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Home My WebLink About12-0988n o 2 !" CID r -Orn Zo ?10 C-) zC MC O r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. CANDACE L BABE Defendant(s) No. lol - 988 3-vi ! 1 arlv1 COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#09190864 CS) 103.75 Pb ATTI c*# 0.54&gq,5 p,4t a 7 1093 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff VS. Civil Action No. CANDACE L BABE Defendant(s) COMPLAINT IN CIVIL ACTION 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 ON AGENICES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLSVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices at 12 Reads Way, New Castle, DE 19720. 2. Defendant(s) is/are adult individual(s) residing at the address listed below: Candace L Babe 111 Sovereign Drive Carlisle, PA 17015 3. Defendant(s) applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX7302. 4. Defendant(s) made use of said credit card and has currently a balance due of $1.5111.50, as of March 31, 2011. 5. Defendant(s) is/are 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 19.24% per annum on the unpaid balance from March 31, 2011. A true and correct copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant(s) has/have willfully failed and/or refused to pay the balance due to Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant(s), Candace L Babe individually, in the amount of $15111.50 with continuing interest thereon at the rate of 19.24% per annum from March 31, 2011, and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. W brodt, Esquire PA I.D. #4 WELTM EINBERG & REIS CO., L.P.A. 1400 Kop ers uilding 436 Sev th venue Pittsbur h, A 15219 (412) 4 4- 55 W WU209190864 New Balance DISCS tVER $15,111.50 08 SDSN6A01 0004542 CANDACE BABE 800 E ROSS PL RIDLEY PARK PA 19078-1424 Go paperless Information and make with wi account secure your password• protected statements only you can access. Loam more at discover.comipspertess. PO BOX 6103 Illrrr?Isss?Irrs?arlsrrlsll CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Irl?armr???r?n?nr r??nnrl(?1rnnl?r Innr?(rr?u?l EXHIBIT Go to www.Discovw.com or print change in space above. 1.1 ' 000001986457002948634151115000000001511150 1 Opening Dab: April 1, 2011 - Closing Dab: April 8, Discover More Card Account Summary Account number ending in 7302 Previous Balance $15,111.50 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 15,111.50 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $13,600.00 Credit Lne.Avoilable $0..00 Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 wansiua.w uwwa Anniversary Month September Opening Cashbock Bonus Balance $ 0.00 New Cashbock Bonus This Period + 0.00 Cashbock Bonus Balance $ 0.00 To learn more, log in at www.Discw*r.com 3 Easy Ways to Contact Us 1 Access your account securely at www.Discover.corn 2. Call 1-8004ASCOVER (1.800.347-2683) Please have your Discovers card available. 3. Write to us at Discover, PO Box 30943, Sob Lake City, UT 84130 (Not a poyment address) For payments, send to address on remittance or Discover PO . x 6103, Carol Stream, IL 60197.6103 For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. fwsye ? w, ? Payment Information New Balance $15,111.50 Minimum Payment Due* $15,111.50 Payment Due Date DUE IMMEDIATELY *Includes past due amount of $2,655.00 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 24.24% 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: to ttt€ Yitrs wI pay J yAn I?ild??,sfia>Apr?r?rs up payls+g,an is Cord cnd Qtia>P. estimated tota4 of ` Only the minimum 12 years $15,112 payment If you would like information about credit counseling services, call 1-800.347.1121 Manage Your Account Online at www.Discovor.com • Access free online tools like Paydown Planner to create a plan to pay down your bolonce securely access statements, pay bills online and easily track all transactions • Make your money worth moresm-find easy ways to earn and redeem cash rewards • NEWI Access your account securely through your mobile phone Transactions 9190864 Date' PDost Fees TOTAL FEES FOR THIS PERIOD $ 0.00 krierest Owrged TOTAL MEREST FOR THIS PERIOD $ 0.00 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 $ 105.00 TOTAL INTEREST CHARGED IN 2011 754.48 Minimum Payment Due Account Number ending in 7302 $15,111.50 Enter Amount Enclosed Below Payment Due Date $ -? DUE IMMEDIATELY NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION D' 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 Discovercom/paperless 02010 Discover Bonk. Member FDIC PAPER.0310 v rn z 0 0 g0 A NN X V 9190864 Questions? Visit www.Diswvor.com or DISCOVER call 1-800-DISCOVER (1.800-347-2683 . DISC VER It pop b CANDACE BABE DISCOVER' Account number ending in 7302 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 8 days TYPE Of BALANCE ANNUAL PERCENTAGE BA A E S UB ECT TO NTEREST CHARGE (AM A S ? ERE Puichases 19.24% V $0 $0 Post Purchoses 24.24% V $0 $0 Cash Advances 26.24% V $0 $0 V . Variable Rate Additierral b'F- nt Infonnatimr - See your Ca r& mi ber Agnernent. Your Cordmember Agreement contains all the terms of your Account. Lost or stolon cards. Report immediately! Cal 14MO-347.2683. What To Do N You Think You Find A AfsMkei On Yew Sto/ement If you think there is an error on your statement, wrtte to us at: Discover, PO Box 30421 Sant Lake City, UT 84130-0421 In your letter, give us the following information: Account information: Your rams and account number. Doffar amount: The dollar amount of the suspected error Pion of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe duami os-'T? 