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Home My WebLink About10-1203FILED- '10 10 FEB 22 i-!'1 12• . 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 10 - /,'b3 0-lVil lean vs. GEORGE E BOWERS 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 08017591 C A Pit KMJ O *9a. oo P Q A T7`4 cjKj- 4g 4 oa3 tzT+ . ?8(?.s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No GEORGE E BOWERS 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: GEORGE E BOWERS 203 CHARLES ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0545 . 4. Defendant made use of said credit card and has a current balance due of $13231.65 , 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 , GEORGE E BOWERS individually , in the amount of $13231.65 with interest at the rate of 29.990% per annum from December 09, 2009 plus attorneys' fees of $125.00 , and costs. James WELTM 436 S Pitt (412 FAX- 080 7, WEINBERG & REIS CO., L.P.A. v nth Avenue, Suite 1400 u gh, PA 15219 4-7955 2-338-7130 91 C A Pit KMJ This law firm is a debt collector atteVting to collect this debt for our client and any information obtained will be used for that purpose. ? i X $13,231.65 $13,231.65 Enter Amount Enclosed Below CARD Payment Due Date;.) December 10, 2009 Please make check payable to Discover Card. Minimum payment due includes a past due amount of $2,563.00. 15 SDSN8A01 0004438 GEORGE BOWERS 203 CH Will your payment get to us on time? Pay your bill online and our a ment can be ARLES ST CARLISLE PA 17013-4504 y p y made to your account on the same day. Visit Discover.com/payments today. PO BOX 6103 1111# 1111 IN III 111 11 1111 1111 CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Print change in space ?i?111111i1i11111111111i11111ii111?11?111i1?111?1ii11111i11111 above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. 0000019864581560019231323],6500000001323165 Discover More Card Account Summary Closing Date: November 15, 2009 page 1 of 1 Account number ending in 0545 Payment Due Date Minimum Payment Due Credit Limit Credit Available Cash Credit Limit Cash Credit Available December 10, 2009 $13,231.65 $11,100.00 $0.00 $0.00 $0.00 Previous Balance $13,231.65 Payments And Credits 0.00 Purchases + 0.00 Cash Advances + 0.00 Balance Transfers + 0.00 Fin_anca Charges + 0.00 New Balance $13,231.65 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonns®-Anniversary Date: November 15 How Can We Hel YOU? 1. Visit Discover.com to pay your bill 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 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. j 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 Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Transaction Periodic Fee Daily Periodic Balances Rates PERCENTAGE PERCENTAGE RATES RATES FINANCE FINANCE CHARGES CHARGES current billing period: 15 days Purchases $0 0.08216% 29.99% V 29.99% Cash Advances $0 0.08216% 29.99% V 29.99% $0 $0 $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Important Information. If there is more than one page to this billing statement see the back of each page for additional important information. See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account Lost or stolen cards. Report immediately! Call 1-800-347-2683. Blllin Rlghts Summary. In Case of Errors or Questions About Your Bill: It you think our bill is wronUa, or if you need more information about a trans ?etioh on your bill, write to us on a separate sheet of gaper at Discover Card; PO Box 30421 SaIT Lake CityY. UT 84130-0421, as soon as ppossible. We mUst.hear from you no later roan 60 days after we sent you the first bill on which the error or prDbiem appeared. You can telephone Us but doing so will not preserve Vour rights. In your letter, give us the following information: • our name and Account number. • The dollar amount of the suspected error • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure about. You do not have to pav any amount in qquestion while we are investigating but you are still obliUated to DaY the parts of your bill that are not in question. While we Investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Special Rule for Credit Card Purchases: If you have a problem with the quality of goods or services that 11rorou purchased with a credit card, You and m have tried in ood faith to correct the problem with the merchant, ou may not nave to pay the remaining amount due on the rods or services. have this prot$ction only when the purchase price was more than 50 and the purchase was made in your home state or withiT? 100 miles of our mailing address. (If we own or operate the merchant, or if we ma! ed you the advertisement for the goods or services, all purchases are covered regardless A the amount or location of purchase) PaYrents. Send on! our qqa rent and the top oor"on of this statement in the ennveto rovided. Do not send cash. Bgy? sendin your chheck as described above, YouthofIz? us to use information on your check to make an electronecpfund transfer from your account at th?L Tmanclal institution indicated on your check or to process the ppayfnent as a check transaction. If payment is processed as an electronic fund Vansier, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer, Tunds maVV. 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 Tinancial institution. The processing of Your Da ment may be delayVed if ou send cash, correspondence or other items with )[our pa ment if ou send the Davment to an othr address or Yl you use an envelop De other tharf the one pprovided. Payments received on or after 1 PM at bur procesin I facility Monday though Friday or on a weekend or bank holida will be posted to our Account as of the next business day. If you hove misplaced your envelope, send Vour pa`?ment to Discover Bank, PO Box 6T03 Carol, Stream, IL 60197-6103. Please allow 7-10 days fdr delivery. 