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Home My WebLink About10-4621. , , , 2 JU' 13 N 3; 27 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 10 - tlugl 21Vt ( -re'k vs. COMPLAINT IN CIVIL ACTION ASHLEY Y SWOPE 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 08383886 C A Pit EMR 0 49a.00 p o aryl e? a y?iy3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No ASHLEY Y SWOPE 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: ASHLEY Y SWOPE 4 SUNNY DR HARRISBURG, PA 17112 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1253 . 4. Defendant made use of said credit card and has a current balance due of $4243.26 , as of May 04, 2010 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balanceis immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 28.9900W per annum on the unpaid balance from May 04, 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 , ASHLEY Y SWOPE individually , in the amount of $4243.26 with interest at the rate of 28.990% per annum from May 04, 2010 plus attorneys' fees of $125.00 , and costs. fames u WELTMAN 436 Sev Pitt sb (412) FAX : 08383 8 This law firm is a debt collector attem our client and any information obtained W INBER4&yREIS CO., L.P.A. .t Avenue, Suite 1400 h PA 15219 955 38-7130 0 C A Pit EMR to collect this debt for be used for that purpose. ®15CI.NER $4,243.26?? 15 SDSN6A01 0000998 ASHLEY SWOPE 124 PROWELL DR CAMP HILL PA 17011-1449 $4,243.26 Enter Amount Enclosed Below ?V + Payment Due Date $ May 14, 2010 f Please make check payable to Discover Card. Minimum payment due includes a past due amount of $925.00. Phone and internet payments must be made by 5:OOpm ET for same day ostin . Go paeperles?s and make your account information more secure with password- protected statements only you can access. Learn more at discover.com/paperless. Address, e-mail or telephone change? Go to www.Discover.com or print change in space above. PO BOX 6103 IIIrs1Iit trslllhIf lnlull CAROL STREAM IL 60197-6103 11111111111,rtllltlulrrtltllrto rllllr,ntlltlluutllrtlr,ll 000001986458113193631042432600000000424326 Opening Date: April 1, 2010 - Closing Date: April 15, 2010 Discover More Card Account Summary Cardmem6er since Account number ending in 1253 Previous Balance $4,243.26 Payments And Credits 0 00 Purchases . + 0 00 Balance Transfers . + 0 00 Cash Advances . + 0 00 Finance Charges . + 0 00 Other Fees t . + 0 00 New Balance . 4,243.26 See Finance Charge Summary section following transactions for detailed APR information Credit Line $3,000.00 -Credit-Line Available $0.00 Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 t See transaction detail for a description of any fees charged Cashback Bonus- Anniversary Month October Opening Cashback Bonus Balance $ 0 00 New Cashback Bonus This Period . + 0.00 Cash back Bonus Balance $ 0.00 To learn more, log in at www.Discover.com and select Rewards Payment Information fl New Balance $4,243.26 Minimum Payment Due* $4,243.26 Payment Due Date May 14, 2010 *Includes past due amount of $925.00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39,00. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Only the minimum I 10 years I $4,243 payment If you would like information about credit counseling services, call 1.800.3.47-1121. 3 Easy Ways to Contact Us Manage Your Account Online at www Disco 1. Access your account securely at www.Discover.com 2. Call 1-800-DISCOVER (1-800.347-26831 Please h D . ver.com • Access free online tools like Paydown Planner to create a plan to pay down your balance securel ac t ave your iscover® card available. , y cess s atements, pay bills online and easily track all transa ti 3. Write to us at Discover, PO Box 30443 c ons , -Soft. Lake-City,-UT.84420-_.-- _-_--_ _ Make your money worth more SM-Find easy ways to earn for TDD (Telecommunications Device for the Deaf) and-redeam-cash rewards---- - -- -- - ------- assistance, please call 1-800.3477449 NEWI Access your account securely through your . mobile phone Transactions Trans, Post Date Date Finance Charge Summary Average Daily Daily Periodic current billing period: 15 days Balances Rates Nominal Other ANNUAL ANNUAL PERCENTAGE PERCENTAGE Periodic Fee FINANCE FINANCE RATES Purchases $0 0.07942% Cash Advances RATES CHARGES CHARGES 28.99% 28.999'0 $0 $0 $0 0.07942% V e Yerieble Rate 28.99% 28.99% $0 $0 EXHIBIT Important Information. If there is more than one page to this billing statement, see the beck of each page for additional irmporlent indormsfion. Z See your Cardmember Agreement Your Cardmember Agreement contains all the terms of your Account D 0 Lost or stolen cards. Report immediately! Cali 1.800-347-2683. Billing Rights Summary. In Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, write to us on a as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on : UT 84130.0421 Ci o 0 , ty, separate sheet of paper at Discover, PO Box 30421, Salt Lake which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your name and Account number. X • The dollar amount of the suspected error • Describe the error and explain, 4 you can, why you believe there is an error. t you need more information, describe the item you are unsure about. y v our You do not have to pay any amount in question white we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we invesfigate, question, we cannot report you as delinquent or take any action to collect the amount you question. ecial Rule for Credk Caryl 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 You have this protection only when tlhe purchase price was more than $50 S ices d p . s or serv the problem with the merchant, you may not have to pay tlhe remaining amount due on the goo wttun tIXl miles of your marling address. (If we own a operate the merchant, or 9 we mailed you the advertisement for the goods or t t e or a and the purchase was made in your home s services, all purchases are covered regardless of the amount x location of )wrchase.) your check as described above, s r cash. BY tement in the envelope provided. Do not send t f ts ti c s s a on. a check transac Payments. Send only your payment end the top portion o use information on your check to make an electrono fund transfer from your account at the financial mstiWton indicated or you Your check yo to process the make pe went ar e a ? transfer, checlit a from information we use y the transfer wall ? for the amount on the check.l! ?e? d transfer ti i L tit l i ? r?? , un on. c ns u a your Ii payment is processed as an electron not rece•? Y funds may be withdrawn from your account as soon as the same day we receive yohr payment, and You e an 'rf you us address or any other The processing of your payment may be delayed 9 you send cash, correspondence or other items with your payment, t you send the payment