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 the amount in question. While we invedigoW whether or not there has been an error, the following are true: We cannot tryto collect the amount in question, or report you as delinquent on that amount. • The charge in qusanon 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 haw to pay Ilse 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. y Rfah is N You Are DissaHafied j M Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchossd with your credit card, and you have tried in good faith to correct the problem with the merchant, you may haw 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 date 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 mailed to you or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully.poid for the purchase.... If all of the criteria above are met and you tae still dissatisfied with the purchase, contact us in writing at: Discover PO Box 30945, Stab Lake City, UT 84130-0945 While we investigate, the same rules apply to the disputed amount as discussed above. After 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. Payrrnenb. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your chock as described above, you authorize us to use information on your check to make on electronic fund transfer from your account of the financial instfhuffon indicated on your chock a fo process the payment as a chock transaction. If payment is processed as an electronic fund transfer, the transfer will be for the amount of the chock. When we use information from your check to make an eedronic 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 chock back from your financial institution. The procsuing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment Cur ether address or if you use an envelops other than the one provided. Payments received in proper form at our processing facility by 5PM local time on any d will be credited to your Account as of that day. Payments received of our procsasrng facnli after 5PM local time will 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 riq?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 "by 'n account balance over lfw telephone or you can setup automatic payments through a customer service rspnsertafi" by calling 1-800-347.2683. Automatic payments will be deducted on the payment due date unless you request a payment date that occurs before your payment due date. If your scheduled payment date falls on a weekend or bank holiday your payment will be processed the business cloy prior to the weekend or bank holiday. In order to schedule monthly ppau?ymmarts ?y telephone, you will need this statement and your bank account information. You will be asked to provide the last four (4) digits of the social sacur.ty number of the primary borrower By providing those numbers as your electronic signafvre,youu will be agreeing to this authorization to allow us and your bank touct each payment you avlhorizo, 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 aodicabls to correct on error in the processing of such payment. You can cancel a scheduled payment by phone of 1.8b43 2683 or b't moil of the carrespondsncs addreu listed above; however ws must receive n ice at Isaac'!sees business days in advance he scheduled payment. If your payments may vary in amount, we will tell you on each monthl?yy atatemsM when your payment will be made and how much it will bs. You must ensure that sufficient funds taro avalbbls in r bank oeeouM, and p)I?musf comply with U.S. kaw. If your scheduled payment is not enough a cover iM Tafal Amount Due oa listed >1!!hh billing atafemsM, you will bs resporuibk for paying the difference. Your automatic payment amount may bs less than the amount indicated on the periodic statement loosed on credits or paymsMa after the closing date. If you enroll by phone in our automatic payment service, pease fill-in the following blanks below and retain the authorization for your records. Amount: ? Full Pay ? Min Pay ? Min Pay + $ Bank Routing #: : Bank Account #: , Frequency Credit R porting. 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 inoccu ote or incomplete, please write us al the Following address: Discover, PO Box 15316, Wilmington, DE 19850-5316. Please indicate y ,ir name, address, home telephone number and Account number NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Pay l dered We begin to impose interest charges on a transaction fee or interest charge From the day we add it to the daily balance. We co inus to impose interest charges until you pay s 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 1"Grote Period"1 It you paid Ro Now balance on your prey -billing 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 Purc hase, paid by the Purchase Due Dale on your current billing statement. row Purchases are Purchases that first appear on the currant billing statement. How We 6gEh Payments Mar Imago Your Grace Period it you o not pay your Now aTancimm run each mom, then, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. Flow