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HomeMy WebLinkAbout10-1505 OF TkR N?rJTARY 1010 MAR -4 AM !0--30 CUMR-?: , .; i ;r U1VTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: ?G U vs. 4 l COMPLAINT IN CIVIL ACTION ANNE M MASLAND 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 08096756 C A Pit KMJ S ?9a.v? ?Lfl??y _ Cr? ?I5a51?2? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No ANNE M MASLAND 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 ORCANNOT 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 AGENCItS 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 belbwv ANNE M MASLAND 518 S MIDDLESEX RD CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3908 4. Defendant made use of said credit card and has a current balance due of $12145.49 , as of December 17, 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 25.240% per annum on the unpaid balance from December 17, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 11111 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 , ANNE M MASLAND individually , in the amount of $12145.49 with interest at the rate of 25.240- per annum from December 17, 2009 plus attorneys' fees of $125.00 , and costs. WEL 436 Pit (41. 08 This law firm is a debt collector attl our client and any information obtaine G & REIS CO., L.P.A. rrgh, t, 42524 ue, Suite 1400 15219 0 KMJ ting to collec t this debt for will be used for that purpose. ?,, $?2,?45.45 $12,145.49 Enter Amount Enclosed Below C', R e -- -- ------- Payment Due Date $ --? DUE IMMEDIATELY 08 SIX NfIA01 0006668 ANNE MAS)LAND 518 S '11DDLESEX RD CARL::SLE: PA 17015-9719 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.corn/payments today. PO BOX 6103 CAROL STREAM IL 60197-6103 kcldrass, e-moil or telephone change? Print change in space cbov3, or go to Discover.com. Print your e-mail address to rocei re impolant Account information and special offers. 000001986458452922285121454900000001214549 Discover More Card Account Summary Closing Date: December 8, 2009 page 1 of 1 Account number ending in 3908 Previous Balance $12 145.49 Rrymant Due Date January 3, 2010 Payments And Credits , 0 00 Minimum Payment Due $12,145.49 Purchases . + 0 00 Credit Limit $10,400.00 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 . = $12,145.49 hiashbaek Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Month: December How Can We Hel You? p 1. Visit Discovencom 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 eas self-service Please have your Discover Card available. , y 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 8,4130 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 outstandin Account balance exceeds your Account credit limit. Seethe , g Overlimit Fee section of the Cardmember Agreement for details. Finance Charge Summary Average Daily Daily Periodic Nominal Transaction ANNUAL ANNUAL Periodic Fee PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES C RGES CHARGES current billing period: 8 days Purchases $0 0.06915% Cash Advances $0 0.08216% 25.24% V 25.24% $0 $0 29.99% V 29.99% $0 $0 Balance Transfers $0 0.06915% 25.24% V 25.24% $0 $0 The rates that apply to your Account are either fixed (F) or they may vory (V) as noted above n#IHX3 Important Information. IT 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. BNIIrg Ill Summary. In Case of Errors or Questions About Your Bill: If xou think our bill is wrong, or if you need more information about a transaction on yyoour bill, write to us on a separate sheet of pappeer at Discov r Card; ppY Box 30421 Sali Lake City. UT 84130.0421 as soon as possible. We mLSt hear from Vou no later than 60 days after We sent you the first bill on which the error or problem appeared. Vou can telephone Us but doing so will not preserve ryour 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 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 p an amount in question while we are Investigating, but you are still obli ated to pay the parts of your bill that are not in question. While we Pnavyv estldate your question, we cannot report you a3 deffnquertt 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 you purchased with a credit card, and F have tied in good faith yo correct thhek blempp with the merchant, agYvou ma? not taVa to pay the remairrsn mount due on the goods or services. vrurnmailinaQ paddress olf we owneor ope rate theemerchant ornIfrwehmailed you the advertisement foratheigoodsroroserrvices, all purchases arelcovered regardless 6f the amount or location of purchase) Payments. Send onl our a ment and th to ortion of this statement n the enveloce p ovided. D? n t send cash. g? sendin our check as de es ribed above, votY tt?or?z? us to use inforrtPiaaon on our check to statement an electr c {und transr from your acco0nt at the ?inancial instity,tlon Indicated on Your check or to rocess the ppayment as a check transaction. If payment Is processed as an electronic fund transfer, the transfer will be for the amount of the cheR1 k. When wb uyse 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 processing of Yyoour payment maY be delayed Vou send cash corres ndence or other Items with Your paYrent, If Vou send the payment to envy other adores or li vyooU use an envelope other the the one pprovided. Papyorents received on or after 1 PM at our roceSSin faclli ngondav throu h Friday or on a weekend or bank-holiday will be posted to Your AccdUnt as of the next business da . If you have misplIced ttyUr envelope, send g?our pa ment to Discover Bank, PO Box 6703 Carol, Stream, IL 60197-6103. Please allow 7-10 days far delivery. If your payment is returned unaaitl, we reserve the ri ht to resubmit It as an electronic debit You can pay your rinifnumaa ent or a 0reater amount over the telephone, and you can set u automatic pa ments. Call us at 1-800-347.2683. You will need this statement a d v?omur bank a?count Information. You mush en ure thSt sufficient fonds are availaGle In your bank account, and all transactions must corn I with U.S. law. You will be asked to provide the first digits of your account statement z1 g, enterin those numbers as fk ur electsnic si nature, u reen to iz allouanubandeduct each? from fut r bacount and iqo inittdebiit entfies to our bank account as apicaeto correct a rro n er n fhththor aoto a rYomust tell us the mouoeach renor yu cn seect an amount sucas thMinimm PaYrent De h atemt You can cancel a pa rent howe?er we me must rive notice at least three buslness da in advance of the scheduled pa ent You ma? tify us bv?hone at 1-800-347y2683 or by mail at the address listed in the Dprevious pare raph. Ivour aYvmm?n ts vary In amount we will tell 0 a each m n hlV?