HomeMy WebLinkAbout09-8356IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: F3 S--6 c- "I f
vs.
TINA D WISE
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
07884676 C A Pit KMJ
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No
TINA D WISE Go
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:
TINA D WISE
924 MILL RD
MECHANICSBURG, PA 17050
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX9235 .
4. Defendant made use of said credit card and has a current balance
due of $9446.52 , as of August 10, 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 10, 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 , TINA D WISE individually , in the amount of
$9446.52 with interest at the rate of 29.990% per annum from August
10, 2009 plus attorneys' fees of $125.00 , and costs.
JameV7C ar ro t,42524
WELTEINBERG & REIS CO., L.P.A.
436 h Avenue, Suite 1400
PittPA 15219
(4127955
FAX: 38-7130
0788A Pit KMJ
This law firm is a de bt collector attempji)ig to collect this debt for
our client and any information obtained w1111 be used for that purpose.
New Balance Minimum Payment Due Account Number ending in 9235
DISCOVER $9,446.52 $9,446.52 Enter Amount Enclosed Below
CARD
Payment Due Date $
October 10, 2009 Please make check payable to Discover Card.
Minimum t due includes a past due
amount of 12,008.00.
15 SDSN6A01 0004021
TINA WISE
924 MILL RD
MECHANICSBURG PA 17050-2124
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.
PO Box 6103 Illrarllaraarrll,lalralrr
c
CAROL STREAM IL 60197-6103
Address, e-mail or telephone change? Print change in space Irllulluuulllrlulnrlllluurlllluurllrllunrllulnll
above, or go to Discover.com. Print your e-mail address to
receive important Account information and special offers.
000001986458755208697094465200000000944652
Discover More Card Account Summary
Closing Date: September 15, 2009 page 1 of 1
Account number ending in 9235 Previous Balance $9,446.52
Payment Due Date October 10, 2009 Payments And Credits 0.00
Minimum Poyment Due $9,446.52 Purchases + 0.00
Credit Limit $6,700.00 Cash Advances + 0.00
Credit Available $0.00 Balance Transfers + 0.00
Cash Credit Limit $0.00 Finance Charles 0.00
Cash Credit Available $0.00 New Balance = $9,446.52
CashbaCk Bonus' Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus This Period + 0.00
Coshbock Bonus Balance $ 0.00
Cashback BonusO Anniversary
Date: April 15
How Can We Help You?
It's your choice - 3 ways to help
Please have your Discover Card available.
For TDD (assistance for hearing impaired) we reverse side
1. Visit D'acover cem to pay your 6M for no cod, view ur
latest Account information, earn and redeem re rdsoand more
2. Call 1-800-DISCOVER (347.2683) for fast, easy self service
options or to speak with a Customer Service Account Manager
3. Write us at Discover Card, PO Box 30943,
Salt Lake City, UT S4130
Transactions $0 Fraud Liability Guammme Use your Discover Card with confidence.
Information For You
Your Account is overlimit. While we are permitted under the Cardmember Agreement to charge you an Overlimit Fee, we
have chosen not to do so at this time. We reserve the right to do so if, as of the close of a billing period, your outstanding
Account balance exceeds your Account credit limit. See the Caedimit Fee section of the Cardmember Agreement for details.
l
Finance Charge Summary
Nominal Transaction
Average Daily ANNUAL ANNUAL Periodic Fee
Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE
Balances Rates _ RATES RATES CHARGES CHARGES
current billing period: 15 days
Purchases $0 0.08216% 29.99% F 29.99% $0 $0
Past Purchases $0 0.08216% 29.99% F 29.99% $0 $0
Cash Advances $0 0.08216% 29.99% F 29.99% $0 $0
The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above.
