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Home My WebLink About10-5200I a0/o #V&- ID P1aC r X53 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. THOMAS C MERRILL Defendant No : 10 - Saco (1Vi I Terw COMPLAINT IN CIVIL ACTION 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 08471215 C A Pit EMR a 4ia.oo Po nml e,l 4&rA S4 q P-, a(t04% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No THOMAS C MERRILL 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: THOMAS C MERRILL 153 15TH ST NEW CUMBERLND, PA 17070 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4658 . 4. Defendant made use of said credit card and has a current balance due of $8422.31 , as of June 09, 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 29.9909.- per annum on the unpaid balance from June 09, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 11111 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 , THOMAS C MERRILL individually , in the amount of $8422.31 with interest at the rate of 29.990% per annum from June 09, 2010 plus attorneys' fees of $125.00 , and costs. James c. VfaVmbrodt,42524 WELTMAN, E ERG & REIS CO., L.P.A. 436 Seve h Avenue, Suite 1400 Pittsbur h, PA 15219 (412) 43 -7 55 FAX: 41 -3 8-7130 0847121 A Pit EMR This law firm is a debt collector attempti" to collect this debt for our client and any information obtained wily be used for that purpose. '? New Balance Minimum Payment Due Account Number ending in 4658 DISCOVER $0.00 $1,795.00 Enter Amount Enclosed Below Payment Due Date $ -? Anse 26, 2010 31 SDSNSA010005312 THOMAS MERRILL 153 15TH ST NEW CUMBERLND PA 17070-1105 Address, email or telephone c l Go to wwwMiscover com or print change in space above. Go paperless and make your account information more secure with password- protected statements only you can access Learn more at discover comipapertess. PO BOX 6103 III 19 aIlrslnIlls r,llrlIIAI CAROL STREAM IL 60197-6103 000001986458231598372000000000000000179500 Opening Date: May 18, 2010!,- Date: Discover More Card Account Summary Account number ending in 4658 31, 2010 page 1 of 1 Payment Information New Balance $0.00 Minimum Payment Due $1,795.00 Payment Due Date June 26, 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 29.99% variable. Previous Balance $8,422.31 Payments And Credits 8,422.31 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fesill hee Charges + 0.00 Other Fees t + 0.00 New Balance 0.00 See Finance Charge Summary sedtion followi ng transactions for detailed APR information credit line $7,100.00 ChkliTtlh6-AV hble ---------------- ------$0b0- Cash Advance Credit Line $3,600.00 Cash Advance Credit Line Available $0.00 t See transaction detail for a description of any fees CAShback 5MUS7 Anniversary Month May Opening Cashback Bonus Balance $ 0.00 New CaAback Bonus This Period) + 0.00 F.Qik -;" Baru. Bdarce $ 0.00 To loom mare, 69;n ah www.Disc jcom and sdscl Rewards Manage Your Account Online at www.Dmcaver.com Securely access statements and free online tools, pay bills online and track and view all transactions simply aril easily Make your money worth moreW-find easy ways to earn ---- andredeem cn,hrewards------------------------------ NEWI Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1. Access your account securely at www.Disco~.com 2. Call 1-8004NSCOVER (1-800.347-2683) Please have your Discovers card available. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800.347-7449. Transactions 11ra"s. rum Dolls Dab Paymehh and Credits May 31 May 31 INTERNAL CHARGE-OFF Finance Caalrge current billing period: 14 days MAN ffilawammus V - Variable Rate See reverse side. $ .8,422.31 -•, Nominal ?r use ai ANNUAL Periodic F Daily 6 is P PERCENTAGE PERCENTAGE FINANCE FRdANCE ES des Rates RATES RATES CHARGES CHARG $0 0.08216% 29.99% V 29.99% $0 $0 s0 0.08216% 29.99% V 29.99% $0 s0 EXHIBIT 1 DISCOVER I mportard Womnsdoe. 