HomeMy WebLinkAbout12-1510IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Discover Bank NO"
;'?.aYl-JpNtA
6500 NEW ALBANY RD CIVIL ACTION
NEW ALBANY, OH 43054
Plaintiff
vs.
: NO: 901 a -1,516 6-va
WESLEY E? ELLIOTT
503 E, ELMWOOD AVE APT 3
MECHANICSBURG PA 17055-6313
Defendant
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 to
Defend 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 ON AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE.
MIDPENN LEGAL SERVICES
401 EAST LOUTHER STREET
CARLISLE, PA 17013
717-243-9400
C-
7 5H H a4
C"ast /
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Discover Bank
6500 NEW ALBANY RD
NEW ALBANY, OH 43054
4
t?
CIVIL ACTION
Plaintiff
vs.
NO:
WESLEY E ELLIOTT
503 E ELMWOOD AVE APT 3
MECHANICSBURG PA 17055-6313
Defendant
COMPLAINT
Plaintiff, Discover Bank , by and through its attorneys, Edwin A. Abrahamsen &
Associates, P.C., complains of the Defendant as follows:
1. Plaintiff, Discover Bank , (hereinafter "Plaintiff") is a corporation with a principal
place of business located at 6500 NEW ALBANY RDNEW ALBANY, OH 43054
2. The Defendant WESLEY E ELLIOTT (hereinafter "Defendant") is an adult
individual residing at 503 E ELMWOOD AVE APT 3 MECHANICSBURG PA 17055-6313.
3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase
and collection.
4. Defendant applied for and received a credit card issued by Discover Bank with the
account number ending in 1544.
5. Use of the Discover Bank credit card was subject to the terms and considerations of
the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent to the
Defendant along with the credit card.
6. Defendant used the Discover Bank credit card account number ending in 1544, for
purchases, cash advances and/or balance transfers.
7. The Defendant was mailed account statements relative to the Defendant's use of the
subject credit: card. (See, attached hereto as Exhibit "A")
The Defendant defaulted under the terms of the Agreement by failing and refusing
to make monthly payments on the account as they became due.
9. The Defendant last made payment on November 23, 2008.
10. The total amount due and owing the Plaintiff including interest, is $12,632.57.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the
amount of $1.2,632.57 plus costs of suit and any other relief as the Court deems just and
appropriate.
Respectful]
AvAbrahamsen k-Assoc.
Michael F. Ratchford, sc
Attorney I.D. Nos.: 86185
120 North Keyser Av .
Scranton, PA 18504
mratchford(,)eaa-law.'com
Phone: 570-558-5510
Fax: 570-558-5511
VERIFICATION
I, Michael F. Ratchford, attorney for Plaintiff, Discover Bank , am fully familiar with the
facts set forth in the within Complaint and am authorized to make this Verification on behalf of
Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best
of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A.
4904.
New Balance Minimum Payment Due
DISCOVER $12,632.57 $12,432.5,
Payment Due Dote
i May 14, 2009
15 SDSN6A0 1 0001102
WESLEY ELLIOTT ?.
503 E ELMWOOD AVEIAPT 3
MECHANICSBURG PA 27055-4236
Account Number ending in 1544
Enter Amount Enclosed below
Pleoie make check payable to Discover Card
Minimum payment due includes a psi due
amount of 12,000.00.
Go Paperless and make your account
Information more secure with password-
protected statements only you can access.
Learn more at discover.cornlpaperless.
PO BOX 6103 Ill, IAln.,nllrlslrrlull
Address, "oil or telephone changs7 Print change in space CAROL STREAM IL 60197-6103
above, or go toDiscover.com.Print your e-mail address to ?rllu?lnnu???r?n?nrlr??nrn????unr?????rnu??rr(u??
receive important Account information and special offers.
000001986458884703303126325700000001263257
- --------
Discover More Card Account Summary
closing Date; April 15, 2009 page 1 of I
Account number ending in 1544 Previous 801ance
Payment Due Date Mq 14; 2009 $12,632.57
Y Payments And Credits 0.00
Minimum Payment Due $12,632.57 Purchases
1 Credit Limit $12,000.00 + 0.00
Cash Advances + 0.00
i Credit Available $0.00 Balance Transfers
Cash Credit Limit $0.00 + 0.00
Finance
Cash Credit Available $0.00 Now BBalnncs a7s + 0.00
Now •
512,632.57
i
Cashback Bonuse Opening Cashbock Bonus Safance $ 0.00
New Cashback Bonus This Period + 000
Cashbadr Bonus Balance $ 0.00
'-Coshback Bonus® Anniversary
- --------------------
! Month: April - -
How Can We Help You? I . Visit Discover.corn to pay your bN far no coati view r
latest Account information, earn and redeem rewards and more
It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347.2683) for fast, easy self-service
Please have your Discover Card available, options or to speak with a Customer Service Account Manager
For TDD (assistance for hearing impaired) $ee reverse side 3. Write us at Discover Card, PO Box 30943,
Salt Lake City, UT 84130
Transactions $0 Fraud Liability Guarantee Use your Discover Cord with confidence.
Information For You
While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment
was Iota, we hove chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on
purchases and arty special balance tra'War rate, and applied the standard APR for purchases to your outstanding balance of
purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the
minimum payment due by the payment due date. See the Defoult Rote Plan section of the Cardmember Agreement for
details.
Finance Charge
Average
Daily i
fy
Doi
Periodic Nominal
ANNUAL
PERCENTAGE NTAGE
ANNUAL
Periodic T
ronsadion
e
Bo aces
Roles PERCENTAGE
RATES
FINANCE FINANCE
current billing period: 15 days -?
Purchases so
Cash Advances $0 0-08216% 29.99% F 29.99%
$0
$0
i
previous billing period: 19 da
s 0.08216% 29.99% F
29
.99%
$O
$0
y
Purchases $0 0.08216% 29.99% F
29.99%
S0
rho rates that apply to your Account are either fixed iFl or they may vary M as rated above. none
it
huponard kdanrwiah. N Pere is more fan one page to 0iis bbg dAwned, see iha tied of each papa for anldiumd Ynporbd idomtabtlarh. i
Sea ye r Cardmember Agmemenl. You Cardner8er Agteument centees all #a teem of yea Aaa+ra.
h
Lost or stake cards. Report on hOW Cal 1.804341.2661
Bluing R'ghu Summary. In Casa d Eras or aiestims MOO Yonw Bill: 9 you drink yaw bill is vn q. or if yell need morn edamalmr'aboiA B hansadim on you 6l, write to us on a
separate sheet at papa ar Osmver, PO Box 30421. Sall Lake City UT 841300421, as soon as pas". We must hear from you no ktls can fd days aka we sera you to bat bill on i
wtxch de error or problem appeared. You can Wepho a us, bu damp so will net pnmerve yon ngfNS. In Ynxw letter. give us der fadewag idame.tion:
Your name and Aoca nt nur brr
•Thedakerann"cA owspededam r -
-Describe fre error and explain, d you can, why you believe *we is on ens. tt you reed mere infanahan, deschim 0te don you are WMOV abxd' i
i
You do not hens to pay any arrant in question Mode ova am swalpa6g. but you are sell obligated b pay de pans of yaw led fall are Rd n gresear. White we invesagab yaw n
quesban,wecanarapertywasde gwgor take anyscrimbaIxtfeemawdyougheshon.
Special Rule for Credit Card PuFdmm: It Vier how a prdAva, Mith iM qualify of goods or senwan del yce pudmW with a crecM cad, and you from had in good min b awed
lie problem wan to nardhanl you may not have to pay fm rerraffe g entered due all de goods a sery4es, You Mae die prolectan only wFea de padwa price was more then $50 ?
