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HomeMy WebLinkAbout11-7015f= ILED-OFFNCE U T1.E PR0TH0N10TA`?' 1011 SEP -9 PM 12: 37 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JEFFREY L QUALLS Defendant No : //, -701,5- eliv, L 7t-?f 4-7 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 09281184 C A Pit SJS 05 C # /oloss76 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No JEFFREY L QUALLS 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: JEFFREY L QUALLS 110 VALLEY VIEW DR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8430 . 4. Defendant made use of said credit card and has a current balance due of $13640.86 , 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 25.240% 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 , JEFFREY L QUALLS INDIVIDUALLY , in the amount of $13640.86 with interest at the rate of 25.240% per annum from May 31, 2011 plus attorneys' fees of $125.00 , and costs. Wa r t,42524 WEINBERG & REIS CO., L.P.A. nth Avenue, Suite 1400 gh, PA 15219 -7955 h:22-338-7130 C A Pit SJS This law firm is a debt collector ae ting to collect this debt for our client and any information obtan will be used for that purpose. DISCOVER, $Now Bal 1364086e 08 SDSN6A010003959 JEFFREY QUALLS 110 VALLEY VIEW DR MECHANICSBURG PA 17050-1538 !011 PO BOX 6103 Illntllutllnriuluslsll Address, o-mailortslsphonechangsP CAROL Itllttli11111111111111111111111 STREAM IL 11111111111111111 1111111 Go to www.Discover.com or print change in space above. 1f" II"1111) E n l1 0000019864582948901?9136408600000001364086 1 ipening Date: June 1, 2011 - Closing Date: June 8, Discover More Card Account Summary Account number ending in 8430 Previous Balance $13,640.86 Payments And Credits 000 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0 00 New alance . 13,64086 See Interest Charge Calculation section Follow in transactions for detailed APR information g Credit Line $12,100.00 Credif Line Available $0.00 Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0,00 -- --'"'" Anniversary Month October Opening Cashback Bonus Balance $ 000 New Cashback Bonus This Period + 0.00 Cashback 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.com 2. Call 1.800-DISCOVER (1.800.347.2683) Please have your Discover® card ovailabfe. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 (Not a payment address) For Discover PO Box 6103, Carol Strream, 1160197.6103 For TDD (Telecommunications Device for the Deal) assistance, please call 1.800.347.7449 Transactions Tired of buying stamps? Go mobileI Make payments from your phone with the Discover app. It's fast and it's free. Download today at htt p://www, discove r, com/apps Dane 1 of 2 Payment Information New Balance $13,640.86 Minimum Payment Due* $13,640.86 Payment Due Date DUE IMMEDIATELY *Includes post due amount of $2,335.00 Lab 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. 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; If you make no You will payoff fh. AA4 yGV will end dalltioai tha*os' balance shown on up Prying on using this card and this statement in', estimated total of each month you pay #0l. Only the minimum 1 1 years $13,641 payment If you would like information about credit counseling services, call 1-800-3A7.1121 Manage Your Account Online at www.Discover.com • Access free online tools like Paydown Planner to create a plan to Pay down your balance, securely aceess statements, pay biI Is online and easily track all transactions Make your money worth morel-find easy ways to earn and redeem cash rewards NEWI Access your account securely through your mobile phone Trans. Post 92811 Rd Dab Dab Fees TOTAL FEES FOR THIS PERIOD Inbrest Cha $ 0.00 rged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 TOTAL INTEREST CHARGED IN 20) 1 $ 175.00 987.09 Minimum Payment Due Account Number ending in 8430 $13,640.86 Enter Amount Enclosed Below Payment D. Date $ f- DUE IMMEDIATELY L ?•?rr?c: ?CC Rcvl:tfal: SIIJE FOR IMPORTANT INFORMATION It P°ts 1O DISCOVER JEFFREY QUAILS DISCV ER Account number endi ng in 8430 Interest Charge Calculation page 2 of 2 Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 8 days TYPE Of BALANCE ANNUAL PERCENTAGE RATE (APR) BALANCE SUBJECT TO INTEREST CHARGE Purchases INTEREST RATE 11 /30/2010 and after 25.24% V $0 $0 08/30/2010 to 11/29/2010 20.24% V $0 $0 08/29/2010 and prior 18.24% V Cash Advances $0 $0 23.99% V $0 $0 V = Variable Rate Additional Important Information See your Cardmember Agreement. Your Cardmember Agreement contains all the forms of our Accou t Last or stolen cards. Report immediatelyl Call 1.800.347.2683. y . n What Ta Do Of You Think You Find A Mistake an Your statement If you think there is an error on your statement, write to us at: Discover PO Box 30421 Salt Lake City, UT 84130.0421 In your letter, give us the following information: Account information: Your name and account number Doffar amount. The dollar amount of the suspected error Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe if 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 writin . You may call us, but if you do we are not required to investigate any potential errors and you may have to pay fhe amount in question. While we investigate whether or not there has been an error the following are true: We cannot by 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. Y_ Or RiahPs if You An 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 hove 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 he 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 on 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, Soft 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 not pay we may report you as delinquent. Payments. Send only your payment and the top portion of this statement in he envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the payment as a chec transaction. IF payment is processed as on electronic fund transfer, the transfer willbe for the amount of he check. When we use information from your check to make on electronic fund transfer funds may be withdrawn from your account as soon as the some day we receive your payment, and you will not receive your check back from your financial institution. processing of your payment may be delayed if you send cash, correspondence or other items with y The our payment, if you send the payment to any other address or if you use an envelope other than the one provided. Payments received in proper form of our processing facility by 5PM local time on any dayy will be credited to your Account as of that day. Payments received of 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 60 1 97-6 1 03. 