HomeMy WebLinkAbout11-3578IN THE COURT OF COMMON PLEAS OF
CUMBERLAND, PENNSYLVANIA
Discover Bank No.
c/o DB Servicing Corporation
r
6500 New Albany Road East ;
New Albany, OH 43054 r
Plaintiff
VS. CIVIL ACTION - LAW r = `=
STEPHANIE J WISNER Mca
206 PENNSYLVANIA AVE Fri
CAMP HILL, 17011-543 6 u?
Defendant
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 is served,
by entering a written appearance, personally of 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
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
32 South Bedford Street
Carlisle PA 17013
800-990-9108
CS> 16q:200 pa
olmv
Cki a?r?o
Q1f 9 s701
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND, PENNSYLVANIA
Discover Bank No.
c/o DB Servicing Corporation
6500 New Albany Road East
New Albany, OH 43054
Plaintiff
VS.
STEPHANIE J WISNER
206 PENNSYLVANIA AVE
CAMP HILL, PA 17011-5436
Defendant
CIVIL ACTION - LAW
COMPLAINT
1. The Plaintiff is Discover Bank, f/k/a Greenwood Trust Company (hereafter "Discover Bank"), an
FDIC-insured Delaware State Bank. The business address for legal action is DB Servicing Corporation,
6500 New Albany Road East, New Albany, OH 43054. DB Servicing Corporation is the servicing
affiliate of Discover Bank. Both Discover Bank and DB Servicing Corporation are wholly owned
subsidiaries of Discover Financial, an independent, publicly traded company.
2. The Defendant, STEPHANIE J WISNER, is an adult individual, residing at:
206 PENNSYLVANIA AVE
CAMP HILL, PA 17011-5436
3. At all relevant times, Discover Bank was, and is a bank chartered under the laws of the State of
Delaware.
4. At all relevant times, Defendant was the holder of a Discover Card credit card (the "Card") that
enabled Defendant to charge items to a Discover Card Account (Account Number: XXXXXXXX-XX-
0424) (the "Account").
5. At all relevant times, Defendant was the basic cardmember on the Account, and was responsible
for paying all amounts charged to the Account.
6. The Terms Level Agreement between the Discover Card Cardmember and Discover Card (the
"Agreement") was provided to Defendant during the time period in which the Card was utilized and
maintained by Defendant, and therefore, Defendant assented to the terms and conditions therein, and a
true and correct copy of the Agreement is attached hereto, and incorporated herein, as Exhibit "A".
7. By accepting and using the Card, Defendant agreed to all of the terms and conditions set forth in
the Agreement, including the following:
a. Defendant agreed that, as the basic cardmember, Defendant is liable for all amounts
charged to the Account.
b. Defendant agreed to make "Minimum Payment" (as that term is used in the Agreement)
due each month, for charges on the account, by the payment due date indicated on the monthly
billing statements mailed by or on behalf of Discover Card. True and correct copies of
statement(s) are attached hereto, incorporated herein, and collectively marked as Exhibit "B".
C. Defendant agreed that if the payment was not made by the payment due date indicated on
the monthly billing statements, Discover Card may assess additional fees per the terms of the
agreement.
d. Defendant agreed that in the event of default, Defendant would pay all reasonable costs,
including reasonable attorney's fees, incurred by Discover Card in collecting the balance due,
including finance charges and delinquency fees, and in protecting itself from any harm it may
suffer as a result of the default.
8. Defendant used the Card to charge various items to the Account.
9. Discover Card issued and sent to Defendant the Account Statements, which set forth in detail all
items charged to the Account, and the total amount due and owing by Defendant to Discover Card.
Count 1- Breach of Contract
10. Discover Card incorporates by reference the averments of paragraphs 1 through 9.
11. Defendant failed to make the minimum payment specified on the statements.
12. By reason of the foregoing, Defendant breached the Agreement with Discover Card.
13. As a result of the breach, Defendant is personally liable to Discover Card for the sum of
$8,542.84. See Exhibit "B" as previously identified and incorporated herein.
14. Despite due demand, Defendant has failed to pay Discover Card the sum stated in paragraph 13.
15. As a result of Defendant's failure to pay the amount that Defendant owes, Discover Card referred
its claim to outside attorneys for collection, and is entitled to collect reasonable attorney's fees from
Defendant.