Irrrporbehl Iatorrrasloa. If there is more than one page to this billing statement see the back of each page for additional important information.
see year Cardrsar 6m AfaemwK. Your Cardmember Agreement contains all the terms of your Account o
Lost or static =*. Report immediately! Call 1300-947-2689. z
m
RIrRs asnerory. In Case of Errors or DuesUons About Your 8,11: If you tnlnk your bill f6 wrens, or IT you noW mare Information aba t a p
trans ctI on your bill, write to us on a secarate sheet of goer at Discover C,; PD Box 30421 Sal Lake Gttvy. UT 84130-0421 as soon as
pose. We must hear from Wu no later an 60 days aver ire sent vat the first bill on which fhe error or problem appeared. Vou can telephone 8
Us but doin so will not preserve your rights. In your letter, give us tht lowing Information: p
our n mg and Aaourtt number. P
• he dp4llar amount of the su??cted error
• tribe the error and explalh, if you can, why you believe there is an error. If you need more Information, describe the Item you are unsure N
about
You do not have to oav an amount In cuestion white we are Intros aig , but you are still obi led to oav the la sts of your bill that are not in x
question. tMhlle we Investigate your question, we cannot report you a3 e?nquertt a take any acTlon to collect thamount you question.
soodal RMo /r Cad Prodraset: If have a wtth the quality of oopds or servlas Nat you renased with a credit card, and
vbu have tried If IT faith to correct the pry0oquam with a merchant ypu may not an to paV the remalnln mount due on the oppps or, services.
VYoouu n this the t1O al only when tohpeefpaurCnase to was more than s50 and the purchase w2s m ade i t home state or with 100 miles of
et garrme linOf e amount a own or 61 part a erchant or if we malted you the advertisement for Ne or services, all purchases are covered
awautnoflze ur oavment and a too o0 n on of N s" to I t the p ovided. D n?trosend cashc% sendlna your g as
above, s to use nlormmlaUUO on r isehec to ma he a and trans er m your nt at tnE aick n?in an your cheClt or W Me Bent as a check lransacUon. K ens is processed as an elect{iOrtic fund transfer, the
h k en se information from Wur crack to make an elecUonic fund Vans er funds may De
trans er rA be Of the mount oft the c
wlthJrwri from your accaint as soon as same da?th receive your payment and you will not receive your check back firom your financial
the
iIT tuts you ope ayad 4s fo yo( bu ?a_s day paoVm vtpvy paVmpYOe
73 P
W T i I
SIreW m. IL 97-6 03 Ie?aaeeoll?ow i7- 0 days fdr tl? eryell ly nir paYm? IIM1t ii mold to
Vifb?i ? r?n or arnsr?ver a n ? h8o `
on
may
Mhlhalarr Cie We will charoe you a minimum FINANCE CHARGE of $-50 for any billing period in which Periodic Finance Charges of
less than f.50 would othtrMse be ImposeC
Aar Fee. If your Account has an annual fee It will De Cited at the beolnnlna of each annex year r Account I open. The amount of
r the rrW tee n the statement when the fee (s billed. The annual fee IS not retundade unless wrUY hotii?us Nat you wish to dose your Account
within 3appears 0 Lays of the mailing or delivery date of the statement on which the fee is billed. You wih receive this refuAd even if you use your Card
during that period.
Pa FSb yp?????geaw sbratr CWe sortyour Vansa?IOnstainnto rou of rchola?s?es, cash advances and balance transfers and then further sort the
sta da o^te Id be e gNeolrsAWe reefer Wethefe a?roups as l ns5ctlo^urc aasoees su tithe ere o1m ac?billfntpe rchases subject u la^ces pate
orles
compu and Periodic Finance Charpoaes for each day of the billing period for each transaction Category. We use the following equation to computePeriodic
Finance Charges for each itansaction catdgory
(Average Daily Balance) times (days in billing period) times (Dally Periodic Rate).
