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HomeMy WebLinkAbout11-7030 cm -I -?7 C) a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KATHY A RAUDABAUGH Defendant No : 11- 1030 C V'tl Tarot 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 09279915 C A Pit SJS (a? 4A.0a p0Aml e1 1010q-103 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No KATHY A RAUDABAUGH 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: KATHY A RAUDABAUGH 17A W YELLOWBREECHES RI) CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8189 . 4. Defendant made use of said credit card and has a current balance due of $4746.18 , as of July 02, 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 7.9906 per annum on the unpaid balance from July 02, 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 , KATHY A RAUDABAUGH INDIVIDUALLY , in the amount of $4746.18 with interest at the rate of 7.990% per annum from July 02, 2011 plus attorneys' fees of $125.00 , and costs. James WELTM 436 S Pitts (41Y-9 FAX092 This law firm is a debt collector att our client and any information obtain WEINBERG & REIS CO., L.P.A. nth Avenue, Suite 1400 gh, PA 15219 4-7955 2-338-7130 5 C A Pit SJS ing to collect this debt for ill be used for that purpose. DISCOVER $474618C° 25 SDSN6AOt 0005894 KATHY RAUDABAUGH 17A W YELLOWBREECHES RD CARLISLE PA 17015-9357 Minimum Payment Due Account Number ending in 8189 $425_00 Enter Amount Enclosed Below Payment Due Date J l 20 u y , 2011 Please make check payable to Discover Card. Minimum yment due includes a past due amount of $330.00. Phone and internet payments must be made by 5:00pm ET for some day sti ed2%f buying stamps? Go mobile) Make payments from your phone with the Discover app. It's fast and It's free. Download today at http://www.discovet:com/apps PO BOX 71084 lllrrrllrrsrrlrls?t?rrsllrl CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? l,rllll,411111,Ilurlnlrlnrllllrnlnlnlullnlpill rpill ll Go to www.Dfsc.v.r.con or print change in space above. 000001986458129328981047461800000000042500 Ming um: may 20, zu I I closing Uafe: June Z: Discover More Card Account Summary Account number ending in 8189 Previous Balance $4,714.08 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0,00 Interest Charged + 32.10 _ New BTance $4,746.18 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $4,800.00 Credit Line Available $0.00 Cash Advance Credit Line $1,200.00 Cash Advance Credit Line Available $0.00 You may be able to avoid Interest Charges, see Additional Important Information for details. Anniversary Month September Opening Cashback Bonus Balance $ 0.00 New Coshback Bonus This Period + 0.00 Cashbadc Bonus Miami. -- $ - 0.00 To team more, log in at wrvw.Discover.com _„ .. t...ay. yr Payment Information New Balance $4,746.18 Minimum Payment Due` $425.00 Payment Due Date July 20, 2011 'Includes post due amount of $330.00 Late Payment Wamiog: If we do not receive your minimum payment by the date listed above, you may have to pay a kite fee of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APF of 12.99% variable. Mink nurrr Payment Warming: 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 tfie` A yov'wit! aril '' ddrtronal chargtitl? bahnci shown oA uR }tYfirtg an ing this Card and : thisstaement in osrimosltd Wall of h month' jrou pay: ; about: Only the minimum 28 years $16,028 payment If you would like information about credit counseling services, call 1-800.347-1121 3 Easy Ways to Contact Us Manage Your Account Online at www.Di3covor.com I Access your account securely at www.Discover.com 2. Call 1-800-DISCOVER (1.800.347.2683) Please have your Discover. card available . Access free online tools like Paydown Planner to creat a plan to down your balance, securely access statements, pay b l 3. Writ to us at Discover; PO Box 30943 i ls online and easily track all transactions , Salt Lake City, UT 84130 (Not a payment address) • Make your money worth more- -find easy ways to earn For payments, please send to address on remittance or and redeem cash rewards Discover PO Box 6103, Carol Stream, IL 60197.6103 NEW I Access your account securely through your For TDD (Telecommunications Device for the Deal) mobile phone assistance, please call 1-800-347-7,4A9 . : - 2 79946 Transactions Trans. PDate Fees TOTAL FEES FOR THIS PERIOD S 0.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 19.43 INTEREST CHARGE ON CASH ADVANCES 12.67 INTEREST CHARGE ON BALANCE TRANSFERS 0,00 TOTAL INTEREST FOR THIS PERIOD 32.10 EXHIBIT NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISCOVER DIt pays to ISC KATHY AccountRAUDABAUGH umber ending in 8189 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rafe (APR) is the annual interest rate on your account. Current ailing Period: 31 days TYPE OF BALANCE ANNUAL PERCENTAGE S UB ECT TO IWTEREST CHARGE SU INTEREST Purchases 7.99% $2,862.21 $19.43 Cash Advances 7.99% $1,867.37 $12.67 V - Variable Rate Information For You ***ATTENTION*** Your account is seriously past due. Payment of the amount due and arrangements for future payments should be made immediately. Additional Irnportam Intimation See your Cerdrnember Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediatelyl Call 1-80x347-2683. 