0 there Is mote than one pa s to to bitting stalement, see the back of each page for aldki W npatant inbrmaton Bee yaw Cardmember Agreement. Your Apreennerml conans ad the terms of yourACeanl Loot or dotan aerdt Report immediablyl Cat 1 7.26U. BYlno RlghM Suernsrlk In Can* of Snort a About Your Flt: t you hoot your bid 's wro g or I you need mom nfamabon about a trarmcbon on your bid, wile b us on a sepaksb sheet of paper at Dscovar, PO Bak 30421, lake City, UT 84130-0121, as soon as possible. We must hear ban you no later Clan 60 days almr we sent you the first bid m Much to ens or problem appeared. You can us, but dorg so vat not preserve your rights. In year tiller give us to Milowtrg n(amabon: You name and Account number. • The dollar amount of to suspected error • Describe to error and w0ain, If you can. why yookme? bekew there Is an error. B you need mote tiitonnatiam. describe the semi you are unsure about You do not have to pay any mix" in question whielwe are kwKstgamag, burl you are still didpled b pay to parts d your bit tat are not in question White we swestigale your question, we cannot report you as delinquent or fake ?v1k action to collect the amond you quesim. Special Rub (m Cr dtt Card Purdraaes: 9 you a problem vrith Be quality of goods or services to you purchased with a credit card, and you have tried in good NO to correct to Problem with the rnerdanf you may not have b to remaining amouni due an the goods or services You have tits protedkorm only when Cue puurdnase price was more than $50 Mly and Il a purduse an made in your have slels or 100 miss of your madng address (if we awn or operale Coe merchant, or if wan mated you to adwrbeernmt for the goods or services. all purchases are covered regardless d the amount or location of pnmrcese.} PsymenmM. Said only your payneot and the bP of to statement in the envelops provided. Do not send rash By sending your died as described shwa, you autlarve a to use kdormaaeem on your died b make in decamc Und Irmler ban your amours at the MWKW nadabn indicated on your check or b process she payment as a dwdk Wsacbm t paymerd a processed as an ekcuaac had the transl r wry be for to amount of to check When wrs use nkxmstom from your dhedk to make an sledrow fund transfer, finds may be wiCdrawn from your accent as am the same day we receive you papoerd, and you vii not room your dkedc back tan your financial islaubm The processing of your payment may be delayed Y send ask, correspondence or other tame with your payment, d you sand the payment to any ether add ears or if you use an envelope other than the one pwMW Psymmis in proper loan at err processing faCBly by 5PM local line on any day vii be rredeed b your Account as of bat day Payments received atour taoskly der SPM local Bill i, Card Sire t)`lb1". Z Z stow 7- vii be cradled to your A rd as d the nerd day M you have misplaced your envobge, send yarparnefht to Qicmver, PO B 0 kliyi k i daiviniy If yirar peynwM is returned unpaid. we reserve the right to resataM k as an electronic deb You an pay your minimum payrnere a a tyneabr over the klaphme, and you can set up au for abc ww" Cal us as t-800.347-2683 You vat need to starer d and your bank eccout lnfamalim. You nmksl emote thal lards are avaiable in your bat accent, and at transactions cost on* with U S sar. You vii be asked to provide to fast 5 digits of yaw account abteamarmt ZIP cads. 8y none numbers as your aledrork signature. you wi be agreeing to ths auChafta6m b allow to and your bank to dedud each paymeot yoautiorae you batsc acoous and n ftb debt or ousdA entries to your bank accasd, as appicebs, b caned an error in to processing of such payment. You must led us the payrnent a you an an amours such as to W w" Payment Due or the New Balance on each swasiment You can arkcel a paymad: however we must meem noboe at least three bksnhesa days in of the scheduled payment. You may needy us by phone N u800?347 2883 or by mall at the address kind in to previous paragraph. If your payrreMa vary in amomrn, we wart you on each rrerdity tlebnmers when your payment wile be made and how much it will be. You ardaretic j>aynmea amount may be lots turn indicated on the nmoeehy aMlernent an craft or payments applied daft the biding cycle Credit Repotlag. We may report nlemWan about Attard to credit bureaus, late payments, missed payrmnb, or der defaults on your Account may be refimed In you ova Won. n orm report of your Account b credit reporting agencies each month. 