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HomeMy WebLinkAbout13-5581 r t ' Supreme Court; 30161520 C A Pit SJS f Pennsylvania WWR# Cout ?of Common;P ' `� For Prothonormy L Onh': Civil Goverlshee� C UMBERLANL} COUnh- Docket No: f y / 13-568) m iTerm The information collected on this form is used solely for court administration pwposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by lax or rules of court. Commencement of Action: S 12J 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 GLENDA M RIDER 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? ❑ Yes 13 No Is this an MDJ Appeal? 13 Yes W No Name of Plaintiff /Appellant's Attorney: William T. Molczan,47437 ❑ Check here if you have no attorney (are a Self- Represented JPro 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 lg 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 13 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 Cl 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 t ' r Mw IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA' CIVIL DIVISION DISCOVER BANK Plaintiff No: 13 -5ES1 IT664 vs. COMPLAINT IN CIVIL ACTION GLENDA M RIDER 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 30161520 C A Pit SJS 4ID3. ?5 PQ ATH C I Id a5 (o X18 ag59 /7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No GLENDA M RIDER 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 s 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 622 BOSLER AVE LEMOYNE, PA 17043 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0358. 6. Defendant made use of said credit card and has a current balance due of $3484.92. 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, GLENDA M RIDER, INDIVIUDALLY, in the amount of $3484.92 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. William T. Mo czan,47 7 WELTMAN, WEINBERG & IS CO., L.P.A. 436 Seventh Avenue, uite 1400 Pittsburgh, PA 15219 (412) 434 -7955 FAX: 412- 338 -7130 WWR# 30161520 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 0358 Open Dole: Apr 18, 2013 Close Dote: May 17, 2013 Cardmember Since 2010 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $3,399.29 New Balance $3,484.92 Payments and Credits — $0.00 Minimum Payment Due ` $783.00 Purchases + $0.00 Payment Due Date June 12, 2013 Balance Transfers + $0.00 • Includes past due amount of: $677.00 Cash Advances + $0.00 Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $50.63 date listed above, you may have to pay a late fee of up to $35.00 and your New Balance $3,484.92 purchase and balance transfer APRs for rew transactions may be increased up to the Penalty APR of 22.99 /a 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 lake you longer to pay off your Credit Line $3,000 balance. For example: Credit Line Available $0 If you make no additional charges 1 You will pay off the And you will end up using this card and each month balance shown on this paying on estimated total Cash Advance Credit Line $1,500 YOU Pay ,,, statement in about... of... Cash Advance Credit Line Available $0 Only the minimum moment 11 years 1 $6,334 You may be able to ovoid 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 December Opening Balance $ 0.00 Please make check payable to Discover. You ore overlimit. New Cashback Bonus This Period + $ 0.00 Pay the sum of the Minimum Payment Due plus the remaining Redeemed This Period — $ 0.00 overlimii amount of $484.92. 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. Payment Coupon A Pay Online © Pay by Phone Account rumber ending in 0358 Please do not fold, clip or staple. Discover.com 1- 800347.2683 Minimum Payment Due $783.00 IIII'" I�I��'"' I' llilii�li�illll�ll�llil 'I�Il�lilillilllll�ll�' New Balance $3,484.92 Payment Due Date June 12, 2013 GLENDA M RIDER 622 BOSLER AVE Amount enclosed Is LEMOYNE PA 17043 -1816 PO BOX 71084 CHARLOTTE NC 28272 -1084 C' �����III���I�I�II��III�I��I�IIII�II�I�II��II�III��III 'I�I�'lll�ll 30 1 6452Ql Internet payments must be received by 5PM ET io be credited as of the some day. Address, e-mail or telephone changed? Note changes on reverse side. 0 00001986456652163858034849200100000078300 EX 1 GLENDA M RIDER Account number ending in 0358 Open Date: Apr 18, 2013 - Close Date: May 17, 2013 Page 2 of 4 Important Information You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law_ See your Cardmember Agreement. Your Card member Agreement contains all the terms of your Account. You can set automatic payments for: (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed Lost or stolen cards. Report immediately! Call 1- 800 - 347 -2683. dollar amount, or (iv) Other dollar amount. If your scheduled "Other dollar What To Do If You Think You Find A Mistake On Your Statement amount" payment is not enough to cover the Minimum Payment Due as listed If you think there is an error on your statement, write to us at: Discover, PO on your monthly billing statement, your scheduled payment for that month Box 30421, Salt Lake City, UT 84130 -0421. You must write to us within 60 will be increased to cover the Minimum Payment Due. If the scheduled days after the error appeared on your statement. You may call us, but if you payment is greater than the Minimum Payment Due, any excess will be do we ore not required to investigate any potential errors, and you may have applied in accordance with your Cardmember Agreement. If your scheduled to pay the amount in question. The Billing Rights Notice further explains your payment is greater than the New Balance on your billing statement, that rights. Please see your Card member Agreement or visit payment will be processed only for the amount of your New Balance. Your https : / /discover.com /billingrighis for a copy of this notice. automatic payment amount may be less than the amount indicated on the billing statement based on credits or payments after the Close Date. Payments. You