HomeMy WebLinkAbout13-7419 Supreme Court:of.Pennsylvania NJ«WR# 30196673 C A Pit SJS
Courf CommonKleas
twit Cover Sheet For Protlro�rotarr Use Only: r ,
C UMBERLAND, ', , r' Count; Docket No:
rJ� +:
1
The information collected on this form is used solely for court administration proposes. This for-nn does not
supplement or replace the filing and serl-ice of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S 13 Complaint ❑ Writ of Summons ❑ Petition
E Transfer from Another Jurisdiction Declaration of Takin
C DISCOVER BANK
Lead Plaintiffs Name: Lead Defendant's Name:
T CHRISTINA WALTMAN
I
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 Q No Is this an MDJ Appeal? 13 Yes 53 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 [3 Employment Dispute
Mass tort) Discrimination
C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board
T ❑ Other: ❑ Other:
I ❑ Other:
O
N MASS TORT
0 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
0t° T�-IG- PnTtION TAr2Y
2013 DEC 1 6 PPS 3: 2 p
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No:
VS.
COMPLAINT IN CIVIL ACTION
CHRISTINA WALTMAN
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
30196673 C A Pit SJS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No
CHRISTINA WALTMAN
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's
account, which is the subject of this litigation.
4. Defendant is an adult individual(s) residing at 205 W LOCUST ST
ENOLA PA 17025
5. Defendant applied for - and.received a credit card bearing the
account number XXXXXXXXXXXX7613.
6. Defendant made use of said credit card and has a current balance
due of $1683.59. 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, CHRISTINA WALTMAN, INDIVIDUALLY, in the amount of $1683.59
and costs.
William T. Molcz ,47437
WELTMAN, WEINBEV & REIS CO., L.P.A.
436 7th Ave Ste 1400
Pittsburgh PA 15219 -1827
(412) 434 -7955
FAX: 412- 338 -7130
WWR# 30196673 Pit SJS - --
DISC VER Discover More Card
Account number ending in 7613
Open Date: Mar 24, 2013- Close Date: Apr 23, 2013
Cardmember Since 2012
Page 1 of 4
A CCOUNT SUMMARY P AYMENT INFORMATION
Previous Balance $1,670.01 New Balance $1,733.59
Payments and Credits — $0.00 Minimum Payment Due' $506.00
Purchases + $0.00
Payment Due Date May 8, 2013
Balance Transfers + $0.00 • Includes past due amount of: y
Cash Advances $0.00 p $422.00
Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the
Interest Charged + $28.58 date listed above, you may have to pay a late fee of up to $35.00 and your
New Balance $1,733.59 purchase and balance transfer APRs for new transactions may be increased up to
the Penalty APR of 24.99% variable.
See Interest Charge Calculation section fallowing the Minimum Payment Warning: If you make only the minimum payment each
Transactions section for detailed APR information __ j period you will pay more in interest and it will take you longer to pay off your
Credit Line $1,500 I balance. For example:
Credit Line Available SO lfyot tnokefl6addttiptitxletam, YAq�ktll:fiayof�lh@ �nd.youvillendup
usrne� N> and each tnarrlh ba16M shown on this po i g.oOvArnalec#ioial
Cash Advance Credit Line $200 you; statamanttn gbaut;,., af..
Cash Advance Credit Line Available SO Only the minimum payment 4 years $2,367
i
You may be able to ovoid interest on Purchases. If you would like information about credit counseling services, call 1- 800 -347 -1 121.
l See reverse for details.
., ......... ............................... ........................................................................... ................ ................._..................... ............................_', REWARDS
. . .................................................................................................................................................................
Contact Discover.corn _ ..............._.............._.................................._._._.........._................................................._................................................_........._.............................._.....__......... ............................._.
Cashback Bonus® Anniversary Month
1-800-347-2683
January
Opening Balance S 0.00
Please make check payable to Discover. You are overlimii. New Cashback Bonus This Period + S 0.00 j
Pay the sum of the Minimum Payment Due plus the remaining Redeemed This Perio .... — S .. _ ..._...... .
overlimii amount of $233.59. C Bonus Balance $ 0.00
`i To learn more, log in at Discover.com 1
Make Check pa to Discover NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
Please fold on the perforation below, detach and return with your payment
.... ...... .... ....... ..
