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HomeMy WebLinkAbout11-4013 HON -2 Pty 3.39 pFil -INSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK 2 Plaintiff No: VS. ELLEN SEACHRIST 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 09023204 C A Jer HOH ©cw oo pd a Q4,9sB10as IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No ELLEN SEACHRIST 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: ELLEN SEACHRIST 202 HILLCREST DR NEW CUMBERLND, PA 17070 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5826 . 4. Defendant made use of said credit card and has a current balance due of $7092.53 , 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 13.490% per annum on the unpaid balance from February 04, 2011 . 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 , ELLEN SEACHRIST INDIVIDUALLY , in the amount of $7092.53 with interest at the rate of 13.4900 per annum from February 04, 2011 plus attorneys' fees of $125.00 , and costs. 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 09023204 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. New Balance I Minimum Payment Due Account Number ending in 5826 DISCOVER $0.00 ( $1,202.00 Enter Amount Enclosed Below Payment Dw Dab Z Fobn#wy 26, 2011 31 SDSN6AD1 0001461 ELLEN SEACHRIST 202 HILLCREST DR NEW CIIMBERLND PA 17070-3032 Go paperim and make your account information more seem with password. proteoled statements only you can access. Learn more at d1wolrar cornlpaperless. PO BOX 6103 Illmssllsssssllsmsrllmllrsl CAROL STREAM IL 60197-6103 Address, *-mailortelephone change? Go to www.D6cavw.com or print change in space above. i m IlmmIlmmmnulll,lnl na I nllmunnllllnnnmllmllummmllfill ll 000001986458840130369DOOOOOOOODODOOD12D200 opening Data: January If, zu I I Closing Data: Discover Open Road Card Account Sumir I Account number ending in 5826 Previous Balance $7,092.53 Payments And Credits 7,092.53 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 New Balance 0.00 See Interest Charge Calculation section following transactions for detailed APR Information Credit Line $7,9.00.00 Credit Line Available $0.00 Cash Advance Credit line $2,200.00 Cash Advance Credit Line Available $0.00 war•w?w w?rva Anni"mry Month April Opening Cashbock Bonus Balonce $ 0.00 New Cashback Bonus This Period + 0.00 CGJAW k Saws balance $ 0.00 To iwrn more, log in at www.Dkcovw.com y 31, 2011 page 1 of 2 Payment Information New Balance $0.00 Minimum Payment Due $1,202.00 Payment Due Dab February 26, 2011 Lab Paynwnr Warning: If we do not receive your minimum payment by the dab listed above, you may have to pay a late Ise of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the penally APR of 18.49% variable. Manage Your Account Online at www.Woewiw.com • Securely access statements and free online tools, pay bills online and track and view all transactions simply and easily • Make your money worth mores-find easy ways to cam 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 WwWJNK~.Can 2. Call 1400-DISCOVER (1-800347-2683 Please haw your Discoverecard available. 3. Write to us at Discover PO Box 30943, Sant Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Carol Stream, 11 60197-6103 For TDD (Telecommunications Device for the Deaq assistance, please call 1-800347.7449. Transactions TD: D Dais Faysnenls end Credits ten 31 Jan 31 INTERNAL CHARGE-OFF S -7,092.53 Fees TOTAL FEES FOR TM MM $ 0.00 Interest Charged TOTAL WTEREST FOIL THIS PERIOD $ 0.00 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 TOTAL INTEREST CHARGED IN 2011 9023204 S 35.00 80.39 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DrSE4M Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloodable, 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 Discoveccom/paperless 02010 Meow !lank, Mwnbw FDIC PAPEL0310 W O y D 9023204 QUQsllons? Visit www.D6cww con or D' 4WER call 1.800-DISCOVER (1-800-347-2683. DISCOVER It P°Y' b ELLEN T QW®VE? Account ccount number er ending in 5826 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rote (APR) is the annual interest rate on your account. Currant lillitg Period: 15 days TYPE OF (MANGE ANNUAL CEMAGE LALANCE ECi TO MEREST CHARGE W% INIEREST RATE Purdrases 13.49% V $0 $0 Cash Advances 20.99% $0 $0 V . Variable Rate AddWottal important Inkr natiar Importasd information. R there is more than am page to this billing statement, see the back of each page for additional important information. See your C thasimber Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cases. Report immediotelyl Call 1.800-347.2683. VAW To De If YOU Ti Wssk you Find A AtsNice On Yew JrefemeM If you think there is an ertor an your statement, write to us at. Discover, PO Box 30421, Solt take City, UT 841300421. In yaw letter, give us the following Wormation; Account kdannafion. Your name and account number. Dollar amount, The door amount of the suspected error. Description of problem: t you drink there Is an error on your bill, describe what you believe is wrong and why you believe d is a mistake. -------- --------- ----- ------- - ------- .----------- --- - -- - -- -- You must concoct us within W efoys cfNr ITii error appeared on your slatemenl. You must nobly us of any potential errors in writing. You may call us, but i you do we an not required to Investigate any potential errors and you may have to pay the amount M question. While we Investigate whether or nol ohms has been an error, the Following are true: We cannot try to collect the amount in question, of report you as delinquent an that amount. The charge in may remain an your statement, and we may continue to charge you Interest on tat amount. But, t we determine that we made a mistake, you Ina how to pay the amount in question or any interest arother fees related to thatamount. 