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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Discover Bank,
Through Its Servicing Agent,
DB Servicing Corporation
Plaintiff
VS.
No : /A - 39q 0,i Vi l /errs
COMPLAINT IN CIVIL ACTION
JENNIFER A TRUETT
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
09467445 C A Pit SJS
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Discover Bank,
Through Its Servicing Agent,
DB Servicing Corporation
Plaintiff
VS. Civil Action No
JENNIFER A TRUETT
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 banking institution organized under
the laws of the State of Delaware and maintains a business address of
12 Reads Way, New Castle, DE 19720.
2. DB Servicing Corporation is the servicing affiliate for Discover
Bank, f/k/a Greenwood Trust Company, an FDIC-insured Delaware State
bank. As the servicing affiliate, DB Servicing Corporation performs a
variety of services for Discover Bank including, among other things,
the collection of delinquent accounts, marketing, application
approval, transaction approval, customer service, and billing. The
collection of delinquent accounts includes the right to forward the
account to the attorneys and/or collection agencies for collection and
to file suit on Discover Bank's behalf.
3. At all times pertinent hereto, DB Servicing Corporation is the
servicing affiliate for Discover Bank, in reference to Defendant
account, which is the subject of this litigation.
4. Defendant is adult individual(s) residing at 7500 MOLLY PITCHER
HWY SHIPPENSBURG, PA 17257
5. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX1597 .
6. Defendant made use of said credit card and has a current balance
due of $8289.28 , as of May 31, 2010
7. Defendant is in default by failing to make monthly payments when
due. As such, the entire balance is immediately due and payable to
Plaintiff.
8. Plaintiff is entitled to the addition of interest at the rate of
28.990% per annum on the unpaid balance from May 31, 2010 . A copy of
Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1".
9. Although repeately requested to do so by Plaintiff, Defendant has
willfully failed and/or refused to pay the balance due the Plaintiff.
WHEREFORE, Plaintiff prays for Judgment in its favor and against
Defendant, JENNIFER A TRUETT INDIVIDUALLY , in the amount of $8289.28
with interest at the rate of 28.990% per annum from May 31, 2010 until
date of judgment and costs.
James Wa ro t,42524
WEL WEINBERG & REIS CO., L.P.A.
436 S venth Avenue, Suite 1400
Pitt urgh, PA 15219
(41 ) 434-7955
F 412-338-7130
# 09467445 C A Pit SJS
This law firm is a debt collector attting to collect this debt for
our client and any information obtain will be used for that purpose.
DISC ?VER $0.00 Balance
31 SDSN6A010012232
JENNIFER TRUETT
LOT 7
7500 MOLLY PITCHER HWY
SHIPPENSBURG PA 17257-8892
Access and manage your account at
wwwDiscover.corn or visit m.discoveccorn
on your mobile phone.
PO BOX 6103 111111111111111111111111111
CAROL STREAM IL 60197-6103
Address, email or telephone change?
Go to www. ?rllu(luunillrlnlnrlrl1 nur1llluur1lr1(nnr((u(u
D'rc~xom or print change in space above. BIT
000001986458864335217000000000000000153100 t AR BIT
vpenrng Daft: May 28, 2010 - Qosing Daft:
D'lscover More Card Account Summary
Account number ending in 1597
Previous Balance $8,289.28
Payments And Credits 8,289.28
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
Firarnce Charges + 0.00
Other Feu t + 0.00
New Balance .00
See Finance Charge Summary section following hansadions
for detailed APR information
Credit Line $6,500.00
Credit Una Available $0.00
Cash Advance Credit Line $3,400.00
Cash Advance Credit Line Available $0.00
t See transaction detail For a description of any fees charged.
Anniversary Month
August
Opening Coshbock Bonus Balance $ 0.00
New Cashbock Bonus This Period + 0,00
Coshb«k lows flth . S 0.00
To barn more, log in at www.Disco~.com and relict Rewords
page 1 of 1
, 2010
Payment Information
New Balance $0,00
Minimum Payment Due $1,531.00
Payment Due Date June 28, 2010
late Payment Warning: If we do not receive your minimum
payment by the date listed above, you may have to pay a kste
fee of up to $39.00 and your purchase APRs for new
transactions may be increased up to the Default APR of
29.99% 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
NEWT Access your account securely through your
mobile phone
3 Easy Ways to Contact Us
1 Access your account securely at www.Discover.com
2. Call "00-DISCOVER (1.800.347.2683)
Please have your Discovers card available.
3. Write to us at Discover PO Box 30943,
Salt Lake City, UT 84130
For TDD (Telecommunications Device for the Deaf)
assistance, please call 1.800-347-7449.
