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Home My WebLink About11-6055f ILED-OFFICE ,,; v;?" " I'1E p?O?NONgTAE'? ? 2;11 JUL 29 F i 36 (-U??18ERLAND COUNTY P cgs Sti LVANI A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Vs. B. LARCHER Defendant No: LO SS CV' 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. 175 South Third Street Ste 900 Columbus, OH 43215 (412) 434-7955 FAX: 412-338-7130 09229343 C A Pit SJS ao a (J 1001(A-MI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No B. LARCHER 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 individual(s) residing at the address listed below: B. LARCHER 1012 ROBERT ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5024 . 4. Defendant made use of said credit card and has a current balance due of $9759.17 , as of April 30, 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 18.490% per annum on the unpaid balance from April 30, 2011 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 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 , B. LARCHER INDIVIDUALLY , in the amount of $9759.17 with interest at the rate of 18.490% per annum from April 30, 2011 plus attorneys' fees of $125.00 , and costs. James War ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 175 S u h Third Street Ste 900 Colu u OH 43215 (412 4 4-7955 FAX: 4 2-338-7130 092 9 3 C A Pit SJS This law firm is a debt collector atte i.ng to collect this debt for our client and any information obtaine will be used for that purpose. AA-- New Balance Minimum Payment Due DISCOVER $9,759.17 L $9,759.17 -? Payment Due Date DUE IMMEDIATELY 08 SDSN6A01 0008215 B LARCHER 1012 ROBERT ST MECHANICSBURG PA 17055-3453 Account Number ending in 5024 Enter Amount Enclosed 8e6vr Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover cartdpapedess. PO BOX 6103 111 1114261111 CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Go to www.Discover.com or print change in space above. 000001986458404994036097591700000000975917 EXHIBIT Oil page 1 of 2 uipemng Lma: may I, Lu I I - closing Vats: May 3, I Discover More Card Account Summary Account number ending in 5024 Previous Balance $9,759.17 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 _X9,759.17 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $8,700.00 Credit Line Available $0.00 Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 Cashback Bonuse Anniversary Month August Opening Cashbock Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance 5 0.00 T. learn more, log in ar www.Discover.com 3 Easy Ways to Contact Us 1 Access your account securely at www.Discover.corn 2. Coll 1-800-DSCOVER (1-800.347-2683) Please have your Discover0i card available. 3. Write to us at Discover, PO Box 30943, Sah Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover PO Box 6103, Carol Stream, IL 60197-6103 For TDD f Telecommunications Device for the Deaf) assistance, please call 1-800.347.7449. Payment Information New Balance $9,759.17 Minimum Payment Due* $9,75917 Payment Due Date DUE IMMEDIATELY *Includes past due amount of $1,683.00 Lale 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 $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 23.49% variable. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Ya r -------------- will pay il lfis ii row and this state u.pgy E imum 10 years S9„759 t If you would like information about credit counseling services, coll 1-800-347-1121 Manage Your Account Online at www.Discovercom • Access free online tools like Paydown Planner to create a plan to pay down your balance, securely access statements, pay bills online and easily hack all transactions • Make your money worth moreSM -find easy ways to earn and redeem cash rewards • NEWT Access your account securely through your mobile phone Transactions 9229343 Trans. tPost Fees TOTAL FM FOR THIS PERIOD - 5 0.00 In$.. f [binged TOTAL MEREST FOR THIS PERIOD $ 0.00 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 TOTAL INTEREST CHARGED IN 2011 140.00 424.91 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISCOVER It pays to B. LARCHER DISCOVER Account number ending in 5024 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rote (APR) is the annual interest rate on your account. Currenrl Billing Period: 8 days TYPE OF BALANCE Purchases 10/26/2010 and after 10/25/2010 and prier Cash Advances V = Variable Rate ANNUAL PERCENTAGE 18.49% V 13.49% V 23.99% V BALANCE SUBJECT TO INTEREST RATE $0 $0 $0 INTEREST CHARGE Additional Important Information See your Cardmember Agreement. Your Cordmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediately! Call 1-800.347-2683. $0 $O $0 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 30,421 Sob Lake City, UT 84130.0421 In your letter, give us the following information: Account information: Your name and account number Dollar amount: The dollar amount of the suspected error. ri Hon o . Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe Descamisfa e. B is You must contact us within 60 days affix the error appeared on your statement. You must notify us of any potential errors in wrfir?. You may call us, loaf 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 canr' try to collect 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 on 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 other 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 If You Are Dissatisfied Wdh 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: 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 om 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 oil of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover PO Box 30945, Solt 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. 