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Home My WebLink About11-6526 FILED-OFFICE OF THE PROTHONOTARY 1011 AUG 19 AM If: S 1 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No : 65? 6 (?/ U? ??? VS. NICCOLE A JORICH COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin W. Lawrence,209032 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 215-599-1500 FAX: 215-599-1505 09229474 C A Jer TWI 0 C# lcb6S868 F-If a63y.m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No NICCOLE A JORICH 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: NICCOLE A JORICH 1077 LANCASTER BLVD APT 6 MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3629 . 4. Defendant made use of said credit card and has a current balance due of $4741.79 , 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 11.240% per annum on the unpaid balance from April 30, 2011 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" 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 , NICCOLE A JORICH INDIVIDUALLY , in the amount of $4741.79 with interest at the rate of 11.240% per annum from April 30, 2011 plus attorneys' fees of $125.00 , and costs. Benjamin W. Lawrence,209032 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 215-599-1500 FAX: 215-599-1505 09229474 C A Jer TWI This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. DISCOVER New Baloncs tMi'nimum Payment Due Account Number ending in 3629 $4,74179 1.79 Enter Amount Enclosed Below ant Due Date DUE IMMEDIATELY OB SDSN6A010009123 NICCOLE JORICH 1077 LANCASTER BLVD APT 6 MECHANICSBURG PA 17055-4492 Go paperless and make your account Information more secure with psswmrd- protected statemerlts only you can sown. Learn more at dlscove 0rn/P&parless. PO BOX 6103 111,rr11„111111119I1„I,II CAROL STREAM IL 60197-6103 Address, e-mail oritelephone charge? Irllnllnnulllrlulunlrllnnrllllnnrllrllrrnnllulull Go to www.Disco?w.com or print change in space above. 0000019186458998893859047417900000000474179 Opening Date: May 1, 2011 Closing Dale: May 8, 7 Discover Mollie Card Account Summary Account number ending in 3629 Previous Balance $4,741.79 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Inlerest Charged + 0.00 New Baance ,7 1.79 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $4,000,00 Credit Line Available $0.00 Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 wa•nrr%w awrrUo Anniversary Month June Opening Cashback Bonus Balance $ 0.00 New Cashbock Bonus This Period + 0.00 Coshback Bonus Balance $ 0.00 To 6wn more, 69 in ¢r www.Discover.com 3 Easy Ways to Contact Us 1 Access your account securely at www.Discow.com 2. Call I.804DI, SCOVER (1.804347-26831 Please have ybur Discover* card available. 3. Write to us at Discover, PO Box 30943, Sak Lake Citya UT 84130 (Not a payment address) For payments, p se send to address on remittance or Discover. PO Box w W, Carol Stream, IL 60197.6103 For TDD (Telecommunications Device for the Deal) assistance, please! call 1-804347.7449. 011 page 1 of 2 Payment Information New Balance $4,741.79 Minimum Payment Due' $4,741.79 Payment Due Date DUE IMMEDIATELY 'Includes past due amount of $711.00 Late Paym - Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a lots is* of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penally APR of 16.24% variable. If you would like information about credit counseling services call 1-804347.1121 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 bile online and easily track al transactions • Make your money worth moresm-Find easy ways to *am and redeem cash rewards NEWI Access your account securely through your mobile phone Transactioris Trans. Post 9229474 Dais Fees TOTAL FEES FOR TFBS PERIOD $ 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2011 Totals (ear- o-Date TOTAL FEES CHARGED IN 2011 TOTAL INTEREST CHARGED IN 2011 140.00 172.79 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DI VER 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 DiKavercam/papwless 02010 Dn Bonk, M %6w FDIC PAPEL0310 N O N 9229474 Questions? visit www.Discover.corn or DISCOVER call 1.800-DISCOVER (1-800-347-2683). DISCOVER w NICCOLEJORICH L?KCOVE a Acc ount number ending in 3629 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Canard Biting Periled: 8 days TYPE OF BALANCE A UPERCENTAGE INTEREST AIL ECf TO INTEREST CHARGE Purchases 11.24% V $0 $0 Cash Advances 20.99% $0 $0 V - Variable Rate AdclWonal Uriporta?nt hfornration See your Card vwabw Agreement. Your Cordmember Agreement contains all the terms of your Account. Lost or stolen card#. Report immediatelyl Call 1.800-347-2683. What To Do ff Xou Think You Find A Mistake On Your Statement If you think there is1i "a?n error on your statement, write to us at: Discover, PO Box 30421, Soft Lake City, UT 84 1 30-042 1 In your lifter, give Vi 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 noti''y, us of any potential errors in writing. You may call us, but if you do we are not required to investigate arty potential errors and you may have to pay the amount in question. While we investigate whether or not them 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 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 o not how 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 N ? Are DiesatisRad N7Nr Your Credit Card Purchases If y? are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in fai to cared 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 purc ase must have been made in your home state or within 100 miles of your current mailing address, and the purse price must have been more than $50. Moto: Neither of "se are necessary if your purchase was based on an advertisement we mailed to you , or if we own the company that sold you 8re goods or services.) 