HomeMy WebLinkAbout11-5058IN THE COURT OF COMMON PLEAS OF
CUMBERLAND, PENNSYLVANIA
Discover Bank
c/o DB Servicing Corporation
6500 New Albany Road East
New Albany, OH 43054
No. I I- s6 J ? 610
Plaintiff
VS.
CIVIL ACTION - LAW
MATTHEW D WALKER
1115 FLORIBUNDA LN
MECHANICSBURG, PA 17055-5302
Defendant
NOTICE TO DEFEND
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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
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e9- a6U7?,2-
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
MATTHEW D WALKER
1115 FLORIBUNDA LN
MECHANICSBURG, PA 17055-5302
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
despu6s 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 falls 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.
LISTED 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.
MATTHEW D WALKER
1115 FLORIBUNDA LN
MECHANICSBURG, PA 17055-5302
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, MATTHEW D WALKER, is an adult individual, residing at:
1115 FLORIBUNDA LN
MECHANICSBURG, PA 17055-5302
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-
3558) (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
$3,016.90. 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 $3,016.90, plus reasonable attorney's fees, costs and prejudgment interest.
WHEREFORE, Discover Bank demands judgment against Defendant on County 1 in the sum of
$3,016.90, 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 $3,016.90, 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 $3,016.90,
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 $3,016.90, 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 $3,016.90.
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 k
PA S
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
STATE OF OHIO
COUNTY OF FRANKLIN
W4 ?/44(n? VERIFICATION
I T2 d am a Legal Placement Account Manager for DB Servicing
Corporation, the 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.
3. Entries in the files and business record of Plaintiff are made contemporaneously with transactions
in order to preserve the accuracy of the transaction.
4. Plaintiffs 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, Matthew D Walker, to Plaintiff, upon Account
Number XXXXXXXX-XX-3558, the amount of $3016.90, 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.
r' Affiant
-A h1,1A 00 ? V S orn to and Subscribed before me this
(?` day of, 20-0-.
Notary Public
TIFFMYADAIR
N*y Pft Spa of Ohio
My COIL ftM B0"
June 23, 2014
DISCOVER'
YOUR DISCOVER° BUSINESS
CARD ACCOUNT
CAMMEMBER_AGREEM&ff .:..............Pages 1-14
The terms and conditions of your Account. Inducting
how we calcutate finance charges, our fees and an
Arbitration of Disputes. section, You have the right to
e arbltratlDa.prdvislan w(1i 7t td1 rout
newAccowt wfddh 30 days after recelving your Carta;
as ea?)lalned in the-'Right to Reject A Wtradon" .
section at page 13.
PRIVACY POUCY ......................... Pages 14-16
A 94mmaryof the personal information we collect,
safeguard ttx confidentiality and security of
information. Thou may milt-ourshadrg of such
Information with others ai eVialned'In section 4 of
the Privacy Poacyatpage 1S.
DESCMq ON•OFCOVERAGE .:.............Pager 16-25
The terms and conditions of the Common Carrier
Aaddent insurance and the Primary Collsion Damage .
Walm that Is provided at no..dwrge to you when
y6u use your Card: to Pundtase-aldine. or other
commowcarier tickets or rent an automobile.
GLOW 7RIIr)/1 L9M: H0TWNF, .....................Pages 2S
The terns and conditions of this free travel assistance
benefit
02010 DWOWx Barr Member FM TL22EF 0210
1WIM -SM-12AM I
CAR. DMEMHER AGREEMENT
Please read ft Agree and catef* before using your 04coveta &uiness
Cud Account. It ccrstatrls the tams and amdiliorrs of yaw Account some
of widdr may have dwged front earier materuhpnwided to you. In the
iwrq of. cry Mmwtces this -Agreem t shat cantor V%r?e?
privacx See the Privacy section an page 10. and our Privacy PoiCy of
additional Hon w"L the AditWon of DiwAn section on page 11
irdudes a waW of a number of dgh% thes?t to a jury trial.
the Right b Rejea AdAbation section anidesa&s d*W*Gedm
YOUWAM idlow If you desire to rieW the Arfihatian of Disputes
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DISCOVER
i
New Balance Minimum Payment Due
S3,016.90 53,01690
Payment Due Date
March 10, 2011
15 SDSN6A010000722
MATTHEW WALKER
1115 FLORIBUNDA LN
MECHANICSBURG PA 17055-5302
Address, e-mail or telephone change?
Go to www.Discaver.com or print change in space above.
Account Number ending in 3558
Enter Amount Enclosed Below
$ -I
Please make check payable to Discover Card.
Minimum pa
yment due Includes a post due
amount of 5691.00. Phone and internst
payments must be mode by 5:OOpm ET for same
day postingGo paerless and make your account
information more secure with password-
protected statements only you can access.
Learn more at discover.comlpapedess.
