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Home My WebLink About09-3553IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MARILYN B LEISHER Defendant No. CP( - 3553 0-;va -ter h COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7390140 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MARILYN B LEISHER Defendant Civil Action No. O q- 3 ss 3 COMPLAINT IN CIVIL ACTION 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054-0000. 2. Defendant is an adult individual residing at 239 NEWBURG RD, NEWBURG,PA 17240. 3. Defendant applied for and received a credit card issued by Plaintiff's bearing the account number XXXXXXXXXXXX3104. 4. Defendants made use of said credit card and has currently a balance due and owing to Plaintiff, as of MAY 13, 2009, in the amount of $6,923.26. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $1,000.00. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, MARILYN B LEISHER individually, in the amount of $6,923.26 with continuing interest thereon at the statutory rate of 6% per annum from MAY 13, 2009 plus $1,000.00 in attorneys' fees and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. W brodt, Esquire PA I.D. #42 WELTM EINBERG & REIS CO., L.P.A. 1400 Ko s Building 436 Sev Avenue Pittsbur , PA 15219 (412) 4-7955 WWR#:7390140 vs.P%0'., ,, T ti_n% CARD $7,101.26 ! $717.00 Payment Due Date April 1, 2009 02 SDSN6A01 0001972 MARILYN LEISHER 239 NEWBURG RD NEWBURG PA 17240-9212 Enter Amoun+ Encloses Below Please make check payabie to Discover Card. You are overlim it. Pay the sum of the monthly minimum payment plus the overlimit amount of $501.26. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the same day. Visit Discover.com/payments today. PO BOX 71084 111 111111 It III IIIIIIIII III CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. 000001986458224499117071012600000000071700 Discover More Card Account Summary Closing Date: March 2, 2009 page 1 of 1 Account number ending in 310,4 Previous Balance $6,863.60 Payment Due Date April 1, 2009 Payments And Credits 0.00 Minimum Payment Due $717.00 Purchases + 78.00 Credit Limit $6,600.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $3,300.00 Finance Charges + 159.66 Cash Credit Available $0.00 New Balance = $7,101.26 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Cashback Bonus® Opening Cashback Bonus Balance $ 58.98 New Cashback Bonus Earned + 0.00 Redemptions This Period 58.98 Cashback Bonusi& Anniversary- - - -Cashback Bonus- Balanw - - - - - - - - ?- - - - - - 0,00- . - - Darts: May 2 Available to Redeem $ 0.00 How Can We Help You? 1 • Visit Dfscover.com to pay your bdI for no cost, view your latest Account information, earn and redeem rewards and more our choice - 3 ways to help It's 2. Call 1.800-DISCOVER (347.2683) for fast, easy self-service y options or to speak with a Customer Service Account Manager Please have your Discover Card available. 3. Write us at Discover Card, PO Box 30943 EXHIBIT For TDD (assistance for hearing impaired) see reverse side , Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Other/Miscellaneous Mar 2 Mar 2 OVERLIMIT FEE $ 39.00 Mar 2 Mar 2 LATE FEE 39.00 Information For You * * * ATTENTION * * * Your account is seriously past due. Payment of the amount due and arrangements For future payments should be made immediately. ------ --------- Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balance s Rates RATES RATES CHARGES CHARGES current billing period: 28 days Purchases $6940.28 0.08216% 29.99% F 29.99% $159.66 none Cash Advances $0 0.08216% 29.99% F 29.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Important Informiatfon. If there is more than one page to this billing statement see the back of each page for additional important information. See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account Lost or stolen cards. Report Immediately! Call 1-800.947-2589. ° Z2 8ftV Rights S urnritary. In Case of Errors or Questions About Your Bill: transact If YYou think your bill is wronG or if You need more information about a o ion on Your bill, write to us on a se orate sheet of paper at Discover s til tladon which ; PO Bdx tt30 421. Salt LalieeCiit . UT 84130-0421, as soon as possible. c We must will no Tro later than 60 lays. after we sent you the p ppeared. You can telephone us, but o 9 preserve rights. In your tter, give us the following information: :Your name and Account number. :The dollar amount of the suspected error. :Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure N X You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in V question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. SPA Rule Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card, and you tried in good faith to correct the problem with the merchant you may not have to y the remaining amount due on the podds or services. You havthis protection only when the purchase price was more than S50 and the purchase was made in your home state or within 100 miles of your mailing address. (if we own or operate the merchant or if we mailed you the advertisement for the goods or services, all purchases are covered regardless of the amount or location of purchase.) 