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Home My WebLink About10-6361 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CHERYL A HENICLE Defendant Na: LQ1 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 08620202 C A Pit CXC O ?V ? 11 ? ij? , , 13 U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No CHERYL A HENICLE 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: CHERYL A HENICLE 8849 PINEVILLE RD SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0938 . 4. Defendant made use of said credit card and has a. current balance due of $10456.52 , as of August 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 14.2406 per annum on the unpaid balance from August 04, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit I'll, and made a part hereof. 7. Plaintiff avers that the Agreeniernt 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 , CHERYL A HENICLE individually , in the amount of $10456.52 with interest at the rate of 14.240% per annum from August 04, 2010 plus attorneys' fees of $125.00 , and costs,. James C. Warmbro t,42524 WELTMAN, WEINBER.G & REIS CO., L.P.A. 436 Sev n h Avenue, Suite 1400 Pittsb rg , PA 15219 (412) 34 7955 FAX: 12 338-7130 08620 02 C A Pit CXC This law firm is a debt collector attempt g to collect this debt for our client and any information obtained 01111 be used for that purpose. DISCOVER New Balance Minimum Payment Due $0.00 $1,797.00 Payment Due Date August 26, 2010 30 SDSN6A0t 0007000 CHERYL HENICLE 8849 PINEVILLE RD SHIPPENSBURG PA 17257-9391 Account Number endling in 0938 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.contlpaperiess. PO BOX 6103 lllrrrllrrrrrllrllttrlrrrll CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Go to www.Discover.com or print change in space above. rllrr1lIt MI 11 rlu l urlrllnurlllluurllrllnnrlIt lull 000001986458695645040000000000000000179700 opening Uate: July 11, 2010 - Closing Date: July 30, 1 Discover More Card Account Summary Account number ending in 0938 Previous Balance $10,456.52 Payments And Credits 10,456.52 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 0.00 Fees Charged + 0.00 New Balance 1000 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $10,100.00 Credit Line Available $0.00 Cash Advance Credit Line $5,100.00 Cash Advance Credit Line Available $0.00 CashbaC Bonuse Anniversary Month November Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus balance $ 0.00 To learn more, log in at www.Discover.corn 2010 Payment Information New Balance $0.00 Minimum Payment Due $1,797.00 Payment Due Date August 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 Penalty APR of 19.24% 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 (1-800.347-26831 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 Trans. Post Date Data Payments and Credits Jul 31 Jul 31 INTERNAL CHARGE-OFF $ -10,456.52 Fees TOTAL FEES FOR THIS PERIOD $ 0100 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2010 Totals Year-to-Date TOTAL FEES CHARGED IN 2010 $ 273.00 TOTAL INTEREST CHARGED IN 2010 817.27 bdweaCharge Calculation Your Annual Percentage Rate {APR) is the annual interest rate on your account ANNUAL PERCENTAGE BALANCE SUBJECT TO Current Baling Period: 20 days RATE (APR) INTEREST RATE INTEREST CHARGE Purchases 14.24% V $0 $0 Cash Advances 20.99% $0 $0 V = Variable Rate Additional important information Important Information. If there is more than one page to this billing statement, see the back of each page for additional importani information Continued on reverse side. DISCOVER EXHIBIT See your Cardmember Agreement. Your Cardnreminu, Agrnemrnt-..s.ntahu all the letnrs of your Account Lost or stolen cards. Report immediatelyl Cali l -11DO.347-2:83. What To Do If You Think You Find A Mistake On Your i:atemerst if you think there is an error on your slalament, wale to w aCecova. 110 ilea 30121, Sag Lake City, UT 84130-0421 In your lever, give us the following information Account rnformahom Your name and account number Dollar amount The dollar amount of the s.:spected error Desarptton of Problem. If you think there is an error nn yo-:r hit., describe what you believe is wrong and why you believe it is a mistake You must contact us wilh:n 60 days after the error appeared on your siulemenl You must notiFy us of any potential errors in writing Yoe may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question While we in-tigole whether or not there has been an error, the fallowing are true We cannot try to collect the amount in question, or repoe you as delinquent on that amount The charge in 1uesfron may remain on your stclement, and we may continue to charge you mterest on that amount But, if we determine that we made a mistake, you will not have to pay the amount in q-reshon o, any nrrorml or other fees related to that amount While you do not have to pay the amount in question, you are responsible for the remainder ofyw• balance We can apply any unpaid amount against your :redd lim•t Your Rights If You Are Vissatlslied With Your Credit Card r`u.vhoses If you are dissotisfied with the goods or services that you ha+e purchased with your credit card. and you have tried in good faith to correct the problem with the merchant, you may have the right nor to jruy 1lie