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Home My WebLink About11-467511 FILE -CFF't,E f? 1 v ? , 2911 y ? 1-M, 12: 7 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KELLEY M BOWERSOX Defendant No : I I - q07,5- P/ V"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 09139440 C A Pit CXC O? ?'???d any ?,/? So?GGV3/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No KELLEY M 30WERSOX 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: KELLEY M BOWERSOX 64 SUNSET DR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2423 . 4. Defendant made use of said credit card and has a current balance due of $2826.14 , as of February 28, 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 23.240. per annum on the unpaid balance from February 28, 2011 . 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. Alt-hough repeatedly requested tc 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 , KELLEY M BOWERSOX individually , in the amount of $2826.14 with interest at the rate of 23.240% per annum from February 28, 2011 plus attorneys' fees of $125.00 , and costs. James Wa, ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Se th Avenue, Suite 1400 Pitts u h, PA 15219 (412) 43 -7955 FAX: 41 -338-7130 091 944 C A Pit CXC This law firm is a debt collector atte t' g to collect this debt for our client and any information obtaine/i ll be used for that purpose. DISCOVER $$2 $2 ?4 08 SDSN6A01 0009651 KELLEY BOWERSOX 64 SUNSET DR MECHANICSBURG PA 17050-1624 Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover corNpaperless. PO BOX 6103 111 1111111411111111111111 oil CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? So to www.Discoveacom or print change in space above. EXHIBIT 000001986458427484502028261400000000282614 Opening Date: March 1, 2011 - Dosing Date: March 8, 2011 Discover More Card Account Summary Account number ending in 2423 Previous Balance $2,826.14 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 New Balance-- -- 2,826.14 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $3,500.00 Credit Line Available $0.00 Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 wJ`119wuft wrrva Anniversary Month November Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashlack Bonus Balance - - - $ 0.00 To learn more, log in at www.Discover.com 3 Easy Ways to Contact Us 1 Access your account securely at www.Discover corn 2. Call 1-800-DISCOVER (1-800-347-2683) Please have your Discoverecord available. 3. Write to us at Discover, PO Box 30943, Sak Lake City, LIT 84130 (Not a payment address) For payments, please send to address on remittance or Discover PO Box 6103, Carol Stream, it. 601 97-6 1 03 For TDD (Telecommunications Device for the Deaf) assistance, please coil 1-800-347-7449 page 1 of 2 Payment Information New Balance $2,826.14 Minimum Payment Due' $2,826.14 Payment Due Date DUE IMMEDIATELY "Includes past due amount of $515.00 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. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: f you make no you will pay off'N1e And yoo will end tit onol charges balance shown.4M ? * paying an mg this cord and t6s statement in estimated total of h month you'pay, - about. Only the minimum 1 I years $2,826 payment If you would like information about credit counseling services, call 1-800-3A7.1121 Manage Your Account Online at www.Discovor.com • Access free online tools like Paydown Planner to create a plan to pay down your balance, securely OCCess statements, pay bills online and easily track all transactions • Make your money worth moresm-find easy ways to earn and redeem cash rewards • NEWT Access your account securely through your mobile phone Transadions 9139440 o tsue PDT. Fees TOTAL FEES FOR THIS PERIOD S 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD S 0.00 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 TOTAL INTEREST CHARGED IN 2011 r- - Minimum Payment Due I Account Number ending in 2423 $2,826.14 _ J Enter Amount Enclosed Below Payment Due Date DUE VAMEDIATELY 70.00 107.33 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISCOVER It Polls to KELLEY BOWERSOX D??VE? J Account number ending in 2423 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Ming Period: 8 days TYPE OF BALANCE Purchases Cash Advances V = Variable Rate Additional Important Information See your Cordmember Agreement. ANNUAL PERCENTAGE FL LANCE SULIECT TO INTEREST CHARGE RATE (M) INTEREST RATE 23.24% V $0 $0 23.24% V $0 s0 Your Cordmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediately! Call 1-800-347-2683. What To Do if 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 8 4 1 30-042 1 In your letter, give us the following information: Account information: Your name and account number Dollar amount. The dollar amount of the suspected error Description o_f 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 after the error appeared on your statement. You must notify us of any potential errors in writing. 