16. By reason of the foregoing, Discover Card is entitled to judgment against Defendant for breach of
contract in the sum of $8,542.84, plus reasonable attorney's fees, costs and prejudgment interest.
WHEREFORE, Discover Bank demands judgment against Defendant on County 1 in the sum of
$8,542.84, plus reasonable attorney's fees, costs and prejudgment interest.
Count 2- Account Stated
(in the alternative of Counts 1 and 3)
17. Discover Bank incorporates by reference the averments of paragraphs 1 through 16
18. Defendant used the Card to charge various items to the Account for which payment was never
made. Discover Card and/or its servicing affiliate DB Servicing Corporation. kept accurate records of all
debits and credits to the Account for the prior billing period.
19. Discover Bank mailed to Defendant monthly billing statements for the Account, which accurately
stated the previous balance, and the debits and credits to the Account for the prior billing period.
20. Defendant had, for many months, made payments on account of the billing statements or retained
the statements without payment.
21. Defendant's actions as set forth above constituted an account stated between the parties for the
sum of $8,542.84, which sum reflects the balance, less credits, if any which were applied prior to the date
of this complaint.
WHEREFORE, Discover Card demands judgment against Defendant on Count 2 in the sum of $8,542.84,
plus prejudgment interest and the costs of this action.
Count 3- Unjust Enrichment
(in the alternative to Counts 1 and 2)
22. Discover Card incorporates by reference the foregoing paragraphs 1 through 21.
23. As a result of the foregoing, Defendant received the benefit of Discover Card's extension of credit
in the amount of $8,542.84, without paying for same.
24. Defendant was aware of, apprehended and appreciated Discover Card's provision of credit by
reason of Defendant having made payments on the account of the Account statements received on and
after Defendant opened the account.
25. The reasonable value of the credit Discover Card provided Defendant is the sum of $8,542.84.
26. Discover Card is entitled to prejudgment interest on the outstanding balance from the statement
due date.
27. Discover Card believes and avers if the relief requested herein is not granted, Defendant will be
unjustly enriched at Discover Card's expense.
WHEREFORE, Discover Card demands judgment against Defendant on Count 3 in an amount to be
determined at trial.
Respectfully submitted,
44 d -?', - , J ?'.
Amy F. ogle, s .
PA Supreme Court ID U62
Schlee and Stillman, LLC.
Physical Address:
204 St. Charles Way, Unit E#177
York, PA 17402
Processing/Mailing Address:
P.O. Box 251298
West Bloomfield, MI 48325
For Court(s)/Attorney(s): 248-851-6000 Ext.601
888-286-5001 (Phone)
443-588-0417 (Facsimile)
Counsel for Plaintiff
STATE OF OHIO
COUNTY OF FRANKLIN
VERIFICATION
I am a Legal Placement Account Manager for DB Servicing
Corporation, a servicing agent of Discover Bank, an FDIC insured Delaware State Bank located at
Discover Bank c/o DB Servicing Corporation., 6500 New Albany Road, New Albany, OH 43054.
1. I am employed by DB Servicing Corporation and am competent to testify to the matters stated in
the Complaint which are made on my personal knowledge, based upon the books and records of
the Plaintiff, and are true and correct to the best of my information knowledge and belief.
2. In the ordinary course of business and as a regular business practice, DB Servicing Corporation,
the servicing agent of Discover Bank, employees or representatives with knowledge of the
accounts compile business records memorializing account activity and transactions at or near the
time they occur.
Entries in the files and business record of Plaintiff are made contemporaneously with transactions
in order to preserve the accuracy of the transaction.
4. Plaintiff's files and business records are maintained by DB Servicing Corporation, the servicing
agent of Discover Bank.
5. I have access to the files and business records relating to this account.
6. There is now due and owing from Defendant, Stephanie J Wisner, to Plaintiff, upon Account
Number XXXXXXXX-XX-0424, the amount of $8542.84, including credit(s) and adjustment(s).
7. The documents attached to this affidavit, if any, are true and accurate copies of business records
regarding the Defendant's account.
8. Upon information and belief, the Defendant is not now, nor has been within 30 days hereof, in the
military service of the Unites States as defined in the Servicemembers Civil Relief Act as
amended nor an infant, incompetent, under mental defect or infirm.
