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HomeMy WebLinkAbout10-5833FILED-C'FIrCE T Y OF 714E 3: 55 CUP?1 w.; ;', : bit PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. STEPHEN U NULTON Defendant No. 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. 4367 th Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR#7956828 c?9077 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. STEPHEN U NULTON Defendant COMPLAINT IN CIVIL ACTION 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 CUMBERLAND COUNTY BAR ASSOCIATION, 2 LIBERTY AVENUE CARLISLE, PA 17013 (800)-990-9108 COMPLAINT 1. Plaintiff, DISCOVER BANK is a corporation with offices in 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054. 2. Defendant is an adult individual residing at STEPHEN U NULTON, 133 Sunset Dr; MT HOLLY SPRINGS, PA 17065 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 8360. A true and correct copy of the Cardmember Agreement is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of November 07, 2009, in the amount of $6649.97. A true and correct copy of Plaintiffs Statement of Account is attached hereto, marked as Exhibit "2" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 29.990% per annum on the unpaid balance. 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 principal balance, finance charges, attorneys' fees or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, STEPHEN U NULTON individually, in the amount of $6649.97 with continuing finance charges thereon at the rate of 29.990% per annum from 29.990 plus attorneys' fees $125.00, and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. VAUnbrodt, Esquire PA ID#: 4 52 WELTM N, EINBERG & REIS CO., L.P.A. 436 7`h ven , Suite 1400 Pittsbur h, P 15219 (412) 4-7 55 FAX: 1 eV30 WW 7956828 ViS(. V tK $6,649.97 CARD 15 SDSN6A01 0003847 . STEPHEN NULTON PO BOX 5402 HARRISBURG PA 17110-0402 $6,649.97 _I Enter Amount Enclosed Below Payment Due Date $ S? T,:? p November 10, 2009 Please make check payable to Discover Card. Minimum ppayyment due includes a past due amount of $1,368.00. Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the same day. Visit Discover.com/payments today. PO BOX 6103 111111111111111111111111111 CAROL STREAM IL 60197-6103 11111111111111111111111111111[11111111rrn111111lIf 111111n11 000001986458053470775066499700000000664997 Discover More Card Account Summary Closing Date. October 15, 2009 page 1 of 1 Account number ending in 8360 Previous Balance $6,649.97 Payment Due Date November 10, 2009 Payments And Credits 0.00 Minimum Payment Due $6,649.97 Purchases + 0.00 Credit Limit $7,500.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance = $6,649.97 Cashback Bonus® Opening Cashback Bonus Balance New Cashback Bonus This Period Cashback Bonus Balance Cashback-BonusS Anniversary - Date: August 15 $ 0.00 + 0.00 $ 0.00 How Can We Help You? 1 . Visit Discover.com to pay your bil for no cost, view your latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) For fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager 3. Write us at Discover Card, PO Box 30943, For TDD (assistance for hearing impaired) see reverse side Salt Lake City, UT 84130 AniBiT Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 15 days Purchases $0 0.08216% 29.99% V 29.99% $0 $0 Cash Advances $0 0.08216% 29.99% V 29.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above Important Information. If there is more than one page to this billing statement, see the back of each page for additional Important Information. See you Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account Lost or stolen cards. Report Immediately! Call 1-600-347-2663. Bllllria 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 trans coon on your bill, write to us on a separate sheet of raxper at ulscover Card PO Box 30421 Sall Lake Clty? UT 84130-0421 as soon as possible. We must hear fe yoo ltan 60 daent ythf!rsf bll on which the error or problem appeared. Vou can telephone s bt doln swnot reservoughsIn youetter, ive ute foloing information: Vou' namI ad AccounumbeY Thdlar amounoT suspected error • Describe the error and explaih, if you can, why you believe there Ian error. !1 you need more information, describe the Item you are unsure about You do not have to ppaavv an amount in Question while we are inves0 atln but you are still Doll ated to pav the Its of Your bill that are not in question. While we investigate your question, we cannot report you da quertt or take any a Ion to collect tht amount you question. cial Rule for Credit Card Purchases: If you have a problem with the quality of Dods or services that you Durohasad with a credit card, and ue have tiled in good faith to correct the problem with the merchant may not ?ave to pa