The URL can be used to link to this page

Home My WebLink About11-6778?NONO TA,., ",I 11 P ' TG 29 All 11: 3 1 `' , HLAND COUNTY 'ct1NSY! V,ANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. SANDRA L AMOROSO Defendant No: 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 09286792 C A Pit SJS Pd /! -? 9? • o0 ??a63 j/7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No SANDRA L AMOROSO 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: SANDRA L AMOROSO 11 REGENCY WOODS N CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8185 . 4. Defendant made use of said credit card and has a current balance due of $4430.90 , 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 21.990% per annum on the unpaid balance from May 31, 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. 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 , SANDRA L AMOROSO INDIVIDUALLY , in the amount of $4430.90 with interest at the rate of 21.990% per annum from May 31, 2011 plus attorneys' fees of $125.00 , and costs. %if James C Wa ro t,42524 WELT , WEINBERG & REIS CO., L.P.A. 436 Se e th Avenue, Suite 1400 Pitts ur h, PA 15219 (412) 4 4-7955 FAX: 41 -338-7130 092 67 C A Pit SJS This law firm is a debt collector atte ng to collect this debt for our client and any information obtaine ill be used for that purpose. DISCO-NER S4New Baance ,4 01" 22 SDSN6A01 0003736 SANDRA AMOROSO 11 REGENCY WOODS N CARLISLE PA 17015-9061 Minimum Payment Due i Account Number ending in 8185 $4,430.90 , Enter Amount Enclosed Below Payment Due Date July 17, 2011 Please make check payable to Discover Card. Minimum payment due includes a post due amount of 5723.00. Phone and intemst payments must be made by 5:OOpm ET for some day sti f?i'red %f buying stamps? Go mobile! Make payments from your phone with the Discover app. Irs fast and irs free. Download today at http://vvww.discover.corntapps PO BOX 6103 Ills 911111111 111111 1 11111181 STREAM IL 60197-6103 Address, e-mail or telephone change? CAROL Go to www.Disc*vor.com or print change in space above. i 000001986454221115335044309000000000443090 Opening Date: June 1, 2011 - Closing Date: June 22, 2011 Discover More Card Account Summary Account number ending in 8185 Previous Balance $4,430.90 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 4,430.96 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $6,800.00 Credit Line Available $0.00 Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 Cashback Bonus' Anniversary Month June Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus balance $ 0.00 To learn more, log in d www.Dismver.com 3 Easy Ways to Contact Us 1 Access your account securely at www.Disc~.com 2. Call 1-800-DISCOVER (1-800.347.2683) Please have your DiscoveI card available 3. Write to us at Discover, PO Box 30943, Sale Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, CaroLStream, IL 60197-6103 For TDD (Telecommunications Device for the Deal) assistance, please call 1-800-347-7449- page 1 of 2 Payment Information New Balance $4,430.90 Minimum Payment Due' $4,430.90 Payment Due Date July 17 2011 `Includes past due amount of $723.00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a We fee of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 26.99% variable. Minimum Payment Warning. If you make only the minimum payment each period, you will pay more in interest and it will take you larger to pay o$ your balance. For example: If you would like information about credit counseling services, call 1-800-347 1121 TyA„ you. rto' . You mN poyvBJhe 1''hd ydutrlkend `. Tonal Chq ?r?3 balance shovXh on 1?! }'iCfyttg an firs cfudd and itg this statement in estimated total of _ __ mordh yoapay about, Only the minimum 1 1 years $4,431 payment Manage Your Account Online at www.Discover.com • Access Free online tools like Paydown Planner to create a pion to down your balance, securely access statements, pay bills online and easily track all transactions • Make your money worth morel-find easy ways to earn and redeem cosh rewards NEW l-Access your account securely through your mobile phone Transactions 9286792 Trans' Post Deft Fees TOTAL FEES FOR THIS PERIOD $ 0,00 Interest (barged TOTAL INTEREST FOR THIS PERIOD $ 0,00 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 TOTAL INTEREST CHARGED IN 2011 $ 175.00 306.23 NOTICE SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISCOVER upar,to SANDRAAMOROSO DISCOVEa Account number ending in 8185 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 22 days TYPE OF BALANCE AANN'A?PERCENTAGE IBALAL RNA SUBJECT TO INTEREST CHARGE RATE Purchases 10/15/2010 and after 21.99% V $0 $0 10/ 14/2010 and prior 16.99% V $0 $0 Cash Advances 23.99% $0 $0 V = Variable Rate Additional Important Information See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account lost or stolen cards. Report immediatelyl Call 1-800-347-2883. What To Do If You Think You Find A Mistake CM Your Statement If you think there is an error on your statement, write to us at: Discover. PO Box 30421 Soft Lake City, UT 84 1 30-042 1 In your letter give us the following information: Account information: Your name and account number - • -Dollar amount: The doHair amount ofthe-suspeded-error- - - - - - De r' lion 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 mists ce. 