HomeMy WebLinkAbout11-3579IN THE COURT OF COMMON PLEAS OF
CUMBERLAND, PENNSYLVANIA
Discover Bank No.
c/o DB Servicing Corporation _.
6500 New Albany Road East t c.a
New Albany, OH 43054
Plaintiff -
?
rte
c, -
Vs. CIVIL ACTION - LAW C:)
DAVID M HERR w; n
16 BRIARWOOD CT
MECHANICSBURG, 17050-3181
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
Qyy? y,4 0?1. 00 ? ? V
? a?c?9
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. CIVIL ACTION - LAW
DAVID M HERR
16 BRIARWOOD CT
MECHANICSBURG, PA 17050-3181
Defendant
AVISO PARA DEFENDER
USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la
demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias
despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia
personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones
a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso
puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas
aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio
solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante
para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO
TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI
ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A
PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
Cumberland County Bar Association
32 South Bedford Street
Carlisle PA 17013
800-990-9108
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.
DAVID M HERR
16 BRIARWOOD CT
MECHANICSBURG, PA 17050-3181
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, DAVID M HERR, is an adult individual, residing at:
16 BRIARWOOD CT
MECHANICSBURG, PA 17050-3181
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-
9023) (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".
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
$4,029.19. 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 $4,029.19, plus reasonable attorney's fees, costs and prejudgment interest.
WHEREFORE, Discover Bank demands judgment against Defendant on County 1 in the sum of
$4,029.19, 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 $4,029.19, 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 $4,029.19,
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 $4,029.19, 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 $4,029.19.
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,
Amy F. Doyle, sq.
PA Supreme Court ID 87062
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
DISCOVER'
I 1000M0_0280K_nMEF0210_000a2_•roader.Ndd 1,2
YOUR DISCOVER" BUSINESS
CARD ACCOUNT
CARDMEMBER AGREEMENT ................Pages 1-14
The terms and conditions of your Account, including
how we calculate finance charges, our fees and an
Arbitration of Disputes section. You have the right to
rejecC the arbitration provision with respect to your
new Account 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,
whenit 6W bb shared'vvkh others, and how we
safeguard the confidentiality and security of
information. You may limit, our sharing ofsuch
Information with others as explained in section 4 of
the Privacy Policy at page 15.
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
yiou .use your Card to purchase airline or other
common.carrier tickets or rent an automobile.
GLOBAL TRAVELER'S HOTLINE, ...................Page 25
The terms and conditions of this free travel assistance
benefit.
EXHIBIT
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Coverage does not apply to loss resulting from the following-
, Any dishonest, fraudulent or criminal act of the Insured
• Forgery by the inured.
Lou due to war or conflation by authorities:
• Loss due to nuclear reaction or radioactive contamination.
• The Inured being intoxicated, as defined by the laws of the jurisdiction
where the Lou 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 Automobk by a person other than the one authorized
to operate the Rented Automobile by the terms of the Rental
Agreement
• Lou of use of the Rented Automobile.
Primary Lou Damage Waiver Specific Exclusions
Coverage does not_apply to Loss(es) resulting from: the following:
Intentional damage to the Rented Automobile by the Insured.
• Damage which is dire and confined to wear and teat freezing, mechanical
or electrical breakdown or facture, unless such domar reacts from a
theft ctivered by the Insurance policy
• Damage to tires unless damaged by fire, malicious mischief or vandafsm,
or stolen or unless the loss be coincident with a covered loss.
• Use of the Rented Automobile in tests, races or contests
• The Rented Automobile being operated or located in any territory
Prohibited by the tams of the rental agreement
Personal Property Specific Exclusions:
Coverage.doesaotppply to Roza(*rsudting from the:Mlowing'?
• Theft from unattended vehicles unless at the 'time of such theft or
attempted theft, the windows, doors and trunk of the vehicle be securely
dosed and locked andsurch theft be the result of forcible entry evidenced
by visible marks.
• Breakage of glass, unless coincident with other loss or damage aovered.by
the Policy
• Insects, vermin, wear and tear mechanical breakdown, inherent vine,
law defect then the cogradual detaionatlgn, but 9 fire or enua,
Damage-caused by such ensuing or expkuion
Is covered.
• Dampness of atmosphere, freezing or extremes of temperature.
Il
wiring Wien es" ury??di? an to any electrical appliarm or devices or
ensues, then the direct Loss or Damage nutted rr mused but If
such fire or explosion ensui agwo , is covered: . ? fire or
• SSoff stock used in the buainels of the ksured, animals, sporting
cameras and accessory equipment We glasses and contact
km% prosthetic devices, denture, tidm% valuable papers and
documents, securities and money.
