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HomeMy WebLinkAbout09-8357IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BRIANA K TURNER Defendant p? No: COMPLAINT IN CIVIL ACTION 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 07884743 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No 7 5-7 BRIANA K TURNER (J/ b ` 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: BRIANA K TURNER 33 WILLIAM PENN DR APT CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6319 . 4. Defendant made use of said credit card and has a current balance due of $13494.82 , 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 29.99001 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 , BRIANA K TURNER individually , in the amount of $13494.82 with interest at the rate of 29.990% per annum from August 10, 2009 plus attorneys' fees of $125.00 , and costs. fames c. WELTMAN, 436 SeVE Pittsbu (412) FAX: 4 2 07884 4A This law firm is a debt collector attemp our client and any information obtained *IIl EINBERG & REIS CO., L.P.A. h Avenue, Suite 1400 , PA 15219 -7955 338-7130 C A Pit KMJ to collect this debt for be used for that purpose. t c C Now Balance Minimum Payment Due DISC VEI $13,494.82 $13,494.82 CARD 08 SDSN6A010004088 BRIANA TURNER 33 WILLIAM PENN DR APT 1 CAMP HILL PA 17011-6605 Payment Due Date DUE IMMEDIATELY Account Number ending in 6319 Enter Amount Enclosed Below Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the some day. Visit Discover.com/payments today. PO BOX 6103 11111 Ills 111111111111 lilt CAROL STREAM IL 60197-6103 Address, &mail or telephone change? Print change in space lr??nnl?nnnirnlllrlrilrnrlnllirrrrllllirnnrl?nllnnnnn?lnnlnnll above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. 000001986458076374715134948200000001349482 Discover More Card Account Summary Closing Date: September 8, 2009 page 1 of 1 Account number ending in 6319 Previous Balance $13,494.82 Payment Due Date October 3, 2009 Payments And Credits 0.00 Minimum Payment Due $13,494.82 Purchases + 0.00 Credit Limit $11,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 -_ ___ _ -- New Balance = $13,494.82 Ccshback BOnus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Date: December 8 How Can We Help You? 1. Visit Diacowr.cam to pay your bill for no cost, view our latest Account information, earn and redeem rewards and more our choice - 3 ways to help It's 2. Call 1-800-DISCOVER (347-2683) for fast, easy selhservice y options or to speak with a Customer Service Account Manager Please have your Discover Card available. 3. Write us at Discover Card, PO Box 30943, For TDD lassistance for hearing impaired) see reverse side Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee 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 Overlimit Fee section of the Cordmember Agreement for etails. d 1 MOWN Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FNANCE FINANCE Balance Rates RATES RATES CHARGES CHARGES current billing period: 8 days Purchases $0 0.08216% 29.99% V 29.99% $0 $0 Cash Advances $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. hnpOftaR Inform dm. If there is more than one page to this billing statement see the back of each page for additional Important information. See yar Casdlnarl. AgramraM• Your Cardmember Agreement contains all the terms of your Account o Lost K sfalen cards. Report immediately! Call 1400-347.M3. z m Vou need m informaton about a o In Case of ERws or Questions About Your : IT think ur tl I wrong, w If trans on Your WII; write to us 0 on a wean shein daYs aof now a gillsentthru h n? bill n which1th. trot or let Sapp arred..lVaii cane telephone possl e. We m t hear from you no later th V pet Us but ddno so will no[ orosarve your rights. In your letter, give us fhb fdiawing informaton: • our nam5 and Accoum numbef • he ddlx amount d the sus??d error • ribs the error and explain it you can, why you believe there Is an error. ti you need more information, describe the Item you are unsure NN Ya do nd hays to v any amount In cuestlon while we are InvesU na, but you are still oblloated to oav the oasts d va?r DIII that are not in xn question. While we Pnvestigare your question, we cannot report you adennquertt w take any acTfon to collect the amount you question. ipadal prU Card