HomeMy WebLinkAbout10-4484r
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Discover Bank
6500 NEW ALBANY RD
NEW ALBANY, OH 43054
Plaintiff
CIVIL ACTION
ERIC-PAUL JOHNSON
1620 VALLEY RD
MECHANICSBURG PA 17055-4854
vs.
Defendant
NO: 1Q L14S4
0"'.aTsm
NOTICE TO DEFEND
MIDPENN LEGAL SERVICES
401 EAST LOUTHER STREET
CARLISLE, PA 17013
717-243-9400
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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 to
Defend 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 AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Discover Bank
6500 NEW ALBANY RD CIVIL ACTION
NEW ALBANY, OH 43054
Plaintiff
vs.
NO:
ERIC-PAUL JOHNSON
1620 VALLEY RD
MECHANICSBURG PA 17055-4854
Defendant
COMPLAINT
Plaintiff, Discover Bank , by and through its attorneys, Edwin A. Abrahamsen &
Associates, P.C., complains of the Defendant as follows:
1. Plaintiff, Discover Bank , (hereinafter "Plaintiff") is a corporation with a principal
place of business located at 6500 NEW ALBANY RDNEW ALBANY, OH 43054
2. The Defendant ERIC-PAUL JOHNSON (hereinafter "Defendant") is an adult
individual residing at 1620 VALLEY RD MECHANICSBURG PA 17055-4854.
3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase
and collection.
4. Defendant applied for and received a credit card issued by DISCOVER BANK
with the account number 6011002810762807.
5. Use of the DISCOVER BANK credit card was subject to the terms and
considerations of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was
sent to the Defendant along with the credit card.
6. Defendant used the DISCOVER BANK credit card account
number6011002810762807, for purchases, cash advances and/or balance transfers.
7. The Defendant was mailed account statements relative to the Defendant's use of the
subject credit card.
8. The Defendant defaulted under the terms of the Agreement by failing and refusing
to make monthly payments on the account as they became due. (See, Cardmember Agreement
attached hereto as Exhibit "A.")
9. The account became delinquent January 18, 2008.
10. The total amount due and owing the Plaintiff including interest, is $16,359.35.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the
amount of $16,359.35 plus costs of suit and any other relief as the Court deems just and
appropriate.
submitted,
E404f A. Ab' ahamsen &
Michael F. Ratchford, Es,
Attorney I.D. Nos.: 8628'
120 North Keyser Ave.
Scranton, PA 18504
mratchford@eaa-law. orr
Phone: 570-558-551
Fax: 570-558-5511
VERIFICATION
I, Michael F. Ratchford, attorney for Plaintiff, Discover Bank , am fully familiar with the
facts set forth in the within Complaint and am authorized to make this Verification on behalf of
Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best
of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A.
4904.
NOTICE OF AMENDMENT TO DISCOVER--"
PRIVATE ISSUEE'CARDMEMBER AGREEMENT
This notice informs you of changes to the Discovers
Private Issues Cardmember .
-agreement- that will be
effective and 11.-ill apply to your account for billing periods .
ending after =March 1, 2002, except as provided below:.
If Vou do not agree to these terms. You must notify us in
writing by February 25, 2002, at the following address:
P.O. Box 309-}3, Salt Lake Cin, L"T 84130-0943. If `ou
do so, we will close your :account and you will pay us the
balance that you owe us under the current terms of the
agreement. Note that these changes will not apply to
your Account if your Account is closed by February 25,
2002. Be aware that calling us to indicate you `do not
agree to these changes is insufficient notice. If rou do
not notify us in writing to the address listed above, the
changes set forth in this notice will apply to your
account. Use of your Account on or after Februany 26,
2002, means. that you accept these changes even if
you previously notified us that you did not agree to
these changes. `
Please retain :this notice for your records.
L'se of Y ur A Lccoumt
I-1-e are adding a new paragraph to this section that
assigns to us your claim against a merchant for the
amount of any credit that we issue as a result of tour
dissatisfaction with a purchase. -
The following is inserted as a new paragraph at the end
of the section:.
• If a merchant fails to provide % our purchase to your
satisfaction .incl. at your request we- issue a credit
to your Account. you will he deerned to have assigned
r(Y us «01,117 claim against the merchant :ind/or? am-
third party for th.e credited amount. Upon our
request, you agree to provide us with written eridence
Of such assignmenr.