FOR Mai ilwt WH0 ME NEW YORK STATE RESIDENTS: ,
To the extent that this plan provides ksurance againstdamage tD a rented
motor vehicle, the Wowing terms and condition apply: (1) the period of
Insurance coverage will not aved 31 wnswartiivve days or 45 ou seativ e
days If the Irwxed Is an khsunrhd employee of an business me; a ond W thee Insurance Insurance
this plan will be excess over any other vaFd and collectible insurance
-22-
I IODCMO_0280K_TL22EPo2t0_ooo92_roraderArdd 25-26
covering the Rented Automobile: However, the insurance provided under
this plan may be primary if specifically provided for under the terns of this
plan and if the
following criteria Is met (a) the Rented Automobile is
rented for use outside the United States, its territories and possettiors; (b)
the Insured is an a of an organization which has provided the card
to the Insured for bb use; and (d the Rented Automobile Is rented
without a driver.
HOW TO FILE A CLAIM UNDER PRIMARY LOSS DAMAGE WAIVER/
PERSONAL PROPERTY COVERAGE
In the event of a claim, written or verbal notice must be provided as soon
as reasonably possible.
IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE
CLAIMS soma CENTER AT 1-/0o•CLAIMS-0 6480 A2"467o).
You an also go to the Co Website (wwwhwbb.corn), dick
on Report a Lou, select Aeddent eRh and Life claims, select the
appropriate form, print out the claim form, fill out and mail. You an file a
rm by ma6 or fax
Mailing Address: CHUBS GROUP OF INSURANCE COMPANIES
LTAIMS mm CENTER
6m INDEPENDENCE PARKWAY
PO BOX 4700.
CHESAPEAKE, VA 233271700
Fax Number: I-M300-2538
CLAIM PROCEDURE
Thhe insured must send the Company written notice of a claim, including the
Insuralls name and Policy manbet within 90 days after a covered Loss
occurs if nor6ce cannot be y" that time, R must be given as soon
as reasonably possible.I file aswswom?Proofof Loss, the Inured must send
the following information to the Company or its authorized
A copy of the Account statement showing the autorroblle rental
transaction.
• A copy of the automobile rental agreement
• A copy of the we reporl
• ?? of the! tial claim report submitted to the automobile Rental
• A copy of the paid claim presented by the automobile Rental Agency for
the Damage or Loss for which the ksured Is responsible.
• 0 no other insurance B applicable. a notarized statement from the
Insured to that effect
For Personal Property coverage .
• Proof of submission of the to to, and the results of any settlement or
denial, by the Ins rails personal Insurance arrie ft
• If no other insurance Is applicable, a notarized. statement from the
'Insured to that effect
• Evidence that the personal property has achady been replaced.
Radnder:'Plane refer-to the Inukance Disclosures se&n,
INSURANCE DISCLOSURES
As a handy reference guide, please read this document and keep It in a safe
puce with your other kwranee dowmerrts. This Summary of Coverage Is
not a contract of Irmaance but Is simply an informative statement to
eligible Insureds of the principal provision of the Insurance while in effect
Complete provisions pertaining to this plan of insurance are contained in
-23-
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New Balance Minimum Payment Due
DISCOVER $4,029.19 Payment D
Payment Due Dare
DUE W{MEDIATRY
08 SDSN6A01 0001649
DAVID HERR
16 BRIARWOOD CT
MECHANICSBURG PA 17050-3181
Address, e-mail or telephone change?
Go to www.Discover.com or print change in space above.
Account Number ending to Yvca
Enter Amount Enclosed Below
Go paperless and make your account
infor"bon more secure with password-
protected statements only you can access.
Learn more at discover.comtpaperless.
PO BOX 6103 111 111111111111
CAROL STREAM IL 60197-6103
IIIIIIII If III fill
000001986458871616229040291900000000402919
Anwrsinn Date: December 1, 2010 - Closing Date: December 8, 2010 page 1 of 2
Account number ending in 9023
Previous Balance $4,029.19
Payments And Credits 0.00
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
Interest Charged + 0.00
+
Fees Charged 0.00
_
New a ,029.19
See Interest Charge Calculation section following
transactions for detailed APR information
Credit lure $3,500.00
Credit Line Available $0:00
Cash Advance Credit Line $0.00
Cash Advance Credit Line Available $0.00
rN;-w ment Information
Balance $4,029.19
mum Paymen t Due* $4,029.19
yent Due Date DUE IMMEDIATELY
*Includes past due amount of $868.00
Lab Payment Warning: II we do not receive your minimum
payment by the dote listed above, you may have to pay a late
fee of up to $35.00 and your purchase and balance transfer
APRs for new transactions may be increased up to the Penalty
APR of 29.99% variable.