the remairenQ amount due on the goods or services. It have this protecU only when the purchase price was more than 50 and the purchase Was matle in vo0r home state or withlit 100 miles of Your mailin({l?address. (of we own or opefate the merchant or if we gal ed you the advertisement for the g s or services, all purchases are covered regardless bf f the amount orlocaUon OT purchase) Payri?ills. Send onlv o r eni and th to rtlon of this statement In the envelope p Quid d D n t send cash. g? sendin Your c k as described above,yo?ut?io?i? us to use In?fomQaUOn on yo r check to make an electronic ?und ?rans?er ?rom your acco0nt at th? iinanc a? Insiltution Indicated on ?rour check a to process the payment as a Check transaction. If yment is processed as an electronic Tund transfer, the transfer will be for the mount of the check When we use Information from r check ?o make an electronic Tund transfer funds maY be withdrawn from your account as soon as the same day we receive your pa ent, and you will not receive your check back from your financial n9 of y payment mu be deIr if you send cash co' rdence or other Items with )pur payment, Ifs$In send the payment to st or ii you u3e an envelope other tharf the one rovided. Pabments received on or after 1 PM at Bur roc ea facillt? Arlondav or on a weekend or bank holiday will be posted to your Accdunt as of the next business day. IT you hAve misplacedyD%r envelope lent to Discover Hank, PO Box 6103, Carol,, Stream, IL 60197-6103. Please allow 7-10 days fer delivery. It your payment is returned' indicated on the mommy state am01ccooullnRl rd+a bbee??lroefvlYeaeteil re DE it9650=5316. Please includ Grace Period on Purchases (i transaction as shown on rI In which case we begin to im`` Account We contini? to Imps However, if you pale the New imount over the telephone, and you tan set u automatic payments. Call us at 1-800-347-2683. nYou must an ure th2t sutUcient I rids are avahab ee In Your bank account, and all sked to provide the first a digits of Yyoouur account statement Zip ode. 88yy enterln those eein to this authorization to allow Viand your bank to dedut each p?yment u a thorize t en es to your bank account as a plicae,, to correct an error in the rocess n such nt or you can select an amount such as the Minimum Payment Due or a New Balance on we mast receive notice at least three business days In advance of the scheduled payment You I at the address listed in the prevlous paragraph. IT your payments vary in amount we will tell vill be made and how much R will be. You automa c Payment amou t may be less than or payments applied during the billing cycle. Information about yvoour account to credit burea s. Late payments, pissed ppaayyments, or other defaults on Yyoouur r credit rreepoooritt We nbrmall re rt the status ane a gent history of Yvoour Abcbunt to creddit coing a-Wilmis each re rt is inabct?rete or Incom`Ilelease 1rite us I e Tollowir?address: Discover Card, PO Bdx 15316, -Wilmington. e °our name, a dress, home ep a num rand ccountt num r. to AN th?epaflo s InUv hiceh it occurs wIch it is pose?dd to ur iyments or r9e ving credits. statement and you pay the R urcnases first appearing on the current Dining statement vve can tnis me --grace penoo.- i nere is no grace penoa on oaiance transfers or casn dvances. 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 othbrwlse be Impose . Annual Fee. If your Account has an annual fee, It will be billed at the betlnninD of each anniversav ?earrurtAc ntwish?to closeeyou Account the fee a?Dppeears on the statement when the fee is billed. The annual fee m, not refundable unless vo within 30 days of the mailing or delivery date of the statement on which the fee is billed. You will receive this refu d even if you use your Card during that period. Pariodle e Charges. We sort your transactions Into slrou of purchases, cash advances and balance transfers an then further sort the transactions thin eac group by their Annual Percentage Gate. or a amble purchases sub!ec?to a promotional to paen purchases sub ectto a standard rate would bidhseparate 9 anCh day offtthe billing ep6hood o arid Periodic Fina raeat hntraa nlsactioneCategory. We usedthe followiinynagU do too comp to P?odlc Finance Charges for each each a jrS fn or sact oonn category (Average Dally Balance) times (days in billing period) times (Dally Periodic Rate). ((Vou mayV refer to the finance charge summary on your billing statement for these amounts.) Then we add up the Periodic Finance Charges for each transact!bri cater to et the total Periodic Flnante Char eS for ur Account The Average Daily Balance is shown as zero If, because of the grace period, no Periodic Ina ce Char as a to the balance a tra saction ca eeorv We use the Averse aily Balance ?onoCludin new transaactions method oftcllcZatl athe balance uppn which we Imppopse Periodic Finance Charges. We comoui the AVerage Dally Balance for each transaUon category by adding up all the dally balances in a DIIIIna period for a as close on ve we case the Fee which has e rn a rn z m 0 °o 0 V N 0 AJ1ZA..UV CK $6,649.97 CARD 15 SDSN6A01 0003847 . STEPHEN NULTON PO BOX 5402 HARRISBURG PA 17110-0402 $6,649.97 Enter Amount Enclosed Below Payment Due Date 7 S4 4 November 10, 2009 please make check payable to Discover Card. Minimum pa ment due includes a past due amount of $1,368.00. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the same day. Visit Discover.com/payments today. PO BOX 6103 IllrrrlIM11rllrl1111lrrll CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. tXNlbll 000001986458053470775066499700000000664997 Discover More Card Account Summary Closing Date: October 15, 2009 page 1 of 1 Account number ending in 8360 Previous Balance $6,649.97 Payment Due Date November 10, 2009 Payments And Credits 0.00 Minimum Payment Due $6,649.97 Purchases + 0.00 Credit Limit $7,500.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance = $6,649.97 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback-Bonuse Anniversary Date: August 15 Cashback Bonus Balance 0.00 How Can We Help You? 1. Visit Discover.com to pay your bill for no cost, view your P latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347.2683) for fast, easy self-service options or to speak with a Customer Service Account Manager Please have your Discover Card available. 3. Write us at Discover Card, PO Box 30943, For TDD (assistance for hearing impaired) see reverse side Salt Lake City, UT 84130 EXHI8IT Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 15 days Purchases $0 0.08216% 29.99% V 29.99% $0 $0 Cash Advances $0 0.08216% 29.99% V 29.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Important Information. If there is more than one page to this billing statement, see the back of each page for additional Important Information. See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account rn 0 Lost or stolen cards. Report immediately! Call 1-800-347-2663. Cn z 81111ng Me 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 o trans3noTi on yyoour bill, write to us on a separate sheet of paper at Discover Card PO Box 30421 Sall Lake CItt?y.? UT 84130-0421 as soon as ppossible. We MIM hear from you no later than 60 days after we sent you the firs{ bill on which fhe error or prMem appeared. Vou can telephone o0 Us but doing so will not preserve your rights. In your"letter, give us the following Information: o a Your • The dollarr amount of the nsusppeected error about DDescribe the error and expiaih, if you can, why you believe there is an error. If you need more information, describe the item you are unsure N You do not have to pa an amount in question while we are InvesUgaUng,but yvou are still obligated topv the parts of your bill that are not in 0 question. While we Pn?eSU M your quettion, we cannot report you a3 deITnquerft or take any action to collect the amount you question. Special Rule for Credal Card Purchases: If you have a pproblem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant you maY not tfave to pay the remalrnng amount due on the Goods or services. ou have this pro on oNy when the purchase price was more than ;5o anChe purchase MPas made in yo r home state or withih 100 miles of your matlin address. {{If we own or operate the archon- or it we mailed you t e advertisement for the goods or services, all purchases are covered regardless the amouint or location bt purchase} Paavymm?ents. Send only yp?rr payment and th too portion of this statement n the envelope rov*dad. Dq npt send cash. By sending your chBCk as descrlDed above, You( alititorizE us to use In ornfatlon on r check to rtta a in E1?8'?'flcpTAM transiar Wom your account at the i nanclal instltvtion ndicated on your check or toprocess theent as a ch?eclc traYnoSaCUon. If tnlvment Is as an electronic fund transfer, the withdraw itrom tortir accou°ot as° soon as the same day we Irtcehre UUallrtromrrfenutr and k lu v? ill Gan rt heckebasctkrl rom ds may be Institution. y YOU you yo your financial The processin of your payment may be delayed it you send cash Corr s ndence or other Items with your payment ii u send the payment to an other aaddres?3 or if oy u use an anveloupee other Mari tnpoe one proutded.ents r4ceived on or Grier 1 YM at oaf sl o faelli NiaflGty thuyou h Fnda or on a weekend or bank hdida wi I be sled o r A nt as of the next business day. It you n ve m sp?ac? it anus ode send our pa ment to DisGOVer Bank, PO Box 6103 Carol, Stream, IL 60197-6103. Please allow 7-10 days idr