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HomeMy WebLinkAbout09-7789 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: Oq - q'v Civt( TCm VS. COMPLAINT IN CIVIL ACTION DAWN M SHEFFIELD 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 07718115 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No DAWN M SHEFFIELD 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: DAWN M SHEFFIELD 303 S QUEEN ST SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9772 . 4. Defendant made use of said credit card and has a current balance due of $3982.09 , as of August 11, 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 August 11, 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 , DAWN M SHEFFIELD individually , in the amount of $3982.09 with interest at the rate of 28.990% per annum from August 11, 2009 plus attorneys' fees of $125.00 , and costs. James C. armbrodt,42524 WELTMAN, W INBERG & REIS CO., L.P.A. 436 Sev nt Avenue, Suite 1400 Pittsb g , PA 15219 (412) 34 7955 FAX: 2 38-7130 07718 1 C A Pit KMJ This law firm is a debt collector attempt?-flg to collect this debt for our client and any information obtained will be used for that purpose. tJ1Y.' ; v FK $3,982.09 CARE) 22 SDE;N6A01 0004059 DAWN SHEFFIELD 303 S QUEEN S? SHIPPENSBURG/PA)17257-2015 i $3,982.09 Enter Amount Enclosed Below Payment Due Date $ August 17, 2009 Please make check payable to Discover Card. Minimum payment due includes a past due amount of $798.00. 1 `?? Will `1V1 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 J 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 Illnrll?ru?lrlnlrlrllrrl CAROL STREAM IL 60197-6103 ?i??nl?nnul?Ii?niu??i?Innil?I?nni?i??Inu?Ilninll 000001986458405913399039820900000000398209 Discover More Card Account Summary Closing Date: July 22, 2009 page 1 of 1 Account number ending in 9772 Previous Balance $3,982.09 Payment Due Date August 17, 2009 Payments And Credits 0.00 Minimum Payment Due $3,982.09 Purchases + 0.00 Credit Limit $3,300.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Charges + 000 Cash Credit Available $0.00 New Balance = $3,982.09 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus® Anniversary Date: November 22 Cashback Bonus Balance 0.00 How Can We Hel 1 • Visit Discover.com to pay your bill For no cost, view our p YOU? 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, I 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. Seethe Default Rate Plan section of the Cordmember Agreempntfor details. 1i Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily Balance Periodic Rates PERCENTAGE RATES PERCENTAGE RATES FINANCE CHARGES FINANCE CHARGES current billing period: 22 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 Intormation. If there is more than one page to this billing statement, sea the back of each page for additional important information See your Cardmemher Agreement. Your Cardmember Agreement contains all the terms of your Account o rn Lost or stolen cards. Report immediately. Call 1-888-347-2683. Z D 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 o 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. N The of our payment may be delayed if you send cash, correspondence or other items with your aymen if you send the a ment to any processing ther addrss your yose an nveloppee oher t the one provided. Payments received on or after IPMpat our proce sing facility payment 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 pay ur minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1-888-347-2683. You will ri: 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 US law. You will be asked to provide the first 5 digits of your account statement zip code. By entering these 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 paments. 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 eacK statement You can cancel a payment; however, we must receive notice at least three business days In advance of the scheduled paymertt You may notify us by phone at 1-888-347-2683 or by mail at the 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 If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover Business Card, PO Box 15316, Wilmington, DE 19850-5316. Please include your name, address, home telephone number and Account number. Periodic Finance Charges. We begin to impose Periodic Finance Charges on all transactions from the Transaction Date for the transaction as shown on your billing statement, unless a transaction is posted to your Account after the close of the billing period in which it occurs, in which case we begin to impose Periodic Finance Charges an that transaction from the first day of the billing period in which it is posted to your Account. We continue to impose Periodic Finance Charges until the date you pay your entire New Balance, by making payments or receiving credits. However, if ru paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing statement and you pay the New lance by the Payment Due rate on your current billing statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases first apppeearing on the current billing statement We call this the "grace period." There is no grace period on balance transfers, cash advances, or PurchaseChecks. 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 exampie, purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups. We refer to these grou s 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 Daily Balance) times (days in billing period) times (Daily Periodic Rate). You may refer to the finance charge summary on your billing statement for these amounts.) Then we add up the Periodic Finance Charges for each transaction category 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. We use the Average Daily Balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. We compute the Averaga Daily Balance for each transaction category by adding up all the daily balances in a billing period for a transaction category and dtviding tfre total by the number of days in the billing period. We compute the dally balance for each transaction category on each day by first adding the following to the previous days daily balance: transactions with a Transaction Date of that day as shown on your billing statement, unless the transaction is posted to your Account after the close of the billing period in which it occurs, in which case the transaction will be added to the daily balance as of the first day of the billing period in which it is posted to your Account, fees charged that day and Periodic Finance Charges accrued on the previous days 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 daily balance" to have been your balance for each transaction category on the last day of your previous billing period. 