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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: IO' (a??0 ?J?Vi I-rem
VS.
COMPLAINT IN CIVIL ACTION
CHARLOTTE L MARKLEY
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
08544093 C A Pit CXC
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No
CHARLOTTE L MARKLEY
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:
CHARLOTTE L MARKLEY
20 MAIZEFIELD DR
SHIPPENSBURG, PA 17257
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX8369 .
4. Defendant made use of said credit card and has a current balance
due of $7082.50 , as of July 08, 2010 .
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
28.990% per annum on the unpaid balance from July 08, 2010 . A copy of
Plaintiff's Statement is attached hereto, marked as Exhibit "1" 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 , CHARLOTTE L MARKLEY individually , in the amount
of $7082.50 with interest at the rate of 28.990% per annum from July
08, 2010 plus attorneys' fees of $125.00 , and costs.
James Wa ro t,42524
WELT WEINBERG & REIS CO., L.P.A.
436 S v nth Avenue, Suite 1400
Pitt ugh, PA 15219
(412 4 4-7955
FAX: 4 -338-7130
085 40 3 C A Pit CXC
This law firm is a debt collector atte p ing to collect this debt for
our client and any information obtain will be used for that purpose.
•-
New Balance Minimum Payment Due Account Number ending in 8369
DISCOVER $0.00 $1,464.00 Enter Amount Enclosed Below
Payment Due Date
July 25, 2010
30 SDSN6A01 0005326
CHARLOTTE MARKLEY Go paperless and make your account
information more secure with password-
20 MA I Z E F I E L D DR pprotected statements only you can access.
SHIPPENSBURG PA 17257-8854 Leammore atdiscover.corNpaperfess.
RAHN
I PO BOX 6103 IllIs rllnnrlbllesrl11111
CAROL STREAM IL 60197-6103
Address, amailortele honecha eR IJllr?lrititr?llt?rJrrrlillriirnl?llrnnrr?lil?rrriJlnnliill
Go to www.Discover.com angs to space above.
000001986458500621103000000000000000146400
vpening vats; June ZV, 2U IU - closing Date: June 3(
1 Discover More Card Account Summary Account number ending in 8369
Previous Balance $7,082.50
Payments And Credits 7,082.50
Purchases + 000
Balance Transfers + 0.00
Cash Advances + 0.00
Interest Charged + 0.00
Fees Chaar + 0.00
New Balance 0.00
See Interest Charge Calculation section Following
transactions For detailed APR information
Credit Line $5,500.00
Credit Line Available $0.00
Cash Advance Credit Line $0.00
Cash Advance Credit Line Available $0.00
Anniversary Month
October
Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus This Period + 0.00
Cashback Bonus Balance $ 0.00
To learn more, log in at www.Discover.com and select Rewards
1, 2010
Payment Information
New Balance $0,00
Minimum Payment Due $1,464.00
Payment Due Date July 25, 2010
Late Payment Warning: If we do not receive your minimum
payment by the data listed above, you may have to pay a kite
Fee of up to $39.00 and your purchase APRs for new
transactions may be increased up to the Penalty APR of
29.99% variable.
Manage Your Account Online at www.Diseavor.com
• Securely access statements and Free online tools, pay bills
online and track and view all transactions simply and easily
• Make your money worth morel-Find easy ways to earn
and redeem cash rewards
• NEW Access your account securely through your
mobile phone
3 Easy Ways to Contact Us
1. Access your account securely of www.Discover.com
2. Coll 1-800-DISCOVER (1.8006347-2683)
Please have your Discover® card available.
3. Write to us at Discover, PO Box 30943,
Salt Lake City, UT 84130
For TDD (Telecommunications Device for the Deal)
assistance, please call 1-800.347-7449.
Transactions
Trans. Post
Date Date
Payments and Credits Jun 30 Jun 30 INTERNAL CHARGE-OFF $ .7,082.50
Fees TOTAL FEES FOR THIS PERIOD $ 0.00
Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00
2010 Totals Year-to-Date
TOTAL FEES CHARGED IN 2010 $ 273.00
TOTAL INTEREST CHARGED IN 2010 933.15
49gt3Chorge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Current Billing Period: 11 days ANNUAL PERCENTAGE BALANCE SUBJECT TO
RATE (APR) INTEREST RATE INTEREST CHARGE
Purchases 28.99% $0 $0
Cash Advances 28.99% $0 $0
V - Variable Rate
Additional important information
Important Information. II there is more than one page to this billing statement, see the back of each page For additional important information
Continued on reverse side. DISC` EIZ
See your Cordmember Agreement. Your Cardmamber Agreement contains all the terms of your Account
Lost or stolen cards. Report Immediatelyl Call,] .800-347-2683.
