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Home My WebLink About13-4772 Supreme Court, of Pennsylvania W WR # 30140066 C A Pit SJS Court of Common .Pleas Civil Cover Sheet For Prothonotan- t %se On4l: C UMBERLAND County Docket No: _ 7�� The information collected on this form is used solely for court administration purposes. This Joan does not supplement or replace the and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S a Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction E3 eclaration of Takin DISCOVER BANK C Lead Plaintiff's Name: Lead Defendant's Name: T DOROTHY S GRASSI I O Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes Cd No Is this an MDJ Appeal? ❑ Yes fed No A William T. Molczan,47437 Name of Plaintiff /Appellant's Attorney: ❑ 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 A 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: I ❑ 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 :�-, EICi� CF ] "HE 1't 01 H0Pq0TAR'f 2U(3AUG 12 PII 1: 0 }2 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK (� Plaintiff No: i 3 _ 7 - naa na vs. COMPLAINT IN CIVIL ACTION DOROTHY S GRASSI 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 30140066 C A Pit SJS t t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No DOROTHY S GRASSI 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 820 LISBURN RD APT 412 CAMP HILL, PA 17011 S. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4484. 6. Defendant made use of said credit card and has a current balance due of $4059.95. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11 1 11 . 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, DOROTHY S GRASSI, INDIVIDUALLY, in the amount of $4059.95 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. William T.'MolczaA,47437 WELTMAN, WEINBE & REIS CO., L.P.A. 436 Seventh Av ue, Suite 1400 Pittsburgh, P 15219 (412) 434 -7955 FAX: 412- 338 -7130 WWR# 30140066 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 Discover More Card Account number ending in 4484 Open Date: Feb 1, 2013- Close Date: Feb 22, 2013 Cardmember Since 2001 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $4,225.52 New Balance $4,059.95 Payments and Credits — $165.57 Minimum Payment Due $781.00 Purchases + $0.00 Payment Due Date March 17, 2013 Balance Transfers + $0.00 * Includes past due amount of: $699.00 Cash Advances + $0.00 Fees Charged + $0.00 Late Payment Warning: If we do not receive your minimum payment by the date Interest Charged + $0.00 listed above, you may have to pay a late fee of up to $35.00 and your purchase New Balance $4,059.95 and balance transfer APRs for new transactions may be increased up to the Penalty APR of 22.24% variable. See Interest Charge Calculation section following the Minimum Payment Warning: If you make only the minimum payment each Transactions section for detailed APR information period, you will pay more in interest and it will take you longer to pay off your Credit Line $3,800 balance. For example: Credit Line Available $ 0fypuifitrkeniiradditaonatahates. aYouwd(ayaffthe'Andyouvnllmdup { t ustntllrts ct�tt( ctn f etlCfi irZanl ttalanoe sfiowrtn#r� `payrrrt eshmal httol' Cash Advance Credit Line $2,000 " r 5 s 3 ti a w r � r . < Stat$itleht i abq t i o ` °` Cash Advance Credit Line Available $0 Only the minimum payment 10 years $4,060 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 -2683 March 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 return with your payment. # Account number ending in 4484 �xx �C�dIYt @tllr 'lease do�tt &gold `clip ors`ta1 s Disc25vee Dornr1 2 004 2�5t$ i F a>. , Minimum Payment Due $781.00 New Balance $4,059.95 Payment Due Date March 17, 2013 DOROTHY S GRASSI Amount endosed $ 820 LISBURN RD APT 412 CAMP HILL PA 1 701 1 -7468 _ I PO BOX 6103 CAROL STREAM IL 60197 -6103 30140066, Internet payments must be received by 5PM ET to be credited as of the same day. Address, e-mail or telephone changed? Note changes on reverse side. EXHIBIT 000001986458831736406040599500131000078100 DOROTHY S GRASSI Account number ending in 4484 Open Date: Feb 1, 2013 - Close Date: Feb 22, 2013 Page 2 of 4 Important Information You must ensure that sufficient funds are available in your bank account, and See your Cardmember Agreement. Your Cardmember Agreement contains all transactions must comply with U.S. law. all the terms of your Account. Lost or stolen cards. Report immediaiel Y I Call 1- 800 - 347 -2683. You can sea automatic payments for: statement New Balance, (ii) statement P Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed What To Do If You Think You Find A Mistake On Your Statement dollar amount, or (iv) Other dollar amount. If your scheduled "Other dollar If you think there is an error on your statement, write to us at: Discover, PO amount" payment is not enough to cover the Minimum Payment Due as listed Box 30421, Salt Lake 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 are not required to investigaie any potential errors, and you may have payment is greater than the Minimum Payment Due, any excess will be to pay the amount in question. The Billing Rights Notice further explains your applied in accordance with your Cardmember Agreement. If your scheduled rights. A copy of this notice is available at Mips:/ /discover.com /billing rights. payment is greater than the New Balance on your billing statement, that payment will be processed only for the amount of your New Balance. Your Payments. You may pay all or part 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 If ou enroll b hone in our automatic p ayment service, lease fill -in the in the envelope provided. Do not send cash. If you pay by check, you � Y P P Y p authorize us to use information on your check to make an electronic fund to lowing blanks below and retain the authorization for your records. transfer from your account at the financial institution indicated on your check Amount: ❑ Full Pay ❑Min Pay ❑ Min Pay+ $ or to process the payment as a check transaction. If a payment is processed as an 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 an electronic fund Bank Account # transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from Monthly on the ❑ Payment Due Date ❑ Close Date your financial institution. ❑ Day of month (insert date) The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment to Credit Reporting. We may report information about your Account to credit any other address or if you use an envelope other than the one provided. bureaus. Late payments, missed payments, or other defaults on your Account Payments received in proper form at our processing facility by 5PM local time may be reflected in your credit report. We normally report the status and on any day will be credited to your Account as of that day. Payments received payment history of your Account to credit reporting agencies each month. If at our processing facility after 5PM local time will be credited to your Account You believe that our report is inaccurate or incomplete, please write us at the as of the next day. If you have misplaced your envelope, send your payment following address: Discover, PO Box 15316, Wilmington, DE 19850-5316. Please include your name, address, home telephone number and Account 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 right to number. resubmit it as an electronic debit. Payments made online or by phone will be Paying Interest. Your due date is at least 25 days after the close of each credited as of the day of receipt if made by 5 PM Eastern time. billing period as least 23 days for billing periods that begin in February). 9 P ( Y 9 P g� We You can pay your monthly Minimum Payment Due, or a greater amount that will not charge you any interest on Purchases if you pay your entire balance does not exceed your current Account balance, over the telephone or you can by the due date each month. We will begin charging interest on Cash setup automatic payments through a customer service representative by . Advances and Balance Transfers as of the later of the Transaction Date or the calling 1- 800 - 347 -2683. Automatic payments for the billing period shown first day of the billing period in which the transaction posted to your Account. on your statement will be deducted on the Payment Due Date shown on that statement, or the next automatic payment date referred to on your statement, How We Calculate Interest Charges. We Use the Daily Balance Method unless you request a recurring payment date (e.?., the 15" day of the month) (including current transactions) to calculate the Balance Subject to Interest that occurs before your Payment Due Date or Close Date. If your scheduled Rate. For more information, please call us at 1- 800 - 347 -2683. payment date falls on a weekend or bank holiday, your payment will be processed the business day prior to the weekend or bank holiday. In order to Balance Subject to Interest Rate. Your statement shows a Balance Subject schedule monthly payments by telephone, you will need this statement and to Interest Rate. It shows this for each transaction