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Home My WebLink About09-6635IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintif f No : vs. COMPLAINT IN CIVIL ACTION LISA MARIE SHUTTY Defendant 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 07646281 C A Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No LISA MARIE SHUTTY 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: LISA MARIE SHUTTY 183 FAITH CIR CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4344 . 4. Defendant made use of said credit card and has a current balance due of $4389.28 , as of July 08, 2009 . 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 25.240% per annum on the unpaid balance from July 08, 2009 . A 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. 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 , LISA MARIE SHUTTY individually , in the amount of $4389.28 with interest at the rate of 25.2400 per annum from July 08, 2009 plus attorneys' fees of $125.00 , and costs. ro t,42524 WELTMANINBERG & REIS CO., L.P.A. James C)349SS 436 Sev Avenue, Suite 1400 Pittsb PA 15219 (412) FAX: 18-7130 0764 8 A Pit SJS This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. w?V Ve7._:` • 161% CARD 30 SDSN6A01 0004770 LISA SHUTTY 183 FAITH CIR CARLISLE PA 17013-8827 41Yv.uv- -- Enter Amount Enclosed Below - Payment Due Date July 29, 2009 e k 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. 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. PO BOX 6103 Illnrlln,nllrllurln?ll CAROL STREAM IL 60197-6103 1.1111111flill 1111 1111111111111 ill 111111161 11111111111111111 11 000001986458579497880000000000000000079000 Discover More Card Account Summary Closing Date: June 30, 2009 page 1 of 1 'Account number ending in 43,44 Previous Balance Payment Due Date July 29, 2009 Minimum Payment Due $790 00 Payments And Credits $4,389.28 4 389 28 . Credit Limit $5,000.00 Purchases Cash Advances , . + 0.00 Credit Available $0.00 Cash Credit Limit $2 500 00 Balance Transfers + 0.00 + 0.00 , . Cash Credit Available $0.00 New B ew 8 Charges alance + 000 = $0,00 C hb ® as ack Bonus O i C h pen ng as back Bonus Balance $ 0 00 New Cashback Bonus This Period . + 000 ;Cashback Bonus® Anniversary Cashback Bonus Balance $ 0.00 Date: December 12 How Can We Help You? 1 • Visit Discoveacom to pay your bill for no cost i 'It's your choice - 3 ways to help , v ew your latest Account information, earn and redeem rewards and more 2. Call 1-800-DISCOVER (347-2683) for fa t lf Please have your Discover Card available. s , easy se service options or to speak with a Customer Service Account Mana er For TDD (assistance for hearing impaired) sea reverse side 3. Write us at Discover Card, PO Box 30943 g , Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use ou Di Trans. Post y r scover Card with confidence. Date Date Payments and Credits Jun 30 Jun 30 INTERNAL CHARGE-OFF $ -4,389.28 Finance Charge Summary Average Daily Daily dic R Nominal ANNUAL PERCENTAGE ANNUAL PERCENTAGE Transaction Periodic Fee Bal ances te RATE RATES C A ACHARG S G S current billing period: 18 days H CEI CHAR E Purchases $0 Cash Advances $0 0.06915% 25.24% V 25.24% $0 $0 The rates that apply to our Acc t h 0.06915% 25.24% V 25.24% $0 $0 y oun are eit er fixed (F) or they may vary (V) as n oted above. Important Information. 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 0 Lost or stolen cards. Report immediately! Call 1-800-347-2683. rn Z M Billing Rights Summary. In Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a o transaction on your bill, write to us on a separate sheet of papar at Discover Card: PO Box 30421, Salt Lake City, UT 84130-0421, as soon as possible. We must hear from you no later than 60 day: after we sent you the first bill on which the error or problem appeared. You can telephone us, but $ doing so will not preserve your rights. In your letter, give us the following information o .Your name and Account number. w .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 about x You do not have to pay any amount m question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Speelai Rule for Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, u may not have to pay the remaining amount due on the goods or services You have this protection only when the purchase price was more y0 han $50 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 address or if you use art envelope other than the one provided. Payments received on or after 1 PM Monday through Friday or on a weekend or bank holiday will be posted to your Account as of the next business day. If you have misplaced your envelope, send your payment to Discover Bank, 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 minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1-800-347-2663. You will need this statement and yyour bank account information. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. You will be asked to provide the first 5 digits of your account statement zip code. By entering 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 from your bank account, and to initiate debit or credit entries to your bank account, as applicable, to correct an error in the processing of such payment You must tell us the amount of each payment, or you can select an amount such as the Minimum Payment Due or the New Balance on each statement You can cancel a payyment, however we must receive notice at least three business days in advance of the scheduled payment. You may notify us by phone at 1-800-347-2663 or by mail at address listed in the previous paragraph. 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 monthly statement based 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 retortingg agencies each month. If you believe that our report is inaccurate or incomplete please write us at tfie following address: Discover Card, PO B x 15316, Wilmington, DE 19850.5316. 