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Home My WebLink About11-6521FILED-OFFICE OF THE PROTHONOTARY 2011 AUG 19 AM 10'. 01 CUMBERLSAND COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: f VS. DEBBIE A HAULMAN 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 09229335 C A Pit SJS 0 ?t? q) . 00 C# 100 tiu8i6 R? ?63y32 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No DEBBIE A HAULMAN 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: DEBBIE A HAULMAN 58 PINE RIDGE CIR ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1448 . 4. Defendant made use of said credit card and has a current balance due of $7971.10 , as of May 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 28.990% per annum on the unpaid balance from May 31, 2011 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" 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 , DEBBIE A HAULMAN INDIVIDUALLY , in the amount of $7971.10 with interest at the rate of 28.990% per annum from May 31, 2011 plus attorneys' fees of $125.00 , and costs. games warm rodt,42524 WEL WEINBERG & REIS CO., L.P.A. 436 nth Avenue, Suite 1400 Pitt bu gh, PA 15219 (41 4 4-7955 FAX. 4 -338-7130 09 293 5 C A Pit SJS This law firm is a debt collector attgmpt/ng to collect this debt for our client and any information obtain d zll be used for that purpose. DISCOVER $$0 oo glance s 'S7??ayment Due Payment ue June 28, 2011 31SDSN6AOt0008207 DEBBIE HAULMAN 58 PINE RIDGE CIR ENOLA PA 17025-3404 Account Number ending in 1448 Enter Amount Enclosed Below Go paperless and make your account information more secure with password. protected statements only you can access. Learn more at discovercoMpaperless. PO BOX 6103 Illrrrllsrsrrllrrsrllrllrsl CAROL STREAM IL 60197-6103 Address, ww mail ochange? II'Il'MIBI1 Go to to www.Discover.com Mer.com or or print change in space above. "". ' 000001986458492964438000000000000000157600 I ,2011 page 1 of 2 Opening Dale: May 14, 2011 - Closing Date: May 31 Discover More Card Account Summary Account number ending in 1448 Previous Balance $8,271 10 Payments And Credits 8,271 10 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 New Balance --- ,p0 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $7,500.00 Credit Line Available $0.00 Cash Advance Credit line $1,900.00 Cash Advance Credit Line Available $0.00 Anniversary Month November Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashbook Bonus Balance $ - 0.00 To learn more, log in at www.Discowr.com Payment Information New Balance $0.00 Minimum Payment Due $1,576.00 Payment Due Date June 28, 2011 Lab 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. 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 moreSM -find easy ways to earn and redeem cash rewards NEWT Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1 Access your account securely at www.Discovw.com 2. Call 1-800-DISCOVER (1-800-347-2683) Please have your Discover® card available. 3. Write to us at Discover, PO Box 30943, Sah Lake City, LIT 84130 INot a payment address) For payments, PPlease send to address on remittance or Discover, PO gox 6103, Carol Stream, IL 60197.6103 For TDD (Telecommunications Device for the Deal) assistance, please call 1-800-347-7449. Transactions Trans. , Post Date Payments and Credits May 31 May 31 INTERNAL CHARGE-OFF $ -8,271 10 Fees TOTAL FEES FOR THIS PERIOD S 0.00 Interest Charged TOTAL WMREST FOR THIS PERIOD $ 0.00 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 TOTAL INTEREST CHARGED IN 2011 9229335 S 175.00 933.24 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOM DISCOVER It pays to DEBBIE HAULMAN DiscovEft Account number ending in 1448 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 18 days TYPE OF BALANCE Purchases Cash Advances V = Variable Rate ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE (APR) 04TEREST RATE 28.99% s0 $0 28.99% s0 $0 Additional Important krfonnation See your Cardn wniber Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards, Report immediately! Col 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 Soh Lake City, LIT 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 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 by 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 credtt limit. Your Rights If Yalu Are Dissatisfied With Your Credit Card Purchases IF you are di satisfied with the gOOds Of 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. (Nob: 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 cord for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not quolify. 