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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No. I k -s? I g byl-I
vs. COMPLAINT IN CIVIL ACTION
MOHAMED R HAMID
Defendant(s) FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt, Esquire
PA I.D. #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#8857890
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No.
MOHAMED R HAMID
Defendant(s)
COMPLAINT IN CIVIL ACTION 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 ON AGENICES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
1.
OH 43054.
COMPLAINT
Plaintiff is a corporation with offices at 6500 NEW ALBANY ROAD, NEW ALBANY,
2. Defendant(s) is/are adult individual(s) residing at the address listed below:
MOHAMED R HAMID
1411 INVERNESS DR
MECHANICSBURG, PA 17050
3. Defendant(s) applied for and received a credit card issued by Plaintiff bearing the account
number XXXXXXXXXXXX5246.
4. Defendant(s) made use of said credit card and has currently a balance due of $9323.11, as
of NOVEMBER 3, 2010.
5. Defendant(s) is/are 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 29.99% per annum on the unpaid
balance from NOVEMBER 3, 2010. A true and correct 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(s) 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(s) has/have willfully failed
and/or refused to pay the balance due to Plaintiff.
WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant(s), MOHAMED R
HAMID individually, in the amount of $9323.11 with continuing interest thereon at the rate of 29.99%
per annum from NOVEMBER 3, 2010 plus attorneys' fees $125.00, and costs.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
SHALL BE USED FOR THAT PURPOSE.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
James C. brodt,-Tsquire
PA I.D. # 4
WELTM N, WEINBERG & REIS CO., L.P.A.
1400 V334 per Building
436 St Avenue
Pittsb , A 15219
(412) 955
WWRA•.8857890
C New Balance Minimum Payment Due Account Number ending in 5246
DISCOVER $0.00 $1,955.00 Enter Amount Enclosed Below
Payment Due Date $ t--
November 26, 2010 I
31 SDSN6A010006811
MOHAMED HAMID
732 WINDING LN
HARRISBURG PA 17111-2358
Go paperless and make your account
inforimation more secure with password-
pprotected statements only you can access.
Learn more at discover.comlpaperless.
PO BOX 6103 11111111111111
CAROL STREAM IL 60197-6103
Address, e-mail or telephone change? Go to www.Discovercam or print change in space above. ((if nn1)1t1n 1 111 111(nt1i 11111111111111111111(111 If 11
000001986458445000769000000000000000195500
Opening Date: October 17, 2010 - Closing Dale: October 31, 2010
Discover More Card Account Summary
Account number ending in 5246
Previous Balance $9,323 11
Payments And Credits - 9,323.11
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
Interest Charged + 0.00
Fees Charged + 0.00
i w Balance 000
See Interest Charge Calculation section fallowing
transactions for detailed APR Information
Credit Line $8,600.00
Credit Line Available $000
Cash Advance Credit Lino $4,500 00
Cash Advance Credit Line Available $0.00
wasisratin WrrV7 Anniversary Month
August
Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus This Period + 0,00
Coshback Bonus Ildance $ 0.00
To barn more, log in at www.Discover.com
page 1 of 1
Payment Information
New Balance $0,00
Minimum Payment Due $1,955.00
Payment Due Date November 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 $35 00.
Manage Your Account Onlints at www.Discover.com
is Securely access statements and free online tools, pay bills
online and track and view all transactions simply and easily
• Make your money worth more 5m-find easy ways to earn
and redeem cash rewards
is NEWI Access your account securely through your
mobile phone
3 Easy Ways to Contact Us
1. Access your account securely at www.DiKover.com
2. Call 1-800-DISCOVER (1.800.347.2683)
Please haw your Discover®card available.
3. Write to us at Discover, PO Box 30943,
Salt Lake City, UT 84130
For TDD (Telecommunications Device for the Deal)
assistance, please call 1.800.347.7449.
Transactions
Trans. Date Post Date
Payments and Credits Oct 31 Oct 31 INTERNAL CHARGE-OFF $ -9,323.11
Fees TOTAL FEES FOR THIS PERIOD $ 0.00
Interest Charged TOTAL RJiEREST FOR THIS PERIOD $ 0.00
2010 Totals Year-to-Date
TOTAL FEES CHARGED IN 2010
TOTAL INTEREST CHARGED IN 2010
163.00
1,322.11
?g1, Charge Calculation
Your Annual Percentage Rafe (APR) is the annual interest rate on your account.
ANNUAL PERCENTAGE BALANCE S1ILUECT TO INTEREST CHARGE
Current Bill irg Period: 15 days RATE (APIs) INTEREST RATE
Purchases 29.99% V $0 $O
Cash Advances 29.99% V $O $0
V = Variable Rate
Addhiond `npertOlrt I -to.. ation
Important Information. If there is more than one page to this lolling statement, see the back of each pose for additional important information
Continued on reverse side. DISCOVER
See your Cardmember Agreerttent. Your Cardmember Agreement contains all the terms of your Account
Lost or stolen cards. Report immedraielyt Call 1-800.347-2683.
What To Do If You Think You find A Mistake On Your Stafement
if you think dare his an error on your statement, write to us at Discover, PO Box 30421, Salt Lake City, UT 841300421
in your letter, give us the Following Informotson
Account information- Your name and account number
DoNor 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 ohm the error appeared on your statement
You must thotlfy us of any potential errors in writing. You may call us, but t you do we are not required to investigate any potential errors and you may haw to
pay the amount In question
While we investigate whetter or not there has been an error, the following are true
s We cannot try to collect the amount in question, or report you as delinquent on that amount
The charge in qqunnfion may remain on your statement, and we may continue to charge you interest on that amount But, If ors determine that we made a
m coke, you will not have to pay the amount in question at any interest or other hash related to that amount
While you do not have to pay the amount in question, you are responsible for the remainder of your balance
We can apply any unpaid amount against your credit limit
Your Rights N You Are Dissatisfied With Your Credit Cord Purchases
If you are dissathfle l with the goods or services that you haw purchased with your credit card, and you have tried 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 made in your home state or within 100 miles of your current mailing address, and the purchase price must have
been more than $50 (Note: Neither of dross are necessary if your purchase was based m an advertisement we mailed to you, or if we own
the company that sold 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 qualify
3 You must not yet have fully paid or to purchase
IF all of die cotes above are met and you are still dissatisfied with the purchase, contact us in writing at Discover, PO Box 30945, N
Salt Lake City, UT 841300945 N
While we investigate, the some rubs apply, la the disputed amount as discussed above After we knish our investigation, we will tell you our z
decision At that point, 1 we think you own an amount and you do not pay we may report you as delinquent zs
Paymor h Send only your payment and the top portion of this statement in the envelope provided Do not send cash By sending your check as described S
above, you outhosim us to use information on your check to make an electronic fund transfer from your account at the Financial institution indicated on your
o mete as a check transaction IF
a
ment is
rocessed as an electronic Fund transfer
the transfer will be for the amount of the check
check or to process" O
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When we use information From your check to make an electronic Fund transfer
funds moy be withdrawn from your account as soon as the same day we receive $
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The processing of your payment may be delayed IF you send cash, correspondence or otter items with your payment, if you send the payment to any other
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If your payment a returned unpaid, we reserve this right to resubmit it as an electronic debt
You can pay your minimum payment or a greater amount over she telephone, and you can set up outomaic payments Call us at 1400347.2663 You will
need this slatemert and your bank account information You must ensure that sufficient funds are available in your bank account, and all transactions muss
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signahxe, you will be agreeing to this authorlastion to allow us and your bank to deduct each paymete you authorim from your book account, and to initiate
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debli or credit entries to your bank account. as applica
e, to correct an error in the processing of such payment You must tell 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 camel a payment, however we must receive