Minimum Payment Waming: 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:
,y off:ft And you wrrtsrw
awn on', up pa "9 arr r
ent in =- estimated total of..,
Cashback BonuSe Anniversary Month
October
Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus This Period + 0.00
CaJdxKk Bonus balance $ 0.00
To Learn more, log in at wwwMiscover.com
3 Easy Ways to Contact Us
1. Access your account securely at www.Discover.eom
2. Call 1-800-DISCOVER (1-800.347-2683)
Please have your Discover* card available.
3. Write to us at Discover, PO Box 30943,
Sak Lake City, UT 84130
For TDD (Telecommunications Device for the Deaf)
assistance, please call 1-800-347-7449.
1 Only the minimum I 10 years $4,029
payment
If you would like information about credit counseling services,
call 1-800.347-1121.
Manage Your Account Online at www.Discover.com
• Access free online tools like Poydown 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 more SM-find easy ways to earn
and redeem cash rewards
• NEW I Access-your account securely through your
mobile phone
Transactions Trans. Post EXHIBIT B"
Data Date
Fees TOTAL FEES FOR THIS PERIOD $ 0.00
Interest Charged TOTAL WMEST FOR THIS PERIOD $ 0.00
2010 Totals Year-to-Date TOTAL FEES CHARGED IN 2010 $ 251.00
-- 1-coccT rrwhQr.Fn IN 2010 884.55
DISCOVER
L It pop to DAVID HERR
SCCIER Account number ending in 9023
pope 2 of 2
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
ANNUAL PERCENTAGE
Current Bitting Period: 8 days RATE APR) BALANCE SUBJECT TO
MR EST RATE INMEST CHARGE
Purchases'
06/26/2010 and after 28.24% V $0 $0
06/25/2010 and prior 23.2430 V $0 $0
Past Purchases 26.24% V $0 $0
Cash Advances 29.99% V $0 $0
V to Variable Rote
' Dates apply to non-promotional purchases and to expired promotions with start dates within the specified date range
Additional Important Wormafion
Important Information. N there is more Than one page to this bring statement, see the back of each page for additional important information
See your Cardmember Agreement. Your Cordmember Agreement corsoins oil the terms of your Account.
Lost or stolen cards. Report immediately! Call 1-800-347-2683.
What To Do Of You Think You Find A Mistake On Your Statement
IF you think there is an error on your statement, write to us tat: Discover, PO Box 30421, Salt Lake City, UT 84 1 30-042 1.
In your letter, give us The following information:
Account intimation: Your name and account number.
Pallor amount; The dollar amouat?{the.s„spectedeuor ..
it Descriocus of Problem: R you think there is on error on your bill, describe what you believe is wrong and why you believe it is o mistake
You must contact us within 60 days offer the error appeared on your statement.
You must notify us of any potential errors in writing. You may cci us, but A you do we are not required to investigate any potential errors and you may have to
pay the amount in question.
While we investigate whether air not there has been an error, the following are true
We cannot try to collect the amount in question, or report you as deknquenl on that amount.
The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, A we determine that we mode a
mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.
Whit you do not hove to pay the amount in question, you are responsible for the remainder of your balance.
We can apply any unpaid amount against your credit limit.
Your Worts of You Are Wssathfired With Your Credit Card Purchases
N you are dissatisfied with The goods or services That you have purchosed with your credit card, and you have Tried in good Faith to correct The
problem wish she merchont, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be True:
I. The purchose must have been made In your home state or within 100 miles of your current mailing address, and the purchase price must have
been more then $50. (Note: Neither of These are necessary 3 your purchase was based on on advertisement we moiled to you , or if we own
else company dot 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 a check that accesses your
credit card account do not qualify.
3. You must not yet have fully paid for The purchase.
T all of the enleria above are met and you ore still dissasisfied with The purchase, contact us in writing at: Discover, PO Box 30945,
Solt take City, UT 841300945
While we investigate, the same rules apply to the disputed amount as discussed above After we finish our investigation, we will tell you our
decision. At that point, if we think you owe on amount and you do not pay we may report you as delinquent.
Payments. Send only your payment and the fop portion of this statement in the envelope povided. Do not send cash- By sending your check as described
above, you authorize us ro use mForrtation on your check a make on electronic hold transfer From your account of the Financial inshlur on indicated on your
cheek ar taprocesr the paymenrasvcheck frontaetlon: ifpaymom'n processed es on ekctronk fund trarnkr, ifte-IransFerwttl be lot it* omoom of the check
When we use information ham your check b make an electron c fund transfer, Funds nay leer withdrawn From your account as soon as the some day we receive
your paymonl, and you will not receive your check back from your financial institution.
