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Home My WebLink About11-3139 ;l _s FHON0 i 4 '311 BAR21 PH 1:01; CUMBERLAND COUNT`' PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK 2 ?{ /? I 1 Plaintiff No: I ?' ` 01 (? vs PAUL A ALCOSER AKA P ALCOSER COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin W. Lawrence,209032 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 215-599-1500 FAX: 215-599-1505 08694209 C A Jer HOH 9) arA $qa Oo t?aa 0 *s °sm ?`f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No PAUL A ALCOSER AKA P ALCOSER 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: PAUL A ALCOSER 52 MEADOWBROOK CT NEW CUMBERLND, PA 17070 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0044 . 4. Defendant made use of said credit card and has a current balance due of $11792.05 , as of September 03, 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 23.990. per annum on the unpaid balance from September 03, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" 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 , PAUL A ALCOSER INDIVIDUALLY , in the amount of $11792.05 with interest at the rate of 23.990% per annum from September 03, 2010 plus attorneys' fees of $125.00 , aqA costs. Benjamin awrence,209032 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 215-599-1500 FAX: 215-599-1505 08694209 C A Jer HOH This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. DISCOVER $$$11,792.05 15 SDSN6A010005548 PAUL ALCOSER 52 MEADOWBROOK CT NEW CUMBERLND PA 17070-2539 Minimum Payment Due Account Number ending in 0044 $11,792.05 Enter Amount Enclosed Below Payment Due Dote $ --? September 10, 2010 Please make check payable to Discover Card. Minimum payment due includes a past due amount of $2,666.00. Phone and Internet payments must be made by 5:00pm ET For same Gotles and make your account information more secure with password- protected statements only you can access. Learn more at discoveccom9paperless. PO BOX 6103 Ill,rrllrrrrrr166Lrlrrll CAROL STREAM IL 60197-6103 Address, e-mail or teleiihane changer 1111,111rirlrrlllilllllrrl1 1111111 11111 rl111111lrrrrr111111111 Go to www.DWmw.com or print change in space above. 000001986458143935423117920500000001179205 -------------------- -- ---- Opening Date: August 3, 2010 - Closing Dots: August Discover More Card Account Summary Account number ending in 0044 Previous Balance $11,792.05 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 000 Cash Advances + 0.00 Interest Charged + 0.00 Fees Charged + 0.00 New Balance $11,792.05 See Interest Charge Cakulation section following transactions for detailed APR information Credit Line $10,10000 Credit Line Available -- - - - - _ - $0.()0--- Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 COS ac C BonuSe Anniversary Month June Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashbacc Bonus Balance $ 0.00 To Itam more, 69 in at www.Discover.com 15, 2010 Paste 1 of 2 Payment Information New Balance $11,792.05 Minimum Payment Due* $11,792.05 Payment Due Date September 10, 2010 *Includes past due amount of $2,666.00 Late Paynw d Waring: If we do not receive your minimum payment by the date listed above, you may have to pay a kite fee of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 28.99% variable. Minimum Payment Waring: IF you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: ' ?te atd ~":i y F ? the minimum On ! y 15 years $11,792 payment IF you would like information about credit counseling services, call 1-800.347.1121. 3 Easy Ways to Contact Us Manage Your Account Online at www.Discovw.com 1. Access your account securely at www.Discowr con • Access free online fools like Paydown Planner to create a plan 2. Call 1-SMDISCOVER (1-800.347-2683 to pay down your balance, secwely access statements, pay Please have your Discover* card available. bills online and easily track as transactions 3. Write to us at Discover, PO Box 30943, • Make your money wash morosm-find easy ways to earn Salt Lake City, UT 84130 and redeem cash rewards --For For _TDR (TebcommunicationsJ2avice for-tbe D"Q _ - - ,- - NEWT-Aecowyaw«co" securely-through-your - - - - - - assistance, please call 1-800-347.7449. - mobile phone Transactions Trans. Poe Dcft TOTAL FEES FOR THIS PERIOD $ 0.00 m hw ed Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2010 Totals Year-to-Date TOTAL FEES CHARGED IN 2010 $ 27300 TOTAL INTEREST CHARGED IN 2010 1,797.51 Continued on reverse side DISMVER Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloodoble, password protected statements. • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through e-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. • Sign up today at Discovercom/paperless 02010 Dwawr Bank, M wA w FDIC PAPER.0310 g V 8694209 Questions? Visit www.Discover.com or DISCOVER call 1-800-DISCOVER (1-800-347-2683). DISCOVER' IF pays to PAUL ALCOSER Fir Account number ending in 0044 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. TE SUBJECT TO INTEREST CHARGE Current Billing Period: 13 days R (APPERCENTAGE INTEREST RAATEE Purchases 23.99% $0 $0 Past Purchases 28.99% $0 $0 Cash Advances 28.99% $0 s0 V = Variable Rate Additional inporlant Mennalion Important Information, S 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 Cordmember Agreement contains all the terms of your Account Lost or stolen cards. Report immedi oolyl Call 1-800-347-2683. What To Do If You Thh* You P6sr A Atlfatelca On Your Statement If you think there is an error on your stotmnnt, writeb us at Discover, PO Box 30421, Salt Lake City, UT 84130-0421 In your tenter, gM us the following information Account information: Your name and account number Dollar amount: The dollar amount of the suspected error Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it Is a mistake You must contact us within 60 days