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. Year IDghb MYou Are Dhwe#h&d WPM Yew Cro& Card Purrhooes t you we dissatisfied with the goods or services that you have purchased wtth your credit card, and you haw herd I. good faith to correct to problem with to merchant, you may have de right not to pay the remaining amount due on the purchase. To use this right, all of the following must Ise true: 1. The purchase mug have been made in your home slate or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Nohlw of these are necessary il your purchase was based an an adverlbemeM we mailed to you or t we own the company that sold you to pack or services.) 2. You must have used your crocks card lor to purchase. Purchases mode 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 to crieria above are met and you are gill dhsaisfied wilh the purchase, contact us in writing at: Discover, PO Box 30945, Sale Lake City, UT 841300945 While vre Investigate, the some rules apply to the disputed amours as discussed above. After we finish our Investigation, we will tell you our decision. As tat pairs, i we think you a" 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 envelope provided. Do not send cash. By sending your check as described above, you authorize us to use khformation on your check to make an electronic fund honor ham your account at the financ al insiMion indicated on your check or to process the payntem as a check transaction. t payment is processed as an eleekonk fund transfer, the knsfer will be for the amount of to chock. When we use Information from yaw check to make an eleekonk fund hander, funds may bs wltdret 6om your a count as won as the same day vr? receive your payment, and yeti will not receive your chiekboek From your eiiZiihlnslit ution. The processing of your payment may be delayed R you send cash, correspondence or other items wtth your payment If 6C by the payment to any other address or 0 you use an ernolopo atser than to one provided. Payments received in poper (arm at our paceuag faclWy by SPM toed time on any day will be crsdiod b your Accoeo asoltat day. Paynhents received at our processing Facilityalter Slim local into will bo credited to your Account as of to new day. M you how mhplacsd your envelope, sad your payment to Discover, PO Bas 6103, Card Stream, IL 601976103. Please allow 7.10 days for delivery. 1F yaw payment is returned unpaid, vve reserve rise right to resubmit it as an electronic debt. You can pay your minimum payment or a greater amount over the Idephone, and you can sty up ausomatk payments. Coll us at 14800-347-2683. You will neod this statement and your honk account Information. You must ensure that sufficient funds are available in your bank account, and ate tranociom mug comply with U.S. haw. You will be asked b provide the first 5 digils of your account statement ZIP code. By on" Lase numbers as your oeckonk sigrnaluro, you will be agreeing b this aihariswion to allow us and your bank 1o deduct each paymsM you autswias ham yaw bank account, and to innate debt a credp eMrbs to your bank account, as applicable, to correct an arse in tw processing of arch paymom. You mat tell us the amount of each payment a you can select an amount such as tte Mitlexum Payment Due or Ins Now Balance on each statement. You can cancel a payment, however we mug receive pnoelvkiea++ at sag three Iwsinou days to alwnee of the scheduled pdsymont. You may np,* us by phone at 14DDa47.2683 or by mall at the address listed in the your aulo oic ??. I your payments vary ein amount Won ued will Hyman an each moMMy statement when your payment will be made and how much i will be. payment mount may monthly sbtemenl based on credits or payments applied during the billing cycle. Cre& Reporting. We may report information about yaw Account to credit bureaus. Lose payments, missed payments, or other defaults on your Account mat be reAocted in your ctedtt repo". We normally top ct the status and payment history ofyow Account to credit rope' ogerheles each month. If believe that our report Is inaccurate or incomplote, p? wrlte w co the following address: Discover, PO Box 15316, Wilm ngbn, DE 19850.5316. Reese Q. mckaw your name, ocdross, home Mhphone number and Account number. Paying Ute . We beam to Impose Interest Charges on all traraocilons From the Twnsocion Date far the transaction shown on your i>gkeg salon t, hneu o transaction is posted b your Account after to close of the billing period in which it occurs, in which case we begin to impose !Merest charges an tat transaction from the fins day of the billing Period in which it Is posted a your Account. We continue to Impose Interest Charges unit to date you pay your ent&e Nor. Bolahce shown on your billing statement by making payn eft or nee credits. d you pail the New Balance on your previous billing statement byte Ohue is shown an that billing statement, we will not impose Interest hoges on new purchases, that is, purchases &g appeatxhp on the current billing statement, or arty portion of a now purchase, paid by to Payment Due Date on your current Wkng sasemenl. We call This the g." is period. It is nor less tan 25 days There is no grace period on balance trantfars or cash advances. As more fully described in the socAsm d yyoouur Cordmemberr