(You man to the finance charge summary on ur Will statement for these amounts.) Then we add u the Periodic Finance Charges for each
transacUn c . Woet Ne total Pedodic Finance Charon. for your Account The Average Daily Balance i? shown as zero if, because of the grace
period, no Pon MIN, atfce Charoes a vy to the balance i a Tartsacoon catnoory
% We use the Average Dail Balance (??ICludin new transactions) method of c81c01atin the balance upon which we impose Periodic Finance
Charoes We nom R the Daily Balance for each Vansactlon pt? by adds up all the dally balances in a billing period for a
transaction to anddivldi the total by the number of da?s in the D I ?Dedod. ?e comouto the dail? balance for eaen transaction category
on each davcaDV i adddd%Rthe ollowin W the previous days ally balance: nsactions with a TransacU0 Dale of that day as shown on your
dllina statfmlht uN s transaction I posted to your Adeount after the dose of the dlltna period in which it occurs, in Which case the
tranndCodic vP W W the da% balance as of to first day of the billin oerlod in whicls it Is posted to your Account fees charoed that day
s daft?II lance; aRd kl sudracti ne 9 aredlS and ppaayymments that art aoolwd
a. Period?nan Chaarrgoeess accrueO on Ne prevlouseda ba
n lculatfnq the dance for th 11rst of th d11tn cldwe corldlder the
nsaccdao.e?orY with Ne exceoU4 of h Advance Transaction Fee
Financx Charae3 wnicJi are addW W Ne aoolicable cash adva^ce Uansaction cateoory ahtl 9atance Transfer Transaction Fee Finance Chaes which
?.?^ are added W he aodicade balance transfb_f transacGOn cateoory. When the sppeecc131 rate expires, wa move Ne unpaid balance of Ne Dolan e
Vans er and the rice rensler Transacbon Fee Finance Crtaropeas W the staAdard rchase transaction catttee?oo?oooa??iyyy? Harrewr, If the special rate has
"` F?IneaneertnC?a games in the a??cablet D Ila^ce Vanitm transactionurfcat?orylunlil the spnec?lal ra^ a v?+onu drhave exp'? rice Transfer Transaction Fee
For TDD (Teleeaaariuikatlom Device for the Be" assistance, please caR 1400347-7449.
I
Credit R m Information about your account to credit bureaus. Late payments, missed oavmants, or other defaults on r
bier each
arxount n?sWry of your AtcDUnt to credit reoortAM
rrubrrn ra?ooourr credit report We nWmallY the stat4is and pavmerft
m?nto I{'voi be -. av Degewr }pu/ rorrort is Inabcurate or Incont? ease ante us at the fdlowiraddress: Discover Card, PO epee 1 mington.
De 19850-5716. Please me ode Srour name, address, home e e number and Account CPU
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 James Ball
(Name)
Team Lead 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.
WWR# 7884676
Tina D. Wise
'6011002653089235
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-8356 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF DAUPHIN COUNTY:
To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s)
From Tina D. Wise - 924 Mill Road, Mechanicsburg, PA 17050
(1) You are directed to levy upon the property of the defendant (s)and to sell any and/or all personal
property belonging to the defendant(s) in possession of the garnishee(s) .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
PSECU - 1 Credit Union PI, Harrisburg, PA 17110
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $7,792.87
Interest $1,112.64
Atty's Comm %
Atty Paid $161.00
Plaintiff Paid
Date: April 9, 2012
(Seal)
L.L. $.50
Due Prothy $2.25
Other Costs
at4e-L- IZZL-
David D. Buell, Prothonotary
Deputy REQUESTING PARTY:
Name William T. Molczan, Esquire
Address: Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburg, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-434-7955
Supreme Court ID No. 47437
IN T1 4E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
No. 09-08356 CIVIL
VS. PRAECIPE FOR WRIT OF EXECUTION
AND ENTER IT IN THE JUDGMENT INDEX
(BANK ATTACHMENT ONLY)
TINA D WISE
Defendant
PSECU,
Garnishee,
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#07884679
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 09-08356 CIVIL
TINA D WISE _ qa V X1,// c5,6ary, A? /7CTV
Defendant
PSECU, - CleC1l-T ?ln ion P?? d/<<??jt/Ir? ? ?? ??/l o
Garnishee
PRAECIPE TO INDEX WRIT OF EXECUTION
AND ENTER IT IN THE JUDGMENT INDEX
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter...
