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HomeMy WebLinkAbout10-2372'•.T r. ??? THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION D?SCOVER BANK Plaintiff No: 10 - o?37a o'-wit-Fem VS. IRLEY A COLEMAN 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 08178635 C A Pit EMR 0 901.60 PA A7W X462831 & a40a37 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION D? SCOVER BANK Plaintiff v_ Civil Action No SHIRLEY A COLEMAN D?fendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the c aims 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 w'th the court your defenses or objections to the claims set forth a ainst 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 c urt without further notice for any money claimed in the complaint or f Dr any other claim or relief requested by the plaintiff. You may lose m ney 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 T 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 low: S IRLEY A COLEMAN 8 SPRING GARDEN EST CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the a count number XXXXXXXXXXXX6855 . 4. Defendant made use of said credit card and has a current balance d e of $2761.57 , as of February 10, 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 29.990% per annum on the unpaid balance from February 10, 2010 . 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 t at Defendant will pay Plaintiff's attorneys' fees. I 8?. Plaintiff avers that such attorneys' fees will amount to $125.00 9. Although repeatedly requested to do so by Plaintiff, Defendant has w'llfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and inst Defendant , SHIRLEY A COLEMAN individually , in the amount of $ 761.57 with interest at the rate of 29.9900 per annum from February 1 , 2010 plus attorneys' fees of $125.00 , and costs. James C. WELTMAN, 436 Seve Pitt sbu (412) 4 FAX: 4 081786 5 Mrodt ,BERG REIS CO., L.P.A. Avenue, Suite 1400 PA 15219 955 8-7130 A Pit EMR s law firm is a debt collector attempt?PO to collect this debt for client and any information obtained w l be used for that purpose. $2,761.57 $2,761.57 I Enter Amount Enclosed Below CARD --- - • Payment Due Date February 10, 2P10 Please make check payable to Discover Card. I due includes a past due MinimuY$'917'00. amount . 15 SDSN6A01 0005836 S M I R L EY COLEMAN Go paperless and make your account 67. SPRING GARDEN EST Information more secure with password- protected statemgnts only you can access. qAR L I S L E PA 17015-7103 Learn more at discover.comlpaperless. PO BOX 6103 IIInrllrrrrrrllrlrlrrlull CAROL STREAM IL 60197-6103 Address, e-mail or telephone change?. Print change in space IrIIrrllrrrrrrIIIrlrrlrr l ll llll ll ll ll l ll ' al#ove, or go to Discover.com. Print your e-mail address to r r rrrrr rrrrr r rrrrr rr rr receive important Account information and special offers. 000001986458752137915027615700000000 276157 Discover More Card Account Summary Closing Date: January 15, 2010 page 1 of 1 Adcounf number ending in 6855 Previous Balance $2,761.57 Payment Due Date February 10, 2010 Payments And Credits 0.00 M?himum Payment Due $2,761.57 Purchases + 0.00 Gedit Limit $2,000.00 Cash Advances + 0.00 Crjedit Available $0.00 Balance Transfers + 0.00 C,*•Credq,umit. $0.00 Finance Charges + 0.00 Ccksh Credit Available $0.00 New Balance $2,761.57 Bonuse :k Bonus Anniversary November Opening Cashbock Bonus Balance New Cashback Bonus This Period Cashback Bonus Balance- $ 0.00 + 0.00 $ 0.00 HoW Can We Help You? I • Visit Discover.com to pay your 601 for no cost, view our p latest Account information, earn and redeem rewards and more ItIs your choice - 3 Ways to help, 2. Call 1-800-DISCOVER (347-26831 for fast, easy self-service Please fidve your Discover Card available. options or to speak with a Customer Service Account Manager Write lt L 3. us at Discover Card, PO Box 30943, For TDD assistance for hearing impaired) see reverse side Sa ( Salt Lake City, UT 8,4130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You Yo? # 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. I Fi1nance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily alances Periodic Rates PERCENTAGE RATES PERCENTAGE RATES FINANCE CHARGES FINANCE B c*iiInt billing period: 15 days Purchases $0 0.08216% 29.99% V 29.99% $0 $0 Calf Advances $0 0.08216% 29.99% V 29.