Paytneo Co upon, ft Oh litte Pay by P hone ! Account number ending in 7613�I
�i►
.. . . .........
�aSi� do nat �Id, rrlip csr sto�1�., L�iscq��;�am 1_= 800- c�4�- 26f33� _.
-. Minimum Payment Due S506.00
New Balance $1,733.59:
.. ... .. _....... ......... f
Payment Due Date May 18, 2013
..................... .__ _.....................................................................-...- I ....................................... ................,.............
CHRISTINA WALTMAN Amount enclosed S I
205 W LOCUST ST
ENOLA PA 17025 -3042
PO BOX 71084
CHARLOTTE NC 28272 -1084
30196673 Internet payments must be received by 5 P ET to be credited as of the some day
Address, e-mail or telephone changed? Note changes on reverse. side
00000198645246898972701733590030000005D600 EXHIBIT
CHRISTINA WALTMAN ...................... Account number ending in Open Dote: Mor 24, 2013 - Close Dole: Apr 23, 2013 Page 2 of 4
...........
Important Information You must ensure that sufficient funds are available in your bank account, and
See your Cardmember Agreement. Your Card member Agreement all transactions must comply with U.S. low.
contains all the terms of your Account.
Lost or stolen cards. Report immediately! Call 1- 800 - 347 -2683. You can set automatic 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 an error on your statement, write to us of: Discover, PO amount' poyment is not enough to cover the Minimum Payment Due as listed
Box 30421, Salt Lake City, UT 84130 -0421. 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 ore 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 Cardmember Agreement or visit payment is greciter than the New Balance on your billing statement, that
hops : / /discover.com /biIlingrighis 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 part of your Account balance at ony lime. billing statement based on credits or payments offer the Close Dote.
However, you must pay at least the Minimum Payment Due b the Poymenl
Due Date. Send only your ppaymeni and the bottom portion q this statement If you 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 following blanks below and retain the authorization for your records.
authorize us 10 use information on your check to make an electronic fund
transfer from your account at the financial institution indicated on your cheek Amount: Full Pay Min Pay Min Pay+ $
or to process the payment QQs o check trAAnsoction. If a payment is processed
as an electronic fundtranster, the transfer will be for the amount of the I Other Amount$ Bank Routing #:
check. When we use information from your check to make on electronic fund Bank Account #
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. Monthly on the ... I Payment Due Date I....IClose Date
The processing of your payment may be delayed if you send cash, Day of month (insert date)
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. Credit Reporting. We may report information about your Account to credit
Payments received in proper form at our processing facility by 5PM local time bureaus. Late payments, missed payments, or other defaults on your Account
on any day will be credited to your Account as of that day. Payments received may be reflected in your credit report. We normally report the status and
at our processing facility after 5PM local time will be credited to your Account payment history of your Account to credit reporting agencies each month. If
as of the next day. If you have misplaced your envelope, send your payment you believe that our report is inaccurate or incomplete, please write us at the
to Discover, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7.10 following address: Discover, PO Box 15316, Wilmington, DE 19850 -5316.
days for delivery. If your payment is returned unpaid, we reserve the right to Please include your name, address, home telephone number and Account
resubmit it as an electronic debit, Payments made online or by phone will be number.
credited as of the day of receipt if mode by 5 PM Eastern time.
Paying Interest. Your due dale is at least 25 days after the close of each
You can pay your monthly Minimum Payment Due, or a greater amount that billing period (at least 23 days for billing periods that begin in February). We
does not exceed your current Account balance, over the telephone or you can will not charge you any interest on Purchases if you pay your entire balance
setup automatic payments through a customer service representative by by the due date each month. We will begin charging interest on Cash
calling 1- 800 -347 -2683. Automatic payments for the billing period shown Advances and Balance Transfers as of the later of the Transaction Dote or the
on your statement will be deducted on the Payment Due Date shown on that first day of the billing period in which the transaction posted to your Account.
statement, or the next automatic payment date referred to on your statement,
unless you request a recurring payment date (e.g., the 15" day of the month) How We Calculate Interest Charges. We Use the Daily Balance Method
that occurs before your Payment Due Dote or Close Dote. If your scheduled (including current transactions) to calculate the Balance Subject to Interest
payment date falls on a weekend or bank holiday, your payment will be Rote. For more information, please cal I us at 1 -800- 347 -2683.
processed the business day prior to the weekend or bank holiday. In order to
schedule monthly payments by telephone, you will need this statement and Balance Subject to Interest Rate. Your statement shows a Balance Subject
your bank account information. You will be asked to provide the lost four (4) to Interest Rate. It shows this for each transaction category. The Balance
digits of the social security number of the primary borrower, By providing Subject to Interest Rote is the average of the doily balances during the billing
those numbers as your electronic signature, you will be agreeing to this period.
