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HomeMy WebLinkAbout09-7791i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK . Plaintiff No: Oq _ '77q/ aivitTexm vs. WILLIAM MAGRUDER COMPLAINT IN CIVIL ACTION 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 07718158 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No WILLIAM MAGRUDER 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: WILLIAM MAGRUDER 2180 CANTERBURY DR MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8214 . 4. Defendant made use of said credit card and has a current balance due of $4570.36 , 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 29.990% 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 , WILLIAM MAGRUDER individually , in the amount of $4570.36 with interest at the rate of 29.990% per annum from August 11, 2009 plus attorneys' fees of $125.00 , and costs. games C Warmbrodt,42524 WELT MAIV, EINBERG & REIS CO., L.P.A. 436 SY8C h Avenue, Suite 1400 Pitts PA 15219 (412) 7955 FAX: 38-7130 077 A Pit KMJ Th is law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. LASC7VER $0.00 $1,022.00 Enter Amount Enclosed Below CARD -------- - Payment Due Date August 26, 2009 31 SDSN6A01 0004103 WILLIAM MAGRUDER Will your payment get to us on time? Pay 2180 CANTERBU R j°„? your bill online and your payment can be made to your account on the same day. Visit MECHANICSBURG PA 17055-5767 Discover.com/payments today. Wl? lz? PO BOX 6103 IIIr??II?????IIr???II?IL?I CAROL STREAM IL 60197-6103 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. 000001986458787099486000000000000000102200 Discover More Card Account Summary Closing Date: July 31, 2009 page 1 of 1 Account number ending in 8214 Previous Balance $4,570.36 Payment Due Date August 26, 2009 Payments And Credits 4,570.36 Minimum Payment Due $1,022.00 Purchases + 0.00 Credit Limit $3,400.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $900.00 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 Balance $ 0.00 Cashback-BonuseAnniversary -- -- -------- ---- ---------- --------- ------- Date: November 4 How Can We Help You? P I • Visit Discover.com to pay your bill for no cost, view our l t t A i f s a es ccount n ormation, earn and redeem reward 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, Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Jul 31 Jul 31 INTERNAL CHARGE-OFF $ -4.570-36 Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Transaction Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 27 days Purchases $0 0.08216% 29.99% V 29.99% $0 $0 Cash Advances $0 0.08216% 29.99% V 29.99% $0 $0 Balance Transfers $0 0.08216% 29.99% V 29.99% $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 Cardmombor Agreement Your Cardmember Agreement contains all the terms of your Account Lod or stolon cards. Report immediately! Call 1-888-347-2683. 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 arry other address or if you use an envelope other than the one provided. Payments received on or after 1 PM at our processin g facility 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 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 =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 payments. 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 payment; however, we must receive notice at least three business days in advance of the scheduled payment 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 billingg period in which it occurs, in which case we begin to impose Periodic Finance Charges on that transaction from the first day of the billing riod 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 you paid the NBalance on your previous billing statement by the Payment Due Date shown on that billing statement and you pay the New Balance 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 grou s of purchases, cash advances, and balance transfers and then further sort the transactions within each group by their Ann al 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 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 Averagge Daily Balance for each transaction category by adding up all the daily balances in a billing period for a transaction category and dividing the total by the number of days in the billing period. We compute the daily 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 days 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 TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7448. 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. Xz?? (Sign t?r WWR# 7718158 William Magruder '6011002683178214 0 4 ? ?'18.5o P 0 A7W e:v- g3p1(Dg3 F!:r# a,33Q&6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ~Q~~;titti, of ~it~i~(r~~'~~i d ~'JR _,.CF.ifF r',r ?'~_''- _ '~'Tt~~~ ~.. ~~ '' "_ . ' ,~"iii ~~ , _r :_ Edward L Schorpp Solicitor Discover Bank I Case Number vs. 2009-7791 William Magruder SHERIFF'S RETURN OF SERVICE 11/23/2009 07:24 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on November 23, 2009 at 1924 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William Magruder, by making known unto himself personally, at 2180 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 November 25, 2009 SO ANSWERS, ~ii~~~ ~..I~~ R THOMAS KLIIyF, SHERIFF r; rbu'.iySudF Sherrff. le~.ecsu't. tr?c.