HomeMy WebLinkAbout10-5765r
IN THE COURT OF COMMON PLEAS OF
11 'k,j CUMBERLAND COUNTY, PENNSYLVANIA OF R it K
-? '?`????
Discover Bank ; -2 11: 04
6500 NEW ALBANY RD CIVIL ACTION
NEW ALBANY, OH 43054
Plaintiff NL?v ZYL XNA
VS.
NO: 10 - 57405 a-tyit -Term
MARLIN H BIRDSALL
50 CARLISLE AVE :
ENOLA PA 17025-2204
Defendant
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 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.
MIDPENN LEGAL SERVICES
401 EAST LOUTHER STREET
CARLISLE, PA 17013
717-243-9400
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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:
MARLIN H BIRDSALL
50 CARLISLE AVE
ENOLA PA 17025-2204
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 MARLIN H BIRDSALL (hereinafter "Defendant") is an adult
individual residing at 50 CARLISLE AVE ENOLA PA 17025-2204.
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 6011002984806372.
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
number6011002984806372, 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 Defendant last made payment on August 28, 2008.
10. The total amount due and owing the Plaintiff including interest, is $13,531.76.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the
amount of $13,531.76 plus costs of suit and any other relief as the Court deems just and
appropriate.
Edwin A. Abrahamsen &
Michael F. Ratchford, Esc
Attorney I.D. Nos.: 862K
120 North Keyser Ave.
Scranton, PA 18504
mratchford@eaa-law.co
Phone: 570-558-5510
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.
ti
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DISCOVER`
CARD
NOTICE OF AMENDMENT TO DISCOVER-'t
PRIVATE ISSUES CARDMEMBER AGREEMENT
This notice informs you of changes to. the Discoverb
Private Issue,- Cardrnember agreement - that a ill be
effective and will apply- to your account for billing periods
ending after March 1, 2002, except as provided below.
If you do not agree to these terms, you must notify us in
writing by February 25, 2002, at the following address:
P.U. Box 30943), Salt Lake Cite; L7 84130-0943. If y_ 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. emote that these changes will not apply, to
E-our account if your Account is closed by February ?5,
2002. Be aware that calling us to indicate you do not
agree to these changes is insufficient notice. If you do
not ngtify 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 February 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.
Use of Your account
ate 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 your
dissatisfaction with a purchase. '
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The following is inserted as a new paragraph at the end
of the section:.
If a merchant fails to provide your purchase to vour
satisfaction and, at tour request. we issue a credit
to your Account. you Will be deemed to have assigned
to us your claim against the merchant find/or? any
third party for the credited anu,unt. Upon our
request, you agree to provide us With written evidence
of such assignment.
Unauthorized Use
tie are changing this section to inform j you that if visa
notih- us that your 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 --rn
membership, we rill attempt to provide your new
Account number to that merchant.. Hovve4-er, if vou.
no longer wish to continue the :automatic billing
arrangement, you must contact the merchant directly.
Monthly Payment Options
tt e are changing this section to elarift- that you must
make your payment in accordance with the terms stated
on your 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 Char-es
We are changring the Balance Transfer and Periodic
Finance Charges sections to provide that any initial
special rate on balance transfers and any introductoni, or
promotional rate on purchases will be subject to the new
Default Rates Plan section.
