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HomeMy WebLinkAbout14-4570 Supreme Court of Pennsylvania C01111 of Common Pleas For Prothonotan, Use Oniv: Civil Cover Sheet CUMBERLAND Docket No: I4- q5r70 Oi-alax, The i'?fib,,fination co? ecred on thisfbrm� is used solely fibr courr adminisi?-an-on paposes. does ;?ot s1q)J*ment 0.7.replace rhe, ; ,;if Ci re scu-viceqfpiecs 0�.oriwi-paremOvel pers as by If1w,or nmes qrcourr., _ ' S Commencement of Action: E 0 Complaint El Writ of Summons El Petition El Transfer from Another Jurisdiction E]Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T BARCLAYS BANK DELAWARE WANDA A RAY I Are money damages requested? 0 Yes El No Dollar Amount Requested: 0 within arbitration limits 0 (check one) El outside arbitration limits N Is this a Class Action Suit? El Yes N No Is this an MDJAppeal? El Yes 0 No A Name of Plaintiff/Appellant's Attorney: Apothaker Scian P.C. El Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CML APPEALS El Intentional El Buyer Plaintiff Administrative Agencies El Malicious Prosecution 0 Debt Collection: Credit Card El Board of Assessment El Motor Vehicle El Debt Collection: Other El Board of Elections F1 Nuisance El Dept. of Transportation El Piernises Liability M Statutory Appeal: Other El Pro duct Liability(does not El Employment Dispute: S include mass tort) Discrimination E 0 Slander/Libel/Defamation El Employment Dispute: Other C El Other: ❑ El Zoning Board T El Other: I El Other: o MASS TORT El Asbestos N El Tobacco [:] Toxic Tort-DES REAL PROPERTY MISCELLANEOUS El Toxic Tort-Implant El Ejectment El Common Law/Statutory Arbitration R Toxic Waste El Eminent Domain/Condemnation El Declaratory Judgment B El Other: E] Ground Rent El Mandamus El Landlord/Tenant Dispute El Non-Domestic Relations El Mortgage Foreclosure:Residential Restraining Order R Mortgage Foreclosure: Commercial El Quo Warranto PROFESSIONAL F1 Partition El Replevin LIABLITY E] Quiet Title El Other: F-1 Dental F1 Other: El Legal ❑ Medical El Other Professional: Updated 11112011 OF THE PROTHONOTARY Our File No.: 376192 201� SIT"; -4 PCR1 I2: 4' APOTHAKER SCIAN P.C. BY: David J. Apothaker, Esquire CUMBERLAND COUNTY Attorney I.D.# 38423 PENNSYLYANIA 520 Fellowship Road C306 Mount Laurel,NJ 08054 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE ) COURT OF COMMON PLEAS 125 S WEST STREET ) CUMBERLAND COUNTY WILMINGTON, DE 19801 ) Plaintiff, ) NO.: 14 -1157D �jvi i-Ter m VS. ) WANDA A RAY ) 3 SOUTHWATCH LN ) MECHANICSBURG, PA 17050-8213 ) Defendant. ) NOTICE 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 Os 717-249-3166 � 1�3. �5 Pp A77-1 Our File No.: 376192 APOTHAKER SCIAN P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel,NJ 08054 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE ) COURT OF COMMON PLEAS 125 S WEST STREET ) CUMBERLAND COUNTY WILMINGTON, DE 19801 ) NO.: Plaintiff, ) VS. ) WANDA A RAY ) 3 SOUTHWATCH LN ) MECHANICSBURG, PA 17050-8213 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is BARCLAYS BANK DELAWARE, 125 S WEST STREET, WILMINGTON, DE 19801. 2. Defendant(s) is/are WANDA A RAY ("Defendant"), an adult individual residing at 3 SOUTHWATCH LN, MECHANICSBURG, PA 17050-8213. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ("Account")to Defendant. 4. The Account number ends in 5116. 5. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 6. The account is in default due to Defendant's failure to make timely payments. o . 7. Although demand has been made, Defendant has failed to make payment of the amount due. 8. The amount due as of this date is $1,650.30. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,650.30 and requests this Court award costs to the extent permitted by applicable law. APOTHA R SCIAN P.C. Atto y fo Plaintiff A Law Firm En age in Debt Collection BY: David J. Apot ker. Esquire Our File No.: 376192 376192 VERIFICATION I, D*Ai[,RL Tubi►. hereby state that I am ib UgJ56A for Plaintiff. I hereby verify that,upon information and belief, the statements made in the foregoing Civil Action Complaint are true and accurate. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Af a ame New Castle County, DE Defendant's Name: WANDA A RAY Account Number: ending in 5116 Subscribed and sworn to before me this._ 06 day of,'Aek,!