Loading...
HomeMy WebLinkAbout12-3164IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. SHIRLEY A KELLEY Defendant No : repl--yl ?m Y? COMPLAINT IN CIVIL ACTIO3;"' FILED ON BEHALF OF 77 Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 09296407 C A Pit SJS -03; /03. 75-12 C # to W/3AS ?? a I szld l 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 SHIRLEY A KELLEY 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 1429 N HARMON RD NEWBURG, PA 17240 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1729 6. Defendant made use of said credit card and has a current balance due of $5315.54 as of January 30, 2012. 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 16.49% per annum on the unpaid balance from January 30, 2012. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111". 9. Although repeatedly 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, SHIRLEY A KELLEY, INDIVIDUALLY, in the amount of $5315.54 with interest at the rate of 16.49% per annum from January 30, 2012 until date of judgment 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. William T Molcza Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 R New Balance Minimum Payment Due DISCOVE56,420.04 LS372.00 Payment Due Date August 4, 2011 09 SDSN6A01 0000380 SHIRLEY KELLEY 1429 N HARMON RD NEWBURG PA 17240-9133 Account Number ending in 1729 Enter Amount Enclosed Below Tired of buying stamps? Go mobilel Make payments from your phone with the Discover app. It's fast and Ws free. Download today at http1twwadlscover.com/apps PO Box 71084 Illrrrllrrrtlrrrlrlrrrrrlll CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? Inlrllnlnrlrllurlnlrlur?l?lnrlnlnlnllutulnlnln?l Go to www.Discover.com or print change in space above. EXHIBIT 000001986458185356967064200400000000037200 1 Opening Date: June 10, 2011 Closing Date: July 9, 2011 Discover More Card Account Summary Account number ending in 1729 Previous Balance $6,296.97 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 35.00 Interest Charged + 88.07 New Balance 6,420.04 See Interest Charge Calculation section follow ing transactions for detailed APR information Credit Line $6,600.00 Credit Line Available $0.00 Cash Advance Credit Line $1,700.00 Cash Advance Credit Lino Available $0.00 Ca5 C Bonus' Anniversary Month August Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To learn mor*, bg in at www.Diwov*r.com 3 Easy Ways to Contact Us 1 Access your account securely at www.Discover.com 2. Call 1.800-DISCOVER (1-804347-2683) Please have your Discovers card available. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Carol Stceam, IL 60197.6103 For TDD f telecommunications Device for the Deaf) assistance, please call 1-804347.7449. page 1 of 2 Payment Information New Balance $6,420.04 Minimum Payment Due* $372.00 Payment Due Date August 4, 2011 'Includes post due amount of $246.00 Late Paynnnt 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 21.49% variable. Minimum Payrnent 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: Fyou>make pwG Y66 Will pay off'the Md Y60 will end; Wdtt" 4wges balance shown am-. up paying an, "9 this cord and Ihis stotornwtt.im esNmatedtotal 6E; . m.oatktk pay.. about. Only the minimum 33 years $22,404 payment If you would like information about credit counseling services, cal 1-800.347.1121 