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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK qq?
Plaintif f No : L vs
CHRISTINE E GAMBLE
COMPLAINT IN CIVIL ACTION
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
09134094 C A Pit KMJ
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
S Civil Action No
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
_. Dareru:ant is adult indivi.dual(s) residincr at the address listed
'r? e, ow.
CHRISTINE E GAMBLE
1060 GREENSPRING RD
NEWVILLE, PA 17241
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX5376
4. Defendant made use of said credit card and has a current balance
due of $150:1.54 , as of March 31, 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
23.990% per annum on the unpaid balance from March 31, 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
_ - -; ^ reeacedly requested o _so b t l J erdant ha
P _ has
wiilfu_iiy tailed and/or refused to pay the balance due to Plaintiff.
Wherefore, the Plaintiff prays for Judgment in its favor and
against Defendant , CHRISTINE E GAMBLE individually , in the amount
of $1501.54 with interest at the rate of 23.990% per annum from March
31, 2011 plus attorneys' fees of $125.00 , and costs.
James Warmbrodt,42524
WELT WEINBERG & REIS CO., L.P.A.
436 Se e th Avenue, Suite 1400
Pitts r PA 15219
(412) 43 -7955
FAX: 12 338-7130
0913 09 C A Pit KMJ
This law firm is a debt collector attemp g to collect this debt for
our client and any information obtained ill be used for that purpose.
r ! New Bakmce Minimum Payment Due 1 Account Number ending in 5376
DISCS .VER' $0.00 $341.00 j Enter Amount Enclosed Below
Payment Due Dote - - $ ---- -?
Apra 26, 2011
31 SDSN6A01 0005525
CHRISTINE GAMBLE
1060 GREENSPRING RD
NEWVILLE PA 17241-9691
Go paperless and make your account
information more secure with password-
protected statements only you can access.
Learn more at discover.cornipaperless.
PO BOX 6103 Illrrrllusrrllr?rrll?llrrl
CAROL STREAM IL 60197-6103
Address. e-mcii or teleanons charge' 7 1 {t7 7 f { {{ 1 }
3c 'o www.Discover.com or print change m ;pace ooove.
000001986618038365511000000000000000034100
Opening Date: March 24, 2011 - Closing Date: March 31, 2011
Discover More Card Account Summary
Account number ending in 5376
Previous Balance $1,501.54
Payments And Credits 1,501.54
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
Fees Charged + 0.00
Interest Charged + 0.00
New Balance -- $0.06
See Interest Charge Calculation section following
transactions for detailed APR information
Credit Line $11,600.00
Credit Line Available $0.00
Cash Advance Credit Line $5,300.00
Cash Advance Credit Line Available 50.00
Anniversary Month
November
Opening Cashback Bonus Balance 5 0.00
New Cashback Bonus This Period + 0.00
Cashback Bonus Balance 5 0,00
To learn more, log in at www.Discoveacom
page 1 of 2
Payment Information
New Balance $0,00
Minimum Payment Due $341.00
Payment Due Date April 26, 2011
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 28.99% voriab6.
Manage Your Account Online at www.Discover.com
• Securely access statements and free online tools, pay bills
online and track and view all transactions simply and easily
• Make your money worth more Sm-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 at www.Discover.com
2 Call 1-800-DISCOVER (1-800-347-2683)
Please have your Discovsre card available
1 Write to us at Discover, PO Box 30943,
Soft Joke City, UT 84130 (Not a payment address)
For payments, please send to address on remittance or
Discover PO Box 6103, Card Stream, IL 60 1 97-6 1 03
For TDD (Telecommunications Device for the DeaQ
assistance, please call 1-800-347-7449.
Transactions
Trans. Post
Date Date
Payments and Credits Mar 31 Mar 31 INTERNAL CHARGE-OFF $ 1,501.54
Fees TOTAL FEES FOR THIS PERIOD $ 0.00
6serest Charged TOTAL INTEREST FOR THIS PERIOD 5 0.00
2011 Totals Year-to-Date
TOTAL FEES CHARGED IN 2011 S 105.00
TOTAL INTEREST CHARGED IN 2011 96.56
9134094
ENIF
1
NOTICE- SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER
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.
