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HomeMy WebLinkAbout11-7028- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JACQUELINE STIRLING Defendant No : I I - -)tJa O cm, 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 09240126 C A Pit SJS arvt4 ?9 a•oa I'd a? N' &1010q-10q Q (O4 513 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No JACQUELINE STIRLING 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: JACQUELINE STIRLING 1606 LUISA LN. MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9822 . 4. Defendant made use of said credit card and has a current balance due of $3183.69 , 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 '1111 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 , JACQUELINE STIRLING INDIVIDUALLY , in the amount of $3183.69 with interest at the rate of 29.990% per annum from May 31, 2011 plus attorneys' fees of $125.00 , and costs. James WELTM 436 S Pitts (412) FAX : / 09240 This law firm is a debt collector attem our client and any information obtained Warmbrodt,42524 WEINBERG & REIS CO., L.P.A. th Avenue, Suite 1400 h, PA 15219 4-7955 -338-7130 C A Pit SJS ng to collect this debt for 11 be used for that purpose. DISCOVER' New Balance Minimum Payment Due $0.00 S771.00 Payment Due Date June 26, 2011 31 SDSN6A01 0003705 JACQUELINE STIRLING 1123 SANDPIPER CT MECHANICSBURG PA 17050-8334 Account Number ending in 9822 Ender Amount Enclosed Below $r Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover corNpapedess. PO BOX 6103 I11 111 11 11111 11 1191 111111 CAROL STREAM IL 60197-6103 Address; e-mail or telephone change? Ir)Irrllrr,rirl)Irlrr)rrr)rl)rrrrr Go to www.Discover.com or print change in space above. )))Irrrrr llrl)rriri llrrl rfl) EX 18IT 000001986458034186136000000000000000077100 Opening Date: May 7, 2011 dosing Date: May 31, 2011 Discover More Card Account Summary Account number ending in 9822 Previous Balance $3,383.69 Payments And Credits 3,383.69 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + - 0.00 New Balance -- 0.00 See Interest Charge Calculation section followi ng transactions for detailed APR information Credit Line $3,100.00 Credit Line Available $000 Cash Advance Credit Line $756.00 Cash Advance Credit Line Available $0.00 Opening Cashbock Bonus Balance New Cashbock Bonus This Period Cashback Bonus Baloncs - Anniversary Month April $ 0.00 + 0.00 0.00 To learn more, log in of wwwMiscover.com Dane 1 of 2 Payment Information New Balance $0.00 Minimum Payment Due $771.00 Payment Due Date June 26, 2011 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. 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 your mobile phone 3 Easy Ways to Contact Us 1 Access your account securely at www.Discewr.com 2. Call 1-800-DISCOVER (1-800.347-2683) Please have your Discover® card available. 3. Write to us at Discover PO Box 30943, Salt Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover PO Box 6103, Carol Stream, It 60197.6103 For TDD (relecommunications Device for the Deal) assistance, please call 1-800.347-7449. Transactions Trans. Post Dots Date Payrnsms and Credits May 31 May 31 INTERNAL CHARGE-OFF $ -3,383.69 Fees TOTAL FEES FOR THIS PERIOD S 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2011 Totals Year-to-Date 9240126 TOTAL FEES CHARGED IN 2011 TOTAL INTEREST CHARGED IN 2011 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION S 175.00 382.13 DISCOVER ! 0 pays to JACQUELINE STIRLING rflSC4-jVER• Account number ending in 9822 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual intere st rate on your account. Currant Billing Period: 25 days TYPE Of BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE(APR) I Purchases 29.99% NTEREST RATE $0 Past Purchases 29.99% $0 $0 $0 Cash Advances 29.99% $0 $0 V = Variable Rate Additional Important Information See yaw Cardmernber Agreement. Your Cardmember Agreement contains ail the terms of your Account. Lost or stolen cards. Report immediately! Coll 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 Soh 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 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 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: We cannot try to collect the amount in question, or report you as delinquent on that amount. The char in ;V 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 If 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 quaf;fy. 3. You must not yet have fully paid for the purchase. If all of the criteria above ore met and you are still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Sob Lake City, UT 84130-0945 While we investigate, the same rules apply to the disputed amount as discussed above. Aker 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. Payrrrarrts. Send only your payment and the top portion of this statement in the 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 yYour account at the 6nanciol institution indicated on your check or to press the payment as a check transaction. fF payment is processed as an elechonic Fund hansfer the transfer will be for the amount of the check. When we use information from your check to make n electronic fund transfer, funds maybe withdrawn from your account as soon as the some day we receive your payment, and you will not receive your check b«k from your financial institution. The Pressing of yyour payment may be delayed if you sod cash, correspondence