Agreement IRled 'How We Apply Poymeris, ' we generally apply paymwft to yyoouur Account basal on the APR applicable to the laiahco of each transaction category. This meant tat tyou do not pay she New Balance an tee current Uz skis mom by to Payment Due Dow shown an that billing statement, ten, _depsndinp on de amount d your payment and the APRs on other iabnus, you may notgol a grace period on.naw purchases. Minimum Interest Charpa. We wn11 charge you a minimum Interest Chomps of $.50 for any billing period in which Interest Charges of less than 330 would otherwise be imposed. Annual Fee. 0 your Account has an annual fists, Is will be billed at the beginning of each onniwrwry year your Account is open. The amount of IM he appears on to statement when the fee is billed. The annual fee is not refundable, unless you ra1Ry us IFhot you wish b close your Account within 30 days of the mailig w delivery dote of tin sabmenr w whkh the lee k biBd. You wiR recent this refund even N you useyourCord during that period. Now Wsi Calculate IMerwl Charges Daily Balance Method (Inducting asrrent tronsodions): We figure Interest Charges for each baling pU23 late your Interest Charges separately for each balance subject to digarent arms (for emmple, stadord purchases, standard cash aces and each purchase, balance transfer and cash advance balance subject to promotional terms). We rehr to IMse balances as transaction categories. We figure she "doily balance' for each transaction category. To gin tit'doiy balance' ern eke the beginning balance tar each day, add any raw transactions and fees and any Interest Charges accrued an to previous day's daily balance. We (Ten subtract any credits andpaym?na and make other odlusrments (including those adiushmmis required in the section rMed "Paying Mterosr). In calculating the dolly balance for ter this acion balance' to have been your balance on the last day of your previous billing days of this This ing period, de consider the each Ius days period. alt balance for category. We figure to Interest Charges on your Account by multiplying to dally balance for each transaction category by tts daily periodic rate, For each day In the billing period. The tatol Interest Charges for the billing period are the sum of the daily trhterest Charges for each transaction category For each day during that billing period. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOM When we cokuleb daily balances, we odd a new hansacMon as of the Tronwcdon Dab shown on your bilinp am m a. unless the tranac ion is pabd b your Accountobr the close din billing period in which b occurs, in which ceu the wansacion wiA be adtlad b Abe daly holaneeas d in flrY day d the bi" period in which R Is posbd to your Account. AN lees charged to your Account we added to in standard purchase kansocion cobpory wbh the in exception of Cash Advance Fees which am added b the applic cash advance transaction cobgory and Balance Transfer Fees which an added so applicable balance transfer aamaction cabgory. ForaiBrs Currency feet 2%olthe U.S ddtx aemunt d each purchase made in o foreign currency. PeimlljMft you id to amts a paymentwbn due, we may. In accordance wdh appliwbb law. ltl M me she avola6ily of any iniroduciary/promagonal on new Yanwciom, and (ii) increase your APRs for new sransoc"m to va riable Penally APRs which will be debrmtnd by oddirq hrp b on oddoonol S percwrruge patio b in ashes w appNeaWe APR. Yom Pbra y APR is debrmimd based on yaw credbwad ineu and aiw incton such as your currant APRs, and yam account Wary. N your APR For new transacions we increased for a lob poynwd, the Penally APRs will apply irK6WIsely. For TDD (TalecomrMMlOaflaae Devke for" Deaf) nee- - ce, please call 1-800-547.7449. Discover moy moram and/or record blsomne cab be - i you and Discover npewsms ves for quality assurance purposes. The DiscowrO card b issued by Dbcover Bank Member FDK: Ol TSK 172 ---- --- ----- --- --------- ------ -- 9 W Q? 3 9023204 Questions? Visit wwwjHscavw.=m or DW•VER call 1-800-DISCOVER (1-800-347-2683). Apr. 4. 2011 4:40PM No. 0562 P. 4/14 VERIFICATION Natasha Szczygiel , T Legal Placement Account Manager (Name) (Title) of DB Servicing Corporations servicing affiliate for Discover Bank > (Company) does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities states, that he/she is a duly authorized representative of plaintiff herein and authorized to make this verification, and that the facts sets forth in the foregoing Amended Complaint are true and correct to the best of his/her knowledge and information and that he/she is personally familiar with the account and the relationship between Discover Bank and DB Servicing Corporation. That Discover Bank, fWa. Greenwood Trust Company, is a FDIC- insured Delaware State bank, and its servicing affiliate DB Servicing Corporation, extends credit through issuance of the Discover Card. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including, among other things, marketing, application approval, transaction approval, customer service, security, billing and the collection of delinquent accounts. The collection of delinquent accounts includes the right to forward the same to the attorneys and/or collection agencies for collection and to file suit on Discover Bark's behalf. Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Services. Date ? k?, (? (Signature) ()U U Ellen. Seachrist 601 1 0027 5458 5826 W WR#9023204 DB Servicing Corporation servicing affiliate for Discover Barak PO Box 3025 New Albany, OIL 43054