HomeMy WebLinkAbout10-2504OF THE f7 TAY
2010 APR 15 PM 3: 22
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: (p _ o?SC ?vi (?flh
vs.
COMPLAINT IN CIVIL ACTION
RICHARD L NAUGLE
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
08019530 C A Pit EMR
001.00 Pp Am/
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No
RICHARD L NAUGLE
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:
RICHARD L NAUGLE
204 CONODOGUINET MOBILE
NEWVILLE, PA 17241
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX0791
4. Defendant made use of said credit card and has a current balance
due of $3705.23 , 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
6.00001 per annum on the unpaid balance from December 09, 2009 . 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 , RICHARD L NAUGLE individually , in the amount of
$3705.23 with interest at the rate of 6.000% per annum from December
09, 2009 plus attorneys' fees of $125.00 , and costs.
James C.
WELTMAN,
436 Seve
Pittsbux
(412) 4
FAX: 4
080195,4C
This law firm is a debt collector attemp
our client and any information obtained
rmbrout,42524
INBERG & REIS CO., L.P.A.
Avenue, Suite 1400
PA 15219
1955
8-7130
A Pit EMR
to collect this debt for
be used for that purpose.
V I4%0? 17 V C K $3,705.23
CARD
22 SDSN6A01 0005546
RICHARD NAUGLE
MOBILE EST
204 CONODOGUINET
NEWVILLE PA 17241-9499
$3,705.23 I Enter Amount Enclosed Below
Payment Due Date s I q? 30
December 17, 2009 Please make check payable to Discover Card.
Minimum payment due includes a past due
amount of $654.00.
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 Illrrrll?rrr?l?lr?lrlrll??l
CAROL STREAM IL 60197-6103
000001986618187191411037052300000000370523
Discover More Card Account Summary
Closing Date: November 22, 2009 page 1 of 1
Account number ending in 0791 Previous Balance $3,705.23
Payment Due Date December 17, 2009 s Payments And Credits 0.00
Minimum Payment Due $3,705.23 Purchases + 0.00
Credit Limit $2,800.00 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 $3,705.23
Cashback Bonus® Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus This Period + 0.00
Cashback Bonus Balance $ 0.00
CvshbackBonus9Anniversary- - _. .,.. .__. _ :-- - ---. _--. _. _-_-_. _ ___..--_--.._. __---_,•---_.
Date: March 22
How Can We Help You?
It's your choice - 3 ways to help
Please have your Discover Card available.
For TDD (assistance for hearing impaired) see reverse side
I . 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.
Information For You
i Your Account is overlimit. While we are
? permitted under the Cardmember r'
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. '
T
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: 22 days
Purchases $0 0.063679 23.24% V 23.249 $0 $0
Cash Advances $0 0.08216% 29.999 V 29.999 $0 $0
The rates that apply to your Account are either fixed (F) or they may vary (V) 03 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.
oat or stolen cards. Report immediately' Call 1-800-347-2683.
R lWng Rights Summary. In Case of Errors or Questions About Your Bill. If you think your bill is wron , or if you need more information about a
ansaction on your bill, write us on a separate sheet of paper at Discover MoresM; PO Box 30421, Salt Lae City, UT 84130.0421, as soon as possible.
ar:, 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 us, but
ing so will,not preserve your rights. In your letter, give us the following information:
our name and Account number.
` 4`• ;+?Tna dollar amount of the suspected error.
I!iiiit rrbe 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
r:si:;about ,
t do 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
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 you purchased with a credit card, and
you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the Dods 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 whin 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.)
?r
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 (of 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 financial 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
anv other address or if you use an envelope other than the one provided. Payments received on or after 1_ PNI- Monday through Frjday_gr on a
weekend or bank holiday will"be posted to your Account as of the next business day It you have misplaced your envelope, wind 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 1-000.347-2683.
