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Home My WebLink About11-7016\1 F1LED-OF1` 1Cw- "F THE PROTHONOTARY 1011 SEP - 9 PM 12: 3 7 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DOREEN R PEIPER Defendant No : // - 701 e( U/ G 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 09281138 C A Pit SJS S ? 92. ooPa' ff 0/06-6-777 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No DOREEN R PEIPER 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: DOREEN R PEIPER 161 CLEMSON DR CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3604 . 4. Defendant made use of said credit card and has a current balance due of $11985.33 , as of June 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 20.2406 per annum on the unpaid balance from June 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 , DOREEN R PEIPER INDIVIDUALLY , in the amount of $11985.33 with interest at the rate of 20.2400 per annum from June 30, 2011 plus attorneys' fees of $125.00 , and costs. Wa ro ,42524 WEWEINBE G & REIS CO., L.P.A. 43th Avenue, Suite 1400 JaA39 Pih, PA 15219 (4-7955 FA 338-7130 09C A Pit SJS This law firm is a debt collector atte pt j g to collect this debt for our client and any information obtain ill be used for that purpose. DISCOVER $0 New 00 glance Minimum Payment Due $1,982.00 Payment Due Date July 25, 2011 30 SDSN6AD1 0003913 DOREEN PEIPER 161 CLEMSON DR CARLISLE PA 17013-8891 Account Number ending in 3604 Enter Amount Enclosed Below $ Tired of buying stamps? Go mobile! Make payments from your phone with the Discover app. It's fast and it's free. Download today at http://www.discover.com/apps PO BOX 6103 11 111111111111 If CAROL STREAM IL 60197-6103 Address, *-moil or telephone change? Go to www.Discover.com or print change in space above. 11111111111111111111 t i l l I 11111111111 11111111111111111111111h.11 „? "LlIBIT 000001986457780650113000000000000000198200 ??^/ Opening Date: June 3, 2011 - Closing Date: June 30, 2011 page 1 of 2 Discover More Card Account Summary °: I Account number ending in 3604 Payment Information New Balance $000 Minimum Payment Due $1.982.00 Payment Due Date July 25, 2011 Previous Balance $11-985.33 Payments And Credits 11.985.33 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 New Balance $0.00 See Interest Charge Calculation section Following transactions for detailed APR information Credit Line $10,500.00 Credit b" Available $0.00 Cash Advance Credit Line $5,300.00 Cash Advance Credit Line Available $0.00 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 25.24% variable. 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 NEWI Access your account securely through your mobile phone 3 Easy Ways to Contact Us Cash C Bonus® Anniversary Month I Access your account securely at www.Discowr.com August 2. Coll 1.800-DISCOVER (1.800.347.2683) Please have your Discover®card available Opening Cashback Bonus Balance $ 0.00 . 3. Write to us at Discover, PO Box 30943 New Cashback Bonus This Period + 0.00 , Salt Lake City, UT 84130 (Not a payment address) Cashback Bonuc Balance T l - - $ 0.00 For payments, please send to address on remittance or Discover PO Box 6103, Carol Stream IL 60197 6103 o earn more, log in of www.Discover.com , . For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800.347.7449. Transactions Trans. Date Post Dabs Payments and Credits Jun 30 Jun 30 INTERNAL CHARGE-OFF Foss $ 11.985.33 TOTAL FEES FOR THIS PERIOD $ 0 00 Interest Char . TOTAL INTEREST FOR THIS PERIOD $ 0.00 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 TOTAL INTEREST CHARGED IN 2011 9281138 $ 210.00 1 120.55 ---L Jct KtvtKJt sK)E FOR IMPORTANT INFORMATION DISCOVER I 11PaYsto DISCUN DOREEN PEIPER ER Account number ending in 3604 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 28 days TYPE Of BALANCE ANNUAL PERCENTAGE RATE (APR) BALANCE SUBJECT TO I INTEREST CHARGE Purchases NTEREST RATE 09/22/2010 and after 20.24% V $0 $0 09/21/2010 and prior 15.24% V $0 $0 Cash Advances 23.99% $0 $0 Balance Transfers 2.99% $0 $0 V = Variable Rate Additional Important Information See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediatelyl Cali 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 3042 1 Salt Lake City, UT 841 30.0421 In your letter give us the following information: Account information: Your name and account number Dollor amount: The dollar amount of the suspected error Descri lion of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe tsamg a. 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 try to collect the amount in question, or report you as delinquent on that amount. The charge in question ma 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 Riohts If You 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 faith to cored 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: I 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 sentoont we mailed 2. You must haven sed your credit card for the purchase. e Puown the rchases o adenwith acash advances g?? 