deTlyery. If your payme t is Yetium d unaai, we reserve the rig9ht to resubmit it as an electronic debit g You can?ay ur minimum payment or Greater amtal?tt Aver the teleDltone, and noun set froutomaUac pays in your lbankaaecou t3and2all 3 You will. n d this statement.and_ Your bank punt InforrnaUan. You Inus34ur4 trtAt #u dent Tun are va0a01 can Bean cancel a?oalrthreit hnoweflar*0 mOStut' iva notice aatlettttt b?tls[ness damvsuin adUanee outhe?, Mldmwn F name Chimarpee We will chartte you a minimum FINANCE CHARGE of $.50 for any billing period In which Periodic Finance Charges of less than $.10 would othz;rMse be imposes. Annual Fee. If Vyour Account has an annual fee, it will be billed at the b inning of each anniversary year our Account is open. The amount of the fee ars bn the statement w?ten the fee is billed. The annual tee I not ratundable unless vo0 ffotif us that you wish to close your Account within 3asays of the mailing or de ivery date of the statement on which t e fee is bbfiled. You will receive this returid even if you use your Card during that period. Periodic Finance Comes. We s91 Your trans coons into roue. of urchases, cash advances and balance transfers and then further sort the transactions within eaclf rou by ir Annual en} t?Wa or am a ?i rchases subs to a promotional rate and purchases subject to a standarQ rate would be s? to groups We rata to theme rtwps as nStu ??e?des. At the end of ?acn b?ilin ?r?od, we compu balances and Penodic Finance Chatsaes for each day of the billing polod for sac transaction category. We use the following ?quaUon to compote Periodic Finance Charges for each transaction category. (Average Daily Balance) times (days in billing period) times (Daily Periodic Rate). (You may refer to the finance char a summaty on Yyour billing statement for they, amounts.} Then we add up the Periodic Finance Charges for each transaction cateaoni to pet the tots Periodic Finance h gas for your Account e Average Daily Balance is shown as zero if, because of the grace period, no Periodic Finance Ca roes a Its to the balaCnce In a transaction rv We use the Average Dail Bal?nce Faudin new transactions' method c(ulaU?o the lanceurnttwhich we lm Aa Periodic Finance Char es. We com tt the a patty Ba anth for each 0711 '-ion add a up ma doy ?planC?s in a lin pertod tof a trans?acUon ca and divid n ?e total Ipy the number of rays In ate txunuwtdt the dlylanrx for transat UOn catepory on each day byTirst addinapthe ollowin9 to the provlous days d??lY lHriance ns?td?ohs 11th a Transactors ate of that day as shown on you billing statement unless fire transaction s posted to your Adcountetter the close of the btliina period in which it occurs, in which case the the Fee indicated on the monthly statement based on -credits or payments applied during the billing cycle. Credit Rporting. We mayv report information about your account to credit bureaus. Late payments, missed payments, or other defaults on our account be reflected In your credit rooort We nbmlall the status and pavmerft history at your Ar tnt to credit a?a1 ias each month 1f v9 peI'eve that ou re rt is inatcurate or in e write us at ttte tollowsr add?tss: Discover Card, PO x tNi?mington. DE 19950 516. Please includer name, address, homdeeenas umber and Account numt?r. 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 Lead 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# 7956828 Ste hen U. Nulton ?8360 SHERIFF'S OFFICE OF CUIVIBERLAND COUNTY Ronny R Anderson Sheriff ~fl~,t~ta of 4u,p~y~e~,~~~ ~ _~ n ~""~` .. GF F n7~ ~F rhE cH ERIFP Q~ lash ~-r r~ i~'4~~©Q IP:~i z ~, .., aft-,i, Jody S Smith Chief Deputy Richard W Stewart SO/ICItOr Discover Bank vs. Stephen U. Nulton Case Number 2010-5833 SHERIFF'S RETURN OF SERVICE 10/01/2010 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: Stephen U. Nulton, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Stephen U. Nulton. Request for service at 133 Sunset Drive, Mount Holly Springs, PA 17065 is vacant. The Mount Holly Springs Postmaster has advised Stephen U. Nulton is now receiving his mail at P.O. BOX 5402, Harrisburg, PA 17110. SHERIFF COST: $39.30 October 01, 2010 SO ANSWERS, .., `~-- RON R ANDERSON, SHERIFF (ci GountySuite Sheriff, Teleosoft, Irc. F iLFCI-OF1=IC, IF T ,E 2111 FEB 14 FM 3: a WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Benjamin R. Bibler I.D. No. 93598 436 Seventh Avenue, 1400 Koppers Bldg Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7956828 DIS CUMBERLAND l; OE. N " E: ENNSYt_VAM Attorney for Plaintiff(s) DISCOVER BANK vs. STEPHEN U NULTON Cumberland County Court of Common Pleas No.: 10-5833 CIVIL TERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice to refile. WELTMAN, WEINBERG & REIS CO., L.P.A. By