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 bills online and easily track all transactions • Make your money worth more sm-find easy ways to earn and redeem cash rewards • NEWT Access your account securely through your mobile phone Transactions Trans. P 9296407 D i e Fees Jul 4 Jul 4 LATE FEE $ 35.00 TOTAL FEES FOR TENS PERIOD 35.00 interest Charged INTEREST CHARGE ON PURCHASES $ 78.09 INTEREST CHARGE ON CASH ADVANCES 9.98 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL MEW FOR THIS PERIOD 88.07 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION D1S ER DISCOVER L It pays to SHIRLEY KELLEY L._ DW VEW Account number ending in 1729 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 30 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUdfECT TO INTEREST CHARGE RATE ? Purchases 16.49% V $5,761.01 $78.09 Cash Advances 20.99% $578.41 $9.98 V = Variable Rate Additional Important Information - See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen Card:. Report immediately) Cal 14100.347.2683. What To Do if You Think You Find A MFstake On Your Slvtemenl If you think there is an error on your statement, write to us at: Discover, PO Box 30421 Salt Lake City, UT 84 1 30-042 1 In your latter, give us the following information: Account information: Your name and account number Dollar amount. The dollar amount of the suspected error I pt EI lion of Problem: If you think there is an error on yoyr bill, describe what you believe is wrong and why you believe it is a mists ne. 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 called 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 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 Riahts N You Are Dissaflst"ied With Your Credit Cord !errs chases If you are dissatisfied with the ids or services that you have purchased with your credit card, and you have tried good faith to correct the pro blem 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 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 mailed to you or if we own the company that sold you" 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 paid for the purchase. If all of the criteria above are met and you are sHN dissatisfied with the purchase, contact us in writing atr Discover PO Box 30945, Salt 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. Payments Send only your paibyedment anwd the top portion of this statement in the envelops provided. Do mat send cash. By sending your It as desc r Dho, you authorize us to use information on check to make an electronic fund transfer ham your account at 1M financial instilufion indieahd on your cheek tK to pr«su the payment as a cheek transaction. fF paymentis processed as on electronic fund transfer, the Iranshr veil bs fw the amount of the check. When we use information (ran your cheek to make an electronic fund troms(sr funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check b«k Fran your financial instilulion. The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment fo any other address or if you use an envskgps 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 at our processing FacIII 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 60 1 9 7-6 1 03. Please allow 7.10 days for delivery. If your payment is returned unpaid, we reserve the riq?t to