HomeMy WebLinkAbout13-7578 Supreme Couj� WR Pennsylvania W 30230622 C A Pit SJS
t�
Court of Common
.. .�
Civil Cover, Sheet For Prothomlang Use Only:
CUMBERLANM County Docket No: <�
The iglormation collected on this form is used solehy for collet administration purposes. This for - nl 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 (3 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 DANIELLE M MCDERMOTT
I
O 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? ❑ Yes 13 No Is this an NMJ 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 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
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❑ 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
❑ 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
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❑ Legal
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❑ Other Professional:
Updated 1/1/2011
OF
fit,[ �i�a?Tl?;���
2013 DEC 23 ptf
cUMBENLANQ COUNTY
P'NNS YL V NIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
�2_ 1 (Uc
Plaintiff No: JJ
vs.
COMPLAINT IN CIVIL ACTION
DANIELLE M MCDERMOTT
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
30230622 C A Pit SJS
V
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. . Civil Action No ' ? j -� ✓�
DANIELLE M MCDERMOTT
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 330 EVERGREEN ST
NEW CUMBERLND, PA 17070
5. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX1856.
6. Defendant made use of said credit card and has a current balance
due of $1879.82. A copy of Plaintiff's STATEMENT is attached hereto,
marked as Exhibit 11 1 ".
7. Defendant is in default by failing to make monthly payments when
due. As such, the entire balance is immediately due and payable to
Plaintiff.
8. Although repeatedly requested to do so by Plaintiff, Defendant has
willfully failed and /or refused to pay the balance due the Plaintiff.
WHEREFORE, Plaintiff prays for Judgment in its favor and against
Defendant, DANIELLE M MCDERMOTT, INDIVIDUALLY, in the amount of
$1879.82 and costs.
William T. Molcza ,47437
WELTMAN, WEINBERgY& REIS CO., L.P.A.
436 7th Ave Ste 1400
Pittsburgh PA 15219 -1827
(412) 434 -7955
FAX: 412- 338 -7130
WWR# 30230622 C A Pit SJS
��sC " '''V
ER Discover More Card
Account number ending in 1 856
Open Date: Aug 18, 2013- Close Date: Sep 17, 2013
Cardmember Since 2010
Page 1 of 4
A CCOUNT SUMMARY P AYMENT INFORMATION
Previous Balance 51,812.25 New Balance $11 ,879.82
Payments and Credits — $0.00 Minimum Payment Due $385.00
Purchases + MOO Payment Due Date October 12, 2013
Balance Transfers + $0.00 * Includes past due amount of: $330.00
Cash Advances + $0.00
Fees Charged + S35.00 Late Payment Warning: If we do not receive your minimum payment by the
Interest Charged + $32.57 date listed above, you may have to pay a late fee of up to $35.00 and your
New Balance $1,879.82 purchase and balance transfer APRs for new transactions may be increased up to
the Penalty APR of 25.99% variable.
See Interest Charge Calculation section following the Minimum Payment Warning: If you make only the minimum payment each
Transactions section for detailed APR information period, you will pay more in interest and it will take you longer to pay off your
Credit Line $1,700 balance. For example:
Credit Line Available SO 1f ,ypatnakeAbddthpriq [ cbaYs" Yogwtll:j�ayof� the And;yauwtllendu�s ..
esin� tltfs ecsrfl and:euc#imtlh bolao9A htiwrt orrttfrrs ph}nn5 an es6rna}ed ts>rol
Cash Advance Credit Line 5200 Is sla*m4initts gbpvt;
Cash Advance Credit Line Available 50 Onl the minimum a ment 9 years $3,250
You may be able to avoid interest on Purchases. If you would like information about credit counseling services, call 1- 800 -347 -1 121,
i
See reverse for details.
REWARDS
Contact Us Discover.eol7t Cashback Bonus® Anniversary Month
1- 800 - 347 -2683 March
Opening Balance S 0.00
Please make check payable to Discover. You are overlimit. New Cashback Bonus This Period + S 0.00
Pay the sum of the Minimum Payment Due plus the remaining Redeemed This Period — S 0.00
overlimit amount of 5179.82. Cashback Bonus Balance $ 0.00
To learn more, log in at Discover.com
Make Check payable to Discover. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
%ease fold on the perforation below, detach and return with your payment.
�t1flE!n Copy < C� n�t ne iay ��apg Account number ending in 1856
Please to nc E0 ('d, o '
"T5 tlr;sta�afs .Q"gwer cam . ' : 1800 347 -683 _ _
Minimum Payment Due $385.00
I I I l,jr I I I I New Balance $1.879.82
Payment Due Date October 12, 2013
DANIELLE M MCDERMOTT
330 EVERGREEN 5T * Amount enclosed S
NEW CUMBERLND PA 17070 -1348
PO BOX 71084
CHARLOTTE NC 28272 -1084
30230622 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.