and ee purdw s was made in you home stab a wdm 100 rides d you.mwiig address: If we om oropetae de me haM or d we ffWW you dhe advats mad im 0b goods a
services, at pudaeas ire owared regardless d f e amoud or bcabe» of pudrme)
Pnym ins, Send ally, you peymaN and On lop Paew of On atarerhaf in rib esrelope provided. Do not send cash. By seafrg your dhedt as desurbed above. you adlem as b '
use infurawl m an yaw dads b make an eteaarve hid sander from year acceirl al fns ifnhartad stsabrtrm indicated an You dealt or b Process the payment os a dad, trarmaetion
0 pay wd is processed n an decbpnic hind transfer, the transfer wit be kx the amouN an rib deck' When ova use rdonn etron from yea dhey m maim a ebdrorsc hard tredar,
fads may bar witldrare n from ygur award as sow as lib serneday we receive yaw paymenk art you wil not receive yea check bark from you knancid sdktr0im.
The pracrmng all yaw papnerf may be delayed if you sand rash, mnespadence or alter tam with your payment d you sad the payment to shy a0w address or A you use an
erwekpe afwr a s3 the one p ouidedP-- received npraper form of err prooassrq faaT?YOy SPN heal dnhe ono a y Day w?l be dedaedp you nawd as of dvt day. Pam
racirved al she poor5s:np aMr bill ime rvf tier aa0sd b yo aAomtiN its d me ne d ier. d you Maeaaplsoad ivu ervdoca: ism Y- : psymA to Drsmva. f Bari
6103, Cad Skeark t 601975103. Please dew 7-'10 days kx delivery. f yw psymaat is 4swred upend, we resew 0b rgtd to resrbk a m an ekr4asc debar.
You aril pay per miensan peyrnent or a Wea s amend over lie Weptone. and you can set up etdanakc pagwift. Cad us at 1404347.2693. You veil reed to sawneat and yaw
be* aooau t sdomeaore You aw Gnu" 0w wince cat tads weavaie6k in ymwbnk aaaw, and all harsec4ars must can* with U.S. low. You** be asked le pnwide ft first i
5 digits dyers secawd gm~ rip code. By edging you numbers as yaa,electrase sigat xk you will be aWeNV b Its autteri76emn to Blow Mad your bark to deduct each
payment youredler"from youbank acau4andtoMiles &Waa"w*wbyoubandseowud,asapplpble;bcartedaneatintepocess. dsuchpaymeraYoumean
W ns to ammo d each payment, or you can selectan amount such as Ole Mnnrm Peymed Due aide New Bdana'm each stakmeM Yee an recd a pap wiL how m we '
must ace' a nabce at least donee business days n advmroe of fe sdadded Parma. You may nady us by phase at 1 EgO U7-2683 or by mail side address listed in rite previas i
pw gaph. fly= paprenls may wry it amasd we Mil led you an each eerdldtr stammert when you papnerd vd be made and haw much dvA be. YasAu eirmac page ent emaad r
may be less Min indicated on be mahddyslebrrrend baud on credos a paprens applied dhwwg ft b&rg cycle. '
Credit Repadng. We mayreporl idmrcdm about your acooud to aeda bureas. Low peyrnen6, missed papeents. or ether delecti an yw amuuml aM be relleded n yaw aeda
repot We mealy report lie loam and payrrhed WM of year AaceuN b saris reptatirg agaaea each M011111). 9 ywbdew that err rapol s saavate or shamplete, please was'
hs a tlekk address: ohswver. PO Bas 15316. Wlmingbn, OE 198545316: Please sdhde you narne: address: two leoxm rumba and Account rxnber.