resubmit B 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 o customer service representative by calling 1-804347-2683. Automatic payments will be deducted on the payment due date unless you request a paymam date that occurs before Cur payment due date. If your scheduled payment date falls on a weekend or bank holiday, your payment will be processed business day prior to the weekend or bank holiday. In order to schedule monthly payments by telephone, yoU. will need this statement and your bank account information. You will be asked to provide dw last four (4) diggih of the social security number of the primary borrower By providing those numbers as your electronic signature, you wi 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, it or credit entries to your bank account, as aicable, to correct an errs in the processing of such payment. You can cancel a scheduled payment by hone of 1-800-3 2683 or by mail at the correspondence address listed above; however we must receive notice at least three business days in advance of the scheduled payment. If your payments may vary in amount, we wig tell you on each monthly statement when your payment will be made and how much it will be. You must ensure that sufficient funds are ovailoble 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 gt?hly billing statement, you will be responsible for paying the difference. Your automatic payment amount may be Ras amount indicated on the periodic statement based on credits or payments after the closing date. 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 Frequency: ?urr "t ReportingWe may rort inmdefaults on your Accoumy Account to credit reporting agencies a«h month. IF believe that our report ns inaccurate or incompleb, pkaase write us at the following address: Discove, PO Box 1531 b, ilmington, DE 19854531 b. Plsass indicate your name, addross, home telephone number and Account number NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paying Interest: We begin to impose interest ci daily balance. We continue to impose interest interest on Purchases as described below. Hov Advances. It you paid the New Balance on your prewo, will not impose interest charges on new Purc current billing statement. new Purchases are it you ao nor pay your rvew oatance in rem out you may not get a grace period on new Purch How We Calculate Interest Charges Daily Bal each billing period by first figuring the daily k standard Purchases, standard Cash Advances How We Figure the Daily Balance for Each Tra we start with the beginning balance It your balance on the last day of your pi We odd any interest charges accrued add anyy new transactions or fees as of which the transaction or fee posted to We subtract any new credits and payr We make other adjustments (including How We Figure Your Total Interest Charges We multiply the daily balance for eacl the billing period. This gives us the int we divide the APR that applies to the T We add up all the daily interest charg, How We Include Fees We add Balance Transfer Fees to the applicak Fees to the applicable Cash Advance Transact Transaction Category. Balance Subject to Interest Rate. Your stateme transaction category. The Balance Subject to period. For TDD (Telecommunications Device for the D Discover may monitor and/or record telephon purposes. The