HomeMy WebLinkAbout10-5024
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: 1p - 50.14 aivi l Iem
vs.
SOPHIA D MINOR
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
08383923 C A Pit EMR
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No
SOPHIA D MINOR
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:
SOPHIA D MINOR
504 E ELMWOOD AVE APT 3
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX0185 .
4. Defendant made use of said credit card and has a current balance
due of $1463.70 , as of May 04, 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
15.9909. 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 , SOPHIA D MINOR individually , in the amount of
$1463.70 with interest at the rate of 15.990% per annum from May 04,
2010 plus attorneys' fees of $125.00 , and costs.
,ames . warmnroat,42sz4
WELT , WEINBERG & REIS CO., L.P.A.
436 ven h Avenue, Suite 1400
Pitt burg , PA 15219
(41 43 -7955
FAX 412 338-7130
083 392 C A Pit EMR
This law firm is a debt collector atte*ptAg to collect this debt for
our client and any information obtain d ill be used for that purpose.
y1yk,,UVtR . Corr uuiu?wo 15456.00 ruymnm vue
V v $0.00
30 SDSN6A01 0001035
SOPHIA MINOR
504 E ELMWOOD AVE APT 3
MECHANICSBURG PA 17055-4215
Address, e-mail or telephone change?
Go to www.Discover.com or print change in space above.
000001986458002970578000000000000000045600
-r"'y -- - ^rr 11 AV, AV IV - I-JOSIng uate:
Discover More Card Account Summary
Cardmember since
Account number ending in 0185
Previous Balance $1,463.70
Payments And Credits
4 1,463.70
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
Finance Charges + 0.00
Other Fees t + 0.00
New Balance $0.00
See Finance Charge Summary section following transactions
for detailed APR information
Credit Line $1,200.00
-Credit-Line Available $0.00
Cash Advance Credit Line $400.00
Cash Advance Credit Line Available $0.00
tSee transaction detail for a description of any fees charged
--- --"? ?" Anniversary Month
April
Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus This Period + 000
Cashback Bonus Balance $ 0.00
To learn more, log in at www.Discover.com and select Rewards
Transactions
Trans. Post
Date Date
Payments and Credits Apr 30 Apr 30 INTERNAL CHARGE-OFF
-1,463.70
mance C crge Summary - --- ---- -- ---- -- ---- -- - -
Average
Dail
Daily
P
i
d Nominal
ANNUAL
ANNUAL
Periodic Other ?./1 ! , ?M ?
Fee
y
current billing period: 5 days Balances er
o
ic
Rates PERCENTAGE
RATES PERCENTAGE
RATES FINANCE FINANCE
Purchases $0
C
h
0.04381%
15.99%
15.99% CHARGES
$0
J
CHARGES
$0
as
Advances $0
V = Variable Rate 0.06573% 23.99% V 23.99% $0 $0
Payment Due Date
May 25, 2010
,vccounr Ivumoer enatng in v t as
Enter Amount Enclosed Below
Go paperless and make your account
information more secure with password-
protected statements only you can access.
Learn more at discover.com/paperiess.
PO BOX 6103 111111111 till IIIIIIIIIIIIII
CAROL STREAM IL 60197-6103
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-- - page r or t
Payment Information
New Balance $0.00
Minimum Payment Due $456.00
Payment Due Date May 25, 2010
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 and your purchase APRs for new
transactions may be increased up to the Default APR of
20.99% variable.
Manage Your Account Online at www.Discover.com
• Securely access statements and Free online tools, pay bills
online and track and view all transactions simply and easily
• Make your money worth moresm-find easy ways to earn
and redeem cash rewards
NEWT Access your account securely through your
mobile phone
3 Easy Ways to Contact Us
1. Access your account securely at www.Discover.com
2. Call 1-800-DISCOVER (1-800-347-268Please have your Discover® card available.
3. Write to us at Discover, PO Box 30943,
Salt Lake City, UT 84130
For TDD (Telecommunications Device for the Deal)
assistance, please call 1.800-347.7449.
Important Information. If there is more than one page to this billing statement, see the back of each page for additional important information. rJ)
See your Cardmember Agreement. Your Cardmember Agreement contains all the term of your Account rn
Lost or stolen cards. Report immediately! Call 1.800.347.2683.
0
Billing Rights Summary. In Case of Errors or Questions About Your Bill: If you think your brit 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 fast bill on
UT 84130.0421
Salt Lake City
x 30421
PC B
i o
0
0
,
,
,
o
scover,
separate sheet of paper at D
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: °w
Your name and Account number. `r
N
N
The dollar amount of the suspected error.
Describe 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 about.
uestion white we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your
mount in X
q
You do not have to pay any a
question, we cannot report you as delinquent or take any action to collect die amount you question.
Special Rude for Credit Card Purchases: If you have a problem with die quality of goads or services that you purchased with a credit card, and you have tried in good faith to correct
ou may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase price was more than $50
ith the merchant
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and the purchase was made in your home state or within 100 miles of your mailing address. (if we own or operate the merchant, or if we mailed you the advertisement
services, all purchases are covered regardless of the amount or location of purchase.)
Payments. Said 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
t the financial institution indicated on your check or to process the payment as a check transaction.
t
a
use information on your check to make an electronic fund transfer from your accoun
rocessed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer,
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It paymen
on.
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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 inst
The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send Die payment to any other address or if you use an
Payments received in proper form at our processing facility by 5PM local time on any day will be credited to your Account as of that day. Payments
rovided
th
ore
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t
PO B
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.
p
han
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er
envelope ot
received at our processing facility after 5PM local time will be credited to your Account as of the next day. If you have misplaced your envelope, send your payment to.D1 cover,
ayment is returned unpaid we reserve the right toresufxrnil it as an eleclonlc debit.