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 to the standard card purchase transaction category. However, if the special rate has been terminated under the Default Rate section, we leave the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges in the applicable balance transfer transaction category until the special rate would have expired. For TOO (Telecommrmtcatione Device for the Deaf) assistance, please call 1-800-347-7449. The Discover Business Card is issued by Discover Bank, Member FDIC. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is Aaron Spain (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. Sign e WWR# 7718115 Dawn M. Sheffield '6011002381489772 0 iLED O THE r;' ^pv 2004NOV 10 AN 0:27 - _ A 4'18.!5o Pb AlTq P-T a33a. D. SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor OFFI(E r c ;_ A(.&OFFICE TP,c' P 10NOTARY 2009 NOY 19 PM 12:58 Cum' -+I %; ) I PENNS?21/ANA NTY Discover Bank Case Number vs. 2009-7789 Dawn M. Sheffield SHERIFF'S RETURN OF SERVICE 11/10/2009 05:01 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on November 10, 2009 at 1701 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dawn M. Sheffield, by making known unto herself personally, at 303 S. Queen Street Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $46.00 November 12, 2009 SO ANSWERS, tj-Z?die? R THOMAS KLINE, SHERIFF Deputy Sheriff !c) CounfySwe Sherf. to ecsoft. Irc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - CIVIL DIVISION DISCOVER BANK, Plaintiff VS DAWN M. SHEFFIELD, Defendant n c CIVIL ACTION - LAV~~;7 ~t; ~, F --,. tj~ _1 ~~~ NO: 09-7789 ~ ~~ ac ~ x~ ~ . ~_~ ~j_i _~r'w G,? r~7 .. N '"~ Jury Trial Demanded PRELIMINARY OBJERCTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT PURSUANT TO Pa.R.Civ.P. Rule 1028 NOW COMES, the Defendant by and through counsel Sheffield Law Firm, LLC, and hereby submits the following Preliminary Objections to the Plaintiff's Complaint: 1. Plaintiff's verification is not compliant with the Pennsylvania rules of civil procedure in that it is unclear, given the previous verification on the original Complaint filed by someone other than the Plaintiff, that in fact the Plaintiff is adequately verifying the Amended Complaint. 2. Plaintiff's counsel alleges that the Plaintiff is outside the jurisdiction of the Court and the verification could not be obtained in time to allow filing of the Amended Complaint. 3. It is not imaginable that Discover Bank was unable to provide actual verification to the Amended Complaint in a timely manner. PRELIMINARY OBJECTION NO. 1 7. Pursuant to Pa.R.Civ.P. Rule 1028 (2) the Complaint should be dismissed for being legally insufficient in that the Plaintiff has failed to properly execute a Verification. WHEREEFORE, the Defendant respectfully requests this Honorable Court to sustain Defendant's Preliminary Objections and dismiss the Complaint. Respectfully Submitted, ~~J Sheffield Law m, LC Chris Sheffield, Esq. Attorney for Defendant ID # 82548 230 LWE, Suite B POBox430 Chambersburg, PA 17201 717-262-0025 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served via first class U.S. Mail to: James C. Warmbrodt, Esq. Weltman, Weinberg & Reis Co., L.P.P. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone (412) 434-7955 Fax (412) 338-7130 Date: March 24, 2010 Chris Sheffield, Esq. CAP PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) Preliminary Objections to Amended Complaint ---------------------------------------------------------------------------------------------- - -- -------------------- CAPTION OF CASE Discover Bank v. Dawn M. Sheffield C (entire caption must be stated in full) C= _n Discover Bank ° Co C/) --i t tt" ?J " ` vs. f ar r Dawn M. Sheffield 09 7789 aTenrc No b C') . .. M 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurreTjo ° = complaint, etc.): Defendant's Preliminary Objections to Amended Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: James C. Warmbrodt, Esquire (Name and Address) Weltman, WWeinberg & Reis Co., L.P.A. 1400 Koppers Bldg., 436 7th Ave., Pgh., PA 15219 (b) for defendants: Chris Sheffield, Esquire (Name and Address) Sheffield Law Firm, LLC 230 Lincoln Hghw. East, Suite B, POB 430, Chambersburg, PA 17201 3. 1 will notify all parties in writing within two days that this case has been listed for argument. Via First Class Mail, postage prepaid 4. Argument Court Date: James C./Aarmbrodt, Esquire Print Date: 9/221/2010 INSTRUCTIONS: 1. Original and two copies of all briefs nL/st be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is rellsted. IN THE COURT OF COMMON PLEAS OF Plaintiff Discover Bank CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Defendant Dawn M. Sheffield : No. 2009-7789 CIVIL TERM `c_'° 4 C) • ma) o z -n M M_ -o r r•- cn -<> O n zip o l aa. n ORDER OF COURT )>C-) n :x a. ' _ = IN RE: ARGUMENT COURT r? ° n AND NOW, this 9`h day of December, 2010, the case listed above has been stricken from the 12/15/2010 Argument Court List due to the listing party's failure to file a brief in accordance with Cumberland County Local Rule 1028 (c) (5). By the Court, OF Cult lDavid cD. BueCC c _ e Q 12enee X Simpson Prothonotary 1St Deputy Prothonotary V C3 7�irkS. Sohonage, ESQ Irene E. 7vtorrow Solicitor „so 271' Deputy Prothonotary Office of the Prothonotary Cum6erCand County, Pennsylvania 0 2963 ? CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, SPA 17013 • (717)240-6195 • 'Fa. (717)240-6573