEN 517 FRANCIS DR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3346 . 4. Defendant made use of said credit card and has a current balance due of $12216.25 , as of July 24, 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 24, 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 , MATTHEW J CALLEN individually , in the amount of $12216.25 with interest at the rate of 28.9900 per annum from July 24, 2009 plus attorneys' fees of $125.00 , and costs. games ' warmbrodt, 4 2 5 2 4 WEL WEINBERG & REIS CO., L.P.A. 436 S v nth Avenue, Suite 1400 Pitt b rgh, PA 15219 (41 34-7955 FAX 12-338-7130 076 69 C A Pit KMJ This law firm is a debt collector atteiVting to collect this debt for our client and any information obtained will be used for that purpose. t 1011 uuwrno 1 mnnmuw u uorn vuv AVER $0.00 $2,372.00 r CARD 31 SDSN6A01 0001301 MATTHEW CALLEN 517 FRANCIS DR MECHANICSBURG PA 17050-2469 Address, e-mail or telephone change6 Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. Payment Due Date January 30, 2009 Enter Amount Enclosed Below Will Your payment gat 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 Ill?rrllrr?rrllr?rsll?ll?rl CAROL STREAM IL 60197-6103 000001986458961218506000000000000000237200 Discover More Card Account Summary Closing Date: December 31, 2008 page 1 of 1 Account number ending in 33,46 Previous Balance $12,216.25 Payment Due Date January 30, 2009 Payments And Credits 12,216.25 Minimum Payment Due $2,372.00 Purchases + 0.00 Credit Limit $10,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $5,000.00 Finance Charges + 0.00 Cash 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® Anniversary Date: July 13 Cashback Bonus Balance $ 0.00 How Can We Help You? 1 • Visit Discover corn to pay your bbl 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 3. Write us at Discover Card, PO Box 30943, For TDD (assistance for hearing impaired) see reverse side Sak Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Dec 31 Dec 31 INTERNAL CHARGE-OFF $ -12,216.25 1.. r. Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Transaction Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FRNANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 18 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 Lost or stolen cards. Report immediately! Call 1-800-347-2883. BMIbHI 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 us on a separate sheet of paper at Discover Card; PO Box 30421, Sall Lake City, UT 84130-0421, as soon as possible. We must hear from you no later than 60days 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. ro .The dollar amount of the suspected error. N *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 Ln 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 u, 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 mayy not have to y the remaining amount due on the goods or services. You have this protection only when the purchase price was more than M60 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 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 it you use an envelope other than The one provided. Payments received on or after 1 PM Monda 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 unpad, 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 electromc signature, you will be agrearn g to this authorization to allow us and your bank to deduct each payment you authdrrze from your bank account and to initials debit or credit enures to your bank account as applicable to correct an error in the of such processinG payment You must tell us the amount of each payment or u can select an amount such as the Minimum Payment Due or the New Balance on each statement You can cancel a Payyment however we must receive notice at least three business days in advance of the scheduled payment. 'You may notify us by phone at 1.600-347-2fi83 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. 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 repprting 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 15x16, 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 dale you pay your entire New Balance, by making payments or receiving credits. However, we will provide the following "grace rind.' If you paid the New Balance on your previous billing statement ley the Pa ent Due Date shown on that statement and you pay, the New Balance by he Payment Due Date on this statement we will not impose Periodic F nance Charges on new purchases, that is, purchases first 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 roups of purchases, cash advances, and balance transfers and then further sort the transactions within each group Dy their Annual Percentage Rate. example purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups. We refer to th se groups as Uansaciion categories. At the end of each billing period, we compute balances and Periodic Finance Charges for each day of the bng period for each transacti on category . We use the following eCualron to coinppute Periodic Finance Char es for each transaction category Average Daly Balance x number of days in the billing period x Daily Periodic Rate. (See the Iinance charge summar? on your statement for these amounts.l Then we add up the Periodic finance Charges for each Vansaction category to get the total Periodic Finance Charges for your Account The Average Dairy Balance is shown as zero it because or 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 Avera a Daily Balance for each transaction categorryy by adding up all the daily balances in a billing period for a transaction categgorryy and dividingg the total the number of days in the billing cycle. 1Ne compute the daily balance for each transaction category on each day byTirsl adding the 7oilowin t0 he previous day's daily balance: transactions made that day, fees charged that day and Periodic Finance Charges accrued on the previous day's Bai g 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 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 applicable balance transfer transaction category. When the specraT rate expires, we move the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges to the standard purchase transaction categorll. However, if the special rate has been terminated under the Default Rate Plan, we leave the unpaid balance of the balance transfer and the Valance 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. &WO, - WWR# 7678969 Matthew J. Callen '6011002850733346 05 CK''? ?l3at?87 ? -- a3 2a2 c. Sheriff s Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ~at~rit~' of iutnLr~•I,>jt~ ~~ ;~ ~ k r~`~ I^ ~ _._ iii ~.~Li~ST LU.r~v, r_~. F. Edward L Schorpp Solicitor Discover Bank vs. Case Number Matthew J. Callen 2009-7148 SHERIFF'S RETURN OF SERVICE 10/20/2009 04:55 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 1655 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Matthew J. Callen, by making known unto Christine Callen, wife of defendant at 517 Francis Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its cantents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 October 21, 2009 SO ANSWERS, P R THOMAS KLINE, SHERIFF ~~~%.~~ Deputy Sheriff