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Home My WebLink About12-3719 t C -'D COU'll 11 t,, S i ! ?.' k' 1.' _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. JOANNE M YOUNG Defendant No: )a. 371 I ?'V1l COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF 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 09080599 C A Pit SJS otva4 03.7.5 a? Ck? IoS?ai? ll 12 4, o)-7 V 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 JOANNE M YOUNG 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 COMPI,AINT 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 1610 FOX HOLLOW RD MECHANICSBURG, PA 17055 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7714 . 6. Defendant made use of said credit card and has a current balance due of $5150.14 , as of February 28, 2011 . 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 29.2400 per annum on the unpaid balance from February 28, 2011 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 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, JOANNE M YOUNG INDIVIDUALLY , in the amount of $5150.14 with interest at the rate of 29.2400 per annum from February 28, 2011 until date of judgment and costs. William T. Mo cza 7437 WELTMAN, WEINBERG REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 09080599 C A Pit SJS This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. DISC, 'VER N Balance Minimum Payment Due Account Number ending in 7714 $1,059.00 Enter Amount Enclosed Below Payment Due Date • March 23, 2011 26 SDSN6AOi 0000443 JOANNE YOUNG 401 NORMAN RD CAMP HILL PA 17011-6131 PO BOX 6103 lllnallnuslallnlsllnrl E!\n?'gIl Go to www.Discmw.com or Print CAROL STREAM IL 60197-6103 D Address' sm .tom Or Print ngh I?Ilo?llrr?rrrlll?l?rlr?rlrllror?rllllro?r?ll?llrr?rollorir?ll change in spots above. 000001986458892069267000000000000000105900 Opening Date: February 12, 2011 - Closing Date: Fe) Discover Motiva Card Account Summary Account number ending in 7714 Previous Balance $5,150.14 Payments And Credits 5,150.14 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 New Balance .00 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $4,000.00 Credit-Line Available $0.00 Cash Advance Credit Line $2,000.00 Cash Advance Credit Line Available $0.00 ""'••"""' ""'^" Anniversary Month O t b Opening Cashback Bonus Balance c o er $ 0,00 New CoAlsock Bonus This Period + 0,00 ??k Bonus Balance $ 0.00 To loam mars; tog to al www.Distomr.com .s. oa M7 7 I-F '^V I pap I or Z Payment Information New Balance $0.00 Minimum Payment Due $1,059.00 Payment Due Date March 23, 2011 Leto Peynsent Warning: IF we do not receive your minimum payment by the date listed above, you may have to pay a lots foe of up to $35.00. Manage Your Account Online at www.D6cover tern • Securely access statements and Free online tools, pay bills online and hack and view all transactions simply and easily • Make your money worth moreSM -find easy ways to own and redeem cash rewards • NEW I Access your account securely through your mabilo phone 3 Easy Ways to Contact Us 1 Access your account securely at www.Discevercom 2. Call 1-800 OVER (1-800.347.2683) F'Isase haw your Discoveracard available' 3. Write to us at Discover PO Box 30943, Salt Lake City, UT 84150 (Not a payment address( Disc gox 61 t 03 C? Stroeam, IL 6019 03 For TDD {Telecommunications Device for the Deal) assistance, please call 1 800347-7449. Transactions Trans. Post Date Paynsonts and Credits Feb 28 Feb 28 INTERNAL CHARGE-OFF S .5,150.14 roes TOTAL FEES FOR THIS PERIOD $ 0.00 }dorest46rged - - .- - - - - - - - - - -- TOTAL hITERESiFOR Ag NWOD _ - A,pg 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 $ 70.00 TOTAL INTEREST CHARGED IN 2011 248.34 9080599 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Iy 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 DisAwcom/PaPMiM 04010 Diuowr Bank. Mw" FDIC PAPER.0310 oy z2 E 8 N? X N 9080599 Questions? Visit www.D6cavor.com or call 1.800-DISCOVER )1-800-347-2683). DISC4WEIZ DISC VER' It pop to JOANNEYOUNG QMCOVEa Account number ending in 7714 page 2 of 2 interest Charge Cakulation Your Annual Percentage Rate APR) is the annual interest rote on your account. Currue wing Period: 17 days TYPE OF IIAI ANCE RAANN TE PERCENTAGE fJ1 81WECI TO WTEREST CHARGE Purchases 29.24% V $0 fu??T?E $0 Cash Advances 29.99% V s0 $0 V . Variable Rate Adsihiond brnpalant idermarden See your Cardmember Agreemero. Your Cordmember Agreement contains all the terms of your Account. Lod or stolen cards. Report immediatelyl Cat 1-800-W-26113. What To Do N You Think You Arad A IWsfoko On Yaw Statement If you think then is an error on yaw statement, write to us at: Discover, PO Box 30421 Sak take City, UT 84130.0421 In your letter, give us the fallowing information: Account information: Your name and account number. Dollar amount. The dollar amount of the suspected error Description of Problem: l f .you chink.