Default Rates Plan
VMe are adding a new Default Rates Plan section that
provides that we will review -our Account at the end of
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each billing period to determine the annual" Percentage
Rates that apply to your balance of purchases and
balance transfers. If your :account is overlifnit or we have
not received a required payment by the Pa}lnent Due
Date, we will terminate any intro ducton- or promotional
rate for purchases and any initial special rate for balance
transfers that currently apply to your recount. as well as
any- such rate that we have previously offered to you. and
apply the standard _-\nnual Percentage Rate ,,)r
purchases or increase that rate to 19.1}1>`', as descrlbCll
belo . For billing periods ending in March 2002
thrOUgh hilling periods ending in May "00". the new
rate will. apple beLrinning with the first d:n- of the billing
period following our review Of your -account. For hilling
periods ending after May 2002, the new rate will apply
he,4innin,, with the first day of the billing period in
lch we review your Account_ In reviewing c-our
wl
:account, we \+•ilI look at the current billing period as well
as the previous eleven billing periods. This means that
we may reyiev.' Four Account status as tar back as April
2001- If your Account was overlimit or we did not
receive a required payrnent by the Pa-vrment Due Date
during anv of these billing periods, this may cause an
increase. in the rates that apply to tour Account a
described below. This section will not apply to Old
Balances as that term is defined in your nionthlc billing
statement. The following section is inserted after, the
Periodic Finance Charges section:
Default Rates Plan. «Ve will review tour Account on
the last day of each billing period to determine the
-knnual Percentage Rates that will apply to -cur
balance of purchases and balance transfers. Any
changes to -our rates based on this re%iew will be
effective beginning on the first day of the billing period
in which we review your 'account.
If we aid not receive a t
which-
Payment Due Date during e billing period in
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.s
4
We reriew vour account. then any initial special
rate on balance transfers and anty introductory or
promotional rate on purchases that currenrI
applies to your Account, and ant- such rate that ire
have previoush- 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 PERCENTAGE RATE
for purchases will be increased to 19.99% (which
corresponds to a Daily Periodic Rate of .05477%).
If your outstanding balance exceeds your Account
credit limit as of. the day we review your Account
and vour outstanding balance exceeded Vour
:account credit limit as of the last day of anv 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 vour balance transfers and purchases
as sell as any introductory or promotional rate on
purchases and anv 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 A-N'.NLiAL,
PERCENTTNGE RATE for purchases will be
increased to 19.99% (which. corresponds to a Daily
Periodic Rate of .05-177%),
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Returned Check Fee
We are changing this section to provide that we will
charge you a Returned Check Fee rgardless of
whether you authorized us to initiate- the debit
transaction in writing, electronically or orally.
Late Fees
tVe are changing the amount of the Late Fee from
S29 to an amount based on your outstanding halance.
The amount of the Late Fee is based on the sum of -,il
outstanding purchases, cash advances, balance
transfers, other charges, other fees and Finance
Charges at the end of the billing period. If the sum is
less than S 100, the Late Fee is S 15. If the sum is equal
to or greater than 5100 and less than S1,000, the Late
Fee is S25. If the sum is equal to or greater than
S L.000, the Late Fee is S3 5.
Electronic Communication Privacy and Change
of Terms
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 anv
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
automated telephone equipment or prerecorded
telephone calls. We are also changing the Change of
Terms section to provide that cve may offer rou the
opportunirv to receive a change of terms notice rhrouih '
any electronic medium. `
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NOTICE OF AMENDMENT TO THE DISCOVER=
ACCOUNTGUARDsm TERMS
AND CONDITIONS
If you are enrolled in Discoverb AccountGuard"'
protection, an optional provision of your Discover
Cardmember A-reement, this notice informs you of
changes to the current Terms and Conditions, efTecrite
January 1, 2002. Please refer to your Discover
kccountGuard Terms and Conditions for details.
Please retain this notice for your records.
I-Me are modifying the General Activation
Requirements. You_ no longer must notify' us and be -
approved for benefits within 90 days after the start of a
Covered Event. You must now notifv us of the start of a
Covered Event as soon as is reasonably possible.
1-1'e are eliminating the section entitled No Second
Round of Benefits within Three Billing Periods of
Benefits for Another Covered. Event. You will no
longer have to allow three billing periods bet«veen the
occurrence of another Covered Event.
V
DISCOVEK
CARD
PRIVACY POLICY
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
services, along with the peace of mind knowing that your
privacy is secure. t e understand your concerns about
guarding information about you and your Account. 'v e
want to assure you that we have taken steps, and will
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. ?Ve hope our Privacy Policy will help you
understand how we collect and share information.
1. 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. ? e 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:
We may obtain information such as your name, address
and date of birth from applications and other forms You
submit to w. '
• 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.