What To Do if You Think You Find A Missake On Your Statement
If you think there is an error on your statement, write to us at Discover, PO Box 30421, Salt Lake ON, UT 8413P042I
In your letter, give us the following information
r Account informoton: Your name and account number
Donor amount: The dollar amount of the suspected error
Description of Problem- If you think there 4 an error on your bill, describe what you belie?,e is wrong and why you believe it is a mistake
You must contact us within 60 days after the error appeared on you. statement !
You must notify us of any potential errors in writing. You may call us, but if you do we are not requires' to investigate any potential errors and you may have to
pay the amount in question
While we investigate whether or not share has been on error, the following ate hue
We cannot try to collect the amount in question, nr report you as delinquent on that amount
The charge in question may remain on your statement, and we may continue to charge you inte-ae nc t6n1 amount But, if we determine that we made a
mistake, you will not hove to pay the amount ,n question or any interest or other fees related to t'wt amount
While you do not have to pay the amount in auestion, you are responsible for the remainder o` your bvnnce
We can apply any unpaid amount against yovr credit limit
Your Rights If You A. a Dissatisfied With Your Credit Cora Purchases
if you are dissatisfied with the goods or services that you how purchased with your credit card, one you dove hied in good loith to correct the
problem with the merchant, you may have the right not to pay the remaining amount due on IFe purchr se
To use this right, all of the following must be true
I The purchase muss have been made in your home state or within l00 miles of your current mad:ng address, and the purchase price must have
been more than $50 (Note: Neither of the. are necessary fl your purchase was based on on ccivertisemeni we mailed to you , or if we own
the company that sold you the goods or services )
2 You must have used your credit card for the ourchase Purchosw mode wish cash advances I-,, on ATM o with a check that accesses your
credit card account do not qualify
3 You must not yet have fully paid for the purchase
II all of the criterhn obove are met and you are still dissatisfied with the purchase, contact us in writing at Discover, PO Box 30945, Tn
Salt Lake City, UT 84130-0945 a
While we investigate, the same rules apply lathe disputed amount as discussed oboe After we firish our investigation, we will fell you our Z
decision At that point, if we think you owe cn amount and you do not pay we may report you rns delinquent D
Payments, Send only your payment and the top portion of this statement in the envelope provided Dc rot send cash By sending your check as described o
you
authorize us louse information on your check to make an electronic fund transfer from your account at the financial institution indicated on your
g
check or to process the pa ant 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 6e withdrawn Ironi your account as soon as the someday 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 vnlh yosr payment, if you send the payment to any other
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ayments receive
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address or if you use an envelope other than the one provi
be credited to your Account as of that day Payments received at our processing facility oiler 5PM local time will be credited to your Account as of the next ui
day if you have misplaced your envelope, send your payment to Discover, PO Box 6103, Carol Stream, !160197-6103 Please allow 7-10 days for delivery
if your payment is returned unpaid, we reserve the right b resubmit a as on electronic debil
You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Coll us at I8000.347-2683 You will
need this statement and your bank account information You must ensure that sufficient funds are avoilcble 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 coae By entering those numbers as your electronic
signature, you will be agreeing Io this authorization to allow us and your dank to deduct each pa ment you authorize from your bank account, and to iniliate
debit or credit entries so your bank account, as applicable, to correct on error in the processing al 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 1-800-347.2683 or by mail at the address listed in the
vious paragraph If your payments vary in amount, we will tell you on each monthly statement whet your payment will be made and how much it will be
QZ
r automatic payment amount may be less than indicated on the monthly statement based on credits or payments applied during the billing cycle
Credb Reporling. We may report information about your Account to credit bureaus Late paymenh, missed payments, or other defaults on your Account
maybe reflected in your credit report We normally report the status and payment history of our Account to credit reporting agencies each month IF you
DE 19850.5316 Please
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Discover
PC; Box 15316
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indicate your name, address, home telephone number and Acceuat number
Paying Interest. We begin to impose interest Charges on all harooci,ons from the Transaction Date for the transaction shown on your billing statement