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 can setup automatic payments through a customer service representative by calling 1-800-347.2683. Automatic payments Ube deducted on the payment pa occurs before your payment due date. If your scheduled payment datlls o naa weekendyor bank holido our date hat be processed the business day prior to the weekend or bank holiday. In order to schedule monthly paymenf by telephone will you will need this statement and your bank account information. You will be asked to provide the last four (4) digits of the social security number of the primary borrower By providing those numbers as your electronic signature, you will 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 tarred an error in the processing of such Far, menf. You can cancel a scheduled payment by phone at 1.800-34Acabl or b mail at fhe correspondence address lisdbove; however we must receive notice at least three business days in advance o?pyr?D?ylpd payment. If your payments may vary in amount, we will tell you on each monthly statement when your p 4mMe made and how much it will be. You must ensure that sufficient funds are available in your bank account, and all transactions 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 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: NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. We normally report the status and payment history of your Account to credit reporting agencies each month. If ou believe that our report is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, W lmington, DE 19850.5316. Please indicate your name, address, home telephone number and Account number Paying Interest We begin to impose interest charges on a transaction, fee or interest charge from the day we add it to the daily balance. We continue to impose interest charges until you pay the total amount you owe us. You can avoid paying interest on Purchases as described below. However you cannot avoid paying interest on Balance Transfers or Cash Advances. How to Avoid Pa in Interest on Purchases "Grace Period'") you paid the ew a once on your previous i ing statement by the Payment Due Date shown on that billing statement, we will not 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 A Pa menu Ma Im cf Your Grace Period you o not pay your ew a once to eac moot ,ten, depending on the balance to which we apply your payment, you may not gat a grace period on new Purchases. How We Calculate Interest Charges Daily Balance Method (including current transactions): We calculate interest charges each billing period by first figuring the "daily balance" for each Transaction Category. Transaction Categories include standard Purchases, standard Cash Advances and different promotional balances, such as Balance Transfers. How We Figure the Daily Balance for Each Transaction Category We start with the beginning balance for each day. The be inning balance for the first day of the billing period is your balance on the ?last 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 any new transactions or Fees as of the later of the Transaction Date or the first day of the 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 Interest Charges We multiply the daily balance for each Transaction Category by its daily periodic rate. We do this for each day in the billin 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 add 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 Rate is the average of the daily balances during the billing period. For TDD (Telecommunications Devke 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"' card is issued by Discover Bank, Member FDIC RZNFE001 9281184 Questions? visit www.Discover.com or call 1.800-DISCOVER (1-800-347.2683). DISC40VEIZ 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 Manaeer (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# 9281184 Jeffrey L. Qualls 6011002151188430 s UC'61i. Esquire Tracy L. Updike , PA Supreme Court ID # 88680 C(N 26 CUNNINGHAM & CHERNICOFF, P.C. d S ' "F? COU1 ' treet 2320 North Secon - ?{) ?`yi'1SY??/ P.O. Box 60457 t Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, Plaintiff, vs. JEFFREY L. QUALLS, Defendant CIVIL ACTION - LAW No. 11-7015 NOTICE OF STAY NOTICE IS HEREBY GIVEN that Jeffrey L. Qualls, above-named Defendant, has filed a Petition under Chapter 13 of the United States Bankruptcy Code to Case No. 1-11-07208 and as a result thereof, the above-captioned action is stayed until further Order of the United States Bankruptcy Court. The undersigned executes this Notice for purposes of giving notice only; and the providing of this Notice is not intended to enter an appearance in the within case. Respectfully submitted, Date: October 24, 2011 C INGHAM & CHERNICOFF, P.C. B3cy L. pdike, squire I.D. #88680 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 Tracy L. Updike, Esquire PA Supreme Court ID # 88680 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, CIVIL ACTION - LAW Plaintiff, No. 11-7015 vs. JEFFREY L. QUALLS, Defendant CERTIFICATE OF SERVICE I, Lisa Fuge, do hereby certify that a true and correct copy of the NOTICE OF STAY was sent by first class mail, postage prepaid on this day to the following: James C. Warmbrodt, Esquire 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Respectfully submitted, Date: October 25, 2011 F:U lome\LFUGE\QUALLS-JEFFREY\NOTICEBK-Discover.wpd CUNNINGHAM & CHERNICOFF, P.C. By: Lisa Fuge, Paralega 2