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Home My WebLink About10-3304t;~' TAE ~'~;';;, ~,p.~r,~~~ 20(0 I~~Y i 8 F~1 I ~ ~2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. No. l o - 33D~ ~ivil term COMPLAINT IN CIVIL ACTION BETTY J YOUNGBLOOD DONALD D YOUNGBLOOD JR Defendant(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 1.5219 (412) 434-7955 WWR#7310595 ~9a .oo PA arrf c~c~ go73~q+~ ~~` aka aq5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. BETTY J YOUNGBLOOD DONALD D YOUNGBLOOD JR Defendant(s) COMPLAINT IN CIVIL ACTION 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 ON AGENICES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-31660 COMPLAINT 1. Plaintiff is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054-0000 . 2. Defendant(s) is/are adult individual(s) residing at the address listed below: BETTY J YOUNGBLOOD DONALD D YOUNGBLOOD JR 236 KEY WEST BLVD CARLISLE,PA 17015 3. Defendant(s) applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX1342. 4. Defendant(s) made use of said credit card and has currently a balance due of $ 13,529.54 , as of March 18, 2010. 5. Defendant(s) is/are 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 28.99% per annum on the unpaid balance from March 18, 2010. A true and correct 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(s) will pay Plaintiffls attorneys' fees. 8. Plaintiff avers that such attorneys' fees will amount to $125.00. 9. Although repeatedly requested to do so by Plaintiff, Defendant(s) has/have willfully failed and/or refused to pay the balance due to Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant(s), BETTY J YOUNGBLOOD and DONALD D YOUNGBLOOD JR jointly and severally, in the amount of $ 13,529.54 with continuing interest thereon at the rate of 28.99% per annum from March 18, 2010 plus attorneys' fees $125.00, and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. W brodt, Esquire PA I.D. #4 524 WELTM N, EINBERG & REIS CO., L.P.A. 1400 Ko pers uilding 436 Se enth venue Pittsb gh, A 15219 (412)3 7955 WWfR#:7310595 ..o . .~. tV W~r~.-.:~ ~ Lll $13,529.54 ~ $13,529.54 ' Enter Amount Enclosed Below CARD `_- -- ------ -- Payment Due Date May 14, 2008 please make check payable to Discover Card. Minimum yment due includes a past due amount of $2,997.00. 15 SDSN6A01 0003374 [ J ~ ~ '" BETTY YOUNGBLOOD ~ ,.. `~ : Will your payment get to us on time!' Pay DONALD YOUNGBLOOD JR your bill online and your payment can be '-'' made to your account on the same day. Visit 1957 GRANDVIEW DR Diseover.com/payments today. NORTH PORT CA FL 34288-6848 PO BOX 6103 Illuillnrnrllrlrlnln CAROL STREAM IL 60197-6103 Address, e-mail or telephone changes Print change In space I~Il~ill~~ii~~lll~liil~~ilillii~iillllii~~~llilliiiiill~~l~ill above, or go fo Discover.com. Print your email address to receive important Account information and special offers. 0000019864545717263431352c!5400000001352954 Discover More Card Account Summary C{osing DaFe: April 15, 2008 page i of 1 Account number ending in 1342 Previous Balance $13,529.54 Payment Due Date May 14, 2008 Payments And Credits 0.00 Minimum Payment Due $13,529.54 Purchases + 0.00 Credit Limit $10,900.00 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 $13,529.54 Cashback Bonus Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Avdflable to Redeem $ 0.00 Date: February 15 How Can We Help You? 1 • Visit Diaeowr.eom to pay your bill kr no tort, view your 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 selFservice Please have your Discover Card available. options or to speak with a Customer Service Account Manager 3. Write us at Discover Card, PO Box 30943 For TDD (assistance For hearing impaired) see reverse side , Salt lake City, UT 84130 Transactions $0 Fraud Lfabfifty Guarantee Use your Discover Card wish confidence. Information For You 'While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on ,purchases and any special balance transfer rate, and applied the standard APR For purchases to your outstanding bakance of purchases and balance transfers. However, we reserve the right to increase the APRs on your Account iF you Faii to pay the minimum payment due by the payment due date. See the Defaul~~ I ~n of the Cardmember Agreement For details. /~ Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Bclances Rates RATES RATES CHARGES CHARGES current billing period: 31 days Purchases $0 0.07942% 28.99°!o F 28.99% $0 none Past Purchases $0 0.079429a 28.999'o F 28.99% $0 $0 Cash Advances $0 0.07942% 28.9990 F 28.99`Yo $0 $0 previous billing period: I S days Purchases $0 0.07942% 28.99% F 28.99% $0 none The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above /. I Important Information. If there is more than one page to this billing statement, see the back of each page for additional Important Inf aUon. See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account Lost ar stolen cards. Report immediately! Call 1-800-847-2688. BIOI~.Rlahts Surrxnary. 