Unauthorized Use
We are changing this section to inform You that it you
notifh' us that tour Card is lost or stolen or you think
that there is any unauthorized use of your Account and
our records indicate that you have enrolled in an
automatic billing arrangement, such as a monthly,- gym
membership, we will attempt to provide tour new
recount number to that merchant. However, if you
no longer wish to continue the automatic billing
arrangement, you must contact the merchant. directly:
1-Ton thly Pa Trent ?tions - ' --
. tie are changing this section to clarih- that t ou must
make your payment in accordance with the terms stated
on vaur monthly- billing statement, and we will credit
your Account in accordance with those terms. In
addition,. we reserve the. right to change those terms
without prior notice. -
Balance Transfers and Periodic Finance Charaet
We are changin-9 the Balance Transfer and Periodic
Finance Charges sections to provide that any initial
special rate on balance transfers and any introductory or
promotional rate on purchases will be subject to the new
Default Rates Plan section.
Default Rates Plan
We are adding a new Default Rates Plan section that
provides that we will review Vour Account at the end of
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each hillinv period to deterinine the annual- Percentage
Rates tliat?w ill apph to your balance of purchases and
balance transfers. If t-our :account is overlimit or we have
not received a required payment by the Payment Due
Date. «Ve will terminate am- introductorn- or promotional
rate for purchases and any initial special rate for balance
transfers that currently apply to your Account, as well as
am- such rate that we have previously offered to you. and
apply- the standard knnuai Percentage RAEe ti„r
purchases or increase that rate to 1 q.1)( '' as described
belo«_ For billing periods ending in March 2002
throug,h hillin, periods endin, in Mav the new
rate w ill apply beginning with the first play of the billing
period following our review ofvour.kccount_ For hillin,
periods ending after NIay 2002, the new rate will apply
he-,inning xith the first day of the billing period in
which we review your Account. In reviewing your
account, we will look at the current billing period as well
as the previous eleven billing periods. This means that
%Ve may reyiemr your Account status as far back- as April
2001_ ?If tour account was 'oyerlimit or we did not
receive a required pa?-ment by the Payment Due Date
during any of these billing periods, this may cause an
increase _ in the rates that apply to your Account as
described below. This section will not apply to Old
Balances as that term is defined in tour monthh billing
statement. The following section is inserted after, the
Periodic Finance Charges. section:
Default Rates Plan. t-e will review tour Xccount on
the last day of each billing period to determine the
annual Percentage Rates that will apply; to your
balance of purchases and balance transfers. Ayer
changes to your rates based on this review will he
effective beginning on the first day of the billing period
in which we review ,-our account.
If we did not receive a required payment by the
PaNznent Due Date, during the billing period in which-
3
s
4
we review your Account. then any initial special
rate on balance transfers and any introductory or
promotional rate on purchases that currznrlF
applies to your Account, and any such rate that we
have previously offered to you. will terminate and
.the standard Annual Percentage Rate for purchases
will apply to your balance of balance transfers
and purchases as well as any introductory or
promotional rate on purchases and any initial
special rate on balance transfers that we have
previously offered to you. In addition, if the
standard Annual Percentage Rate for purchases is
less' than 19.99% and during the immediately
preceding eleven billing periods we did not receive
a required payment by the Payment Due Date, then
the standard ANNUAL PERCENTAGE.. RATE -
for purchases will be increased to 19.99% (which
corresponds to a Daily Periodic Rate of .054.7 7 %).
If `our outstanding balance exceeds your Account
credit limit as of the day we review your Account
and your outstanding balance exceeded your
account credit limit as of the last day of any billing
period in the immediately preceding eleven billing
periods; then any initial special rate on balance
transfers and any introductory- or promotional rate
on purchases that currently applies to your
Account, and any such rate that we have previously
offered to you, will terminate and the standard
Annual Percentage Rate for purchases will apply to
the balance of your balance transfers and purchases
as well as any introductory or promotional rate on
purchases and any initial special rate on balance
transfers that we. have previously offered to you. If
the standard Annual Purchase Rate for purchases is
less than 19.99%, then the standard AN'-wA .
PERCENTAGE RATE for purchases will be
increased to 1999% (which. corresponds to a Daily
Periodic Rate of .05477%).
4
Returned heel: Fee
yl
e are changing this section to provide that we will
charge you a Returned Check Fee regardless of
. whether you authorized us to initiate the debit
transaction in writing, eleetronicalls• or oraliv.
