HomeMy WebLinkAbout11-4956FILED-OFFICE
06' THE PROTHONOTARY
2011 SUN 15 PM 2.40
CU PENNSYLVANIA TY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
DINO HALITOVIC
Defendant
No: I `_ `ylq6V (
COMPLAINT IN CIVIL ACTION
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
09133103 C A Pit KMJ
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No
DINO HALITOVIC
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 individuals} residing at the address listed
below:
DINO HALITOVIC
431 1ST ST
CARLISLE, PA 17013
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX5417 .
4. Defendant made use of said credit card and has a current balance
due of $6883.29 , as of February 28, 2011 .
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
20.240% per annum on the unpaid balance from February 28, 2011 . 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 , DINO HALITOVIC individually , in the amount of
$6883.29 with interest at the rate of 20.240% per annum from February
28, 2011 plus attorneys' fees of $125.00 , and costs.
WEINBERG & REIS CO., L.P.A.
1FAX:41 Warmbro t,42524
nth Avenue, Suite 1400
gh, PA 15219
-7955
338-7130
C A Pit KMJ
This law firmis a debt collector attemmt ng to collect this debt for
our client and any information obtaine %ill be used for that purpose.
New Balance Minimum Payment Due
DISCOVER $6,883.29 $083.29_
Payment Due Date
DUE IMMEDIATELY
08 SDSWA01 0004535
DINO HALITOVIC
431 1ST ST
CARLISLE PA 17013-1802
Account Number ending in 5417
Enter Amount Enclosed Below
$[
Go paperless and make your account
information more secure with password-
protected statements only you can access.
beam more at discover.corrdpaperless.
PO BOX 6103 lllrullnnllnrlnlnrl?ll
CAROL STREAM IL 60197-6103
Address, ?-mail or rgopnore charge?
^-o to www.0iscover.com or print (iI I fiI if ni u I I itiii1, it I I i)I inI l?j1rn u iinui?niiI
change in space oboes
000001986458336730391068832900000000688329 EXHIBIT
I
Opening Date: March 1, 2011 - Closing Date: March 8, 2011
Discover More Card Account Summary
Account number ending in 5417
Previous Bolnnce $6,883.29
Payments And Credits 0,00
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
Fees Charged + 0.00
Interest Charged +
- 0.00
-- -
New Balance -
-$6,883.29
See Interest Charge Calculation section following
transactions for detailed APR information
Credit Lne $6,000.00
Credit Line Available $0.00
Cash Advance Credit Line $0.00
Cash Advance Credit Line Available $0.00
Cash back Bonuse
Anniversary Month
February
Opening Cashback Bonus Balance $ 0,00
New Cashback Bonus This Period + 0.00
Coshbadc Bonus 6a6rce $ 0.00
To learn more, log in or www.Discover.com
3 Easy Ways to Contact Us
1 Access your account securely at www.Dimoyer.com
2. Call 1-800-DISCOVER 11-800-3,47-2683
1
Please have your Discovere card ovoilab e.
3. Write to us at Discover, PO Box 30943,
Salt Lake City, UT 84130 'Not a payment address)
For payments, please send to address on remittance or
Discover, PO Box 6103, Card Stream, IL 60197-6103
For TDD {Telecommunications Device for the Deaf)
assistance, please call 1-800-347-7449
page 1 of 2
Payment Information
New Balance $6,883.29
Minimum Payment Due' $6,883-29
Payment Due Date DUE IMMEDIATELY
`Includes past due amount of $1,422.00
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 and your purchase and balance transfer
APRs for new transactions may be increased up to the Penalty
APR of 25.24% variable.
Minimum Payment Warning: 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
If you make no You wig pay off the And you wiR end
4cnaf Zhdrgss balance shown on up paying on
using this card and is statement in estimated total of
month you pay • gbouf:
Only the minimum 8 years $6,883
payment
If you would like information about credit counseling services,
call 1-800.3,47.1121
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 more sr? -find easy ways to earn
and redeem cosh rewards
• NEWT Access your account securely through your
mobile phone
Transactions
Trans. Post
9133103 Date Date
Fees TOTAL FEES FOR THIS PERIOD $ 0.00
Interest Charged TOTAL INTEREST FOR TM PERIOD $ 0,00
2011 Totals Year-to-Date
TOTAL FEES CHARGED IN 2011
TOTAL INTEREST CHARGED IN 2011
$ 70 00
237 50
NOTICE. SEE REVERSE SIDE FOR IMPORTANT INFORMATION D'SCIVER
I
Paperless statements mean less clutter, more convenience
Easily access up to 24 months of downloodoble, password protected statements.
• See your statement as soon as it's available rather than wait for it to arrive in your mailbox.
• Get helpful payment reminders through e-mail or text messages on your mobile phone.
- Pr nt a caper copy of your statement anytime.