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 Credit Balances. If your Account has a credit balance, the amount is shown
authorize us to initiate debit or credit entries to your bank account, as on the front of your billing statement. A credit balance is money that is owed
applicable, to correct an error in the processing of such payment. You can to you. You may make charges against this amount if your Account is open.
cancel a scheduled payment by phone at 1- 800 - 347 -2683 or by mail at We will send you a refund of any remaining balance of 51.00 or more after
Discover, PO Box 30421, Solt Lake City, UT 84130 -0421; however, we must 6 months, or as otherwise required by applicable low, or upon request made
receive notice at least three business days in advance of the scheduled to the address in the Contact Us section on page 3 of your billing statement.
payment. If your payments may vary in amount, we will tell you on each Discover may monitor and /or record telephone calls between you and
monthly billing statement when your payment will be made and how much if Discover representatives for quality assurance purposes.
will be.
The Discover® card is issued by Discover Bank, Member FDIC. TL23N
CHANGE OF ADDRESS
If correct on front, do not use. Please print clearly in blue or block ink, in the space provided.
i Street Address Home Phone '
......................................... _ ......... ..._.......................................... ...._.................................................... .....................................
.........._
Work Phone
City Email
.................................................................................................................................................................................. ...............................
36 bdid73 ___
........... ... ........... _
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 7613
Open Date: Mar 24, 2013 - Close Date: Apr 23, 2013
Page 3 of 4
CON - TACT .........................................ACT U
................................................ ............................... .
a Web Mobile Phone Inquiry Mail Payments
Access your Manage your ® 1- 800 - DISCOVER ® Discover Discover i
account securely account anytime, (1 -800- 347 -2683) PO Box 30943 PO Box 6103
i at Discover.com anywhere at TDD 1 -800- 347 -7449 Salt Lake City Carol Stream
m.Discover.com UT 84130 IL 60197.61
......._......- ........__... ....._.._..................
Transactions
Trans. Date Post Date
Fees Apr 18 Apr 18 LATE FEE S 35.00
TOTAL FEES FOR THIS PERIOD 35.00
............. -......................................_................_ ... _................................................._.._....................... .................... _..................._...._............................................................_...............................__..........................................._............................................................_.................._._... ..................._........... ...... _
........................ ...............................
Interest Charged INTEREST CHARGE ON PURCHASES $ 28.58
INTEREST CHARGE ON CASH ADVANCES 0.00
INTEREST CHARGE ON BALANCE TRANSFERS 0.00
TOTAL INTEREST FOR THIS PERIOD 28,58
_ ...... ..... .__ - --._.._ _......__ .....
.
2013 Totals Year -to -Date
TOTAL FEES CHARGED IN 2013 S 140.00
TOTAL INTEREST CHARGED IN 2013
......................................... S 79.96
. . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interest Charge Calculation
Your Annual Percentage Rote (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 19.99% V $1,683.80 S28.58
Cash Advances 23.99% V $0.00 50.00
V= Variable Rote
Information For You
For more information about how interest charges are calculated see your Cordmember Agreement or go to www.discover.com /interestcharges
30196673
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
CHRISTINA WAL7MAN . Account number ending in 7613 Open Date Mar 24, 2013 - Close Date: Apr 23, 2013 Po e 4 of 4
.._.... . .......... ... ...............
