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HomeMy WebLinkAbout11-3330 FILED-OFFICE OP THE PROTHONOTARY 2011 MICR 28 PP' 3- 05 CUMBERLAND COUNTY CAFNNISYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: vs CAROLYN E BOWEN COMPLAINT IN CIVIL ACTION Defendant 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 09020678 C A Pit CXC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No CAROLYN E BOWEN 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: CAROLYN E BOWEN 6 ANNETTE DR ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3401 . 4. Defendant made use of said credit card and has a current balance due of $15320.62 , as of February 03, 2011 . 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 25.990 per annum on the unpaid balance from February 03, 2011 . 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 , CAROLYN E BOWEN INDIVIDUALLY , in the amount of $15320.62 with interest at the rate of 25.990W per annum from February 03, 2011 plus attorneys' fees of $125.00 , and costs. ames 436 S Pitt (412 FAX: 090 0 This law firm is a debt collector att our client and any information obtain WEINBERG & REIS CO., L.P.A. e th Avenue, Suite 1400 r h, PA 15219 4-7955 -338-7130 8 C A Pit CXC ping to collect this debt for ill be used for that purpose. DISCOVER New Balance Minimum Payment Due $15,320.62 $15,320.62 Payment Due Date DUE WIMEDIATELY 08 SDSN6A01 0004926 CAROLYN BOWEN 6 ANNETTE DR ENOLA PA 17025-1801 Account Number ending in 3401 Enter Amount Enclosed Below $r Go paperless and make your account information more secure with pasaword- protected statements only you can access. Learn more at discover con*aperless. PO BOX 6103 ?llnr{lnr{lrnlu{nrlr{{ CAROL STREAM IL 60197-6103 Address, e-mail ortelephone change? Go to www.Discovw.com or print change in space above li{{n{{nnu{{{r{nlni{rl(?un{{{{1u1r{1 11111111 111111111 . 000001986458713696900153206200000001532062 17 )paning Date January 3, 2011 - Closing Dale: Discover More Card Account Summary Account number ending in 3401 Previous Balance $15,320.62 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 etft Advances + 0.00 Interest Charged + 0.00 Fees Charged + 0.00 New Balance 15,320.62 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $12,000.00 Credit tine-Available- $0<101 Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 way nns?rc sawrva Anniversary Month October Opening Cashback Bonus Balance $ 0.00 New Cashbock Bonus This Period + 0,00 Cashbodr Bonus Sciannce $ 0.00 To burn more, 69 in at www.Discovr.com 3 Easy Ways to Contact Us 1 Access your account securely at www.Dacaver corn 2. Call 1-800ZMOVER (I.800.347.26831 Please have your Discovermcard available. 3. Write to us at Discover PO Box 30943, Salt Lake City, UT 841 r30 (Not a payment address) For payments, please send to address on remittance or Diseaver.-POBox 6102; Card-Stream;-IL 601974103- For TDD (felecommunicafions Device For the Deal) assistance, please call 1-800.347-7449. 8, 2011 page 1 of 2 Payment Information Nov Balance $15,320.62 Minimum Payment Due* $15,320.62 Payment Due Date DUE IMMEDIATELY "Includes past due amount of $3,407.00 Lob 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 $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 29.99% variable. Minimum Payment Warning: 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: I Only the minimum I 16 years I $15,321 payment If you would like information about credit counseling services, call 1-800.347.1121 Manage Your Account Online at www.Discavor.aom • Access Free online tools like Paydown Planner to create a plan to down your balance, securely access statements, pay bias online and easily track all transactions • Make your money worth moresm-Find easy ways to earn and redeem cash rewards • -NEWT-Acrossyouroceount-mcurely-throughyour ----- mobile phone Transactions 9020678 Trans. Foe Dab Daft Fees TOTAL FEES FOR TM PE><tOD $ 0.00 Interest awed TOTAL NMEST FOR THIS PERIOD $ 0.00 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 TOTAL INTEREST CHARGED IN 2011 0.00 0.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION D' ER DISCOVER It pays to CAROLYN 80WEN Account number ending in 3401 page 2 of 2 Interest Charge Cakulation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Curran U69 Period: 6 days TYPE OF BALANCE Purchases Past Purchases Cash Advances V - Variable Rate ANNUAL PERCENTAGE RATE M 25.99% 28.99% 28.99% BALANCE SUBJECT TO INTEREST RATE $0 $0 $0 INTEREST CHARGE $0 $0 $0 Additional I nporlaard information Important Information. R there Is more than one page to this billing statement, we le back of each pogo for additional important information. See your Cardmember Agreement. Your Cordmembw Agreement contains all the terms of your Account. Lad or stolen Cords. Report ommedfatelyl Call 1-800-347-2683. When to Do If You Thhsls You find A MBteke On Yew SfeNnseM I you think then is an error on your statement, write to us at Discover, PO Box 30421, Sal Lake City, UT 841300421. In your Fewer, give us