PEWDIC FINANCE CHARGES. Petbdo Fawns (]urges am inposed on all transactions iron tie date to samedioir is poled b)aw Amount wall ft dam you pay you edge
New Balance. by malag pnymWS or receiving credits. Nowemr, d you paid the New Bdwm on year pmveus WN stemmed by lib Peyrnerd Due Of door on cat steternend, an{
you pay dm New Balance by ft Per nerd Due Demon your anal h" smOanartk we will net srrpose Pe edc Franca Clusges be new pltdram, ford a padams list appessng
on fe amend dater nark We rat cis fie grace paned. Ofewase, you wD reaave a bang statement next mach Dui ndides Periodic Firiarsb Ctrrges an tlwse new pumheses. Thor
s no grace period anbalatce, tramcars or ash advances-
We sat you lea smsens sdo groups of pudows. ash advances, and balance transfers and fen hw§w sort lie transatrom wittier each gaup by lies Annual Percentage Ram. For
exarnple, purhsses ablad ea a prme9ond ram and purism uf4W to a standard rate wandd be '' I , Is grays. We raw tofresa gmups as kin actan ategeries. Al der end of
each b&g perioit we aaapW bdmwn and PanoAa Fibrce Gorges for each day of fie btlfrg period for each barsemon all" We use On k0vxa'g sgeabon the ampda
Pentl& Fm m Chagos Its esct tradactran cabgay: Avamp DailyBdaroe x rrwrber ddays into bdrg period x Dandy Poodle Ram. ('1a may tells b dw kanee durga
Acocurd. Avensp Daly Balance asMwr as mho! beatsad to gram period, no Pa'edi France Chagas apply In to balance ei in as aasadian caugery.
i"e use to AveageDaty Balance Vxkp ng new eansarbors) rnedred of ezic.-Lvtng dv balance Wmvtjch "a:ges Periodic Fiance Cherga Vk earn" to Ava sp.D? _
Balance kr each Imma'bm category by adding tp ¦d IM daily balances in a Ming p»dod kx s aamechoit category and &n&V der bld by lie mmber al days in the biEng cycle. We
amens to daily bell" for each wa samnn ategay on each day by fist addrp fe blaming m to paws days defy bamrce: warsac a m.made pal day. fen claged Ow day
and Parodic France Charges ached on the prevors days dailybWwmx; andbythan stb4actnp any ciedas and peynena 0W am applied against ft bdmee of lie transaction
craM on Met day. In calaismhg der daily bakes for der fist day of lie bikeg period, we omWw tle'preaas days bdard m hem been your balance fa each tramecebn
mbgory on the last day of year prevmw bingpencid. If a trareacken m posW to yaw Aooanr attar the dose of to biting period n which d aoaws, we wT treat to aamaai en as law
igaxanadmfeINdrrydtMbiegpmWinwftidhit is posted ID yawAca(O.
N mat daged he yawActnhst are added to lie standard purhesa frarserAm cftery heft the eicep w of CashAdvmnm Trersemai Fee France Charges wtih we added m th
applicable ash mkw4b froneaaim category and Balance Transfer Tramsctia Fee Fearless CMrpes vAvch ate added b lie wplaw a dda ce transfer ecoacem amgay. Wien
a speed aetaros rmWw rem extsm, ere mew die unpaid balance d 1M balance transfer and In NO Transfer Transadm Fee Franca Charges to de atartdad prdwe
tremacbm amgay. ffoweter, d to spasm rem has been Warlrrmd wide the Detach Rate Pia, we Wive ant urpad balance at the balerce transfer and die Balance TrenwW Train
achan Fee France Chagas in fm, applic" trarm/c5on eamgay util to special rote would Mae expnd.
For TDD (fnyetanrmatlatlom Dwke for the Deny) assistance, please call 1204347-7449.
Discover may manor ardfor read tdeplere caps bdvsan you.and Dscova repesaHeuvves for "W essuerce prpases.
The Diwawr' cad a messed by Dissever Bank. klanbw FDIC.
O1TBK'
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff i {
Jody S Smith
Chief Deputy
Richard W Stewart E WL
Solicitor ?' `l?d;i L `oaf A ,
Discover Bank
vs.
Wesley E. Elliott
Case Number
2012-1510
SHERIFF'S RETURN OF SERVICE
03/30/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Wesley E. Elliott, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Wesley
E. Elliott. Request for service at 503 E. Elmwood Avenue, Apartment 3, Mechanicsburg, Pennsylvania
17055 the Defendant was not found. Deputies were advised, Sana Sammons current resident of this
address has lived at this address for two years.
SHERIFF COST: $43.00
March 30, 2012
SO ANSWERS,
(;" ? ?z 21 ?'?
RON R ANDERSON, SHERIFF