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Home My WebLink About13-7009 Supreme Court;vf Rennsylvania WWR# 30102103 C A Pit SJS Cour6f Common;Teas Civil Cover, -Sh et ForPm1hoiwlan' Use Ott[ : C UMBERLAN'q�,\ ,. � � C011nty Docket No: The information collected on this forma is used soleh. for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S M 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 ELLEN L LAKE 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 [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 4 Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle Cl 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 O ❑ Other: 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 C , M cD 61 'r - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK �r-- Plaintiff No: �3 r f 0O� ��VG� em VS. COMPLAINT IN CIVIL ACTION ELLEN L LAKE 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 30102103 C A Pit SJS Ib3 _ r75 M A7TY O,t 11358 ,538 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No ELLEN L LAKE 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 706 MUNICIPAL DR SHIPPENSBURG, PA 17257 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5212. 6. Defendant made use of said credit card and has a current balance due of $2046.93. 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, ELLEN L LAKE, INDIVIDUALLY, in the amount of $2046.93 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. William T. Molcz ,47437 WELTMAN, WEINBER & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412 - 338 -7130 WWR## 30102103 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. DISC VER Discover More Card Account number ending in 5212 Open Date: May 5, 2013- Close Dote: Jun 4, 2013 Cardmember Since 2002 Page 1 of 4 A CCOUNT SUMMARY P AYMENT INFORMATION Previous Balance $2,046.93 I New Balance $2,046.93 Payments and Credits — $0.00 1 Minimum Payment Due $288.00 Purchases + $0.00 Payment Due Date July 3, 2013 Balance Transfers + $0.00 Includes post due amount of: $247.00 Cash Advances + $0.00 Fees Charged + $0.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $0.00 dote listed above, you may have to pay a late fee of up to $35.00. New Balance $2,046.93 Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your j See Interest Charge Calculation section following the balance. For example: Transactions section for detailed .. . ...... ....... . ..... ...... Credit Line $5,500 lf"yc�fr makettoxddttt ri lc arges You willpay 4f{ And youwill.endup. y@ itg r}tC5 xai�f anti eocfi, ttionils balantt 3hoW4 on fhrs paying on estirnated Nt l Credit Line Available SO Cosh Advance Credit Line $2,800 1 Only the minimum payment 8 years $2,047 Cosh Advance Credit Line Available 50 If you would like information about credit counseling services, call 1-800-347-1121. You may be able to avoid interest on Purchases. See reverse for details. REWARDS ....... .... — -- M o n _ .............................................................................................................................................................................. ......- .... .......... .......... Cashback Bonus® Anniversary Month y January j Contact Us Discover.com Opening Balance $ 0.00 1-800-347-2683 New Coshbock Bonus This Period + 5 0.00 Redeemed This Period . — S 0.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cashback Bonus Balance $ 0.00 To learn more, log in at Discover.com Poke Check payable to Discover NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below, detach and return with your payment ... ..... ........ .- .......................... Poyrrat coupon 'oy Onitne. Pay by Phone n rending in 5212 Pl6ase da nor fsfd, lip or .stapila r5 over orh 1.: Accou t numbe $0047268 _. Minimum Payment Due $288.00 f New Balance $2,046.93 ........... Payment Due Date July 3, 2D13 ELLEN L LAKE 1847 ORRSTOWN RD Amount enclosed 5 SHIPPENSBURG PA 17257 -8808 . .... ..... ............... _ ......... ___._. PO BOX 71084 CHARLOTTE NC 28272 -1084 301 024D& Internet payments must be received by 5PM ET to be credited as of the some day Address, e-mail or telephone changed? Note changes on reverse side 000001986458171590355020469300212230028800 EXHIBIT ELLEN L LAKE Accouni_ number ending in 5212 Open Date: May 5, 2013 - Close Date. Jun 4, 2013 Pa e 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 ore 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 immediatelyl Call 1 -800- 347 -2683. You can set outomotic payments for: (i) statement New Balance, (ii) statement 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 on 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 84130-042 1. 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 investigate 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. Please see your Cordmember Agreement or visit payment is greater than the New Balance on your billing statement, that https : / /discover.com /billingrighis for a copy of this notice. payment will be processed only for the amount of your New Balance. Your automatic payment amount may be less than the amount indicated on the Payments. You may pay all or port of your Account balance of any time. billing statement based on credits or payments after the Close Dote. However, you must pay at least the Minimum Payment Due by the Payment Due Date. Send only your payment and the bottom portion of this statement If ou enroll by phone in our automatic payment service, please fill -in the in the envelope provided. Do not send cash. If you pay by check, you fo lowing blanks below and retain the authorization for your records. authorize us to use information on your check to make an electronic fund Amount: _ Full Pay Min Pay L.. Min Pay+ $ transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If a payment is processed C Other Amount S Bank Routing #: 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 on electronic fund transfer, funds may be withdrawn from your account as soon as the some Monthly on the I.. Payment Due Date Close Dote day we receive your payment, and you will not receive your check back from [ _Day of month (insert dote) your financial institution. The processing of your payment may be delayed if you send cash, Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or ocher defaults e your Account correspondence or other items with your payment, if you send the payment to any other address or if you use an envelope other than the one provided. may e reflected in your credit report. We normally report the status and Payments received in proper form at our processing facility by 5PM local time y p °ymenl 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 o believe that our report is inaccurate or incomplete, please write us at the foll owing address: Discover, dr Box home tel Wilmington, DE 19850- at our processing facility after 5PM local time will be credited to your Account Account Please include your name, address, home telephone number and Account as of the next day. If you have misplaced your envelope, send your payment number. 