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HomeMy WebLinkAbout10-0225Aecl\ - OF TFE PPOTHONOTARY 2010 JAS! -6 FM 3: 48 CUMBE ..k:;-vii C; ;LINTY PDWYLVAMA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. STACEY L RUPP Defendant No: l0- 01015 Civil ( rol 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 07958897 C A Pit KMJ .* 9a.oo P6 AT N Cr# 4406359 /8g aJ 95'8 Kv 01.35891 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No STACEY L RUPP 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: STACEY L RUPP 61 MOUNTAIN ST MT HOLLY SPGS, PA 17065 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4219 . 4. Defendant made use of said credit card and has a current balanco due of $10407.32 , as of November 09, 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 29.990W per annum on the unpaid balance from November 09, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" and made a part hereof. J 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 , STACEY L RUPP individually , in the amount of $10407.32 with interest at the rate of 29.9908 per annum from November 09, 2009 plus attorneys' fees of $125.00 , and costs. fames u armaroclt, 42524 WELTMAlf EINBERG & REIS CO., L.P.A. 436 Se e h Avenue, Suite 1400 Pitts r , PA 15219 (412) 4 4-7955 FAX: 4 -338-7130 0795 7 C A Pit KMJ This law firm is a debt collector atte ling to collect this debt for our client and any information obtainemwill be used for that purpose. u"`VV tK $10,407.32 $10,407.32 Enter Amount Enclosed Below CARD ---- I s Payment Due Date $ -7 J DUE IMMEDIATELY 08 SDSN6A01 0004085 STACEY RUPP Will your payment get to us on time? Pay 61 MOUNTAIN ST your bill online and your payment can be made to your account on the some day. Visit MT HOLLY SPGS PA 17065-1415 Discover.com/payments today. PO BOX 6103 11 111111111 1111111111111111 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. 000001986458193597594104073 200000001040732 Discover More Card Account Summary Closing Date: October 8, 2009 page 1 of 1 Account number ending in 4219 Previous Balance $10,407.32 Payment Due Date November 3, 2009 Payments And Credits 0.00 Minimum Payment Due $10,407.32 Purchases + 0.00 Credit Limit $8,000.00 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 _ = $10,407.32 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 CashbackBonuse-Anniversa--------------- ------ --- --------- -------- ------- ------ Date: January 8 How Can We Help You? 1. Visit Discover.com to pay your bJI 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 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 Cardmember Agreement for details. LAVI T Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balance s 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. Sri ¦ i 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 Cn Lost or stolen cards. Report Immediately! Call 1-800-347-2663. vii Billing Rights Summary In Case of Errors or Questions About Your transactid on ur bill Bill: I1f you think Your bill is wrong or If you need more Information about a o yyoo, write to us on a se arate sheet of paper at Discover Card PO Box 30421 Salf Lake Cit . UT 84130-0421 as soon as sible. We mLSt hear from ou no later titan 60 days after We sent yoti the firsf bill on which the error or prxblem appeared. Vou can telephone o us but doin so will not presrve our rights. In your letter, glue us the Tollowing Information: CD • Your r namg and Account numbely e The dollar amount of the suspected error • Describe the error and explaih, if you can, why you believe there is an error. If you need more information, describe the Item you are unsure about You do not have to ppaa an amount in uestion while we are invests ating, but you are still obit ated to is the arts of your bill that are not In question. While we in,YesU ate your queetion, we cannot