or other items with your payment, if you send the payment fo any etfter address or iF you use an envelope other than the one provided. Payments received in proper Form at our pracessing facility by SPM local time on any day will be credited to your Account as of that day. Payments received at our pr«esstng facility offer 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 rigf t to resubmit it as an electronic debit. You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1-8 04 3 4 7-26 8 3. You will need this statement and your bank account information. You must ensure that sufficient funds are available in your bank account, and all tronsodions must comply with U.S. law- You will be asked to provide the first 5 digits of your account statement ZIP code. By entering those numbers as your electronic signature, you will be agreeing to this aufhorizatin to allow us and your bank to deduct each payment you authorize from your Bonk account, and to initiate debit or credit entries to ur bank account, as a plicoble, to correct an error in the processing of such payment. You must tell us the amount of eacf Mement or you can select an amount such as the Minimum Payment Due or the New Balance on each statement. You can cancel a et; however we must receive notice at least three business days in advance of the scheduled payment.paYou may us by phone at 1-804347-2683 or by mail at the address listed in the previous ement and?w muchitwil1 be.Your auutomaticpuatymw nt will may be les th an indicated on the month yr sytateme ttlbased one credits or payments applied during the bi iN rg cycle. ?,+rj??pq?rrg. We may report information about your Account to credit Iwreaus. Late payments, missed payments, or baFrti?err 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 yyoou believe thal our report a inaccurate or incomplete, please write us of the following address: Discover PO Box 15316, Wilmington, DE 198545316. Please indicate your name, address, home telephone number and Account number. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paying Interest We begin to impose Interest Charges on all transactions from the Transaction Date for the transaction shown on your billing statement, unless a transaction is posted to your Account after the close of the billing period in which it occurs , in which case we begin to impose interest charges on that transaction from the first day of the billing period in which it is posted to your Account. We continue to impose Interest Charges until the date you pay our entire New Bal h y ance s own on your billing statement by making payments or receiving credits. If you paid the New Balance on your previous bill-ng statement b the Payment Due Date shown on that billing statement, we will not impose Interest Charges on new purchases , that is, purchases first a gearing on the current bill-ng statement, or any portion of a new purchase, paid by the Payment Due Date on your current billing statement We call this the " race eriod It i t l h 2 d . g p . s no ess t an 5 ayys. There is no race period on balance transfers or cash advances. As more fully described in the section of your Cardmembe A reement tided "H t ow g We Apply Payments," we generally apply paymends to your Account based on" APR a plicable to the balance of each transaction category. This means that if ou do not a the Ne B l th ll y p y w a ance on e current be ing statement by the Payment Due Date shown on that belling statement, then depending on the amount of our a ment a d th APR h b l y p y n e s on ot er a ances, you may not get a grace period on new purchases. Minimum Interest Charge. We will charge you a minimum Interest Charge of $ 50 for any billing period in which Interest Charges of less than $ 50 would otherwise be imposed. Annual Fee. It your Account has an annual fee, it will be billed at the beginning of each anniversary year your Account is open. The amount of the fee appears an the statement when the fee is billed Th l f i f . e annua ee s not re undable unless you note us that you wish to close your Account within 30 days of the mailing or delivery date of the statement on which the fee is billed. You will receive this refund even if you use your Card durin that eriod g p . How We Calculate Interest Charges Daily Balance Method (including current transactions): We figure Interest Charges for each billing period. To do this: We calculate your Interest Charges separately for each balance subject to different terms (for example, standard purchases, standard cash advances and each purchase, balance transfer and cash advance balance subject to promotional terms). We refer to these balances as transaction categories. We figure the "daily balance" for each transaction category. To get the "daily balance" we take the beginning balance for each day, add any new transactions and fees and any Interest Charges accrued on the previous day's in daily balance. We then subtract any credits and payments and make other ad'ustments. In calculating the daily balance for the first day of the billing period, we consider the "previous day's Taily balance" to have been your balance on the last day of your previous billing period. This gives us the daily balance for each transaction nn n category. o 1 We figure the Interest Charges on your Account by multiplying the daily balance for each transaction category by its daily periodic