• ?i;e may obtain information such as the balances of your
loans with other lenders and your payment history VVith
others from consumer reporting agencies.
• V 17e may obtain information such as your Internet
sen ce. provider, your domain name, your computer's
operating sy=stem and ?N'eb browser, your Vkleb site use
and your product and service preferences from hour
visits to our Web sites.
2. Is Personal Information Shared with Others?
We limit the sharing of information with others. Many 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
Cardmernbers, 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
Cardmembers on behalf of the retailer by, for example,
including an insert in their monthly billing statement or
mailing the offer ourselves. We control the information
used to make the offer, we. do not share the list or anv
information' about our Cardmernbers 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, hovvever, circumstances in which we may share
the information «-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 your
Account effectiveh; as detailed below. We require these
companies to adhere to our privacy standards and to use this
information only for the limited purpose for which it was
shared. XV-e do not allow them to disclose it to others
without our prior approval.
a. Sharing Personal Information with Our Corporate
Family
IX e are part of the Nforgan 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 described
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 1;-ith NIon-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.
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c. Sharing Personal Information with Others
We may share the information we collect about you, as
--'; described in Secti on 1, with companies that perform
support or marketing sen.ices on our behalf, such as
mailing, market research and data processing; other
financial institutions vc ith which the have joint marketing
agreements; or companies that are our partners for
cobrand credit card programs or reward 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?
VVe maintain physical, electronic and procedural
safeguards to protect the information we collect about
vou. Access to such information is restricted ` to
indi-6duals who need it in order to ser%ice your ?account
or provide products and services to you, and who are
trained in the proper handling of such information.
Employees who violate these confidentiality
requirements are subject to our disciplinary process.
Where third parties provide support servvices, 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,
P.O. Box 30943, Salt Lake City, UT 84130-0943 so
that we can update this information.
4. How Con You Limit Sharing of Information
About You?
VMe respect your privacy and offer you choices as to
whether we may share information about you with
others. If you prefer that we not share the information
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we collect about you, as described in Section 1, 1with
non-affiliated third parties or if you prefer that we not
share that information with companies in our corporate
family, you may opt out, 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
you will not receive otters for products and services
proEided by other companies that could help you to«Ter
-our 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 again unless
you decide to change your preferences. Your written
request should include v our name, address, telephone
number and Account number(s) and should not be sent
with any other correspondence. In order to process your
request, we require that the request be provided by you
directly and not through a third party. You will need to .
provide us with your preferences for each credit card
account you have N,6th 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 by
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
experiences and transactions with you, such as your
account balance and payrnent history, with other
members of our corporate. family. If you are a new
Cardmember, we will not share any information about
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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 you may
continue to receive marketing offers directly from other
companies that Are 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. l`e 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 services offered in
connection with those cards, including The RegisterO card
registration service (-%rith 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. Cardmember Agreement and provides a
further explanation of how we collect and share
information. You may have other rights under state laws
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 services
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 DLwmer Bank. Member FDIC. PRVCYOIQ?POS?
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
???u?pr' of L au?br???,rtA
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I" 1"-0J 11 i!UNOTARY
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
t
Discover Bank Case Number
vs. 2010-5765
Marlin H. Birdsall
SHERIFF'S RETURN OF SERVICE
09/23/2010 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: Marlin H. Birdsall, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Marlin H.
Birdsall. Request for service at 50 Carlisle Avenue, Enola, PA 17025 is vacant. The Enola Postmaster
has confirmed, Marlin H. Birdsall has moved and left no forwarding address.
SHERIFF COST: $41.50
September 23, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) GountySuite Shenff. Teleosoft.. loc.
David -D. Buelr
Prothonotary
Office of the Prothonotary
Cum6erfancf County, (Pennsylvania
rkS. Sofionage, ESQ
SoCcitor
/1) -.3' WASCIVIL 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 —THE ABOVE
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 ® Suite100 ® CarCisCe, TA ® (Phone 717 240-6195 0 rFa..717 240-6573