9. Defendant is entitled to no known valid defenses, setoff or counterclaims, and further states that
written demand was made upon the Defendant.
I understand this verification is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities. 1 /1
1?
HOOCMO_02801(_TL22EFp210_00082_mder.YMd 1,2
DISCOVER'
YOUR DISCOVER' BUSINESS
CARD ACCOUNT
CARDMEMBER AGREEMENT .:..............Pages 1-14
The terns and conditions of your Account, Including
how we calculate finance charges, our fees and an
Arbitration of Disputes section. You have the right to
reject` the arbitration provision wfth inspect to your
newAcrount within 30 days after receiving your Cara
as explained In the 'Right to Reject Arbitration-
section at page 13.
PRIVACY POLICY ......................... Pages 14-16
A summary of the personal information we collect,
whenitflay b6 shared>with others, and hovVwe
safeguard the confidentiality and security of
information. You may litnnit, our sharing of such
Information with others as explained in section 4 of
the Privacy Policy at page 1S..
DESCRIPTION OF COVERAGE ............... Pages 16-25
The terms and conditions of the Common Carrier
Accident Insurance and the Primary Collision Damage .
Waiver that is provided at no charge to you when
ybu.use your Card to purchase airline or other
wmmon.carrier tickets or rent an automobile.
GLOBAL TRAVELER'S NOTUNE, ..................Page 2S
The terms and conditions of this free travel assistance
benefit.
02010 Discover Bank, Member FDIC TL22EF 0210
12/21/09 9A9:12AM I -
EXHIBIT "A"
CARDMEMBER AGREEMENT
Meese MW this Agreement t? anbefore using d wnd s o f your Dkwve& Business
Card Amou rrL it contains the your Account, which may have dinged from earlier materialAccount, some
provided to you. In the
event of any clifferenom this Agreement shat control. we respect your
aaciddonal Information. Arbitrations oftDDisputes section
M n onpage 11
Ifahrdes a waiver of a number of rights, the?t to a jury trial.
The Right to Reject Arbibadon section on"desodbes the prom4ure
secti
-you:: follow if you desire to reject the Arbitration of Disputes
DEFINITIONS ................................................... 2
USING YOUR ACCOUNT ......................................... 2
Your Acoeptance of this Agreement .:.......................... 2
Permitted Uses of Your Account ............................... 2
Prohibited Uses of Your Amount ............................... 3
hndases and Cash Advances in Foreign Currencies ..........:.... 3
Cash Advarm ........... .....................................3
Balance
uuthorizat Transfers. ns.....` ................................... 3
Creck Authorized Uses ............................................ 4
Unauthorized Use ..........................................
.4
Your Creck Lines ............................................ 4
Authorized User Monthly Spending Limits ........................4
MAKING PAYMENTS ...:......................................... 4
Promise to Pay ................................. .. 4
Monthly B" Statement .................................... 5
?s?rl«?iQpbons ..................................... 5
Automata "ements ............................... 5
Now V* ra "M
....................... ... 5
yme
Mifrimum Payment ...................................5
Offers ....................................... 6
Cry Ba? ............................................ 6
FINANCE CHARGES ...............................................6
How We Calculate Periodc Finance Charges ......................6
How mk Cakulate Your Balarm . 6
.............................
Variable or Fba:d Interest Rates ............................ 7
Default Rate ................... ....
:..:.................
Cash Advance Transaction Fee Finance Charges .......... ....... 8
Balance Transfer Transaction Fee Finance Charges ......:........ 8
Foreign Currency TrmsactIw Fie Finance Carges .................8
Minvnm n ancea3targe .:.................................... 8
Account Set-up Fee Finance Charge ........................... 8.
[a Fee ........................................ 9
...... .... .
Returned-Payment In ...................................... 9
Returned Discover Business, Card Check Fee . 9
ae$a h fee feR .................................. ............. :.... 9
DEFAULT AND CANCELLATION .................:.................. 9
Types of Default ..............................................9
of Default ..................................... 9
PRIVACY AND OUR COMMUNICATIONS WITH YOU .................. 10
9
Our Privacy Policy ............................................10
eDCMO_028CW-T122EF0210_0009Z-nadsrkM 5-4 MOM OM:12AM I -
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Coverage does not apply to loss resulting from the following
• Any dishonest, fraudulent or criminal ad of the Insured
• Forgery by the insured
Loss due to war or confiscation by authorities.