after the error appeared on your stal•menl You must notify us of any potential errors in writing. You may toll us, but d you do we are not required to investigate any potential errors and you may have to poy*sammount in question - - - While we investigate whether or not Ihere has been an error, the following are true • We cannot try to collect the amount In question, or report you as delinquent on that amount • The charge in gwsdon may remain on your statement, and we may continue b charge you trnerest on l ha amount But, 8 we determine the vw made a mistake, you we not how to pay the amamt to question or any interest or other Fees related to dw amount • While you do not have b pay the amount in question, you are responsible for Ihe remainder of your balance s We can apply any unpaid amount against your credit limp Your Rights If You Are OisaeNaff sd *I* Yaw Credit Card Purchases If you are dissatisfied with the goods or services that you how purchased with your credit card, and you haw hied in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase To use this right, all of the following must be true 1 The purchase must have been mods in your home slate or within 100 miles of yaw current mailing address, and the purchase price must have been more than $50 (Noce: Neither of these are necessary If your purchase was based on an advertisement we mailed to you, or IF we own the company that said you the goods or services ) 2 You must haw used your credit card for the purchase Purchases made with cash advances From an ATM or with a check that accesses your credit card account do not quably 3 You must not yet have fully paid For the purchase N all of the criteria above are mil and you are sill dissatisfied with the purchase, contact us in writing at Discover, PO Box 30945, Solt take City, UT 841300945 While we investigate, the same rules apply to the disputed onswal as discussed above After we finish our investigation, we will tell you our decision At *at port, B we think you owe an amount and you do not pay we may report you as delinquent Payments. Send only your payment and the top portion of this statement in the enwbpe provided Do not send cash By serdrrrpp your check as described above, you outherin us to use information on your check to make an electronic hmd transfer from your account at the financial ic=on indicated on your check or to process the payment as a check bansa«lon B payment is processed as an electronic fund transfer, the transfer will be for" amount of"check When we use Wormolion from your check to make an electronic fund kanefor, hinds may be withdrawn From your account as soon as the some day we receive your payment, and you will not recent your chock bock from your Financial Institution TM prouresskhg ol your poyme;hf may be dalowd B you send cosh, aortas ndenea or other tams with yaw payment B send the M b od+er uidddrsiu « il you usee "an snveFope they Ban ifhe one ovlded - iecaM?rf in - - -form 51 rihir " 'oeasil' hoc?+ SiRvI of Bea aril on - - - - - - - - pr proper p eg tiny by i? y day cam - . be credited b your Account as ol Wet day Payments r•uxsiwd at our processira (oeN? alter SPM local rme wiY tea «edited ro your Account as of the next day N you haw misplaced your emnlapa, send your payment b Discover, PO 6 03, Card Strsam, IL 601976103 FMease allow 7.10 days for delivery II your payment h returned unpaid, we rsserve the right b resubmit it as an electronic debit You can pay your minimum payment or a greater amount over the telephone, and you can sit up automatic payments Call us at 1.800347.2683 You VAN need this statement oral your bank account information You must enwre that sufficient hinds axis available in your bank account, and all transactions must comply with U S. law You will be asked to provide the first 5 digits of your account statement ZIP code. By entering those numbers as your electronic sigma Nro, you will be cVaeirg to this authorimNon to allow us and your bank to deduct each poyment you authorize from your bank account, and to Initiate debit or credit entries to your bank account, as applicable, to correct an error In the processing o suc h payment You must tell us the amount of each payment or you can select an amount such as We Minimum Payment Due or the New BdarKa an each statement You can cancel a payment; however we must receive notice at least three business days in advance of the scheduled payment You may notify us by phone at 1400.347.2683 or by marl of We address listed in the prevlaus paragraph IF your payments vary in amount, we will tell you on each monthly satemenl when your payment will be made and how much billing cycle h wIN be Your auomatic payment amount may be less than indicated on rho monthly statement based on credits or payments applied during do billing cycle Credit Reporting. We may report information about your Account to credit bureaus. Fate payments, missed payments, or other defaults art your Account ma be reSscted in your credit report We normally report We status and payment history of your Account to credit r•porl' agsncies each month IF you believe that our report is Inoccurate or incomplete, please write us at the W16wing ad.