1. directed to the Sheriff of DAUPHIN County:
2. against TINA D WISE, Defendant
3. against PSECU, Garnishee
4. and enter this writ in the judgment index
(a) against TINA D WISE, defendant, and
(b) against PSECU, as garnishee,
_, r.,.,
Xl
r
as a lis pendens against real property of the defendant in the name of garnishee as follows:
Any and/or all personal prone belonging to the defendants in possession of the garnisheeLZ
5. Judgment Amount
Less payments of
Interest
Costs
SUBTOTAL:
Costs (to be added by Prothonotary):
$ 10522.87 l
'7 7 V;? .87
$ 2730.00
$ 1112.64
$ 129.50
$ 8905.51
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00 a. 6-D
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$ ;. g,-5- dve 0o
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2 73 SVO
?,•? 0•F gK Jas&'ec/
WELTMAN, INBERG &REIS CO., L.P.A.
By: /
William T Molczan, Esquire 61-
WELTMAN, PA I.D. #47437
WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: William T. Molczan, Esquire
I.D. No.47437
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 7884676
Attorney for Plaintiff(s)
DISCOVER BANK
vs.
TINA D WISE,
and
PSECU
Garnishee(s)
CUMBERLAND County
Court of Common Pleas
NO. 09-8356 CIVIL
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
:'fin.
zp --4j
Kindly mark the above matter discontinued and ended as to Garnishee(s), PSECU, , only.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
William T. Molczan, ire
Attorney for Plaintiff
?.? a?Y7a3
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: William T. Molczan, Esquire
I.D. No.47437
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 7884676
Attorney for Plaintiff(s)
DISCOVER BANK
vs.
TINA D WISE
CUMBERLAND County
Court of Common Pleas
NO. 09-8356 CIVIL
PRAECIPE TO FILE SHERIFF'S RETURN
TO THE PROTHONOTARY:
Kindly file the sheriff's return from Dauphin County in the above captioned matter.
WELTMAN, WEINBERG & REIS CO., L.P.A.
1
William T. Mo an, Esquire
Attorney for P aintiff
(etfire of tf e$1?criff
William T. Tully
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255.2889
Jack Lotwick
Sheriff
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
DISCOVER BANK
VS
TINA D WISE
Sheriffs Return
No. 2012 -CV -03211 -NT
And now: APRIL 24, 2012 at 8:07:00 AM served the within WRIT OF EXECUTION &
INTERROGATORIES upon PSECU - GARNISHEE by personally handing to KATHI WEINSTEIN;
JUDGEMENT COLLECTOR true attested copies of the original WRIT OF EXECUTION &
INTERROGATORIES and making known to him/her the contents thereof at 1 CREDIT UNION
PLACE HBG PA 17110
So Answers,
Sheriff of Dauphin County, Pa.
Deputy: W CONWAY
Plaintiff: DISCOVER BANK
Sheriffs Costs: $ PAID BY COUNTY
Out Of County Cost:
NW/f--7/
WELTMAN, WEINBERG & REIS,CO., L.P.A.
BY: William T. Molczan,47437
I.D. No. 47437
436 7th Ave Ste 1400
Pittsburgh PA 15219-1827
(412) 434-7955
FAX: 412-338-7130
File # 07884676 C A Pit SJS
Attorney for Plaintiff(s)
DISCOVER BANK
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
vs.
TINA D WISE
CASE NO. 0`9-8356 CIVIL
PRAECIPE TO SATISFY
TO THE PROTHONTARY:
d
CO
Kindly mark the case and judgment entered against Defendant TINA
D WISE as satisfied.
WELTMAN, WEINBERG & REIS CO., L.P.A.
Y
William T. Molczan
Attorney for Plaint
pew.} 8q•S"t'a
C.ACtIlSqtog3'1
R.66 20-ioiS