HomeMy WebLinkAbout10-1593
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2010 MAR 8 PM 2: 28
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,_PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs
BARBARA BOYER
Defendant
No: 1
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
08096836 C A Pit KMJ
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No
BARBARA BOYER
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:
BARBARA BOYER
145 S.PITT ST
CARLISLE, PA 17013
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX8902 .
4. Defendant made use of said credit card and has a current balance
due of $1267.63 , as of January 08, 2010 .
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
22.9900 per annum on the unpaid balance from January 08, 2010 . A copy
of Plaintiff's Statement is attached hereto, marked as Exhibit "111 and
made a part hereof.
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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 , BARBARA BOYER individually , in the amount of
$1267.63 with interest at the rate of 22.990% per annum from January
08, 2010 plus attorneys' fees of $125.00 , and costs.
James warmorouL,4L5L'f
WELT WEINBERG & REIS CO., L.P.A.
436 S nth Avenue, Suite 1400
Pitts gh, PA 15219
(412) 34-7955
FAX: 4 2-338-7130
080 6 36 C A Pit KMJ
This law firm is a debt collector atteKting to collect this debt for
our client and any information obtained will be used for that purpose.
-001
"1W-
DI5(;(, )V E R $0.00 1$206.00
CARD
Payment Due Date
January 30, 2010
31 SDSN6A01 0006748
BARBARA BOYER
145 S PITT ST
CARLISLE PA 17013-3442
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.
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 1I1rr'IIIII II
CAROL STREAM IL 60197-6103
000001986458634071357000000000000000020600
Discover More Card Account Summary
Closing Date: December 31, 2009 page 1 of 1
Account number ending in 8902 Previous Balance $1,267.63
Payment Due Date January 30, 2010 Payments And Credits 1,267.63
Minimum Payment Due $206.00 Purchases + 0.00
Credit Limit $7,600.00 Cash Advances + 0.00
Credit Available $0.00 Balance Transfers + 0.00
Cash Credit Limit $3,800.00 Finance Charges + 0.00
Cash Credit Available $0.00 New Balance = $0.00
' Cashback Bonus® Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus This Period + 0.00
Cashback Bonus Balance $ 0.00
Cashback Bonus® Anniversary
Month: November
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? 1. Visit Discover.com to pay your bill for no cost, view your
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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,
Solt Lake City, UT 84130
Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence.
Trans. Post
Date Date
Payments and Credits Dec 31 Dec 31 INTERNAL CHARGE-OFF $ -1,267.63
EXHIBIT
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: 29 days
Purchases $0 0.06299% 22.99% F 22.99% $0 $0
Cash Advances $0 0.06025% 21.99% F 21.99% $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 co
Cn
Lost or stolen cards. Report immediately! Call 1-800-347-2689. Z
BlNkig Rw is Sir?ary In Case of Errors or Questions About Your Bill: If you think your bill is wrong or if u need more information about a o
transaction on your bi0, write us on a separate sheet of paper at Discover MoresM , PO Box 30421, Salt Lake City, UT 84130-0421, as soon as
possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone g
us but doing so will not preserve your rights. In your fetter, give us the following information: a°
•dour name and Account number. A
•The dollar amount of the suspected error. V
*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 o
Youodo not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in Ln
question. While we investig to 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 you purchased with a credit card, and
you have teed in good faith to correct the problem with the merchanC you may not have to pay the remaining amount due on the goods or
services. You have this protection only when the purchase price was more than $50 and the purchase was made in your home state or within 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 regardless of the amount or location of purchase.)
Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By, sending your check.as
described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution
indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund transfer, the transfer will
be for the amount 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 fiinancial institution.
The processing of your payment may be delayed if you send cash, correspondence or other items with your payyment. if you send the payment to
any other address or if you use an envelope other than the one provided. Payments received on or after 1 PNI Monday through Friday or on a
weekend or bank holiday will be posted to our Account as of the next business day. If you have misplaced your envelope, send your payment to
Discover Bank, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7-10 days for delivery If your payment is returned unpaid, we reserve the
right to resubmit it as an electronic debit
You can pay your minimum 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 and your bank account information. You must ensure that sufficient funds are avalable 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. By entering those
numbers as your electronic signature. You will be agreeing to this authorization to allow us and your bank to deduct each pa pent y n authorize
from your bank account, and to initiate debit or credit entries to your bank account, as applicable to correct an error rn th g of such
payment 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 payment, 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 or by mail at address listed in the previous paraggraph. If your payments may vary in amount ?we will tell
you on each monthly, statement when your payment will be made and how much it will U. Your Automatic payment amount may less than
indicated 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 payments, missed payments, or other defaults on your
account may be reflected in your credit report We normally report the status and payment 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 MoresM Card, PO Box 15316,
Wilmington DE 19850-5316. Please include your name, address, home telephone number and Account number
Perlodk Finance Charges. Except as provided below, we will impose Periodic Finance Charges on purchases, cash advances and balance transfers
beginning with the date he transaction occurs until the date of repayment and on Old Balances until the date of repayment Old balances are
comprised of either purchases and cash advances made on or prior to the last day of your billing period ending during February 1993 or Reserve
Line balances.