Purelaaee: if have a obl em with the quality of oootls or services that you rchased with a credit rocard, and You have sd n faith to cerrect the pVO9d?em with he merchant may nd ISave to pa the romairRn! mount due on the e a services. YOU have this on ony when tohoeerW? rchase pnu eras mac than 50 anG the purchase was made In your%me state or with too miles of e1 garrdle ling the arrijtWr"WlocaaUwon tit ptuhrcehlaosoen)oieorrtchant w IT we mal ed you theenadvoeorUaSewmove?ndteftlor the ogtobtls or services, all purchases are coasted Pautnon a ent and i forrtatl ion of Nls statement in the elecUOnl `f d Va f nT u?yaurash sendlne your ch?ck as S,nn z us ttl use n 0^ Oil r cheee to make an c un ns er rom r nt at the flnancia in tuUon in on Your cheek w to oroc?s the?ent as a Check lansacton. If payment Is processed as an elactmnic fund transfer, Ne transfer w11 or the amount o1 the chick. When se Information from your check to"m2ke an electronic fund transfer funds ma be with?dtura?wnp? from your account as soon as the same day we mrxfve your payment and you will not receive your check back firorn your vandal insTh 'In j r ent may be del if send cash dente or other Items with your oavment If u nO the oavment to any dher address or R wu use an envdoD4tha^ tnE onE provfdedents received on`or after 1 Pkr at dui slni? M1Ma^d?a ou WWn set uupp automatic payments. Call us at Vu lflcient TUnds are Valla6le in yyo0ur bank a your account statement Lip Cede. By anted on the monthly statement based on tredns or less an 5.50 would wnerwise be Ilmpose6e you a minimum FINANCEe CHARGE of $.50 for any billing period in which Periodic Finance Charges of Astral Fpepeea If youihe s?talemeni when the feefsRblUedb This a?nnualhfx if nMnnd ridable nnliversaWrY ve?r_ yAs hat Youtwish?to clime your Accadnt the 3U Says of the mailing or delivery date of the statement on which the fee Is billed. You wi Orec11eiveYthis refu^d even if you use your Card during that period Pellad Fly ?herr We sortyour transac $ Into group of purchases, cash advances and balance. transfers and then further sort the Va ons withineactS a their by Annual Percentage o r e ekamola rchases sublIecl to a oromobonal rate and purchases subject to a standard rate would oe s?rate groups We refer to these croups as trans ScUonucateooees nt the ens of each blllin peod,compute compute balances ind Poriadic Finance Cha Ter each Coy d the billing period for each transaction Category. We use the following ?qu ation Finance Charges for each nsaction category (Average Daily Balance) times (days in billing period) times (Daffy Periodic Rate). for each (You may refer to the finance chartle summary on your blllln9 statement for these amounts.) Then we add up the Periodic Finance Charges i- tl6n cateaorv to net the total Periodic Finance Charges for your Account The Average Daily Balancer shown as zero If. because of the grace V.-, - . o..w..... ,.........,... -- We use the Average Daily a udfn9 new transactions) method of Ic IaUi the balance upon which we rm e Periodic i-inance Char(gqeEs5We eons it the Ave Da 1v lalance for each transaction cateooy by addi up all the dally balances Ina Iliny period for a rr.. tfan58C110n anQdividin the tiSta W the number of IM I the bllllrta Seriod. cafe computo the daV balance for each transaction at?ry h on each ddaavy rs addmpp the dlowin to the evious days fl balance: iFdnsactions with b TransacU Date d that da as shown on you biltin statlrri t unless t^e transaction9s pos to your Account ?tter the dose d the billing period in which it occurs , In ?rnich case the ; transkUon 1 be to the daft balance as of the first day of the billin period in whictr ft is posted toTS , your Account fees charged that day and Periodic InanaeddCehdaroas =dJ on the w s daily balance; a?d Yn subtracting an credr and rents ri that a consir6 lied rust the balance of thelransuti0 on thpus it d daa In calculating the da balance for the flat day of the 1110 peod, we der the 4 evious days doll Datance° to have b?r balance for each Vansaetion ca on the last day d your previous Slllin9 oerf ra All fees c your Account are to the standard uurchase transactio with the ex of Cash AOVan Ce Transacti on Fee Finance CharwMic are ad to the afable cash adva^x transaction category a d