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 an 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 a res oyr if Yoheuse- an envlellope-other- than ihe one provided-fayments received-on or after 1-PM Monday throegh- Friday-or-on a weekend Bankr bank PO Box 6103, Carol posttred t r 60197 unt as of the allow 7 mess day. If you have misplaced your envelope, send your payment to Discover resubmit it as an electronic debit days for delivery If your payment is returned unpaid, we reserve the right to You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1-800-347.2683. You will need this statement and your bank account information. You must ensure that sufficient funds are available in your bank account and all nuansactions must coompl with tth U.S. law. You will be asked to provide the first 5 digits of your account statement zip code. By entering those a' yo ur signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize from yyoour bank account and to initiate debit or credit entries to your bank account as applicable to correct an error'in the processing of such paymi#nt You must tell us the amount of each payment or you can elect an amount such as the AAinimum Payment Due or the New Balance on each statement You can cancel a payment however we must receive notice at least Nree business days in advance of the scheduled payment. You may notify us by phone at 1-800.347-3683 or by mail at address list ed in the previous paragpraph. 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. Your Automatic payment amount may be lass than indicated on the monthty statement bard on credits or payments applied during the billing cycle. 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 tfie following address: Discover Card, PO Box 15316, Wilmington, DE 19650-5316. Please include your name, address, home telephone number and Account number. PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to your Account until the date you pa your entire New Balance, by making payments or receiving credits. However, if you paid the New Balance on your previous billing statement by the Payment Due Date shown on that statement and you pay 'the New Balance by the Payment Due Date on your current billing the ter nt we will not impose Periodic Finance Charges on new purchases that is, purchases first appearing on the current statement We call this no riod. Otherwise, You will receive a billing statement next month that includes Periodic appearing Charges on those new purchases. There grace period on balance transfers or cash advances. We sort your transactions into groups of purchases cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. For example, purchases subject to a promotional rate and purchases subject to a standard rate would be se rate groups. We refer to these groups as transaction categories. At the end of each billing period, we compute balances and Periodic Finance Charges or each day-of the. billing penod_for-each _transaction-category : _itle.use.the..followrng-equation to compute Periodic -Fanence_Charges for each transaction category. AveraOe Dar N Balance x number of days in the billing period x Daily Periodic Rate. (You may refer to the finance charge Pert dac F nonce rCharng staart8ment for these amounts.) Then we add up the Periodic Finance Charges for each transaction categgory to get the total apply to the balance in ges a transaction cattegoryhe Average Dairy Balance is shown as zero if, because of the grace period, no Periodic Finance Charges We use the two-cycle dairy average balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. This means if you did not pay the New Balance shown on the billing statement you received during the previous billing period by the as well as w purcases that ayment Due Date shown on that statement we will impose Periodic Finance Charges on new purchases that first appeared on that boiling statement P appear on the current billing statement unless we already imposed Periodic Finance Charges on the purchases on your previous billing statement We compute the Average Dairy Balance for each transaction categorryy by adding up all the daily balances in a billing period for a transaction category and dividingg the total by the number of days in the billing cycle. We compute the dalN balance for each transaction category