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 84130.0421 In your leRer, give us the Following information: Account information: Your name and account number Dollar amount: The dollar amount of the suspected error Description 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 inin wntin 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 hue: We cannot ley to collect the amount in question, or report you as delinquent on that amount. The charge in gwsfion 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 VAh Your Credit Cord Purchases IF you are dissatisfied with the goods or services that you have purchased with your credit card, and you have hied in good faith to correct the problern 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 you 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, Salt Lake City, UT 841340945 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 envelops 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 hem your account at the financial institution indicated on your check or to process the payment as a check transaction. It 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 transfer, 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 tM payment fo any other address or if you use an envelope -ad than the ors provided. Payments u pa d in proper form al our processing facility by SPM local time on any dayy will be ited to your Account as of that day. Payments received at our processmg facihy after SPM kxal time will be credited to your Account as of the need day. IF you haw misplaced your envelope, asnd your payment to Discover PO Box 6103 Carol Stream, IL 60197.6}03. Please allow 7.10 days for delivery. If your payment is rotumed unpaid, cos reserve the rig?iI to rewbmit if 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 seta automatic payments through a customer service representative by calling 1-800-3A7-2683. Automatic payments will be deducted on the payment due date unless you request a payment date that occurs before yyoour payment due date. If your scheduled payment date falls on a weekend or bank holiday, your payment will be processed f}na 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 last four (4) digits of the social security umber of the primary borrower By providing those numbers as your electronic signature, you win be agreeing to this authorization to allow us and your bank to deduct each payment you authorize, in the amount selected by Y? bank account. You also authorize us to initiate debit or credit entries to your bank account, as a icable, to c TtSr in the processing of such payment. You can cancel a scheduled payment by phone at }-8432683 or by mail at the correspondence address listed above; however we must receive notice at least Mxse 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 yment will be made and how much it will be. You must ensure that sufficient Funds are available in your bank account, and rtransactions must comply with U.S. low. 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 fhe 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 DI VER Credit R.portmg. 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 you believe that our report is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, W lmington, DE 1 9850-5 3 1 6. 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 P%inq Interest on Purchases 1"Grace Period"1 you pail the Now Balance on your previous billing statement by the Payment Due Date shown on that billing statement, we will not imrse interest charges on new Purchases, or any portion of a new Purchase, paid by the Purchase Due Date on your current bill ing statement. new Purchases are Purchases that first appear on the current billing statement. How We A I Pa msMs Ma Im Your Grace Period you o not pay your aw a once m each month, then, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. How we cakalate Interest Charges Daily balance "ad (including current transactions): We calculate interest charges each billing period by first figuring the "daily balance" For each Transaction Category . Transaction Cateeggoorries include standard Purchases, standard Cosh 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 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 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 Terri Interest Charges We multiply the daily balance for each Transaction Category by its daily periodic rata. We do this for each day in the billing 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 Fess 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 MD [felecornmunkalions Device for 16 Deaf) assistance, please cal 1-800-347.7449. Discover may monitor and/or record telephone calls between you and Discover repis: wdalives For quality assurance. purposes. The Discovermcard is issued by Discover Bank, Member FDIC RZNFEOOI 9279915 QWBStlons? Visit www.Discovw.com or call 1.800-DISCOVER 11.800-347-2683). 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. WWR# 9279915 Kathy A. Raudabaugh 6011002085388189 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i?L t?': t t " " F Irf? >, ; 1P R Sheriff ratr nt ?.uu?bctf ` Jody S Smith ?ir? ?4? . 011 SEP 26 PPS 2:?;, Chief Deputy ra ? Richard W Stewart CUMBERLANO CUU f Solicitor OMCE rt'?E "EPI, PENNSYLVA IA Discover Bank Case Number vs. 2011-7030 Kathy A. Raudabaugh SHERIFF'S RETURN OF SERVICE 09/19/2011 08:05 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on September 19, 2011 at 2005 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kathy A. Raudabaugh, by making known unto herself personally, at 17A W. Yellow Breeches Road, 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. S UTS LL, DEPUTY SHERIFF COST: $34.00 September 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ic', (?CtotySude She ntf. Te1eU50`t, In.