report you at de nquer?t or take any ac?Ion to cbllr ct the amount you question. S clal Rule for Credit Card Purchaser. !t you have a problem with the quality of Roods or services that you purchased with a credit card, and u have tried in good faith to correct the? roblem with the merchant, yyyyyoooopu may not ave to pa the remal n amount due on the gods or services. ou have this protection? only when the puhase price was more than ;a0 anti the purchase was made in your home state or witnfn 100 miles oT your ma!1!n4 address. ((B we own or o fate the Merchant, or if we mat ed you the advertisement for the goods or services, all purchases are covered regardless rfl the amoilnt or location of purchase) i onl ur ent and th to portion of this statement in the a veloce provided. Do not send cash. 0% sendin ypur check as yo?a?ithotiz us to use In?forl>QaUon on your check to make an eectro c fund transfer from your acco nt at thg Tlnanc al lug on your check or to Tess the payment as a check transac on. If Payment is processed as an electronic fund transfer, the for the amount of the check. When we use information from your check to make an electronic fund transfer funds may be your account as soon as the same day we receive your payment, and you will not receive your check back Imm your financial a of Yyoour a ent maV be delayed If send cash comes ndence or other Items with your DaYment if you send the payment to 13 or Tf se an enveloppeE other tharf the one provided. Papyoients received on or after 1 PM a'[ Bur proce4sin facility Nlondav r on a weekend or bank holida will be posted to ur Account as of the next business da . It u have mispl?ced vaLr envel0p , ent to Discover Bank, PO Box 61Y03 Carol , Stream , 160197-6,103. Please allow 7-10 days f?r de ivvery. If your paymemis return ed ve the n ht to resubmit it as an electronic debit f?ur minimum a ant or a greater amount over the telephone, and ou can set u automatic payments. Call us at 1-800-347-2683. (s stateM artd our bank a?count information. You mush en urri thdt sufficient fdnds are avaifa?le in your bank account and all It emmniv th I1. law Vmi will h- eelreA en ......dd. ae •.... w _a. _• as your bank You ml an is varryy in an amoufft may Credit Re orting. We ma re port Information about yyo0ur account to credit bureaus. Late payments, missed pa moots, or other defdults on Your account ri?a bye? reefvleected?n your credit report We nblmally re rt the status and Davmeertt history of Your Amunt to credit ro )902 In agencies each th Ii ?1 that our eL rt is Inaec rate or incoRi a lease 1?y1'Ile us atthe follow) t7e address: Discover Card, PO Bdx 15316, tNilmington. U11WO '5316. Pease include Pour name, aedress, home tc?ephopne number and Account numr. Grace Period on Purchases (at least 25 days). We begin to Impose Periodic Finance Char es on all transactions from the Transaction Date for the transaction as shown on our billfn statem nt, unless a transaction is post to our Acc4uRt after the close of the billing period in which it occurs, in which case we begin too impose ?ertodic Inance Charges on that transaction from the first da of the billing period in which it is sted to your Account We continu to llmpo?e Periodic Finance Charge3 until the date you afe your entire Newy Balance, by Tnakin oa cots or receiving credits. However, if gouu paid the New Balance on your iprevious billfn statement Dy tlseY2rent Due Date shown on that b!An stmatement and youha pay the New Balanc the Pa ment Due Date on yyoouu current billfn statement we will not i a urchases first mpose Periodic Finance Charrgges on new purchases, tt is, appead?Rg on the current bi0ing statement call this the "grace period." There is no grace perlod-on balance transfers or cash dvances. Minimum Finance Charge We will charge you a minimum FINANCE CHARGE of $.50 for any