• Loss due to nuclear reaction or radoacfw contamination.
The Insured bang Intoxicated, as defined by the laves of the jurisdiction
where the Loss occurred, or under the Influence of any narcotic unless
prescribed by a physician.
• Use of the Rented Automobile to carry.passengers and property for hire.
• the of the Rented Automobile by a pason.other than the one authorized
to operate the Rented Automobile by the terms of the Rental
Agreement'
• Loss of use of the Rented Automobile.
Primary Loss Damage Waiver Specific Exclusions
Coverage does ?ot apply to Loss(a) resulting from the following
Intentional damage to the Rental Automobile by the Insured.
Damagewfddn Is due and confined to wear andtear freezing, mechanical
or electrical breakdown or fallue, unless such c4mage results from a
theft ooveed by the insurance policy
• Damage to fires unless damaged by fire, malicious mischief or vandalism,
or stolen or unless the bas be coinddent with a covered loss.
• Use of the Rented Automobile in tests, races or contests.
• The Rented Automobile being operated or bated in any territory
prohibited by the terns of the rental agreement
Personal Property Specific Exclusions:
Coverage does aotppply to Loss(t#rFwRirg the following,
• Theft from unattended vehicles unless at the time of such theft or
attempted theft, the windows, doors and trunk of the vehicle be securely
closed and larkedandstWtheft be the alt of forcible entry evidenced
by visible marks.
• Breakage of glair, unless coincident with other loss or damage covered.by
the
• Insects, vermin, wear and teat' mechanical breaWown, inherent via,
Went defed then the drect orgradual deterioration, but If. fire or explosion ensues,
mageaaused by such ensuing Tior a#oslon
Is covered
• Dampness of atmoWhere, freezing or extremes of tempendure. urbance •
wiring wl Nury oolced or disc to the Reto dktW nted appliances or devkes or
. but If fire
ensues, then the dared Lou or Damage caused such or explosion
explosiorais covered.. ge by ensuing fire or Samples • of stock used in the business of the inured, animal; sporting
quipment cameras and accessory equipment, eye glasses and contact
khm prosthetic dices, dentures, tickets, valuable papers and
documerfts? securities money.
F(i INSUREDS WHO Af1E NEW. YORK STATE RESIDENTS:
To the extent that this plan provides Insurance agalstdamage to a rented
motor vehhick the following tams and conditions (1) the WIod of
insurance coverage will not exceed 31 consecutive or 4S eon ve
days H the kwred is an empiw* of an organization which-has provided
the Card to the leaned fo business use; and W the insurance provided by
this plan will be ekcess over any other valid and coffee" Insurance
-22-
I looawo_02BOK-TL22EFo210_ooo6Z_rs.derdndd 2s,2a
covering the Rented Automobile: However, the insurance provided under
this p plan
a? may ay pinw7If specifically provided for under the temp of this the following atteria h met: (a) the Rented Automobile is
rersted for use outside the United States, its territories and possessions; (b)
the Insured is an employee of an organization which has provided the card
to the Insured for business use; and (d the Rented Automobile is rented
without a drive
HOW TO FILE A CLAIM UNDER PRIMARY LOSS DAMAGE WAIVER/
PERSONAL PROPERTY COVERAGE
In the event of a dakn, written or verbal notice must be provided as soon
as reasonably possible
IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE
CLAIMS SERVICE CENTER AT f-80041Aws-o (14100.2524674
You an also go to the'Co Website (www.thubb.com) dick
on Report a Lou, soled Aacidmt enefAs and Life da'm'
aim; select the
p?6 form print out the claim form, Of out and mail. You an file a
da Mailing Aor fax
ddress: CHUBB GROUP OF INSURANCE COMPANIES
CLAIMS $ERVICE CENTER
600 INDEPENDENCE PARKWAY
PO BOX 4700.
CHESAPEAKE, VA 23327-4700
Fax Number. 141*300.2S38
CLAIM PROCEDURE
The Insured must send the Company written notice of a claim, Inducing the
Insured'; name and Policy numbey within 90 days after a covered Lou
omm tf rhotice,camat be 9if errs vithirl:that time It must be given as soon
as reasonably possible To file a sworn Proofof Loss, the Insured must send
the folownng information to the Company or Its authorized
representaft,
AA copy of the Amount statement showing the automobile rental
transaction.