- Sign up today at Discovercom/poperless
22010 D.--- Bank, Membn FDIC PAPER 03 10
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9133103
Questions? Visit www.Discover.com or
call 1.800-DISCOVER (1.800-347-2683). DISCOVER
DISCOVER
It pays to DINO HAUTOVIC
avm Account number ending in 5417
page 2 of 2
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Current Biting Period: 8 days
TYPE OF BALANCE
Purchases'
08/25/2010 and after
08/24/2010 and prior
Cash Advances
ANNUAL PERCENTAGE
BALANCE SUBJECT TO
INTEREST RATE
INTEREST CHARGE
20.24% V
18.24% V
23.99%
$0
$0
$0
$0
$0
$0
V = Variable Rate
Dates apply to ron-promotional purchases and to expired promotions with start dates within the spac:had dote range
Additional Important Information
See your Cardrnember Agreernew. Your Cardmember Agreement contains all the terms of your Account
Lost or stolen cards. Report immediately! CoN 1-800-347-2683.
What To Do If You Think You Find A Mistake On Your Statement
If you think there is on error on your statement, write to us at: Discover PO Box 30,421 SON Lake City, UT 84 1 30-042 1
In your letter; give us the following information:
Account information: Your name and account number.
Dollar amount: The dollar amount of the suspected error
Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe
it is a 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 call us, but if 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 or not there has been an error, the following are true:
We cannot try to collect the amount in question, or report you as delinquent on that amount.
The charge in gueatian may remain on your statement, and we may continue to charge you interest on that amount. But, if
to that etermine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related
to amount.
While you do not have 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 Rights If You Are iDissat"ed With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried
in good faith to correct the problem with the merchant, 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 purchase must have been mode in your home state or within 100 miles of your current mailing address, and
the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was
based on an advertisement 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 purchase. Purchases made 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.
If all of the criteria above are met and you Oro still dissatisfied with the purchase, contact us in writing at-
Discover , PO Box 30945, Soft Lake City, UT 84130.0945
While we investigate, the some rules Opply 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 an amount and you do not pay we
may report you as delinquent.
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 r check to make an electronic fund
transfer from Your account at the financial instihAion indicated on your check orb process the payment as a check
transaction. If payment is processed as an electronic kind 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 some day we receive your payment, and you will not receive your check bock from your financial institution.
The processing of your payment may be delayed if you send cash, conespondernca or other items with your payment, if you
send the payment to any ether address or if you use an envelope other than the one provided. Paymenb received in proper
form Ot our processing facility by SPM local time on any will be credited to your Account as of that day. Payments
received aT our processrrng facility aker SPM local time will credited to your Account as of the next day If you have
misplaced your envelope, send your payment b Discover PO Box 6103 Carol Stream, IL 60 1 97-61 03 Please allow 7-10
days for delivery. If your payment is returned urq?aid, we reserve the rigFit b resubmit it as an electronic debit.
You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call
us at 1-800 347-2683. You well need this statenent 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 Z10 code. B entering those numbers as your electronic signature, you will be agreeing
to this authorization to allow us and your bank to %duct each payment you authorize from your bank account, and to initiate
debit or credit entries to your bank account, as cieicobk, to correct an error in the processing of such payment. You must
tell us the amount of each payment or you can seed an amount such as the Minimum Payment Due or the Now, Balance on
each statement. You can cancel a end; however we must receive notice at least three business days in advance of the
scheduled payment You may noli us by phor» at 1-800.347-2683 or by mail at the address listed in the provious
paragraph. If your payments vary in amount, we will tell you on each monthly statement when your serf will be made
and how much it will be. Your automatic payment amount may be less than indicated on the monthshtement based on
c94i$&t6)*3 rents 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 Ogencies each month. If you believe that our report is inaccurate or incomplete, please write
us at the following address: Discover, PO Box 15316, W lmington, DE 19850-5316. Please indicate your name, address,
home telephone number and Account number
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER
Paying Interest We begin to impose Interest Charges on all transactions 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 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 paygur entire New Balance shown on
your billing statement by making payments or receiving credits. If you paid the New Ba once on your previous billing
h
statement by t
e Payment Due Date shown on that billing stdement, we will not impose Interest Charges on new purchases,
that is, purchases first a pearing on the current billing statement, or ant portion ofanew purchase, paid by the Payment Due
Date on your current billing statement, We call this the "grace period. It is not less than 25 days C. is no 9r«e period
l
b
f
on
ance trans
a
ers or cash advances. As more fully described m the section of your Cordmember Agreement titled "Now
We Apply Payments," we generally apply payments to your Account based on the APR applicable to the balance of each
transaction category. This means that if
ou do not
a
the New Balance on th
t billi
t
t
b
h
P
y
p
y
e curren
ng s
a
ement
y t
e
ayment Due
Date shown on that billing statement, then, depending on the amount of 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 $.50 for any billing period in which Interest
Charges of less than S 50 would otherwise be impose&
Annual Fee. If your Acco urn has an annual fee, it will be billed at the oeginnins of each anniversary year .our 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 that you wish to close your Account within 30 days of the mailing or delivery date of the statement on which 1} a fee
b
is
illed. You will receive this refund even if you use your Card during that period.