30196673
DISC VER Discover More Card
Account number ending in 7613
Open Date: Feb 24, 2013- Close Date: Mar 23, 2013
Cardmember Since 2012
A CCOUNT SUMMARY P AYMENT INFORMATION Page 1 of 4
Previous Balance 51,610.14 New Balance $ 1 ,670.0 1
- I
Payments and Credits — $0.00 Minimum Payment Due' $422.00 i
Purchases + $0.00
Pay Due Daie
Balance Transfers + $0.00 I y April 18, 2013
Cosh Advances
+ $0.00 Includes past due amount of: $342.00
I Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the
Interest Charged + $24.87 date listed above, you may have to pay a late fee of up to $35.00 and your
New Balance $1,670.01 purchase and balance transfer APRs for new transactions may be increased up to
the Penalty APR of 24.99% 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 interesi and it will take you longer to pay off your
Credit Line $1,500 balance For example:
Credit Line Available 50 if y on rrddrhohzilchb es yo o o£�fhe And ott%A11etidu
I Y 1 9 1 f? y Y kt
Cash Advance Credit line $200
using K4 - ofd and each tnor boiancoshtsv+nron:tttit paynganestimtafdlotal j
you.pcY<,: tafamenl to abouf aF.,;
Cash Advance Credit Line Available s0 Only the minimum payment 1 5 years 52,325
You may be able to ovoid interest on Purchases. If you would like information about credit counseling services, call 1-800-347.1121 j
! See reverse for details. ( .. ......
............................................................................................................................................................................................................. ............_................_,
................................................... ............................... ..............................__.-..._ .................... ....... .................__............ REWARD S
............................................................................................................................ ...............................
_ ....._ ...
.. ......... ....._.
Contact Us Discover.com
Cashback Bonus® Anniversary Month
1 -800 -347 -2683 January
Opening Balance 5 0.00
See "Information For You" section for important information New Coshback Bonus This Period + S 0.00
regarding Your Billing Rights. Redeemed This Period — S 0.00
........--.._ .... .
.._._............_ .......................... _ ..............._..........._ _.. .._._............._.._............................_ . _
.._......._...................._......._......... .........,,,,..._....._ . k Bonus Balance $ 0.00 i
t 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
... ...... ....... ...... ........ ........ .
Pgymenf Cbup0q Pay Otillne Pa b y Phone Account number ending in 7613
......
Pleg5 do not fold, F1ifj or ttapl�:, f1t5a4Yer•'oit} d•00 3d7- Zbt3°3' Minimum Payment Due S422.00
New Balance $1,670.01
.... ... .. ..
Payment Due Date April 18, 2013 j
CHRISTINA WALTMAN
205 W LOCUST ST (Amount enclosed (S j
ENOLA PA 17025 -3042
PO BOX 71084
CHARLOTTE NC 28272 -1084
30196673 Internet payments must be reserved by SPM ET to be credited as of the someday
Address, e-mail or telephone changed? Note changes on reverse side
000001986452468989727016700100168000042200
CHRISTINA WALTMAN Account number ending in 7613 Open Date: Feb 24, 2013 •Close Date: Mar 23, 2013 Pa e 2 of 4
............. ............... .
Important Information You must ensure that sufficient funds are available in your bank account, and
See yo C your A r Agreement. Your Cordmember Agreement contains all transactions must comply with U.S. low.
Lost or stolen cards. Report immediately! Call 1 -800- 347 -2683. You can set automatic 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 an 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 -0421. 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 ore 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 Cordmember 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 /billingrights 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 at any time. billing statement based on credits or payments after the Close Date.
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 you 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 following 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 Min Poy+ S
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 Other AmouniS ;Bank Routing #:
as an electronic fund transfer, the transfer will be for the amount of the Bonk Account # ;
check. When we use information from your check to make an electronic fund
transfer, funds may be withdrawn from your account as soon as the some Monthly on the: ...I Payment Due Date %._I Close Date
day we receive your payment, and you will not receive your check bock from
your financial institution. ( Day of month (insert dole)
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 Nose 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 periods that begin in February). We
will not charge you any interest on Purchases if you pay your entire balance
You can pay your monthly Minimum Payment Due, or a greater amount that by the due date each month. We will begin charging interest on Cash
does not exceed your current Account balance, over the telephone or you can Advances and Balance Transfers as of the later of the Transaction Date or the
setup automatic payments through a customer service representative by first day of the billing period in which the transaction posted to your Account.
calling 1- 800 - 347 -2683. Automatic payments for the billing period shown
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, (including current transactions) to calculate the Balance Subject to Interest
unless you request a recurring payment date (e.g., the 15" day of the month) Rate. For more information, please call us at 1- 800 - 347 -2683.