La e. Fees
kt e are changing the amount of the Late Fee from
5'9 to an amount based on your ourstaniiing halance.
The amount of the Late Fee is based on the' of all
outstanding purchases, crash advances, balance
transfers, other charges, other fees and Finance
Charges at the end of the billinperiod. If the sum is
less than 5100, the Lare Fee is S_11 5. If the sum is equal
to or greater than 5100 and less than 51,000, the Late
Fee is 5?5. If the sum is equal to or greater than
51,000, the Late Fee is 5,5.
Electronic Communicati
of -Terms on Priract; and hanPe
Due to changes in federal and state law that allow
financial institutions to engage in electronic
communications with their customers under certain
circumstances, we are amending the :-agreement so
that we can communicate with you through any
electronic medium, e.g., e-mail. Therefore, we are
adding a new Electronic Communications section that
provides that, from time to time, we may offer you the
opportunity to receive certain notices from us
electronically rather than through the mail, including
monthly billing statements and change of terms
notices. The terms and conditions for receiving these
electronic communications will be described in the offer.
In addition, we are changing the Privacy section to
provide that we may contact you about your Account
through any electronic medium as well as through
5.
automared telephone equipment or prerecorded
telephone calls. We are also .changing the Change of
Terms section to provide that we may offer rou the
e opportunity to receive a change of terms notice chrouLrh
any electronic medium.
NOTICE OF AMENDMENT TO THE DISCOVER'
ACCOUNTGUARDs'" TERMS
AND CONDITIONS
If you are enrolled in Discoverb AccountGuard"'
protection. an optional provision of your Discover
Cardmember Agreement, this notice informs you of
changes to the current Terms and Conditions, effective
Januan• 1. 2002. Please refer to v ur Discover
?ccountGuard Terms and Conditions for details.
Please retain this notice for Your records.
1-Me are modifying the General ?Lctiratioa
Requirements. You, no Ionger must notify us and be
approved for benefits within 90 days after the start of a
Covered Event. You must now notify us of the start of a
Covered Event as soon as is reasonably possible.
We are eliminating the section entitled Ni o, Second
Round of Benefits within Three Biillin Pen
Benefits for Another Covered. Event. g You will no
longer have to allow three billing periods between the
occurrence of another Covered Event.
02002 Dimmer Bank. Member FDIC PffLo102P0S5
6
- DISCOVEW
CARD
PRIVACY PQUCY
1
We are required by federal law to provide you with a
copy of our Privacy Policy each year. If you have
previously notified us about your privacy preferences,
as described in Section 4, it is not necessary to do so
again unless you decide to change your preferences.
We Respect Your Privacy
Our mission is to provide you with superior products and
senices, along with the peace of mind knowing that your
privacy is secure. We understand your concerns about
guarding information about You and your account. 41;e
want to assure you that we have taken steps, and wrill
continue to take steps, to safeguard that information.
This Privacy Policy describes our efforts to meet these -
objectives. It includes a summary of the personal
information we collect, 'when it may be shared with
others, how we safeguard the confidentiality and security of
information, and the steps that you may take to limit our
sharing of such information with others. Please read it .
carefully. We hope our Privacy Policy will- help you
understand how we collect and share information.
. What Personal Information Do We Collect?
To serve you better and manage our business, it is
important that we collect and maintain accurate
personal information about you. We obtain this
information from applications and other forms you
submit to us, from your dealings with us and others, from
consumer reporting agencies, and from other sources,
t
such as our Web sites. For example:
tt?e may obtain information such as your name, address
and date of birth from applications and other forms you
submit to us.
L We -may obtain information such as kccount
balances, payment history, your use of your account and
the types of services you prefer from your transactions
and other dealings with us and others.
• We may obtain information such as the balances of your
loans with other lenders and your payment history «ith
others from consumer reporting agencies.
• AVe may obtain information such as your Internet
service provider, your domain name, your computer's
. operating system and 'Web browser, your Web site use
and your product and service preferences from your
visits to our Web sites. '
2. Is Personal Inforrnafian Shared with Others?
- i
titre limit the sharing of information with others. I any of
the offers you receive for products and services are provided
-directly to you from us. For example, a retailer that accepts
the Discover'' Card may come to us with a special offer for
Cardmembers, such as. a discount certificate or product
upgrade. After careful consideration of the nature of the
offer and the company, we will create a list of Cardmembers
who may be interested ? in the offer based on certain
characteristics. We will send the offer directly to those
Cardtnembers on behalf of the retailer by, for e.rampie.
including an insert in their monthly billing statement or
mailing the offer ourselves. We control the information
used w make the offer, we do not share the list or any
infonnation' about our Cardmembers with the- retailer.