Transactions
Ds Post
Date
Payments and Credits May 31 May 31 INTERNAL CHARGE-OFF
-8,289.28
Finance Charge Summary
Average
Daily Nominal
ANNUAL
ANNUAL
eriodic
F
current biking period: 4 days Daily
Baldnc !3
Periodic
Rotes
PERCENTAGE
RATES
PERCENTAGE
RATES
FINANCE
CHARMS 6111NCE
CHARGES
Purchases s0 0.07942% 28.99% 28.99% $0 $0
94SI && s0 0.07942% 28.99% 28.99% s0 $0
V - Variable Rate
Minimum Payment Due Account Number ending in 1597
$1,531.00 Enter Amount Enclosed Below
Payment Due Date $
June 28, 2010
See reverse side. DISCOVER
Imporw Information. If there is more than one page to this belling statement, see the back of each page for additional important information. W
See your CardmNnbr AgresmwN. Your Cardmetnber Agraernent contains at the terns of your Account. V)
z
Lost or stolen carrI Reportwrirmediasely! Call t40O347d663.
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Bating Rights Summery. in Case of Errors or Questions About Your Ben: If you think your bill is wrong, or if you need more nksmalron about a transaction on your bW, write b us on a o
separate sheet of paper a Discover, PO Box 30421, Salt Lake City, UT 84130-0421, as soon as possible. We must near from you no haler than 60 days after we sent you the first bill on °
which the error or prodern appeared. You can telephone us, but doing so will not preserve yew rights. In your killer. give us the following inermatien: N
Your name and Account number. N
The dollar amount of time suspected error
Describe the error and explain, if you can, why you believe there is an ermr. If you need more information, describe the item you are unsure about,
You do not have to pay any avant in question while we are Investigating, but you are still obligated to pay the pans of year bit that are not in question. While we. investigate your
question, we cannot report you as delinquent or take any action to ootect the amount you question.
Special Rule for Credit Card Purchases: If you have a problem with the quality of goole or services that you purchased with a credit card, and you have tried in good faith to correct
the problem with the merchant you may not have to pay the remaining amount due on the goods or services. You have limns protection only when the purchase price was more than $55'
and the purchase was made in your home stale or within 100 miles of your nailing address. (If we own or operate the merchant, or if we mailed you the advertisement for the goods or
services, at purchases are covered regardless of the amount or location of purchase.)
Payments. Send only your payment and Ifs tap portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you aut ortze us to
use information on your check to make an electronic hind transfer from you account at the financial institution indicated on your check or to process the payment as a check trap sacticm.
t payment is processed as an electronic fund transfer, the transfer will be for the amount of the check When we use nbnmation from your check to make an electronic fund transfer,
funds may be withdrew from your account as soon as the same day we receive your payment and you wig not receive you 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 to payment to any other address or if you use an
envelope other than the one provided. Payments received in proper kirm a our processkg W* by 5PM local lime on any day will be credged to your Account as cf that day. Payrrx :y
received at our orocessi g lenity alter 5PM local lime will M • cue Lied to you Account as of the next day. t you have misplaced your envelope, send your payment to Discover, PO &;.
6103, Carol Stream, IL 6019-t -6103. Please allow 7-10 days for delivery. If your payment is returned unpaid, we reserve the right to resubmit il as an electronic. dabs.
You can pay you nihinum payment or a greater amount over the Wephone, and you can set up automatic payments. Cal us at 1-800.347.2683. You will need this statement and your
bank account information. You must enure that sufficed kids are airaiabk in your bank account and all transactions must comply with U.S. law. You wig be asked to provide the first
5 digits of your uxound statement ZIP code. By enterWg those numbers as your electronic signature, you wit be agreeing to this authorization to allow a and your bank to deduct eatti
payment you authorize from your tank account, and to irltlae debit or credit entries to your bank accent as applicable, to correct an error in the processing of such payment. You must
tell us the amount of each payment or you can melaa an amount such as the Mrtnmum Payment Due or the New Balance on each statement. You can cancel a peymemt however we
must receive notice at least twee business days in advance of the scheduled payment. You may ndty us by phone at 14800.347-2683 or by net at the address listed in the previous
paragraph. If you payments vary in amount, vie will tell you on each mar" statement when you payment WIN be made and how much it wig be. Your autanak payment amount may
be less than Indicated on the mostly statement based on credits or payments applied during the Wig cycle.
Credit Reporting. We may report nformaben about WAccou t to credit bureaus. Lae payments, missed payments, or other defauls on your Account may be reflected in yow a f d:t
report. We normally report the status and payment history d your Account to credit reporting agencies each month. It you beWeve that our report is inaccurate or incomplete dears write
us at the kllowing address: Discover, PO Box 15316, Wilmlgbn. DE 198505316. Please include your name, address, have telephone number and Account number.