billing period in which Periodic Finance Charges of less than ;.50 would otherwise be Impose. Annual aFpepe. If your Account has an annual fee it will be billed at the beginnin of each anniversvary vear?rY ur Account is open. The amount of withine3U llayssoff the mailing ortdelivery date ofsth belstdat ment on which the fee Isubillled. Youewill°ecef Oive"this returld even iffy c? use your Account during that period. y your Card Periodic Finance Chor as. We sort your transactions into roups of urchases, cash advances and balance transfers and then further sort the transactions within each roar by their Annual Percenta a Rate. For eUrri le purchases sub'eclto a romotional rate and purchases sub'ect to a standard rate would be sgpardte grouRs. We refer to there g9roups as transaction categories. l?t the en8 of each billfn ppeeriod, we compl balances and Periodic Finance Chaljagrs for eac day of the billing pultiod for each transaction dategory. We use the following ?quation to compute Periodic Finance Charges for each ttansaclon category. (Average Daily Balance) times (days in billing period) times (Dally Periodic Rate). for these amountg s.f Then we add up the Periodic Finance Charges for each count The Avera Dally Balance It shown as zero if, because of the grace gqorryv cat' I of calc0laUn the balance u n which we Impose Periodic Finance prryy by addingg up all the da ly balances in a billfn period for a b?lirS rind. 9Ve tour ute the dally balance for each transaction cateigory Ice: nsacUons with a Transactiorf Date of that dadas shown on you le cInSN of 1T hillinn -1M h _.? n h i. ........... ?., ..A_. ____ _ once Tor the Tlrst as 07 me billing penod, we consider the on the last day of ur urevious tlin9 periood?orY with the exc D11 of Cash Advance TrMisaction Fee and 'Balance Transfer Transaction Fee Finance Cha es which expires, we move the unpaid balance 1 the balane ,hase transaction category _However, if tie special rate has For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. 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# 7958897 Stacey L. Rupp '6011002050654219 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~ ~tl,, pit t iur~ t:r; /rr~G~ ~11.~~-~~~ ~i~;E '~~ Tt-i~ ('~=~L~T-'.^'r~TA~?Y Jody S Smith Chief Deputy Edward L Schorpp Solicitor Discover Bank vs. Stacey L. Rupp 2010 ,l~~d 13 ~~ 10~ 26 f C.~"Ji~V~~~~V~=t ~.(1 Case Number 2010-225 SHERIFF'S RETURN OF SERVICE 01/08/2010 05:46 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on January 8, 2010 at 1746 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Stacey L. Rupp, by making known unto Rodney Rupp, Husband of defendant at 61 Mountain Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $34.30 January 11, 2010 SO ANSWERS, r' f201~NY R ANDERSON, SHERIFF ~' Deepu Sheri ?ern, , f :,..r.. is ~ t:6 i120d'ZO10 V!4 e: 11:13 Psge: 002 ~CY10'n IN THL+ ~`QA~._ C'~1URT O.F~~~l-V~a._1QY~'OTJIQTY, ~~.4z~ ~~ d0~!nL~ i P[airtif£ ~4S~pve..r ~^~ ~>~ v~.,~x~ [o - aa5 ~\C. i CtVi ~ ~,rm 7~efendant S~aceu L . cn -;:, ~ ". ;,;~-- J~ .:. ~: ~. .S_. . ~~. ~ _.. ~~i TO COMPLAINT GO>wYES NOW t}m Defendant m the slx~ve styled oause to easwer the Pluic:tif:'s C'-omPlau~t es foGov~ s ~ ~~ ~s ~~ o~ ~d ~ vas \os~~g ~ou.~rs or P c~n~.ckS. UJ~ `tk~ u..ne.xQec-~-e.~ `~~\\S. We., ar~- ~oc ~~ ~r~edonn ~o~ ~e~~~-~' ~ 0,\1 b~\\s be..cstuS~ rD v~~ ~o uS-t ~ none, b~~\ \ des Y1.,e, wr1~, ce. ~cA-~4SQ- ~c.~ tl ~R~`eS+ C3..nC~ ~ Q~'-S . U~c. ~.z~r-e.~ boon v~o~ -~ ~,~1e t-o a~n a~ reeme,[~t c~r~'h ,~~atn}~~ ov~s~d~ o~ g Cow- ©~ ~.S rc~c~r Respectfully Submi:tcd. of CE~"IF'iCA1~ OF SE1;Vlt:.E [, t!',e wwersignaci, hereoy certify than have sarvla<; the Plauniff or' Y~ attorney with a cony of this p[Paiing hY L'S mail, postage pre•pait, an this tha ~c1ay of V ~ _. '2(~Q i~afandanr. :, --, :~ rz ;,~ _~ _f.. ~ ~,J -i .._'_ .:~ -c_ .'.-1 ~? l.'