000001986451242377092018798200200000038500
DANIELLE M MCDERMOTT Account number ending in 1856 Open Date: Aug 18, 2013 - Close Date: Sep 17, 2013 Page 2 of 4
- -
Important Information You must ensure that sufficient funds are available in your bank account, and
all transactions must comply with U.S. low.
See your Cardmember Agreement. Your Cord member Agreement
contains all the terms of your Account. You can set automatic payments for: (i) statement New Balance, (ii) statement
Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed
Lost or stolen cords. Report immediatelyl Call 1 -800- 347 -2683. dollar arnount, or (iv) Other dollar amount. If your scheduled 'Other dollar
What To Do If You Think You Find A Mistake On Your Statement amount' payment is not enough to cover the Minimum Payment Due as listed
If you think there is on error on your statement, write to us at: Discover, PO on your monthly billing statement, your scheduled payment for that month
Box 30421, Solt Lake City, UT 84130-0421. You must write to us within 60 will be increased to cover the Minimum Payment Due. If the scheduled
days after the error appeared on your statement. You may call us, but if you payment is greater than the Minimum Payment Due, any excess will be
do we are not required to investigate any potential errors, and you may have applied in accordance with your Card member Agreement. If your scheduled
to pay the amount in question. The Billing Rights Notice further explains your payment is greater than the New Balance on your billing statement, that
rights. Please see your Cardmember Agreement or visit payment will be processed only for the amount of your New Balance. Your
https:/ /discover.com /biIlingrighis for a copy of this notice. automatic payment amount may be less than the amount indicated on the
billing statement based on credits or payments after the Close Dole.
Payments. You may pay all or part of your Account balance at any time. If you enroll by phone in our automatic payment service, please fill -in the
However, you must pay at least the Minimum Payment Due by the Pa meni following blanks below and retain the authorization for our records.
Due Date. Send only your payment and the bottom portion of this statement g Y
in the envelope provided. Do not send cosh. If you p by check, yo Amount: Full Pa Min Pa Min Pa + S
outhor'iz@ us to use information on your check to make n electronic Y Y Y
transfer trom yyour account at the financial institution indicated on your check Other AmounlS ;Bank Routing #:
or to process the payment as a check transaction. If a payment is processed
as an electronic fund tragnsfer, the transfer will be for the amount of the Bank Account #
check. When we use intormolion from your check to make an electronic fund
transfer, funds may be withdrawn from your account as soon as the some Monthly on the'_ Payment Due Dote L. Close Date
day we receive your payment, and you will not receive your check bock from
your financial institution. I Day of month (insert date)
The processing of your payment may be delayed if you send cash, Credit Reporting. We may report information about your Account to credit
correspondence or other items with your payment, if you send the payment to bureaus. Late payments, missed payments, or other defaults on your Account
any other address or if you use an envelope other than the one provided, may be reflected in your credit report. We normally report the status and
Payments received in proper form at our processing facility by 5PM local time payment history of your Account to credit reporting agencies each month. If
on any day will be credited to your Account as of that day. Payments received you believe that our report is inaccurate or incomplete, please write us at the
at our processing facility after 5PM local time will be credited to your Account following address: Discover, PO Box 15316, Wilmington, DE 19850-5316.
as of the next day. If you have misplaced your envelope, send your payment Please include your name, address, home telephone number and Account
to Discover, PO Box 6103, Carol Stream, IL 601976103. Please allow 710 number.
days for delivery. If your payment is returned unpaid, we reserve the right to
resubmit it as on electronic debit. Payments made online or by phone will be 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
You can pay your monthly Minimum Payment Due, or a greater amount that will not charge you any interest on Purchases if you pay your entire balance
does not exceed your current Account balance, over the telephone or you can by the due date each month. We will begin charging interest on Cash
setup automatic payments through a customer service representative by Advances and Balance Transfers as of the later of the Transaction Dole or the
calling 1- 800 - 347 -2683. Automatic payments for the billing period shown first day of the billing period in which the transaction posted to your Account.
on your statement will be deducted on the Payment Due Date shown on that How We Calculate Interest Charges. We Use the Daily Balance Method
statement, or the next automatic payment date referred to on your statement,
unless you request a recurring payment date (e.g., the 15" day of the month) (including current transactions) to calculate the Balance Subject to Interest
that occurs before your Payment Due Date or Close Date. If your scheduled Rate. For more information, please call us at 1 -800- 347 -2683.