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 paying Interest. Your due dote is at least 25 days after the close of each resubmit it as an electronic debit. Payments made online or by phone will be billing period. We will not charge you any interest on new purchases if you credited as of the day of receipt if made by 5 PM Eastern time, pay your entire balance by the due date each month. We will begin charging You can pay your monthly Minimum Payment Due, or a greater amount that interest on cash advances and balance transfers as of the later of the does not exceed your current Account balance, over the telephone or you can Transaction Dote or the first day of the billing period in which the transaction setup automatic payments through a customer service representative by posted to your Account. calling 1- 800 - 347 -2683. Automatic payments for the billing period shown How We Calculate Interest Charges. We Use the Daily Balance Method on your statement will be deducted on the Payment Due Date shown on that (including current transactions) to calculate the Balance Subject to Interest statement, or the next ouiomaiic payment date referred to on your statement, Rate. For more information, please colt us at 1- 800 - 347 -2683 unless you request a recurring payment date (e.g., the 15" day of the month) that occurs before your Payment Due Date or Close Date. If your scheduled Balance Subject to Interest Rate. Your statement shows a Balance Subject payment date falls on a weekend or bank holiday, your payment will be to Interest Rate. It shows this for each transaction category. The Balance processed the business day prior to the weekend or bank holiday. In order to Subject to Interest Rate is the average of the daily balances during the billing schedule monthly payments by telephone, you will need this statement and period. your bank account information. You will be asked to provide the last four (4) digits of the social security number of the primary borrower. By providing Credit Balances. If your Account has a credit bolonce, the amount is shown those numbers as your electronic signature, you will be agreeing to this on the front of your billing statement. A credit balance is money that is owed authorization to allow us and your bank to deduct each payment you to you. You may make charges against this amount if your Account is open. outhorize, in the amount selected by you, from your bank account. You also We will send you a refund of any remaining balance of 51.00 or more after authorize us to initiate debit or credit entries to your bank account, as 6 months, or as otherwise required by applicable law, or upon request made applicable, to correct on error in the processing of such payment. You can to the address in the Contact Us section on page 3 of your billing statement, cancel a scheduled payment by phone at 1- 800 - 347 -2683 or by mail at Discover may monitor and /or record telephone calls between you and Discover, PO Box 30421, Salt Lake City, UT 84130 -0421; however, we must Discover representatives for quality assurance purposes. receive notice at least three business days in advance of the scheduled payment. The DiscoverTO card is issued by Discover Bank, Member FDIC. TL9 -22NF CHANGE OF ADDRESS ............................... If correct on front, do not use. Please print clearly in blue or black ink, in the space provided. I _....._.. _.... ..... .... ...... ..__ .... . ... _.... .......... i Street Address . Home Phone .................... ..................... _ .................. .............................. ........................................... ...... i Work Phone ......... ........ - ......... City Email 36 t bR03 .... .. ...... .. To make changes to your address, email or telephone number, visit Discover.com Continued an next page DISC VER Discover More Card Account number ending in 5212 Open Date: May 5, 2013 - Close Date: Jun 4, 2013 Page 3of4 CONTACT US ce Mobile Phone Inquiry Mail Payments 0 Ac cess your Manage your 1 -800- DISCOVER Discover Discover account securely account anytime, (1 -800- 347 -2683) PO Box 30943 PO Box 6103 f 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 5 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD S 0.00 2013 Totals Year -to -Date TOTAL FEES CHARGED IN 2013 S 0.00 TOTAL INTEREST CHARGED IN 2013 S 24.32 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 6.99% $0.00 50.00 Cash Advances 6.99% $0.00 $0.00 V= Variable Rate -1- ............................_.__..........._.................._.__..................................................................................................__.............._.............................................................._..........................._...__........._................._._.._..._........................-........._....................._....._....._.......... ........................................................... ......... ............................... _ Information For You For more information about how interest charges are calculated see your Cardmember Agreement or go to www .discover.com /interesicharges 30102103 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ELLEN L LAKE Account number ending in 5212 Open Date Moy 5, 2013 Close Date: Jun 4, 2013 Page 4 of 4 ............. ....................... _. ....... ...... 30102103 i VERIFICATION (Name) (Title) 6 7 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 *Fe) (Sign 'Servicing Corporation servicing affiliate For Discover Bank 1:13-Of F 1C(w E r THE PRO THONOTA 201.3 DEC 16 PM 2: 44 CUMBERLAND COUNTY PENNSYLVANIA WELTMAN, WEINBERG & REIS CO.,L.P.A. 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# 30102103 ASW/SJS DISCOVER BANK Cumberland County Court of Common Pleas vs. No.: 13-7009 CIVIL TERM ELLEN L LAKE PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBERG & REIS CO., L.P.A. By Ash ellri /ene squire Attorney fo 'lain. ff 1 111111 11111 11111 1111!11111 11111 11111 11111 11111 11111 11111 1111 11111 1111