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 tolled the amount in question, or report you as delinquent on that amount. The charge in question ma 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 Dissatisfied With 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 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 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, Sah Lake City, UT 8.4130-09A5 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 th you is statement in the envelope provided. Do not send cash- By sending your check as described above, authorize us to use information on your check to make an elecronic fund transfer from your account at the financial institution indicated on your check or to process the payment os a check transaction. I F payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund fransfer funds maybe 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 paymeM to any other address or by if you use an envelope other than the aria provided. Payments received m proper form of our processing facility 5PM local time on any dayy will be credited to your Account as of that doy_ Payments received at our processing facJity oker 5PM local time will be credited to r Account as of the next day. if you have misplaced your envelope, send your payment to Discover PO Box 6103 Card Sfream IL 60197.6103. FMease allow 710 days for delivery. If your payment is returned unpaid, we reserve the rig?it fo rewbmit it as on 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 Ube 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 will need this statement and your bank account information. You will be asked to provide the lost four (4) digits 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 applicable, to correct an error in the processing of such payment. You can cancel a scheduled payment by Cone at 1-800-347-2683 or mail at the correspondence address listed above; however we must receive notice at least t Cone business days in advance Mhe scheduled payment. If your payments may vary in amount, we will tell you on each monthly statement when your Fw, ? , made and how much it will be. You must ensure that sufficient funds are available in your bank account, and ttttt6STTrsrs must comply with U.S. law. If your scheduled payment is not enough to cover the Total 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 Win the following blanks below and retain the authorization for your records. Amount ? Full Pay ? Min Pay ? Min Pay + $ Bank Routing #: Bank Account #: Frequency: NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISC*VER Credo Repo?ng We may report information about your Account to credit bureaus. Late payments, missed paymentsl or other defaults on your Account may 6e reflected in your credit report. We normally report the slalus and payrnenf history of your Accaml fo crodtt reporting agencies each month. If you believe that our report is inaccurate or incompbts, please write us at the following address: Discover PO Box 15316, Wilmington, DE 19850 5316. Please indicate your name, aofldress, home telephone number and Account number Tactithe dthe til paYong cant avTrces. How to Avoid P in Interest on Purchases ("Grace Period" If u aid the Now Balance on your previous being statement by the Payment Due Date shown on that billing statement, we will napt impose interest charges on new Purchases, or any portion of a new Purchase, paid by the Purchase Due Date on your current billing statement. new Purchases are Purchases that first appear on the current billing statement. How We Apply Payments Ma Im ct Your Grace Period fFy?o not pay your ew nce in Full eacN T, more -ilien, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. How We Cokulate Wwast Charges Daly Balance Method Including current transactions): We calculate interest charges each billing period by first figuring the "dotty balance" for each Transaction Category. Transoction Categories include standard Purchases, standard Cash Advances and different promotional balances, such as Bolonce Transfers. How We FVura the Daily Baknsoe for Each Transaction Category We start with the beginning balance for each day. The beginning balance for the first- day of the billing period is your balance on the lost day of your previous billing period We add any interest charges accrued on the previous day's daily balance and any new transactions and fees. We add an now transactions or Foes as of the bier of the Transaction Date or the first day of" billing period in which the transaction or fee posted to your Account. • We subtract any new credits and payments. We make other adjustments (including those adjustments required in the "Paying Interest" section). How We Figure Your Total labrest Charges • We multiply the daily balance for each Transaction Category by its daily periodic rate. We do this for each day in the 611' period. This gives us the interest charges For each Transaction Category. To get a daily periodic rate, we divide the APR that applies to the Transaction Category by 365. We add up all the daily interest charges. The sum is the total interest charge for the billing period. How We Include Fees We odd Balance Transfer Fees to the applicable Balance Transfer Transaction Category. We add Cash Advance Fees to the applicable Cash Advance Transaction Category. We add all other fees to the standard Purchase Transaction Category- Balance Subject to Interest Rate. Your statement shows a Balance Subject to Interest Rate. It shows this for each transaction category. The Balance Subject to Interest Rote is the average of the daily balances during the billing period. For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. Discover may monitor and/or record telephone calls between you and Discover representatives For quality assurance purposes. The Discover 0 card is issued by Discover Bank, Member FDIC UNFE001 9286792 Questions? visit www.D-acover.com or r DISC?1/ER call 1-800-DISCOVER 1.800-347-2683 . Paperless statements mean less clutter, more convenience Easily access up to 24 months of down?oodable, 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 Discovercom/paperless 02010 Di- Bank, Member FDIC PAPER.0310 0) v M Z D o_ 0 0 0 v N v 9286792 Questions? Visit www.Discover.com or ca!! 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 DES 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# 9286792 Sandra L. Amoroso 6011008917178185 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ti" ILc0-0F s? 2011 SEP 12 PH 2: 0 3 1?a"UMBERLM@ 000-1-%t,. °ENNSYLVAHIA Discover Bank vs. Sandra L. Amoroso Case Number 2011-6778 SHERIFF'S RETURN OF SERVICE 09/01/2011 05:50 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on September 1, 2011 at 1750 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sandra L. Amorose, by making known unto herself personally, at 11 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. A;L-1 - Z??2 STEPHEN' BENDER, DEPUTY SHERIFF COST: $34.00 September 06, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF