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HomeMy WebLinkAbout10-6113r-„ CcRCE NONOTARY r;Stl? x'12') 3 AM I1. 36 E+ A r-nrr n I-Ioi >.d0 Cn t1j TY L AI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DAVID J WEARY SR Defendant No : lo- lO l l3 CI-1. V; i -Fe- 1 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 08544133 C A Pit CXC .9 'pa. 00 po tkTN C* 1F7183g8 e a48woa IN THE COURT OF COMMON PLEASCOF C MBERL ON COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff vs. DAVID J WEARY SR Defendant Civil Action No 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: DAVID J WEARY SR 2144 RITNER HWY CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7835 . 4. Defendant made use of said credit card and has a current balance due of $5880.60 , as of July 08, 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 28.990% per annum on the unpaid balance from July 08, 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 , DAVID J WEARY SR individually , in the amount of $5880.60 with interest at the rate of 28.990% per annum from July 08, 2010 plus attorneys' fees of $125.00 , and costs. James warn??vu?,Y???= WELT , WEINBERG & REIS CO., L.P.A. 436 S ve th Avenue, Suite 1400 Pitt ur h, PA 15219 (412 43 -7955 FAX: 412 338-7130 085 413 C A Pit CXC This law firm is a debt collector atte ng to collect this debt for our client and any information obtaine ill be used for that purpose. New Balance ,nimum Payment D eu DISCOVER $0.00 $1,251.00 Account Number ending in 7835 Enter Amount Enclosed Below Payment Due Date -7771 July 25, 2010 30 SDSN6A01 0005351 Go paperless and make your account DAVID WEARY SR information more securewith password- 2144 RITNER HWY EXHIBIT protected statements only you can access. CARLISLE PA 17015-9305 Learn more at discover.comlpaperless. 4 OX 6103 Illurllurullrl?mlur?l CAROL STREAM IL 60197-6103 ,II„?I,,,rtrlllrltrltrrll?ltrlrlll?IrtrIIlltIIlllttl?Illltll Address, e-mail or telephone change? Go to wwwMinover.com or print change in space above. 000001986458682687344000000000000000125100 wn ware: June I L, AV IV • .nvansy vine,. ~.. V Vr Discover More Card Account Summary Account number ending in 7835 Previous Balance $5,880.60 Payments And Credits 5,880.60 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 0.00 Fees Charged + 0.00 New Balance 0.00 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $4,800.00 Credit Line Available $0.00 Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 2010 Payment Information New Balance $0.00 Minimum Payment Due $1,251.00 Payment Due Date July 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 Penalty APR of 29.99% variable. Manage Your Account Online at www.Dimovw.com Securely access statements and free online tools, pay bills online and hack 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 (1.800-347.26831 Please 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 Deaf) assistance, please call 1.804347-7449. Cashback Bonuse Anniversary Month November Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Bafasce $ 0.00 To learn more, log in at www.Discover.com and select Rewards Transactions Trans. Post Date Date Payments and Credits Jun 30 Jun 30 INTERNAL CHARGE-OFF $ .5,880.60 Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2010 Totals Year4o-Date TOTAL FEES CHARGED IN 2010 $ 234.00 TOTAL INTEREST CHARGED IN 2010 772.35 !> " Charge Calculation our A, nual Percentage Rate (APR( is the annual interest rate on your account. ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE Current Billing Period: 19 days RATE (APR) INTEREST RATE Purchases 28.99% $0 $0 Cash Advances 28.99% $0 $0 V = Variable Rate Additional Important Information Important Information. If there is more than one page to this billing statement, we the back of each page for additional important Information Continued on reverse side. DISCOVER see your Cordmember Agreement. Your Cardmember Agreement contains all the terms of your Account Lost or stolen cards. Report immedialelyl Call 1-800.347-2683. What To Do 11' You Think You Find A Mistake On Your Statement PO Box 3042 1 Salt lake City JT 8,1130-0421 r Discover , if you think there is an error on your statement, write to us o In your letter, give us the following information nd account number Account m(ormahon. Your name a • Doilor amount: The dollar amount of the suspected error describe what you believe ': wrong and why you believe it is a mistake our bill , Description of Problem: If you think there is on error on y t you must contact us within 60 days after the error appeared on your, statemen but if you do we are not required to imesugate any potential errors and you may have to call us a Y , y ou m You must notify us of any potential srars in writing. pay the amount in question hether cr no. there has been on error, the following are true While we investigate w We cannot try to collect the amount in question, or report you as delinquent on that amount st on hat amount But If we determine that we made a ou inlate e h t y o c arg • The charge iw1 uesuon may remain on your statement, and we may continue stion or any interest or other fees related to that amount i n que misloke, you l not have to pay the amount onsible for he remainder of your balance While you do nol have to pay,the amount in question, you are resp We can apply any unpaid amount against your credit limit Your Rights It You Are Dissatisfied With Your Credit Card Purchases ou have purchased with your credit cord, and you have tried in good faith to correct the that i y ces if you are dissatisfied with he goods or serv have the right not to pay the remaining