1f your payment is Tetumed unRaid, we reseNe the right to resubmit it as an electronic debit You can pay your minTnum payment or a greater amount over the telephone, and You can set up automatic payments. Call us at 1-800-347-2683. You will need this statement acid your bank account information. You must ensure that sufficient funds are avaita0le in your bank account, and all transactions must comply with U.S. law. You will be asked to provide the first 5 digits of your account statement zip code. BV enterin those numbers as our electronic siggnature, you will be a reeina to this authorization to allow us and yvour bank to deduct each payment u authorize from your bank account, and to initiate debit or cre?it entries to your bank account as applicable, to correct an error in the processg of such pa ment You must tell us the amount of each ppayVment or you can select an amount such as the Minimum Pavicent Due or the New Balance on each statement You can cancel a payment hm eGer 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 or by mail at the address listed in the previous paragraph. IT your payments vary in amount, we will tell yvoou on each monthly statement when your payrhent will be made and how much it will be. You? automatic payment amoufit may be less than (ndicated on the monthly statement based on credits or payments applied during the billing cycle. Credit Repporting. We may report information about our account to credit bureaus. Late payments, missed payments, or other defaults on Wur account trio be reflected in your credit report We Armally report the status and a merit is!story of our Account to credit re ortin a encies each month. If you believe that our report is inaccurate or incomplete, please write us a?t?ie following add4ess: Discover Card, PO Bx 153?6,gyVilmington. DE 19850-5316. Please include your name, address, home telephone number and Account nurn 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 bi!lina Derlod in which it occurs, in which case we begin 1Y1 impose Periodic Finance Char ges 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 Charge3 until the date ru paYy our entire New Balance, by Making payments or receiving credits. wever, you paid the New Balance on your previous Ho billing statement by tllevment Due Date shown on that bilTi Sgg statement and you pay,Y the New 8,' n1' e by the Pavrent Due Date on lurrent billin statementt we will not impose Periodic Finance Charges bn new purchases, that s T, purchases first appearing on the current billingour c statement. W? call this tfte "grace period.° There is no grace period-on balance transfers or cash' advances. Minimum Finance Char e. We will charge you a minimum FINANCE CHARGE of $.50 for any billing period in which Periodic Finance Charges of less than $.50 would othervwise be imposes. Annual Fee. IT your Account has an annual fee it will be billed at the beginning of each anniversary Yvear our Account is open. The amount of the fee arpears On the statement when the fee is billed. The annual fee ii not refundable unless you hObVus that You wish to close your Account within 3U days of the mailing or delivery date of the statement on which the fee is billed. You win receive this refund even if you use your Card during that period. Periodic Finance Charges. We sort your transactions into groups of purchases, cash advances and balance transfers and then further sort the transactions within each Groupp by their Annual Percentage Rate. For Arrigle, purchases subject to a romotional rate and purchases sub ect to a standard rate would be s€parate groups. We refer to there roups as transaction categories. At the en& of each billing, period, we compI balances and Periodic Finance Charges for each day of the billing pegriod for each transaction category. We use the following ?iation to compute Periodic Finance Charges for each transaction category. (Average Daily Balance) times (days in billing period) times (Daily Periodic Rate). refer to the finance char a summary on our billin statement for these amounts.; i catecor)to get the total Periodic Finan?e Charge for your Account The Averag Perio is Ina ce Charges app?pDlyY to the balance iq a transaction categg0rv the Average Daily Balance (lhciudin? new transactions) method of M(Zating the Ve compute the ..Average Dally Balan a for each transaction cateoorv by addinn ur as Fin are on Then we add up the Periodic Finance Charges for each Daily Balance is shown as zero if, because of the grace ich we impose Periodic Finance nces in a illin% period for a balance for each transaction category Date of that day as shown on your h it occurs, in which case the we the Fee which has Cn 0 U) Z m D 0 °o A 00 N x 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# 8017591 George E. Bowers '6011002011580545 SHERIFF'S OFFICE OF CUMBERLAND COUNTY , PLED rFICE Ronny R Anderson OF THE PP,-,)' 1 l`'NkOTAPY Sheriff ?®a?~,tr nt?n+nGrr/?rr? ZQfQMAR-$ t H1^G'' 5ti Jody S Smith Chief Deputy Edward L SchorPP CUiV ?»iV 1 [ Solicitor c . Ff -Gq,FF Discover Bank vs. George E. Bowers Case Number 2010-1203 SHERIFF'S RETURN OF SERVICE 02/23/2010 07:57 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 23 2010 at 1957 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: George E. Bowers, by making known unto himself personally, at 203 Charles Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 February 25, 2010 SO ANSWE , RON Y ANDERSON, SHERIFF By, Depu Sheri c) GamtySuite Sheriff. Te'eosoft Inc ;'- IUL WELTMAN, WEINBERG & REIS CO., L.P.A. ?t - 4 (; . 4 BY: Sarah E. Ehasz, Esquire Attorney for Plainti I.D. No.86469 CUMBERLAND COUNTY 436 Seventh Avenue, Suite 1400 PENNSYLVANIA Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 8017591 DISCOVER BANK Plaintiff CUMBERLAND County Court of Common Pleas vs. GEORGE E BOWERS Defendant(s) NO. 10-1203 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to and sub 'bed Before me thday of 2012 NOTARY PUBLIC Sarah E. Ehasz, Esquire Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA Natadal Seal - ! Wendy L. Gault, Notary Public City of Pittgburgh, Allegheny rbunty M COMMISWM n36 Jul 15, 2024 Member. hennwyania Amdarlon of Notaries + !k?.? Pd a c? ?o a y Q* 2-)33YS