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Home My WebLink About11-6523FILED-OFFICE OF THE PROTHONOTARY 2011 AUG 19 AM 10: 12 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JENNA L COLLIER Defendant No: //, 65,23 &1Z 7e,01 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. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 09230208 C A Pit SJS S C-# /oo7u8lF ?7,q-- ? 6 3 Zf36 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No JENNA L COLLIER 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: JENNA L COLLIER 93 R AUTUMN LN ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1272 . 4. Defendant made use of said credit card and has a current balance due of $3634.05 , 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 18.9906 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 , JENNA L COLLIER INDIVIDUALLY , in the amount of $3634.05 with interest at the rate of 18.990% per annum from April 30, 2011 plus attorneys' fees of $125.00 , and costs. P-4 Warmbrocit, 42524 WEINBERG & REIS CO., L.P.A. nth Avenue, Suite 1400 gh, PA 15219 4-7955 -338-7130 C A Pit SJS This law firm is a debt collector atto collect this debt for our client and any information obtai be used for that purpose. DISCOVER New Balance Minimum Payment Due 1 $3,634.05 $3,634.05 I Payment Due Date June 17, 2011 22 SDSN6A01 0012487 JENNA COLLIER 93R AUTUMN LN ENOLA PA 17025-2182 Account Number ending in 1272 Enter Amount Enclosed Below Please make check payable to Discover Card. Minimum payment due includes a past due amount of 5964.00. Phone and internet payments must be made by 5:00pm ET for some day a0sling. Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discovercomlpaperless. PO BOX 6103 XHIBIt Go to www.D.Dixover.com or pri CAROL STREAM IL 60197-6103 Address, or printngceh?a rnnu)11r1u)nril(I1r11+)!1(roff111n1)Irn]IIIJ1III rge in space above. ' 000001486623642155860036340500000000363405 Opening Date: May 1, 2011 Closing Date: May 22, 1 Discover More Card Account Summary Account number ending in 1272 Previous Balance $3,634.05 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 3,634.05 See Interest Charge Calculation section following transactions for detailed APR information Credil Line $3,500.00 Credit Line Available $0:00 Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 %A8.WI1uca%.w wrnWa Anniversary Month July Opening Cashbock Bonus Balance S 0.00 New Cashback Bonus This Period + 0.00 Cashback Bows &lance $ 0.00 To learn more, log in orwww.Diawwr.com 3 Easy Ways to Contact Us 1 Access your account securely at www.Discover com 2. Cali 1-800-DISCOVER (1-804347-2683 Please have yo r Discovers card available. 1 Write to us at Discover, PO Box 30943, Soh Lake City, UT 84130 (Not a payment address) For payments, pse send to address on remittance or Discover, PO Box 103, Card Stream, IL 601 97-6 1 03 For TDD (Telecommunications Device for the Deaf) assistance, please tall 1-804347-7449 cu I I page 1 or L Payment Information New Balance $3,634.05 Minimum Payment Due' $3,634.05 Payment Due Date June 17 2011 *Includes past due amount of $964.00 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 23.99% 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: eeiek month yptrpay. about, payment If you would like information about credit counseling services, call 1-800-347-1121 FYI '" a na Ywill (:+oy o(flhe yav wall and -0" ChQtgr?s : ballame shown an up?paying prr 'ng INS card and this statement in estimated total o(. Only the minimum 4 years $3,634 Manage Your Account Online at vvww.Discover.com • Access free online tools like Paydown Planner to create a plop to down your balance, securely access statements, pay bills online and easily hock all transactions • Make your money worth morel-find easy ways to earn and redeem cash rewords • NEW! Access your account securely through your mobile phone Transactions 9230208 Trans. Post Fees TOTAL FEES FOR Ttt15 PERIOD S 0.00 lmerest Charged TOTAL WIEREST FOR THIS PERIOD S 0.00 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 TOTAL INTEREST CHARGED IN 2011 140.00 43.02 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISCOVER` ftPaysto ----i JENNA COLLIER DMC VER j Account number ending in 1272 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account Current Billing Period: 22 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO KM W CHARGE RATE (APR) WTEREST RATE Purchases 18.99% V $4 So Cash Advances 23.99% V $0 $0 Balance Transfers 0.00% $0 $0 V = Variable Rate Additional Important information See your Cardmern6w Agreement. Your Cordmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediatelyl Call 1-800-347-2683. What To Do D 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 84130-0421 In your letter, give us the Following information: Account information: Your name and account number. Dollar amaiunt The dollar amount of the suspected error , rVor+ 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 mil e. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writ) You may call us, but if you do we are not required to investigate any potential errors and you may have to pay a amount in question. While we investigate whether or not there has been on 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 question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine chat 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 a any unpaid amount against your credit limit. Your Rights /f Y v Are Dissatisfied With Your Credit Card Purchases IF you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good fail 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 tight, 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 on an advertisement we moiled to you or if we own the company that sold you the goods or services.) 2. You must hove used your credit card for the purchase. Purchases made with cosh 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 Cr still dissatisfied with the purchase, contact us in writing at: Discovers PO Box 30945, Sak Lake ity, UT 8.41304945 While we investigate, the same riles apply to the disputed amount as discussed above. Aker 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 o?y your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check ft described above, jou authorize us to use information on your check to make an electronic fund count at the financial institution indicated on your check or to process the payment as a check transfer from ;.5: transaction, it ent is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information Fyour check to make an electronic fund transfer Funds maybe 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 ur payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment to e any other address or if you use an envelope other than the one provided. Payments received in proper Form at our proc ss facility by SPM local time on any day will be credited to your Account as of that day Payments received at our p essrng facility after 5PM locof time will be credited to your Account as of the next day. If you have mispksced your en lope, send your payment to Discover, PO Box 6103 Carol Stream, IL 60 1 9 7-6 1 03. Please allow 710 days for delivery . I your payment is returned unpaid, we reserve the rid* to resubmit it as an electronic debit. You can =r r hod led monthly payment or a greater amount that does not exceed your remaining current account bdonce tel phone or you can setup oufomafic poyments through a customer service representative by calling 1-800-347-2683. utomalic payments will be deducted on the payment due date unless you request a ppaa ent dafe that occurs before your payment due date. If your scheduled payment date falls on a weekend or bank holiz7mc w payment will be processed the bu mess day prior to the weekend or bards holiday. In order to schedule monthly payments 1 telephone, you will need this statement and your bank account information. You will be asked to provide the last Four (4) d1 its of the social secur?'ty numb of the primary borrower By providing those numbers as r 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 coned an error in processing of such payment. You can cancel a scheduled payment by phone of 1-800.347-2683 or by mail at the corre 'clence address listed above; however we must receive notice at least three business d?? in advance of the scheduled ent. If your payments may vary in amount, we will tell you on each monthly statemer Zin your payment will be m and how much it will be. You must ensure that sufficient Funds a:e available in your bank account, and cc? must comply with U.S. law. IF your scheduled payment is not enough to cover the Tofu At mo?xt Due as listed o7r? biMi?g statement, you will be responsible for paying the difference. Your automatic payment amount may be less than the amount, indicated on fhe periodic statement based on credits or payments after the closing dale. If you enroll by phonic in our automatic payment service, please fill-in the following blanks below and retain #m authorization for your records. Amount- ? Full Pay ? Min Pay ? Min Pay + $ Bank Routing Bank Account Frequency: Credit Repodirig. W may report information about your Account to credit bureaus. Late payments, missed payments, or other defauks on Account may be reflected in your credit report. We normally report the status and payment history of your Account to a reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at the following ess: Discover, PO Box 15316, Wilmington, DE 19850.5316. Please indicate your name, address, home telephone num r and Account number NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Payng Interest We begin