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: Wecannot 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 hove 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 ff You Are Dissatisfied With Yaw 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 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 these are necessary if your purchase was based on on 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 cord 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, Sob Lake Ci yt , UT 8 4 1 30-094 5 While we investigate, the some 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 not pay we may report you as delinquent. Payments. Send only your payment and the fop porf?on of this statement in the envelope provided. Do not send cash. By sending your check os described above, you authorize us to use information on check to make an electronic fund your transfer from Your account al the 6noncial institution indicated on your check or fo process the payment as a check transaction. ff payment is processed as an electronic fund transfer, the transfer willbe for the amount of the check. When we use information from your check to make on electronic fund rnansfer, funds may be withdrawn From your account as soon as the same 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 iF you send cash, correspondence or other items with your payment, if you send the payment to an otFror address or iF you use an envelope other than the one provided. Payments 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 I«al time will be credited to your Account as of the next day. If you have misplaced your envelope, send your payment to Discover, PO Box 6103 Carol Stream, IL 60197.6103. Please allow 7 10 days for delivery. If your payment is returned unpaid, we reserve the riq?t to resubmit B as an electronic debit. You can pay your minimum payment or a greater amount over the telephone, and you con 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. You will be asked to provide the first 5 digits of your account statement ZIP code. B entering those numbers as your electronic signature, you will be agreeing to this authorization to vibes us and your bank to deduct each payment you authorize from your bank account, and to initiate debit or credit entries to your bank account, as applicable, to correct an error in the processing of such payment. You must tell us the amount of each payment or you con select an amount such as the Minimum Payment Due or the New Balance on each-statement. You con concel a payment, however we must receive notice at least three business days in advance of the scheduled payment. You may Hall yF us by phone at 1-804347-2683 or by mail at the address listed in the previous =r ngroph. IF your poymenu vary in amount, we will tell you on each monlfJy statement when your pcrymonl will be made how much t will be. Your automatic payment amount may be less than indicated on the month statement based on 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 defaubs on your Account may be reflected in your credit report. We normally report the status and payment history of YM credit reporting agencies each month. If you believe that our report is maccurafe or incomplete, please write us at I owing address: Discover PO Box 15316, Wilmington, DE 198545316. Please indicate your name, address, home telephone number and Account number Paying Interest. Except as provided below, we will impose Interest Charges on purchases, cash advances and balance transfers beginning with the dote the transaction occurs until the date of repayment and on Old Balances, urdil the dote of repayment Old Balances are comprised of either purchases and cash advances made on or prior to the last day of your billing period ending during February 1993 or Reserve Line balances. You can avoid payment of Interest Charges on new purchases iF you pay the New Balance shown on the billing statement on which the purchase first appears by the Payment Due Date, and the Payments and Credits on that statement equal or exceed your Previous Balance. We call this the "grace period" You do not have a grace period on balance transfers or cash advances. Interest Charges are imposed on new balance transfers and cash advances beginning with the date the transaction occurs. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER 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 Cor2oration 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. (Signature) (J UJ WWR# 9139440 Kelley M. Bowersox 6011002300362423 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?_. iy?: I? .;11;,,, ai L ztrrrG?.t f = .. ^ (? { & :th ?1 . , ?, i+ Jody S Smith q iFi` Chief Deputy a i I J 114 AM 110-1: Richard W Stewart Solicitor =iUMBEP?LA ;D LUvN PENNSYLVANIA Discover Bank vs. Case Number Kelley M. Bowersox 2011-4675 SHERIFF'S RETURN OF SERVICE 06/02/2011 05:38 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2, 2011 at 1738 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kelley M. Bowersox, by making known unto John Bowersox, Husband of Defendant at 64 Sunset Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY SHERIFF COST: $38.00 June 03, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ?i ? n i ?BiiiL Exit '(? ,'t. Ir;C e i.. m? cJi ? jvL WTHONOTAR WELTMAN, WEINRER.C & REIS CO., L.P.A. BY: Sarah E. Ehasz, Esgt ke I.D. No. 86469 436 Seventh Avenue 1.100 ,•"oppers Building Pittsburgh, PA 1521 Phone: (412) 434-795 Fax: (412) 338-7130 File # 9139440 SEE/SJS DISCOVER BANK vs. KELLEY M BOWERSOX Attorney for PlafiW 10 AN 10' 41 k-',UMBERLAND COUNTY PENNSMANIA CUMBERLAND County Court of Common Pleas No.: 4675-11 PRAECIPE TO DISMISS WITH PREJUDICE TO THE PROTHONGTA ..Y: Kindly dismiss the above matter with prejudice. WELTMAN, WEINBERG & REIS CO., L.P By_k(.,--' . Sarah E. Ehasz, Esquire Attorney for Plaintiff 1111111111111111111111111111111111111111111 IIU0111111111 Fill 111111111111111