Ths processing of your payment may be delayed A you send cash, correspondence or other isms wkh your payment if yyoou send the payment to any other
addressor iF you use on emabpe other than the one provkled. payments received in proper form os our processing #aclity by SPM !scot time on any day will
fse credited b your Account os of that day. Paymenb received al our prosess«sg lastly o 5PM loco! time will be credited to your Account as OF die next
day. H you have misplaced your envelope, tend your payment to Discover, Pp Box 6103, Carol Stream, If 60197.6103. Please allow 7.10 days for delivery
-
If yaw payment is returrhad unpaid, we reserve the right to to$ Ismil it as an electron- debit.
You can pay yaw minimum payment or o greater amount over the telephone, and you can set up outomatic payments. Call us at 1.800347.2683. You will
need This slofement and your bank account information. You must ensure that sufficient funds are ovatloble in your bank account, and oil transactions muss
comply with U.S. low. You will be asked to provide On 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 parent you authorize From your thank account, and TO initiate
debit w credit entries to your bank account, as applicable, to correct an error in The processing och 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 con cancel a payment; however we must receive
notice of toast Three business days in advance of the scheduled payment. You may notify us by phone at 1.800347.2683 or by mail at the address listed in the
previous paragraph. T your payments vary in amount, we will tell you on each monthly sotenrhent when your payment will be mode and how much It will be
Your outanatic payment omount may be less than indicated on the monthly statement based on credits or payments applied during the billing cyc le.
Credit Reporting. We may report information about your Account to credit bureaus. tote 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 reporfinR agencies each month If yyoouu
believe that our report is inaccurate or incomplete, please write us of The following address Discover, PO Box 15316, Wilmington, DE 19830-531& Please
indkote your name, address, home telephone number and Account number.
Paying Interest: We begin to impose interest Charges on all transactions from the Transaction Dole for the transaction shown on your 61ke sat em nit
unless a tronsoction is posted to your Account after the close of the billing period in which it occurs, in which case we 6 in o impose interest charges on that
transaction from the first day of the billing period in which it is posted to your Account . We continue to impose Interest Charges until the dote you pay your
entire New Balance shown on your billing statement by making payments or receiving credits. IF you paid the New Balance on your previous billing statement
by The Payment Due Dote shown on Tat biking statement, we w81 not impose Interest Charges on new purchases, that is, purchoses first appearing on the
current billing statement, or any portion of o new purchase, paid by Tie Payment Due Dole on your current biking statement. We call this Ike'gime period 'It
Is notion than 25 cloys. There is no grace period on balance transfers or cash advances. As more fully described in the section of your Cordmember
Agreement Wed 'How We Apply Payments,' we generally apply payments to your Account based on the APR applicable to the balance of each transaction
category . This mans That If If you do not paythetsew-solance on7ke-currentbilkng soiemenlby The PaymeinrDueDole shown on that billing statement, then,
pending on the aount your payment and the APRs on other balances, you may not get a grace period on new purchases.
Minimum Interest Charge. We will charge you a minimum Interest Charge of S.50 for any billing period in which Interest Charges of less than $ 50
would otherwise be imposed
Annual Fee. If your Account has an annual fee, it will be billed at the beginning of each anniversory year your Account is open The amount of The fee
appears on the satement when the fee is billed. The annual lee is not refunciable unless you notify us that you wish To close your Account within 30 days at the
mailing w delivery date of the solement on which the Fee is billed. You will receive this refund even if you use your Card during that period.
How We Calculate interest Charges - Daily Balance Method (including current transactions): We Figure Interest Charges for each biking
period. To do this.
We calculate your Interest Charges separately for each balance subject o different terms (for example, standard purchases, standard cash
odvonces and each purchase, balance transfer and cash advance bolonce subject so promotional Terms). We refer to These balances as
transaction cobgories.
• We Figure the'dody balance' for each transaction category To get the daily balance' we sake the be9-:nn-.n.%.:71-.y be for each day, add any
new Transactions and lees and any Interest Charges occiued on the previous day's daily balance. We credits and payments and
make other adjustrnents (including those adjustments required in The section lid d'Paying Interest'). In cokulating the daily bolonce fat the fast
day of the billing period, we consider the 'previous day's doily balance' o have been your balance on the last day of your previous billing
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Discover Bank
c/o DB Servicing Corporation
Plaintiff
VS.
DAVID M HERR
Defendant(s)
c
No. 2011-3579 -''
- ,`
C
- Na
u -Q
-<
C"D
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above referenced account as discontinued without prejudice.
Respectfully submitted,
Amy F. D,)?1062
Schlee & f{an, LLC
11 E. Market St, Ste 102
York, PA 17401 (physical address)
PO Box 251298 (processing/mailing address)
West Bloomfield, MI 48325
248/851-6000, Ext 601 (phone for Courts/Attorney)
888/286-5001 (phone)
443/588-0417 (facsimile)
File No. 10007303