Loading...
HomeMy WebLinkAbout11-7287By 17 w I ! v l C` EL) L t !E11 (1y ti T 1)? l_ R D", IN !(V'NOA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DANIEL STEVEN SHAFFER Defendant No: 11 1a O-7 CL'A 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 09281379 C A Pit: SJS S ??.mpda CI?H lpl x3351 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DANIEL STEVEN SHAFFER Defendant Civil Action No 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: DANIEL STEVEN SHAFFER 24 CHESTNUT ST NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3961 . 4. Defendant made use of said credit card and has a current balance due of $4969.19 , 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 20.7406 per annum on the unpaid balance from May 31, 2011 . .?? copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 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. A lt, hc,zgh 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 , DANIEL STEVEN SHAFFER INDIVIDUALLY , in the amount of $4969.19 with interest at the rate of 20.740% per annum from May 31, 2011 plus attorneys' fees of $125.00 , and costs. James C. Wa roc?t 42524 WELT WEINBERG & REIS CO., L.P.A. 436 eve th Avenue, Suite 1400 Pit bu gh, PA 15219 (41 ) 4 4-7955 FAX. 4 2-338-7130 09 81 9 C A Pit SJS This law firm is a debt collector atte?]Ating to collect this debt for our client and any information obtainEW will be used for that purpose. New Balance DISCOVER $4,969.19 15 SDSN6A010004154 DANIEL SHAFFER 24 CHESTNUT ST NEWVILLE PA 17241-1304 Minimum Payment Due I Account Number ending in 3961 $ 4,969.19 _ J Enter Amount Enclosed Below Payment Due Dale ? July 10, 2011 Please make check payable to Discover Card. Minimuy$ aymen, due includes a past due amount 825.00. Phone and internst payments must be made by 5:OOpm ET for same day Lostin9 Tired f buying stamps? Go mobilel Make payments from your phone with the Discover app. It's fast and it's free. Download today at hnp://www.discover.conVapps PO BOX 6103 11111111111 If 1111 CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Irllirll?rrirrlllrlrrlrr?lrlliriirllll?iiirl?illrrirrllrrlirll Go to www.Discov*r.com or print change in space above. T 000001986458046879975049691900000000496919 C?H??1 Opening Date; June 1, 2011 - Closing Date; June 15, 2011 Discover More Card Account Summary Account number ending in 3961 Previous Balance $4,969 19 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 v $4,969 19 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $4,200.00 Credit Line Available $0.00 Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 CashbaC Bonuse Anniversary Month February Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in at www.Discover.corn 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 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, CaroLStream, IL 601 97-6 1 03 For TDD (Telecommunications Device for the Deal) assistance, please call 1-800.347.7449. Payment Information New Balance $4,969 19 Minimum Payment Due' $4,969 19 Payment Due Date July 10, 2011 'Includes past due amount of $825.00 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 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 25.7A% 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 pay off the And you will and additional charges balance shown on up paying an using this cord and Ihiz atotement in estimated total of. - eoch ;month' you pay about, Only the minimum 11 years $4,969 payment If you would like information about credit counseling services, call 1-800,347,1121 Manage Your Account Online at www.Discover.com • Access free online tools like Paydown Planner to create a plan to ay down your bolonce, securely access statements, pay bills online and easily track all transactions • Make your money worth moreSM-find easy ways to earn and redeem cash rewards • N€WI Access your account securely through your mobile phone Transactions Trans. Past 9281379 Date Dale Date Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 $ 180.00 TOTAL INTEREST CHARGED IN 2011 369.44 NOTICE SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISCOVER 1 i'P°ystO nSHAFFER ___ DISC YEB Account number ending in 3961 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 15 days TYPE OF BALANCE AANNUAAL PERCENTAGE AL R C SUBJECT TO INTEREST CHARGE PATE ( Purchases 20.74% V $0 $0 Cash Advances 27.99% $0 $0 V = Variable Rate Additional Important Information See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stollen cards. Report immediatelyl Call 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, Salt Lake City, UT 84130.0421 In your letter give us the following information: Account information: Your name and account number Dollar amount: The dollar amount of the suspected error Descri tion 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 mist; ce. You must contact us within 60 days after the error appeared on your statement You must notify us of any potential errors Lin writin You may call us, but if you do we are not required to investigate any potential errors and you may have to pay t e 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 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 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 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 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 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 on electronic fund transfer from 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 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 the payment to any other address or if you use an envelope other than the one provided. Payments received in proper form at our processing facility by 5PM local time on any day will be credited to your Account as of that day. Payments received at our processing focili}y after 5PM local time will be credited to your Account as of the next day. If you have misploced 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 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 ou request o payment date that occurs before your payment due date. If your scheduled payment date falls on a weaken 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 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 correct an error in the processing of such ppaa ment. You can cancel a scheduled payment by phone at 1.800.347.2683 or by mail at the correspondence address listeLbove; 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 payment will be 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 our monthly billing statement, you will be responsible for paying the difference. Your automatic payment amount may be lg 013?'Wount 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 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 Imington, DE 19850.5316. Please indicate your name, address home telephone number and Account number NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION 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. U ? ?I (Signature) WWR# 9281379 Daniel STEVEN. Shaffer 6011002970313961 Paying Interest: We begin to impose interest charges on a transaction, fee or interest charge from the day we add it to the dally 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 Paving Interest on Purchases ("Grace Period"I If you paid the New balance on your previous i in6l gent 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 I Pa ments Ma Im act Your Grace Period you o not pay your ew a ante 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 Calculate Interest Charges Daily Balance Method (including current transactions); We calculate interest charges each billing period by first figuring the "dally balance" for each Transaction Category. Transaction Categgories include standard Purchases, standard Cash Advances and different promotional balances, such as Balance Trans ters. 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 poymenr. 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 Cotegory by its daily periodic rate. 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 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 TO (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 record is issued by Discover Bank, Member FDIC UNFE001 9281379 Questions? Visit www.Discover.com or DISCOVER call 1-800-DISCOVER )1.800-347-2683) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank vs. Daniel Steven Shaffer ?4?iwtiS+? at burr+br???frO f fT i t 0T? SEP 29 PM 9. i UM I$ERLAt! Case Number 2011-7287 SHERIFF'S RETURN OF SERVICE 09/22/2011 11:46 AM - William Cline, Corporal, who being duly sworn according to law, states that on September 22, 2011 at 1146 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Daniel Steven Shaffer, by making known unto himself personally, at 24 Chestnut Street, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. Y2,- WILLI? CLINE, DEPUTY SHERIFF COST: $40.00 September 26, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ,..; CowayS-I to 8he!,'f T eeos J(. In,'