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HomeMy WebLinkAbout10-1202 -? r 2,310 FEB 22 1-112.58 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DAVID Y DIVEGLIA Defendant No: 10 _ /ZOO Civi ( l err 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 08017841 C A Pit KMJ O 4qg. DO 1'o ATT%/ Gc.* y514 DaLq R-T a a?& IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DAVID Y DIVEGLIA Defendant Civil Action No 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: DAVID Y DIVEGLIA 18 GIVLER AVE ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6851 . 4. Defendant made use of said credit card and has a current balance due of $9024.70 , as of December 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 29.990% per annum on the unpaid balance from December 09, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" 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 , DAVID Y DIVEGLIA individually , in the amount of $9024.70 with interest at the rate of 29.9900 per annum from December 09, 2009 plus attorneys' fees of $125.00 , and costs. James C. armbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Sev th Avenue, Suite 1400 Pittsb h, PA 15219 (412) 3 -7955 FAX: -338-7130 08017 4 C A Pit KMJ This law firm is a debt collector attempt-'ng to collect this debt for our client and any information obtained will be used for that purpose. ?I f-- $9,024.70 $9,02470 ' Vvy Enter Am cunt Enclosed Bellow C 4, R D Payment Due Date 1 1 1 December 10, 2009 r t Please make check payable to Discover Card. Minimumpa? ment due includes a past due amount of $l 888.00. 15 SC)SWA01 0004655 DAVID DIVEGL IA 18 GIVLE Will your payment get to us on time? Pay your bill online and our a ment can b R AVE ENOLA PA 17025-2200 y p y e made to your account on the same day. Visit Discover.com/payments today. PO BOX 6103 Illr?rlln?urllrl?lnlnll CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Print change in space Irll?rll?rrrrrll?rlrrlr??lrllrr?rrllll?rrrrll?llrrrr?llrrlr?ll above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. 000001986458889581191090247000000000902470 Discover More Card Account Summary Closing Date: November 15, 2009 page 1 of 1 Account number ending in 6851 Previous Balance $9 024.70 , Payment Due Date December 10, 2009 Payments And Credits 0 00 Minimum Payment Due $9,024.70 Purchases . + 0 00 Credit Limit $7,200.00 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 $9,024.70 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback-Bortus® Anntversary - - - - - - - - - - Date: February 15 How Can We Hel You? p 1 • Visit Discover.com to pay your bill for no cost, view your It's your choice - 3 ways to help latest Account information, earn and redeem rewards and more 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. 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 EXHIBIT I 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 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. i,4 X 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 Lost or stolen cards. Report immediately! Call 1-800-347-2683. Blllinp Rights Summary. In Case of Errors or Questions About Your Bill: If Vou think Your bill is wrong, or if You need more information about a transaction on your bill, write to us on a separate sheet of paper at Discover Card, PO Box 30421 Salt Lake City. UT 84130-0421, as soon as ossible. We must hear from you no later than 60 days after we sent you the first bill on which fhe error or problem appeared. You can telephone ?is but doing so will not preserve your rights. In your letter, give us the following information: • Your name and Account numbe . • The dollar amount of the suspected error • Describe the error and explain, if you car, why you believe there is an error. If you need more information, describe the item you are unsure about You do not have to a any amount in question while we are investigatin but you are still obligated to paY the parts of our bill that are not in question. While we Mestigate your quetion, we cannot report you as deiquent or take any ac lion to collect the amouJyou question. Special Rule for Credit Card Purchases: If you have a problem with the quality of Roods or services that you purchased with a credit card, and 8u have tried in ood faith to correct the problem with the merchant, you maY not (Save to pay the remainln amount due on the rqds or services. rou have this protection only when the purchase price was more than $50 any the purchase was made in yogur home state or withiT 100 miles of Your mailing address. (if we own or operate the merchant, or if we mailed you the advertisement for the goods or services, all purchases are covered tegardless df the amount or location 8f purchase) Pavmenu. Send onl our payment and the top portion of this statement in the envelope provided. Do not send cash. sendin Vour check as described above, yo, thorize us to use information on your check to make an electronic fund transfer from your acco nt at IN financlal institution indicated on your check or to process the payment as a check transaction. If ?Dayment is processed as an electronic fund transfer, the transfer will be for the mount 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 rocessin of YYour ?Vend a meet may be delaYed if ou send cash, comes ondence or other items with sour ayment ii You send theppayVment to another addres or f youse an enveoa other than the one pprovided. Payments received on or after 1 PM at our pprocessin facility Nlorrda thogh Friday oon a weor bank olidaV will be posted to our Account as of the next business day. Ii You have misplced our envelope, sedua ment to Oiser Bank, PO Box 6 T03 Carol, Stream, I` 60,197-6 103. Please allow 7-10 days fdr delivery. If your payment-is returned as an electronic debit unRawe reserve the