&am scover, PO Bon 15316, Wilm ngbn, DE 19850-5316 Please indicate your name, address, home telephone number and Account number Paying Interest: We begin to impose Interest Charges on all IransacNons from the Transaction Date For " transaction shown on yaw bill statement, unless a transaction is posted to your Account after We close of the billing period In which it occurs, In which case we beam to impose inter. c} arges on alai transacton from the First day of 1M billing period In which it 6 posted to your Account We continue to impose Interest Charges unit the dale you pay you; entire New Balance shown on your billing statement by making nit or recalling credits. N you pa' the New Balance an your previous billing statement by the Payment Due Date shown on that billing statement, we win not impose Inter. Charges on new purchases, that is, purchases first appwrir on the current billing statement, or any portion of a new purchase, paid by Wn Payment Due Dote on your current bilitng statement We call this Ihe'grace period' It Is not less than 25 days There is no grace period on balance Wanders or cash advances. As more fully described In On section of your Cadmember Agreement laded -How We Apply Payments,- we generally apply pvymentr to your Account based on the APR applicable to the balance of each tronsaction category This means that B you do not pay the New Balance on Iles current billing statement by the Payment Due Date shown on that billing statement, than, depanding on the amount of your payment and do APRs on other balances, you may not got a grace period on new purchases Minimum Intents Chaise. We will charge you a minimum Interest Charge of I.50 for any billing period in which Interest Charges of loss than $ 50 --wouldod-Aseb•imposed.'-- - - "-- ---- _ -- _ -- - ---- `-- --- _ Annual Pee. W your Account has an annual fee, it will be billed at the beginning of each omiwrsary, year your Account 4 open. The amount of the Fee appears on the statement when de fee b billed The annual fee is not refundable unless you notify us shot you wish to close your Account within 30 days of th o mailing or delivery dale of We statement on which We Fee is billed You will recent Whis refund even if you use your Cord during that period Flow We Calculate Intend Charges - Dally Balance Method (Including currerd transodlons): We Figure Interest Charges for each bging period To do this. • We calculate your Interest Charges separately for each balance subject to dillerent terns (for example, standard purchosey standard cash 8694 advances and each purchase, balance tronsfer and cash advance balance subject to promotional toms) We raw to these bolonaes as Bane s • • ure dha ' balance- for each transaction category To pit We -daily baksnce' we take the begirtaing balance for each day, add any new transactions and fees and any Interest Charges accrued on the previous day's daily balance We Own wbtracl any credits and payment and make other adjustments (including Whose adjustments utred In the section tided 'Paying Interest) In calculating the daily balance for tee first day of the billing period, we consider the 'previous cl s daily balance- to have been your balance on Wes has toy of your previous biNing period This gives us this dally balance for each transaction category • We Figure We Inter. Charges on your Account by multiplying the daily balance for each transaction category by its daily periodic rate, For each day in the billing period • bail iI total Interest Chages far Wn billing period are the sum of the daily Interest Charges for each transaction category for each day during that e period When we calculate dally balances, we add a new transaction as of the Transaction Date dawn on yew Whing statement unless the transocoon Is posted to yye?w Account after the c of the billing period In which It occurs, in which case We trasacton will be added to the dally balance as of the First day of the billing period in which it is posted to your Account NI fees charged to your Account are added to she standard purchase transaction category with the exception of Cash Advance Fees which are added to We applicable cash advance transaction category and Science Transfer fees which are added to the applicable balance transfer transaction category Continued on reverse side. DIRNM Foreign Currency Fee: 2% of the U 5 dollar amount of each purchase mods in a foreign currency Penally APRs: Each time you fail to make a payment when duo, "may, in accordance with applicable law, 11) terminate the availability of any introductoryy/promodontal APRs on new tronsoctiora, and (ri) increase your APRs for new transactions to variable Penohy APRs which will be determined by adding up to an oddifl nal 5 percenMge perch to the otherwise applicable APR. Your Penalty APR is determined based on your creditworthiness and other factors such as your current APRs, and your account history B your APRs for new transactions are increased for a law payment, tiv Penally APRs will apply indefinitely For TDD (Telecommunications Device for the Deaf( assistance, please call 1.000-347.7449. Discover may monhor and/or record Mephons calls between you and Discover representatives for qualiry assurance purposes The DiscoverrD care! Is issued by Discover Bank, Member FDIC O ITBK 172 rn 9 Z a g m N X V 8694209 Feb, 17. 2011 1;47PM Feb, 11. 2011 9:29AM VEICATIO1 No, 0166 P, 3/42 No, 4095 P. 3 The undersigned does hereby verify subject to the penalties of l8 PA C.S. §4904 relating to unsworn falsifications to autltoriacs, that she is Natasha Szczvgiel L &W Place eurt Al2untMizMr. (Name) (Title) of DB ServiC Co abort or PS Services L)L,C, s?1 viclrug age?tt for Discover Hank (Company) plaintiff herein, that she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correet to the best of her knowledge, information and belief W WR#08694Z09 PAUL A. ALCOSER 6011002009250044 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Benjamin W. Lawrence I.D. No. 209032 325 Chestnut Street Suite 501 Philadelphia, PA 19106 Phone: (215) 599-1500 Fax: (215) 599-1505 File # 8694209 r ro Attorney for Plaint rn :r- -n .C® -o :)an G+ N [ N DISCOVER BANK VS. PAUL A ALCOSER AKA P ALCOSER Cumberland County Court of Common Pleas No.: 11-3139 CIVIL TERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBERG & REIS CO., L.P.A. By P7Q?-?- Benj,Vnin4h'x . Lawrence, Esquire Attorney for Plaintiff 11111111111111111 Hill 11111 NIII IINI 111111 IIIII 1111111111 HE IN 1111