We Cakt" Interest Charges Daily Balance Method (indudisg currwd transactions); We calculate interest charges each biMir?g period by first rinngg the "daily balance" for each Transaction Category . Transaction ?egories include f d diff ti l b l h B T d P h C h Ad t l d d ance ers. vances an eren promo ona o onees, wc as a rans ases, stan a as stan ar urc Flaw We Figure the Daly Balarsce for Each Transaction Category • We start with the inning balance for each day. The inning balance for the first day of the billing period is o r revious billin eril b d f l O p g p your ance on ay o y u a n • We add any interest charges accrued on the previous day's daily balance and any new transactions and fees. We add any now transactions or fees as of the later of the Transaction Dote or the first day of the billing period in which the transaction or fee posted to your Account. We subtract any new credits and pay neMs. We make other odjustments (including those adjustments required in the "Paying Interest" section). How We Figure Year Total Interest Charges yr We multiply the daily balance for each Transaction Categor rant. We do this for such day in y by iri daily Ma the billin This ives us the interest chor es for each Tronsodion Cate or To et a dail eriodic rate ar entad g y. y p , g y. g p . g g g we divide the 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. 8 Flow We Indude Fees We add Balance Transfer Fees to the applicable Balance Transfer Transaction Category. We add Cash Advance d h d d ro vance Transaction Category. We odd all ot er f to the stan ar Purchase Fees to the applicable Cash A Transaction Category. Balance Subject to Interest Rate. Your statement shows a Balance Subled to Interest Rate. k shows this for each transaction category. The Balance Subied to Interest Rate is the average of the daily balances during the billing period. For TDD (Te6eninrrwrications Device for the Deal) attaMnce, please call 1-806347.7449. Discover may monitor and/or record teleplrons calls between you and Discover representatives for quality assurance purposes. The Discovermcard is issued by Discover Bank, Member FDIC RZNrE001 9190864 Questions? Visit www.Discover.com or DISCOVER' call 1-800-DISCOVER (1.800-347-2683). s Jan, 9, 2012 1:28PM No, 2329 P. 10 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 Szcgygiel (Name) Legal Placement Account Manager of DB Servicing Corporation. servicing affiliate for (Title) (Company? Discover Rank , 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# 09190864 CANDACE L BABE 6011 0011 5067 7302 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 7 ,- ... e ! HE F '. R ? T H, 'ti:: wO IF"', 1 ?. 2012 FEB 27 AM 8: 29 CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Candace L. Babe Case Number 2012-988 SHERIFF'S RETURN OF SERVICE 02/21/2012 02:53 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 21 2012 at 1453 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Candace L. Babe, by making known unto herself personally, at 111 Sovereign Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $34.00 February 23, 2012 .? _ DENT IS FRY, DEP SO ANSWERS, RON R ANDERSON, SHERIFF (ct Cour.- Sulte She! ft I , I, . w. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CANDACE L BABE Defendant Civil Action No. 2012-00988 MM - " ., r , ??> r o C CD PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, CANDACE L BABE, in the amount of $17,764.06 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A. Y? Attorney for Plaintiff CANDACE L BABE 800 EAST ROTH PLACE RIDLEY PARK, PA 19078 W WR# 9190864 lvyLl??'?? OkA 1Vn?[0 tVIC?Qd IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No 2012-00988 CANDACE L BABE 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, CANDACE L BABE, above- named, in the amount of $17,764.06 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $17,764.06. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, CANDACE L BABE, in the amount of $17,764.06 plus continuing interest thereon at the statutory rate of 6.000% per annum from the date of judgment, and costs. 3. Defendant shall pay monthly at a rate of $200.00 commencing on February 25, 2012 and each month thereafter for six (6) months; Defendant shall then contact Plaintiff to set up a further suitable payment arrangment. 4. All payments are to be made payable to the order of "DISCOVER BANK" 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 1400 Koppers Building, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. 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. . 4b 7. Time is of the essence of this agreement and should the Defendant fails 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 e-' ?-? day of G. , 200. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. # 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue 1400 Koppers Building Pittsburgh, PA 15219 WWR# 9190864 A PIT SJS CANDACE L BABE 800 EAST ROTH PLACE RIDLEY PARK, PA 19078 .y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 2012-00988 CANDACE L BABE Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or judgment was entered against you on q1Y&A (xx) Ass'umpsit Judgment in the amount of $17,764.06 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 CANDACE L BABE 800 EAST ROTH PLACE RIDLEY PARK, PA 19078 By: w PROTHONOTARY (OR DEPUTY)