ri99hi to resubmit It You can pay Your min Unum p d a ment or a greater amount over the telephone, and yyou can set up automatic?ayments. Call us at 1-600-347-2683. You will need tl5rs statement an -your ban I account information. You must ensure that sufficient funds are avai able in your bank account, and all transactions must com ly with U.S. law. You will be asked to provide the first 5 digits of your account statement zip code. By entering those numbers as your electrPo is sigpnature, you will be aQreeinn to this authorization to allow us and your bank to deduct each III u authorize from yvoour bank account, and io initiate debit or credit entFies to your bank account, as applicable, to correct an error in the PProcesslttng of such paVment 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 pa ment however we must receive notice at least three business days in advance of the scheduled payment You may notify us by phone at 1-800-347-2683 orb mall at the address listed in the revious para raph. IT your payments vary in amount, we will tell ou on each monthly statement when your payment will be made and how much Pt will be. You? automatic payment amount may be less than ?ndicated 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 ppayments, missed payments, or other defaults on your account tria be reflected in your credit report We normally re Tort the status and vavmertt History of your Account to credit reporting agencies each month. If yoU believe that our report is inaccurate or incomplete, please write us at the following address. Discover Card, PO Box 15316, YYiimington. DE 19850-5316. Please include )Pour name, address, home telephone number and Account numd r. Grace Period on Purchases (at least 25 days). We begin to impose Periodic Finance Charges on all transactions from the Transaction Date for the transaction as shown on our 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 PeriodicFinance Charges on 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 our entire New Balance, by Making payments or receiving c edits. However, if Vou paid the New Balance on your previous billing statement by tne'Payment Due Date shown on that bilririgg statement and you Ray the New Balance by the Payment Due Date on your current billing statement we will not impose Periodic Finance Charges on new purchases, that is, purchases first appearing on the current billing statement. Wcall this the "grace period." There is no grace period on balance transfers or cash advances. 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 othrwise be imposes. Annual Fee. If your Account has an annual fee it will be billed at the be innin of each anniversary Year your Account is open. The amount of the fee a pears on the statement when the fee (s billed. The annual fee i not refundable unless you Kotify us that you wish to close your Account within Maysof the mailing or delivery date of the statement on which the fee is billed. You will receive this refu d even if you use your Card during that period. Periodic Finance Char es. We sort Your transactions into groups of purchases, cash advances and balance transfers and then further sort the transactions within eacR Group by their Annual Percentage Rgate. For example, purchases sub ec3 to a promotional rate and purchases subject to a standard rate would be sffparile 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). to on your billina statement for iVerage Daily Balance (InCluain new mputE the Average Daily Balance for gqoryrV and dividing the total by the nu ?Tirst adding the Tollowing to the pre% it, unless the transaction is posted to be added to the daily balance as of nance Charges accrued on the previoi I Fin r are aaaeo to ine sianaara purcnase i to the applicable cash advance transa( e transfer transaction categgo .When Transaction Fee Finance Crtar es to th, Rate section, we leave the u^paid bal these amounts.) Then we add u the Periodic Finance Charges for each unt. The Average Daily Balance it shown as zero if, because of the grace ateorv f c91,cLtin , the balance upon which we impose Periodic Finance )ry by addirsgg?up all the daily balances in a billing period for a irSg period. We coin ute the dail balance for each transaction category a: transactions with Transaction Date of that day as shown on your close of the billing,period in which it occurs, in which case the na period in which it is posted to our Account, fees charged that day artd byv then subtracting any credits and payments that are applied he daily balance for the first day of the billing period, we consider the on sate orv on the last day of ur previous Oillinqq pperiod. sactio9categorv with the exc?tionof Cash Advance Transaction Fee n category and Balance Transf?r Transaction Fee Finance Charges which sppecial rate expires, we move the unpaid balance of the balance tar5dard purchase transaction categqorryY. However, if the special rate has :e of the balance transfer and thel3arance Transfer Transaction Fee U) a z m D 0 °o En N X I 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# 8017841 David Y. Diveglia '6011002795976851 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~#`~~titr of ~u~r~&rrf~~~D ~:~ ;~ •~ ~-.< ~JF 7 EE pRiO ZOtO MAR -3 AM 9~ 4 Edward L Schorpp SOi1CltOr Discover Bank vs. David Y. Diveglia ~}Ffti:~~}F`~ "n~RiFr Ct1~fe~r~t..~rysp~U~e~i'Y I~ ~ i. Case Number 2010-1202 SHERIFF'S RETURN OF SERVICE 02/23/2010 09:08 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 23, 2010 at 2108 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David Y. Diveglia, by making known unto himself personally, at 18 Givler Avenue, Enola Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 February 25, 2010 SO ANS S, RO ANDERSON, SHERIFF Deputy heriff (r.} Gbu;ifySuite Sn6nff_ Tel2osoft, Inr..