on each day byTirs3 adding theT.ollowing to the previous day's dally balance: transactions made that day, fees charged that day and Periodic Finance Charges accrued on the previous day's daily balance; and by then subtracting any credits and payments that are applied against the balance of the transaction categorryy on that day. In calculating the daily balance for the first day of the billin p period, we consider the previous day's balance" to have been your toebab Ice for each transaction category on the last day of your previous billing period. If a transaction is posted to your Account after the close your Account period in which it occurs, we will treat the ansaction as having occurred on the first day of the billing period in which it is posted to All fees char ed to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee Finance Cha es which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to he apdplicable balance transfer transaction category. When a special balance transfer rate expires, we move the unpaid balance of the Ian sate has been terminated under therDefault Rate Plannwe leaFveathe unppaaid balance osfathearbdalanceptransfer and the category. ce Tran fer TiansactioneFee Finance Charges in the applicable transaction category until the special rate would have expired. ...i....... --- _-° • --- - •- - • - For TOO (Telecorarnrrdcatlens Device for the 1300#1 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that she is Jennifer Noble (Name) Accounts Manager of DFS Services LLC , plaintiff herein, that (Title) (Company) 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. --?Or-ep (Si tore) WWR# 7390140 Marilyn B. Leisher '6011002180763104 0 TI '7 t Li?U:? i•i,f I ( ? ??.. t ? ? ? dr ?;y $'78.50 PQ A7rY cer *m (o ag3 e* aa59oq Sheriffs Office of Cumberland County R Thomas Kline of clt#1+6rr?a Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy s) CE '"E s-ERJFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/03/2009 04:01 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 3, 2009 at 1601 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Marilyn B. Leisher, by making known unto Madly B. Leisher, personally, at 239 Newbury Road, Newburg, Cumberland County, Pennsylvania, 170240 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $46.00 SO ANSWERS, June 04, 2009 f 0000-'Q?? R THOMAS KLINE, SHERIFF DetfaW Sheriff 2009-3553 Discover Bank v Marilyn Leisher ra tm, Mi' , c- C= -. - 1 r 2 ('rj+: i - tfJ ?_' < ? CO CZ ko ? 0 Douglas C. Lovelace, Jr., Esquire Attorney Identification Number. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 DISCOVER BANK Plaintiff V. MARILYN B. LEISHER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW NO. 09-3553 Defendant NOTICE TO PLEAD To: DISCOVER BANK, through its attorney, James C. Warmbrodt, Esquire, Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 Seventh Avenue, Pittsburgh, Pennsylvania, 15219. You are hereby notified to plead to the within New Matter, within twenty days from service hereof, or a default judgment may be entered against you Vey respectfully, ?Qr (to W r Date: June 23, 2009 DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Defendant Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 DISCOVER BANK Plaintiff V. MARILYN B. LEISHER Defendant : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - IN LAW NO. 09-3553 ANT'S ANSWER TO PLADMFF'S COMPLAINT WITH NEW MATTER AND NOW, June 23, 2009, Defendant, by her attorney, Douglas C. Lovelace, Jr., files this Answer with New Matter to Plaintiff's Complaint and avers as follows: ANSWER 1. Denied After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. 2. Admitted. 3. Denied. Defendant did not apply for and receive a credit card issued by Plaintiff bearing the account number 104. 4. Denied. Defendant denies owing Plaintiff a balance of $6,923.26 as of May 13, 2009. 5. Denied Defendant denies having agreed to any terms of the cardholder Agreement alleged by Plaintiff. 6. Denied. Defendant denies having agreed to any terms of the cardholder Agreement alleged by Plaintiff. By way of further answer, Defendant specifically denies agreeing to pay Plaintiff s attorney fees. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. 8. Denied. Defendant has not willfully failed and/or refused to pay the principal balance, finance charges, or any part thereof of any debt Defendant owes Plaintiff. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice, assess all costs against Plaintiff, and grant such other relief as the Court deems just and proper. NEW MATTER 9. Plaintiff's Complaint fails to state a cause of action, upon which relief may be granted. 10. Defendant and Plaintiff agreed to a payment plan to be effected through Consumer Credit Counseling Services. 