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Home My WebLink About11-3507I , L r F ROTF?ONOTAR'r 6 P t I 1: 2 J ".)I' ID RLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JASON R BAKER Defendant No : 11-356-7 Civil COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERIG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 09023154 C A Pit CXC ?? ?Q? oo pd Ck?s?i? spa era s? sss IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No JASON R BAKER 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 ages, 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: JASON R BAKER 430 RUN RD CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5220 . 4. Defendant made use of said credit card and has a current balance due of $2504.58 , as of February 04, 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 20.990°- per annum on the unpaid balance from February 04, 2011 . A copy of Plaintiff's STATEMENT i3 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 , JASON R BAKER INDIVIDUALLY , in the amount of $2504.58 with interest at the rate of 20.9908 per annum from February 04, 2011 plus attorneys' fees of $125.00 , and costs. James C. WELTMAN, 436 Sev Pittsbu (412) 3 FAX: 4 2 090231 4 This law firm is a debt collector attempt our client and any information obtained w, ar ro t,42524 ;EINBERG & REIS CO., L.P.A. Avenue, Suite 1400 PA 15219 955 f38-7130 C A Pit CXC to collect this debt for be used for that purpose. New Balance , Minimum Payment Due i Account Number ending in 5220 DISCOVER $0.00 L$496.00 - Enter Amount Enclosed Below Payment Duo February 2 266, , 2011 L 31 SDSN6A01 0001411 JASON BAKER Go paperless and make your account 4 3 0 RUN R D information more secure with password- 430 statements only you can access. CAR L I S L E PA 17015-7732 Learn more at discover conAmperless. PO BOX 6103 1lIloilo s1111111IfIloilo. I CAROL STREAM IL 60197-6103 Address, email or telephone change? Go to www.DlscaverCem or print change in space above Irllnriluunil I riuinninI I unr1111nnn11 rlinnl1Inluii . 000001986458364308607000000000000000049600 Opening Dab: January 7, 2011 - Closing Dale: I Discover More Card Account Summary Account number ending in 5220 Previous Balance $2,504.58 Paymenis And Credits 2,504.58 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Ch ed + 0.00 New Balance 0.00 See Interest Charge Calculation section followi ng transactions for detailed APR information Credit Line $2,100.00 Credif Gni Available $0,00 Cosh Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 ry 31, 2011 page 1 of 2 Payment InFormation New Balance $0.00 Minimum Payment Due $496.00 Payment Due Dote February 26, 2011 Lab Payment Waning: 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 25.99% variable. Manage Your Account Clnline at www.Ditscavw.com • Securely access statements and free online tools, pay bills online and track and view all transactions simply and easily • Make dm money rs worth maesm -find easy ways to earn and re • NE W I Access your account securely through your mobile phone 3 Easy Ways to Contact Us CaAbock SonuSe Anniversary Month 1 Access your account securely at www.Diseever.can 2. Call 1.800-DISCOVER (1-800347.2683) April Please have your Discovers card available, Opening Cashbock Bonus Balance $ 0,00 3. Write to us at Discover PO Box 30943, New Cashbock Boras This Period + 0.00 Sak Lake City, UT 84130 (Not a payment address( For payments, ? send to address on remittance or CaJdmk Bows Balance $ 0.00 Discover, PO gox 6103, Carol Stream, IL 601976103 To Isarn more, log in at www.Di9covw corn For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800.347-7449. Transactions Trans. Post Payments and Goths Jan 31 Jan 31 INTERNAL CHARGE-OFF $ -2,504.58 Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Intend Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 $ 35.00 TOTAL INTEREST CHARGED IN 2011 45.14 9023154 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DI R DISCOVER It pays to JASON BAKER DISCOVER Account number ending in 5220 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rata (APR) is the annual interest rate on your account, Cumin Wing Period: 25 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE RSUUTBJECT TO INTEREST CHARGE Purchases' 07/26/2010 and after 20.99% V $0 $0 07/25/2010 and prior 15.99% $0 $0 Past Purchases 18.99% $0 $0 Cash Advances 22.99% $0 $0 V - Variable Rate * Dates apply to non-promotional purchases and to expired promotions with start dabs within the specified date range Additional Ynportmt irdermailion Important Inform ition. M there is more than one page to This billing statement, we the bock of each page for additional important information. Son your Cordmomber Agreement. Your Cmdmember Agreement contains all the terms of your Account. Lost or stolen cards. Report im rediatelyl Call 1-800-347.2683. What To Do IF You Think You Piled A Mistake On Your Statement _IfyoySll.:rklbaritb911armonysaitiftmitDL_vile-ta.vs-pt -PlQ4Yer-P0B2x3042L5QILlak*City. UTed;124411.-------------- In your letter, give us the following information: - - - -' ' Account information: Your name and account number. DoBor 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 b is a mistake. You must contact us within 60 days aFW the error appeared on your station I. You must notify us of any potential ertors in writing. You may callus, but R you do we are not required ta investigate any potential errors and you may hove b pay the amount in question. While we investgate whsdat 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 on that amount. • The charge ;n que.9 may remain on your statement, and we may continue b charge you interest on Ihot amount. But, if we determine That we made a mistake, you wiN not have to pay the amount in question or any interest or other fen related to that amount. While you do not haw b pay the amount In question, you are responsible Far the remainder of your balance. • We can apply any unpaid amount against your credit limb. Your Rights of You Are Ohmofis&d With Your Credit Cars) Fttttdwses if you are dissatisfied with the goods or services that you have purchased with your credit cord, and you haw tried in good faith to correct iha problem with the merchant, you may have the right not to pay the remaining amount due an the purchase. To use this right, ail of the following must be true: 1. The purchase must have been made in your home state or within 100 miles al your current mailing address, and the purchase price muss haw been more than $50. (Note: Neither of these are necessary if your purchase was based on an adwromm"I we mailed to you or if we own the company that sold you the goods or services.) 2. You must have 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 quality. 