/ statement when your ayment will be made and how much R will be. Youf automatic peyrbent amoulSt may be less than ?ndicted on the monthly statement based an credits or payments applied during the billing cycle. Credit Repporting. We maYY report information about your account to c redit bureaus. Late pavrents, missed pa rents, or other defaults on your account rriay be reflect yo ed In our credit in reort We normally re letpeort the status and Loa a rtistory of r AceDunt to credit reporting agencies each month. If U believe that prt r apccurate or inco m , please write us aQtae follow!n address: Discover Card, PO Box 153QI6,gNlilmington. DE 19850-5316. Please inclu u de re o our s name, address, he thlephone number and Account numt r. as on the current billing toyour n Trom no grace the Transaction Date for the ?g period in which it occurs, Which it is posted to our %ments or receiving creedits. Statement and you pay the Minimum Finance Char e. We will charge you a minimum FINANCE CHARGE of $.50 for any billing period In which Periodic Finance Charges of s than $.50 would oth?r les wise be impose. Annual Fee. If Vyoour Account has an annual fee, it will be billed at. the besginninaa of each anniversary year our Account Is open. The amount of the fee a Rears bn the statement when the fee is billed. The annual fee 1 not refundable unless you otrf , us that you wish to close your Account within 30paays of the mailing or delivery date of the statement on which the fee is billed. You will receive this refund even if you use your Card during that period. Periodic Finance Charges. We sort our transactions Into Rate. of aurchases, cash advances and balance transfers and then further sort the transactions within ear rouep by the r Annual Percentage Kate. For a am le purchases subject to a promotionai rate and purchases subject to a standard rate would be so arate grouas. We refer to these groups as transaction cafe pries. the end of each billing eriod, we compute balances and Periodic Finance Charges for each day of the billing period for each transaction Category. We use the following eoghation to compute Periodic Finance Charges for each Transaction category (Average Daily Balance) times (days in billing period) times (Daily Periodic Rate). (You may refer to the finance charge summa? on rur billin? statement for these amounts.) Then we add the Periodic Finance Charges for each transaction category to get the total Periodic Finance Chaves for your Account The Average Dally Balance is shown as zero if, because of the grace eriod, no Periodic Finance Charoes aoDiv to the balance i a transactinn rntnnnn, arc uoc uic nveia a uaily earance lrnciuaing new transactions) method of calc0latlna the balance upon which we Impose Periodic Finance rr es. We cornpput the Average Daily BalanC?e for each transaction category by addirf9 up all the dally balances in a billing period for a each ction d cb, and dividing the total bs the number of days in the bDlirig Period. vVe com ute the dal balance for eadh transaction cate ory each a b Tirs adding the Tollowin to the Drevious day's ails balance: transactions with e? TransactiV Date of that day as shown on youig inn $tat?meynt, unless ttfe transaction ts posted to Your Account after the close of the billing perod in which it occurs, in which case the unction will be added to the daily balance as of the first day, of the billing period in which it Is posted to ur Account, fees charged that day I Periodic Finance Chargges accrued on the previous day's daisy balance; and b? then subtracting any creditseand?ppavrents that are apppplied inst the balance of thelransaction catedgo on that day. In calculating the dally balance for the first day of the pilllnaapperiod, we co?lSider the ,vious days daily balance" to have bee ur balance or each transa t!on categ9orryy on the last day of Your previous 6111ino period. III fees cl5ar eel To your Account are add d to the standard purchase Vansactiorf cote orryv with the excel lion of Cash Advance Transaction Fee ante Charge which are added to the a licable cash advance transaction categoiV al?dBalance Transfer Transaction Fee Finance Char es which added to The applicable balance transtahtransaction categgo When the specidl rate expires, we move the unpaid balance of the balange tsfer and the Balance Transfer Transaction Fee Finance CISar?es to the standard purchase transaction cate o%rv? However, If the special rate has :n terminated under the Default Rate section, we leave the unpaid balance of the balance transfer and the?afance Transfer Transaction Fee ante Charoes in the;aoDlicable balance transfer transaction cateoorv until the special rate would have exnired 0 N Z m D 0 0 °o m i" N X J 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# 8096756 Anne M. Masland '6011002332973908 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~Vti~r 4~ ~tttttl),r~~? u ~1=~ r_F .,~ ,, ...~Fa~~ ~.,, ,..., w . ,.. :,, ,, .. Jody S Smith Chief Deputy Edward L Schorpp Solicitor ii 1 U l 1n11 ~ ~U;~ _ ~ . ' i``W~1~Y C ~ ,_ ~ ;2, Discover Bank vs. Case Number Anne M. Masland 2010-1505 SHERIFF'S RETURN OF SERVICE 03/13/2010 10:22 AM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2010 at 1015 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Anne M. Masland, by making known unto Dave Masland, Husband of defendant at 518 S. Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. RO T BITN PU SHERIFF COST: $33.40 March 15, 2010 SO ANSWERS, ~~._ RON R ANDERSON, SHERIFF jrj GountySuite Sheriff. Tela~GoR, In;:.