unless a transaction is posted to your Account after the close of the billing period in which it occurs, in which case we begin to impose interest charges on that
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is not less than 25 days. There is no grace period on balance lronsfe•s or cash advances As more fully described in the section of your Cardmember
Agreement titled "How We Apply Payments," we generally apply payments to your Account based on the APR applicable to the balance of each transaction
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category This means that if you do not pay the New Balance on the current billing statement by the Payment Due Date s
depending on the amount of your payment and the APRs on other balances, you may not gel a Brace per ad on new purchases
Minimum Interest Charge. We will charge you a minimum Inlmest Charge of; 50 for any billing period in which interest Charges of less than $ 50
would oturwtse be imposed
Annual Fee. II you; Account has an annual fee, it will be billed at the beginning of each anniversary veer your Account is open The amount of the fee
appears on the statement when the fee is billed The annual fee is not refundable unless you notify us rhut you wish to close your Account within 30 days of the
matting or delivery dole of the statement an which the fee is billed You will receive this refund even if you use your Cord during that period
Now We Calculate Interest Charges - Dally Balance Method (including current transactions;: We figure Interest Charges for each billing
period To do this
We calculate your Interest Charges separately for each balance subject to different terms (for example, standard purchases, standard cash
advances and each purchase, balance transfer and cash advance balance subject to promotional terms) We refer to these balances as
transaction categories
We Figure the "daily balance` for each transaction category To get the "daily balance" we sake she beginningg balance for each day, add any
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new transactions and fees and any Interest Charges accrued on the previous day
make other adlumments (including those adNstments required in the section litled'Paying Interest') In calculating the daily balance for the first
day of the billing period, we consider the "provrous day's doily balance" to have been you- balance on the last day of your previous billing
period This gives us the dally balance for each transaction category
We figure the interest Charges on your Account by multiplying the daily balance for each transaction category by its daily periodic rate, for each
day in the billing period
The total Interest Charges for rho billing period are she sum of the daily Interest Charges fat ea:h transaction category for each day during that
billing period
When we calculate daily balances, we add a new transaction as of the Transaction Date shown on your billing statement, unless the ronsaction Is posted to
yyor Account after the close of the billing period in which it occurs, in which case the transaction will be added to the daily balance as of the first day of the
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Folbf/tMCtwfrsey Fee: 2% of the U S dollar amount of earn purchase made in a loreign currency
Penalty APRs: Each time you fail to make a payment when due, we may, in accordance with applicable law, O terminate the availability of any
introductory/promotional APRs on new transactions, and (if) increase your APRs for now transactions to variable Pniolty APRs which will be determined by adding
up loan additional 5 percentage points to the otherwise applicable APR Your Penalty APR is determir,ed based on your creditworthiness and other factors such
as your current APRs, and your account history If your APRs for new transactions are increased for a late payn.ent, the Penalty APRs will apply indefinitely
For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800.347-7445.
Discover may monitor and/or record telephone :.ails between you and Discover representatives for quality assurance purposes
The Discover(1) card is issued by Discover Bank, Member FDIC OITBK 172
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to
unsworn falsifications to authorities, that he is James Ball
(Name)
Team Leader of DFS Services LLC , plaintiff herein, that
(Title) (Company)
he 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 his knowledge, information and belief.
WWR# 8544093
Charlotte L. Markley
6011002489658369
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL DIVISION
DISCOVER BANK
Plaintiff
vs.
CHARLOTTE L MARKLEY
Defendant(s)
No. 10-6110 CNIL TERM
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin R Bibler, Esquire
PA I.D. #93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412)434-7955
WWR#8544093 DFO
IlV THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 10-6110 CIVIL TERM
CHARLOTTE L MARKLEY
Defendant(s)
PRAECIPE TO SETTLE. DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
TO THE PROTHONOTARY OF Cumberland COUNTY:
SIR:
Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records
of the Court and mark the costs paid.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
PA LD. 9359
WEL AN, INBERG & REIS CO., L.P.A.
1400 Ko s Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412)434-7955
SWORN TO AND SUBSCRIBED
COMMONWEALTH OF PENNSYLVANIA
Not>tAalSeel public
Wayne A. ]ones, Notary
~y of pl~burgh, Allegheny County
Commission re8 Tune 29 2014
Member, Pennyylvanla Assodatlon of Notaries
hefnre me this ~~ rlav