Grace Period on Purehasa (at leaf 25 drys). We begin to wpm Periodic Finance Charges on all transactions from the Transaction Dale for the hasachon shown on your billing
statement, unWs a transaction is posted to you Accent after the dose of the bill period n which I seams, In which case we begin to trnpose Periodic Finance Charges on met
transaction from the firs( day of the billing period in which it is posted to your Account. We cominue to Impose Periodic Finance Chhrges until the date you pay your entire New Balance
shown on your longing statement by malting payments or receiving weft. However, t you pad the New Balance on you previous biting statement by the Payinent Due Date shown
on the b*v staWwL we will not impose Periodic Finance Chagas on new purchases, that is, purcheeea first appealing on the current billing statement or any portion of a now
purchase, paid by the Payment Die Dale on your current bang etetensrht. We call this the'grace period.' There is no grace period on balance transfers or cash advances. As more
fully desalDed in the sedan of your Cardnhenmber Agreement Wed lbw We Apply Pi rmerhts, I We generally apply payments to your Account based on ft Annual Percentage Rate
applicable to the balance of each transaction category. This mans that 0 you do not pay the New Balance on the current biting statement by the Payment Die Date shown on that billing
statemml, then, depending on the amour of your payment and the Annual Percentage Rates on other balances. you may trot got a grace period on new purchases,
Minimum Finance Charge. We will charge you a minimum FIANCE CHARGE of 5.50 for any bfllg period in which Periodic Finance Charges of less than 550 would otherwise be
imposed.
Annual Fee. If yourAccount has an annual We, If wig be billed at the beginning of each anniversary year your Account is open. The amount of the fee appears on the statement when tie
k:- t9l4>a The annual fee snot refundabk unless you notify us that you sin to r fix your Accour within 30 days of the mailing of delivery date of the statement on which the fee is
bikrt. You wits remye this refund even it yuu use your Cad during that period.
Periodic Finance Charges We sat your transactions into groups of purchsses, cash advances, and balance harsf sis and then fisher sal the transactions wthn each group by
their Annual Percentage Rate. For example purchases subject to a promotional rate and purcnames subject to a standard rate would be separate groups. We refer to these groups as
transaction calegovies. At the end of each WV period, we compute balances and Periodic Finance Charges for each day of the bill" period for each transaction category We use n
folkiwiny equation to compute Periodic France Charges for each trasacton category:
(Average. Daily Balance) limes (days in billing period) lime (Daly Periodic Rate).
You rruQmhNr hce Chap Sunmary on your lolling statement for ft. amounts. Then we add up the Periodic Finance Charges for each transaction category to get the
total Periodic Finance Charges for yourAccoum. The Average Daily Balance shown as zeroll, because of the grace period, no Periodic Finance Charges apply to the balance in a
transaction category The Daily Periodic Rate is 11365th of the corresponding Anti ual Percentage Rate.
We use f Average Daily Balance (inducing new transactions) one" of cast ula± g the balance upon which we impose Periodic Finance Charges. We compute the Average Daily
Balance for each transaction category by adding up all the daily balaxes in a billing period for a transaction category and dividing the total by the number of days n the billet period
We compute the daily balance for each transaction caagary on each day by fast adding ire following to the previous day's daily balance: transactions with a Transaction Daie of that
day as shown on your billing statement unless the transaction is posted to your Account after the dose of the billing period in which it occurs, in which case the transaction will be
acicr.
to the daily balance as of the first day of the b&V period to which it is pasted to your Account, fees charged that day and Periodic Finance Charges accrued on the previous day's d
balance; and by ten subtracting any credits and payments that are applied against be balance of thine transaction category on that day. In calculating the daily balance for the firs'
the bging pouf. we consider the'previrus days dairy balance' to have teen your balance for each transaction category on the last day of your previous billing period.
All fees charged to your Account are added to the standard p milli a transaction category with the exception of Cash Advance Transaction Fee Finance Charges which are added t.
applicable cash advance transaction caegay and Balance Transfer Transaction Fee Fnas a Changes which are added to the applicable balance transfer transaction category.
For TDD (Telecommunkatons Duke for the Deaf) assistance, Please call 16"7.7449.
Discover may monitor andfor retard telephone cats between you and Discover representatives for quality assurance purposes.
02010 Thor Discover" card is Issued by Discover Bank, Member FDIC PA021
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 Szczygiel, 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# 9467445
Jennifer A. Truett
6011002770211597
2617 H R 2 2 PM 3: U 6
WEINBERG & REIS CO., L:? ERLAWD COUNT?P
WELTMAN, PANS YLVAfi i?ne
BY: Sarah E. Ehasz y for Plaintiff(s)
I.D. No. 86469
436 Seventh Avenue 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
Fax: (412) 338-7130
File # 9467445 SEEMS
Discover Bank, Through Its Servicing Agent
DB Servicing Corporation
Cumberland County
Court of Common Pleas
VS.
JENNIFER A TRUETT
No.: 12-394 CIVIL TERM
PRAECIPE TO DISMISS WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss the above matter without prejudice .
WELTMAN, WEINBERG
By 2?'
Sarah E. Ehasz, Esquire
Attorney for Plaintiff
O., L,P:A.
w
JENNIFER A TRUETT
7500 MOLLY PITCHER HWY
LOT 7
SHIPPENSBURG, PA 17257