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HomeMy WebLinkAbout10-1823 ?? F!f EL' - ,R IF, ,_ 1 Y 2 K -." 12 Ptl '13: G2 iT P' .? :i ?a 11 ii4 h IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: (O - I 8o-1j 0"Ity;(Tem VS. COMPLAINT IN CIVIL ACTION SARAH N SNYDER 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 08096958 C A Pit KMJ O Pa. co P4 ATY er* q4cia48q W* a32 :8 (09 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No SARAH N SNYDER 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: SARAH N SNYDER 621 BRISBAIN LN ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9869 4. Defendant made use of said credit card and has a current balance due of $1986.98 , 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 12.990. per annum on the unpaid balance from January 08, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" 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 , SARAH N SNYDER individually , in the amount of $1986.98 with interest at the rate of 12.99001 per annum from January 08, 2010 plus-:attorneys' fees of $125.00 , and costs. f - James C. r ro t,42524 WELTMAN, INBERG & REIS CO., L.P.A. 436 Sev t Avenue, Suite 1400 Pittsbu gh PA 15219 (412) 34- 955 FAX: 2- 38-7130 0809 58 C A Pit KMJ This law,firm is a debt collector attemp. g to collect this debt for our client and any information obtained will be used for that purpose. Dl5C (u?VEf $0.00 $325.00 Enter Amount Enclosed Below CARD l Payment Due Date $ January 30, 2010 31 SDSN6A010006870 SARAH SNYDER 621 BRISBAIN LN ENOLA PA 17025-1557 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. 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 Ill?rrll?rr?111 111111111111 CAROL STREAM IL 60197-6103 000001986458886291174000000000000000032500 Discover More Card Account Summary Closing Date: December 31, 2009 page 1 of 1 Account number ending in 9869 Previous Balance $1,986.98 Payment Due Date January 30, 2010 Payments And Credits 1,986.98 Minimum Payment Due $325.00 Purchases + 0.00 Credit Limit $1,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $500.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance $0,00 Cashback Bonus® Cashback Bonus(l) Anniversary Month: November Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 How Can We Help You? P It's your choice - 3 ways to help Please have your Discover Card available. For TDD (assistance For hearing impaired) see reverse side 1 • Visit Discover.com to pay your bill for no cost, view your latest Account information, earn and redeem rewards and more 2. Call 1-800-DISCOVER (347.2683) for fast, easy self-service options or to speak with a Customer Service Account Manager 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. Trans. Post Date Date Payments and Credits Dec 31 Dec 31 INTERNAL CHARGE-OFF $ -1,986.98 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: 12 days Purchases $0 0.03559% 12.99% F 12.99% $0 $0 Cash Advances $0 0.06299% 22.99% F 22.99% $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 Lost or stolen cards. Report Immediately! Call 1-800-347-2683. Billy Rights Summary. In Case of Errors or Questions About Your Bill: IT you think your bill Is wrongg, or If You need more information about a trans ctio on yyoour bill, write to us on a separate sheet of pappeer at Discover Card PO Box 30421 Sal Lake CI . UT 84130-0421 as soon as possible. We must hear from youe no later than 60 days after We sent you the firs{ bill on which fhe error or problem appeared. Vou can telephone Us but doin so will not pres6rv Your rights. In your letter, give us the following Information: • Your namg and Accounumber. • Desctlobeathe e?rortand ex suspected ia, I, can, wh about p you y you believe there is an error. IT you need more Information, describe the item you are unsure You do not have to p v any amount in Question while we are Investigatiag but `you are still obligated to ogY the parts of your bill that are not in question. While we Investigate your question, we cannot report you a3 delinquent or take any action to collect the amount you question. S acial Rule for Credit Card Purchases; If you have ?aa problem with the quality of goods or services that u urchased with a credit card, and 0u have tried in ggoo?d? faith to correct the prbblem wlth the merchant, yyyy??p?u maSl not a" to ppaayy the remain?n apmount due on the ?oI or services. ou have this protecUOn only when the purchaserice was more than 0 anti the purchases made in yoor home state or within 100 miles of regardless marlin address. r1f we own or operate the erchant, or If we mal ed you the advertisement for the goods or services, all purchases are covered regardless the amodlnt or location of purchase) P cr Send onl r ment and th to rtlon of this statement In the a veto rovided. 