-& Notary Public, County of New Castle,/ 00I S MDState of Delaware My commission expires: d ))J-J � Ell \��� � //�i i A.00 M S Seo V �i s���TARY PJ�•�P���\ Payment Due Date October 08,2013 -+�; t<.,Ia'rda Gird Minimum Payment Due $486.59 a ri?: r>f the "BARCLAYS 0 Previous Balance $1,618.39 Statement Balance $1,650.30 Barclaycard ° Credit Card ® Statement Customer News Y Page 1 of 4 Primary Account Number Ending in:5116 Questions?Can 1-866-928-8598 ! CREDIT LINE WARNING Statement Billing Period:08/12/13 -09/11/13 www.BardaycardUS.com Your account balance is currently Account Summary Activity Summary over the approved credit line. To Minimum Payment Due $486.59 Previous Balance $1,618.39 bring your account into good Payment Due Date 10/08/13 - Payments $0.00 standing, please pay at least Statement End Date 09/11/13 + Purchases $0.00 $836.89. This amount is equal to your minimum payment due of Credit Line $0.00 - Other Credits $0.00 $486.59 plus the amount over your Credit Available $0.00 + Balance Transfers $0.00 Cash Credit Line $0.00 + Cash Advances $0.00 credit line which is currently Cash Credit Available $0.00 + Fees Charged $0.00 $350.30. Past Due Amount $438.50 + Interest Charged $31.91 Overlimit Amount $350.30 Statement Balance $1,650.30 IMPORTANT ACCOUNT INFORMATION Payment Information As a courtesy we did not charge you Statement Balance $1,650.30 a late payment fee this month Minimum Payment Due $486.59 despite the fact that your payment Payment Due Date 10/8/2013 was late. We strongly urge you to pay your bill by the due date to 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 $0.00 and your APRs may be avoid damage to your credit or increased up to the Penalty APR of 27.24%. future late fees and higher interest rates. 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 additional You will pay off the charges using this card and balance shown on this- And you will end up paying each month you pay... statement in about..: an estimated total of... Only the minimum payment 9 years $3,081.00 If you would like information about credit counseling services, please call 1-800-570-1403. `Repayment information is based on your acoount activity and the APRs on your a000unt as of the dosing date of this statement. Account activity after the dosing date is not reflected. To view your most recent transaction activity online,go to www.BarclaycardUS.com. Detach here.Please make checks payable to"Card Services"and include this payment coupon in the enclosed envelope. Please allow 7-10 days for U.S.Postal Service delivery. „�... Payment Coupon " barclaycord R Make payments online at www.BarclaycardUS.com Card Services P.O. Box 13337 Philadelphia, PA 19101-3337 ltrI�III" '1'1'11'II111111111loll Itlll�lrll�lllrl�l'I�IIII'1��' Check for address change. Complete form on the back. manifest line WAND4 A RAY --- - - - 3 SOUTHWATCH LN MECHANICSBURG PA 17050-8213 i Amount Enclosed: $ e Account Number -5116 Minimum Payment Due $486.59 vdIII1"1'1'1'1'111 I'll 111111111'11111"11111loll is111111'IC1' Statement Balance $1,650.30 Payment Due Date October 08,2013 Page 2 of 4 b r I C� C q CQfd A rnwrihwr of av#114 MAYS craw Reward Summary Beginning points balance + 0 Points earned on,your...everyday spend category this period + 0 Points earned on other activity + 0 Bonus points + 0 Barclaycard Rewards Boost + 0 Adjustments + 0 Total Points earned this period + 0 Points redeemed this month + 0 i ' Ending points balance 0 Activity for WANDA A RAY- card ending in 5116 No Transaction Activity At This Time 7 Summary of Fees and Interest Interest Charged Trans Date Posting Date Transaction Description Amount 09/11 09/11 INTERESTCHARGE ON PURCHASES $31.91 otal Interest for this.Period °-fit grTIN Y_ 531.91 Fees Charged Trans Date Posting Date Transaction Description Amount Total Fees for this Period a Year-to-Date Summary of Fees and Interest Charged" Total Fees charged in 2013 $215.00 Total Interest charged in 2013 =$171.22 M ?: 'This Year-to-Date Summary reflects the Fees and Interest charged on billing statements with closing dates in 2013.The Summary does not reflect any fees or interest adjustments and/or credits that have been made. p' Interest Charge Calculation - 31 Days in Billing Cycle Promotional Balance ANNUAL Rate End Subject to PERCENTAGE Interest Date Interest Rate RATE(APR) Charge Y� Purctia e ; s ' Current Purchases $1,633.77 22.99%(v) $31.91 _ h Balance Tsransfers �axJ�� } t4to3y°`, ,$ Current Balance Transfers/Checks $0 00 22.99%(v) $0.00 xn# CasfiyAdvancesVW Current Cash Advance $0.00 25.24%(v) $0.00 s Total Your Annual Percentage Rate(APR)is the annual interest rate on your account (v)=Variable Rate bardaycard Important Information A�,- of ft URCLAYSr- Page 3 of 4 Lost or Stolen Card:Your credit card is issued by Barclays Bank considered a"non-conforming payment" which may delay the Delaware. If your card is lost or stolen, please contact us crediting of the payment