Discover®card is issued by Discover Banl 9296407 on a transaction, fee or interest charge from the day we add it to the as until you pay the total amount you owe us. You can avoid paying you cannot avoid paying interest on Balance Transfers or statement by the Payment Due Date shown on that billing statement, we any portion of a new Purchase, paid by the Purchase Due Date on your s that first appear on the current billing statement. depending on the balance to which we apply your payment, rice Method lincluding current transactions): We calculate interest charges lance" for each Transaction Category. Transaction Categories include rd different promotional balances, such as Balance Transfers. wcfion Category each day. The,(ginning balance for the first day of the billing period is vious billing perioodd r the previous day's daily balance and any new transactions and fees. We iw later of the Transaction Date or the first day of the billing period in wr Account. as* adjustments required in the "Paying Interest" section) enaction Category by its daily periodic rate. We do this for each day in at charges for each Transaction Category. To get a daily periodic rate, saction Category by 365. The sum is the total interest charge for the billing period. . We add Cash Advance Balance Transfer Transaction Category 1 Category. We add all other fees to the standard Purchase shows a Balance Subject to Interest Rate. It shows this for each rrest Rate is the average of the daily balances during the billing 9 assistance, please call 1-800-347-7449. calls between you and Discover representatives for quality assurance Member FDIC RZNFE001 U) v m M D 0 0 o° 0 0 Questions? Visit www.Discover. m or DISCOVER call 1.800-DISCOVER (1-800-347-2 83). Paperless statement; mean less clutter, more convenience Easily access up to 24 months of d wnloadabie, password protected statements. • See your statement as soon as 's available rather than wait for it to arrive in your mailbox. i • Get helpful payment reminders rough e-mail or text messages on your mobile phone. • Print a paper copy of your state ent anytime. • Sign up today at Discovercom pedess II ,02010 Di,-er Bunk. Me.b FDIC I _ 2011 Totals Yearto-Date 9296407 TOTAL FEES CHARGED IN 2011 TOTAL INTEREST CHARGED IN 2011 i PAPER.0310 1 $ 60.00 608.65 co O rn Z m D _o 0 0 0 0 c.' co M v Questions? Visit www.Discov cam or DISCOVER call 1.800-DISCOVER (l -800-347- 683). 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 Szczygiei 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# 9296407 Shirley A. Kelley 6011002042731729 STATE OF PeY)l-? COUNTY OFCP. f.1 Al be to n r? ??Co>rek P'a X ° - oc ey)i, -? Pt h TJ ?jrV lLIAS 1 _ ??YUtclna 07e,r rktlvrl LAINTIFF VS. SI)'yL .111 DEFEND NT COURT FILE NO. )R-3)&q C i U )'l T e Y Yn CASE TYPE: Civil DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT The DEFENDANT states the following as ANSWER to PLA INTIFF's complaint: E Z Z, _. i? Fri 00 Y, rect aco 2. C., Y1?11 ' rj t0 t. k- )6t 'A n G ef4 ?-LLf , 14\ U -1q, d S ;? `0n S C:tY1G? 1'61 ?o ? ?tSU rS e 1\ e + ', ern ; ? 'R a u,.nQmP? `? n out Ceq G due o 0110 K de?t o ?a?vrs ?? rd ??y SQr? 1 C-\ 0-"\ Groff Y' co r rs . 4. n+e ^ There i S 1*536 •va Ct ynoy-;i11 het nego? at v rs -? 0 ?°F? a e 0-n COL To b Y-ea%OPA)e Gmoun`t k ' ?