0 n ?,t send cash. By sends r check as de above, you°itno z us to use in?forr?ia ion on ur check to make an e?ectroi cpfund trans?er ?rom your acco0nt at tn? Iancial Institution Indicat d on your check or to process Ten ent as a check transact on. If payment Is processed as an electronic fund transfer, the transfer wll; be Tor the amount oT the checK. When se infamatlon from yvoour check to make an electronic fund transfer funds may be withdrawn rom your account as soon as the same day we receive your payrtient and you will not receive your check back from your financial institution. The processingg ofyour pavmerit may be delay if you send cash conesponBence or other Items with Your payment, If you send the payment to an other address or Tf voU use an enveloppee oth6r than the one provided. Payments received on or after 1 AM at Bur pproceS$1 facIII 14iAM th Yo h Frid or on a Weekend or bank holiday will be posted to Parr Account as of the next pusiness day If you h8ve misplgced valir envelk, send, our paff t to Discover Bank PO Box 6703 Carol Stream, IL 60197-6103. Please allow 7-10 days fdr delivery. If your payment is return d IlnBar . r . P.M ihP rinht to r.eufvnR {t u in d..a....a.. A?i.N neiiyttfiosusI ins must o k1i on the monthly statement based do credits or can can set uD automatic a mgnts. Call us at i ?U funds are aval ale m Yyoour bank ao of your account statement zi"A U. Bnenterin? w s and vour bank to dedu each Pnt u x you can select an amount such as the Minimum Payment Due or the New galaoceon m st receive notice at least three business days in advance of the scheduled pa ant You the address listed in the Dprevi s pars rarh If your payments van/ in amount, we will tell be made and how much R will be. You aGtomatic payrhent amouflt may be less than .e -f. -H.A A.M.- the Luu,._ --.- Credit Rem We m re Information about your account to credit bureaus. Late pavmants, missed pa ants, or other defaults on your account m be refee Ir credit report. We nbrmaily report the status and vavmeA I1latory of yyoour Account to credit reoorUn a?enties each month If y beli?ve at o re M rate or incom ate pease vyrite us a the foliowin? address. , Wilmington. Bdx f56 DE 19850- i1183. FF ease Includue ypourrt is In name, address, home tbleptio5te number and Account numtler. Discover Card, PO Once Period on Purchases (at least 25de?s) We begin to impose Periodic Finance Charges on all transactions from the Transaction Date for the transaction as shown on your billin statement, unless a transaction is posted to Your Account after the closof the billin riod in which it occurs, in which case we begin To b1113 ?eriodic Finance Chaves on that transaction Ttom the first day of the blllin9 period In w it Is potted to ur Account We continu to impose Periodic Finance Charge until the date you pa your entire New Balance, by Making?pavvmm??ts or receiving cr Its. However, if youpaid the New Balance on your previous billing statement by tlleayment Due Date shown on thdt bilTirig Statement and You pay the New Balances the Pavmant Due Date on Your current billing statement we will nbt Impose Periodic Finance Charges bn n purchases, that ls, purchases first appearing an the current billing statement We call this the "grace period.^ There is no grace pedod on balance Vansfers or cash advances. Mlydmum Finance Chaairore We will charge you a minimum FINANCE CHARGE of $.50 for any billing period in which Periodic Finance Charges of less than $.50 would othtiwise be Imposes. Annual Fee. If our Account has an annual fee, %will be billed at the betginnin9 of each anniversary ear ur Accountwi is open. The amount of the fee a ppeears n the statement when the tee rs Illed. The annua fee iS not refundable unless vo oUfyYus that you sh to close your Account within 3fipdays of the mailing or delivery date of the statement on which the tee Is billed. You will receive this refurid even If you use your Card during that period. PeHtwle Finance C We sort Your transactions Into roues oT purchases, cash advances and balance transfers and then further sort the transactions within eac)f 9roua by their Annual Percentage Date. For ekamCle urchases subjlect to a promotional rate and purchases sub act to a standard rate would be separate groups We refer to these roues as transaction cat orles. At the aria of each billin ppeeriod, we compu balances and Periodic Finance Chargges for each day of the b1111ng pdiflod Tor each transaction ategory. We use the following ?quatlon to compute Periodic Finance Charges for each transaction category (Average Dally Balance) times (days in billing period) times (Dally Periodic Rate). refer to the finance charge summarv on for F.Fj for these amounts.) Then we add up the Periodic Finance Charges for each 'Counntt The Average Daily Balance 13 shown as zero if, because of the grace I of NORIatinpp the balance upon which we Impose Periodic Finance sgory by add)rig.up all the daily balances in a billing rxriod For a we the Fee which has 0 Z Z D 0 °o N x ?n 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# 8096958 Sarah N. Snyder X9869 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~~t„t1~, of `irmt,£,~~ d r,,r ~, `~~t-r!