remaining amount due on the purclsaae To use this right, all of the following must be true I The purchase must have been made in your home stall or within 100 miles of your current mailing address, and the purchase price must have been more than $50 (Note: Neither of these are necossory if your purchase was based on ar advertisement we mailed to you, or if we own the company that sold you the roods a- winces ) 2 You must have used your cry';! card For" pun. hint ?t. c.s,es made w.!;, cash advances from c•n A.TM ar with a check that accesses your credit card account do not qualify 3 You must not yet have fully paid for the purchase If all of the criteria above are met and yoo are still dissatisfied with the purchase, contact us in writing at Discover, PO Box 30945, :n Sal! Lake Cry, UT 641300945 ` O While we inveslgate. the saint rules apply re the di,puted amount as niscussed above After we finish our investigation, we will tell you our Cl) decision At that point, if we think you owe an amount and you do not pay we may report you as delinquent m Po ments. Send only Your payment and the lop portion of thus :lotient m the envelope provided Do not :end cash BY sending your check as described Y D C? you authorize us louse reformation on your chxk to woke an eixtronr-fund transfer from your account at the financial ;nstjtrilron indicated on your ° check or to process the pa menl as a check transpchon If payment is processed as an electronic fund transfer, the transfer will be for the amount of the check o W hen we use mformahon Fram your check to make an electronic fund trmufer funds may be withdrawn hom your account as soon as the some day we receive your payment, and you will not receive your check back from your Imoraal tmtitulion o The processing of your payment may ba delayed if you send cash, correspondence or other items with your payment, if you send the Payment to any other o address m if you use an envelope other than the one provided Payments received in proper form at our processing facility by 5PM local time on any day will X be credited to your Account as of that day Paymenra received at cur processim focilityafter 5PM iocal time will be credited to your Account as of the next h l d l d d f % X ave misp ay i you ace your enve ope, sen your payment to Discover, PO ox 6103, Carol Stream, IL 60 1 97-6103 Please allow 7.10 days for delivery 9 your payment is returned unpaid, we reserve the right to re:ubmil it as an electronic debit You can pay your min: mum payment or a greater amount over the telephone, and you can set up automatic payments Call us at 18011347-2683 You will need this statement and your bank account information You must ensure that sufficient funds ere available in your bank account, and all transactions must comply with U S law You will be asked to provide the Brrt 5 digits of your accounl statement ZIP code By entering those numbers as your electronic tgnature, you will be agreeing to this authorization to allow us and your bank to deduct each pa meat you authorize from your bank account, and to initiate debit or cred'N entries to your Sank account, as applicable, to correct on earn in the processing eF such payment You must tell us the amount of each payment or you can select on amaun'such as the Minimum Payment Doe or the New 2alance on each slalment, You can concel a payment, however we must receive notice at least three business days in advance of the s: heduled payment You may notify us by phone at 1 8GO347.2683 or by mail at th,s address listed in the previous paragraph If your payments vary in amount, we will tea you on each monthly statement whin your payment will be made and how much it will be Your automatic payment amount may be less than indicated on the munrhly statement based on credits or payments applied during the billing cycle Credit Reporting. We may report informahor, about yaw Acco.mr to credit bureaus Late payments, mused payn•.eits, or other defaults on your Account may be reflected in your credit report We normally report the ritnhn and payment history of your Account to credit reporting agencies each month If you behove Ihot our report rs inaccurate or incompieto. please true s+s ct the following address Direcvor, a0 Box 15316, Wilmington, DE 1 98 505 3 1 6 Please md(ca!e your name, address, home telephone number cod ,+-wu^' no,•sher Paying Interest: We begin to impose Interest Charges on all ircri--ions from the Transaction Date for the transaction shown on your billing statement, unless a bansaction is posted Io your A<coucl after the close of Ilia bill,rg period m which rt occurs in which case we begin to impose mterest charges on drat i f h fi d f h b ll d i h h d transact rom t on e rst ay o t e i ing pet ro n w ic it is f,cste to your Account We cc,n m o to impure Interest Charges until the date you pay your nlire New Balance showy on yaw billing sletwmenl by making jsoynsents or rerowmg credits If you pistil the New Balance on your previous billing statement by the Payment Due Date shown on that billing stcomenl, we will not cttpo- Interost Charges on new purchases, that is, purchases First appearing on the current billing statement or any portion of a new purchase, paid by the Payment Due Date on your current billing