the following information: Account information. Your name and accouN number. Dollar amount: The dollar amount of the suspected error. Desrrrpekrrnifrabhm: N yao Adnt A err h aRerroranytwr bs8, dessnbs what yaufielteve Irwrangatrdwhy yatsiseRev?trls d misTC kf - - - - - - - - - - You must contact us within 60 days after "error appeared on yaw statement. You must notify us of any potential errors in writing You may call us, but B you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we imeslgate whelher or not there has been an error, the following are true:. We cannot try to collect the amount in question, or report you as delinquent an that amount. The charge in queston may remain on your statement, and we may continue to charge you interest on Ihal amount. But, if we determine that we made a mistake, you wi not haw to pay ilm amount in question or any interest or outer Fees related to that amour While you do not have to pay Ifse amount in question, you we responsible for le remainder of your balance. We can apply any unpaid amount against your credit limit. Your *Wft If Yee M 01sseNorfle1 With Your Credit Ce?d thrrehows if you are dissatisfied with the goods or services that you have purchased with yaw credh card, and you have tried in good faith to correct the problem with the merchant, you may ham it* right red to pay the remaining amount due on the purchase. To use this right, all of The following muss be true: 1. The purchase must have been made in your home slate or within 100 miles at your current mailing address, and the purchase price must have been more Ban $50. (Naler Neither of these are necessary il your purchase was based on an adveniss meM we mailed to you c r if we own the company Thor said you the goods or services.) 2. You must have used yaw 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 qualify. 3. You must not yet have fully paid For the purchase. If all of 6e criteria above are met and you are still diswlisfied with the purchase, contact us in writing are Discover, PO Box 30945, Sail Loke City, UT 841300945 While we Imeslieate, the some rules apply to she disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At duo point, R we think you owe an amount and you do not pay we may report you as delinquent. in Pamerds. Send onlyyour payment tend 1Mtap portion of this srotemem in the envebps provided. Do not send cosh. Fy sendinngg your cheekas described skxwpcaceullup?peMwachtsssktansacsoa._RpaymeorJtprocetsedasanelwraolcLwdlraas6r ae, you autisorire us b use ormlormnotion on yaw check bmake an aleclronic Fund transfer from your account al the firoectel Imlhmlon indicated onyour ?akonsbr.wiBbefotdvaoauya(Ibecfuck. we use InfermoNon from your eMek ro make an electronic fund transfer, funds may be wilhdrown 6om yaw account as soon as IM ante day ws recent yaw paymast, and you will rat recent yaw check back (rent your flnonelal InsNlution. The pracessirg of your payment may be delayed if you send cosh, correspondence or other (Isms with your payment if pu send if* payment to any other address or R you use an emel afse asset than the one provided. Payments received in propptert form of our proceaing IoeAly by SPM Beal lime on any day will 6e credited layout Account as of that day. Payments received at our proceui facility afiw 5PM local litres will be credited so your Account as of the new day. l you haw misplaced your envelope, send your paymers to Discover, PO Box 6103, Card Stream, It 60197.6103. Please allow 7.10 days for delivery. B your payment is returned unpaid, we reserve I6 right to resubmit it as an electronic debit. You can pay your minimum payment or a greater amount over the telephone, and yyoouu can set up ouromotic payments. Coll us at 1400347.2683. You will need this statement and your bank account information. You must ensure that sulk leno Funds are available in your bank account, and all transaction must comply with U.S. law. You will be asked to provide the first 5 digh. of your account statement ZIP code. By entering those numbers os yaw electronic stgnasum, you will be agrm" to this oulhorimgon to albw w and your bank to deduct each payment you oulhwis from yaw bank account, and to in,Yfate W or credit entries to yaw conk account, as applicable, to correct an error in the processing of such poyrneno. You must MII us the amour of each payment a you can select an amount such as the Minimum Payment Due or lme Now Balance on each stetemenT. You can cancel a payment however we must receive noNee at icon three business days In advance of the scheduksd payment. You may notify w by phone at i AOOJ47.2683 or by mail at the address listed in da evfous paragraph. R your payments very in amount, we will tell you on each monthly sooner, en! when your payment will be made and how much R will be. Lour ouromak payment amour may be less than inelcated on the monthly, uatemerhI based on credits or payments applied during the billing cycle. Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defouhs on your Account mmaoyy be reflected in your credit report. We normally report the sates and payment hbtory pl year Account to credit repath agencies each month. lyou beloom Ihsat our report is Inaccurate or incomplete, please write us at the Following address: stover, PO Box 15316, Wilmington, DE 1 985053 1 6. CC. indicate yew name, address, home telephone number and Account number. Payirsg tnterestt We begin ro impose Interest Charges on all transactions from the Transaction Date for the transaction shown on your 6116V stotement, unless a Transaction is posted so your Account after the close of the billing period in which of occurs, in which case we begin to impose interestBarges on that hansaclon from the flrss day of MN being period In which it is posted to your Account. We car" b impose Interest Charges urR IM date you pay your entire New Balance shown on your bdkng statement by making payments or recentng credits. If you paid the New Balance on your previous billing statement by the Payment Due Dote shown on that biling statement, we will not impose Interest Charges on new purchases, that is, purchases first a fng on the current billing statement, or any potion of a new purchase, paid is not less than 25 Them is no by dse Payment Date on your current scribe statement. We sail this 'gmee period. N Agreement riled ' How c We Apply Poace perfod on balaY transfers or cash h advances. t more silly described li the section of your oCardmember f each transaction yments, we generate a? payments to Account based on the APR applicable to th " e balance of each _ £Atlgpry. i}moE a usDt Ttpl fysslt too rtal RW Iss flew 8aknsa on esurreni bl knot *oRuent by_lbe.Poyment.Dmm Data dewnyn Bat statameM,lhea depending on the amount of your payment and the APRs on other bolonces, you may not got a grace period on new purchases. Minimum Irdersod Charge. We will charge you a minimum Interest Charge of $.50 far any billing period in which Interest Charges of less than S, 50 would otherwise be imposed. Annual Fee. If your Account has an annual fee, it will be blood at IM beginning of each anniversary year your Account is open. The amount of dse fee appears on the statement when the Ise is billed. The annual fee is not refundable unless you notify us that you wish ro close your Account within 30 days of the mating or delivery date of the statement on which The fee is blood. You will recent this refund even l you use your Card during that period. ?f"Xate Intend Charges Daily Balance Method (including current transactions): We figure Interest Charges for each billing ppeeY7tWo?? We calculate your Interest Charges separately for each balance subject to different terms (for example, standard purchases, standard cash advances and eacariea. h purchase, balance transfer and Cash advance balance subject to promotional terms). We refer to these balances as transaclon eoteg We figure the 'duly balance" for each Iranwction category. To gQN the *doh balance' we take the hadinning balance for each day, add any new transactions and fees and any Interest Charges accrued on le previousdor/s doily balance. We Own subtract any cmdi4 and payments and make other adjustments (Including those odiusTmers required in the section Wed 'Paying Interest"). In calculating the dopy balance for le firm day of Ise boiling period, we consider the 'previous days daily balance" to have been yaw balance on Ile last day of your previous billing period. This gives us the daily balance for each transaction category. We Figure the Interest Charges on your Account by multiplying the daily balance for each transaction category by its daily periodic rote, for each day In the billing period. The total Interest Charges For the billing period am the sum of the daily Interest Charges for each transaction category For each day during that billing period. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that she is Natasha Szczyaiel, LeIzal Placement Account Manager (Name) (Title) of DB Servicing Corporation successor to DFS Services LLC, servicing agent for Discover Bank, (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 correct to the best of her knowledge, information and belief. WWR# 9020678 Carolyn E. Bowen 6011002618523401 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F ILEQ-O F ICE. Jody S Smith THPROT041 014 "( "I`- Chief Deputy = 2011 APP 12 PM 2: 29 Richard W Stewart Solicitor OFF'C;E C?? 7"` i UMBERLAW 1001 P ' PENNSYLVANIA Discover Bank Case Number vs. Carolyn E. Bowen 2011-3330 SHERIFF'S RETURN OF SERVICE 04/11/2011 05:51 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on April 11, 2011 at 1751 hours, she served a true copy of the within Complaint and Notice, upon the within namec defendant, to wit: Carolyn E. Bowen, by making known unto herself personally, at 6 Annette Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. n ,. AMANDA COBAUGH, DEPUT'f I SHERIFF COST: $43.00 April 12, 2011 SO ANSWERS, RON Y R ANDERSON, SHERIFF !c; CounTYSIA e Shentf. Teleosoft. Inc.