11. Defendant made payment to Plaintiff through Consumer Credit Counseling Services and Plaintiff accepted such payment subsequent to May 13, 2009. 12. Notwithstanding its acceptance of Defendant's payment through Consumer Credit Counseling Services, Plaintiff initiated this legal action against Defendant, thereby breaching its payment plan agreement with Defendant. 2 13. Plaintiffs breach of the aforesaid payment plan agreement it entered into with Defendant, relieved the Defendant of any fu they responsibility to fulfill her responsibilities under the payment plan agreement. 14. Defendant did not agree to any terms of nor enter into any cardholder agreement with Plaintiff. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice, assess all costs against PlamtiJX and grant such other relief as the Court deems just and proper. Respectfully submitted, Dated: June 23, 2009 fir. 7&w. Douglas C. Lovelace, Jr., Esq. Attorney Identification Number: 83889 36 Donegal Drive Carlisle, Pennsylvania 17013 (717) 385-1866 Attorney for Defendant 3 DISCOVER BANK Plaintiff V. MARILYN B. LEISBER Defendant : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - IN LAW NO. 09-3553 VERIFICATION The undersigned does hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unworn falsification to authorities, that the facts and circumstances set forth in the foregoing Answer with New Matter are true and correct to the best of her knowledge, information, and belief. Date: June 23, 2009 Marilyn B. Leisure Defendant r r F T _ r .•, i Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 DISCOVER BANK MARILYN B. LEISHER To The Prothonotary: Plaintiff V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW : NO. 09-3553 PRAECIPE TO ENTER APPEARANCE Kindly enter my appearance as attorney for the Defendant in the above captioned matter. Date: February 8, 2008 4 n ? k ct t - ??-' wr DOUGLAS C. LOVELACE, JR., Esquire Attorney for Defendant '- 7?'?+' i ?, ?,.. ???t`?` s , .. •% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, CIVIL DIVISION Plaintiff, NO: 09-3553 V. MARILYN B. LEISHER, PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Lyndsay E. Rowland, Esquire Pa. I.D. # 205520 WELTMAN, WEINBERG, & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 WWR# 7390140 ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, CIVIL DIVISION Plaintiff, NO: 09-3553 V. MARILYN B. LEISHER, Defendant. PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, Discover Bank, by and through its counsel, Weltman, Weinberg, & Reis Co., L.P.A., and files the following Reply to Defendant's New Matter, averring as follows: NEW MATTER 9. Paragraph 9 is a conclusion of law to which no response is required. 10. Denied. Plaintiff is without enough information to form a belief as to the truth or falsity of this allegation. 11. Admitted in part and denied in part. It is admitted that an agent for the Plaintiff received a payment in May 2009. However, it is denied that the said payment came from Consumer Credit Counseling as Plaintiff has no record of dealings with that company. 12. Denied. Plaintiff has not entered into a formal payment arrangement with Defendant or Defendant's agent and as such instituted the within action. A- ft 13. Denied. Plaintiff has not entered into a formal payment arrangement with Defendant or Defendant's agent and as such instituted the within action. 14. Paragraph 14 is a conclusion of law to which no response is required. WHEREFORE, Plaintiff respectfully requests that this Honorable Court find in favor of the Plaintiff and against the Defendant. WELTMAN, WEINBERG, & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 WWR# 7390140 Respectfully Submitted, 1 ..,r CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Reply to Defendant's New Matter has been sent to the following parties by first class, U.S. Mail, postage prepaid, this ?? day o , 2009, as follows: Douglas C. Lovelace, Jr. Esquire 36 Donegal Drive Carlisle, Pa 17013 WELTMAN, WEINBERG, & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 WWR# 7390140 FIDE r L G.. n r,.Ar3Y ' THE 2100 .' '_ 1 ""i I° ii 2 WELTMAN, WEINBERG & REIS, CO. , L.P.A. BY: Ashley L. Sweeney, 313667 Attorney for Plaintiff (s) I .D. No. 313667 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 FAX: 412-338-7130 File # 07390140 C A Pit SJS DISCOVER BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs . MARILYN B LEISHER CASE NO. 09-3553 CIVIL TERM C) r rt co CD ---, PRAECIPE TO SATISFY c1's 7- CD C- C) CO TO THE PROTHONTARY: --f co) 17,,, CO Kindly mark the case and judgment entered against Defendant MARILYN B LEISHER as satisfied. WELTMAN, WEINBERG & REIS CO. , L. P.A. By t� � a �:/ Ash e f .Swe i er , Attorney for 1r ai iff out ttiaq. so Pa et,N /13aoyi aq tO4 31