that occurs before your Payment Due Date or Close Date. If your scheduled
payment date falls on a weekend or bank holiday, your payment will be Balance Subject to Interest Rate. Your statement shows o Balance Subject
processed the business day prior to the weekend or 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 Subject to Interest Rate is the average of the daily balances during the billing
your bank account information. You will be asked to provide the last four (4) period.
digits of the social security number of the primary borrower. By providing
those numbers as your electronic signature, you will be agreeing to this Credit Balances. If your Account has a credit balance, the amount is shown
authorization to allow us and your bank to deduct each payment you on the front of your billing statement. A credit balance is money that is owed
authorize, in the amount selected by you, from your bank account. You also to you. You may make charges against this amount if your Account is open.
authorize us to initiate debit or credit entries to 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 made
cancel a scheduled payment by phone at 1- 800.347 -2683 or by mail at to the address in the Contact Us section on page 3 of your billing statement.
Discover, PO Box 30421, Solt Lake City, UT 84130 -0421; however, we must Discover may monitor and /or record telephone calls between you and
receive notice at least three business days in advance of the scheduled Discover representatives for quality assurance purposes.
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 The Discover@ card is issued by Discover Bank, Member FDIC. TL23N
will be.
CHANGE OF ADDRESS
If correct on front, do not use. Please print clearly in blue or black ink, in the space provided.
Street Address I Home Phone
I l
Work Phone
........ .........
_ ........ ..............) ...... _ .. ... ...... ................. ...., ............. ..... ...............
....... ...-- - ............ ................... .. .. .............. .................. ....._
..........
City i Email
36 b6973 ............ ...................... ..._.... __ ._................ .................... ..............
.. _...... _ .
To make changes to your address, email or telephone number, visit Discover.corn
Continued on next page
DISC VER° Discover More Card
Account number ending in 7613
Open Date: Feb 24, 2013 - Close Date: Mar 23, 2013
Page 3 of 4
CONTACT US
.......... ... ............................... ............................ ............................ ....................................................................................... ...............................
Web Mobile Phone ® Inquiry 0 Mail Payments 1
� Access your � Manage your 1-800-DISCOVER Discover Discover
account securely account anytime, (1- 800 - 347 -2683) PO Box 30943 PO Box 6103
+ j at Discover.com anywhere at TDD 1- 800 - 347 -7449 Salt Lake City Carol Stream
m. iscover.com UT 84130 IL 60197 -6103 i
......... ......... . ............. _
Transactions
Trans. Date Post Date
Fees Mar 18 Mar 18 LATE FEE 5 35.00
TOTAL FEES FOR THIS PERIOD 35.00
....................................... ................................................... .............................................................. ...._.......................................... ._......._--- .......... ....._....... ...__._......._................ - ................................ ---- ...._.......- ......................... ..._......... .......... .. .
Interest Charged INTEREST CHARGE ON PURCHASES 5 24.87
INTEREST CHARGE ON CASH ADVANCES 0.00
INTEREST CHARGE ON BALANCE TRANSFERS 0.00
TOTAL INTEREST FOR THIS PERIOD 24.87
_.._.___._.. ....--------------- .._.___ -----
2013 Totals Year -to -Date
TOTAL FEES CHARGED IN 2013 S, 105.00
TOTAL INTEREST CHARGED IN 2013 $ 51.38
...................................... ..........__ ...................... .............................. .........._..................... ................................ - .................. .................... _................. ............. ................ _ ............................... ................... ................................. ...................................... ............................................................ ..... ............
....................... ...............................
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Current Billing Period: 28 days
ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO
TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE
Purchases 19.99% V $1,622.10 S24.87
Cash Advances 23.99% V $0.00 50.00
V= Variable Rate
Information For You
Your Billing Rights: Keep This Document For Future Use
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If 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,Solt Lake City, UT 84130 -0421.
In your letter, give us the following information:
Account infor Your name and account number.
D.ol,lar_.am.o...unt: The dollar amount of the suspected error.
Description,._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.
At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing. 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.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
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.
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.
36f6h our investigation, one of two things will happen:
• I _we made _a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
k
CHRISTINA WALTMAN Account number ending in 7,613 . Open Date: Feb 24, 2013 - Close Date: Mar 23, 2013 Pa e 4 of 4
......I ........ ........................ ....... g ..............
