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HomeMy WebLinkAbout13-4306 30119575 C A Pit SJS Supreme Court;of-Penns��lvama w��TR # Court"d Common =Pleas For Prothowla Use Oirt p , Civil" Cover- Sheet �+' C UMBERLAND t COUnfy Docket No: The information collected on this form is used solely for court administration purposes. This f orin does not supplement or replace the filing ling and service of pleadings or other papers as rewired br law or rules of court. Commencement of Action: S 13 Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Declaration of Takin C DISCOVER BANK Lead Plaintiff s Name: Lead Defendant's Name: T CHRISTINE M HINKEN I 0 Are money damages requested? El Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits A. Is this a Class Action Suit? 13 Yes 13 No Is this an MEW Appeal? ❑ Yes 53 No Name of Plaintiff /Appellant's Attorney: William T. Molczan,47437 ❑ Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Protection Administrative Agencies ❑ Malicious Prosecution Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E [3 Product Liability (does not include [3 Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: 1 ❑ Other: O N MASS TORT ❑ Asbestos B ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - DES ❑ Ejectment ❑ Common Law /Statutory Arbitration • Toxic Tort — Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment • Toxic Waste ❑ Ground Rent ❑ Mandamus ❑ Other: ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Retraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Waranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 et seq. (2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us. t �t - t; 0 T f ij P40 � ,E !li +i i w- UPIBERLAtgL) C OUNTY PEENS YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK �1/Q Plaintiff No: ,3�v� vs. COMPLAINT IN CIVIL ACTION CHRISTINE M HINKEN Defendant 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 30119575 C A Pit SJS L1441 /0 0 v C ,brrl 1112RIP X9371 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No CHRISTINE M HINKEN 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, business management services in support of Discover Bank business lines, including, among other things, credit cards, deposits, personal loans and student loans, customer service, collections, credit risk, collection of delinquent accounts and other support services. 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 903 PATTON DR CARLISLE, PA 17013 S. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0287. 6. Defendant made use of said credit card and has a current balance due of $3782.24. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1". 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. 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, CHRISTINE M HINKEN, INDIVIDUALLY, in the amount of $3782.24 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. lam✓ �` - Wil iam T. Mo cza ,47437 WELTMAN, WEINBER & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434 -7955 FAX: 412- 338 -7130 WWR# 30119575 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. Discover Open Road Card Account number ending in 0287 Open Date: Jan 26, 2013- Close Date: Feb 25, 2013 Cardmember Since 2008 Page 1 of 4 A SUMMARY PAYMENT INFORMATION Previous Balance $3,831.00 New Balance $3,78224 Payments and Credits — $51.96 Minimum Payment Due * $630.00 Purchases + $0.00 Payment Due Date March 20, 2013 Balance Transfers + $0.00 * Includes past due amount of: $525.00 Cash Advances + $0.00 Fees Charged + $0.00 Late Payment Warning: If we do not receive your minimum payment by the date Interest Charged + $3.20 listed above, you may havejo pay a lgte_fee of up•to $35.00 and your purchase New Balance $3,782.24 and balance transfer APRs fornew transoctions may be increased up to the Penalty APR of ",,9% vorioble. See Interest Charge Calculation section following the Minimum Payment Warning: If you make only the minimum payment each Transactions section for detoi led APR information period, you will pay more in interest and if will take you longer to pay off your Credit Line $7,900 bolonce. For example: Credit line Available $0 aio,tliak a�aoii�ithatidl'drorgras Y4 01 ry kte �° ,Mdyrpu�va� 5 pp; Cosh Advance Credit Line $4,000 psLn�rstand wytrxJar'�shmtal ?'?Y slalerrfer,fti'aboJt Cash Advance Credit Line Available $0 Only the`minimum payment 1 3 years $3,840 You may be able to avoid interest on Purchases. If you would like information about credit counseling services, call 1. 800 - 347.1121 See reverse for details. REWARDS Contact Us Discover.com Cashback Bonus® Anniversary Month 1.800- 347 -2.683 May Opening Balance $ 0.00 New Cashback Bonus This Period + $ 0.00 Redeemed This Period — $ 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in at Discover.com Make Check payable to Discover. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below, detach and velum with your payment. 3, COt1 E IDIS j<im A�C>Ij� fOA@ Account number ending in 0287 'ease o taoi J �t� a ar # i lg fJasco r zont 1 $00 S 2b8 .... }1"'i re•'95hk R t.r •f r<.YC...I: :. �.rr.^ .S._i :.'a a• ..... v.i ?' �..ni "'. w.a.G ..$M Minimum Payment Due $630.00 III��ill" �I�I' ��' ��11' �II�I�II�Ilfllll�llll ,���rl�ll�(�rlllll��� New Balan $3,782.24 Payment Due Date March 20, 2013 CHRISTINE M HINKEN Amount enclosed I 903 PATTON DR CARLISLE PA 17013 -1657 PO BOX 71084 CHARLOTTE NC 28272 -1084 3011 9 Internet payments must be received by SPM ET to be credited as of the some day. Illlul�flll�llllll��ll�r�r��lf !!IIlnlll�nln�rllllnlln 9 a -mail or telephone changed? Note changes on reverse side. 000001986454582341736037822400010840063000 EXHIBIT CHRISTINE M HINKEN Account number ending in 0287 Open Date: Jan 26 2013 Close Date: Feb 25 2013 Page 2 of 4 Important Information. If your payments may vary in amount, we will tell you on each monthly billing statement when your payment will be made and how much it will be. You See your Cardmember Agreement. Your Cardmember Agreement contains must ensure that sufficient funds are available in your bank account, and all all the terms of your Account. transactions must comply with U.S. low. Lost or stolen cards. Report immediotelyl Call 1.800- 347 -2683. You can set automatic payments for: (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus o fixed What To Do If You Think You Find A Mistake On Your Statement dollar omount, or (iv) Other dollar amount, .ff your scheduled "Other dollar If you think there is on error on your statement, write to us at: Discover.. PO omovrt" payment is not enough to cover the Minimum Payment Due as listed Box 30421, Soh Loke City, UT 84130 -0421 You must write to us within 60 on your monthly billing statement, your scheduled payment for that month days after the error appeared on your statement. You may call us, but if you will be increased to cover the Minimum Payment Due. If the scheduled do we ore not required to investigate any potential errors, and you may have payment is greater than the Minimum Payment "Dve, any excess will be to goy the amount in question. The Billing Rights Notice further ex loins your applied in accordance with your Cardmember Ag - rreement. If your scheduled rights. A copy of this notice is available at https : / /discover.comr/bilIingrights. payment is greater than the New Bdlonce on your billing statement, that payment will be processed .only for. the amount of your New Balance. Your Payments. You may pay all or port of your Account balance at any time. automatic payment amount may be less than the amount indicated on the However. you must pay at least the Minimum Payment Due by the Payment billing statement based on credits or payments after the Close Date. Due Date. Send only your payment and the bottom portion of this statement in the envelope provided. Do not send cash. If you pay by check, you If you enroll by phone in our automatic payment service, please fill -in the authorize us to use information on your check to make an electronic fund following blanks below and retain the ovthorization for your records. transfer from your account at the financial institution indicated on your check Amount: ❑Full Pa or to process the payment as a check transaction. If a payment is processed Am y . ' ❑Min Pay ❑Min Pay+ $ as on electronic fund transfer the transfer will be for the amount of the ❑ Other Amount $ ; Bank Routing #: check. When we use information from your check to make on electronic fund Bank Account # transfer, funds may be withdrawn from your account as soon as the some day we receive your payment, and you will not receive your check back from Monthly on the ❑ Payment Due Dote El Close Date your financial institution. ❑ Day of monthi(jnsert date) The processing of your payment may be delayed if you send cash, Credit Reporting. We may report information about your Account to credit correspondence or other items with your payment, if you send the payment to bureaus. Late payments, missed payments, or other defaults on your Account any other address or if you use on envelope other than the one provided., may b reflected in your credit report. We normally report the status and Payments received in proper form at our processing facility by 5PM local time pent history of your Account to credit reporting agencies each month. If on any day will be credited to your Account as of that day. Payments received you believe that our report is inoccu rote or incomplete, please write us at the at our processing facility after 5PM local time will be credited to your Account following address: Discover, PO Box 15316, Wilmington, DE 19850 -5316. as of the next day. If you have misplaced your envelope send your payment Please include your name, address, home telephone number and Account to Discover, PO Box 6103, Corot Stream, IL 60197.6103. Please allow. 