However, please understand that if you. do receive this type
of offer from us and choose to take advantage of it; the
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retailer may then learn information about you because only
Cardmembers with certain characteristics received the offer.
There are, however, circumstances in which we may share
the information n-e collect about you, as described in
Section 1, with other companies in order to provide you .
with access to products and services and to service tour
Account effectively, as detailed below: We require these
companies to adhere to our privacy standards and to use this
information onh, for the limited purpose for which it was
shared. 4Ve do not allow them to disclose it to others
without our prior approval. .
a. Sharing Personal Information with Our Corporate
Family
I'?r are part of the (Morgan Stanley: family of companies.
Our corporate family offers a wide variety of products and
services that can help you manage your finances. In order to
provide you with access to these products and. services, we _
may share the information we collect about you, as desctibed •
in Section 1, with other members of our corporate family.
These companies include financial service providers that
offer mortgage lending services, securities and asset
management services, investment opportunities and mutual
funds, and may include non-financial service providers in
the future as our corporate family continues to grow
b. Sharing Personal Information with.Non Affiliated
Parties for Marketing Purposes
We may share the information we collect about you, as
described in Section 1, with non-affiliated third parties,
including those that accept the Discover Card, in order to
provide you with access to products and services offered
directly by these companies that may be of value to you.
These companies include financial service providers, such
as insurance companies, and non-financial companies,
such as retailers.
_. 3
c. Sharing Personal Information with Others
v
tV-e ` may share the information tre collect about rou as
described in Section 1, ti-"ith companies that perform
support or marketing senlces on our behalf, such as
mailing, market research and data processing; other
financial institutions vc"i[h xhich Nve have joint marketing
agreements; or companies that are our partners for
cobrand credit card programs or re,-rard programs. We
may also share such information as permitted by law.
3. How Do We Protect. the Confidentiality, Security
and Integrity of Information About You?
We maintain physical. electronic and procedural
safeguards. to protect the information. we collect about
you. Access to such information is restricted to
indi-v iduals who need it in order to service your Account
or provide products and senlices to you, and who are
trained in the proper handling of such information.
Employees who violate these confidentiality.
requirements are subject to our disci
Plinary process.
Where third parties provide support services, we require
them to conform to our privacy standards. .
It is important that the information we maintain about
you is accurate and complete. If you see information in
your monthly billing statements or. elsewhere which
suggests that our information is incomplete or
inaccurate, please write to us at Discover. Card,
EO. Box 30943, Salt Lake City, UT 84130-0943 so
that we can update this information.
4. How Can You Limit Sharing of. Information
About You?
X41'e respect )vur privacy and offer you choices as to
whether 'wee may share information about you with
others. If you prefer that we not share the information
4
We collect about you, as described in Section 1, i
non-affiliated third parties or if you prefer that we not
share that information '%ith companies in our co
family; You may opt out, gate
that is, you may direct us not to
share that information. If you indicate a preference that
we do not share that information, please understand that
ou will not receive offers for products and services
provided by other companies that could help you lower
Your costs, maximize your financial resources and
manage your finances.
To indicate your preferences, call us at
1-800-225-5202 or write to us at Discover Card,
P.O. Box 30961, Salt Lake City, UT 84130-0961.
If you have previously notified us about your privacy
preferences, it is not necessary to do so
you decide to change your Preferences. o?t?t
request should include your name, address, telephone
number and Account number(s) and should not be sent
with any other correspondence. In order to process your request, we requirethat the request be provided by you
directly and not through. a third party you will need to .
pro-vide us with your preferences for each credit card
account you have -.vith us.
You may notify us about your preferences at any time.
Your request will remain in effect until you notify us
otherwise. We will honor your request and not share the
information we collect about you, except as permitted b '
law For example, federal law permits us to share
information about you with consumer reporting
agencies, service providers and marketing partners.:
It also permits us to share information about -our
e.Yperiences and transactions with You, such as your
account balance and payment history, with other
members of our corporate. family. If you are a new
Cardmernber, we will not share any'information about
5
f you, except as permitted by law, for thirty days after we
provide this Policy to you in order to give you an,
opportunity to inform us about your preferences. If you are
an existing Cardmember, please understand that tifou may
continue to receive marketing offers directly from other
companies that were :already in production prior to* the
processing of your request.
This Privacy Policy is provided to the primary
Cardmember listed on the Account. However, any joint
Cardmember has the right to notify us about
preferences and we will treat that request as applying to the
entire Account. IMe do not share information about former
customers, except as permitted by law.
This Privacy Policy is provided to you by Discover Bank
and its subsidiaries, which currently include GTC
Insurance Agency, Inc. It applies to the Discover Platinum,.
Discover Gold, Discover Classic and Discover Private
Issue'-;' Cards, and the products and send ces offered in
connection with those cards, including The Register" card
registration service (with the exception of any information
registered in connection with the service, which will not be
shared) and the Discover Exchange payment service. It is
part of your. Cardrnember Agreement and provides a
further explanation of how we collect and share
information. You may have other rights under state lawns
that apply to this information. Please note that you will also
receive privacy notices for other credit card accounts you
have with us, as well as other financial products and serY ices
provided to you by us and our affiliates. You will need to
indicate your preferences for each of these separately as
disclosed in the notice.
02002 Discava 8ariL Me aber FDIC PRVCY0102POS2
6
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
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Ronny R Anderson .,^ T~
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Sheriff
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Jody S Smith ~~~
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Chief Deputy ~~~ "'~ ~ .+~r~
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Richard W Stewart ~~; ;%; ,
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Solicitor carr'~E ~r ~"r s~~~(~r
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Discover Bank Case Number
vs. 2010-4484
Eric Paul Johnson
SHERIFF'S RETURN OF SERVICE
08/10/2010 Ronny R. Anderson, Sheriff, vUtho being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Eric Paul Johnson, but was unable to locate him in his
bailiwick. He therefore return$ the within Complaint and Notice as not found as to the defendant Eric Paul
Johnson. Current resident of 11620 Valley Road, Mechanicsburg, PA 17055 advised Deputies he has
resided at this location since November 2009 and does not know the defendant. To date The
Mechanicsburg Postmaster h8s been unable to provide a good forwarding address for Eric Paul Johnson.
SHERIFF COST: $60.00
August 10, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
(cj CountySuite Sheriff. Telsosoft Inc.
Discover Bank
vs.
ERIC-PAUL JOHNSON
1620 VALLEY RD T-373
MECHANICSBURG PA 17055-4854
Plaintiff
Defendant :
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In the Court of Common Pleas of fi-3
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Cumberland County, Pennsylvania
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Civil Division s, 0
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NO: 10-4484
Praecipe to Reinstate Civil Complaint
To the Prothonotary of Cumberland County Pennsylvania:
Please enter the above Praecipe to Reinstate the Civil Complaint.
Thank you,
lid (ael A. Ratchford, Esquire
Edwin A. Abrahamsen & Ass(
Lawyer ID # 86285
P.C.
Sworn and subscribed before me on this ? day of fi k 6?? 20_j/10
Notary Public
NOTARIAL EAL
MARTHA J BACHMAN
Notary Public
SCRANTON CITY, LACKAWANNA COUNTY n
My Commission Expires Apr 29, 2014
???Jy1S7
j?l ds 2.1#6 t
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
r E -" ?.) v tµ i ? r"
I ar
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Discover Bank
Case Number
vs.
Eric Paul Johnson 2010-4484
SHERIFF'S RETURN OF SERVICE
01/14/2011 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: Eric Paul Johnson, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Eric Paul
Johnson. Request for service at 1620 Valley Road T-373, Mechanicsburg, Pennsylvania 17055 the
defendant was not found. The Mechanicsburg Postmaster confirmed, Eric Paul Johnson has moved and
left no forwarding address.
SHERIFF COST: $42.00 SO ANSWERS,
January 14, 2011 RONNY R ANDERSON, SHERIFF
Davila). Buell
(Prothonotary
Office of the Prothonotary
Cum5erfandfCounty, Pennsylvania
2(irkS. Sofionage, E SQ
Solicitor
%D� _ _ CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THEABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 0 Suite100 C CarCrsCe, p/� 0 Phone 717 240-6195 0 Fax 717 240-6573