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. mpartarrt Inkm on. If there Is more than one page to this billing statement see the back of each page for additional Important information. la your C Agreement Your Cardmember Agreement contains all the terms of your Account o .oft or stolen Report Immediately! Call 1400-547-2683. co g you m JININt 1?IMt > ri Case or Errors or Questions A t Your 8111: If vouchk v Box 30421.Sali'Lakle IC ty. need Information about a > as ? done opoleu ran on II, write to us an a sxra? sheet Ow at is PD h re asst e. We m st hear from you no Inter roan 0 days a We sent you the Ursf on trhic the error or problem but doln so II not 6 r rights. In your letter, give us the following In orma on: YYoer?pparea an ni of the um error Desttcribe the a and expfaih, fT you can, why you believe there Is an error. It you need more Information, describe the Item you ire unsure fouudo not hive ppaayy a?n? amount In uestian while we are InvesUgaun ,but you are still obllpated to pay the gaits of your WII that are not In luestion. While Investigate your question, we cannot report you a3 deRnquerft or take any acVon to A,J the amount you question. J al Rule W Cam Purdwas: IAMA Droblem with the quality of goods or services theft vvvooou rchased with a Credit card, and r0u h n faith to correct the the merchant ma?r?tot tfavR to p A the a mount due on goods m 01W?es. tou h s al only '?e"? was marethan ?v?apu an a ort ase s 401, ome sctate Ri 100 miles o lour a fin you the advertisement gdbd, or seMes, all hoses are covered we own or erchant w iT we malted 'ego ass the m nt or location M purchase) Send l r r1t and too on of this statement in the Val p orovlV. V send cash. sand r as i r e a t o °skto use In?forrrlaFon r check to rake ane 4x,% und trans er from your acre nt at °nane a ns utdan ?r?di on your or to ch otxsa e lent as a Ghee trans on. I payment is p led as an e. Iec?oni? un 1 nstor, the raga er cal it be the nt e? of the k When se Information tram r check m' lee an e amou l nit Tund uanata funds may be Mthwr?vm ran r account as soon as a same day we receive your ant and you wl not raceIve your check ck from your flnanclal he sin of your ant may be dela t It vpu send cos dance or other Items with Your payment I ;M s?nd the payment to in othae addres? or ii e an envalooppee otahybr than thpe4sone voudedp.C rlantis received onpuor after 1aPVM avtoeuur oroceSSin iaclll IAOrid ,hen??hpu?d? wen to Discarer Bankbook edId 6T0ICa d' stream IL 60197-6 03aPleau allow 7ndays idr delivery. If i youlr pent Is r°netum' inpala, we the right to resubmit Ittaacs an electronic debit' You can r minimum ent or a =r amount over the telephone, and you fan set a automatic oaWnonts. Call us at 1-800-347-2683. rou will n s state neM r bank account iniormallon. ou mu l ensu at sumclent rands are avaea0la in r bank account and all nnsactians must ?y withw?l S law. You wlLbe asked arto de the first 5 (g V1 oT Your account st to n r?t zilq co entering thoss cambers as your ccDbffic I re, you X11 a0rcelnto s aulhorizaUon to aw Os ndrour ban to u eat ant you au prize 'rom your bank nt, aj n Uate reWt or crealt en es to your bank account as aool ca e, to correct an error In th sing of such iaymant ou mu tell us a aunt of 0 payment or can select an amount such as a Minimum pa ant Due w a Now Balance on Bach statement Y can cancel a Van , harreva we moist receive notice at least three busness days in ad4ance of the scheduled payment You nay nol us b one at 1.800-3403 oor by mail at the address lishted In the prey s 0arraaggreph R your is vaN In amount We will tell locie3coh tmhe o thty stmat°netment e Tn-2v6o uba3edrdn bredits