+4r+eJ 7D s )Je W', b) JI a A e, ?Ct ?N1 e aaKe y'1?¢S2 ?me+n S To Q a; V) t' t" _ +:c U to 1 rQ ll P" Yy,Q W? -ro Q yip e, r 0h r J . xle-111 ?e o 'There S t u?D 1 r?C i 0"1 v r rc OL Y" Cu •rreY? ??4 W14 .K4Ar4 V L411,60 acs y a .vY?e n? ?o ob `I'Ywv i5 ce G e ? i>1'Co G SQee?GZ B + e m?? cso ? ?? cp r?5 Uert.c mein ? * r tc-k tie 1lo LO k y5 . -1.5 a ver L1 le ora 1,.e ou Q ` ,gore. C1?y'c1 SS-iv be pG, ? de- y+n d c SG 4 seeuri two IA ?V r?5?f? y 5 `1-w 6. _I>e n", e d- T J I'd no t ?-c. u? e Q0.\A?nt `?a1v °O on a-ne. Di 5C o, -e20-kr &ky L? r-e??te w i`tr `1?re -r;coa ca 10 S,? f l e n °t G 1' x ?n K c' l e Vn ?eY' 1 e. a. b? r fbr;c kcle b c --t.ed ?? AS I ?e ?- TIP--c S rt"?r ?1 yam ? O [Y1XOT CI ynFyl?C?40 yC o u n L © r `fie 5e p`I"byeY Ce?it 4-4re iectne»5 8uy% 71-7$.9/. !(OW i3 r le K W6S IaL7jFr".od Q n cznc>T?ne.r IJ1SCOvet2 (oc? y--0 I w ,r ,n fin- a1z },ut ,nSAcI CA ?, ?"•A OaLJwu n 5 `i`c`(V1 T i? not t-ewe"rv e Y A'-\ evv e'(?S ?Cr Y,? pla0, ier eavjS U. -4, e- C??\ U © ?y?,?Y? 1 ?B1 btv VI[. e 1? Z<c?r ?e1.1,6W QYiCK ?(?(1 5 I! CAY ? ??66 1 ??'( -av1)` -rd SaYl D1w,0 t W j1G to lc}` rrlol?e ? o l4 ?th` biSCL?tx'i2 C°Ard '1 K O \ 'I ?-'1 - 6-YV C 23 Y) y??nE? W e ra fio `? nB? r?,? ".cover Cyr ? Ci '03 ShureT be )x, made rtc? ? $1 y500 0 VIN $-U" `?? 5 `D is al e tc? ?e11 o,v B?Ic-Y, ,' ? `}? G r1 ', n' t'h+ S? l e r,r• e n q e cr t?r O r ?-}7 1. V d A YYl 6s1? "'o 5"30 . cX> Q m Crln` 1 6 L' 4 S t too e,4, 7' a skeX -cted C?o,n war rn?Q 1vFStjvYi? iva<G vl;e d S?' C)) ,coot r C6, In?E SC '(? C?om b?+n?cl all Cc?rc? S w?Th ?11? S if3r?? K y? r , _ anotth ear bC- a w e 6n a rub h e,r Me r 4-5 were la e' t d; t Pt)M,. (, vb -The he561 ,Q 3. ill Tan-aaz We J7g .an SAyf;d Mk' K?vN e.ht a `that V-"" . Al CAr 5 are w t h ? S Ern pan -1 SC Q5)'JLb ,30. oo e uer n-)O-t1 ovt o aI Svr.uV-11L' to iDe- oe"I ? o n .'se Nar?s_ nr&, "U 'Caul±-•.? S+ayAed an abltga??a>1s it ors a 110 w je an d a.y,, f -ro ?-e-P?-?t `? fi `tk Ke Defeqdant,mb the Court to -LO a)Y1 t. bn A rem dy1 tj?cquer De-?en&,n4rs J1a?eult C?rcum5'?0.r1t15 )? h 'y Sid ,rest,o?, ?n Wires t'LAS C'a n do e ever 5 mov) S Q Yl a S e ?a 1?v e JZ pe-,LA-? EveY'y t?me ' wrXS newt c?rtd gala riot Qt TIA Time . lai7- Crt? a7' Lea s c>nI WO r K k6 etween o10 3© h rs Wye K ?ke? ?. d ?v ?.Tum [vare- r Len'?e.ney un,rS aeeun`fi .1 iur?u1.e. `?-pf asK, n? Date --? Defendant Name: - S?) ' Lk. Defendant Signature: Cx, t Ll" Address: 1 1 yaq N, City/State/Zip ?p j)L:2 .e, PC,, 1 7 Z-LAn 40 Telephone -7/ °7 - '423•- b 2-) 1 STATEMENT OF HARDSHIP O c l ac t S -ecu r, 0 r cside *53v •oa e mA $ e ?? k % b ?d ma n AU If o„ 00 we eK ' o lee e mte , L ,re I a c-&A e (3L hcsw h a.- e u,r r a -C',? ave Ta t,? so Y . t 'Y\ It-e5 Qre - %r s ? ?Lk-? Y1Q w `C i 1^e S a ^n a b Qf--f -C`6 Y)4 CIO A e CA-y- L. i rte J \,L D . _ . , 0, ? C P0, 1 \ 6L"-,e-,necI o u-t - n Lvv\ S F-1 o ' Se - IC ` lnnt? dr\ (? ?0 r i--U-? r l.tr? K „n rn n o u n ,rr?a K e t?J11e?N rn ?V?Sba?rt?S coy"VO-ny ha5 hd lUor14, yr irn ? I hauP '0 p 't\\& V-0- \-k Y,1 5 p 1 W?f? c i N -a1\O w 4th Cz [ot C4 S*Y,- s S - 5 r5 deb off' LO T\Q Y\ n v o c c a a LLv [ what t S 1 -? 'lYl `? r ??nct `'f0 e O S { &-y-e- ?&-y-e- y'O0-k o--0a.1 G,^e'r\ \ye S ?o Lie. ?, ve Hb j 5 ? w-e rc. s e w tics , to,,Y e 5 whe y) p6s 5 a l e a moyn-r Q ?° c ?-, b; 11 S ?e?fi nl 0.? 