• A copy of the automobile rental agreement
• A copy of the polka report
• A copy of the initial claim report submitted to the automobile Rental
• A copy of the paid daim presented by the automobile Rental Agency for
the Damage or Loss for which the Insured Is responsak
• ff no otim Insurance is appRabk a notarized. statement from the
insured to that effect
For Personal Property coverage
• Proof of PAxnbsion of the Loss to, and the results of any settlement or
denial, by the Insurers personal insurance abler(;).
• If no other insurance h applicable, a notarized. statement from the
Insured to that effect.
• Evidence that the personal property has actually been replaced.
Reminder: Please referto the Insurance Disclosures w1lon.
INSURANCE DISCLOSURES
As a handy reference guide, please read this document and keep it in a safe
place with your other Insurance doaanerts, This Summary of Coverage is
not a contract of insurance but Is simply an informative statement to
eligible Insureds of the principal provisions of the insurance while in effect
Complete provisions pertaining to this plan of insurance are contained in
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DISCOVER
New Balance Minimum Payment Due
$8,542.84 $8,542.84
Payment Due Date
DUE IMMEDIATELY
08 SDSN6A010001657
STEPHANIE WISNER
206 PENNSYLVANIA AVE
CAMP HILL PA 17011-5436
Address, e-mail or telephone change?
Go to www.Discover.com or print change in space above.
Account Number ending in 0424
Enter Amount Enclosed Below
$1 1
Go paperless and make your account
information more secure with password-
protected statements only you can access.
Learn more at discover.com/paperless.
PO BOX 6103 IllNiel lithllrorh$little II
CAROL STREAM IL 60197-6103
111111111110 91111111111111 11111111111111111 Iloilo 1146111111111
000001986458084093885085428400000000854284
opening Date: December 1, 2010 - Closing DaM: Da
Discover More Card Account Summary
Account number ending in 0424
Previous Balance $8,542.84
Payments And Credits 0.00
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
Interest Charged + 0.00
Fees Charged + 0.00
NO-W-60-1; nce-- - - $8,542.84
See Interest Charge Calculation section following
transactions for detailed APR information
Credit line $6,400.00
Credit Line Available $0,00
Cash Advance Credit line $0.00
Cash Advance Credit Line Available $0.00
ashback Bonus" Anniversary Month
May
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
3 Easy Ways to Contact Us
1. Access your account securely at www.D6cover.com
2. Call 1-800-DISCOVER (1.800-347-2683)
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 Deof)
assistance, please call 1400.347.7449.
;ember 8, 2010
pace 1 of 2
Payment Information
New Balance $8,542.84
Minimum Payment Due' $8,542.84
Payment Due Date DUE IMMEDIATELY
'Includes past due amount of $1,823.00
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 $35.00.
Minimum Payment Wareing: 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:
you w w ,ov wtll. off the
-Pay And
you YVik Ar>d
rchtio al ctiiarg" bafmce shown on up paying an
sing this care( ancf; his sWomiim in estimated total of-
hmar 4h . pay
Only the minimum 13 years $8,543
Payment
If you would like information about credit counseling services,
call 1-800.347-1121.
EXHIBIT "B"
Manage Your Account Online at www.Discover.com
• Access free online tools like Paydown Planner to create a plan
to pay down your balance, securely access statements, pay
bills online and easily track all transactions
• Make your money worth moresm-find easy ways to earn
and redeem cash rewards
- idEW! Access your-account securely througlT your
mobile phone
Transactions
Trans. Post
Data Dote
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 $ 368.00
Tnrel thtTFCFST!-haeo(,Fn tt,i ')AIA ') t td 10
DISCOVER
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rats on your account.
Purchases Period: 8 days RRAATEEU(APPR)
MTERESTSUBJECf• TO yt
RATE
2
Past Purchases 299..99% e $00 $0
Cash Advances 29.99% S E0 $O
$0
V = Variable Rate
Addi6snal h?partatrd In6ormalirn
Important Information. N there is more than one page to this belting swi ement see the back of each
See Year Cardmember Agreement. Your Cordmember Agreement Page for acki lloral important informal on.
.
Lost or 31016" cards- Report immediate ! Call 1-800-347-26a3. oR the terms of your Account
blRtat To De IF Yea Think You Find A Mlstake On Your Stelose?