1n Case of Errors or Questions About Your 8111: Ii you think ur bil~~s wron , or If you need more Inionnation about a ' • transit to on yyour bill, write to us on a separate sheet of paper at Discover Card P~Box 3 21 Sal Lake I U7 64130-0421 as soon as possable. We mUSt hear tram you no lat4r than 60 days after We sent you the firsf bill on which the ercor or problem appeared. Vou can telephone ~sybut dolmlnnuu so will not preserve Your rights. In your letter, give us the following information: ~+ The d9llareamounicoT thensusp~ecf fed error ~• Describe the error and explain, If you can, why you believe there Is an error. If you need more Information, descrlhe the Item you are unsure •about You do not have to a an amount in question while we are Investsgatin ,but you are still obligated to pay the rts of ur bill that are not In • ~ , question. While we Pn~esti~ate your question, we cannot report you a3 del~nquetSt or take arty acTfon io collect th~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 vbu have tried in good faith to comeCt the pibblem with the merchant, you ma~ not Ifave to pay the remairfin amount due on the nods or ervices. Sou have this protection only when the urcnase price was more than ;50 an the purchase Was made In yo~r home state or withl~i 100 mi~es at your mallin address. ((It we own or ope~ate the merchant, or ii we mailed you the advertisement for the goods or services, all purchases are covered regardless ~ the amo+lnt or tocatlon of purchase) d onl ur e t and the to portion of this statement In the a to d. Do not send cash. By sendl ur chock as e; YovYa~itnorQz~us~o use Iniorlr~a It on on your check to make an e`e~etroQilcptund transfer from your accoc+nt a~ t~i~ ~inancl~l ,atad on your c ecl~or to rocess ihe~ar~ ent as a Check transact on. If ppayment Is processed as an electron c fund trans er, the fora account aspiorur as~ a Same da via Irecel~ ttourirom entr, and k uowiti not receiv~eonlurfchedckabackrti'romds mav be i yo y y payrrt° yo yo your financial n of ur Vment may be delayed If You send cash cgrres~pndence or other Items with war t~vmenl, if you send the payment to Asa or if tlse an r<nv$loppee other tharf the one provided. Pa4ments received on or after 1 PM at our roce45in~ faclll tAindav or on a ekend or bank holidaY will be fed to your Account as of the next business day. It ~u h~ve mispl ced r envefOpe, ientto Discover Bank, PO Box 6T03 Carol,' Stream, tt 60197-6103. Please allow 7-10 days idr de Ivery. If your payme t s returned :rve the rlAht to resubmit it as an electronic debit .your. min um payment. or.a greater amount over the telephone, and you can_set up automatic .payments. Coil us at 1-600-347-2683. ent, rou must feu us the amount or each em or can se+ect an amoum sucn as the Minimum raYment uue or me new aalance on a h statement You can cancel a payment; h r we m st receive notice at least three business darts in advance of the scheduled pa ent You mar notify us try hone at 1-800-34T-2683 or bpyy mall at the address listed in the previous paragraph 1i War payments vary in amourll'we will tell vo on each m n IV statement when your payifient will be made and how much it will ¢e You a tome c p y8 rhent amount may be less than indicated on the monthly statement based on credits or payments applied during the blllmg cycle. Credk Re~rortlng. We m re rt Information about your account to credit bureaus. Late a ents, Issed pa ents, or otherpdoertfaucllts ion ur acw~uhnt1 va9 be ~et~lected~gn your credtt repo We normally repo~rtp the st~tus andapaym~~n~ ~~osr Disc~ovenr Cad PO Bdx f 5376,-VYl~ming ogn DE 9950=5~i6e1P easehincludre YDoourtr nameCa dress homerrtf~~eetpe a numbeiCand Atctclrount numtler. Grace Period on Purchases (at least 25 days) We begin to im a Periodic Finance Char es on all transactions from the Transaction Oate for the transaction as shown on ur blllin statement,~unless a transaction Is posted to War Accou~it after the close of the billing period In which It occurs, In which case wep~ in fo Impose ~eNodic Finance Charrgges on that Vansactlon item the first d of the bllling ppeBriod In Which it Is golfed to Your Account We continue to impose Periodic Finance Charge3 until the date you Day Your entire Nea~Y Balance, by ~nakfnQ pavmenls Or rdcelYVOingpcrvedits. Nowever,ll vobypald the New alance on your previous blll~ statement oy the"PAyment Due Date shown on that bimrfg ~tatem~~h ses, that Ise New Balanc the Pa ment Due Date on you current bill n sta men will not im se Periodic Finance Char es bn new a purchases first appearing on the current billing statement call this a "grace perio~ There is no grace perlod9on