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HomeMy WebLinkAbout11-4263w: 4 :. I !?"y - 9 PM c? IllE14 S) LV7'kN'iA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JENEE L CORSEY Defendant No : `/-, tit if I I COMPLAINT IN CIVIL ACTION 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 09089770 C A Pit CXC ?d '?9aav ?y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No JENEE L CORSEY 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: JENEE L CORSEY 528 ORCHARD AVE LANSDOWNE, PA 19050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1332 . 4. Defendant made use of said credit card and has a current balance due of $1209.40 , as of October 31, 2008 . 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 28.990% per annum on the unpaid balance from October 31, 2008 . 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 , JENEE L CORSEY INDIVIDUALLY , in the amount of $1209.40 with interest at the rate of 28.990% per annum from October 31, 2008 plus attorneys' fees of $125.00 , and costs. War ro t,42524 WEINBERG & REIS CO., L.P.A. nth Avenue, Suite 1400 gh, PA 15219 -7955 j:122-338-7130 C A Pit CXC This law firm is a debt collector atte?ting to collect this debt for our client and any information obtaine will be used for that purpose. New Balance DISC VER $1,209.40 08 SDSN6A01 0000988 JENEE CORSEY 52 COLLEGE PARK APARTMENTS SHIPPENSBURG PA 17257-8141 Minimum Payment Due Account Number ending in 1332 $1,209.40 Enfer Amount Enclosed Below Payment Due Date $? DUE IMMEDIATELY Go paperless and make your account EXHIBIT infor ti ma on more secure with password- protected statements only you can access. Learn more at discover comlpaperless. PO BOX 6103 1((rn??nr((us?u?us?r?? CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Print change in space 11111IlIrrrrrrI I I II If It III II Irrrrr(111rrrrr((r((rrsoil IrrI Ir(I above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. 000001986458769755386012094000000000120940 Discover More Card Account Summary Closing Date: May 8, 2009 page 1 of 1 Account number ending in 1332 Previous Balance $1 209 40 ;Payment Due Date June 7 2009 Payments And Credits , . 000 Minimum Payment Due $1,209.40 Purchases + 0 00 Credit Limit $500.00 Cash Advances . + 0 00 Credit Available $0.00 Balance Transfers . + 0 00 Cash Credit Limit $0.00 Fkwnce CJmrges . + 000 Cash Credit Available $0.00 New Balance $1,209.40 Cashback BonW Opening Cashbook Bonus Balance $ ODO New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonuse Anniversay Month: December How Can We Hel You? p ' 1 Visit Discovercom to pay your bd for no cost, v;ew your low Account information earn and redeem rewar.(.* ds and m It s your choice - 3 ways to help , ore 2. Cal 1-800-DISCOVER (347.2683) for fast, easy self service Please have your Discover Card available options or to speak with a Customer Service Account Manager . For TDD (assistance for hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 ;Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. 'Information For You While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so at this time. We have terminated, however any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of purchases and balance transfers. However we reserve the right to increase the APRs on your Account if you fail to pay the minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for details. PRR Charge Summary Avera ge Dail Daily P i d Nominal ANNUAL PER ANNUAL Transachon P A F y Balances er o ic Rates CENTAGE RATES PERCENTAGE RATES FiN HCE 14ANCE CHUMS current billing period: 30 days ,Purchases $0 Cash Advances $0 0.07942% 0 07 28.99% F 28.99% $0 $0 . 942% 28.99% F 28.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) 03 noted above. Important Information. It there is more than one page to this billing statement; see the back of each page for additional important nformabon. o See you Cardmember Agreement Your CardrnemherAgreement tartans all the terms of your Account. co z Lou or stolen cards. Report mnedietelyi. Cal 1400.347-2683. a 606" Rights Summery. In Case of Errors or Questions About You Big' If you tmkdk your bill is wrong, or if you need more information about a transaction on your big, write to us on a o separate sheet of paper a Discover. PO Box 30421, Sant Lake City UT 8413(1-0421, as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on °o which the wror or problem ed. You can haspfhone us, but doing so will not preserve your riots. In you letter, give us the following information: m name and Account number. The ddlar amount of the suspected error m Describe the error and explain. it you can, why you believe there is an error. If you need more information, describe the itern you are unsure about X You do rid have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bid that are not in question. While we investigate you question, we cannot repot you as delinquent or take any action to collect the amount you question. Special Rub for Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card, and you have hied n to maw good ( the problem with tie merchant. you may not have to pay the remaining annount due an the pods or res. You have priori one dw s pax was more e tan $50 wheri purchase 4 o acv di d y cat the end to purchase was made in your tome state or widen 100 miss of address. IN we own it ede your nailing operate the merchant or it we mailed you Ito adratisement for the goods or services, al purchases are covered regardless of the amount or location of purchase.) Payments. Send only you payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your crack as described above. you su horse us b use info rnauan on your deck to make an machawc fund transfer, tfrom your account at tie faanchd institution andicaled an your deck or to process this payment as a dock trasaction If payment is processed as an electronic turd Insister the transfer val be for the amount on the check. When we use nfontatio from a check an sb fund transfer rake eon, funds may be withdrawn lien you amount as soon as the same day we receive your payment. and you will not receive your dad bade from am stradion. your r fnencal tim Theprocessrny of your Payment. nay. be delayed d you.seal cash, correspondence or other items earn yotr.Mmlent t you.secl the payment to any other. address.or I you use an envelope other than die one provided. Payments received n pope form