for up to 5 days. immediately at 1-866-928-8598 at any time. Other Payment Options: Payment Information: Each billing cycle, you must pay at least the Online:Visit www.BarclaycardUS.com to sign up for Pay Credit Card Minimum Payment Due shown on your monthly statement by its to pay your account online. Payments made on our website by 7:00 Payment Due Date. Both the Minimum Payment Due and Payment P.M. ETwill be credited to your account that same day. Due Date are noted on your statement and on the Accounts page Pay by phone:To make a payment by phone please call when you login to www.BarclaycardUS.com. At any time you may 1-866-928-8598. Payments made by phone by 7:00 P.M. ETwill be pay more than the Minimum Payment Due up to the full amount credited to your account that same day. you owe us,however you cannot "pay ahead". This means that if Overnight Payments:Send overnight courier service or USPS Priority you pay more than the required Minimum Payment Due in any Mail payments to REMITCO,Card Services, Lock Box 913337,2080 billing cycle or if you make more than one payment in a billing cycle, Cabot Boulevard West, Langhorne, PA 19047.A payment received at you will still need to pay the next month's required Minimum this address by 5 P.M. ETthat otherwise meets the requirements of a Payment Due by your next Payment Due Date. Remember to make conforming payment will be credited to your account that same day. all checks payable to Card Services. Please allow 7 days for the U.S. Postal Service to deliver your payment to us.Upon our receipt,your How We Will Calculate Interest. available credit may not be increased by the payment amount for up We use a method called "daily balance (including new purchases)." to 7 days to ensure the funds from the bank on which your payment We calculate interest separately for each"Balance Subject to Interest is drawn are collected and not returned.When you provide a check Rate." These include for example, Purchases at the current rate, as payment on this Account, you authorize us to either use the Balance Transfers at the current rate, Cash Advances at the current information from your check to make a one-time electronic fund rate, and different promotional balances. Your monthly billing transfer from your account or to process the payment as a check statement shows each "Balance Subject to Interest Rate." transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account To calculate interest, we first calculate a daily balance for each as soon as the same day we receive your payment, and you will not Balance Subject to Interest Rate. We start with the balance, for that receive your check back from your financial institution. For inquiries, Balance Subject to Interest Rate,as of the end of the previous day. or to opt out of one-time electronic fund transfers, please call We add any interest calculated on the previous day's balance. (This 1-866-928-8598. means interest is compounded daily). We add any new Purchases, Balance Transfers or Cash Advances to the appropriate balance, Mailed Payments:A conforming payment received by us by 5 p.m. ET subtract any new payments or credits from the appropriate balance, will be credited to your account the day of receipt. A"conforming and make other adjustments. A credit balance is treated as a payment" is a payment that: 1)is mailed using the enclosed balance of zero. We then multiply each daily balance by the envelope and payment coupon included with this statement or applicable daily periodic rate. We do this for each day in the billing mailed with a payment coupon printed from period. That gives us the daily interest. We add up all the daily www.BarclaycardUS.com to Card Services, P.O.Box 13337 interest for all of the daily balances to get the total interest for the Philadelphia, PA 19101-3337;and 2)is in the form of a single, billing period. non-folded check or money order made payable in US dollars from a US based institution. Any payment that does not meet these Accrual of Interest and How to Avoid Paying Interest on Purchases. requirements, or any payment with multiple checks or money orders, Your due date is at least 23 days after the close of each billing cycle. additional correspondence, staples, paperclips, etc. will be On Purchases, interest begins to accrue as of the transaction date. However, you may avoid paying interest on Purchases (except for purchases of Cash Equivalents which includes money orders, Continued on Page 4 Make changes to your contact information below. Name Address City State Zip Home Phone Work Phone E-mail Address RN bardaycord Important