1 e 3ov?? /-. r,?n ? I Q iv?k W `? ?ca?n c, co _ ven t Ue t `Cv k' {n COmQ- rta t?l?v? hu5 ?, a, AD acu ?(i rr) C) tc) T (Z 5 4m 10 b I I T Y\ ICLI ??'`v? -•/??a '? ` ?'' Y`E" - Cj.) ! . `._ ?Lt Y C; L to i? J;y?F' y? '' ?> _`? (, C, r' C6 v Y) l kI1oto br IC K C'° ,? c? u i?? ?? . . 14 c a v? yL - fits t,a' 'ate 'avt2 , `N,? We W- I'a n o 5tQYt?d V t? i '??-`1?G? CL r i Ir? O o ma Ke 8a w?e? s To Pia n K. oZ J4 yy?r tco? T `? t ted -r, Sea w hA? `F'r?? rna?e L l u s P '' Y\ S 0 _T Gut , w E a ,"?-- no f ct. t 4-LL b- v ri c.? s imac? w2 at Y pcLk-?,me,)t P- Q 300 F3an K 0 bvy\ertc.6L Q.Y\d Iy-71.°o 1S beincl Made- ltvl?l`?\\ Tt I ) Aut u5f., N eIkoL 13r tc 1? Free pe`r' y \S $4G• ®0 +1 .. !J0 't10 P" lyv 't'S Y?a1e ?2? raQ rime. Lu i ?l e i??z?V1?5 I?'r?? h G `? 1 y° W QS l0 LOe-? t,J) Ke vt 't c? Y r\Q a o cre ?, C t Tt z e v)s i3A K ?7-? ?? 9? . `'1,'?g a ?,?u ?`t ?,o-eK LL!?cU a tO. o \?o w ?3 r is K , y? e rP5? ? ro ue i ro eYtS t /e \??.:? wavZK ?nS«.rane ?. Ci11?? ? aS•``° C? rn?? 4Y-1 Pc' 1c?R Yr i n () FK G -' e4t', D r^ y y Y t. W) Go. bn S+reSS S"t' 4' LO.b SeYUtLeS 4 Ir was ve 3 ?,? 4 s\ m? erg y t n u t ?3' IA w, -ye- I? S c? u ra. Y\[-e- ra.YN ? a,o r? ;t `? a \ t i r C ? ? ?a V ? ? . Q-y'"A w0 ? u a ? ' 2 e d o f L 'i S wt-e-? ?G, n-e . F 1 Q?C s p mon`1h or "M 3 0,S0^ °'L, c# Q? S ?v?e? TccKir?ay (?meG°t???ole v?gyQL- " d`Sease- fiAlle 5trnJ49ct'!h (,o? m? -,,`°`d , ,np5 p??s a G ?5 far- ?"? ?,o e`O?' e Y?? 'rn ro u-CG 1=a r l,e S t ?e ? ? C ? S ? F??h S Corn 450.-"3 > q a of L a. Uv , \a `l`???j °at??? $ L 3 e) top y yo' <\C> "d5 n,' aC° \ T h C? X11 S? 4Jhe vl T 'TL? lrl 6 co- yy".aa 1 to e JIV? +P1oo,, 100 .6 0 o ?pc ?a. L SeOI,oe;i L-Li For po ?rn?n?, ? S tS cyc r? ? rD ma'K? ??`? ? ?u Lt v'Ci `al er? ` >t S u?C? tOO 1Pn4Ke ends Mae-t, 5e ?o Id 9LLcl ?it- 1 Vur ? IDIyzc? , h,?.Sv?aY\?S SctiG<`<tl jetgwrl'?'-? Fu n? s G? v e? ? la. t 6yu ?,, m ?n?h 1 .. Wk.e Y) c? ++ ?u-m r v 1'ot U-a-Ar-f'-2 1 C)i nc?_p'?Y?? v-a ',e,l ? ?r?Um??e ?L ?zo• ? ? m , 2h ?' 1 vA (, mm, S V ,r.e n gu Y-0 ,r\cf .-r _ q 6. °1'h F ura ee ?G b a o u? o? my s e? me v o O-n`t Y\ ?o r F X `1 d 5 e?? c? `I'?nr{ S Q? r? fi YT% r? rv`? a Set, urt?t? 5°c? 1 5`L`` rt "`f P'? GK Pm Vt?lP6r60 Q mo,n to l? ?n? - ??Ib ? ?.?, n d S ?o r I } -od tf 0 ', r, ' r,a?713?v??"J? ?uVx- vcn?.Q? Qb pot p`?U ISUt '`a I -gkkw up .cc °) )-) .orS 7 / t ?1 \ \JJ 0-4 n LA vkl ?-., ? v?.?.o u' o o ? ?I •' l ?,??-gad ? ?. a c? 1,u. ?a7W S UB OAVW ao? -n St?u1-a?bw c1? b?+©?i St S? ??t?aNUG??d 'A0?1 ?..? ?." ?. ° Q u • o01 ? by ??- -? ? ? 1 ? ? . ? ? ? a ? P ?•1 S °I u ?•? s. ?-aye -a-s ,n a-h -?J ? ?.?sro ?W? 5?? p so a-aNJA -D qt? 00 g? o ?,V n ub a n e n ?`av,1 S-au '\A ?wS SAO ?0 9 u1 7.O-? xv-j C, d sr1 `? ?oaF? - 1?u! ?xo-1 U,t"}_'Q1saC?wts a)1 a S?aS' P P. al°4,? un oc, ;, ??u? } P?1 o?P L h ?,, .?? w PSG 52?1asa 1 -?-' ?, sa?t??a:? °Iv1'?'-S' Sya" ?'G3 f) 3 x ?n ?` t ?u-oc??>? lM r? ? •? I ? `''? `? ?? ? ? ? (il ?7 '? ?u Y1? n ?u o ? Z!IQC?`! ?T,g"? c.? t o on J-n G z ?'L x b? s U a z I kA .?.y, a??o ? au ?-?? u a?? ?atr?o[ Sbc}1 ?-u n9un ? ?t ? " qb •? '? a a V?.O. S tlra?tl (20 oA A/175 ,7S);2v,/ \, 1 ", f ' R mad aa? ? ? -•??, ?Q? ? a ? '?,.5 n ?1"FFj( ((1.,... ?\?{, V?\•M, ? u a awl ?oula9 S1, po' ILI7 (??+0 'bat ?aunb >j ° t?u6jd a5r??4 ??? ?oLA a?? 3m bu 0 ?atiu o u d oj- S v?avu 51 you P ?P ?bal ,`?; ?, buy bt }c'-?Q ?,?ul pa?? b-? S ?