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, ?ou authorize us to use information on your check to make an electronic fund transfer from your account at the financier institution indicated on your check 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 on 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, correspondence or other items with your payment, if you send the payment to anyy ether address or if you use an envelope other than the one provided. Payments received to proper form of our processing facility by SPM local fine on any will be credited to your Account as of that day. PcWents received at our processing facility akin SPM local time wl credited to ur Account as of the next day. If you have misplaced your envelope, send your payment }o Discover, PO Box 6103 Card Stream, It 60197-6103. Please allow 710 days For delivery. IF your payment is returned unpaid, we reserve the rig(it to resubmit it as an electronic debit. You can pay your scheduled monthly payment or o greater amount that does not exceed your remaining current account balance over the telephone or you cans automatic payments Through a customer service representative by taping 1-804 347-2683. Automatic payments wi be deducted on the pa mint due date unless you request a date Iliad occun before your payment due date. If your scheduled payment date falls on a weekend or bank holiday, your payment will be processed the business day prior to the weekend or bank holiday. In order to schedule monthly payments lady telephone, you will need this statement and your bank account information. You will be asked to provide the lost four (4) chi its of the social security number of"primary borrower By providing those numbers as your electronic signature, you well be agreeing to this authorization to allow us and your bank to deduct each payment you authorize, in the amount selected by you, Gam your bank account. You also authorize us to initiate debit or credit entries to your bank account, as applicable to correct on error in the processing of such payment. You can cancel a scheduled payment by phone at 1-804347-2683 or by mail at the correspondence address listed above; however we must receive notice at least }}Kee business days in advance of the scheduled payment. If your payments may vary in amount, we will tell you on each m statement when your Rggq gx a made and how much it will be. You must ensure that sufficient funds are available in your bank account, and n yourn the monthly billing statement, temernrt,Uyou will be responsible sr le for min the difference. not e. diferenc Your automatics p Amoura aunt liste o Due as may be less bo amount indicated on fhe periodic statement based doon credits or payments after the closing date. If you enroll by phone in our automatic payment service, please fill-in the following blanks below and retain the authorization for your records. Amount: ? Full Pay ? Min Pay ? Min Pay + $ Bank Routing Bank Account Frequency: NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DICr`•VCp Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloodable, 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 tent messages on your mobile phone. • Print a paper copy of your statement anytime. - Sign up today at Discovercom/poperless 02010 Do.ww Bank, Nbmb& FDIC 1 I PAPER 03 10 W 0 rn Z m D _o 0 0 0 m _N V 9229343 Questions? 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 Szczy iel, 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. i i 'b' (Signature) U UU WWR# 9229343 B. Larcher 6011002380765024 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff T ?4`??tSp pt ?u+ribrrf?i OF THE FROTH ONQi?1fy Jody S Smith Chief Deputy 2011 AUG 30 AM 8: 36 -, Richard W Stewart Solicitor OFFICET""EW CUMBERLAND COUNTY PENNSYLVANIA Discover Bank Case Number vs. B. Larcher 2011-6055 SHERIFF'S RETURN OF SERVICE 08/25/2011 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: B. Larcher, but was unable to locate him in his bailiwick He therefore returns the within Complaint and Notice as not found as to the defendant B. Larcher. Request for service at 1012 Robert Street, Mechanicsburg, Pennsylvania 17055 the Defendant was not found. Current resident advised Deputies, B. Larcher does not reside at this address and does not know the Defendant. However, The Mechanicsburg Postmaster is still delivering B. Larcher's mail to 1012 Robert Street, Mechanicsburg, Pennsylvania 17055. SHERIFF COST: $53.00 August 25, 2011 SO ANSWERS, RbNWY- R ANDERSON, SHERIFF ic,i GountySuite Shenff. Tek:psoft. lire. 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 # 9229343 SEEMS - r-a Attorney for Plaintiff DISCOVER BANK Cumberland County Court of Common Pleas vs. No.: 11-6055 CIVIL B.LARCHER PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBEF By Sarah E. Ehasz, Esquire Attorney for Plaintiff , L.P.A. B.LARCHER 1012 ROBERT ST MECHANICSBURG, PA 17055