statement We call this the "grace period " It is not less than 25 days There is no grace period on balance transfers or cash advances As mores fully closer load in the section of your Cardmember Agreement titled "How We Apply Payments," we gsnerolly apply payments to your Account based on the APR applicable to the balance of each transaction category This meant that if you ao not pay the New Balonce on If•e current billing statement by the fcyment Due Date shown on that billing statement, then, depending on the amount of your payment and his APRs on cdser balances, you may not get a gran: period on new purchases Minimum Interest Charge. We will charge you a minimum:nnsast Charge of $ 50 for any billing period in which Interest Charges of less than $ 50 would otherwae be ;:npased Annual Fie. If your Account has on annual fee, if will ba billed at the begmning of each anniversary year your Account is open The amount of the fee appears on the statement when the fee is billed The annual foe is trot refuneable unless you notify us that you wpb to close your Account within 30 days of the ailing or delivery gale of the statement oa which the iee ,. sidled 1•ou will rec-o this refund even if you use your Card during that period How We Calculate Interest Charges - Daily Balance Method (including current transactions): We figure Interest Charges for each billing period:, To do this We calculate your Interest Charges separaroty fur each bolo-ice subiect to different terms (For example. standard purchases, standard cosh t odvancus and each purchase, balance transfer and cash ac':once balance subject to promotional terms) We refer to these balances as tronsact on categories We figure the "daily balance" for each Iraisaction category Tu gut the "daily balance" we take the begg,nnin balance for each day, add any d F t d i G d h ' b new ransactions an ees an any nterest auges acree on t e previous day s daily alance We Then subtract any credits and payments and eke other adjustments (including those odtusrnenls required ,n the section tided "Paying Interest") In calculating the daily balance fur the First day of toe billing period, we consider the "previous Joy's daily balance" to have been your balance on the last day of your previous billing period This give us the daily ba!once .tor each transaction category We figure the Interest Charges on your Account by n.ulhptymg the daily balance for each transaction category by its daily periodic rate, for each day in the billing r.enad The Intel Interest Charges for the billing period are the sum of fire dmly Interest Charges .tor each trunsuoian category for each clay during that billing period When we calculate daily balances, we add anew transaction a of Ili- Transaction Date shown on your billing statement, unless the transaction is polled to your Account after the close of the billing period in which it occrs, in which r-ase the transaction will be added to the daily balance as of the first day of the billing period in which it o posted to your Account All Fees chrsrged to you, Account are added to the srandam purchase transaction category with the exception of Cash Advance Fees which are added to the appli_abie crash ad-,once transaction cateaory and Balance Transfer Fees which are added to the applicable balance transfer :mnsacnon cateaory FoQML* r Fee: 2% of the U S dollar amount of each ourchaoo -node in a foreign currency Penalty APRs: Each time you fail to make a payment when due, we may, rn accordance won applicable law (rf terminate the avadabdrty of any inLOductory/promotional APRs on new tronsacnans, and ii,) rmreace yeti Ai'R. Far new transactions to variable Penalty APRs which will tae determined by adding up to on additional 5 percentage points to the otherwise apphcoii a sFk Ycur Penalty APR is determined based on your credaworlhiness and other factors such as your current APRs, and your account history if your APRs `or now tunwctiuro are increased for a late payment, the Penalty APRs will apply,ndefinitely For TOD (Telecom`ssunications O"ce, for the Deaf) os.^.is.tancu, please call 1-800.347-7449. Discover may monitor and/or record telephone calls between fou and C,:::sari tepresentativea for quality assurance purposes The Discovii card is issued by Discover Bank, Member FDIC 0 ITBK 172 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# 8620202 Cheryl A. Henicle 6011002561650938 ur THELPROpHONoTARY 1010 0EC -6 PM 4: 16 1.0 C UMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CHERYL A HENICLE Defendant(s) No. 10-6361 PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8620202 DFO V r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-6361 CHERYL A HENICLE Defendant(s) PRAECIPE TO SETTLE. DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF Cumberland COUNTY: SIR: Kindly settle, discontinue and end without 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 ler, squire PAL . #9 98 WEL MA , WEINBERG & REIS CO., L.P.A. 1400 o ers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 SWORN TO AND SUBSCRIBED before me this 27 day of /?? M It,, , 201 NO Y PUBLI COMMONWEALTH OF PENNSYLVANIA =wayne tarial Seal ones, Notary Public rgh, Allegheny county pq?res June 29, 2014 Member. Pennavivania Association of Notaries