~ ZOf 0 ~t~~ i 9 ~~~ ~ ~ I Edward L Schorpp Solicitor ~F~ ..f ':F psi : ~:P.1~=~ ,~~~ ~+r~A ~~ .~ 'I'~f l~r :_,~ Discover Bank vs. Sarah N. Snyder Case Number 2010-1823 SHERIFF'S RETURN OF SERVICE 03/16/2010 07:35 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2010 at 1935 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sarah N. Snyder, by making known unto herself personally, at 621 Brisbain Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 March 18, 2010 AMANDA COBA GH, DEP SO ANSWERS, G~%,.,~r RON R ANDERSON, SHERIFF fCi CamtySufte Shentf, T'E:Iersoft, h~G. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-1823 _U? cn -s SAPAH N SNYDER 11 ?45? YYtitnO- i .Q? Sw(Q I ,?i poas U)r ? ? Defendant(s) -<> rv CITIZENS BANK 1? c s N1? 3 ?a? C-) -,-?. i Garnishee() o o CD,-T" --s PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Ki.,dly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against SARAH N SNYDER , Defendant 3. against CITIZENS BANK, , , Garnishee 4. Judgmen': Amount $ $1,976.35 Less: Payments/credits received $ $200.00 Interest $ $111.29 Costs $ SUBTOTAL: $ $1,887.64 Cons (to be added by Prothonotary): $ QW?? ?a?l.sa q I . so r3r- c ;t. co kk jk4' 00 %X ?S?uu -14. So °` WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 zc?tckQ &. •!goL I CtA 16113-115c) Or- a too 191 S WWR No. 8096958 l&?v dl? LAX d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 10-1823 vs. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) SATCNf" N SNNYDER F%eiendant(s) CITIZENS BANK Garnishee(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 8096958 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1823 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From SARAH N. SNYDER, 17 R EAST MANOR AVENUE, ENOLA, PA 17025 (1) 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: CITIZENS BANK, 665 NORTH EAST STREET, 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 $1,887.64 L.L. $.50 Interest $111.29 Atty's Comm % Atty Paid $174.50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: SEPTEMBER 12, 2011 (Seal) REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING, 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 0- David D. Buell, Prothonotary By: Deputy Supreme Court ID No. 90963 W ELTMA`s, WEINBERG & REI ; CO., L.P.A. ,§Y: Jame C Warmbrodt, Esquire I.O. ,Jo.42524 436 Seventh Aver.ae, Suite 1400 Pittsburgh, PA 15219 Pnon: 412.43=.7955 Fax: 412.434.7459 File T 8096°,'58 DISCOVER BANK vs. SARAH N SNYDER and CITIZENS ?kANK Attorney for Plaintiff(s) Cumberland County Court of Common Pleas NO. 10-1823 rn m © = (J) F-- rv r.. Garnishe .•(s , PRAE('p T?,;ON':;INUF,TTAC?fIMENT EXECUTION 'j';j f'.-IE I•):OT?IONOTAb,Y: icad the ab we discc:ntin:,ed and ended as to Garnishee(s), CITIZENS ':.indly,,jai I;:VtiK, only. WELTMAN, WEINBERG & REIS CO.. L.P.A. By Es squire James armbrodt, q Attorne or Plaintiff Sworr, to anc? subscribed Befov :;?e uie ?'7 a j October, .L011 N kRY LIC L' lGfZG4S? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Anderson y S Smith uef Deputy C 4?ttrtit, ut ?atntGrp,r? 2912 MAR 22 AM 10: 414 Richard W Stewart Solicitor C)Fcj,G' h='-rf??I¢F 0MBERLAND COUNT). PENNSYLVANIA Discover Bank vs. Sarah N. Snyder Case Number 2010-1823 SHERIFF'S RETURN OF SERVICE 09/15/2011 01:41 PM - William Cline, 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, Citizens Bank at 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to TABITHA STARTZMAN, TELLER, 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 16, 2011 to Sarah N. Snyer at 17 R East Manor Avenue, Enola, PA 17025. 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 RANDERSON, SHERIFF OD D?"7S ci Gouv+ySuite Shenff, Teleosoft, Inc. i` f" WELTMAN, WEINBERG & REIS CO., L.P.A. `? l??r; BY: Sarah E. Ehasz, Esquire Attorney for Plaints , 7 I.D. No.86469 16 33 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 PENNSYLVANIA Phone: 412.434.7955 Fax: 412.434.7959 File # 8096958 DISCOVER BANK Plaintiff VS. SARAH N SNYDER Defendant(s) CUMBERLAND County Court of Common Pleas NO. 10-1823 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 Sarah E. Ehasz, Esquire Attorney for Plaintiff Sworn to and subscribed Before me the _ZZ- day of 9 2012 /;7 NOTARY PUBLIC COMMQNW.ALT H 6€ PENNSYLVANIA Notarial Sol Sheila (3. Bevan, Notary Public Rasa Twp„ Aliephany County MY Commission E)OMIS Nov. 15, 2014 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES aM4 & 9. SOpd Pi k µ. I Ou SCo3 9 ??a-? 3 ssY