2. You mus have used your credit card for the purchass. Purchases mods with cash advances from an ATM or with a check t1v it accesses your credit card account do not qualify. 3. You mu not yet have fully paid for the purchase. #4of go criteria abowtsrs met and you ors still diswtisfied with the purchase, contact us in writing at: Discover! PO Box 30945, San Lake Cify, UT 84130-0945 While w? investigate, the same rules apply to the disputed amount as discussed above. After we finish our investi an, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may reppa you as delinquent. Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By ssndi yyoour check) as described above, you a ize us to use informafon on r check to make on electronic fund transfer from your ceount at the financial institution indicated on your check or fo proessa the payment as a cheek transaction. It ent is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we r eive your payment, and you will not receive your check back from your financial institution. The procsuing of r payment may be delayed if you rind cash, correspondence or other Items with your payment, if you send the payment ar?y ether address or if you use an envelope olhsr than tlis one provided. Payments recensd in proper form at our process ng Facility 5PM local time on any day will be credited to your Account as of that day. Payments received at our pro easing focih after 5PM local time will be credited to yyoouur Account as of the next day. If you have misplaced your env , sand your payment to Discover PO Box 6103 C aeln l Stream, It 60197-6103. Please allow 7-10 days for del wry. I your payment is returned unpaid, we reserve the riq( to resubmit it as an electronic debit. You can pay your Inimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1.800 347-2 83. You will need this statement and your bank account information. You must ensure that sufficient is are available in your bank account and all transactions must comply with U.S. law. You will be asked to provide the first 5 digg?its of your account statement DO code. By entering those numbers as youir electronic si9naloo you wig be agreeing to this autlrorizat' to allow us and your bank to deduct each payment you authorize from your bank account, and to mitiate debit or credit entri s to your bank account, as applicable, to correct an error in the processing of such payment. You must tell us the amount o such payment or you can select an amount such as the Minimum Paymsnf Due or the New Balance on each statement. Y can cancel a ant, however we must receive notice at least three business days in advance of the scheduled payment. You may raft us oy phone of 1.800.347.2683 or mail at the address listed in the previous gag%mp '. If your ents vary in amount, we will tell you on each monthly statement when yaw erA will be made w much it w' I be. Your automatic payment amount may be less than indicated on the man Mont based on credits or payments applied during the bifflfing rye6. Cndif Reporting. • may nporf information abed your Account to credit bureaus. Lets payments, missed payments, a atinsr defauks on Account may be reflected in your er?edN sport We rnorinoRy report the status and payment history of y?$? er if nporfing ogsncia each month. I_ F you bsliew That ow sport is inaccurate a incomplete, pleoae its ua aatt rig rssa: Discover, PO Box 15316, Wilmington, DE 198545316. Plsaae indicate yaw name, address, home telsphaie nunibs? and Account number NOTICE: SEE RE SE SIDE FOR IMPORTANT INFORMATION DI VCR beg m ro impose Interest Charges on all transactions from this Transaction Date for the transaction afwwm Paying =1i • on your unless a transaction is posted to your Account after the dose of the billing period in which N occurs, in which ease w• in fo impose into ad charges on that transaction From the first day of the billinngg period in which if is posted to your We continue to impose Interest Charges until the date pay your entireNew Balance shown on your bill by mak' err receiving credits. If you paid the Mw Ba= on statanenf the end =7 sfww?n on that bilFna fatemers , we will not impose Interest Cf Zion new par roan. that i:, pawing on this current billing sfahm• il, or my portion of a new purchase, point by the Payment Due Date on c bring staNmed. W call this ifi• • period. It I. not I•ss than ZS days. There is no grata period on baksncekaraf nor cash advances. As more (?y described in this section of your Cardm•mb•r Agreement filled "Fiowr W App), y Paym " we ==(n1 y to your Account based on the APR applicable to tho balance of each karaad? This you do not pay the New Balance on the cwert billing statement by the Payment Due Dote a 14ng sstatem?, then, depending on the amount of your paymerd and the APRs on other balances, you may gM grate Per purchases. Mir&iurn ' - - . We will