Loading...
HomeMy WebLinkAbout11-4671FILED-O F#^E ? r7 {l THE PROTNONCIITAR 2011 MAY 31 P1112:716 CUMBERLAND COUNTY PENS SYLVAN1A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs ELIZABETH M BEATTY Defendant No : //- y071 ?10'/ 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 09133311 C A Pit CXC l?/??i` saoo?oas IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No ELIZABETH M BEATTY 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 individuals` rpsidincr at the address listed below: ELIZABETH M BEATTY 13 PATRICIA DR ENOOA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5819 . 4. Defendant made use of said credit card and has a current balance due of $4069.16 , as of March 31, 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 18.490% per annum on the unpaid balance from March 31, 2011 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 11111 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 ?is do so ov 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 , ELIZABETH M BEATTY individually , in the amount of $4069.16 with interest at the rate of 18.4906 per annum from March 31, 2011 plus attorneys' fees of $125.00 , and costs. James War t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S v nth Avenue, Suite 1400 Pitt bu gh, PA 15219 (412 4 4-7955 FAX 4 2-338-7130 091 3 11 C A Pit CXC This law firm is a debt collector att ing to collect this debt for our client and any information obtain will be used for that purpose. A ,?-y New Balance 'Minimum Payment Due ! Account Number ending in 5819 DISC? >VER $0.00 `S889.00 _ J Enter Amount Enclosed Beksw Payment Due Date Apri 26, 2011 ow, 31 SDSN6A01 0004743 `Y 5'1 ELIZABETH BEATTY rM/A? 13 PATRICIA DR ENOOA PA 17025-1933 PO BOX 6103 111111111193111 111111111 fill 11 CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? } }{rr{Irinrr{{{?lnliii}?{In:l}}{ uu? }? ? {} ?nr? }I n { n {{ Go to www.Discover.com or print change in space above. u 000001986459470278023000000000000000088900 Opening Dab: Mach 24, 2011 - dosing Dab: March 31, 2011 Discover Motiva Card Account Summary ( Account number ending in 5819 pope 1 of 2 Payment Information New Balance $0.00 Minimum Payment Due $889.00 Payment Due Date April 26, 2011 Previous Balance $4,069 16 Payments And Credits 4,069)6 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 - New - -- 00 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $7,200.00 Credit Line Available $0.00 Cash Advance Credit Line $1.900.00 Cash Advance Credit Line Available $0.00 Coshback Bonuse Anniversary Month July Opening Coshback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Casih6ock Bonus Balance $ 0.00 To learn more, log in of wwwMiscover.com 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 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 23.49% variable. Manage Your Account Online at www.Discover.com • Securely access statements and free online tools, pay bills online and track and view all transactions simply and easily • Make your money worth morel-find easy ways to earn and redeem cash rewards NEWI Access your account securely through yaw mobile phone 3 Easy Ways to Contact Us I Access your account securely at wwwMiscover com 2. Call 1-800-DISCOVER (1-800347-2683) Please have your Discover* card available 3. Write to us at Discover, PO Box 30943, Sale Lake City, LIT 84130 (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Card Streom, IL 601 97-6 1 03 For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449 Transactions Trans. Post Dab Dole Payrrwnts and Credits Mar 31 Mar 31 INTERNAL CHARGE-OFF $ -4,069 16 Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 $ 105.00 TOTAL INTEREST CHARGED IN 2011 159.94 9133311 NOTICE SEE REVERSE SIDE FOR IMPORTANT INFORMATION IXXIOVER DISCOVER It pays b ELIZABETH BEATTY _ MCOWK Account number ending in 5819 page 2 of 2 Interest Charge Calculatian Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 8 days TYPE OF BALANCE Purchases' 10/13/2010 and after 10/12/2010 and prior Cash Advances ??U(LPERCENTAGE BALANCE SUBJECT TO INTEREST RATE INTEREST CHARGE 18.49% V 16.49% V 20.99% $0 so $0 50 So $0 V = Variable Rate ' Dates apply to non-promationai purchases and to expired promotions with start dates within the specified date range Additional Important Information See your Cardmember Agreement. Your Cordmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediatelyl Call 14800347-2683. What To Do N You Think You Find A Mistake On Your .Statement If you think there is an error on your statement, write to us at: Discover, PO Box 30421, Sob Lake City, UT 84130.0421 In your letter give us the following information: Account information: Your name and account number Dollar amount. The dollar amount of the suspected error • Descri Jion 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 misto e. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in wwnri ft. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether 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 in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees 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 Dissaf flied Wdh Your Credit Card Purchases IF you are dissatisfied with the goods or services that you have 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 mode 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 these are necessary if your purchase was based on an advertisement 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 qualify. 