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Home My WebLink About11-5109t ILEO-OFFICE L THE PROTHONOTARY 2011 JUN 21 PM 1: 22 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK 510 NiI Plaintiff No: VS. SUZANNE L MORGAN ERIC MORGAN COMPLAINT IN CIVIL ACTION Defendants 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 09091050 C P Pit SJS LJ al%A " 9D. 'Do C!L 9) c (ZEE, w s u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No SUZANNE L MORGAN ERIC MORGAN Defendants 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. Defendants are adult individual(s) residing at the address listed below: SUZANNE L MORGAN 305 WIDDERS DR MECHANICSBURG, PA 17055 ERIC MORGAN 305 WIDDERS DR MECHANICSBURG, PA 17055 3. Defendants applied for and received a credit card bearing the account number XXXXXXXXXXXX9397 . 4. Defendants made use of said credit card and has a current balance due of $14875.35 , as of March 17, 2011 . 5. Defendants are 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 16.990% per annum on the unpaid balance from March 17, 2011 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit I'll, and made a part hereof. 7. Plaintiff avers that the Agreement between the parties provides that Defendants 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, Defendants have willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and , against Defendants , SUZANNE L MORGAN AND ERIC MORGAN INDIVIDUALLY in the amount of $14875.35 with interest at the rate of 16.990% per annum from March 17, 2011 plus attorneys' fees of $125.00 , and costs. James Warmbrodt,42524 WELTMAYJ WEINBERG & REIS CO., L.P.A. 436 S nth Avenue, Suite 1400 Pitts u gh, PA 15219 (412) 4 4-7955 FAX: 41 -338-7130 0909 0 0 C P Pit SJS This law firm is a debt collector attemong to collect this debt for our client and any information obtained ill be used for that purpose. P New Balance I Minimum Payment Due Account Number ending in 9397 DISCOVER $14,875.35 $1,476.00 Enter Amount Enclosed Below Payment Due Date May 28, 2011 02 SDSN6A01 0020877 SUZANNE MORGAN ERIC MORGAN 305 WIDDERS DR MECHANICSBURG PA 17055-9745 nformattiionnmmorand make e secure with password- protected statements only you can access. Learn more at discover comlpaperless. PO BOX 71084 Illrr.llrrrllrrrrrlrllrrlrl CHARLOTTE NC 28272-1084 Address, e-mail or telephone charge? I I II I III I I I U I I I I I I I I III I I I I f I I I I I I I I f i l l I I I I 1 1 r 1 1 1 I I 1 1 1 1 I f I I I Go to www.Disc~.com or print change in space above. 000001986833827588385148753500000000147600 opening Date: April 3, 201 I - Closing Date: May 2, ; Discover Moro Card Account Summary Account number ending in 9397 Previous Balance $14,875.35 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 F14,875.35 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $14,500.00 Credit Line Available $0.00 Cash Advance Credit Line* $7,300.00 Cash Advance Credit Line Available $0.00 Cashblack Bonus! Anniversary Month November Opening Cashback Bonus Balance $ 6.22 New Cashbock Bonus This Period + 0.00 Redeemed This Period 6.22 Cashbwk Bows Balance - $ -- 0.00 To learn more, log in of www.Discover.com 3 Easy Ways to Contact Us 1 Access your account securely at www.Discovercom 2. Call 1.800-DISCOVER (1-800.347.2683) Please have your Discovers card available. 3. Write to us at Discover, PO Box 30943, Sall Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Carol Stream, IL 60 1 97-6 1 03 For TDD (Telecommunications Device for the Deal) assistance, please call 1.800-347.7449 !011 EXHIBIT 1 Payment Information New Balance $14,875.35 Minimum Payment Due* $1,476.00 Payment Due Date May 28, 2011 *Includes past due amount of $1 178.00 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 21.99`Ye 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: you: iiiafcs'no: You; I pay 40 , lhe; An ! yCV xiddion-ot'harg" bckwo shown on up paying an sing this card and . (his siatemer>€'in estimated tote{ Of, fn9?y!s?!u 1?Y abaci. Only the minimum 12 years $14,875 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 Paydown Planner to create a plan to pay down your balance, securely access statements, pay bills online and easily hack all transactions • Make your money worth more sm-find easy ways to earn and redeem cash rewards • NEWI Access your account securely through your mobile phone TigAytions