Information For You ... Continued
If we do not believe there was a mistake You will hove to pay the amount in question, along with applicable interest and fees, We will send you a statement
of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we
cannot report you as delinquent without also reporting that you are questioning your bill. We must Jell you the name of anyone to whom we reported you as
delinquent, and we must let those organizations know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.
Y...ou r, Rig„h„ is _I.f_You..Are._D iss..oii sfied._W h__Y.o...0 r_C red.ii._.C...o rd.._Pu rc ho...ses
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 on 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 obove. 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.
30/ 96673
A
� R
1
VERIFICATION
(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 hn�Q/ ►� �-- c L
(Signature)
DB Servicing Corporation servicing affiliate
For Discover Bank
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson , T. ' f,. F,ft ] ,.
Sheriff
Ysettof �::etmi,,,r�tr ; Ail
Jody S Smith r .,d,; l `I
Chief Deputy
Richard W Stewart PENNSYLVANIA
Solicitor , t; ,,, ,i-.
Discover Bank
vs.
Case Number
Christina Waltman 2013-7419
SHERIFF'S RETURN OF SERVICE
12/30/2013 03:55 PM- Deputy Valerie Weary, being duly sworn according to law, served the requested Complaint&
Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Christina Waltman at 205 W. Locust Street, East Pennsboro, Enola, PA 170 5.
ii
VALERIE WEARY, DEPUTY
SHERIFF COST: $44.95 SO ANSWERS,
December 31, 2013 RON*R ANDERSON, SHERIFF
( r
/o
January 14, 2014 '�'ii,'' "/'
Pr-,;IL AND c
NA'S YL 0(1N I y
RE: Discover VS; Christina Waltman
No: 13-7419 Civil
JS 0hog-e. '
Please see the attached letter that was sent on January 2, 2014 and January 13,
2014. I acknowledge that this debt is mine and would like to arrange a payment
plan to settle this debt. I have attempted to negotiate this directly with the
attorney via phone calls, FAX, and letter, but have not received a response at
that time.
I am asking to have the payment plan I presented considered, and I will also
attempt to make additional payments as I can to clear this debt as soon as
possible ,but not later than the end of the year.
I can be reached at Waltmanc(a�preit.com
or my home address via mail
205 West Locust Street
Enola. PA 17025
Sincerely,
Christina Waltman
01/13/2G14 MON 09: 22 iR3245 2001
*********** *****
*** TX REPORT ***
•
*****************
JOB NO. 1889
ST. TIME 01/13 09:21
PGS. 3
SEND DOCUMENT NAME
TX INCOMPLETE
TRANSACTION OK 14123387130
ERROR
Attention:
William Molczan
412-338-7130
Page 1 of 2
January 14, 2014
Weltman, Weinberg, & Reis
Attn: William Molczan
436 71h Avenue, Ste 1400
Pittsburgh, PA 15219-1827
RE: Discover VS; Christina Waltman
Dear Mr. Molczani:
Please see the attached letter that was sent on January 2, 2014.
As of this time I have not received a response and am at a loss as to what do
next or how to proceed. I do not want to use my very limited resources to contact
an attorney, but I am not sure what to do.
I do have a check that I can submit as a first payment at this time for$500, but
do not know where I can send it.
I can be reached at Waltmanc a(�preit.com
or my home address via mail
205 West Locust Street
Enola. PA 17025
Sin ely,
Christina Waltman
01/02/2014 THU 10:37 1R3245 1001
*****************
• *** TX REPORT ***
JOB NO. 1880
ST. TIME 01/02 10: 35
PGS. 2
SEND DOCUMENT NAME
TX INCOMPLETE
TRANSACTION OK 14123387130
ERROR
Attention:
William Molezan
412-338-7130
Page 1 of 2
January 2, 2014
Weltman, Weinberg, & Reis
Attn: William Molczan
436 7Th Avenue, Ste 1400
Pittsburgh, PA 15219-1827
RE: Discover VS; Christina Waltman
Dear Mr. Molczani:
I have received notice of the civil action filed against me on December 30, 2013.
At this time I am not in a position to pay the amount of$1733.59 in full. I would
like to propose monthly installments of$150.00 due on the 15th of each month,
until paid in full which would be complete by December 15, 2014. I fully
anticipate that I could have that paid off sooner as finances allow, with a
significant payment made when my Federal Tax Refund is paid. If this is an
acceptable plan, I am prepared to make a payment of$200 immediately.