rate, for each day in the billing period. ° The total Interest Charges for the billing period are the sum of the doily Interest Charges for each transaction category for each day during that billing period. X When we calculate daily 6alonces, we add a new transaction as of the Transaction Date shown on your billing statement, unless the transaction is posted to your Account after the close of the billing period in which it occurs in which case the transaction will be added to the daily balance as of the first day of the bitting period in which it is posted to your Account All U'I , fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Fees which are added to the applicable cash advance transacti t d B on ca egory an alance Transfer Fees which are added to the applicable balance transfer transaction category. For TDD (Telecommunications Device for the Deaff 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 Discoverocard is issued by Discover Bank, Member FDIC OITBK171 9240126 wueslion5? Visit www.Discover.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 Szczy iel 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# 9240126 Jacqueline Stirling 6011002966259822 IN THE LOUR' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No I1-7028-CIVIL ACCEPTANCE OF SERVICE rn _.,..? --+ , ,..t --e co -- vs. JACQUELINE STIRLING Defendant THIS PARTY: FILED ON BEHALF OF 5: Plaintiff ?:. COUNSEL OF RECORD OF Matthew D Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#09240126 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JACQUELINE STIRLING Defendant Civil Action No. 11-7028-CIVIL ACCEPTANCE OF SERVICE i, JACQUELINE STIRLING, do hereby accept service of the Complaint in Civil Action. DATE : /0 1 en nt M P ? N ? -_! . co ..C" ?....? .. Z C-q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff x s. JA.CQUE,..INE STIRLING Defendant No.] 1-7028-CIVIL STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT i- ILED ON BEHALF OF Plaintif COU\SEL OF RiiCORD OF HIS PARTY: Matthew D Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#09240126 $3508.48 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BALK Plaintiff Vs. JACQUELINE STIRLING Defendant Civil Action No. 11-7028-CIVIL PRAECIPE FOR JUDGMENT BY CONSENT TO THE PRO r'HONO 'l ARY: Kindly enter Judgment against Defendant, Jacqueline Stirling, in the amount of $3508.48 plus costs, based upon the consent of the parties. CONSENTED TO: WELTIViAN, %VEINBERG it REIS CO., L.P.A., By:1-1111'-'?//???? Attorney for Plaintiff JACQUELINE STIRLING, By: Def an W WR#09240126 414.00 Pp Ate/ 0 10129154 eaw533 G4t-c , Il la, cP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff IV S. Civil Action No. 11-7028-CIVIL JACQUELINE STIRLING Defendant STIPULATION OF THF. PARTIES FOR PAYMENT XND FOR THE ENTRY OF JUDGMENT BY CONSENT TO 114E PROTHONOTAR' Y: Kindly enter Jwign-ient in favor of Plaintiff and against the Defendant, Jacqueline Stirling, above-named, in the amount of $3508.44" pu :uant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $3381.48 with continuing interest thereon at a rate of 60 o per annum from September 19, 2011, plus attorneys' fees in the amount of $125.00 and costs. I o secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, Jacqueline Stirling, in the amount of $3383..48 plus continuing interest thereon at the rate of 6% per annuin from September 19, 2011, plus attorneys' fees in the amount of $125.00 and costs. 3. Plaintiff agrees not to Execute on its aa•°gment so long as Defendant cause.: to be delivered to Plaintiff the following payments in !all by 12:00 NOON on the following dates: (a) $275.00 due by October 15, 2011; (b) no less than $275.00 due by the 15th of each consecutive month thereafter until balance is paid in fu l l 4. All payments are to be made payable to the order of "DISCOVER BANK" 5. The first payment due under this agreement s to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, WeinK rg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time ; of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No art omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, cstoppei, or an.- other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agre: is finial and complete. -IV 9. Intending to be legally bound, the parties set tiieir hands and seals this day 20_j WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W 2#09240126 By De e nt, quelin Siiri(ng IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff v s. JACQUELINE S HRLING Defend,-mt JacqucIine Stirling 1606 Luisa Lane Mechanicsburg. Pa Civil Action No. 11-7028-CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jur meat was entered against you on /0 / (xx) Assumpsit Judgment in the amount of $3508.48 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order Non-Pros ( ) Confession Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary 1'1050 By: PRO TARY (OR DEPUTY) WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s) I.D. No.86469 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9240126 DISCOVER BANK Plaintiff ?j. -OFFICE FOHOMO W 2012 JUL -9 PM 1:'25 CUMBERLAND COUN Y PENNSYI.VANlA CUMBERLAND County Court of Common Pleas vs. JACQUELINE STIRLING Defendant(s) NO. 11-7028 CIVIL PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. Sarah E. Ehasz, Esquire Attorney for Plaintiff aVA U 9.90 C?? 16 5? S? JACQUELINE STIRLING 1606 LUISA LN. MECHANICSBURG, PA 17050