to rm at our processing facility by 5PM beef time on any day will be credited to Account PO anus f i f ?M o o D scover, envelope other than the one provided. Payments received in proper enve received at cur processing facility after 5PM local time will be credited to your Account as roo to electronic text ed day. If you hav reservee the right u es burls let as an your ay debit un we aid , p m 6103, Carol Stream, IL 60197-6103. Please allow 7-10 days for delivery. If your payment of ay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1.800-347-2683. You will need this statement and your provide the first will U.S w Y com You can ctions must st n t d 'o ? ply us p ransa a ?ti your ink to deduct each bank account mfoimahon. You must ensure that sufficient funds are available in your bank account, an this 5 digits of your account statement zip code. By entering those numbers as your electronic Signature, you will be agreeing te debit or credit entries to your bank account, as applicable, to correct an erns in the processing of such payment You must e ti d h to ini a owever w payment you authorize from your bank account, an 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 nrevious address -347-2683 I-M mar at the eb in the p ce of the scheduled payment. You may notify us by phone amount i d be M- 83 muy van n a payme sAurom our w must receive notice at least three business days paragraph. If your payments may vary in amount, we will tell you on each monthly statement when your payment d on credits or payments applied during the billing cycle. t b ase may be less than indicated on the monthly statemen Credit Reporting. We may re your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit If you believe that our report is inaccurate or incomplete, please write ncies each month i . ng age report. We normally report the Ste stay 0f your Account to credit report DE 19850-5316. Please include your name, address, home telephone number and Account number. Wilmington 0 x 1 , , us at the following address: Discover, you entire date your transact ? imposed pay your PERIODIC FINANCE CHARGES. Periodic ry Finance New Balance on yothe ur previo s billing istatemon is by the Payment Due Datthe hown an that statement, and idmth ? ? pa e ou y credits. Balance lane by t 1@P fantbillin statement, we will not impose Periodic Finance Charges on crew purchases, that is, purchases frst appearing t New u Periodic Finance Charges on time new purchases. There m e by New Balance th l d i ll he ay es u nc thist wi receive a billing statement next month that this the on You p the ay he grace period. Otherwise, you We call e current statement. is no grace period on balance transfers or cash advances. Rate. For We son your transactions into groups of purchases, cash advances, and balance transfers and then further sort the trans far here each group Uansa their dion Annuacal l Per Perceien taga the and o tego rou s g p e use the following equation to compute example, purchases subject a promotional rate and purchases subject ffor each da of ilia billing would be ? ? each g . nsac6ar category. W each billing period, comput ute balances end Periodic Finance Dail Y in the billing period x Daily Periodic Rate. (You may refer to the finance charge : Averaga e Dally Balance x number of deys ? our es for r Char t Fi y y g ego nance Periodic Finance Cha harges Tor each transaction ca summary on your billing statement for these amounts.) Then we add up the Periodic Finance Charges for each transaction category to get the total Periodic because of the grace period, no Periodic Finance Charges apply to the balance to a transaction category. hown as zero if i , s s Account. The Average Daily Balance We use the Average Daily Balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. We computethe Average Daily and dividing the total by the number of days in the billing cycle. We or t y eg Balance for each transaction category by adding up all the daily balances in a billing period for a transaction ca compute the daily balance for each transaction category on each day by first adding the following to the previous days daily balance: iansactions made that day, fees charged that day ayments that are applied against the balance of the transaction redits and i p ng any c and Periodic Finance Charges accrued on the previous days daily balance; and by then subtract category on that day. In calculating the daily balance for the first day of the billing period, we consider the -previous day's balance' to have been your balance for each transaction If a transaction is posted to your Account after the dose of the biting period in which it occurs, we will treat the transaction as hav- i d o - category on the last day of your previous billing per ing occurred on the first day of the billing period in which it is posted to your Account, saction category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the t h ran ase All fees charged to your Account are added to the standard purc applicable cash advance transaction category and Balance Transfer Transaction Fee Finances Charges which are added to the applicable balance transfer transaction category. When id balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges to the standard purchase T ans f h T . e unpa rans er r a special balance transfer rate expires, we nova t 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 transaction category unfit the special rate would have expired. bl li ca e action Fee Finance Charges in the app For T00 (Telecommunications Device for the Deaf) assistance, please call 1-800.347-7449. Discover may monitor and/or record telephone calls between you and Discover representafives for quality assurance purposes. The Discover' card is issued by Discover Bank, Member FDIC. 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 Team Leader (Name) of DFS Services LLC (Title) ,plaintiff herein, that (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# 8383886 Ashley Y. Swope 1253 ~f~~~ {4li 1 ~~~~y7~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, DNISION DISCOVER BANK Plaintiff No. 10 4621 CIVIL TERM vs. PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE ASHLEY Y SWOPE 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 (41.2)434-7955 WWR#8383886 DIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10 4621 CIVIL TERM ASHLEY Y S WOPE 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. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Benjam~ Bible , re PA LD. 93 98 WELT , WEINBERG & 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 - , 2010 NOTARY PUBLIC CpMMONWEALTH ~ '?~•~~ Sheila ~. ~~~< a~~aT;~a ~~+sr•irr R(16~'. ~:11{r.. ;4MQi:pYtf~i s°r e'C+!.S ¢it'~ MytySS~fn s'x~ e ~ i~"* ~ , :2~;i30 Merv ..._. van,a ~-~ociaUon of Nolade5