HomeMy WebLinkAbout13-7008 Supr eme C�o ennsylvania WWR# 30197335 C A Pit SJS
Court of Com on Pleas
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mthomia fuse On
Civil Cover. Sheet] For P n' 4':
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C UMBERLANL * ,� » ry �:F -• Count Docket No:
- I3 -'7nD8 tv i lT�'rY1
The information collected on this form is used solely for court administration purposes. 'This form does not
supplement or replace the filing and service ofpleadings or other papers as required by lain or rules of court.
Commencement of Action:
S 18 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 CAROL HUNTOON
0 Are money damages requested? ® 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 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 [Pro Se] 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 13 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.
�- ra
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
� � ° 7
Plaintiff
No : b08 � 6 V I� �1/1
VS.
COMPLAINT IN CIVIL ACTION
CAROL HUNTOON
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
30197335 C A Pit SJS
AlTq
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No
CAROL HUNTOON
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
1
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 6765 MOLLY PITCHER
HWY SHIPPENSBURG, PA 17257
5. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX4763.
6. Defendant made use of said credit card and has a current balance
due of $5313.47. 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, CAROL HUNTOON, INDIVIDUALLY, in the amount of $5313.47 with
interest at the statutory rate of 6.00 % per annum from date of
judgment and costs.
William T. Mdlczan
WELTMAN, WEINBERG REIS CO., L.P.A.
436 7th Ave Ste 140
Pittsburgh PA 15219 -1827
(412) 434 -7955
FAX: 412 - 338 -7130
WWR# 30197335 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.
D ISC VER Discover More Card
Account number ending in 4763
Open Date: Jun 19, 2013- Close Date: Jul 18, 2013
Cardmember Since 1998
A CCOUNT SUMMARY P AYMENT INFORMATION Page 1 of 4
Previous Balance $5,20115 \ l New Balance $5
Payments and Credits — $0.00 1
Minimum Payment Due " $970.00
Purchases + $0.00
g
$0.00 I Payment Due Date August 13, 2013
Balance Transfers +
Cash Advances
+ $0.00 Includes past due amount of: $839.00
Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the
Interest Charged + $75.32 date listed above, you may have to pay a late fee of up to $35.00 and your
j chase and balance transfer APRs for new transactions may be increased up to
New Balance $5,313.47 Pur
the Penalty APR of 22.49% 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 d 1 II _...... _. _ _ ..... ... ._ ....................._ period you will pay more in in an i wi take you longer to pay off your
Credit Line 55,100 balance For example: j
Credit Line Available 50 if you snake - no irddii anai chbtges
you rytll :pay off fhb A tid;you Wtll etld up, j using t s cord and each tnt5nfh 16*16n4 ah�rrt orx tftis 1 paying on estimcttedfoial
Cash Advance Credit Line $2,700
YOU statement ttt abaul- df.,,
Cosh Advance Credit Line Available $0 1 Only the minimum payment i 17 years $12,199
i
You may be able to avoid interest on Purchases. If you would like information about credit counseling services, call 1- 800 -347 -1 121.
See reverse for details. ... ........
......
................................... ...
...........
.................................................................................................................................... .............................._
..................... _ ............... _._ ....................... ......................... . _ .................................................. ........................................... .................
REWARDS
Contact Us Discover.com j Cashback Bonus® Anniversory Month
1- 800 -347 -2683 I July
Opening Balance S 0.00
Please make check payable to Discover. You are overlimit. New Cashback Bonus This Period + 5 0.00
Pay the sum of the Minimum Payment Due plus the remaining Redee . ....................... ........- . _
.......................................................................................__._.........._.......................................,............-............. ... ... ................... . .....
overlimit amount of $213.47. Cashback Bonus Balance $ 0.00
To learn more, log in at Discove
Make Check payable to Discover NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
Please fold on the perforation below, detach and return with your payment
. ..... . ........................... . ... ....... ........................... ..
Pa)/t1i1 nT CQUpbn p�/ Oh line ay' b Phonp:. Account number ending in 4763 '.
y
i
Please da n4t fold, Fttp tsr stapf DtScdVer:tor4 1 $0047 -21483 Minimum Pa ment Due 5970.00
New Balance $5,313.47 1
............ ........_._ _ .....
_..__.. _._..
Payment Due Date August 13, 2013
CAROL HUNTOON
6765 MOLLY PITCHER HWY Amount enclosed I5
SHIPPENSBURG PA 17257 -9576
PO BOX 71084
CHARLOTTE NC 28272 -1084
I I Ilk 111 11;1'(lp IIIi 1 111' :11'1:'11 IIIji':I ,
301 97336 t 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
000001986458531624910053134700300000097000 EXtO�T
CAROL HUNTOON Account number ending in 4763 Open Dote: Jun 19, 2013 . Close Date: Jul 18, 2013 Pa e 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. low.
See your CardrnemberAgreement. 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 o 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 84130-042 1. 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 Cordmember 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 Cordmember Agreement or visit payment will be processed only for the amount of your New Balance. Your
hops:/ /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 Dole.
Payments. You may pay all or port of your Account balance at any 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 by the Pa men[ 'allowin blanks below and retain the authorization for our records.
Due Date. Send only our payment and the bottom portion of this statement 9 Y
in the envelope provided. Do not send cash. If you pay by check, yo —
outhoriz@ us to use information on your check to make on electronictn Amount: Full Pay [] Min Pay Min Pay+ S
transfer trom your account at the financial institution indicated on your check Other AmounlS Bonk Routin #:
or to process the payment as o check transaction. If a payment is processed g
as on electronic fundtransfer, the transfer will be for the amount of the Bank Account #
check. When we use information from your check to make on electronic fund
transfer, funds may be withdrawn from your account as soon as the some Monthly on the: Payment Due Date (...I Close Date
day 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 cosh, 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
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 hove 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 on electronic debit. Payments made online or by phone will be Paring Interest. Your due dale is of least 25 days after the close of each
credited as of the day of receipt if mode by 5PM Eastern lime. 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 on your statement,
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 Dote or Close Dote. If your scheduled Rate. For more information, please call us at 1 -800- 347 -2683.
payment dote falls on o 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. a 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 g y'
your bank account information. You will be asked to provide the lost four (4) Subject to Interest Rate is the average of the doily balances during the billing
digits of the social security number of the primary borrower. By providing period.
those numbers as your electronic signoiure, you will be agreeing to this Credit Balances. If your Account has a credit balance, the amount is shown
authorize,
authorization allow us one your bank , f deduct each payment you on the front of your billing statement. A credit balance is money that is owed
authorize s the amount sel you, from your bank account. You also to you. You may make charges against this amount if your Account is open.
, to initiate debit or credit entries to your bank account, as W will send you a refund of any remaining balance of 51.00 or more after
applicable, correct on error in the processing of such payment. You can 6 months, or as otherwise required by applicable low, or upon request mode
cancel a scheduled payment by phone at 1- 800. 347 -2683 or mail at to the address in the Contact Us section on page 3 of your billing statement.
receive notice of least t three business dogs in advance of the schedul) ed d
Discover, PO Box 30 Salt Lake City, 84130-0421; however, must Discover may monitor and /or record telephone calls between you and
hrn
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 Distover® 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. I
Street Address Home Phone
jWork Phone
City Email
i
36 1 bf535
To make changes to your address, email or telephone number, visit Discover.com
Continued on next page
DISC VER Discover More Card
Account number ending in 4763
Open Date: Jun 19, 2013 - Close Dote: Jul 18, 2013
Page 3 of 4
CONTACT US
........................... ..................................... ............................... .................................................................................................................................................................................................................................................................................................................. ...............................
1 0 Web Mobile Phone Inquiry Moil Payments
Access your � Manage your ® 1- 800 - DISCOVER 0 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
Tr D P D
Fees Jul 13 Jul 13 LATE FEE $ 35.00
TOTAL FEES FOR THIS PERIO 35.00
Interest Charged INTEREST CHARGE ON PURCHASES $ 75.32
INTEREST CHARGE ON CASH ADVANCES 0.00
INTEREST CHARGE ON BALANCE TRANSFERS 0.00
TOTAL INTEREST FOR THIS PERIOD 75.32
_.....------- .--- - -__._ ........ ------ ._ ...... .—..._._...__—...._.....__—_—..._—__.___...._..._.—_,------- —..._ ......... _ .......... .............
2013 Totals Year -to -Date
TOTAL FEES CHARGED IN 2013 5 235.00
TOTAL INTEREST CHARGED IN 2013 $ 499.58
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..................... . . . . . . ......................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......................... . . . . . . . . . . . . . . . . . . ................... ..............................
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Current Billing Period: 30 days
ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO
TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE
Purchases 17.49% V $5,239.48 $75.32
Cash Advances 23.99% V $0.00 $0.00
V= Variable Rate
Information For You
For more information about how interest charges are calculated see your Cardmember Agreement or go to www .discover.com /inierestchorges
30197335
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
number
CAROL ..........NUNTOON Accouni endin in 4763 Open Date; Jun 19, 2013 - Close Dote: Jul 18, 2013 Page 4 o.!-.4..
. ...... . ... .. ........... ... . .. ......... .. ...... ....... ..
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30197335
VERIFICATION
V/
(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.
i
Date /
(Sia ature).
DB Servicing Corporation servicing affiliate
For Discover Bank
of THE PRO TH'QNO TAI 't"
ZOf 3 OEC
IAN PM 2: 4 3
CUMBERLAl O COUNTY
WELTMAN, WEINBERG & REIS CO., L.P.A. PENNSYLVANIA
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 #30197335 ASW/SJS
DISCOVER BANK Cumberland County
Court of Common Pleas
vs.
No.: 13-7008 CIVIL TERM
CAROL HUNTOON
PRAECIPE TO DISMISS WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss the above matter without prejudice .
WELTMAN, WEINBERG& REIS CO., L.P.A.
By
Ashle . ey, 'squire
Attorney for ' ain f
1 111111 11111 1111 111111 11111 11111