Trans. Post ate D Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest charged TOTAL RJTEREST FOR THIS PERIOD $ 0.00 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 $ 60.00 TOTAL INTEREST CHARGED IN 2011 610.54 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER I It pays to SUZANNE MORGAN DISCOVER dISO VER Account number ending in 9397 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current BAUng Period: 30 days TYPE OF BALANCE ANNUAL PERCENTAGE BBAALAN?CT ??ECT TO INTEREST CHARGE RATE WR) Purchases 16.99% V $0 $0 Cash Advances 23.99% V $0 $0 V - Variable Rate Lost or stolen cards. Report immediatelyl Call 1-800.347-2683. What To Do H 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 30042 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 Descri ion of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe rf rs a mrsta e. 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 Ins 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 qquestion may remain on your statement, artd we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay tM amount in question or any interest or other Fsas related to that amount. While you do not have to pay the amount in question, youtare responsible for the remainder of your balance. We can apply any unpaid amount against your credit limi. Your Rialsts N You Are DissaflsRed 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, an 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. (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 are still dissatisfied with the purchase, contact us in write at: Discover, PO Box 30945, Salt Lake 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 an amount and you do not pay we may report you as delinquent. Paynsenfs. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as dexribed above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your Cheek or to process the payment as a check 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 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 o any ether address or if you use an envelope other than the one provided. Payments recsrved in proper form at our processing facility by 5PM local time on any day win be credited to your Account as of that day. Payments received at our processing facile after 5PM local Bme 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 Card Stream, IL 60197.6103. Please allow 7.10 days for delivery. IF your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. You can pay your scheduled monthly payment or a greater amount that does not exceed your remaining current account balance over the telephone or you can setup automatic payments through a customer service representative by calling 1-800347-2683. Automatic payments will be deducted on the payment due date unless you request o payment date that occurs beforeyour payment due dots. IF your scheduled payment date falls on a weekend or book holiday, your payment will be processed the business day for to the weekend or bank holiday. In order to schedule monthly payments by telephone, you will need this statement ahyour bank account information. You will be asked to provide the last four (4) dills of the social security number of the primary borrower. By providing those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize, in the amount selected by you, from your bank account. You also authorize us to initiate debit or credit entries to your bank account, as applicable, to correct an error in the ocessi of such payment. You can cancel a scheduled pa ent by ?e at 1-800347-2683 or by mail at the correspondence address listed above; however we must receive notice at least three business days in advance Mho scheduled payment. If your payments may vary in amount, we will tell you on each may statement when your payment will be made and how much it will be. You must ensure that sufficient Funds are available in your bank account, and all transactions must comply with U.S. law. If your scheduled payment is not enough to cover the Total Amount Due as listed rry billing statement, you will be responsible for paying the difference. Your automatic payment amount may be M r'?fKflmount indicated on the periodic statement based on credits or payments after the closing date. If you enroll by phone in our automatic payment service, please Win the following blanks below and retain the