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 writing at: Discover PO Box 30945, Soft Lake City, UT 84130.0945 investigation, we will tell you our decision. Att that point, if we think you discussed an above. and you finish 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, 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 check or to process the payment as a check transaction. ff 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 same 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 to any other address or if you use an envelope other than the one provided. Payments received in proper form at our processing tocility by 5PM local time on any dayy will be credited to your Account as of that day. Payments received at our processing facility after 5PM local time 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 Carol Stream, IL 60197.6103. Please allow 7.10 days for delivery. If your payment is returned unpaid, we reserve the rig?t 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 1.800.347-2683. Automatic payments will be deducted on the pa ment due date unless ou re nest a occurs before your payment due date. If your scheduled a a q payment date that be processed the business doy prior to the eekend or bank holiday t In order to schedule monntthly Fody -motifs buyy follephone;W?il you will need this statement and your bank account information. You will be asked to provide the ostyfour (4) di its 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 processing of such payment. You can cancel a scheduled payment by phone at 1.800.347-2683 or b mail of the correspondence address lisfed above; however we must receive notice at least three business days in advance ?taed?d payment. If your payments may vary in amount, we will tell you on each month)y statement when your p e 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 mont less than he ahlmou?nlt Indicated on the perilodicrstatementeba for paying the based on ifference. automac closing dgtee t amount may be 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 #: NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Frequency: Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. We normally report the status and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover PO Box 15316, Wilmington, DE 19850-5316. Please indicate your name, address, home telephone number and Account number Paring Interest: We begin to impose interest charges on a transaction, fee or interest charge from the day we add it to the daily balance. We continue to impose interest charges until you pay the 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 Paying Interest on Purchases "Grace Period" you paid The ew a lance on your previous i ing statement by the Payment Due Date shown on that billing statement, we will not impose interest charges on new Purchases, or any portion of a new Purchase, paid by the Purchase Due Date on your current billing statement new Purchases are Purchases that first appear on the current billing statement. How We A I Pa ments MciImpact Your Grace Period you o not pay your ew a once in full each month, then, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. How We Calculate Interest Charges Daily Balance Method (including current transactions): We calculate interest charges each billing period by first figuring the "daily balance" for each Transaction Category. Transaction Categories include standard Purchases, standard Cash Advances and different promotional balances, such as Balance Transfers. How We Figure the Daily Balance for Each Transaction Category We start v, ith the b bmin9 balance for each day. The beginning balance for the first day of the billing period is your balance on the last day of your previous billing period We add any interest charges accrued on the previous day's daily balance and any new transactions and fees. We add any new transactions or fees as of the later of the Transaction Date or the first day of the billing period in which the transaction or fee posted to your Account. We subtract any new credits and payments. We make other adjustments (including those adjustments required in the "Paying Interest" section). How We Figure Your Total Interest Charges We multiply the daily balance for each Transaction Category by its daily periodic rate. We do this for each day in the Why period. This gives us the interest charges for each Transaction Category. To get a daily periodic rate, we divithe APR that applies to the Transaction Category by 365. We add up all the daily interest charges. The sum is the total interest charge for the billing period. How We Include Fees We add Balance Transfer Fees to the applicable Balance Transfer Transaction Category. We add Cash Advance Fees to the applicable Cash Advance Transaction Category. We add all other fees to the standard Purchase Transaction Category. Balance Subject to Interest Rate. 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 billing period. For TO (Telecommunications Device for the Deaf) assistance, please call 1-800.347.7449. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discover card is issued by Discover Bank, Member FDIC RZNFE001 9281138 Questions? Visit wwwbiscover,corri or call 1-800-DISCOVER X1.800-347.2683. DISC*VER 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 Szczvgiel Legal Placement Account Manaeer (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# 9281138 Doreen R. Peiper 6011001889443604