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HomeMy WebLinkAbout13-7011 d Supreme Court ,o,Tennsylvania WWRN 30216905 C A Pit SJS Cou ©f Commom leas / / N. I } For Prothoiwtan• Use Ontp: Civil Cover,Sheet C UMBERLAN j D i `�, �.� County Docket No: r The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and serv of pleadings or other papers as required bi- law or rules of court. Commencement of Action: S 13 Complaint ❑ Writ of Summons ❑ Petition B Transfer from Another Jurisdiction Declaration of Takin DISCOVER BANK C Lead Plaintiffs Name: Lead Defendant's Name: T MARYLOUISE C DARHOWER I 0 Are money damages requested? 53 Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits Is this a Class Action Suit? ❑ Yes IR No Is this an IYIDJ Appeal? ❑ Yes Gl No A 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 Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle 1,F —Debt 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 13 0 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 -a Cn y-, :I. - - - Tj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 13— r7NI VS. COMPLAINT IN CIVIL ACTION MARYLOUISE C DARHOWER 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 30216905 C A Pit SJS 4103.15 PO AT/ 01 1135533(0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No MARYLOUISE C DARHOWER 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 106 E NORTH ST CARLISLE, PA 17013 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7927. 6. Defendant made use of said credit card and has a current balance due of $10694.61. 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, MARYLOUISE C DARHOWER, INDIVIDUALLY, in the amount of $10694.61 with interest at the statutory rate of 6.00 % per annum from date of judgment and costs. William T. Molczan 437 WELTMAN, WEINBERG WREIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412 - 338 -7130 WWR# 30216905 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. New Balance Minimum Payment Du Account Number ending in 7927 DISCOVER $10,694.61 $1,586.00 Enter Amount Enclosed Below r ayffient DwDote $ I� March 11, 2012 Please make check payable to Discover Card. You are overlimit. Pay the sum of the monthly minimum payment plus the overlimit amount of $1,194.61. MARYLOUISE C DARHOWER 106 E NORTH ST CARLISLE PA 17013-2430 PO BOX 71084 CHARLOTTE NC 28272 -1084 Address, e-mail or telephone change? Go to www.Discover.com or print change in space above. 000001986618035444020106946100000000158600 Opening Date: January 17, 2012 - Closing Date: February 16, 2012 page 1 of 2 Discover More Card Account Summary Payment Information New Balance $10,694.61 A Minimum Payment Due* $1,586.00 Account number ending in 7927 Payment Due Date March 1], 2012 Previous Balance $10,506.58 *Includes past due amount of $1,375.00 Payments And Credits 0.00 Purchases + 0.00 Late Payment Warning: If we do not receive your minimum Balance Transfers + 0.00 payment by the date listed above, you may have to pay a late Cash Advances + 0.00 fee of up to $35.00 and your purchase and balance transfer Fees Charged + 35.00 APRs for new transactions may be increased up to the Penalty Interest Charged + 153.03 APR of 21.99% variable. New Balance $10,694.61 Minimum Payment Warning: If you make only the minimum See Interest Charge Calculation section Following payment each period, you will pay more in interest and it will transactions for detailed APR information take you longer to pay off your balance. For example: Credit Line $9,500.00 fy mq no YouwF11 posyoff Ah.4 yGiJ Wt utsd Credit Line Available $0.00 dfittonat chnrgei alagce gltpvrtt Ott upay1n an Cash Advance Credit Line $4,800.00 = ,.+, . . rd Ond 11 {$ 3tCitr}Ingrtt in : std Cash Advance Credit Line Available $0.00 you pay: bode You may be able to avoid Interest Charges, see Additional Only the minimum 41 years $36,489 Important Information for details. payment If you would like information about credit counseling services, Cashback Bonuse Anniversary Month call 1-800-3,47-1121. December Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in at www.Discowr.com 3 Easy Ways to Contact Us Manage Your Account Online at www.Discover.com 1. Access your account securely at www.Discover.com Access free online tools like Paydown Planner to create a plan 2. Call 1.800•DISCOVER (1- 800. 347 -26831 to pay down your balance securely access statements, pay Please have your Discover® card available. bills online and easily track all transactions 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 (Not a payment address) Make your money worth moresm —find easy ways to earn For payments, please send to address on remittance or and redeem cash rewards Discover, PO Box 6103, Carol Stream, IL 60197-6103 NEWI Access your account securely through your For TDD (Telecommunications Device For the Deal) mobile phone assistance, please call 1.800.347 -7449. Transactions Trans. Post ' Date Date Fees Feb 11 Feb 11 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 ""IM Inpgryq���r�e INTEREST CHARGE ON PURCHASES $ 151.84 M5 INTEREST CHARGE ON CASH ADVANCES 1.19 �(,� INTEREST CHARGE ON BALANCE TRANSFERS 0.00 E'�'IV NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER -J �Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloadable, password