authorization for your records. Amount: ? Full Pay ? Min Pay ? Min Pay + S Additional Important Information See your Cardmwrber Agreement. Your Cardmember Agreement contains all the terms of your Account. Bank Routing #: , Bank Account #: , Frequency: 6.dA Reporting. We may report inFormation about your Account to credit bureaus. late payments, missed payments, or reur Account maybe reflected in your credit report. We normany report tM status and payment history of other deFouIts 9 yo your Account to dd reporting ogeneies each month. If u believe that our report ?s noccurah or incomplete, please its c us at the following address: Discover, PO Box 15316, dmington, DE 198545316. Please indicate your name, address, home telephone number and Axount number NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISC9VER 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 Szczygiel, 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# 9091050 Suzanne L. Morgan 6011499413439397 SHERIFF'S OFFICE OF CUMB LAND COUNTY Ronny R Anderson Sheriff FILED-OFFICE THE PR0T1400NIG TAI?` Jody S Smith Chief Deputy 2011 JUL _7 PM Z; 3 Richard W Stewart Solicitor €UMBERLANO COUNTY PENNSYLVANIA Discover Bank vs. Eric Morgan (et al.) Case Number 2011-5109 SHERIFF'S RETURN OF SERVICE 07/01/2011 09:11 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 1, 2011 at 2111 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Eric Morgan, by making known unto Suzanne Morgan, Wife o efendant at 305 Widders Drive, Mechanicsburg, Cumberland County, Pennsylvania 17 n nts and at the same time handing to her personally the said true and correct copy of the s 4 ,DEPUTY 07/01/2011 09:11 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 1, 2011 at 2111 hours, he served a true copy of the within Complaint and Notice, upo the within named defendant, to wit: Suzanne L. Morgan, by making known unto herself pe onally, t 305 Widders Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents n It t me time handing to her personally the said true and correct copy of the same. SMAWN SHERIFF COST: $54.00 July 05, 2011 PUTY SO ANSWERS, RON R ANDERSON, SHERIFF .Cn,, ,t r, } u r iil IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2C l I, UL 2 0 P, H (Q: ;` 7 DISCOVER BANK CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW PENNSYLVANIA V. SUZANNE L. MORGAN & ERIC MORGAN Defendant : NO. 11-5109 Civil DEFENDANT'S PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P. 1028 AND NOW COMES the Defendants, Suzanne L. Morgan & Eric Morgan, by and through their attorney, James Vincent Natale, Esquire, and makes this Defendant's Preliminary Objections pursuant to Pa.R.C.P. 1028 as follows: COUNT I 1. The date that Defendant allegedly contracted for or opened the alleged account. 2. The date that Defendant allegedly made the last payment on the alleged account. 3. Plaintiff claims that Defendant used the alleged credit card. 4. Plaintiff failed to specifically state the dates of the alleged purchases 5. Plaintiff failed to specifically state the place where the alleged purchases were made. 6. Plaintiff failed to specifically state what items were allegedly purchased. 7. Plaintiff failed to specifically state the amount purchased for each item. 8. Plaintiff failed to specifically state the dates of any alleged cash advances. 9. Plaintiff failed to specifically state the amounts of each alleged cash advance. 10. Plaintiff failed to specifically state the dates that Plaintiff alleges that Defendant made payment on the alleged account. 11. Plaintiff failed to specifically state the amounts of the payments that Plaintiff alleges were made by Defendant. 12. Plaintiff has failed to provide sufficient documentation and allegations to permit the Defendant to calculate the total amount of damages that are allegedly due, and there for Plaintiff's complaint fails to conform with the requirements of Pa.R.C.P. 1019(a) and Pa.R.C.P. 1019(f). 13. Plaintiff complaint contains insufficient specificity of its pleadings, PA.R.C.P. 1028(a)(3). WHEREFORE, Defendant demands that the Court order Plaintiff to file an amended Complaint. COUNT II 1. Plaintiff basis its claim on an alleged agreement. 2. Plaintiff failed to specify whether the agreement is oral or written as required by Pa.R.C.P. 1019(h). 