*we_I an. error on ycqrA,4acv&t you is" is wrong and why you bdl:v! _ it is a mistake. You must contact us within 60 days afkr the error appeared on your statement. You must notify us of any polontiol 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 on error the Ulowing are trio: Ws eonnat M' to called the amount in question, or report you as delinquent on that amount. The charge in gua?ion may remain on your slalernrend, and we may continue to charge you inserest on that amount. But, if we determine that we made a mistake, you will not haw to pay the amount in question or any ir:ferest or other 6ses reltded to that amount. While you do not have to pay the amount in question, yyoouu are responsible for the remainder of your balance. We con apply any unpaid amount against your credit limit. Your 94bb D You Are DUmfieRed Wills Your Credit Cord Puashasse IF you are dissatisfied with the goods or services that you have purchased with you credit card, and you have tried in good faith correct the problem with the merchorit, you may have the right not to pay the remaining amount due on the pur rchase. To use this right, all of the following must be hue: 1 The purchase must have been made in you home state or within 100 miles of your current mailing address, and the purchase price mud have been more than $50. (Note: Neitherof dnese are. "essory if your purchase was based on on Wvertisemod 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 occounf do not qualify. 3. You must not yet have fully paid for the purchase. if all of N»- eri%ria-obovr aro mN'ad you are sfiit dissatis(isdwilh lhr purchase; contact us in writing cat: Discover, PO Box 30945, Sak Lake Ci yt , UT 84130-0945 While we investigate, the sane rules apply to the disputed amount as discussed above. After we finish our iov"gdion, we will %A you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Play it ? 1s. Send only your payment and the top po?on of this statement in de envelgse provided. Do not :erred cosh. By your cheek ere desaiberl above, you authot'w us b use information on your cheek to make err elechonic fund transfer from fur account at the Rnanciol Institution indieaMd on your cissek or Fo proeeu N+e payment a a check transaction. fF pyment is proeeued as on ekoehanie Wnd hamster, the tronsfer will be fo? IM amount of the duck. Wisen we use information iron your cheek to make an electronic fund h'ansFer, funds may hs. withdrawn from yarn account ns soon as the sane day we receive your payment, and you will rut receive your cheek back from your financial instdndion. Thu p?o msing of your payment may be delayed if you send cash, correspondence or other items with yavr payment, if you send IIu payment to eery other address or if you use on ernekops alher than the one provided. Payments received in proper Form at our processing beitily 5PM local time on any will be credited toyour Account as of +40 day. Payments received at our prouanng faciN?y after 5PM local time will eredded to your Aeeenxt as of the no* day. If you have misplaced ? your envelope, send yarn payment b Discover, PO Box 6103 Carol Stream, IL 601976103. Pleam allow 710 days for deliivery. IF your payment is resumed unpaid, we reserve the rig?t to resubmit it as an elechonic debit. You can pay yaw minimum pared or a greater amount over the *6 phone, and you can all up automatic payments. Cal us at1-800 347-2683. You will need this statement and your bank account infuriation. You must ensure that sufficient Funds are available in yaw bank account and oO hamodans must oomply wqh U.S. law. You willbe asked b provide the first 5 diggi?ts of your oceounf statement ZIP code. By o nierirng those numbers as your electronic sipnofuro, you wig be ao?grww??m8 to this auiFarization to allow us and your bank to dedud ea h payment you oulhorizo From YOM - joornk account, and locX 9 debit or credit entries to your bank account, as applicable, to correct an error in the processing of such payment You must W us the amount of each paymerd or you con salad an amount such as the Minimum Paymerd Due or the' New Balance on each statement.. Youeanx rkol a ell; lroavwev we-musl4aceivenofiee aheadfiseubnairreetdays in-aivaeoe ofthe - - - scheduled You may matt us by phone at 1-800.347.2683 or mail at the address listed in the revious par If your vary n..mound, we will tell you on each mly statement when your will be made and much t wi be. Your automatic payment amount may be lee than indicated on the mend based on credits or payments applied during the billing cycle. Credit . We may report information about your Account to credit bureaus. Late pay enls, missed poymerds, or yaw Account may be reflected in your credit report. We normally nporf tiemsbtus ad Payment hislory of credit mpaiing agencies each manlh. IF you be love that our report is inaccurate or incomplete, Pew" write us at Ihe fallowing address: Discover, PO Box 15316, Wilmington, DE 1985 316. Please indicate yaw name, address, home telephone number and Account number NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCMVER Paying ihteresl We begin to impose IM.raf Charges on all Ironsocfiwis from the Transaction Date for the transaction shown on your bNflrg dalemert, unless a transaction is pasted to yaw Account after the close of the b&q period in which it occurs, in wl?ich case we begin to impose intend charges on that transaction from Ow first day of the billlrgperad in which It is posted to your Account. We continue to impose Inforat Charges until the dote you pay ?yw?att?erenti relew Balance shown on B"F"., ';a*- meM by maki or receiving credits. If