protected statements. • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through e-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. • Sign up today at D'iscovercom /paperless ®2010 Discover Bank, Member FDIC PAPER.0310 Transactions Trans. Post (cunt.) Date Date Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 153.03 2012 Totals Year -to -Date TOTAL FEES CHARGED IN 2012 $ 70.00 TOTAL INTEREST CHARGED IN 2012 303.36 30216905 Questions Visit www.Discover.com or DISCOVER call 1- 800 - DISCOVER (1- 800 - 347 - 2683). c/"� It pays to MARYLOUISE C DARHOWER DI DISCOVER Account number ending in 7927 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 31 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE (APR) INTEREST RATE Purchases 16.99% V $10,522.04 $151.84 Cash Advances 23.99% V $58,40 $1.19 V = Variable Rate Additional Important Information See your Cardmember Agreement, Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediatelyl Call 1- 800.347 -2683. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover, PO Box 30421, Salt Lake City, UT 84130.0421. In your letter, give us the following information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. Descriation of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in wr tina You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you , or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Salt Lake City, UT 84130 -0945 While we investigate, the some rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payments. You may pay all or part of your Account balance at anytime. However, you must pay at least the Minimum Payment Due by the Payment Due Date. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund transfer, the transfer will be for the amount of the 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 day we receive your payment, and you will not receive your check back from your financial institution. The processing of your payment maybe delayed if you send cash, 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. Payments received in proper form at our processing facility by 5PM local time on any dayy will be credited fo your Account as of that day. Payments received at our processing faaliTy offer 5PM local time will be credited to your Account as of the next day. IF you have misplaced your envelope, send your payment to Dixover, PO Box 6103 Carol Stream, IL 60197.6103. Please allow 7.10 days for delivery. If your payment is returned unpaid, we reserve the rig(it to resubmit it as an electronic debit. 30216905 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISC a r You can pay your monthly Minimum Payment Due, or a greater amount that does not exceed your current Account balance, over the telephone or you can setup automatic payments through a customer service representative by calling 1- 800 -347 -2683. Automatic payments will be deducted on the Payment Due Date unless you request a recurring payment date (e.g. the 15th day of the month) that occurs before your Payment Due Date. If your scheduled payment date Fads on a weekend or bank holiday, your payment will be processed the business day prior to the weekend or bank holiday. In order to schedule monthly payments b telephone you will need this statement and your bank account information. You will be asked to provide the last four (4�digi s of the social security number of the primary borrower. By providing those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize, in the amount selected by you, From your bank account. You also authorize us to initiate debit or credit entries to your bank account, as applicable, to correct an error in the processing of such payment. You can cancel a scheduled payment by phone at 1- 800 -347 -2683 or by mail at Discover, PO Box 30421, Salt Lake City, UT 84130-0421; however we must receive notice at least three business days in advance of the scheduled payment. 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 must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. You can set automatic payments For: (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed dollor amount, or (iv) a fixed dollar amount. If your scheduled fixed payment is not enouggh to cover the Minimum Payment Due as listed on your monthly billing statement, your scheduled payment for that month will be increased to cover the Minimum Payment Due. If the scheduled payment is greater than the Minimum Payment Due, any excess will be applied in accordance with your Cardmember Agreement. If your scheduled pa rent is greater than the New Balance on your billing statement, that payment will be processed only for the amount of your New Balance. Your automatic payment amount maybe less than the amount indicated on the periodic statement based on credits or payments after the Closing Date. If you enroll by phone in our automatic payment service, please fill -in the following blanks below and retain the authorization for your records. Amount: ❑Full Pay F Min Pay El Min Pay + $ ❑ Fixed Pay$ Bank Routing #: ; Bank Account #: ; Frequency: Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. We normally report the status and payment history of your Account to credit reporting agencies each