3. Plaintiff's complaint fails to conform to law or rule of court, Pa.R.C.P. 1028(a)(2). WHEREFORE, Defendant demands that the Court order Plaintiff to file an Amended Complaint. COUNT III 1. If the contents of the pleading is based upon a writing, then Plaintiff has failed to attach a copy of the original agreement and all amendments to said agreement, or provide a reason why the original agreement and all amendments to said agreement are not accessible and set forth the substance of the writings. 2. Plaintiff's complaint fails to conform with the requirements of Pa.R.C.P. 1019(i). 3. Plaintiff's complaint fails to conform to law or rule of court, Pa.R.C.P. 1028(a)(2). WHEREFORE, Defendant demands that the Court order Plaintiff to file an Amended Complaint. COUNT IV 4. The verification of Plaintiff's complaint was signed by an employee of DB Servicing Corporation. 5. DB Servicing Corporation is not a party to the above captioned complaint. 6. DB Servicing Corporation also did not service the alleged account at all times. 7. Prior to DB Servicing Corporation, Discover Bank allegedly serviced its accounts through DFS Services LLC. 8. Pa.R.C.P. 1024 requires that all pleadings setting forth new allegations be verified by the pleading party. 9. Plaintiff's complaint fails to conform to law or rule of court, Pa.R.C.P. 1028(a)(2). WHEREFORE, Defendant demands that the Court order Plaintiff to file an Amended Complaint. Kes tfully submitted, a "es Vince?it atale, Esquire ID #208790 Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 (814) 444-0500 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff CIVIL ACTION - LAW V. SUZANNE L. MORGAN & : ERIC MORGAN Defendant NO. 11-5109 Civil CERTIFICATE OF SERVICE I served this Petition to Enter Appearance, Defendant's Preliminary Objections, and Brief by U.S. Mail, postage prepaid, at 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219 on James C. Warmbrodt, Esq., the attorney for the Plaintiff, Discover Bank on July 15, 2011. I declare under penalty of perjury that this information is true. Date: Server's Signature Printed Name and Title Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 Server's Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff CIVIL ACTION - LAW V. NO. 11-5109 Civil SUZANNE L. MORGAN & ERIC MORGAN ; Defendant ORDER AND NOW, this day of July, 2011, it is hereby ORDERED and DECREED that Argument is to be held on Defendant's Preliminary Objections pursuant to Pa.R.C.P. 1028 at on day of October, 2011. BY THE COURT: J. E IN THE COURT OF COMMON PLEAS OF JTHOPOTA `r CUMBERLAND COUNTY, PENNSYLVAN& I A'11- 20 AM 10: 3 DISCOVER BANK Plaintiff CUMBERLAND COUNTY CIVIL ACTION - LANNSYLVANIA V. : SUZANNE L. MORGAN & ERIC MORGAN Defendant NO. 11-5109 Civil Petition to Enter Appearance Please enter my appearance as the attorney representing the Defendant, Suzanne L. Morgan & Eric Morgan, in the above captioned case. y su I cries Vincent fatale, Esquirf #208790 Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 (814) 444-0500 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff v. SUZANNE L. MORGAN & ERIC MORGAN Defendant CIVIL ACTION - LAW NO. 11-5109 Civil CONSENT ORDER c -v3 r*t'm r? -ca v? 0 c c? N r -a co 3 -n Co =- ca ?n czar'rn ---e v 404 On this # _ day of , 20 , upon consideration of defendant(s) preliminary objections, it is here-by ORD RED that plaintiff(s); complaint is stricken. Plaintiff(s) may file an amended complaint within 120 days. If the plaintiff(s) fail(s) to file an amended complaint within the time set forth above, upon praecipe of the defendant(s), the Prothonotary shall dismiss the case with prejudice. BY T tfE COURT: J. ?Saro?h E. F'hasz, &t, - HaroU fie, + A ssor, ??P' 8 s3oK?1 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah E. Ehasz, Esquire I.D. No. 86469 436 Seventh Avenue 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File # 9091050 SEE/SJS DISCOVER BANK vs. ERIC MORGAN SUZANNE L MORGAN Attorney for Plaintiff(s) CUMBERLAND County Court of Common Pleas No.: 11-5109-CIVIL PRAECIPE TO DISMISS WITH PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter with prejudice. WELTMAN, WEINBERG & REIS CO., L.P.A. "-,7 /7 BY / Sarah E. Ehasz, Esquire Attorney for Plaintiff €?!T?10f10TAr; , ,'1t' r SYLpA pji y PENNNIA HAROLD SHEPLEY & ASSOC, LLC JAMES NATALE 209 WEST PATRIOT ST SOMERSET, PA 15501 HAROLD SHEPLEY & ASSOC, LLC JAMES NATALE 209 WEST PATRIOT ST SOMERSET, PA 15501