lance Transfer ransadion Fee Finance Charges which !4 are added to Ba?olSdnrcaderab?Sa oncetatrans , UaFnsaction cat?When the 5pec131 rote expires, we move thee?ounpaid ebalance of the balance has troof iermina antler the DetauliTRale Sect?lon, we I^eave the u paid banla^sctae^o aNeWbalance V?ansTerand the Eafa Tnsfer Transacaction Fee Inane Charges in the applicable balance transfer transaction category until the special rate would have expired. For TOO (Teleeeinin Uone Device for the Dean assistance, please a0 1.900-847-7449. Craft 1111piallbig. We m Information aXt your account to credit bureaus. Late payments, missyments, or other defaults on tour amc?cto?uhnt?{ ivy pye-t?eetl?ectnadt n your credit re VYe normally Rdthe stat s and pafrin t history of youredppcaebunt to credit reoorti?n a?mes each pE 19950-S3t6. Please incpude ur name res S, omeedI 'i?ne"num Band "nd?a rn r. ss: Discover Card, M it 15316, Wilmington. 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. (Signature) WWR# 7884743 Briana K. Turner '6011002907236319 FOLKI'-_t _»i n ?,.1r 1 ^7r + V? TAIPY ZQ ? ( U -3 Ai"i { ; : w 1 d-0434377s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 2009-08357 BRIANA K TURNER Ito( Link M e+. IS*. 969 tMtCh • efe an PNC BANK, Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against BRIANA K TURNER, Defendant 3. against PNC BANK, Garnishee 1,7011 J149 Mayke+ 4. Judgment Amount Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): Q So 1L1. ou , a,, So sl???--M Wt $ C-) r. Co rn moo' -- C7 -n ?,c ?? oM --t -i -rG r- ? D -C 15737.62 $ 814.91 $ 16552.53 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T Molczan, Es re PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 . so Lj- w1r+ b( 2X TSSLAP-d Ck . s b 7qo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BRIANA K TURNER Defendant PNC BANK, Garnishee, No. 2009-08357 PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: n c rrq -? o William T Molczan, Esquire A C) PA I.D. #47437 -? w WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07884743 C7 -n s-? rnF Urn zDcr C) ?O s-+n C=)'n s zi or" D WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-8357 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From BRIANA K. TURNER, 1101 Lindham Court, Apt. 309, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK, 2148 Market Street, Camp Hill, PA 17011 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 $15,737.62 L.L. $.50 Interest $814.91 Atty's Comm % Due Prothy $2.00 Atty Paid $188.00 Other Costs Plaintiff Paid Date: 1/18/2011 Davi . Bu , roth notary (Seal) _ By: Deputy REQUESTING PARTY: Name WILLIAM T MOLCZAN, ESQUIRE Address: WELTMAN WEINBERG & REIS CO., L.P.A Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 WELTMAN, WEINBER(? & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire Attorney for Plaintiff(s) I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 , File # 7884743 C: : r--a DISCOVER BANK cj) r- r7I Cumberland County I--? ---i C3 Court of Common Pleas vs. ? fV m BRIANA K TURNER NO. 2009-08357 " and PNC BANK Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), PNC BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to and subscribed Before me the 106 day of February, 2011 NOTARY PUBLIC COMM©NWTH OF PENNSYLVANIA L Notarial Seal Sheila G. Fran, Notary Public Ross Twp., Allegheny County My C"Mlsslon Expires Nov. 15, 2014 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES C,k-?S°ga5c5 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 40111t' p ?rtrrtFrp??td OF THE PROTHONOTARY Richard W Stewart Solicitor 2011 AUG 23 PH 3' 53 CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Briana K. Turner Case Number 2009-8357 SHERIFF'S RETURN OF SERVICE 01/28/2011 09:09 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 28, 2011 at 0906 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Briana K. Turner, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Beth Eppley, Assistant Branch Manager personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 2, 2011 to Briana K. Turner, 1101 Lindham Ct, Apt. 309, Mechanicsburg, PA 17055. 08/22/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $87.05 SO ANSWERS, August 22, 2011 RON R ANDERSON, SHERIFF 7 ?l 4iL ,-G- 3?3?, j f,1 {?Cll!l``,`Jilllf. Sneifl. lele is.ctS. iC.