If you think there is an error on your statement write to us of Discover, PO Box 3042 t, Sate take City, UT 84130-0421.
In your leper, give us the following information:
• Account inlormolion Your home and account number.
' D09W -.- The "far amount of the suspected error
' DexhPlion at Probili l you think there is an error on your bill, describe what you believe Is wrong and why you believe o is o 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 calf us, but l you do we we not required to investigate any potential errors and
pay the amount in question. .
While we investigate you may have to
h8ate whether or not there has been an error, the following ors true;
. We connat try to collect the amount in question, or report you as delinquent on that amount.
m%Qorgo iq ? may remain on your stowmem, and we may continue to charge you interest on that amount. But, it we determine shot we made a
y wiN have to pay the amount in question or any interest or other Fear related to that amount.
. White you do net have b pay the amount in question, you are responsible for the remainder of your balance.
• We can apply any unpaid amount against your credit limo.
Your ft het Of You Are Dissalisffed 1NUb Your Credit Card pwrdw+ses
ssolisBed with the goods or services that t you ore di you hove purchased with your credit cad, and
problem with the merchant, you may have the right not to pay the remaini you have tried in good look to cornett the
To use this right, all of the following must be true: ng amount due on the purchase.
1. The purchase must have been made in your home state or within 100 mils of your current mailing address, and the purchase price must hove
been more than $SO. (Note: Neither of these are necessary i your purchase was based on an advertisement we mailed to you, or f we own
the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases mode with cash advances from an ATM or with o check that accesses your
credo card occountdo not qual Fy.
3. You must net yet have fully pad for the purchase.
If all of the criteria above are met and you are still dissotislied with the purchase, contact us in writing at: Discover, PO Box 30945,
Sok lake Coy, UT 84130,0945
While we investigate, the some rules apply to the disputed amount as discussed above. After we Finish our investigation, we will sell you our
decision At that point, ,Y we think you owe an amount and you do not pay we may report you as delinquent.
obo?ts. Send only your payment and tit. top portion of this statement in the envelope
e= authorize us to use information on your check b make an electronic fund Afepr set your account of the Financial inshhalfon esdicalsd on
cheek or ta process the payment as adeck transaction. If payment is from yo y erdirhit your check os described
When we use information From your check to make on electronic kind m??r Fu don may withdrawn from your account as soon as the same day we receive of the recei
your payment. and you will not receive your check bock from your finonciaf institution y
ve
The ocessrhg of your payment may be delayed l you send cash, correspondence or other items with your
oddreuor l you use an envelope dherlftoRtne one Yau payment IF You send the any as of that toy ., ?y kprovded t ymerts received in prapsr 6orm Noar pproeessin0 fact
other
be credited to your Account tvy by SPM taco oFtime anarny day tug
t. ff you have misplaced your envelope, send your receivoi as our W«°ssingB(ooclty after SPM local pme w
tou ill be credited to your Account as of the next
If your payment is returned unpaid, we reserve the rightttto re nbubmigi aaa an'e?tror Ic 1ldel;;. Carol Stream, It 601476103. Please allow 7-10 days (of delivery
You can pay your minimum payment or a greater amount over the telephone, whet
need this statement and your bank account information. You must ensure that sufficient iF nerds are ??? d ??Obank acca us founttand$ll trannsactions must
comply with U. S. low. You will be asked to provide the First 5 digits of
signature, you wit be agreeing to this authorization to allow us and your account statement deduct each ZIP code. u entering those numbers as your account, anon to
debts orcredil entries to your bank account, as your bane to mud °«h poymenl you authorize from your bone account each to initiate carrect or you can select an amount such as the Minimuum
Poym?eMtDue or the "Neerror w in the process ch of arch payment. You must fell yment us the amount of each
notice of lost three business days in advance of the scheduled payment. 8alonce on each piton at You can cancel a __ payment tateint. pa, ho we must receive
p evlous parogroph. ff your payments vary in amount we will te11 you on each You ahoy rattly as byne of our pa 47-268il or by dmail e the address fisted in the
tour automatic payment amount may be less than indicated on the monthly statement bbased on credits or payments payment all be made orTki how cycle 1 will be much
Credit Reporting. We may report information about pO °nls applied during the bluing cycle
"1OY be reFlected in your credo repod. your star Account to comment hi us. l payments, missed payments, or other eFeac man your Account
eve that our re We normally report the status and
port is inaccurate or incomplete, please write us of the follows addrstess. ? ?co? to credit reportitt$ agencies «fi th. If you
bel indicate your name, address, home telephone number and Account number. -"`ov°r• PO Box 15316, Wilmngbn, DE 198505316 %ease
Paying Interest. Interest Charges are imposed on all transactions From the date the fronsaction is sted to New 8ndance, by making payments or receiving credits. However, l you paid the
New to your Account unfit the date you pay your entire billing shown an tat statement, and you pay the New Balance the P ur current e t your ptemen we ill not im t s the rest Ch Due
Date
purcosas, tat is, purchases Brsl ? aYA1°^t Due Dots on Your current biling statement, we will not im
that teases, t Interest Chu e: on ta hosppearin on the current statement. We call this the grace period. Otherwise, you will receive biking statement next month
g new es There is m grace period on balance transfers or cosh advances.