0 you believe thal our report is naccu ale or eomhpkk, please write he Oracover PO Ban 15318 bloiiiag us at address. _ IMningbn. DE 198505318. Please include you nanhe, address, home Iritephme number and Account number. Grace Period on Purchase (at Mast 2S Asysp boon to compose Fall iodic France Charges an aid transacbore Fran the Transaction Dale for the basscifm showrk on your Wing staMrrent, unless a Imsacbm IS posted b you after the dose of the Will period in Wwh t occurs, In which case we begin b Fhmpose Periodic France Charges on dust transaction from the first day of the biding period n k is pasted b your Account We ocmnne b nlposs Pack Fiance Charges w* to date you pay your ease New Balance shove m burg SWAff t by Me" on But bid g statenhen4 we vA not Impose Parodic a receheg credo. However, t you paid the New Be*= on your prewus biding alaleneml by the Payment Due Dale shown race Charges an new pudreses. Out is. Purchases fast appealing on the curd bung slamemerd, or any palm of a new purchase. pad by the Payment Due Dab on, your blsq stalaneot We cal on to Vace period.' There is no grace period an balance Iramlers of ash advances. As more lutyr described in the sedim it your Canim ember tllad New We Apply Paynenb we generally apply paynerds to y-Aocomt based an McAmual Percentage Rate appicabk to the balxma of each tramacbon . The means dual d you do not pay the New Balance on the current bring sla er errs by the Papeni Due Dale shown m that billing absneM, then, depending on the smourd d your and the Annual Percentage Raba on Mar balances. you may not get a grace penod on row purdeses Mirilrnr Ftrhance Charge, We vii charge you a n lsrhm FWANCE CHARGE of 5.50 for any ding period in which Per odic Finance Charges of less man $60 would otavrte be Annual Fee. t your Account has an annual lee. It wA be bided al to beginning of each aalvesary year your Acoard is open. The amount of to be appears m the stakrnerd wham the -- keaLietl Theanakdlaes[wr ableunkss?okknehfyme-Vdyoa•rash:.rice:ynaMcountwt* Mftsrdthenha6ng.00eWerydakutJdeslataaantoawt>mcmdisWs - bided You wit raw" tots refund am k you use yo* Card drag that peso 1. Palodb Finance Charges. We sort your warncack their Auroral Percetage Rate For example, p rcha transachon camoaes. At to end of each bang pair lolbwag vquekm b oonpule Periodic Fiance dw (Average Defy Balance) limes (days n billing penod You rrW$2*fishos Charge Sumwy on l trial Peak Finance Chagas for your Account. Th transaction awagoryc The Daly Periodic Ram s ifdt We use the Average Wily Balance (rndnang new t Balance fa each lrensaidon category by adding up Wa compule the daily balance fa each transaction i ot as shom on of f to the dally balance the 5f day, d baling p balers: and by then subtracting any credits and pa the bieg pariod, we consider the prewar days d Ail fees charged b WxAccount are added b the el appica* cash advance hansacbn camgay and E For TW Dairies for the Be Decovar may monitor andlor raced telephone cats CMIO The OWww6 and is issued by Discover Be dub groups of p vcaset, cash advarnces. and balance trarsfen and than further sort to transachams vathn each trop by i sublect b a promotional rab and purchases subject b a sbmdard rate world be separale grape We rater to these groups as , we am" burl== and Parink Finance Charges for each day of the billing period for each hamacam asgory We use the e for each bansac on category. mss (Daly Parodic Rent). r b* o afaMnerd for tese anotdt. Then wa add up the Periods France Charges for each hansacbon category to go the terage Daily Balance is shown as zero t, because of the grace period. no Periodic Finance Charges apply to the balance in a m of the corresponding A=W Parentage Ram actom) manod d kalasaMg the balance upon which via impose Penixlk Few" Charges. We cortpuM tsAverage