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 purchase, contact us in writing at: Discover, PO Box 30945, Salt Lake City, UT 84130-0945 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do rot pay we may report you as delinquent. Payrrrerrts. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sendi yyoaur check as described above, you authorize us to use information on your check to make an electronic fund transfe?from your account of the Firroncial insfitulion indicated on your check or to process the payment as a check transaction. Tf payment is processed as an electronic fund kans(sr the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer funds may be withdrawn from your account as soon as the same day we receive your payment, and you will rat receive your check It from your financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment to arty other address or if you use an envelope other than the one provided. Paymerris received in proper form at our processing facility by 5PM local time on any dayy will be credited to your Account as of that day. Payments received at our processing Facility after 5PM local time will be credited to your Account as of the nerd day. If you have misplaced your envelope, send your payment to Discover, PO Box 6103 Carol Steam, IL 60 1 9 7-61 03. Please allow 710 days for delivery. If your payment is returned unpaid, ors reserve the right to resubmit it as an electronic debit. You can pay your scheduled monthly payment or a greater amount that does not exceed your remaining current account balance over the telephone or you can setup automatic payments through a customer service representative by calling 1-800.347-2683. Automatic payments wi8 be deducted on the payment due date unless you request a pa ert dab that occurs before your payment due date. If your scheduled payment date fa113 on a weekend or book holi=yyour payment will be processod the business day prior to the weekend or bank holiday. In order to schedule mordhly payments by telephone you will reed this statement and your bank account information. You will be asked to provide the last four (4) di?its of the social security number of the primary borrower- By providing those numbers as your electronic signature, you wi be agreeing to this authorization to allow us and your bank to deduct each payment you authorize in the amount selected by you, from your bank account. You also authorize us to initiate debit or credit entries to your bank account as a icabb, to correct an error in the processing of such payment. You can cancel a scheduled payment by phone at 1$00.347.2683 or n correspondence address listed above; however we must receive notice at least three business days in advance payment. If your payments may vary in amount, we will tell you on each monthly statement when your payment will made and haw much it will be. You must ensure that sufficient Funds are avo.1 We in your bank account, and all transactions must comply with U.S. law. If your scheduled payment is not enough to cover the Totaf Amount Due as listed on your monthly billing statement, you will be responsible for paying the difference. Your automatic payment amount may be less than the amount indicated on the periodic statement based on credits or payments after the closing date. If you enroll by phone in our automatic payment service, please fill-in the fallowing blanks below and retain the authorization for your records. Amount: ? Full Pay ? Min Pay ? Min Pay + S Bank Routing #: Bank Account #: Frequency: NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION IM CI• VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn 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. a (Signature) WWR# 9133311 Elizabeth M. Beatty 6011003618775819 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank vs. Elizabeth M. Beatty 14 AM 1r: , C{ t ?;,, Case Number 2011-4671 SHERIFF'S RETURN OF SERVICE 06/02/2011 08:01 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2, 2011 at 2001 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Elizabeth M. Beatty, by making known unto Patti Gilbert, Mother of Defendant at 13 Patricia 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. RONALD HOOVER, DEPUTY SHERIFF COST: $43.00 June 03, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY i, t4'?tY11s? 6t t'.(UN(/?r,? C _.c kjrF SO ANSWERS, RON R ANDERSON, SHERIFF un`y qtr ? ,•?"( [c .c ;;int. lf!C 'FFiCE "'HE FROTHONOTAR'f .2011 AUG -3 AM 10: 42 CUMBERLAND COUNTY' WELTMAN,;WEINBERG & REIS CO., L.P.A. I ENNSYLVANIA BY: Sarah E. Ehasz - Attorney for Plaintiff(s) I.D. No. 86469 l 436 Seventh Avenge 1400 Koppers Building Pittsburgh, PA, 15219 Phone: (412)'434-`x955 Fax: (412) 338-?1 t•0 File # 9133311 DISCOVER BANK VS. ELIZABETH M BEATTY Cumberland County Court of Common Pleas No.: 4671-11 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindle dismiss the above matter without prejudice . WELTMAN, WEINBERG & By J Sarah E. Ehas , squi Attorney for Plaintiff CO., L.P.A.