How We Calculate Interest Charges Daily Balance Method Including current iransoctions): We figure Interest Charges for
each billing period. To do this:
We calculate your Interest Charges separately for each balance subject to different terms Ifor example, standard
pufc`.cset stand-:d 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 take the beginning
balance for each cloy, add arty new transactions and Fees and any Interest Charges accrued on the previous day's
dail
balance
We then subtr
t
dit
d
d
k
o
y
-
ac
any cre
s an
payments an
ma
e other adjustments (including those
cl*ustmenfs required in the section titled "Paying Interest"). In calculating the daily balance for the first day of the
bil?ing period
we consider the "
revious da
's dail
bal
n
" t
h
b
l
h
l Z
o
o
,
p
y
y
a
ce
o
ave
een your
ance on t
e
ost day of your
previous billing period. This gives us the daily balance for each transaction category. o
We fi ure 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 the billing period are the sum of the daily Interest Charges for each transaction n
category for each day during that billing period. x
When we calculate daily balances, we odd a new transaction as of the Transaction Date shown on your billing statement
,
unless the transaction is posted to your Account after the close of the billing period in which it occurs, in which case the
transaction will be added to the dally balance as of the first day of the billing period in which it is posted to your Account. All
fees charged to your Account are added to the standard
urchase tran
ti
t
ith th
h
p
sac
on ca
egory w
e exception of Cas
Advance
Fees which are added to the applicable cash advance transaction category and Balance Transfer Fees which are added to
the applicable balance transfer transaction category.
Foreign Currency fee: 2% of the U.S. dollar amount of each purchase made in a foreign currency
Penalty APRs: Each time you fail to make a payment when due, we may, in accordorce with a licable law, (i) terminate the
availability of any introductory/ omotional APRs on now transactions and (ii? increase your APRs for new transactions to
variable Penalty APRs which will be determined by adding up to an a ditiono 5 percentage points to the otherwise applicable
APR Your Penalty APR is determined based on your creditworthiness and other factors such as your current APRs, and your
acccunt history. It your APRs for new transactions are increased for a late payment, the Penalty APRs will apply indefinitely.
For MD (Telecommunications Device for the Deaf) assistance, please cab 1-800-347-7449.
Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance
purposes.
The Discover"card is issued by Discover Bank, Member FDIC
9133103
O 1'BK 177
QU@St10f1S? Visit www.Discover.com or
call 1-800-DISCOVER (1-800-347-2683) DISCOVER
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 Natasha Szczvgiel, Legal Placement Account Manager
(Name) (Title)
of DB Servicing Corporation successor to DFS Services LLC servicing, agent for Discover Bank
(Company)
plaintiff herein, that 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.
WWR# 9133103
Dino Halitovic
6011002226615417
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
C, ?a -7-1
Ronny R Anderson 7:7:3: --= --1
Sheriff -
t =i ?y
Jody S Smith rri
Chief Deputy --
Richard W Stewart r---Z7 E
Solicitor
Discover Bank
Case Number
vs
.
Dino Halitovic
2011-4956
SHERIFF'S RETURN OF SERVICE
06/17/2011 09:10 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a
diligent search and inquiry for the within named defendant to wit: Dino Halitovic, but was unable to locate
him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant
Dino Halitovic. Request for service at 431 1st Street, Carlisle, Pennsylvania 17013 the Defendant was not
found. Sheryl Baade, current resident advised Deputies, Dino Halitovic moved from this residence two
years ago and is thought to be residing in Florida.
SHERIFF COST: $39.00
June 20, 2011
SO ANSWERS, '
RON R ANDERSON, SHERIFF
(c) CounfySuite jheriff T&easof't. (ne,-,
.
OF THE FI-OFFICE
PROTHONOTAf O
2012 JAN 19 AN 10: 22
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Sarah E. Ehasz
I.D. No. 86469
436 Seventh Avenue 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
Fax: (412) 338-7130
File # 9133103 SEE/SJS
DISCOVER BANK
VS.
DINO HALITOVIC
CUMBERLAND COUNTY
PENNSYLVANIA
Attorney for Plaintiff(s)
Cumberland County
Court of Common Pleas
No.: 11-4956-CIVIL
PRAECIPE TO DISMISS WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss the above matter without prejudice.
WELTMAN, WEINBERG & REIS CO., L.
By ?-? (- -
Sarah E. Ehasz, Esquire
Attorney for Plaintiff
111111111111 IIIII 11f1 IIINI 11111 IIIII 11111111111111111111 IN 11111111
DINO HALITOVIC
431 1ST ST
CARLISLE, PA 17013