PO BOX 6103 Ill arllrrrurllrlrlnlnll
CAROL STREAM IL 60197-6103
I1 111111111111 1111161111111 111Iimm111 lrmmrmllrl1111111111 lm111
000001986458151213036030169000000000301690
Upening Dote: February 1, 2011 - Closing Date: Fabr
Discover Open [toad Card Account Summa
Account number ending in 3558
Previous Balance $3,016.90
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 $3,016.90
See Interest Charge Calculation section following
transactions for detailed APR information
Credit line $2,000.00
Credit Line Available _ $0.00
Cash Advance Credit Line $0.00
Cash Advance Credit Line Available $0.00
Cashback BonuO Anniversary Month
October
Opening Cashbock Bonus Balance $ 0.00
New Cashback Bonus This Period + 0.00
Cashback bonus Balance $ 0.00
To kom more, log in om www.DiwAwar.com
nary 15, 2011 page 1 of 2
Payment Information
New Balance $3,016.90
Minimum Payment Due' $3,016.90
Payment Due Date March 10, 2011
'Includes past due amount of .$691.00
Lift Payment Warning: If we do not receive your minimum
payment by the date listed above, you may have to pay a late
Fes 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 Waning: 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:
au Y I M
atr
.NiAq€ 4 aro lhis ? In
F
y the minimum
on, 9 Yom $3,017
payment
If you would like information about credit counseling services,
toll 1-800.347-1121.
3 Easy Ways to Contact Us Monmp Your Account Onlirm at www.Discov*r.com
1. Access your account securely at www.Discover.com
2. Call 1-800-DISCOVER (1-800.347-2683`
Please have
our Di
0
d
il
bl Access free online tools like Paydown Planner to create a plan I
to pay down your balance, securely access statements, pay
y
scave
car
ava
a
e.
3. Write to us at Discover PO Box 30943 bills online and easily track all transactions
,
Sala Lake City, UT B41 50 (Not a payment address)
Make your money worth moresm-find easy ways to earn
For payments, please send to address on remittance or and redeem cash rewards
Discover, PO Boxfr103, Carol Stroam,-IL-60197=6-103- - NEWT Access your octaunt-securety through you
For TDD (Telecommunications Device for the Deal) u}
mobile phone WIN
assistance, please call 1-800-347.7449.
Trans.
Dais
TOTAL FEES FOR THIS PERIOD
Transactions
Fees
Inlsrest amrged
TOTAL MMST FOR THIS PERIOD
$ 0.00
$ 0.00
2011 Totals Year-to-Date
DISCOVER
N pays to MATTHEW WALKER
DISCOV?g Account number ending in 3558
page 2 of 2
trNerest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Cwsent ding Period: 1S days
TYPE Of BALANCE ANNUAL PERCENTAGE
RATE (APR)
Purchases 29.99% V
Cash Advances 29.99% V
V = Variable Rate
BALANCE SUBJECT TO INTEREST CHARGE
INTEREST RATE
$0 $0
$0 $0
Additiond Important k4wrridtfon
See your Cardmernber Agreement. Your Cardmember Agreement contains all the terms of your Account.
Lost or stolen cards. Report immediatelyl CdA 1-800.347-2683.
What To Do N 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, Soft Lake City, UT 8A 130A421.
In your (enter, 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 hove 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 Ihwt amount.
• The charge in question may remain on your statement, and we may continue to charge you interest on Phot amount. But, if
we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related
to that amount.
• While you do not have to pay the amount in question, yyoouu are responsible for the remainder of your balance.
• We can apply any unpaid amount against your credit (imOU4.
Your n4hts K You Are Aissaftefred With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit cord, and you have tried
in good faith to correct the problem with tits 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 550. )Note: Neither of these are necessar
y if yaw 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 cord account do not qualify.
3. You must not yet have fully paid for the purchase.
If.all-of .she.criteria .above -are metand you. are.still dissatisfied with the purchase; contact us in writing at.,
Discover, PO Box 30945, Sak Lake City, UT 84130.0945
While we investigate, the same rules . pply 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 cosh. By
sending your check as described above, you authorize us to use information on your check to make an electronic fund
transfer from our account at the financial institution indicated on your check or r process the payment as a check G
transaction. 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 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. r
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 ether address or if you use an envelope other than the one provided. Payments revived in proper
form at our processing facility by 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 yyoouur Account as of the next day. If you have
misplaced your onvebpe, send your payment to Discover , PO Box 6103 Cdrol Stream, IL 60197-6103. Please allow 7-10
days For c6 ivery. If your payment is returned unpaid, we reserve the right to 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 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 be asked to rovide the
first 5 digits of your account statement ZIP code. By entering those numbers as your electronic signature, you wilpl be agreeing j
to this authorization to allow us and your bank to diduct each payment you authorize from your bank account, and to initiate
debit or credit entries to your bank account, as applicable, to correct an error in the processing of such pa mend 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 con cgncel a _ _ __ ent however we-must reseiv4 notice at best three bysjness dQA in Qdv9rtc4 Of the
scheduled pa exit. You may main us by phone at 1-800-347-2683 or byy m?ail at the address listed in the eviouprs
par raph. If your Payments vary in amount, we will 0 you on each mordhly statement when your ent wiI be made
rand much it will lie. Your automatic payment amount may be less than indicated on the monthly statement based on
credits or payments applied during the billing cycle.