3. You must not yet have fully paid for the purchase. IF all of the criteria above are met and you are still dissatisfied with the purchoss, contact us in writing at: Discover, PO Box 30945, Sall Lake City, UT 8/1300945 While we ihvesligare, the some, rules apply to the disputed amount as dt-ssed-obow: Aber we finish our investigation, we will self you our decision. Al that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payrosints. Send only your payment and the top portion of this statement in the erwelope provided. Do not send cash. By sendinngg your check as described above, you authorise n ta use information on your check to make an electronic fund transfer from your account at the Financial insh7usion indicated an your check or to practru the payment as a check transaction. If payment is processed at an electronic Fund transfer the transfer will be for de amount of the check. When" use information horn your check to make an electronic fund transfer, funds maybe withdrawn from your account as soon as the some day we receive your payment, and you will not receive your check back from your financial institution. The processing of your payment may be delayed R you send cash, car respotxla sce or other items wish your paymecI ;f you send the payment to any other address or d you use an envelope other than "one provided Payments received in proper For' at our pracessing IacilBy by SPM focal time on any day will be credited so your Account as d that day. Payments received at our processing FoARy after 5PM focal time will be credied so your Account as of the next day. IF you how misplaced your envelope, send your payment to Discover, PO Box 6103, Card Stream, IF 60 1 9 7-61 03. Please allow 7-10 days fur delivery. IF your payment is relurned unpaid, we reserve the right to resubmit it as on electronic debit. You can pay your minimum paymert or a greater amount over the telephone, and you can set up automatic payments. Call us at 1.800.347.2683. You will need this statement and your bank account information. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. Ym will be asked to provide the first 5 digits of your account statement ZIP code. By entering those numbers as your electronic sgmlure, you will be agreeing to this autsorimtfon to allow us and your bank to deduct each payment you outhoin from your bank account, and to iniriote dab;I or credit entries to your bank account, as applicable, to correct an error in the processing a such payment. You must tent us the amount of each payment or you can select an amount such as the Minimum Payment Due or the New Balance on each statement. You can cancel a payment; hawewr we must receive notice at least three business days in advance of the scheduled poymsnt. You may nobly, us by phone at 1.800.347.2683 or by mail at the address listed in the pravian paragraph. B your payments vary in amount, we will tell you an each rnaMhly statement when your payment will be made and how much it will be. Your aubm tic payment amount may be less than indicated an the monthly statement bossed on credits or payments applied during the billing cycle. Credit Reporting. We may repot information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit repel. We normally report the status and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, ph?osf write us at the following address: Discover, PO Box 15316, Wilmington, DE 19850.5316. Please indicate your name, address, home telephone number and Account number. Payitsg Inhered: We begin to impose Interest Charges on all Iansactions from the Transaction Dare fur the transaction shown on your billing statement, unless o transactipt is posted to Milling after the close of the billing period In which it occurs, in which case we begin to impose mtereu charges an that transaction From the first day of the billing period in which it Is posted to your Account. We continue to impose Interest Charges until the date you pay your entire New Balance dawn on your billing statement by making payments o receiving credits. IF you paid the New Balance on your previous billing staMnent by het payment Due Do ho? on Ota bRiag statement, we wi II not impose Interest Charges on new purchases, that is, purchases firoppwring on the billing statement, r any portion of a new purchase, paid by On Payment Due Dale on your current billing statement We cad this tIS groe period. It is not loss Iran 25 days. There is no grace per' an balance transfers or cash advanen. As more fatly described in the section of your Cardmember Agreement tilled 'How We Apply Payments,' we generally apply payments to your Accoynt based on the APR applicable to the balance of each transaction category. This means that if you do not pay the New Balance an the current biding statement by the Payment Due Date shown an that billing statement, then, depending on the amount of your payment and to APRs on other balances, you may not get a grace period on new purchases. Minimum Interest Charge. We will charge you a minimum Interest Charge of $.50 for any billing period in which Interest Charges of less than $.50 would otherwise be imposed. Areal U54our Account has an annual fee, it will be billed at the beginning of each annivewary year your Account is open. The amount of to Fee appears on the statement when de Fee is billed. The annual fee is not refundable unless you notify us that you wish to close your Account within 30 days of this mailing or delivery date of the statement on which the lee is billed. You will receive this refund even if you use your Card during that period. How We Calculate Interest Charger Daily Balance Madmid (including current transactions): We figure Interest Charges for each billing period. To do this: We calculate your Interest Charges separately for each balance subject b different terms (for example, standard purchases, standard cash advances and each purchase, balance transfer and cosh advance balance subject to promotional terms(. We refer to these balances as transaction caegories. • We figure rhe'daihy balance' Far each transaction category. To gN tne'daty balance' we take the beginning balance for each day, add any new transactions and Fees and any Interest Charges accrued on the previous day's daily balance. We then subtract arty credits and payments and make other adjustments (including those adjustments required in the section Wad *Paying InteroWl. In cakulatng the daily balance for the First day of the biding period, we consider the'pnvious day's daily bolance- to have been your balance on the lost day of your previous billing period. This gives us the daily balance For each transaction category. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISC VEIL 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 Szczygiel, Legal 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# 9023154 Jason R. Baker 6011002251665220