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Home My WebLink About11-6054 TILED-OFFICE is ?;OTHONOTAR`?` °i'ORLAND COUNT '4 pcSN5YLVANtA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BOISE P SHANABROUGH Defendant No: civi 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 1_400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 09240005 C A Pit SJS l.% Dom" *v P C? 166 'qw sn? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No BOISE P SHANABROUGH 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: BOISE P SHANABROUGH 717 HARDING ST NEW CUMBERLND, PA 17070 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3823 . 4. Defendant made use of said credit card and has a current balance due of $8364.06 , as of May 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 29.990% per annum on the unpaid balance from May 31, 2011 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit I'll" 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 , BOISE P SHANABROUGH INDIVIDUALLY , in the amount of $8364.06 with interest at the rate of 29.9900 per annum from May 31, 2011 plus attorneys' fees of $125.00 , and costs. James Warm ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 e enth Avenue, Suite 1400 Pit sb rgh, PA 15219 (41 ) 434-7955 F 12-338-7130 09 005 C A Pit SJS 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. DISCOVER $$0 00 °'°"Ce 31 SDSNSA01 D002816 BOISE SHANABROUGH 717 HARDING ST NEW CUMBERLND PA 17070-1437 Go paperiess and make your account information more secure with password- protected statements only you can access. learn more at discover corNpapertess. PO BOX 6103 lllurllssullrrnll.llhrl CAROL STREAM IL 60197-6103 EX IBIT Address, small or telephone change? ) Iln?lnnull?h)nluh?hl)nni?llluuil)hllnnh(Inlull Go to www.Discovw.corn or print change in space above. ? 000001986458155849439000000??00?0000208500 Opening Dais: May 7, 2011 dosing Dab: May 31, 2011 Discover More Card Account Summary Account number ending in 3823 Previous Balance $8,364.06 Payments And Credits 8,364.06 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 New Bolance -- - - _ $Obo See Interest Charge Calculation section following transactions for detailed APR information Credit Line $16,100.00 Credit Line Available $0.00 Cash Advance Credit Line $8,300.00 Cash Advance Credit Line Available $0.00 "" """`•• """°' Anniversary Month February Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cadimclk Brows Balance - - -$ 0.00 To team more, log in al www.Dimovor.com page 1 of 2 Payment Information New Balance $0.00 Minimum Payment Due $2,085.00 Payment Due Date June 26, 2011 Lob 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 29.99% 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 mores-find easy ways to earn 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 vwvw.Discover.cem 2. Call 1-800-DISCOVER (1-800-347-2683) Please have your Discovers card available. 3. Write to us at Discover, PO Box 30943, Sob Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Carol Stream, IL 601 97-61 03 For TDD (Telecommunications Device for the Deal) assistance, please call 1-800-347-7449. Transactions Trans. Post Dole Date Payments and Credits May 31 May 31 INTERNAL CHARGE-OFF $ -8,364.06 Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest Charged TOTAL NTEREST FOR THIS PERIOD $ 0,00 2011 Totals Year-to-Date 9240005 TOTAL FEES CHARGED IN 2011 TOTAL INTEREST CHARGED IN 2011 Minimum Payment Due 5.00 Account Number ending in 3823 Enter Amount Enclosed Below Payment Due Date ?j $ ? June 26, 2011 I $ 175.00 963.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION D1KO/ER, DISCOVER u pays to BOISE SHANABROUGH L__I?> ,mait J Account number ending in 3823 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Currw* 1116isg Period: 25 days TYPE OF BALANCE Purchases Past Purchases Cash Advances V = Variable Rate Ac1clAonol Important Information See your Cardmember Agreement . ANNUAL PERCENTAGE RATE(APR) 29.99% V 29.99% V 29.99% V BALANCE SUBJECT TO INTEREST RATE $0 $0 $0 INTEREST CHARGE $0 $0 $0 Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediately! Call T-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 Salt Lake City, UT 84130.OA21 In your letter. give us the following information: Account information: Your name and account number- DoUar amount The dollar amount of the suspected error. Descrip?ion of Problem: IF you think there is an error on your bill, describe what you believe is wrong and why you believe tf is a mists-ke. - 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: We cannot try to called 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 RiaMs N You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or serv ices that you have purchased with your credit card, and you have hied in good faith to correct the problem with the merchant, you may have the right riot 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 an advertisement we mailed to you or if we own the company that sold you the goods Of 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 accent 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, Sall Lake City, UT 84130-0945 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 top portion of this statement in the envelope provided. Do not send cash. By serrding your check as described above, you authorize us fo use information on your check to make an electronic fund transfer ham your account at the financial institution indicated on your check or to process the payment as a check transaction. IF payment is processed as an ebchoxric Fund transfer the transfer will be for the amount of the check. When we use infwmafion 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 riot receive your check back from your financial institution. The pracessirg of your payment may be delayed iF you send cash, correspondence or other items with your payment, if you send the payment to anyy other address or if you use an envelope other than the one provided. Payments received in proper farm of our processing locilify by SPM local time on arty 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 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 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 con setup automatic payments through a customer service representative by calling 1-8003A7--2683. Automatic payments wi4 be deducted on the payment due date unless you request a payment date that occurs before your payment due date. If your scheduled payment date falls on a weekend or bank holiday, your payment will be processed the business day prior to the weekend or bank holiday. In order to schedule monthly payments by telephone, you wig need this statement and your bank account information. You will be asked to provide the last four (4j digits of the social security number of the primacy-borrower By providing those numbers as-your electronic signature,-you wall 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 inifiate debit or credit entries to your bank account, as applicable, to correct an error in the processing of such payment. You can cancel a scheduled payment by phone at 1-800347-2683 or by mail at the correspondence address listed above; however we must receive notice at least three business days in advance of the scheduled payment. If your payments may vary in amount, we will tell you on each monthly statement when your pa- will be will ' inusi comply with U.S. law. If your scheduled payment is not enough to cover the Total Amount Due as listed ?Bl'fKb 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 following blanks below and retain the authorization for your records. Amount: ? Full Pay ? Min Pay ? Min Pay + $ Bank Routing Bank Account #: Frequency: Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other de on your Account may be reflected in your credit report. We normally report the status and payment history of yourAccount to credit reporting agencies each month. IF you believe that our report is inaccurate or incomplete, please write us at the following address: Discover PO Box 15316, Wilmington, DE 1 98505 3 1 6. Please indicate your name, address, home telephone number and Account, number NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paperless statements mean less clutter, more convenience I Easily access up to 24 months of downloodoble, password protected statements. • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. I • 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 Discovercom/poperless ' C2010 M- Bonk, Mem6a FDIC P4PER.0310 W 0 rn z m D _o a 0 0 N m N O cn 9240005 Questions? visit www.D-wcover.com or call 1.800-DISCOVER (1-800-347-2683). DISCOVER VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn 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. n' C (Signature) WWR# 9240005 Boise P. Shanabrough 6011002010313823 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OF,1 iu1 Sheriff CF THE PPOTHO'N10 AR. Jody S Smith ?? AUG 24 PM 3: 53 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor OFF F ? PENNSYLVANIA Discover Bank vs. Case Number Boise P. Shanabrough 2011-6054 SHERIFF'S RETURN OF SERVICE 08/18/2011 05:45 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on August 18, 2011 at 1745 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Boise P. Shanabrough, by making known unto himself personally, at 717 Harding Street New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. ROB BITNER, PUTY SHERIFF COST: $45.00 August 19, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF