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HomeMy WebLinkAbout13-5693 30176648 C A Pit SJS Supreme Cou��t-c�f�enns��lvania wrr�x 0 � -- � Courf of Common Pxleas /- ! r N",1 Civil "CovenSheet ForProlhonotam Use Oid C UMBERLANq ,, * County; Docket No: 00 The information collected on this fibrin is used solel y for court administration purposes. This form does not supplement or replace the filing and serrice of pleadings or other papers as required by lain or rules of court. Commencement of Action: S 11 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 MARYANN A OTTO I 0 Are money damages requested? El Yes 0 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 MDJ Appeal? 13 Yes 63 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 *d 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 B [3 Product Liability (does not include [3 Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board •I' ❑ 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 hEPROTHA 0 TA R y 2013 SEP 3 A� Cut.,B AND RE ' "SYLVAtaA'�TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 13. SU vs. COMPLAINT IN CIVIL ACTION MARYANN A OTTO Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412- 338 -7130 30176648 C A Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No MARYANN A OTTO 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 202 3RD ST STE 302 NEW CUMBERLND, PA 17070 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5582. 6. Defendant made use of said credit card and has a current balance due of $5102.73. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 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, MARYANN A OTTO, INDIVIDUALLY, in the amount of $5102.73 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. William T. Mo c bn,47437 WELTMAN, WEINB G & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412- 338 -7130 WWR# 30176648 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. NINE DISCOVER Discover More Card Account number ending in 5582 Open Date: May 26, 2013- Close Date: Jun 25, 2013 Cardmember Since 2003 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $5,072.53 New Balance $ Payments and Credits — $0.00 Minimum Payment Due $811.00 Purchases + $0.00 Payment Due Date July 20, 2013 Balance Transfers + $Q.00 Includes past due amount of: $708.00 Cash Advances + $0.00 Fees Charged + $0.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $30.20 date listed above, you may have to pay a late fee of up to $35.00 and your New Balance $5,102.73 purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 11.99% 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 $9,100 balance. For example: Credit Line Available $0 if yoU mokano;i�ddtt�anal charges ;You welly off the A�14 ypuMnil end Up Cash Advance Credit L $31800 tfstn thts ar8andeachmonth Y •i�alanaesh #wnonlfit paytngbneshtpafdi1* s�alernePt in nlabt , o r.. , Cash Advance Credit Line Available $0 Onl the minimum a ment 10 ears $6,505 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 1 -800- 347 -2683 Cashback Bonus® Anniversary Occttoober Opening Balance $ 0.00 New Cashback Bonus This Period + $ 0.00 Redeemed This Period — S 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. Payment Coupon ga ©n�lrlle r Pay b s Paine Account number ending in 5582 O Tease do nbt k>Id cite ar 5fapfe 4 #)iscover cam n 1 800 347 Minimum Payment Due $811.00 Illllllllllllilllllllillliiillllllilillllllilillillililii 111 l New Balance $5,102.73 Payment Due Date July 20, 2013 MARYANN A OTTO 202 3RD ST STE 302 Amount enclosed $ NEW CUMBERLND PA 17070 -2130 PO BOX 71084 CHARLOTTE NC 28272 -1084 301 76643J Internet payments must be received by SPM ET to be credited as of the some day. I II illhllllllllllllllllll-lllll l'lliIIIII llllllNIIIlllll II Address, e-mail or telephone changed? Note changes on reverse side. 00000198645824091355405102730010000008 1100 EXHIBIT 1 MARYANN A OTTO Account number ending in 5582 Open Date: May 26 2013 - Close Date: Jun 25 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 Cardmember 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 immediatelyl 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, Solt 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 are 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 Cardmember 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 Dote. Payments. You may pay all or port of your Account balanc at an time. If you enroll by phone in our automatic payment service, please fill -in the However, you must pay at least the Minimum Payment Due the Payment following blanks below and retain the authorization for Due Dote. Send only our payment and the bottom portion of this statement 9 your records. in the enveloppe provi ed. D9 not send cash. If you pay by 4heck, yo te Amount: ❑Full Pa out horiz@@ us io use in ormation on your check to make an electronic nd y ❑ Min Pay n Min Pay+ $ transfer trom your account at the financial institution indicated on your check El Other Amount$ ;Bank Routing #: or to process the po ment pps , a check trQnsociion. If a payment is processed 9 as on electronic fund transfer the transfer will b check. When we use information from your check for the amount of t Bank Account # to make an electronic fund transfer, funds may be withdrawn from your account as soon as the some Monthly on the [I Payment Due Date 11 Close Date doy we receive your payment, and you will not receive your check back from your financial institution. ❑ Day of month (insert 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 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 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, Carol Stream, IL 60197.6103. 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 g p ( y g 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 on your statement, unless you request a recurring payment date (e.g., the 15'h 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 Balance Subject to Interest Rate. Your statement shows a Balance Subject processed the business day prior le the weekend will bank holiday. In order to to Interest Rate. It shows this for each transaction category. The Balance schedule monthly payments by telephone, you will need this statement and 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 h allow us and your book Credit Balances. If your Account has a credit balance, the amount is shown , f deduct each payment you on the front of your billing statement. A credit balance is money that is owed authorize, s the amount selected di 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 io your bank account, as We will send you a refund of any remaining balance of $1.00 or more after applicable, to correct an error in the processing of such payment. You can 6 months, or as otherwise required by applicable law, or upon request mode cancel a scheduled payment by phone of IT8 844130 -130 - 04421; 21; or however, mail at to the address in the Contact Us section on page 3 of your billing statement. Discover, PO Box 30 Salt Lake City, Discover may monitor and /or record telephone calls between you and payment. If your payments may vary in amount, we willl l tell you on each receive notice at least t three business dogs in n advance the scheduled d must Discover representatives for quality assurance purposes. monthly billing statement when your payment will be made and how much it will be. The Discover@ cord 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 381 9 1 948 To make changes to your address, email or telephone number, visit Discover.com Continued on next page DISC VEK Discover More Card Account number ending in 5582 Open Date: May 26, 2013 - Close Date: Jun 25, 2013 Page 3 of 4 CONTACT US 0 Web Mobile Phone Inquiry 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 Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 3.01 INTEREST CHARGE ON CASH ADVANCES 27.19 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 30.20 2013 Totals Year -to -Date TOTAL FEES CHARGED IN 2013 $ 0.00 TOTAL INTEREST CHARGED IN 2013 $ 174.77 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rote on your account. Current Billing Period: 31 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 6.99% $507.00 $3.01 Cash Advances 6.99% $4,580.12 $27.19 V= Voriable Rate Information For You For more information about how interest charges are calculated see your Cardmember Agreement or go to www .discover.com /inieresichorges i 30176648 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION J MARYANN A OTTO Account number ending in 5582 Open Date: May 26, 2013 - Close Date: Jun 25 2013 Page 4 of 4 30176648 VERIFICATION (/ 4 /" U WWi0,1V,;,96 (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 Services Date (Si natur DB Servicing Corporation servicing affiliate For Discover Bank WELTMAN,WEINBERG & REIS CO., L.P.A. BY: Matthew D. Urban Attorney for Plaintiff(s) I.D.No. 90963 436 7th Ave Ste 1400 Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File# 30176648 MDU/SJS DISCOVER BANK Cumberland County Court of Common Pleas , c. vs. A No.: 13 5693 CIVIL r z MARYANN A OTTO -73 s- cc: PRAECIPE TO DISMISS WITHOUT PREJUDICE < a• TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBERG& REIS CO., L.P.A. By Matthew D. Urban, Esquire Attorney for Plaintiff 1111I 11111 H1111111 1111111111 liii MII IIIII 11111 M