7.10 rivmber Boys for delivery. H your payment is returned unpaid, we`'reserve the right to resubmit it as on electronic debit. Payments mode online aiby phone'will be Pay Interest. Your due date is at least 25 days after the close of each credited as of the day of receipt if mode by 5 PM,,Eost6m time. billing period. We will not charge you any interest on new purchases 4 you You can goy your monthly Minimum Payment Due, or o greater amount that pay your entire balance by the due dote each month. We will begin charging does not exceed your current Account balance, over the telephone or you can Transaction on cosh advances and balance transfers pe i the later of the setup automatic payments through a customer service.re resentative by. Transaction Date or the first day of the billing period in which the transaction calling 1 -800- 347 -2683. Automatic payments for the billing period shown, posted to your Account. on your statement will be deducted on the Payment Due We shown on that How We Calculate Interest Charges. We Use the Daily Balance Method statement, or the next automatic, payment dote referred to on ypUr statement, (including current transactions) to calculate the Balance Subject to Interest unless you request a recurring,poyment dote:.(e.g., the 15'h day of the month) Rate. For more information, please call us at 1 -800- 347 -2683 that occurs before your Payment Due Date or. Close Date. If your scheduled payment date falls on a weekend or bank holiday, your payment will be Balance Subject to Interest Rate. Your statement shows a Balance Subject processed the business day prior to the weekend, or bank holiday. In order to to Interest Rate. It shows this for each transaction category. The Balance schedule monthly payments by telephone, you wiil`need.tWstatement and Subject to Interest Rote is the average of the daily balances during the billing your bank account information. You will be asked to provide the lost four (4) period. digits of the social security numbe� the prirriory borrower. By providing those numbers as your electronic signature, you will be agreeing to this Credit Balances. If your Account has a credit balance, the amount is shown outhorizotion to allow vs and your bank to deduct each payment you on the front of your billing statement. A credit balance is money that is owed authorize, in the amount selected b y you, from your bank account. You also to you. You may make charges against this amount if your Account is open. authorize us to initiate debit or credit entries to your bank account, as We will send you a refund of any remainin balance of $1.00 or more after applicable, to correct on error in the processing of such payment. You con 6 months, or as otherwise required by applicable low, or upon request made cancel a scheduled payment by phone at 1- 800 347 -2683 or by moil at to the address in the Contact Us section on page 3 of your billing statement. Discover PO Box 30421, Solt Lake City, UT 84130 -0421, however, we must Discover may monitor and /or regord telephone tolls between you and receive notice at least three business days in advance of the scheduled Discover representatives for quality assurance purposes. payment. The Discover@ cord is issued by Discover Bank, Member FDIC. TL9 -22NF CHANGE OF ADDRESS If correct on front, do not use. Please print cleorly in blue or black ink, in the space provided. Street Address Home Phone Work Phone City Email State, Zip 0119575 To make changes to your address, email or telephone number, visit Discover.com Continued on next page Discover Open Road Card Account number ending in 0287 Open Date.- Jon 26, 2013 Close Date: Feb 25, 2013 Page 3of4 CONTACT US 0 Web ® Mobile O Phone Inquiry Mail Payments Access your Manage your 1- 800 - DISCOVER Discover 0 Discover account securely account anytime, (1. 