orl'pab°jmiandts° appld fed during thnewlleli I'Yu[e utanatic ant amoutft may be less than nt to credit bureaus. Late ants, Issed payments, or other defaults onur Crete R m r Information apt yourome nmcocnotuhnt ec end onuJ6ur weft reoorL Wen roporotlthe staMtnlrs andapavm a siav your Discover to credit reoortin mantles each of 1 ?dneCnumber °and Account nauwml r recs. Discover Card, PO Bdx 153g6,lNflmington. O 0II-1??. IncliMef ur nameai ct%s h Oran Patad rrehaa ( We beg1n to Im Perl I auncepCharoes on all tra saections f th e Tr?A Dade for the trans on a s y?mNin dh annlstl a trans s s onTromr the rtes t the Ilnof the qqn g pen ich t occurs, ante i a en vpoyu e r °tns et??em°?y oa irwn' pg4t?d to you, IHpnowwccoeur?vet°e conwl ?O onInFl° fn Ceou chl n a 0 0 mentt We wl?lmrpoe??°?IC Financetl?ignlama n new 9°icf?'v' jn t rbda I New Bel a en Date afy0u ll?currorrt Iluu f prchaa I on a currant dM statarne ca this the "race rlid' There Is no race clod on ?Iance?nsTers w th 1urV8nCES. 0 Pe 0 Pe p?? g??e? a charge less an s50 Id other. 11 ose0. you a minimum FINANCE CHARGE of $.50 for any billing period In which Periodic Finance Charges of .50 Fee. If r Account has an annual foe it will be lied at ¢ be?inn na 01 annlvena year r ccount Is open. The am%t of e fsay pe8rs the sttement when Mal is filled. The annua ice 13 n?, talon a e Umess nout? usat you wish to close your Account d „09 at ys of he mail ing or delivery date of the statem?l on which the Is bi led. you cal receive this retufftl even If you use your Card th period W9 pe sit your transactions Into roU of purchases, cash advances and balance transfers and then further sort the trans ens withl routheir Annual rcent?e (?ata'Fw ekamda purchases sub ec! to emotional rate and purchases sublact to a Stan a wog d bs to We refer to there roups as transactidn categories. 4t the enach billin perirld, we comput8 balances ;pd ooceFina ce__ _a es or pM_ day of the billing p%od for each transaction category. We use the following oq Mon to compute Periodic (Average Dally Bal nce) times (days in billing period) times (Daily Periodic Rate). 458 may refer to a finance char summa on you[ billing statement for thew amounts.) Then we add tlD the Periodic Finance Charges for each itctlan to the UPeriodk Vinance Charges for our Account The Averao Dully Balance It shown as zero If, because of the grace a no In a to the balance l0 aanUa salon ca 'u the A all udln n transacUsl method of I fella the balance u which we Imoasa Periedi Finance Chard . We com the? n tie each transaction c addir. up all the day taF In a blllina perlod? for a epory trans0crt ands number of days n the I compute my nce for a eon transaction ca oon? eacha ng to a pre pus s dal balance: ns ons with a Tre, of that day.as shown pn you MII stamsrr?? the on is to yourdew count After the close a billing period n wh coccurs, In ahlch case the trans on to the der t bola ce as of the first day, of the billing period in whit it is posted to your Account fees chard that day and c P1 n aceddCehdaga b accso on a evious daVS Bai%balance; arirf then subtracting an c itYSOauffilling ants that arb l.giled ost 1 balan of the VansaFtcon ion that daV. In cSlculaUng the dabalance for the Ttof taaal od, we consider the r balanayy r 1 n ?er?od All as olio excegtl ?te Transacti on Fee are td the ca a cash advance transaction catraonr a d ?falance Transf r Transa9n a Finance Charges which Flnanq Char are added to a cab a an Iran t?nsaon q When the apacl rate expires, we move the unp?I Dolan a of the balance transfer aqd the ace oftener Cans on Fee Finance err s ?o if?e standard purchase transaction cate?ry. rtowever,?f the special rate has peen term noted , nder the De Ault Rate section, we leave the u Id ba once of the balance transeer and the arance Transfer Transaction Fee 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 Robert Adkins (Name) Senior Vendor Litigation Liaison 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# 8178635 Shirle A. Coleman '601 M"