amount due on the purchase u ma t h y an , yo problem with the merc must have rice To use this right, all of the following must be true ase miles of y t r we own ou , or n advvertiseme t we mailed to have o rchase was based on e The u if ur t o s p yo necessary f these ore (Note; Neither e than $50 eenmor b the company that sold you the gods at services ) urchase Purchases mode with cash advances from an ATM or with a check that accesses your d for the dif p car 2 You must hove used your cre ualily t do not q credit cord accoun 3 You must not yet have fully paid for the purchase ll dissatisfied with the purchase, contact us in writing at Discover, PO Box 30945, U) If oil of the criteria above are met and you ore sti Salt Lk. City, UT 8 4 1 31309 4 5 I. the disputed amount as discussed above After we finish our irvestigotion, we will to you our l a l as Z y pp es While we investigate, the same ru u owe an amount and you do not pay we may report you us delinquent hi k d yo n derision At that pom1, if we t ortion of this statement in the envelope provided Do not send cash By sending your check as describe l institution Indicated on your t d th fi h op p nancia e e Payments. Send only your payment an authorize us to use information on your cheek to make an electronic fund transfer from your account at t lectronic fund transfer, he transfer will 6e for the amountof the check. d e as an e above, you funds may be withdrawn from your account as soon as the some day we receive check tar to process the pc menl as o check transaction If payment is processe sfer d t f N , ran un When we use information from your check to make an electronic our payment, and you will not receive your check back from your financial institution our payment if you send the payment to any other ish it h X y y ems w er tim loc The processing of your payment may be delayed if you send cash, correspondence or ot of the n y xtvt ppeee e i ve rec te A c t u e r . r m N as o n , d credit e will 6 oth l o yo ac I tatter 5PM to at r g IL 60197-6103 Please allow 7.10 days for delivery your Accounr ao of that days Paymentspreceiiv d al out pros ss rol Stream C 6 03 bit creed iedit , a , day If you have misplaced your envelope, send your pymenl io Discover, PO box o electronic debit it it as on b h . m t to resu If your payment is returned unpaid, we reserve the rig ments d?3 ansaceons must will one , c py e n ount a our bank ac ava lable in can You mud eo urre that ufficion, fu d or tement ZIP code By entering hose numbers as your electronic sttatemen atnd y u bank accountt information t d thi t a i s s s a m te gits of your occoun comply with U S law You will be asked to provide he Fist 5 d to this authorization to allow us and your bank to deduct each payment you authorize from your bank account and to initials ment You must tell us the amount of each payment i h l b ng pay e agree signature, you wil debit or credit entries to your bank account, as applicable, to correct an error in the processing of suc You can cancel a by mail at the addr, ss listd nathe imum Mi 2683 h 7 r s c c n or e - 0034 t 18 or You can select oount such as t phone a by notify us it will be and s a1 least hreenbus ness days in advance of he scheduled payment You may statement lli h e p ic th biting cycle npo nenh applied dui ng . is d on credits or pavr onthly statement bau nt amp nt may be less th nindicaled on the monthly myou on eac tit i c payme Your aulcu t Accou your menl hsiorytofeyour pay Account to c edit reporting agent esfeach moynhr titya Zr9cli Pl dc s y h i t g t ? ease poy an roport the slit u mall We no your tide report please write us at the following address Discover, PO Box 15316, Wilmington, DE 1 985653 1 6 cted n rofle ma be lete ncom , p baleve that our report is inaccurate or i indicate your name, address, home telephone number oil Accounl number Date for the transaction shown on your billing stolement i on Paying Interest: We begin to impose interest Charges on all transactions from he Transact pr which ilt your of the close es u n1 Ike date you pay your after the t Char I cc g nteres We continue tom pose unless a transaction t ount A menr o g is hich i w v posed io ac ction from the i firs day of the billing period ou ction t s u h p t y ransa ransa ng on receiv mortis or lhe king p p s, purchases puachase e h° own first a once we will not (impose interest Charges on new call this Ihe'grace period' It statement t billin hri t W en h , g e a t Due Date shown on the Paym by current billing statement, or any portion of a new purchase, paid by the Payment Due Dore on your current biiing statemen our Cardmmber y r, or cash advances As more fully deser-6d in the section of f ti n t l b e o ance a rans l a cable is not less than 25 days There is no grace period on APR enby Ihep aym ent Due Diole shown on hats billing aemenst transac At e iin enerally • o h s n A m g s o err bi on the cu w da not pay the N it yoo This means tt a otegory c our payment and the APRs on other balances, you may not gel is grace pee: end on new purchases ount of $ 50 h h f l y e am an ess t depending on t Interest Charge of $ 50 for any billing period in which Interest Charges o i mum Minimum Interest Charge. We will charge you a min would otherwise be imposed your your Account is open The amount of the e y it will be billed of the 6. inning of each anniversar thin 30 days of he n annual fee t h , as a Annual Fee. If your Accoun l + fee is tll oau you yo r Cara d ring that period s if r d f s e n l u h o y a en un will receive this You bi lled ts rhe lae whrch re ure interest Charges for each billing or