to impose interest charges on a transaction fee or interest charge from the day we add if to the daily balance. We continue to impose interest charges until you pay & total amount you owe us. You can avoid paying interest on Purchases as described below. However, you cannot avoid paying interest on Balance Transfers or Cash Advances. How to Avoid Payinq Interest on Purchases ("Grace Period") It you paid a on your previous billing statement by the Payment Due Dole shown on that biking statement, we win not impose interest charges on new Purchases, or any portion of a new Purchase, paid by the Purchase Due Date on your current bitting statemert. new Purchases are Purchases that first appear on the current billing statement. f you not poy your Now Balance in eac m depending on the balance to which we apply your payment, you may riot gt a ace period on new Purchases. How We Calculate tftmst Charges Daffy balance Me*wd (rndudirg current transactions): We calculate interest charges each billing period by first figuring the "daily balance" for each Transaction Category. Transaction Categor?as include standard Purchases,lstanc Cosh Advances and different promotional balances, such as Balance Transfers. How We Figure ire?1baily balance for Each Transaction Category We start with the inning balance for each day. The beginning balance for the first day of the biking period is your aaloncb on the day of your previous billing per' • We add on), interest charges accrued on the previous day's daily balance and any new transactions and fees. We add run tronsadi0 s or fees as of the later of the Trontsaction Date or the first day of the billing period in which the trc nsadion ar fee posted to your Account. • We subrad wry new credits and payments. • We make other adjustments lincluding those adjustments required in the "Paying Interest" section). Haw We Figure Yau? Totd Interest Charges • We multiply daily bakmca for each Transaction Category by its doily periodic rate. We do this for each day in the biltinngg tact. This gives us the interest charges for each Tronsadion Category. To get a doily periodic rate, we divvde APR that applies to the Transaction Category by 365. We add up an the daily interest charges. The sum is the total interest charge for the billing period. How Ws bdrrde s We add Balance Tr sler Fees to the applicable Balance Transfer Transaction Category. We add Cash Advance Fees to the r> icab,e Cash Advance Transaction Category. We add all other fees to the standard Purchase Transaction aWgory. Balanrce Subject to Interest Role. Your statement shows a Balance Subject to Interest Rate. It shows this for each transaction category, The Balance Subject to Interest Rate is the average of the daily balances during the biking period. For TM (Felecorrrnwhicalions Device for Ilse Deal) assistance, please call 1-800347-7419. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discover'card its issued by Discover Bank, Member FDIC RZNfEOOI 9230208 Questions? Visit www.Discwer.cr>m ar DISCOVER call 1-800-DISCOVER (l -800-347-2683). Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloodable, password protected statements. • See your statement as soon os 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 Discovercom/paperfess 02010 Di.cwe. Nark, M•mba FDIC PAPERM10 CO v zz m D _o 0 C?_ N P V CD N X V 9230208 Questions? Visit www.Discavw.com or call 1-800-DISCOVER (1-800-347-2683(. DISCIOVER 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 Szczvaiel, 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# 9230208 Jenna L. Collier 6011208965131272 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor j ? F i,? Zi i SAP -g PP I,: GUS'?BERLAHD 1ENNSYLV}njMA Discover Bank vs. Jenna L. Collier Case Number 2011-6523 SHERIFF'S RETURN OF SERVICE 09/01/2011 05:55 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on September 1, 2011 at 1755 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jenna L. Collier, by making known unto hersel rsonally, at 93R Autumn Lane, Enola, Cumberland County, Pennsylvania 17025 its content7517 handing to her personally the said true and correct copy of the same. S WN RISON, DEPUTY SHERIFF COST: $43.00 September 06, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF WELTMAN, WEINBERG & REIS, CO. , L.P.A. BY: William T. Molczan, 47437 Attorney for Plaintiff (s) I .D. No. 47437 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 FAX: 412-338-7130 File # 09230208 C A Pit SJS DISCOVER BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs . JENNA L COLLIER CASE NO. 11-6523 CIVIL TE ! M M fz'lfi PRAECIPE TO SATISFY �Ai =C:) TO THE PROTHONTARY: Kindly mark the case and judgment entered against Defendant JENNA L COLLIER as satisfied. WELTMAN, WEINBERG & REIS CO. , L.P.A. By IN William Molczan Attorney for Plai iff ��q sold a'r1u C 9Son