I can be reached at Waltmanc(a�preit.com or my home address via mail
205 West Locust Street
Enola. PA 17025
,Sirerely,
Christina Waltman
Specialty Leasing
•
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
CHRISTINA WALTMAN
Defendant
TO THE PROTHONOTARY:
Civil Action No. 13-7419 CIVIL
PRAECIPE FOR JUDGMENT BY CONSENT
Kindly enter Judgment against Defendant, CHRISTINA WALTMAN, in the amount of $1,683.59 plus
costs, based upon the consent of the parties.
CONSENTED TO:
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
Attorney fo
CHRISTINA ALTMAN
205 W LOCUST ST
ENOLA, PA 17025
WWR# 30196673
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No 13-7419 CIVIL
CHRISTINA WALTMAN
Defendant
STIPULATION OF THE PARTIES FOR PAYMENT
AND FOR THE ENTRY OF JUDGMENT BY CONSENT
TO THE PROTHONOTARY:
Kindly enter Judgment in favor of Plaintiff and against the Defendant, CHRISTINA WALTMAN,
above-named, in the amount of $1,683.59 pursuant to the Stipulation of the Parties for Payment and for the
Entry of Judgment by Consent, as follows:
1. Defendant admits indebtedness to Plaintiff in the amount of $1,683.59.
2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will
be entered in favor of the Plaintiff and against the Defendant, CHRISTINA WALTMAN, in the amount of
$1,683.59 plus continuing interest thereon at the statutory rate of 6.000% per annum from the date of judgment,
and costs.
3. Defendant shall pay monthly at a rate of $150.00 commencing on January 15, 2014 and each
month thereafter until the balance is paid in full.
4. All payments are to be made payable to the order of "DISCOVER BANK"
5. The first payment due under this agreement is to be received at the offices of Weltman,
Weinberg & Reis, Co., L.P.A., 436 7th Ave Ste 1400, Pittsburgh, PA 15219. All future payments are to be
mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430.
6. In the event of default, each payment received shall be first attributed to costs, interest and then
to principal.
7. Time is of the essence of this agreement and should the Defendant fails to have in the hands of
Plaintiff or Plaintiffs counsel any payment in full within five (5) calendar days of the stated due date, then
Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to
collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs.
8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall
constitute a waiver, estoppel, or any other excuse for non - performance of any duty undertaken by the Defendant
in this Stipulation which the parties agree is final and complete. //^^
9 Intending to be legally bound, the parties set their hands and seals this UJ day
of , 20 f L/ .
CHRISTINA WALTMAN
205 W LOCUST ST
ENOLA, PA 17025
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
Matthew D. Urban, Esquire
PA I.D. # 90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 7th Ave Ste 1400
Pittsburgh, PA 15219
WWR# 30196673 A PIT SJS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
CHRISTINA WALTMAN
Defendant
CHRISTINA WALTMAN
205 W LOCUST ST
ENOLA, PA 17025
Civil Action No. 13 -7419 CIVIL
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or J dg ent was entered against you
on 3J'%!'�
(xx) Assumpsit Judgment in the amount
of $1,683.59 plus costs.
( ) Trespass Judgment in the amount
of $ plus costs.
( ) If not satisfied within sixty (60)
days, your motor vehicle operator's license and /or registration will be
suspended by the Department of Transportation, Bureau of Traffic Safety,
Harrisburg, PA.
(xx) Entry of Judgment of
( ) Court Order
( ) Non -Pros
( ) Confession
( ) Default
( ) Verdict
( ) Arbitration
( ) Award
(XX) By Consent
Prothonotary
By:
PROTHONOTARY (OR DEPUTY)
WELTMAN, WEINBERG & REIS,CO., L.P.A.
BY: William T. Molczan,47437
I.D. No. 47437
436 7th Ave Ste 2500
Pittsburgh PA 15219-1842
(412) 434-7955
FAX: 412-338-7130
File # 30196673 C A Pit SJS
Attorney for Plaintiff(s)
DISCOVER BANK
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
vs.
CHRISTINA WALTMAN
CASE NO. 13-7419 CIVIL
PRAECIPE TO SATISFY
TO THE PROTHONTARY:
Kindly mark the case and judgment entered against Defendant
CHRISTINA WALTMAN as satisfied.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
William T. Mo, czan
Attorney for Plaintiff
-77
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