You can avoid payment of Periodic Finance Charges on new purchases if you pay the New Balance shown on the billing statement on which the
purchase first appears by the Payment Due Date, and the Payments and Credits on that statement equal or exceed your Previous Balance. We call
this the "grace period". You do not have a grace period on balance transfers or cash advances Periodic Finance Charges are imposed on new
balance transfers and cash advances beginning with the date the transaction occurs.
Periodic Finance Charges are imposed on all transactions and Old Balances until the date of repayment. Repayment means payment of your entire
New Balance. However, if you pay the New Balance shown on this billing statement by the Payment Due Date, and the Payments and Credits shown
on this statement equal or exceed the Previous Balance we will not impose Periodic Finance Charges on new purchases, that is, purchases first
appearing on this statement It your Account was closed as of September 271999, you can avoid payment of Periodic Finance Charges if you pay
the New Balance shown on this Statement by the Payment Due Dale and the payments and Credits on this statement equal or exceed your Previous
Balance. Otherwise, you will receive a billing statement next month that includes Periodic Finance Charges imposed until the date of repayment
We compute Periodic Finance Charges each day for purchases, cash advances balance transfers and Old Balances (which we refer to as transaction
categories) by using the following equation: Average Daily Balance x number of days in the billing period x Daily Periodic Rate. (Refer to the finance
chargge summary on the front of your statement for these amounts.) Then we add all the Periodic Finance Charges for each transaction category to
get the total Periodic Finance Charges for your Account The Average Daily Balance is shown as 0 if no Periodic Finance Charges apply to the
balance in a transaction category.
We use the two-cycle average daily balance (including new transactions) method of calculating the balance upon which we impose Periodic
Finance Charges. This means if you did not pay the New Balance shown on the billing statement you received during the previous billing period by
the Payment-Due Date, we will impose Periodic Finance Charges on new purchases that first appeared on that billing statement, as well as new
purchases that first a pear on this billin statement, unless we alreaddyy imposed Periodic Finance Charges on the purchases on your previous billingg
statement. We com?ute the average ?aily balance for each transaction category by adding up all the daily balances in a billing period for 3
transaction category and dividingg the total by the number of days in the billing cycle. We compute the daily balance for each transaction category
on each day bylirst adding the lollowin to the previous day's daily balance: transactions made that day, fees charged that day and Periodic Finance
Charges accrued on the previous days ?aily balance; and by then subtracting any credits and payments that are applied against the balance of the
transaction cateirry on that day. In calculating the daily balance for the previous billing period, we consider the 'previous day's daily balance" to
have been 0 on the first day of the billing period
Old Balances are excluded from the balance of the purchase and cash advance transaction categgories. Special rate balance transfers and Balance
Transfer Transaction Fee Finance Charges are included in the daily balance transfer transaction category. Balance transfers that were subject to an
initial special rate that has been terminated due to a late payment are also included in the category until the initial special rate otherwise would
have exp"ed. In calculating the daily balance of the balance transfer transaction category on the first day of the billing period, we subtract the
unpaid balance of those Balance Transfer Transaction Fee Finance Charges and balance transfers that become purchase rate balance transfers on
chat day and we add that unpaid balance to the balance of the purchase transaction category
All fees charged to your Account are added to the urchase transaction category with the exception of Cash Advance Transaction Fee Finance
Charges which are added to the cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to the
balance transfer transaction category. I(a transaction made in a previous billing period is itemized on this statement, we consider the transaction
date to be the first day of the current billing period when we calculate your Periodic Finance Charges.
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# 8096836
Barbara Boyer
8902
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL DNISION
DISCOVER BANK
Plaintiff
vs.
BARBARA BOYER
Defendant(s)
No. 10-1593 CNII,
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITH PREJUDICE TO REFILE
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Lyndsay E Rowland, Esquire
PA I.D. #205520
WELTMAN, WEINBERG & REIS CO., L.P.A
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412)434-7955
WWR#8096836 DIS
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 10-1.593 CIVIL
BARBARA BOYER
Defendant(s)
PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE TO REFH,E
TO THE PROTHONOTARY OF COUNTY:
Settle, Discontinue and End With Prejudice to Refile the above-captioned matter upon the records of the
Court and mark the costs paid.
WELTN~AN, ~JEINBERG & I~'EIS~CO., L.P.A.
By:
Lyndsay E R wland,
PA 1.D. #2q5 20
WELTMAI~T, INBE
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(41.2)434-7955
WWR#8096836
Sworn to and subs~bed
Before me e
Day of ~ 7~/d
_.EJ'
OTARY PUBLIC
COMMOiv_~;•,:: ~•~ i'H OF r'ENNSYIVANIA
i'dotari~l Seal
5hei!Z G. Bev~,~, N~n~.ry F'uciiC
City Gt Pittsburgh, HI!e~}r~~~iy i;:,u~ity
My Commission Expires iVOV. 1 ~, '1010
uire
& REIS CO., L.P.A
Member, Pennsylvania Association of Notaries