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103. Please allow 7-1
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6103, Carol Stream, 11 .60
You can pay your minimum payment or a greater amount over the telephone, and youcan setup automatic payments. Call us at 1.800347-2683. You will need this statement and your
and all transactions must comply with U.S. law. You will be asked to provide the first
nt
k
b
,
accou
an
bank account information. You must ensure that sufficient funds are available in your
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
to correct an error In the processing of such payment. You must
li
bl
e,
ca
payment you authorize from your bank account, and to initiate debit or credit entries to your bank account, as app
tell us the amount of each payment or you can select an amount suds as the Minimum Payment Due or the New Balance on each statement. You can cancel a payment; however we
t 14M.347-2683 or by mail at the address listed in the previous
b
y one a
must receive notice at least three business days in advance of the scheduled payment. You notify us
we will tell you on each monthly statement when your payment Oil be made and how much it will be. Your automatic payment amount may
in amount
r
t
,
y
s va
paragraph. If your paymen
be less than indicated or 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
ort 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
ll
b
y rep
er.
report. We norma
us at the following address: Discover, PC Box 15316, Wilmington, DE 19850.5316. Please include your name, address, home telephone nurnber and Account num
Grace Period on Purchases (at least 25 days). We begin to impose Periodic Finance Charges on all transactions from die Transaction Date for the transaction shown on your billing
osted to your Account after the dose of the billing period in which it occurs, in which case we begin to impose Periodic Finance Charges on that
tion is
l
B
p
ance
a
statement, unless a transac
transaction from the first day of the billing period in which it is posted to your Account. We continue to Impose Periodic Finance Charges until the date you pay your entire New
making payments or receiving credits. However, if you paid the New Balance on your previous billing statement by the Payment Due Date shown
tement b
t
billi
f
i
y
ng s
a
a new
on o
shown on your
on that billing statement, we will not impose Periodic Finance Charges a1 new purchases. that is, purchases first appearing on the current billing statement, or any port
nt Due Date on your current billing statement. We call this the `grace period," There is no grace period on balance transfers or cash advances. As more
i
h
P
t
R
ayme
e
e
d by t
a
purchase, pa
fully described in the section of your CardmemberAgreement tided 'How We Apply Payments; we generally apply payments to your Account based on the Annual Percentage
This means that if you do not pay the New Balance on the current billing statement by the Payment Due Date shown on that billing
h transaction category
f
l
b
.
ance o
eac
a
applicable to the
depending on the amount of your payment and the Annual Percentage Rates on other balances, you may not get a grace period on new purchases.
then
statement
,
,
Minimum Finance Charge. We will charge you a minimum FINANCE CHARGE of $50 for any billing period in which Periodic Finance Charges of less than $.50 would otherwise be
unposed.
Annual Fee. If your Account has an annual fee, it will be billed at the beginning of each anniversary year your Account is open. The amount of the fee appears on the statement when the
The annual foe is not refundable unless yak notify us that you wish to close your Account within 30 (Jays of the mailing or delivery date of the statement an which the fee Is
h livA
f
,
ear ; ,
billed. You will receive this iekmdeven if you use your Card during that period.
our transactions into groups of purchases, cash advances, and balance transfers and then further soft the transactions within each group by
on
s
y
Periodic Fl4"M,
their Annuaexample, purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups. We refer to these groups a
ute balances and Periodic Finance Charges for each day of the billing period for each transaction category. We use the
we com
d
i
billi
p
,
ng per
o
transaction categories. At the end of each
following equation to compute Periodic Finance Charges for each transaction category:
ft 1g ri$ f? times (Daily Periodic Rate).
You may refer to the Finance Charge Summary on your billing statement for these amounts. Then we add up the Periodic Finance Charges for each transaction category to get the
Balance is shown as zero if. because of the grace period, no Periodic Finance Charges apply to the balance in a
e Dail
A
Th
y
verag
e
total Periodic Finance Charges for your Account.
transaction category. The Daily Periodic Rate is 11365th of the corresponding Annual Percentage Rate.
We use the Average Daily Balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. We compute the Average Daily
all the daily balances in a billing period for a transaction category and dividing the total by the number of days in the billing period.
addin
u
b
t
g
p
y
egory
Balance for each transaction ca
We compute the daily balance for each transacfion category on each day by first adding the following to the previous day's daily balance: transactions with a Transaction Deject that
the close of the billing period in which it occurs, in which case the transaction will be added
ft
t
er
a
day as shown on your billing statement, unless the transaction is posted to your Accoun
to the daily balance as of the first day of the billing period in which it is posted to your Account, fees dnarged that day and Periodic Finance Charges accrued on tine previous day's daily
In calculating the daily balance for the first day of
on that da
r
t
y.
y
ego
balance', and by then subtracting any credits and payments that are applied against the balance of the transaction ca
we consider the "previous day's daily balance' to have been your balance for each transaction category on the last day of your previous billing period.
i
d
l
,
ing per
o
the bil
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
and Balance Transfer Transaction Fee Finance Charges which are added to the applicable balance transfer transaction category.
or
tion cate
t
y
g
ransac
applicable cash advance
--_._, .....,._..___.._...__._-.?.n,...n...t.?........ 1-1 roll 4-Rnm.Yd7.7AdQ
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 Leader 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# 8383923
Sophia D. Minor
0185
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
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Discover Bank
Case Number
vs.
Sophia D. Minor 2010-5024
SHERIFF'S RETURN OF SERVICE
09/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 2 at 0906
hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Sophia D. Minor. After several attempts the Complaint and Notice has expired.
SHERIFF COST: $46.00 SO ANSWERS,
September 02, 2010 RON R ANDERSON, SHERIFF