at our processent facility by 5PM beat time on any day will be o e6ted b your Account as of pal day. Payments received at our processthg f noddy after 5PM local time will be credited to vote Account as of the next day If you have misplaced your envelope, send your payment to Discover. PO Box 6103, Card Stream IL 60157-6103. Please stow 7-10 days for delivery. If you psynent is returned urea i, we reserve the right to resubmit it as an electronic debit You can pay you nanrrani payment OF a greater amount over des telephone, and you can sat up automatic payments. Cal us at 1-8M-347-2683. You wil now On statement and your bank account nfor abo. You woo ensure that sutiaall funds are available in your bank acorn, and al transactions muxf cmnply with U.S. law. You all be asked to provide des first 5 digits of your account statement zip axle. By enterng those numbers as your electronic sombre, you w+M be agreeing to this authorization to slow us and your beck b dBdld eadr payrrant you audhonze ham you baits accourt, and to innate debit or credl entries to you bannk account, as applicable, to oohed an error in the processing of such paymns. You must tent us the amount of each payment, or you can select an arrant such as the Mamsm Payment Due or the New Balance on each statement. You can cancel a payment (however we must receive notice at least deres busuness days in advance of the scheduled payment. You may notify us by phone at 1400-347.2683 or by mat at the address listed in de previous paragraph. If your payments may vary in amount, we will tag you on each maths statement when your payment will be made and her much t will be. Your Aulomew payment amount may be less tan indicated an the monthly statement based on credo or payments applied during ire bung cyder. Credit Reporting. We may report information about you aecaunl b credit bureaus. Late peymems. missed payments, or other defeats on your socourt may be takt ed in your credit repot. We normally repot the status and payment history of you Account to credit reponng agencies each mouth. If you believe that our report is taocumle or noonpkte, plea se wring us at dine following address: Discover. PO Box 15316, Wilmington. DE 19850.5316. Please ndde your fame, address, home telephone rubber and Account nurnber. PERIODIC FINANCE CHARGES. Periodic France Charges are imposed on al transactions from the date tea transaction is posted b your Account utd doe dab you pay you mike New Balance. by making payments or receiving credits. However. if you pad the New Balance on your previous b kq stabnbnt by the Payment Due Dab shown our that statement arid . you pay the New Balance by the Payment Due Date on you current billing statement we will not impose Periodic Finance Charges on new purchases, dial is. purchases first appeeang on des current statemard. We cal ties to grace period. Otherwise, you will receive a billing statement next month that includes Periodic Fiance Charges on those new purchases. There s no grace period on balance transfers or cash advances We sort your transactions rib grays of puchases, cash advances, and balance transfers and then farther sat the transaction wthin each grail by them Annual Percentage Rare. For exempla purchases subject to a promotional rate and purchases sib(ect to a standard rate would be separate groups. We refer to these groups as transaction categories. At the end ot. each dlWg period, we compute balances and Periodic Finance Charges for each day of the bating period for each transaction category. We use the following equation to compute Periodic Finance Charges for each horseman catelpry: Average Daily Balance x number of days in the biding period x Daily Periodic Rate. (You may refer to the franca charge summary on you billing statement for these amounts ) Then we add up the Parodic Finance Charges for each transaction category to get the total Periodic France Charges or yot++ Account The Average Deli Balance is shown as zero t. because of the place penud. no Periodic Fnawe Charges ape to the balance in a transaction t ca egory We use the Average Dady Balance tincludi g new hansadbnsl method of cnkatati g the balance upon which we impose Penode Ftihance Charges, We compute the Average Dad, Balance for each transaction category by adding up rod the daily balances in a billing period for a transaction category and dvidrg the total by the number of days in the billing cycle :v oo mpub the daily balance for each transaction category on each day by first adding des tot" to the Previous day a daily balance, transactions made gat day, lase charged that and Periodic Finance Charges accrued on the previous day's daily balance. and by then subtracting arty credits and payments dap are applied slower the balance of the trana e ; m category on that day. In calculating the daily balance for the twat day of the billing period, we consider the'previous day s balance' tq have been your balance for each henerctan category on the last day d your previous bdkg period. If a transacbm is posted to you Account after the dose of the btlahg period A which t occurs, we wit treat the transaction as fiat ing occurred on doe first day of One Whg period in which it is posted to your Account. ? Al feessrestr raiQccani are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee France Charges which are added to the applicable cash advance transaction cam" and Balance Transfer Transaction Fee Fiances Charges which are added b the applicable balers transfer kansadinn category When a special balance transfer rate expires we move the unpad balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges to the standard purchase transaction category I-lotever. if the special rate lux been terminated under the Delaug Rate Plan, we leave tie unpaid balance of the balance transfer and the Balance Transfer Trnns. action Fee Finance Charges in the applicable transaction category until the special rate would have expired. For TOO (TelecommuNcatioro Device for the Deaf) assistance, please call 1.800.347.7449. Discover may monitor adlox record telephone caps between you and Discover representatives for quality assurance purposes. The Disove? card is issued by Discover Bank, Member FDIC. OITBK170 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 Szczvgiel, 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# 9089770 Jenee L. Corsey 6011002664951332