notice at least three busiMss days in advance of the scheduled payment You may notify us by phone of 1-800347.2683 or by mad at the address listed in the
previous F-mgraph t yaw payments wry in amount, we will tell you on each monthly statement when your payment will be made and how much it will be
Your automatic payment amount may be less than indicated on the monthly statement based m 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
may be reflected in your credt report We normally report the status and payment history of our Account to credit reporting agencies each month If you
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Paying Inlereet: We begin to impose Interest Chorges on all trans«sions from the Transaction Date Forte transaction shown an your billing statement,
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is not less than 25 days There is no grace Period balance transfers or cash advances As more fully described in the section of your Cardmembor
Agreement tided "How We Apply Payments; we generally apply payments to cr Account based on the APR applicable to the balance of each transaction
category This means that 1 you do not pay the New Balance on the current bigmg statement by the Payment Due Date shown on that billing statement, then,
depending on the amount of your payment and the 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
Annual Fob. If your Account has an annual fee, it will be billed at the beginning of each anniversarryy year your Account is open The amount of the fee
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nailing or delivery date of Ithe statement on which the fee is billed You will receive this refund even if you use your Card during that period
How We Cokulote Interest Charges - Daily Balance Method (including current transactions): We figure Interest Charges for each billing
period To do Its
We calculate your Interest Charges separately for each balance subject to different terms (for example, standard purchases, standard cash
advances and each purchase, balance transfer and cash advance balance subject to promolimal terms) We refer ta these balances as
transaction categories
We figure "'daily balance" for each transaction category To get the 'daily balance" we lake the beginning balance for each day, add any
Interest Char
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previous days doily balance" to
have been your balance on" Iasi 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 rate, for each
day in the billing period
The total Interest Charges For to billing period are the sum of the daily Inleiess Charges for each transaction category for each day during that
billing period
When we calculate logy balances, we add a new transacton as of the Transaction Date shown on your billing statement, unless the transaction his posted to
oaur Account after de close of the billin
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exception of Cash Advance Fees which are added to the applicable cash advance srons«tion category and Balance Transfer fees which are added to the
applicable balance transfer transaction category
For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800.347-7449.
DisAAilaIM and/or record telephone calls between you and Discover mpresemafives For quality assurance purposes
ThevDiissc?oovve/rM caar is issued by Discover Bank, Member FDIC OITSK 171
Ma r. 28, 2011 7: 50AM
No.0511 P. 2/2
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to
unswom falsifications to authorities, that she is Natasha Szczy ig_el, 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.
W WR#8857890
MOHA NI ED R. HAMID
6011002320635246
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OFF CE OF TH5 $?-ERIFF
FILE -OFFICE
OF THE PROTHONOTARY
2011 MAY 25 AM 8: ?O
CUMBERLAND COUNTY
PENNSYLVANIA
Discover Bank
Case Number
vs.
Mohamed R. Hamid 2011-3849
SHERIFF'S RETURN OF SERVICE
05/24/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Mohamed R. Hamid, but was unable to locate him in hi:
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant
Mohamed R. Hamid. Request for service at 1411 Inverness Drive, Mechanicsburg, Pennsylvania 17050
is owned by the Defendant but this is not his residence. To date The Mechanicsburg Postmaster does not
have a good forwarding address for the Defendant.
SHERIFF COST: $43.00 SO ANSWERS,
May 24, 2011 RbNWY- R ANDERSON, SHERIFF
(C7 CounfySu to Sheriff Teleosoft Ina
i' ILED-OFEIC
;- THE PROTHONOT: j
2011SEP-9 PM12:2i
WELTMAN, WEINBERG & "IS CO., L.P.A. CUMBERLAND COUNT
PENNSYLVANIA
BY: Sarah E. Ehasz Attorney for Plaintiff(s)
I.D. No. 86469
436 Seventh Avenue 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
Fax: (412) 338-7130
File # 8857890 SEE/SJS
DISCOVER BANK
VS.
MOHAMED R HAMID
Cumberland County
Court of Common Pleas
No.: 11-3849 CIVIL
PRAECIPE TO DISMISS WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss the above matter without prejudice .
WELTMAN, W
By
Sarah E. Ehasz, Esquire
Attorney for Plaintiff
&P,EIS CO., L.P.A.
1111111 III1I 1111111111111111111111111111111111111111111111111111111111