you paid the New Bafornoe on your previous rst Due?an that bill ng statement, we will not impose Inlered Charge on new Rp ing on tcunert billin sfata t f g , or pin o mer a new p p? fie Date on your current bAiM dabmert We call this ttie' race i d' i7t f k h ? d . g per o s rw us t an 5 There i s no g?are an balance bansfersadvances. As m ore W described in the section of your CadmedmgpreeRan tiMd " ' h P • "? pa y e , hlsI? do to your Account bond on the AF R ocable to d» balance of eac tron on TI the Now Bala a th t I ce rf on e curren ng statement by the payment Due Date shown on iTiesl`bignsMslemert, Nnsn d i morn the amou g depending your payment and the APRs on olhir bolances you , may riot get a grace p niod on new purcha . ses will i.sv would a1Mrw,rise b ins mpased I " Charge of $.50 for any biting period in which Interest 4 Ana- Fee. If your Account has an annual fee, it will be billed at iM beginni of each anniversarygem yo Accoud is open. The amount of the bee appears on the statement when the fie is bill TM l f i t k l l anima oe s no re rnrJab e un ess you notify us that you wish to close your Account wilhin 30 day_a of On maikng or delivery date of the statement on which the fee is billed. You will receive this rWund wen if you use your Card during *at period. Mow We Celealaw I mine Charges Daily Balance MW#od (nnduding auss•nt vansactians): We figure Interest Charges For each billing period. To do Ihis: • We calcuksh your Interest Charges separably for each balance subject to differed bans (for example, standard purchases, standard cash advarnns and each Purchase balance transfer and cash advance bak b t t , snrce su jec o promotional terms). We refer to Iheso batotrcis d-s %r saction cetegories. - w.figure the "dally bakmce• for each transaction category. To get the "daily balance' we take the begirinw- bakarnoe for each daYY, add any new h+ansodions and few and any bluest Charges accrued on the previous day's doily balance. We Mnen subtract any credits and payments and make other adjutnuts In calcukffi die doily y o rn . balance for the first day of the billing period, we consider the previous day's doily balance" to have been your b l th l d f a ance on e ast ay o your previous billing period. This gives us the doily balance for each hansoction category. Wefigure " latered Charge an your Account by multiplying the daily balance for each transaction category by its daily periodic rate, for each day in the billing period. The loia"ni-re, • category foreochCdadu theNirepp? re the sum of the daily Interest Charges for each transaction inq When vve calculate daily balanew, vie add a new transaction as of the Tronsoefio n Date shown on you billing statement, union 16 bansoction is posted to you Accout after the close of Ilhe billing period in which it occurs, in which case IM transacti ill b dd d t M b l u on w e a e o 1 a ance as of the first day of the ng period in which t is posted to your Ay--- 0. AN fees wh to your Account are added to the standard purchase transaction caw with the exception of Cash Advance Few are add d t th h li abl d e o e app e cas c a vance transaction cahgory Bas Transfer Few which ore added to this applicable balance tronder kansaelion Category. For TOD lTo6ornmunicatiem Device for the Deaf) assis/ance, phase cal 1-800.347.7449. Discover may monitor and/or record telephone calls bet*_ you and Discover representatives for quality assurance purposes. The Discovermcard is issued by Discover Bank, Member FDIC 01TBK 171 9080599 Queskms? Visit www.ww wr com or call 1-800-DISCOVER (1-800-347-2683). DISCOVER " flay. 23. 2012 2:44PM IF, CATION No. 3138 P. 2 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 (Name) Leaal.Placament Account l?Zanagex of _ DB Seraicing Cornoratim ser nein Bate for (Title) (CompanY1 Discover Bank . plaintiff herein, that she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief.. WWR# 09080599 JOANNE M YOUNG 601 1 0027 0096 7714 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?a?,r?z? ct u?Nbrr f??? OFF ZE : F THE S-CRIFF ' t - o~'. 19 Am Fi: ' PENN'S . WA Discover Bank vs. Case Number Joanne Young 2012-3719 SHERIFF'S RETURN OF SERVICE 06/18/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Joanne Young, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Joanne Young. Request for service at 401 Norman Road, Camp Hill, Pennsylvania 17011 is vacant. Deputies were advised Joanne Young is currently in a nursing home and her son Gary Young is her Power of Attorney. Gary Young is thought to be residing at 1130 Park Drive, Palmyra, Pennsylvania 17078. SHERIFF COST: $48.00 SO ANSWERS, 1?z June 18, 2012 RON R ANDERSON, SHERIFF {c1 County Suite Shent Teleosoff. Inc- 1=~.~.~-U~~~ICE ~Oi2 AUG 24 PM ! ~ 33 ~'IJME~~R~L~AyND~pCOUNTY WELTMAN, WEINBERG & P~~II, ~CO~; Z:~~~. BY: Sarah E. Ehasz I.D. No. 86469 436 Seventh Avenue 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File # 9080599 SEE/SJS DISCOVER BANK vs. JOANNE M YOUNG Attorney for Plaintiff(s) Cumberland County Court of Common Pleas No.: 12-3719 CIVIL PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBERG r' By Sarah E. Ehasz, Esquire Attorney for Plaintiff S C,~., L.P.A. IHill ICI Nill IIH INNI ilk IIII IIIII IIHI IIIII Ilill IIII IIIII IIII