Daly to daily balamas in a Will period lax a transaction 0"" and divdi g she total by the number of days in the ping period spay on each day by Crel adding the kllowag to the previous days daly baarma, transacsom wuth a Transacbm Date of that saceon a paned to yourAcconrs suer to dose of the being period in Much it occurs, in which rase the transaction amt be added d in w 0hich it a posted to yourAccow, fees changed that day and Periodic Finance, Cages eowAd on the previous day's daily ens diet are applied against le balance dime transaction category on dust day. In alalatng the daily balance for the first day of balance to have been you balance for each transaction category an the last day of your previous Wing period Bard purchase trwsu:ion caMgery kWh tie except on of Cab Advance Trtvmsadm Fee Frwroe Charges wick are added to the nce Trander Transaction Fee Fires m Charges whldh are added to the applicable balance transfer transaction category. assistance, plow eat 11411111W.7449. you and DWDw repasenairm for quality assurance purposes FDIC PA0210 0 CI) QgQ rid N VERIFICATION The undersigned does horeby 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# 8471215 Thomas C. Merrill 658 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY QE THE ~?r~~~.~~TARY ~~~,ftity ~t ~~ranb~~,~~'~ i ~-~~~ ~0 AUG 31 QM 8~ 3? ~'.'~ ': i~,, `fit ~!Fr:iGf < -~- ~'+~RIFF W1Y1r«1~t it~,"'~'~iU WUIrf i I'~iNSYi.VJ41WA Discover Bank Case Number vs. Thomas C. Merrill 2010-5200 SHERIFF'S RETURN OF SERVICE 08/24/2010 07:24 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to w, states that on August 24, 2010 at 1924 hours, he served a true copy of the within Complaint and Not' e, pon the within named defendant, to wit: Thomas C. Merrill, by making known unto himself pers all , at 3 15th Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents an a sam time handing to him personally the said true and correct copy of the same. S WN HARRISON, DEPUTY SHERIFF COST: $58.60 August 26, 2010 SO ANSWERS, ~~~^~"~~ RON R ANDERSON, SHERIFF (c) CountySuite Shenft. Teleosoft. Inc. . ~'~~~.~~ 1G' ~ ll..~. _i l- ~`~t`J~~~u ( ~i 1~. ~:. .3 t bU ~,~ .~~~,,t,t ti8 r 1.' r1 ~~,~ .. .._ i _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL bNISION DISCOVER BANK Plaintiff vs. THOMAS C MERRILL Defendant(s) No. 10-5200 CNIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE TO REFII,E FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA LD. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#8471215 DIS .` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-5200 CNIL TERM THOMAS C MERRILL Defendant(s) PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE TO REFILE TO THE PROTHONOTARY OF COUNTY: Settle, Discontinue and End With 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: , Benj e , squire PAL . #9 98 WEL M , WEINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#8471215 Sworn to and subscribed Before me the ~7 Day of ~(}/~ OTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila G. Bevan, Notary Public Ross Twp., Allegheny County My Commission Expires Nov. 15, 2010 Me~m1',ti!r, p!!nnawlvania AsseEiatian of Notaries l ~.;, i~~ F .~ts.: E~1~leFi`Y4.i~i'~i5 Y 2~ I D F,Q'~ -3 f'~1 1 ~ I+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. THOMAS C MERRILL Defendant No. 2010-5200 PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE 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 15219 (412) 434-7955 WWR#8528429 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 2010-5200 THOMAS C MERRILL Defendant PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Please kindly Settle and Discontinue the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. PA I . D. #~ 1400 Ko 436 Sev Pittsbu gl (412) 34 SWORN TO AND SUBSCRIBED before me this ~~ day of ~ , 2010 NOTARY PUBLIC COMMOIVWEi1LTFi GF FEPVNSYL~I~l~6IA NcaiBrlal Sea. Sheila C. E3eran, Plotary public Ross ~wp., Aitay~hery ~ovnty My Gommassion ucpirc~s N~~--. 15, 20sc7 Merr~~er: perl;asvlvrrnia ~~sceiation of holarits Esquire ors Building h Avenue PA 15219