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 statement, we will not impose Periodic Finance Charges on new purchases, that is purchases first appearing on the current statement. We call this the grace period. Otherwise, you will receive a billing statement next month that includes Periodic appearing Charges on those new purchases. There is no 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 separate groups. We refer to these groups as transaction categories At the end of each billing period, we compute balances and Periodic Finance Charges for each day of the billing period for each transaction category We use the following equation to compute Periodic Finance Charges for each transaction category: Average Daily Balance x number of days in the billin period x aily Periodic Rate. (You may refer to the finance charge summary on your billing statement for these amounts.) Then we add up the?eriodic Finance Charges for each transaction ca cry to get the total Periodic Finance Charges for your Account The Average Daily Balance is shown as zero if, because of the grace period, no Periodic Finance Charges apply to the balance in a transaction category. We use the two-cycle daily 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 Payment Due Date shown on that statement, we will impose Periodic Finance Charges on new purchases that first appeared on that billing statement, as well as new purchases that first 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 Daily Balance for each transaction categoryy by adding up all the daily balances in a billing period for a transaction category and dividing the total by the number of days in the billing cycle We compute the daily balance for each transaction category on each day byTust adding the following to the previous day's daily balance: transactions made that day, fees charged that day and Periodic Finance Charges accrued on the previous day's dairy balance: and by then subtracting any credits and payments that are applied against the balance of the transaction category on that day. In calculating the daily balance for the first day of the billing period, we consider the ' previous day's balance" to have been your balance for each transaction category on the last day of your previous billing period. If a transaction is posted to your Account after the close of the billing period in which it occurs, we will treat the transaction as having occurred on the first day of the billing period in which it is posted to your Account All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to the applicable balance transfer transaction category. When a special balance transfer rate expires, we move the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges to the standard purchase transaction category. However, if the special rate has been terminated under the Default Rate Plan, we leave the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges in the applicable transaction category until the special rate would have expired. For TOO (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. 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 Nicole Rose (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. i i r ( ignature) WWR# 7646281 Lisa M. Shutty '6011002450364344 FILED-4-', CE OF THE: P0 mHION4TARY 2009 OCT -6 AM 8: 45 curli r :j ` ?? NTY PEEN -4,WIA/-V 1b *'7$.5o Pa A'YW ex`f q 8(0ol Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor FILED-l-'; ?riCE OF THE O?,.^7Pk-?',}?,TARY f ; ' ' Discover Bank vs. Lisa Marie Shutty 2049 OCT 15 A 9: 09 N-SYMNA Case Number 2009-6635 SHERIFF'S RETURN OF SERVICE 10/12/2009 10:04 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2009 at 1004 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lisa Marie Shutty, by making known unto herself personally, at 183 Faith Circle Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 October 13, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF BY D$ ty Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-6635 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From LISA MARIE SHUTTY, 140 E. MAIN STREET, STRASBURG, PA 17579 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M&T BANK, 1 WEST HIGH STREET, CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,475.62 L.L.$.50 Interest $487.73 Atty's Comm % Due Prothy $2.25 Atty Paid $157.00 Other Costs Plaintiff Paid Date: 2/27/12 David D. Buell, Prothonotary (Sea!) a?21? 5v/ Deputy REQUESTING PARTY: Name WIILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff V4. Civil Action No. 09-6695-CIVIL-TERM LISA MARIE SHUTTY? 1 (4 D ` iy' 5? 1 `S79 Defendant(s) c M & T BANK 1 uJgS? V?-'9 ti S+, ?? liSl?, Pq-11013 Garnishce(s) TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against LISA MARIE SHUTTY , Defendant 3. against M & T BANK... Garnishee 4. Judgment Amount Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): -a M03 =M f- <CD AC-1) 2p sv ?n -g c4• c•_- C $ $5,060.62 $ $2,585.00_a-?5. ylOa I $ $487.73 S $2,963.35 WELTMAN, WEINBERG & REIS CO., L.P.A. ?3. oo t! BF ? (q CO a sc•"• By: ??? William T. Molczan, Esqu? PA I.D. #47437 WELTMAN, WEINBERG & RE.IS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 " -?') , 9. .4 D, Ck-? 1a3?? acs WWR No. 7646281 ?3(' - 0? 81C Tssvc?-'[ 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintil vs. LISA MARIE SHUTTY Defendant(s) M & T BANK Garnishee(s) No. 09-6635-CIVIL-TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL, OF RECORD OF THIS PARTY: William T. Molcian, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7646251 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire Attorney for Plaintiff(s) I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7646281 DISCOVER BANK VS. LISA MARIE SHUTTY and M&T BANK Garnishee(s) Cumberland County Court of Common Pleas NO. 09-6635-CIVIL-TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: r'rl c m m -70 E q C'n j rV > ?- Kindly marked the above matter discontinued and ended as to Garnishee(s), M&T BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Jame Warmbrodt, Atto e for Plaintiff I hereby certify that the foregoing is a true and correct stater This statement is made subject to the penalties of 18 Pa.C.S. above case. to unswom falsifications to authorities. X4.50 PO Arr/ 6* loy01t01(,9 E* - - 5^7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY A Anderson y S Smith Fief Deputy r? AM S, 4 ! •:0,;f APB? '0 r- -1 Aichard W Stewart Solicitor t'c # SY` uA H I A Discover Bank vs. Lisa Marie Shutty Case Number 2009-6635 SHERIFF'S RETURN OF SERVICE 03/07/2012 10:01 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 7, 2012 at 0950 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Lisa Marie Shutty, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Yvette Shughart, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 8, 2012 to Lisa Marie Shutty at 140 E Main Street, Strasburg, PA 17579. 04/04/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $94.50 SO ANSWERS, April 04, 2012 RON R ANDERSON, SHERIFF l! 7'liie Fe `f. Te.Posoft Illc WELTMAN, WEINBERG & REIS,CO., L.P.A. BY: William T. Molczan,47437 I.D. No. 47437 436 7th Ave Ste 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412 - 338 -7130 File # 07646281 C A Pit SJS Attorney for Plaintiff(s) DISCOVER BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. LISA MARIE SHUTTY CASE NO. 09- 6635 - CIVIL -TERM PRAECIPE TO SATISFY TO THE PROTHONTARY: 1-11 rn r- 3:11 - -i eth cni c::7) cos c_ UT-' Kindly mark the case and judgment entered against Defendant LISA MARIE SHUTTY as satisfied. WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. Molcz Attorney for Pla tiff