Credit Reportiisg. We may report information about your Account to credit bureaus. Lds poymenh, missed payments, or
LAu's dsfaon yor Acccot b crirethe folkswiritelephrxie number and Account number.
1
Paying interest We in to impose Interest Charges on all transactions from the Transaction Date for the transaction shown
on your billing stateme 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 pay your entire Now Balance shown on
your biging stotement by making payments or receiving credits. If you paid the New Balance on your previous billing
statement byhfhe Payment Due bale shown on that billing statement, we vn'It not impose Interest Charges on new purchases,
that is, pure ses first appearing on the current billing statement, or ar?r portion of a new purchase, poll by the Payment Due
Dote on your current billing statement. We call this tFa "grace period. It is not less than 25 days. There is no grace period
on balonce transFers or cash advances. As more fuNy described m the section of your Cardmember q?reement titled How
We Apply Payments," we generally apply payments to your Account based on the APR applicable to tFie balance of each
transo ion category. This means that 1 you do riot pay the New Balance on the current billing statement by the Payment Due
Date shown on tFiai 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 Charggee We will charge you a minimum Interest Charge of $.50 for any billing period in which Interest
Chorges of less than $.50 would otherwise be imposed.
Annual Fee. IF your Account has an annual fee, it will be billed at the be innin of each anniversary year your Account is
open. The amount of the fee appears on the statement when the fee is billed. The annual fee is not refund ble unless
noh(y us that you wish to close your Account within 30 days of the mailing or delivery date of the statement on which Z fee
fee
is billed. You will receive this refund even if you use your Card during that period.
How We Calculate In%rost 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 refer to these balances as transaction categories.
• We figure the "doily balance" For each transaction category. To get the "daily balance" we take the beginning
balance for each day, add any new transoctions and fees and any Interest Charges accrued on the previous day's p
daily balance. We then subtract any credits and payments and make other adjustments (including those m
adjustments required in the section tiled Poying_ Interest ). In calculating the daily balance for the first day of the °Z'
bi ing period, we consider the "previous day's daily balance" to have been your balance on the lost day of your o
previous bitting period. This gives us** 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 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 doily balance as of the first day of the billing period in which it is posted to our Account. AM
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 Cuerromy Fee: 2`k of the U.S. dollar amount of each purchase made in a foreign currency.
Ps? APRs: Eacfi time you fail to make a ent when due, we may, in accordance with applicable law, (i) terminate the
availo ility of on introductory/ omotional APRs on new transactions and (ii1 increase your APRs for new transactions to
variable Penalty APRs which will ?e determined by addinngg up to an odditiona(5per?entage points to the otF+erwise applicable
APR. Your Penalty APR is determined based on your ered'ihvorihiness and other Factors such as your current APRs, and your
account history: N your APRs for new transactions are increased for o fate poyrr?erri; the Penalty APRs will apply indefiniteFy.
For MD (Telocammunicalions Device for the Deaf) assislanee, please cap I-800-347-7449.
Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance
purpom-
The Discover"cord is issued by Discover Bank, Member FDIC
O1TBK 172
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02010 Diuov Baal. Member FDIC
PAPER 0310
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
i I AN 22 P 1: t? Ex
rw'11MB LAN
PEMSYt.V NIA
Discover Bank
vs.
Matthew D. Walker
Case Number
2011-5058
SHERIFF'S RETURN OF SERVICE
06/21/2011 Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2011 at
1940 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant,
to wit: Matthew D. Walker, by making known unto himself personally, at Trindle Bowl, 4693 E. Trindle
Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time
handing to him personally the said true and correct copy of the same. Deputies were advised, Matthew D.
Walker does not reside at 1115 Floribunda Lane, Mechanicsburg, Pennsylvania 17055.
SHERIFF COST: $48.00 SO ANSWERS,
June 22, 2011 RON R ANDERSON, SHERIFF
C1 Coun+yS i,te Sher';1. Te eosott. b8:.
Davila). Buell
Prothonotary
Office of the <Prothonotary
Cum6ertancf County, Qennsyfvania
�yrkS. Sofionage, ESQ
Solicitor
J!-3-as8 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 0 Suite100 0 Car[rsLe, TA ® (Phone 717 240-6195 0 rFaX 717 240-6573