category. The Balance your bank account information. You will be asked to provide the last four (4) Subject to Interest Rate is the average of the daily balances during the billing digits of the social security number of the primary borrower. By providing period. those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you Credit Balances. If your Account has a credit balance, the amount is shown authorize, in the amount selected by you, from your bank account. You also on the front of your billing statement. A credit balance is money that is owed authorize us to initiate debit or credit entries to your bank account, as to you. You may make charges against this amount if your Account is open. applicable, to correct an error in the processing of such payment. You can We will send you a refund of any remaining balance of $1.00 or more after cancel a scheduled payment by phone at 1 -800- 347 -2683 or by mail at 6 months, or as otherwise required by applicable law, or upon request made Discover, PO Box 30421, Salt Lake City, UT 84130-0421; however, we must to the address in the Contact Us section on page 3 of your billing statement. receive notice at least three business days in advance of the scheduled Discover may monitor and /or record telephone calls between you and payment. If your payments may vary in amount, we will tell you on each Discover representatives for quality assurance purposes. monthly billing statement when your payment will be made and how much it will be. The Discover@ card is issued by Discover Bank, Member FDIC. TL23N CHANGE OF ADDRESS If correct on front, do not use. Please print clearly in blue or black ink, in the space provided. Street Address Home Phone Work Phone City Email 346666 To make changes to your address, email or telephone number, visit Discover.com Continued on next page DISCO Discover More Card Account number ending in 4484 Open Date: Feb 1, 2013 - Close Date: Feb 22, 2013 Page 3 of 4 CONTACT US A Web ® Mobile O Phone ® Inquiry 0 Mail Payments Access your �� Manage. your 1- 800 - DISCOVER Discover 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 PAYMENT PROTECTION SETTLEMENT REFUND $ - 162.24 (800)347 -5538 Feb 12 Feb 12 WALLET PROTECTION SETTLEMENT REFUND -3.33 (800)347 -5538 Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2013 Totals Year -to -Date TOTAL FEES CHARGED IN 2013 $ - 127.24 TOTAL INTEREST CHARGED IN 2013 $ 60.89 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 22 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 17.24% V $0.00 $0.00 Cash Advances 23.99% $0.00 $0.00 V= Variable Rate 30140066 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION D6ROTHY S GRASSI Account number ending in 4484 Open Date: Feb 1, 2013 - Close Date: Feb 22, 2013 Page 4 of 4 30140066 VERIFICATION �t 16 /M - Zz XM4 m UO (Name) (Ti e) 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 amended 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 amended 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 Services. Date �/ � r /,/,d DB Servicing Corporation servicing affiliate For Discover Bank PO Box 3025 New Albany, OH 43054 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff Jody S Smith � � 3 SEP 23 PH 3: 18 Chief Deputy Richard W Stewart .? ��t r,+ COLNTY Solicitor F.0-p , a r°PENNSYLVANIA Discover Bank vs. Case Number Dorothy S Grassi 2013-4772 SHERIFF'S RETURN OF SERVICE 09/20/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dorothy S Grassi, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Served"at 820 Lisburn road,Apt. 412, Lower Allen, Camp Hill, PA 17011. Defendant's son and POA, Dan Tedesca (241 Haldeman Avenue, New Cumberland, PA 17070)called in to the Sheriffs office-advised that defendant is in the hospital and will be moving into a nursing home once she is discharged. Paper expired prior to us being able to serve the POA. SHERIFF COST: $49.95 SO ANSWERS, September 20, 2013 RONIR ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. F P tO HQN0TAt% 2U130CT 15 PH 3: 37 CUMBERLAND COUNTY � N WELTMAN,WEINBERG & REIS CO., F�A.SYLVANIA BY: Ashley L. Sweeney Attorney for Plaintiff(s) I.D.No. 313667 436 7th Ave Ste 1400 Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File# 30140066 ASW/SJS DISCOVER BANK Cumberland County Court of Common Pleas vs. No.: 13-4772 CIVIL DOROTHY S GRASSI PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBERG&REIS CO., L.P.A. BY 41/,41_ A'i : /4 Ashle fir , e: y, E•s uire Attorney for Plaintiff 1111111111111111IIII 111111 11111 11111 11111 11111 11111 MII IIII 11111 illl