• Print a paper copy of your statement anytime.
• Sign up todov of Disc over.comfpaperless
i
'92010 D-- Back, Member FDIC
PAPER.0310
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9134094
Questions? Visit www.Discover.com or
call 1.800-DISCOVER )1-800-347-2683) DISCOVER
DISCOVER
It pot's to CHRISTINE GAMBLE
__ Account number ending in 5376
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Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Current BAing Period: 8 days
TYPE OF BALANCE
Purchases
Cash Advances
V = Variable Rate
RATE ( L PERCENTAGE BALANCE SSUL ECT TO INTEREST CHARGE
23.99% $0 50
28.99% $0 $0
Additional Important Information
See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account.
Lost or stolen cards. Report immediately! Call 1-800-347-2683.
What To Do if You Think You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at: Discover PO Box 30421, Salt 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 ore 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 ore true:
• We cannot try to called the amount in question, or report you as delinquent on that amount.
The charge in question may remain on your statement, and we may continue to charge you interest an that amount. But, if
we determine that we made a mistake, you will not have to pay the amount in question or any interest or offer fees related
to that 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 ff You Are Dissatisfied 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 fried
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:
1 The purchase 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 than $50. (Nob: Neither of these are necessary if your purchose 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 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.
If all of the criteria above are met and you e still dissatisfied with the purchase, contact us in writing ot:
Discover PO Box 30945, Salt Lk. City, UorT 84130-0945
While we investigate, the some 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 an amountand 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 rrof send cash. By
sending your check as described above you authorize us to use information on your check to make an electronic Fund
frorufer ham your account at the financial institution indicated on your check or to process the payment as a check
fransaclion. It 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 io make an electronic Fund transfer, funds may lea withdrawn from
your account as soon as
the some day we recewe your payment, and you will not receive your check back from your financial institution.
The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you
send the payment to any e?hx address or if you use an envelope other than the one provided. Payments received in proper
form at our processing facility 6y 5PM local time on any dayy will be credited to your Account as of that day. Payments
received at our processing facility after 5PM local time will be credited to your Account as of the next day. If you have
misplaced your envelope, send your payment to Discover, PO Box 6103 Carol Stream, IL 601 97-61 03. Please allow 710
days for delivery. If your payment is returned unpaid, we reserve the riq?t to resubmit it as an electronic debit.
You can pay your minimum payment or a greater amount over the telephone, and you con set up automatic poyments. Call
us at 1-800 347-2683 You will need this statement and your bank account information. You must ensure that sufficient
funds are available in your bank account, and all transactions must comply with U.S. law. You will 6e asked to pr??id? the
First 5 digits of your account statement ZIP code. By entering those numbers as your electronic i nature, you evil! bs a$rosing
to this authorization to allow us and your bank to deduct each payment you authorize from your book account, and to initiate
debit or credit entries to your bank account, as applica6le, to correct an error in the processing of such payment. You must
tell us the amount of each payment or you can select an amount such as the Minimum Payment Due or the Now Balance on
each statement. You can cancel apa yment; however we must receive notice at least three business days in advance of the
scheduled payment. You may no?i yl us by phone at 1-800-347-2683 or by mail at the address listed in the pr
par roph. If your payments vary in amount, we will tell you on each monthly statement when your ert ZI smade
andl w much it will be. Your automatic payment amount may be less than indicated on the month sMemwit based on
credits or payments applied during the billing cycle.
Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or
other `defaults on your Account may be reflected in your credit report. We normally report the status and payment history of
y'dlifreal is credit reporting agencies each month. If believe that our report is inaccurate ar incomplete, please write
us wing address: Discover PO Box 15316, Wilmington, DE 19850-5316. Please indicate your name, address,
home telephone number and Account number
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DiX Ep•
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 date 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 Date shown on that billing statement, we will not im se Interest Charges on new purchases,
that is, purchases first appearing on the current bill-ng statement, or anZ portion ofanew purchase, paid by the Payment Due
Date on your current billing statement. Wa call this the "grace period. It is not less than 25 dayyss There is no race period
on balance transfers or cash advances. A. more fully described in the section of your Cardmember Agreement tided "How
Apply Paymentswe generally apply poymenh to your Account based on the APR applicable to the balance of each
kansaction category This means that if you do not pay the New Balance on the current bilking statement by the Payment Due
the
to 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.
Minimarn Interest Chargge. We will charge iou a minimum Interest Charge of 3 50 for any billing period in which interest
Charges of less than $ S0 would otherwise oe mcosed
Annual Fee. If your Account has an annual ee. ,r will be billed at the oeginn,rp of each annrver-,ory year vour Account is
open i he amount of the fee appears on the statement when the fee is billed. ne annual fee is not refurtable unless you
not.fy us that you wish to close your Account within 30 days of the mailing or delivery date of the statement 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 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 tefer 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 day, add any new transactions and fees and any Interest Charges accrued on the previous day's
daily balance. We then subtract any credits and payments and make other adjustments (including those
adjustments required in the section titled "Paying Interest"). In calculating the Baily balance for the first day of the
bring period, we consider the "previous day's daily balance" to have been your balance on the last day of your
previous billing period. This gives us the daily 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 the billing period are the sum of the daily Interest Charges for each 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 bil irg statement,
unless the transaction is posted to your Account after the close of the billing period in which it occurs, to which case the
transaction will be added to the daily 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 purchase transaction category with the exception of Cash 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 accordance with applicable law, (i) terminate the
availability of any introductory/promotional A Rs on new transactions and (ii increase your APRs for new transactions to
variable Penalty APRs which will be determined baddy -ng up to an oc?ditiona 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
account history. IF your APRs for new transactions are increased for a late payment, the Penalty APRs will apply indefinitely,
for MD (Telecomnumicalions Device for the Deaf) assistance, please call 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 otTBK)rt
9134094
Uueshons f Visit www.Discover.com or
call 1-800-DISCOVER (1.800-347.2683) DISC*VEI
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 went 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# 9134094
Christine E. Gamble
6011298697075376
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
? ?tp pt cuuzbrq 4r'?
FILED-OFFICE
OF THE PROTHONOTARY
2011 JUN 29 Ali 9= 21
Richard W Stewart
Solicitor
Discover Bank
vs.
Christine E. Gamble
CdFF E ?:.c Tt-:F -RIFF
CU P?NSYLVICOUNTY
Case Number
2011-4962
SHERIFF'S RETURN OF SERVICE
06/23/2011 04:35 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 23,
2011 at 1635 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Christine E. Gamble, by making known unto herself personally, at 1060 Greenspring
Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to
her personally the said true and correct copy of the same.
SHERIFF COST: $40.00
June 27, 2011
TIM BLACK, DEPUTY
SO ANSWERS,
RON ~ R ANDERSON, SHERIFF
ri G0'L Suit- Shenit. Tel e.^,sotI Inc.
FILED-OFFICE
OF THE PROTHONOTARY
2011 JUL -5 AN 11: 04
CUMBERLAND COUNTY
P,E-?1NSYLVANIA
Plate D tSCOV e r' k In = No. I i -44 b 2 C i v i
(N6G--L1teL E , G-amb I e- _x
As and hr his/her answer to tha complaint heroin, the dda dent t1 (jUjM reapecdblly shows and &Uaps as Wows:
. Admits the truth of the allegations of Paragraph(s) of the complaint
DaW the knowledge or adbunation sufficiad to farm a balief as to the
truth of the allagsdm of Paragraph(s) of The complaint.
i . Daoias the allegations of Paragraph(s) of the complaint.
r --