balance transfers or cash advances. Minimum Finance Charge. We will charge you a minimum FINANCE CHARGE of 5.50 for any billing period In which Periodic Finance Charges of less than ;.50 would oth$twise be Impos Annual Fee. If ~rour Account has an annual Tee it will be billed at the be$innin9 of each anniversarn Rear ur Account Is open. The amount of the fee aDpeors n the statement when the tee (s billed. The annual fee f not rrtfundab a unless Yo otif~ us that You wish to close your Account within 3U gays of the maiUng or delivery date of the statement on which the fee. is bill. You win receive this refund even if you use your Card during that period. Periodic Finance Charpes. W s ur transactions into roup of roh ses, cash advances a balance transfers an then further. ort the transactions within eacue roup~y t e r Annual Percentage late. 3or epamu e' urchases subl~ to, promoUOnal rato an purchases sus fact to a standar~ rate would be sl+par~te grouR we refer to these roues as Uansa~UOn cat pries. Af the'eno of each blllin ppee od, we compubtB balances and Pe odic Finance Cha ggel for eat day of the II(ng plod for each transactlon~ategory. We use the following ~gGatlon to compute Periodic Finance Charges for each iransacUon category. (Average Dally Balance) times (days in billing period) times (Dally Periodic Rate). (You may refer to the Unance charge summary on r blllin statement for these ampunts. Then we add. the Periodic Finance Charges for each transaction ca~~ggorrvy~ to et the total Periodic FlnanCe Char e~ for your Account The Averag~ Darly:Balancir I~ shown as zero If, because of the grace period, no PeriodlcFina~ce Char es aRpIV to the balance li a trai soacUon cafe orY We use the Avera a Dafiv 8ali~nce r+nCluding new transactions) method of c~Ic0latlnaa the balance upon which we Impose Periodic Finance Char es. We com ut~ the Average Dal Balance for each transaction ca~e~ggorrvvb~ addiri up all the dally balances Ina +Uin period or a transaction cate~~ and dividing the total b~the number of da~s In the bfllliS~ period. ~le com ate the dall~r balance for ear~i transaction cate~oiy on each da ~ rs adding the ollowing to a previous da~s oily balance: ansactions with ~ Transactio Date of that day as shown on you billing stat~m..nt, unless _ .e transaction is posted to youf A count alter the close of the billing period In which it occurs. in _Which case the ii' flr4t da of the Ulllrng ppeeriod, we co+SSider the .t day of vYbur previous lillin~t oertod. i the excEDtion of Cash AdrrahCe Transaction Fee. ce Transfer Transaction Fee.Finance Charges which we move the unpaid balance of the balance isaction category. However. if the special rate has 0 z a 0 0 X V have Mar, 18. 2010 12.06PM N~, 8451 P. b/12 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. X4904 relating to unsworn falsifications to authorities, that he/she is ame) ACCOUNT MANAGER of DFS SERVICES LLC - , piai herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. ( ign t e) WWR# 7310595 DFS# ~~'134~ c? Y ? ????ICE f C s HONOTAR 0 COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BETTY J YOUNGBLOOD and DONALD D YOUNGBLOOD Defendants No. 10-3304 CIVIL TERM PRAECIPE TO VACATE JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, 42524 WE1,TMAN, WEINBERG & REIS C0„ L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412)434-795 WWR#7310595 45.00 PD ATN al WPM 2+- agss33 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-3304 CIVIL TERM BETTY J YOUNGBLOOD and DONALD D YOUNGBLOOD Defendants PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Kindly vacate the judgment entered in the above case on August 30, 2010, as the Defendants, BETTY J YOUNGBLOOD and DONALD D YOUNGBLOOD, filed Chapter 7 Bankruptcy on August 17, 2010. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. Wa WELTMAN, 436 Seventh Pittsburgh, > , brodt, 42524 EEINBERG & RFIS CO.. L.Y.A. Lnue, Suite 1400 5219 (412) 4 34- 4LE0-OFF,'CF :' i F i 1-V II t% tU S [ c rUMHRLAIN'D COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BETTY J YOUNGBLOOD and DONALD D YOUNGBLOOD Defendant(s) No. 10-3304 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT 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#7310595 DIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-3304 CIVIL TERM BETTY J YOUNGBLOOD and DONALD D YOUNGBLOOD 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. WELTM/IN, W,EINBEIjq & REIS CO.,It.P.A. By: 2L.? Lyndsay Ij wlan , squire PA I.D. #2015.20 WELTMA ' , EINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 SWORN TO AND SUBSCRIBED before me this day of t? "1_/_ , 2010 r NOTARY PUBLIC r OMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila G. Bevan, Notary Publk ,toss Twp., Allegheny County My Commission Expires Nov. 15, 2010 Member. Pennsvlvania Association of Notaries