month. If ou believe that our report is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, Wilmington, DE 19850-5316. Please indicate your name, address, home telephone number and Account number. PaYfng Interest: We begin to impose interest charges on a transaction fee or interest charge from the day we add it to the dally balance. We continue to impose interest charges until you pay tAe total amount you owe us. You can avoid paying interest on Purchases as described below. However, you cannot avoid paying interest on Balance Transfers or Cash Advances. How to Avoid Prn Interest on Purchases ( "Grace Period ") If you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing statement, we will not impose interest charges on new Purchases or any portion of a new Purchase, paid by the Payment Due Date on your current billing statement. New Purchases are Purchases that first appear on the current billing statement. How We Apply Payments Mav Impact Your Grace Period If you do not pay your New Balance in full each month, then, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. How We Calculate Interest Charges - Daily Balance Method (including current transactions): We calculate interest charges each billing period by first figuring the "daily balance" for each Transaction Category. Transaction Categories include standard Purchases, standard Cash Advances and different promotional balances, such as Balance Transfers. How We Figure the Daily Balance for Each Transaction Category We start with the beginning balance for each day. The beginning balance for the first day of the billing period is your balance on the last day of your previous billing period We add any interest charges accrued on the previous day's daily balance and any new transactions and fees. We add any new transactions or fees as of the later of the Transaction Date or the first day of the billing period in which the transaction or fee posted to your Account. We subtract any new credits and payments. We make other adjustments (including those adjustments required in the "Paying Interest" section). How We Figure Your Total Interest Charges We multiply the Baily balance for each Transaction Category by its daily periodic rate. We do this for each day in the billing period. This gives us the interest charges for each Transaction Category. To get a daily periodic rate, we divide the APR that applies to the Transaction Category by 365. We add up all the daily interest charges. The sum is the total interest charge for the billing period. How We Include Fees We add Balance Transfer Fees to the applicable Balance Transfer Transaction Category. We add Cash Advance Fees to the applicable Cash Advance Transaction Category. We add all other fees to the standard Purchase Transaction Category. Balance subject to Interest Rate. Your statement shows a Balance Subject to Interest Rate. It shows this for each transaction category. The Balance Subject to Interest Rate is the average of the daily balances during the billing period. Credit Balances. If your Account has a credit balance, the amount is shown on the front of your billing statement. A credit balance is money that is owed to you. You may make charges against this amount if your Account is open. We will send you a refund of any remaining balance of $1.00 or more after 6 months, or as otherwise required by applicable law. For TO (Telecommunications Device for the Deaf) assistance, please cal 1- 800 - 347 -7449. Discover may monitor and /or record telephone calls between you and Discover representatives for quality assurance purposes. The Discover ® card is issued by Discover Bank, Member FDIC RZNFE001 30216905 Questions? Visit www.Discover.com or ��SC�VER call 1 -800- DISCOVER (1- 800 - 347 - 2683). S / VERIFICATION � /J �M /�,�rn (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 r DB Servicing Corporation servicing affiliate For Discover Bank SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff " ,trinity,rr Jody S Smith . I : Chief Deputy Richard W Stewart "UMBERLAND COUNTY Solicitor ,F1- , µ PENNSYLVANIA Discover Bank vs. Case Number Marylouise C. Darhower 2013-7011 SHERIFF'S RETURN OF SERVICE 11/27/2013 05:48 PM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Marylouise C. Darhower, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not Found"at 106 E. North Street, Carlisle Borough, Carlisle, PA.This is the defendant's sisters address,the defendant has never resided at this address and the sister does not know where the defendant lives and hasn't seen her in over two years. SHERIFF COST: $39.78 SO ANSWERS, December 02, 2013 RON�Y R ANDERSON, SHERIFF SO'! RG. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan I.D. No. 47437 436 7th Ave Ste 1400 Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File # 30216905 WTM/SJS FILED-OF-1710E: CW THE PROTHONOTAIr( 2O1' APR 28 PM 1: 23 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff(s) DISCOVER BANK Cumberland County Court of Common Pleas vs. MARYLOUISE C DARHOWER No.: 13-7011 CIVIL TERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBERG & REIS CO., L.P.A. By 1 William T. Molczan, Esquire Attorney for Plaintiff 111111111111111 1111 111 III 1111111111 1111111111 1111111111 1111 111111111