You will need this statement and your bank account information. You must ensure that sufficient funds are available 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 payment you authorize
from your bank account and to initiate debit or credit entries to your bank account as applicable to correct an error in the processing 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. II 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 be Your Automatic payment amount may be 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 15116,
Wilmington DE 19850-5316. Please include your name, address, home telephone number and Account number
PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to your Account
until the date you pay your entire New Balance, by making payments or receiving credits. However, we will provide the following "grace period" If
you aid the New a ance on your previous billing statement by the Payment Due Date shown on that statement and you pay the New Balance by
the Payment Due Date on this statement we will not impose Periodic Finance Charges on new purchases, that is, purchases first appearing on this
statement. Otherwise, you will receive a billing statement next month that includes Periodic Finance Charges on those new purchases.There is no
grace period on balance transfers or cash advances.
We sort your transactions into coups of purchases, cash advances, and balance transfers and then further sort the transactions within each group by
their Annual Percentage Rate. Tor example purchases subject to a promotional rate and purchases subject to a standard rate would be separate
groups. We refer to these groups as transaction Cate ones Al the end of each billing period, we compute balances and Periodic Finance Charges for
each day of the billing period for each transaction cattegoiy We use the following equation to compute Periodic Finance Charges for each transaction
category. Average Daily Balance x number of days in the billing period x Daily Periodic Rate (See the prance charge summary on your slateme,it for
these amounts.f Then we add up the Periodic Finance Charges for each transaction categoiy to get the total Periodic Finance Charges for your
Account The Average Daily Balance is shown as zero if, because of the grace period, 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 it you did not pay the New Balance shown on the billing statement you received during. the previous billing period by the
Payment Due Date shown on that statement we will impose Periodic Finance Charges on new purchases that first appeared on that billing statement
as well as new purchases that first appear on the current billing statement unless we already imposed Periodic Finance Charges on the purchases on
your previous billing statement.
We compute the Average Daily Balance for each transaction categoi, by adding up all the daily balances in a billing period for a transaction category
and dividing the total by the number of days In the billing cycle. We compute the daily balance for each transaction category on each day byTirst
adding the following to the previous day's daily balance. transactions made that day, fees charged that day and Periodic Finance Charges accrued on
the previous day's daiN balance; and by then subtracting any credits and payments that are applied against the balance of the transaction category
on that day In calculating the daily balance for the previous billing period, we consider the "previous day's daily balance" to have been zero on the
first day of the billing period If a transaction is posted to your Account after the close of the billing period in which it occurs, we will treat the
transaction as having occurred on the first day of the billing period in which it is posted to your Account.
All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee
Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which
are added to the applicable balance transfer transaction category. When the special rate expires, we move the unpaid balance of the balance transfer
and the Balance Transfer Transaction Fee Finance Charges o the standard purchase transaction category. However, if the special rate has been
terminated under the Default Rate Plan, we leave the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance
Charges in the applicable transaction category until the special rate would have expired.
For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449.
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# 8019530
Richard L. Nau le
'601
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
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Discover Bank
Case Number
vs.
Richard L. Naugle 2010-2504
SHERIFF'S RETURN OF SERVICE
05/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Richard L. Naugle, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Richard
L. Naugle. Request for service at 204 Conodoguinet Mobile Estate, Newville, PA 17241 is vacant.
However, The Newville Postmaster advised Deputies they are still delivering Richard L. Naugle's mail to
204 Conodoguinet Mobile Estate, Newville, Pa 17241.
SHERIFF COST: $43.80
May 04, 2010
SO ANSWERS,
.~
RON R ANDERSON, SHERIFF
Lc) Count, Suite Sheriff. Teleosoft. Inr.
Y
E
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No. 10-2504 CIVIL TERM
vs. PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
RICHARD L NAUGLE
Defendant(s) FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin R Bibler, Esquire
PA I.D. #93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#8019530 DIS
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 10-2504 CIVIL TERM
RICHARD L NAUGLE
Defendant(s)
PRAECIPE TO SETTLE DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
TO THE PROTHONOTARY OF Cumberland COUNTY:
SIR:
Kindly settle;, discontinue and end without prejudice to refile the above-captioned matter upon the records
of the Court and mark the costs paid.
SWORN TO AND SUBSCRIBED
before me this day
of `010
9? A
NOTARY
WELTMAN, WEINBERC7& REIS CO., L.P.A.
By:
PA I.D1 #93 98
WELT , WEINBERG & REIS CO., L.P.A.
1400 ers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
1X
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