~ ~~ ,¢ ~14~+ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-225 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From STACEY L. RUPP, 61 MOUNTAIN STREET, MT. HOLLY SPRINGS, PA 17065 (I ) 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: MEMBERS 1sT FCU, 1711 SPRING ROAD, CARLISLE, PA 17013 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 $6,291.05 L.L. $.50 Interest $553.73 Atty's Comm % Due Prothy $2.00 Atty Paid $167.30 Other Costs Plaintiff Paid Date: 9/1/11 David D. Buell, Prothonotary (S('?al) B 42-AL a , Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney fbr: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 IN THE (`? )Ui\,"i' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK_ Naintiff vs. Civil Action No. 10-225 CIVIL TERM -?: STACEY L RUPP t Lot MNAA&%-n S?( SPn,5s, eA 1 ?ous m co C/) - Defendant(s i .r M ' nn MEMBERS IST F( U 111 1 ???ng '?•D?j 00-+'kt-S%Wl `pVk `?O13 rte-- N _ic;: Garnishee(s) o PRAECIPE FOR WRIT OF EXECUTION TO THE PRi')THON(-) Tf;1tY: `-? :.indly issw- a hlrit of Execution in the above matter... 1. direc`ed to the Sheriff of CUMBERLAND County: 2. agaii; ?t S i'ACEY L RUPP , Defendant >. against hi:MBERS I ST FCU, , , Garnishee ?. Judvmem Amount $ $10,407.32 Less: "ayn-c-nts/credits received $ $4.670.00 Interest $ $553.73 Cos!:, $ SUOTOT:iL: $ $6,291.05 Costs (to ',e added by Prothonotary): $ WELTMAN, WiANBERG & REIS CO., L.P.A. up, GJ = By: ti l 3o CAE a ?? William T. Molczan, Es re _ PA I.D. 447437 0C) ?L4 • WELTMAN, WLINBERG & RE IS CO., L.P.A. a. So 4. u 1400 Koppers Building 9 436 Seventh Avenue D • Pittsburgh, PA 15219 (412) 434-7955 s?LQ ? 4!z- 'k 15oz"( eked lavc?sslq P- # dW ao WWR No. 7958897 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISLOVFR BANK Ph,intiff No. 10-225 CIVIL TERM vs. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) STACEY L RUPP Defendant(:,) MEMBERS I ST FC?j Garn,shee(0 FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7958897 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFICE la- THE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 SEP 13 AM 9: 1 f CUMBERLAND COUNTY PENNSYLVANIA. Discover Bank Case Number vs. 2010-225 Stacey L. Rupp SHERIFF'S RETURN OF SERVICE 09/09/2011 09:50 AM - Amanda Cobaugh, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, 1711 Spring Road, North Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to KRISTAL LUCKEY, MEMBER SERVICE REP, personally 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 September 12, 2011 to Stacy Rupp at 61 Mountain Street, Mt. Holly Springs, PA 17065. September 12, 2011 rcj Coum;Suite- Sher-*t, Teieeso`t. Inc. SO ANSWERS, IRAN R ANDERSON, SHI?MFF Amanda Cobaugh,/Doputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY (Anderson LED -01i. j 14 F' P LZ?p? ?atrrtbFy,? S Smith 4N ° Z-12 MAR 22 AIM i0: 44 ;f Deputy - chard W Stewart 0MBERLA D CQU,,,1 y oticitorFF PEPdhFSYLVAtA Discover Bank Case Number vs. 2010-225 Stacey L. Rupp SHERIFF'S RETURN OF SERVICE 09/09/2011 09:50 AM - Amanda Cobaugh, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, 1711 Spring Road, North Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to KRISTAL LUCKEY, MEMBER SERVICE REP, personally 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 September 12, 2011 to Stacy Rupp at 61 Mountain Street, Mt. Holly Springs, PA 17065. 03/21/2012 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: $88.13 SO ANSWERS, March 21, 2012 RON R ANDERSON, SHERIFF a-* ?Sr ff D 2a-:?-26 (b1r,?y6uite Shenff, ieieosofi. Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK VS. STACEY L RUPP PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for DISCOVER BANK in the above case. Date: December 18, 2014 NO. 2010-225 Signature/ID N Stephen Selinger 17475 Print Name Eltman, Eltman & Cooper, PC Firm 140 Broadway, 26th Fl Address New York, NY 10005