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Home My WebLink About09-7142 l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 09 VS. COMPLAINT IN CIVIL ACTION JUAN E MULLEN MARTA E MULLEN Defendants 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 07427029 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No JUAN E MULLEN MARTA E MULLEN Defendants 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. Defendants are adult individual(s) residing at the address listed below: JUAN E MULLEN 115 S LOCUST ST CAMP HILL, PA 17011 MARTA E MULLEN 115 S LOCUST ST CAMP HILL, PA 17011 3. Defendants applied for and received a credit card bearing the account number XXXXXXXXXXXX1704 . 4. Defendants made use of said credit card and has a current balance due of $14568.58 , as of April 14, 2009 . 5. Defendants are 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 28.990. per annum on the unpaid balance from April 14, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "111 and made a part hereof. 7.. Plaintiff avers that the Agreement between the parties provides that Defendants 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, Defendants have willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendants , JUAN E MULLEN AND MARTA E MULLEN jointly and severally , in the amount of $14568.58 with interest at the rate of 28.990% per annum from April 14, 2009 plus attorneys' fees of $125.00 and costs. James C. WELTMAN, 436 Sev Pittsb (412) 3 FAX: 0742711? EINBERG & REIS CO., L.P.A. h Avenue, Suite 1400 PA 15219 -7955 -338-7130 C A Pit KMJ This law firm is a debt collector attempVng to collect this debt for our client and any information obtained will be used for that purpose. CARD 31 SDSN6A01 0003954 JUAN MULLEN MARTA MULLEN 225 E ENID DR KEY BISCAYNE FL 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. 000001986450578532940000000000000000260800 Discover More Card Account Summary' Closing Date: July 31, 2007 page 1 of 1 . Account number ending in 170,4 Previous Balance $14,568.58 Payment Due Date August 30, 2007 Payments And Credits 14,568.58 Minimum Payment Due $2,608.00 Purchases + 0.00 Credit Limit $13,700.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $10,275.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance $0.00 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonme`Annivemary Available #o-Redeem- -.0.00 Date: June 2 How Can We Help p You? 1. Visit Discover.com to pay your bil for no cost, view our 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 301f service Please have your Discover Card available. options or to speak with a Customer Service Account Manager For TDD assistance for hearing see reverse side ( impaired) 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guaran tee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Jul 31 Jul 31 INTERNAL CHARGE-OFF $ -14,568.58 Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily B l Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE a ances Rates RATES RATES CHARGES CHARGES current billing period: 29 days Purchases $0 0.07942% 28.99% F 28.99% $0 none Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0 Balance Transfers $0 0.07942% 28.99% F 28.99% $0 $0 lrevious billing period: 30 days Purchases $0 0.07942% 28.99% F 28.99% $0 none $0.00 j $2,608.00 Payment Due Date August 30, 2007 ?- 33149-2207 t,\\\l Enter Amount Enclosed Below i Will your payment get to us on time? Pay your bill =and your payment can be made to your account on the same day. Visit Discover.com/payments today. PO BOX 6103 Ill 11111 11111 11 1111 11 1 1111 1 CAROL STREAM IL 60197-6103 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted 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 co 0 Lost or stolen eards. Report immediately! Call 1-800-847-2889. Z m BBllrm Rlghta 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 t, ction on your bill, write us on a se arate sheet of paper at Discover Card: PO Box 30421, Salt Lake City, UT 84130.0421, as soon as possible. We must hear from you no later than 60pdays. after we sent you the first bill on which the error or problem appeared. You can telephone us. but 8 doing so will not preserve your rights. In your etter, give us the following information: o *Your name and Account number, ro *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 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 question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. 8ppeeecW Rub for Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card, and y6u,have tried in good faith to correct the problem with the merchant, you 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 than $ 5Y0 and the purchase was made in your home state or wr hin 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 an enve cope 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 1-600-347.2683. You will need this statement and your bank account information. You must ensure that sufficient funds are available in your bank account and all 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 payment, 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 3683 or by mail at address listed in the previous paragraph. B 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 less 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 reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover Classic Card, Pty Box 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 pay your entire New Balance by making payments or receiving credits. However, we will provide the following ' race period.' If you paid the New Balance on your previous billing statement by the Payment Due Date shown on that statement and you pay Re New Balance by the Payment Due Date on this statement we will not impose Periodic Finance Charges on new purchases, that is, purchases Tlrst appearing on this statement Otherwise, you will receive a billing statement next month that includes Periodic Finance Charges on those new purchases.There is no grace period on balance transfers or cash advances. We sort your transactions into roups of purchases, cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. Tor 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 egory Average Daily Balance x number of days in the billing period x Daily Periodic Rate. (See the finance charge summary on your statement for the cat i amounts.) Then we add up the Periodic Finance Charges for each transaction category 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 average daily 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 Dairy Balance for each transaction categorryy by adding up all the daily balances in a billing period for a transaction categgorryy and dividingg the total 6 the number of days in the billing cycle. We compute the daily balance for each transaction category on each day by Tirst adding the Tollowin 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 daily balance; and by then subtracting any credits and payments that are applied against the balance of the transaction category on ttlat day. In calculating the daily balance for the previous billing period, we consider the "previous day's dairy balance" to have been zero on the first day of the billing period. If a transaction is posted to your Recount after the close of the billing period in which it occurs, we will lreat,the transaction as having occurred on the first day of the billing period in which it is posted to your Account All tees charged to. our Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee Finance Charges whr h are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added tome applicable balance transfer transaction category. When the special 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. 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 Ashley Kaltenbach (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'VI'A A i A A ci (Signatur WWR #07427029 JUAN E MULLEN 6011004521521704 Gg) FfL?i1-?c;E 7F OF ?` '-rAY Q9 0 C T 2: S2 g?g.sv CK'? 5f3ot?$? Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor a nor at Ci,10" f ry0 OFFI.:F. C--',c ?-ERIFF OF THE PROTHONDTARY 2009 OCT 27 AM 9: Of CUMBE-E=)A-40 COUNTY PENNSYLVANIA. Discover Bank vs. Marta E. Mullen Case Number 2009-7142 SHERIFF'S RETURN OF SERVICE 10/22/2009 09:21 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 22, 2009 at 2121 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Juan E. Mullen, by making known unto Mabel Larrougue, adult in charge, at 115 S. Locust Street, Shiremanstown, Cumberland County, Pennsylvania, 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/22/2009 09:21 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 22, 2009 at 2121 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Marta E. Mullen, by making known unto Mabel Larrougue, adult in charge, at 115 S. Locust Street, Shiremanstown, Cumberland County, Pennsylvania, 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $57.50 October 23, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deput Sherif