may pay all or part of your Account balance at anytime. If you enroll by phone in our automatic payment service, please fill -in the However, you must pay at least the Minimum Payment Due b y the Payment following blanks below and retain the authorization for our records. Due Dote. Send only yyour ppayment and the bottom portion of this statement 9 Y in the envelope provided. Do not send cash. If you pay by check, you authorize us to use information on your check to make an eledronic fund Amount: [I Full Pay Min Pay F1 Min Pay+ $ transfer from yyour account at the financial institution indicated on your check 0 Other Amount$ Bank Routing #: 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 Bank Account # check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the some Monthly on the 0 Payment Due Date P Close Date day we receive your payment, and you will not receive your check back from your financial institution. 0 Day of month (insert dote) 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 an envelope other than the one provided. may be reflected in your credit report. We normally report the status and Payments received in proper form at our processing facility by 5PM local time payment 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 inaccurate or incomplete, please write us at the of 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, Carol Stream, IL 601976103. Please allow 7.10 number. days for delivery. If your payment is returned unpaid, we reserve the right to 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 (at least 23 days for billing periods that begin in February). 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 How We Calculate Interest Charges. We Use the Daily Balance Method statement, or the next automatic payment date referred to� day of the month) n your statement , unless you request a recurring payment dole (e.g., the 15 (including current transact calculate e Subject ions) to calculat the Balance to Interest that occurs before your Payment Due Date or Close Dale. If your scheduled Rote. For more information, please call o at 1-800- bj 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 le the weekend will need this bank holiday statement . and In order to to Interest Rate. It shows this for each transaction category. The Balance schedule monthly payments by telephone, you will 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 Credit Balances. If your Account has a credit balance, the amount is shown authorization to allow us 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 by you, from your bank account. You also to you. You may make charges against this amount if your Account is open. authorize , to initiate debit or credit entries to your bank account, We will send you a refund of any remaining balance of $1.00 or more after applicable, correct an error in the processing of such payment. You can 6 months, or as otherwise required by applicable law, or upon request made cancel a scheduled payment by phone at IT8 84 -130- -2 0421 ; or howe mail at to the address in the Contact Us section on page 3 of your billing statement. receive notice at least t thre b u sin ess dogs in advance of the scheduled d must Discover, PO Box 30 e City, Discover may monitor and /or record telephone calls between you and r bnn payment. If your payments may vary in amount, we will cell 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 To make changes to your address, email or telephone number, visit Discover.com Continued on next page ON Rameffim DISCOVER Discover More Card Account number ending in 0358 Open Dote: Apr 18, 2013 - Close Dote: May 17, 2013 Page 3 of 4 CONTACT US A Web Mobile Phone Inquiry Aft Mail Payments Access your Manage your O 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 Soli Lake City Carol Stream m.Discover.com UT 84130 IL 60197 -6103 Transactions Trans. Date Post Date Fees May 12 May 12 LATE FEE S 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 50.63 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 50.63 2013 Totals Year -to -Date TOTAL FEES CHARGED IN 2013 $ 175.00 TOTAL INTEREST CHARGE IN 2 0 1 3 S 242.25 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rote on your account. Current Billing Period: 30 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 17.99% V $3,423.70 $50.63 Cash Advances 23.99% V $0.00 $0.00 V= Variable Rote Information For You For more information about how interest charges are calculated see your Cardmember Agreement or go to www .discover.com /interesichorges 30161520 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION GLENDA M RIDER Account number ending in 0358 Open Date: Apr 18, 2013 - Close Date: May 17, 2013 Page 4 of 4 30161520 VERIFICATION (Name) (TA) 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 FinZignature) Date 4 ' e DB Servicing Corporation servicing affiliate For Discover Bank SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 13 0C _4 P11 a s.3e Richard W Stewart " IiE£r;i_ea LlU d''i Solicitor PENNS YLVA MX Discover Bank Case Number vs. Glenda M Rider 2013-5581 SHERIFF'S RETURN OF SERVICE 10/01/2013 07:48 PM- Deputy Jason Kinsler, 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: Glenda M Rider at 622 Bosler Avenue, Lemoyne Borough, Lemoyne, PA 17043. JASON KI ER, DEPUTY SHERIFF COST: $46.08 SO ANSWERS, October 02, 2013 RON R ANDERSON, SHERIFF , ; it' 'f NOV 18 PP 2' 25 �G14 Ci � H IU COUNT WELTMAN,WEINBERG & REIS CO., L.P.A. PENNSYLVANIA MANIA 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 # 30161520 ASW/SJS DISCOVER BANK Cumberland County Court of Common Pleas vs. No.: 13-5581 CIVIL TERM GLENDA M RIDER PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBERG & REIS CO., L.P.A. Ar Ashl". we-iey, -quire Attorney for ' aintif 11111111111111111 IIII 111111111111111111111111111111111111 IIII 11111 MI