charge you a minimum Interest Charge of =.50 for any billing period in which Interest Charges of less n $. would otherwise be imposed. Animal Fee. If Account has an annual fee, it will be billed at the beginning-of each arniversory year your Account is open. The of ih• fee appears on the statement when the fie is 6 . The annual he is not nfundoble unless Y. nohLus that you to dose your Account within 30 days of the mailing or delivery date of the statement on which the fee is bi . You will receive this refund even if you use your Card during that period. plow we racaah trresr•st Charges Dally Balance Method (including current trmsaclians): W figure Interest Charges for each biting per To do This: W your Interest Charges separately for each balance subject to differert forms (for w omple, standard Purdmm standard cash advarkes and each purchase, balance transfer and cash advance balance subject ro terms). W refer to these bolonc•s as transaction categories. • W figure the "daily balance" for each transaction category. To get the "daily balance" we take the beginning balance for each day, add any new transactions and Isis and any Interest Charges accrued on this previous day's daily e. W then wbhact any credits and payments and make other adjustments (including those ad'uslme required in the section hied ';7N n4rest"). In calculating the dai balance for the first day of the bring per we consider the "previous ily balance" to have been your balance on the lost day of your prey. b ling 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 pet riodie rate, for each day in the billing period. • The fatal Oared Charges for the billing period are the sum of the daily Interest Charges for each transaction category far each day during that billing period. When ws talc daily balances, we add a now transaction as of the Transaction Date shown on your billing statement, unless titre is posted to your Account after the close of the billing period in which it occurs, in which can the transaction will b• added to the daily balance as of the first day of the biRfng period in which it is Posted to your Account. All fees cha to r Account areadded to the standard purchase transaction cat.gory with the exception of Cash Advance Fees wh' are to the applicable cash advance transoction category and Balance Transfer Few which are added to the applicable hanshr transaction category. Fw•iph Currency Fee: 2% of the U.S. dollar amount of each purchase made in a foreign currency. Pen APRs: E Nme you (ail ro make a ent when duo, we may, in accordance with ap?hcable law, GI terminate the illtty?r of nMoductory/probe Ants an new frarpaetiorhs and (ii increase your APRs for nwv lransaetiorhs ro variable PerraNy a which will b• deNnnmed by aidinngg up b an addifio?5 ?rcentap? points b Nhe otherwise applicable APR. Yaw P APR is determined based on your e:roddwoAhirhms and dh.r i<hcfora we-h as your erKrent APRs, arhd your account history. I ,yaw APRs for new haruocthom are increased for a kite payment, the RarhaNy APRs will apply iedefiniteiy: For T00 (T•feeersrNmrikeliens Delia for 16 D"Q assistance, please cal 1-800.347-7449. Discover may monitor and/or record telephone cols between you and Discover representatives for quality assurance purposes. The Discoverecordl is issued by Discover Bank, Member FDIC 01TBK 172 9229474 0 CA i? QUASt1OnS? Visit wwwbiscovr om or call 1-800-DISCOVER (1-800-347-2683). DISCiOVER 1 1 4 u1.22. 2011 8:13AM No. 1315 P. 6/14 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that she is Natasha SzczygieI (Name) Legal Placement Agcount Manager of DB Servicing Corporation, servicing affiliate for (Title) (Company). Discover Bank , 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. s (Signature) WVWR# 09229474 NICCOLE A JORICH 6011 0028 8257 3629 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILED-OFFICE Sheriff CIF THE. PROTHONOTARY , Jody S Smith Chief Deputy Richard W Stewart Solicitor tI f QFP E c S"QRIFF 2011 AUG 30 AM 8: 36 CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Niccole A. Jorich Case Number 2011-6526 SHERIFF'S RETURN OF SERVICE 08/22/2011 07:34 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August 22, 2011 at 1934 hours, he served a true copy of the within Complaint and Notice, upprl the within named defendant, to wit: Niccole A. Jorich, by making known unto herself personally, at 10 ancaster Boulevard, Apartment 6 Mechanicsburg, Cumberland County, Pennsylvan 1705 7its ntents and at the same time handing to her personally the said true and correct copy of the . S SHERIFF COST: $38.00 August 25, 2011 EPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c GountSuitc Shen'tI F:ieo:??fl. Inc WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. McCulley I.D. No. 1651-2008 325 Chestnut Street Suite 501 Philadelphia, PA 19106 Phone: (215) 599-1500 Fax: (215) 599-1505 File # 9229474 M8M/KNW Attorney for Plaintiff(s) DISCOVER BANK CUMBERLAND County Court of Common Pleas vs NICCOLE A JORICH No.: 2011 6526 CIVIL TE KNOW ?/E" A1: COUNT ,EN1 5YL ANIA ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: rn Kindly mark the above matter settled, discontinued and ended. ,?- <c=) 32, o-r; O C) WELTMAN, WEINBERG & REIS CO., L.P.A. Bi M At 1111111111111111111111111 1N1N IN 11a11111 IN 1111111111111111