del very date of the statement ailin ns): We fi i g g m o How We Calculate Interest Charges • Daiiy Balance Method (including current tronsac: period To do this a pndard W refer to these sbalonces assh urchases, balance subject to k Ch I k e f eres e n rms) ate balance subject to promotional t and ash balar etransfer urchase dyeach l d , p a vvances transaction categories. ee the "daily balance" we take Ike nnin%balonce far each day, a any and balance' for each transaction category To g il "d h a ? y a e We figure t h the doily balance for the first Iculating transactions new sectionutned *Payingbnrersf; I th i di a e n requ adjustm adjustments (including )hose ad ustmenn balance" to have been your bounce an the last day a( your previous billing make dail ' d i " y ay s ous prev day of the billing period, we consider the ives us the daily balance for each transaction category ory by its daily periodic rate, for each d This ac{ion cate i h g g per o from • We figure the Interest Charges on your Account by multiplying the daily balance for eac day in the billing period es for the billing period are the sum of the daily Interest Charges for each fransociion category for each day during that t Char l I r g es nte The tota billing period y gg ion lance the like on as i as of the i first day of the b e d ll r ? t r d a ances a dad fo he y lcu ansaction will be d e Ihe which cra occurs which 11 o Iho b Iling per oil In urchase transaction category with the y ethe close nJord ft h st d ? p er u Accoun a to t e you billing period in which it is posted to your Account All fees charged to your Account are adde ance transaction cote o. d Balance Transfer Fees which are added to the h d bl v a e cas exception of Cash Advance Fees which are added to the applica applicable balance transfer transaction category F~My Fee: 2% of the U S dollar amount of each purchase made in a foreign currency inate the availability of any l f) t erm ow, I 'a 6 APRs: Each time you fail to make a payment when due, we may, in accordance with oppliccb!e g .ial 6 Po Penalt ocli I f s e re e y s APRs such oher factor d (it) editwonh nes and APRs rans der s,ini yJ }we d on your cr y/pt to rr utroduc he otherwise applicable APRurYourr Penalty APR ply indefinitely APRs will a t tt lt i P h l p s o n ena y cen age po e onal 5 per a d on our APRs for new transactions are increased for a Iao pis/menr t If r t hi t y y s o as your current APRs, and your accoun ` 449. tions Device for the Deaf) assistance, please call I.800•?A., - i ca For TDD (Telecommun monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes O 1 TBK 172 r ma v Di y sco e The Discoverm cord 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 (Name) of DFS Services LLC , plaintiff herein, that Team Leader (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# 8544133 David J. Weary 6011002550267835 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~Q~;~~ir ni ~:u~raErrir,.~ Jody S Smith ' Chief Deputy ~~ ,~ 4,~,. Richard W Stewart Solicitor Q-=,cF .r ~µc >~~~t~r Discover Bank vs. Case Number David J. Weary, Sr. 2010-6113 SHERIFF'S RETURN OF SERVICE 09/28/2010 03:20 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 28, 2010 at 1520 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David J. Weary Sr., by making known unto himself personally, at 2144 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 September 29, 2010 ~ ._..- DENNIS RY, DEPU SO ANSWERS, /] RON R ANDERSON, SHERIFF c°~ ~... ~,, a c~ `° ~R~ c-a ~.... ~ ~~ ~ ~~ r ~-- .,~;,. °~ •~ .....~ -. ~ !c1 GauntySuKe Sher+fi. Telarsaa. ln,:. r FILEO-OFFIGE pF THE PROTHONOTARY Zota oGT 2s Q~ 2~ t o CU pENNSYL~ ANIA TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DAVID J WEARY SR Defendant No.10-6113 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8544133 Judgment Amount $5972.60 rr 1 ~O't•l'c.~ rn~.c C£c~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DAVID J WEARY SR Defendant Civil Action No. 10-6113 CIVIL TERM PRAECiPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, DAVID J WEARY SR, in the amount of $5972.60 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Attorney for Plaintiff DAVID J WEARY SR, By: ~ w Defendant WWR#8544133 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-61.13 CIVIL TERM DAVID J WEARY SR Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, DAVID J WEARY SR, above-named, in the amount of $5972.60 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $5880.60 with continuing interest thereon at a rate of 28.99% per annum from JULY 8, 2010 to OCTOBER 5, 2010, in the amount of $422.19 ,plus attorneys' fees in the amount of $1.25.00 and costs. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, DAVID J WEARY SR. Plaintiff agrees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $100.00 due by OCTBER 15, 2010; (b) no less than $100.00 due by the 15TH day of each consecutive month. thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "DISCOVER BANK" .. 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 1400 Koppers Building, 436 Seventh Avenue, Pittsburgh, .PA 1521.9. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff s counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals this day of 0 C.'~ , 20~_ WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#8544133 By;~~c~cf/ ~,t/~,cc-~-~ Defendant, D ID J WEARY SR r • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-611.3 CIVIL TERM DAVID J WEARY SR Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $5972.60 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary DAVID J WEARY SR 2144 RITNER HWY CARLISLE, PA 17015 By: PROT Y )