How We eta 11Mb:
How We Calculate Interest Changes _ Daily 8olonce (Method (including current transactions): We Figure Interest Charges for each lolling
period To • We calculate your Interest Charges separately For each balance subject to different terms (For example, standard rchases, stondwd cash
advances and each purchase, balance Ironsfer and cosh advance 6olonce subject to promotional terms). We refer to these balances as
transaction categories.
• We figure the 'doily balance' for each transaction category . To gel the 'doily bobnce' we take the beginning balance for sock day, a
new pansocironi aced Fees-ond-army Interest Char es accrued on the previous days daily balance- We titers su Ira& aTy etedtrs and paymi and
make other odrystments. M wkvloti the dot gg old any
fake been ng daily balance for the first day of the billing period we consider the *previous day's daily bofonce' to
your balance on the lost day of your previous billing period. This gives us the daily bolo co for each transaction co
We figure the Inheres Charges on your Account by multiplying the doily balance For each transaction category b its daily
day in the billing period- 'a?'.
The bap Interest Charges For the billing period are the sum of the daily Interest Charges for eocfh transaction category for each day during that
billing period.
y y y
When we calculate gar- Actounr oiler the close of Ihebbliiwe add n9 now transaction as of which it occur s wh',ch use taclse0koterswcrywon will be added ro the duly balance as of the
first day of the ir 6.11 tatement, unless the transaction is mg period in which cis posted b your Account. All fees charged to Paste to
exception of Cash Advance Fees which are added to the applicable cash uadvance transaction category standard
Balance purchase transaction category with the
applicable balance transfer transaction categorytegory and Balance Transfer fees which are added to the
For TDD {Telecommunications Device for the Deaf) assistonca,
Discover may monitor and/or record telephone calls between you and Discoverep esecll 1-347-79.
prr
ntativesi01o quality a44 Trance purposes.
The Dis :over® cord is issued by Discover Bonk, Member f DIC
OITBKF80
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W St
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
4FFit F - _-FRIFF
= ILED-OFFICE
2011 APR 21 AM 10' 13
CUMBERLAND I?UU T,
PENNSYLVAHI'
Discover Bank
vs.
Stephanie J. V
Case Number
2011-3578
SHERIFF'S RETURN OF SERVICE
04/14/2011 06:2 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on April
14, 011 at 1825 hours, he served a true copy of the within Complaint and Notice, upon the within named
defe dant, to wit: Stephanie J. Wisner, by making known unto Rich Wisner, Husband of defendant at 206
Pennsylvania Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same
time handling to him personally the said true and correct copy of the same.
STEPHEN B DER, DEPUTY
SHERIFF COST:
April 18, 2011
00
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c Geunt,Suite Sheriff, Teieo±oft Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Discover Bank
c/o DB Servicing Corporation
Plaintiff
VS.
STEPHANIE J WISNER
Defendant(s)
No. 2011-3578-' C;.,
Z _
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Ct .r
= y. C3
C?
co 77
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above referenced account as discontinued without prejudice.
Respectfully submitted,
Amy F. D4X, Esquire
PA Supreme Court ID 87062
Schlee & Stillman, LLC
11 East Market St., Suite 102
York, PA 17401
717-885-0718
877-202-9420
206-203-3872 (facsimile)
Counsel for Plaintiff
File No. 10006767