^ a -aa o? aa.acY1j ?) or-, ?n bT ' Stu a (2-.?? -9 `3 C acct i ? l5k y1. _oi'L ?4?ieFcsr_44' ? 2, 50 euerl-i 3 h \em°fh S 1?_:? i? ?c l e 7 r s_u Y-c<<n ?e e v-e r? G? wu?n`?ns 5020 ? ?'? __. _ ?= ? ?-e. ?»? era ? e e _ .-_ l bps . da ?e,?er? b rn?n`?hS _ Fix Fu VIOL re_e. ? a)es _ Z)6(' G 151M tv 1 _ 06 Yx ?o 55 i 4e ?-h-t bc?n?s_ _ Yv?ej 1e Ines o u of pbcKey- eo-ery Mo-n tlh _ .? v(,, e '(`ne'-oQro?bl sine co eu • c'o i'YLQ.i 4 rm i n 4CL !n,/,' RO W ? e 5 .a u-- vie S vu? o kvc, Kat e?rc'A Wlrm h _ om.Qc?? _3__?_s? of ?. _'LIs ??Lyseed- 60 ?? Uol'?\ 9 ? ? a? rt SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson z Sheriff?r;tip of rtrntteri??t Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank Case Number vs. 2012-3164 Shirley A. Kelley SHERIFF'S RETURN OF SERVICE 05/25/2012 02:03 PM - Jody Smith, Chief Deputy, who being duly sworn according to law, states that on May 25, 2012 at 1403 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Shirley A. Kelley, by making known unto herself personally, at the Cumberland County Sheriffs Office, 1 Courthouse Square Room 303, Carlisle, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to her personally the said true and correct copy of the same. : ?L ?v r Li JODY S. S ITH, DEPUTY SHERIFF COST: $28.00 June 04, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) Coun*ySuite She-ff Te!eoso';t. In s 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. 12-3164 CIVIL TERM SHIRLEY A KELLEY Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, SHIRLEY A KELLEY, in the amount of $5,944.72 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney for Plaintiff ~ ~,~ SHIRLEY ELLEY 1429 N HARMON RD NEWBURG, PA 17240 WWR# 9296407 . ~ } ., 7 a -, ,~; ~a ~-.~ „;; cep ~ - `' 7 , :'~ Y£'4 I , ~4J . t , I _ ~ ~' '~ .+J t ~; ~ t~..~ ~" .~ c.;. , . : .. ~.. ,. ti ~a~ } ~,„ ~,~~~ll~.s~~~ a~ C~~ to &~1~~3 ~~ ~ g a9 3b ~~~~ ~~ f f .~ 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 12-3164 CIVIL TERM SHIRLEY A KELLEY 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, SHIRLEY A KELLEY, above- named, in the amount of $5,944.72 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 $5,944.72. 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, SHIRLEY A KELLEY, in the amount of $5,944.72 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 $145.00 commencing on October 31, 2012 and each month thereafter until the balance is paid in full. 4. All payments are to be made payable to the order of "DISCOVER BANK" 5. 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. r 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. 3? 9. Intending to be legally bound, the parties set their hands and seals this l-~ day of ~~t , 2U ~ ~, WELTMAN, WEINBERG & REIS CO., L.P.A. Bv: 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# 9296407 A PIT ABR ~ Q. SHIRLEY ELLEY 1429 N HARMON RD NEWBURG, PA 17240 ~, .. 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. 12-3164 CIVIL TERM SHIRLEY A KELLEY Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Ju gment was entered against you on 11 q ~ (xx) Assumpsit Judgment in the amount of $5,944,72 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 ~ Prothono i " SHIRLEY A KELLEY 1429 N HARMON RD ~ • ` ' NEWBURG, PA 17240 ~' ~ `~- By: PROTHONOTARY (OR DEPUTY)