Information ADARCLAYStmop Page 4 of 4 travelers checks, foreign currency, lottery tickets, gambling chips, or We can apply any unpaid amount against your credit limit. wire transfers. Cash Equivalents are treated as Cash Advances and do not have a grace period. See your Cardmember Agreement for Your Rights If You Are Dissatisfied With Your Credit Card Purchases more information) in any given billing cycle if you pay your Statement Balance in full by the Payment Due Date. For Balance If you are dissatisfied with the goods or services that you have Transfers, interest will accrue from the transaction date which purchased with your credit card, and you have tried in good faith to generally will be the day we send the Balance Transfer to the payee. correct the problem with the merchant, you may have the right not For Checks, interest will accrue from the transaction date which to pay the remaining amount due on the purchase. generally will be the day the payee accepts the Check. For Cash Advances, interest will accrue from the transaction date which To use this right, all of the following must be true: generally will be the day you take the Cash Advance. If you are charged interest in a billing cycle, we will charge a Minimum Interest 1. The purchase must have been made in your home state or Charge (or"Minimum Charge") on your Account if the total interest within 100 miles of your current mailing address, and the charge in that billing cycle is less than the amount of the Minimum purchase price must have been more than $50.(Note: Interest Charge that was disclosed in your Cardmember Agreement. Neither of these are necessary if your purchase was If a Minimum Interest Charge is applied to your Account in a billing based on an advertisement we mailed to you, or if we cycle it will appear on your statement as a"Minimum Interest own the company that sold you the goods or services.) Charge" or"Minimum Charge" in the Summary of Fees section on 2• You must have used your credit card for the purchase. your statement. Purchases made with cash advances from an ATM or with a check that accesses your credit card account Credit Bureau Disputes:If you believe that an entry we have made do not qualify. on your credit bureau report is inaccurate or incomplete, please 3. You must not yet have fully paid for the purchase. contact the reporting agency directly or contact us at Card Services, P.O.Box 8803 Wilmington, DE 19899-8801. Please include your If all of the criteria above are met and you are still dissatisfied with name;your account number; the credit reporting agency where you the purchase, contact us in writing at: received the bureau report; a description of the error; and why you believe it is an error. We will promptly investigate, notify you of our Card Services findings, and send an update to the credit bureaus if warranted P.O.Box 8802 within.30 days. Wilmington, DE 19899-8802. While we investigate, the same rules apply to the disputed amount What To Do If You Think You Find A Mistake On Your Statement 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 If you think there is an error on your statement, write to us at: do not pay,we may report you as delinquent. Card Services Please refer to your Cardmember Agreement for additional P.O.Box 8802 information about the terms of your Account. Wilmington, DE 19899-8802. ©2013 Barclays Bank Delaware 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 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. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY i D- OF Fia_ t e:� OF s HE PROT.HO aOT; FF i�bh„s s t i ..; a �. f OFF' F F THE •EwRIFF 2011-1 AUG 19 AM 10= 20 CUMBERLAND COUNTY PENNSYLVANIA Barclays Bank Delaware vs. Case Number Wanda A Ray 2014-4570 SHERIFF'S RETURN OF SERVICE 08/11/2014 04:57 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint & Notice by "personally' handing a true copy to a person representing themselves to be the Defendant, to wit: Wanda A Ray at 3 Southwatch Lane, Silver Spring, Mechanicsburg, PA 17050. IE DIMARTLE, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, August 12, 2014 (c) CountySu to Shenf', T'eleosoft, irc. RONNY R ANDERSON, SHERIFF Our File No.: 376192 Apothaker Scian P.C. By: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff 2 J CO__�{{� V r; J V BARCLAYS BANK DELAWARE ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) vs. WANDA A RAY Plaintiff, Defendant. ) ) ) NO. 14-4570 CIVIL TERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. Apothaker Scian P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection erly F. Scian, ' squire