3. You must hot 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 writing at: Discover, O Box 30945, Salt Lake City, UT 84130-0945 While welinvestigate, the some rules apply to the disputed amount as discussed above. After we finish our investigation, we wig 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 onh?yy your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check dis described above, you authorize us to use information on your check to make an electronic fund transfer from your agcouM ot the Financial institution indicated on your check or to process the payment as a check transaction. IF payment is processed as an electronic fund transfer. the transfer will be for the amount of the check. When we use infamafion 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 said cash, correspondence or other items with your payment, if you send the payment to nn ether address or if you use an envelope other than the one provided. Payments received in proper Form of our pr«essirjg facility by 5PM local time on any day will be credited to your Account as of that day. Payments received ot our proc sing Facilily after 5PM local time will be credited to your Account as of the next day. If you have misplaced your enve?ope, send your payment to Discover PO Box 6103 Card Stream, IL 60 1 97-6 1 03. 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 mil imum payment or a greater amount over the telephone, and you can set up automatic payments. Cal us at 1-800 347-26 3. You will need this statement and your bank account information. You must ensure That wfficient Funds are available io your bank account and all transactions must comply with U.S. low. You will be asked to provide the first 5 digits of your account statement ZIP code. B entering (hose numbers as ur electronic signature, you wig be agreeing to this authorization to allow us and your bank to dyeduct 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 payment. You must tell us the amount of ch payment or you can select an amount such as the Minimum Payment Due or the New Balance on each statement. You can cancel a ent, however we must receive notice at least three business days in advance of the scheduled payment. You may rroti us by phone at 1-800-3A7-2683 or by mail ot the oddress listed in the previous paragraph. It your p¢ymerts vary in amount, we will tell you on each monthly statement when your payment wil be mode and how much it will be. Your automatic payment amount may be less than indicated on the monthly stafemeM based on credits or payments applied during the billing cycle. Credit Reporting Wd may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on you Account may be reflected in your credit report. We normally report the status and payment history of yy??l!??gqQQuir?oo tied eporting agencies each month. If you believe flat our report is inaccurate or incomplete, phase write ups to in g ess: Discover, PO Box 15316, Wilmington, DE 198505316. Please indicate your name, address, home telephone number and Account number Paying krlsrest. Irate st Charges are imposed on all transactions From the date the transaction is posted to your Account until the date you pay entire New Balance, by making payments or receiving credits. However if you paid the New Balance on your previous igi gg statement by the Payment Due Date shown on that statement, and you pay the New Balance by the Payment Dua Date on this statement, we will not impose Interest Charges on new purchases, that is, purchases first appearing on this stotoment. W$ call this the gr«e period. Otherwise, you will receive a billing statement next month that includes Internet Charges on Fhpse crew purchases. There is no grace period on balance transfers or cash advances. HOW We Calculate Interest Charges Daily Balance Me" (including current transactions): We figure Interest Charges For each billing period. To do this: NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER • We calculate your Interest Charges separately For each balance subject to different terms (For examplestandard purchases„ standard cash advances and each purchase, balance transfer and cash advance balancesubjed to promotional lerms). We refer to these balances as transaction categories. We figure the 'daily balance" for each transaction category. To get the "doily balance" we take the beginning balance foe each dcLadd any new transactions and Fees and any Interest Charges accrued an the previous day's daily balance. We subhad any credits and payments and make other ci ustmerts. Inc the doily balance fiat the First day of the billing period, we consider the "previous day soily balance" to have sen 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 to 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 clue of the billinrgg period in which it occurs, in which case the transaction will be added to the daily balance as of the first day of the biting period in which it is posted to your Account. All fees charged to your Account ore added to the standard purchase transaction cataaggawyy with the exception of Cash Advance Fees which are addled to the applicable cash advance transaction category and Balance Transfer Fees which are added to the applicable balance transfer transaction category. For TDD (felacerernunkabons Device for the Deal) assistance, please ca! I-NO-347-7449. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes- The Discovermcord is issued by Discover Bank, Member FDIC OITBKO67 N v m z m D C?_ 0 0 0 a, N O V N X (A 9229335 QUeStiOnS? Visit www.D•tscmw.com or call 1-800-DISCOVER )1-800-347-2683). DISC40VEIZ 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 text messages on your mobile phone. • Print a paper copy of your statement anytime. Sign up today at tiscovercom/poperiess ®2010 Di.w Bono, Member FDIC PAPER.0310 N v W z rn a 0 0 0 0 N O V N X 9229335 Questions? Visit www.Discwer.com or ?c 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 Szczygiel, Legal Placement Account Manager (Name) (Title) of DB Servicing Corporation successor to DES 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. (Signature) U(JU- WWR# 9229335 Debbie A. Haulman 6011002370341448 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r ILED-0Fi I Sheriff H._ PROTzI r???QlaPi; Jody S Smith Chief Deputy Richard W Stewart Solicitor 29411 SEP -2 AM €3. 23 CUMBBLAND COB-! PENNSYLVANIA Discover Bank vs. Debbie A. Haulman Case Number 2011-6521 SHERIFF'S RETURN OF SERVICE 08/25/2011 07:47 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 25, 2011 at 1947 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Debbie A. Haulman, by making known unto herself personally, at 58 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.00 August 29, 2011 RYAN BURGETT, DEPU SO ANSWERS, RON R ANDERSON, SHERIFF 4 i, }!1 I3s,?rgJ Fi F 7? tluSY L` P' RN1A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. DEBBIE A HAULMAN Defendant Civil Action No. 11-6521-CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PRCTHONO'TAItY: Kindly enter Judgment against Defendant, Debbie A Haulman, in the amount of $8665.89 plus costs, based upon the consent of the parties. CONS EN-1,13D 'I'C): WELTMAN, WEINBLRG & REIS CO., L.P.A., By. --- Auorney for Plaintiff W XR#092293 35 DEBBIE A HAULMAN, By: Defendant (,4sga'60 FA a 0 ??-at??aas IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 11-6521-CIVIL TERM DEBBIE A HAULMAN Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, Debbie A Haulman, above-named, in the amount of $8665.89 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $8540.89 with continuing interest thereon at a rate of 6% per annum from August 29, 2011, plus attorneys' fees in the amount of $125.00 and costs. 2. fo secure tine repayment of said indebtedness, Defendant ag,-"s that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, Debbie A Haulman, in the amount of $8540.89 plus continuing interest thereon at the rate of 6% per annum from August 29, 2011, plus attorneys' fees in the amount of $125.00 and costs. 3. Plaintiff agrees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $350.00 due by September 15, 2011; (b) no less than $350.00 due by the 15th of each consecutive month thereafter until balance is paid in full. 4. All payments are to be made payable to the order of "DISCOVER BANK" 5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.U. Box 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals this Yday of 20ti WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D Urban,, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#09229335 By: J _ i i l l .1 ? 0 1 , Defers nt, Debbie ,A Hauhnan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-6521-CIVIL TERM DEBBIE A HAULMAN Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgnt was entered against you on 91a I- (xx) Assumpsit Judgment in the amount of $8665.89 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary Debbie A Haulman 58 Pine Ridge Circle Enola, Pa 17025 By: ab PROTHONOTARY (OR DEPUTY) WELTMAN, WEINBERG & REIS, CO. , L.P.A. BY: Matthew D. Urban, 90963 Attorney for Plaintiff (s) I .D. No. 90963 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 FAX: 412-338-7130 File # 09229335 C A Pit SJS • DISCOVER BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs . DEBBIE A HAULMAN CASE NO. 11-6521 CIVIL TERM R T PRAECIPE TO SATISFY sue -' -71 co N r s" . TO THE PROTHONTARY: , u Kindly mark the case and judgment entered against Defendant DEBBIE A HAULMAN as satisfied. WELTMAN, WEINBERG & REIS CO. , L.P.A. By Matthew D. Urban Attorney for Plaintiff q, °-Pd 041 Co} 1q�1�1