800 - 347 -2683) PO Box 30943 PO Box 6103 at Discover.com anywhere at TDD 1- 800 - 347 -7449 Salt Lake City Carol Stream m.Discover.com UT 84130 IL 60197 -6103 Transactions Trans. Date Post Date Payments and Credits Feb 12 Feb 12 IDENTITY THEFT PROTECT SETTLEMENT REFUND $ -51.96 (800)347 -5538 Fees TOTAL FEES FOR" HIS PERIOD $ 0,00 Interest Charged INTEREST CHARGE ON PURCHASES $ 2.87 INTEREST CHARGE'ON CASH ADVANCES 0.33 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR TJI$ PERIOD 3.20 2013 Totals Year -to -Date TOTAL FEES CHARGED IN 2013 $ 0.00 TOTAL INTERESTtHARGED IN 2013 $ 6.41 Interest Charge Calculation" Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 31 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 0.99% $3,418.09 $2.87 Cash Advances 0.99% $390.99 $0.33 V= Vorioble Rote 30119575 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION CHRISTINE M HINIEN Account number.endina in 0287 Open Date: Jan 26 2013 Close Date: Feb 25 2013 Poge 4 of 4 30119575 VERIFICATION (Name) (Title of DB Servicing Corporation, servicing affiliate of Discover Bank does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities states, that he /she is a duly authorized representative of plaintiff herein. Additionally, he /she verifies that Discover Bank, f /k/a Greenwood Trust Company, which is an FDIC - insured Delaware state bank, lacks sufficient knowledge or information to verify this complaint. He /she verifies that he /she is authorized to make this verification. As an employee of DB Servicing Corporation, he /she has sufficient knowledge and information to make this verification, and consequently verifies that the facts set forth in the foregoing complaint are true and correct to the best of his/her knowledge and information and that he /she is personally familiar with the account and the relationship between Discover Bank and DB Servicing Corporation. It is further stated that Discover Bank and DB Servicing Corporation extend credit through issuance of the Discover Card. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank, including business management services in support of Discover Bank business lines, including, among other things, credit cards, deposits, personal loans and student loans, customer service, collections, credit risk, collection of delinquent accounts and other support services. The collection of delinquent accounts includes the right to forward the same to the attorneys and/or collection agencies for collection and to file suit on Discover Bank's behalf. Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Se ces. Date Sig use) DB Servicing Corporation servicing affiliate For Discover Bank PO Box 3025 New Albany, OH 43054 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson w —� Sheriff t�rtt of araratar merco Jody S Smith 0 l; —. Chief Deputyfi c� CO Richard W Stewart �� � Solicitor OFTI ,h�OF 4 4Cn Discover Bank Case Number vs. Christine Hinken 2013-4306 SHERIFF'S RETURN OF SERVICE 08/0512013 06:58 PM-Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Christine Hinken at 903 Patton Drive, Middlesex Township, Carlisle, PA 17013. A IE DIMA T EPUTY SHERIFF COST: $34.78 SO ANSWERS, August 06, 2013 RONWY R ANDERSON, SHERIFF (c)Counh Suite Sheriff,Teleosoft,lnc:. tjo SR ; C hC i 5-� _(I v!l. C �.1.� A vim.�o w_w✓1-r� d''`Q C-iVI(t.1�,n_--k ea y zZnA ►�3 - kLCa -d-- t s— ID �1c�cG� �t�����xrt � G�G-�ul��-l�`s fpa?�l�ou.� �w�cn w►c��(n 1 n���h�a+�4k l3� � l D�.� a n -(� as n� v-� e�d�, ►ryt:�n�'tr� , A e .Mck,� V 3WV- c�'�inn t e\AC re,4- om E ff T W,.Kell) - 170i 3 WELTMAN,WEINBERG& REIS Co., IPA ATTORNEYS AT LAW Ovea-80 Years of Servixe. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219-1826 (5 13) 723-6097 (800) 589-8516 MON-THURS 8AM-9PM, FRI 8AM-5PM, & SAT 8AM-12PM EST July 12,2013 CHRISTINE M HINKEN 903 PATTON DR CARLISLE PA 170131657 RE: Current Creditor: DISCOVER BANK Account No.: XXXXXXXX XXX0287 WWR File No.:30119575 Balance Due as of July 12,2013: $3,985.99 Dear CHRISTINE M HINKEN: We are writing to advise that pursuant to previous authorization furnished for pre-arranged payments, we will be initiating a debit entry on 07/22/2013 for check number 9000 in the amount of$105.00. If you should have any concern with regard to this action, please contact our office immediately at 1-800-589-8516. This communication is from a debt collector attempting to collect this debt for the current creditor and any information obtained will be used for that purpose. Thank you for your attention to this matter. Sincerely, Weltman Weinberg&Reis Co., L.P.A. 101 ONWELT0199 ..........................:............................................................................................................................................................................................................................................................................................................................. ......... WWR No.: 30119575 436 Seventh Avenue, 1400 Koppers Building Balance Due as of July 12,2013: $3,985.99 Pittsburgh,PA 15219-1826 RETURN SERVICE REQUESTED July 12,2013 B41/99/17478557/0354-99 90155672 CHRISTINE M HINKEN 903 PATTON DR CARLISLE PA 17013-1657 B41/99/17478557/0354 e-4 /W A QAt___ dui bac_� Y ���3 %oA-4jy) °