payment date falls on a weekend or bank holiday, your payment will be Balance Subject to Interest Rate. Your statement shows a Balance Subject
processed the business day prior 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
your bank account information. You will be asked to provide the last four (4) Subject to Interest Rate is the overage of the daily balances during the billing digits of the social security number of the primary borrower. By providing period.
those numbers as your electronic signature, you will be agreeing to this Credit Balances. If your Account has a credit balance, the amount is shown
authorization allow u and your bank f deduct each payment you on the front of your billing statement. A credit balance is money that is owed
authorize, the amount t selected 10 initiate debit or credit you, from your bank account. You also to you. You may make charges against this amount if your Account is open.
authorize us t entries to your bank account, as We will send you o refund of any remaining balance of 51.00 or more after
applicable, to correct an error in the processing of such payment. You con 6 months, or as otherwise required m applicable law, or upon request made
cancel a scheduled payment by phone at 1 -800- 347 -2683 or by mail at t the address in the Contact Us section on page 3 of your billing statement.
receive notice at least t three business days in advance of the schedul) ed d
Discover, PO Box 30 Salt Lone City, 84130 -0421; however , must Discover may monitor and /or record telephone calls between you and
rn
payment. If your payments may vary in amount, we will tell you on each Discover representatives for quality assurance purposes.
monthly billing statement when your payment will be made and how much it
will be. The Discover�i 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.
Street Address Home Phone
Work Phone
City Email
.... .......
36h6922
To make changes to your address, email or telephone number, visit Discover.com
Continued on next page
Transactions
Trans. D a t e Past Date
Fees Sep 12 Sep 12 LATE FEE S 35,00
TOTAL FEES FOR THIS PERIOD 35,00
Interest Charged INTEREST CHARGE ON PURCHASES S 32.51
INTEREST CHARGE ON CASH ADVANCES 0.00
INTEREST CHARGE ON BALANCE TRANSFERS 0.00
TOTAL INTEREST FOR THIS PERIOD 32,51
2013 Totals Year -to -Date
TOTAL FEES CHARGED IN 2013 S 259,91
TOTAL INTEREST CHARGED IN 2013 S 249,01
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 20,99% V $1,$21.96 $32.51
Cash Advances 24,99% V $0,00 50,00
V- Variable Rate
Information For You
For more information about how interest charges are colculoled see your Cardmember Agreement or go to www .discover.com /inieresichorges
......... ......
DANIELLE M MCDERM077 Accouni number ending in 1856 Open Daie: Aug 18, 2013 • Close Date. Sep 17 2013 Page 4 of 4
_ ...... ............. __.
30230622
VERIFICATION
k
(Name) ( tle)
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 la ho/ 3 Z ----
a re)
DB Servicing Corporation servicing affiliate
For Discover Bank
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff E
€tsil�s°�4x
Jody S Smith <�? JA#' -8 p{t
Chief Deputy
Richard W Stewart 3 f C f'L A N u ; i
Solicitor =' f E -_NSYL Ai I/
•
Discover Bank
Case Number
vs.
Danielle McDermott 2013-7578
SHERIFF'S RETURN OF SERVICE
12/30/2013 04:13 PM - Deputy Shawn Harrison, being duly sworn according to law, e req ested Complaint
& Notice by"personally" handing a true copy to a person representing - r' - es to .e the Defendant,
to wit: Danielle McDermott at 330 Evergreen Street, New Cumberland, - t ,mberl. d, PA 17070.
A ,�
S ��N HA' % , DEPUTY
SHERIFF COST: $47.21 SO ANSWERS,
December 31, 2013 RONKR ANDERSON, SHERIFF
WELTMAN; WEINBERG & REIS CO., L .P.A.
BY: Matthew D. Urban, Esquire
I.D. No. 90963
436 7th Ave Ste 1400
Pittsburgh, PA 15219
Phone: (412) 434 -7955
Fax: (412) 338 -7130
File # 30230622 MDUISJS
1= THE PROTHUNQ Ain'
Attorney for Plaintiff(s) 2.014 MAR -7 P1l 1: [4.5
CUMBERLAND COUNTY
PENNSYLVANIA
DISCOVER BANK
vs.
DANIELLE M MCDERMOTT
CUMBERLAND County
Court of Common Pleas
No.: 13 -7578 CIVIL
PRAECIPE TO DISMISS WITH PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss the above matter with prejudice .
WELTMAN, WEINBERG & REIS CO., L.P.A.
1 1111111111111111 1111 111111 11111 11111 11111 11111 1111111111 1111 1111
I
By
Matthew D. Urban, Esquire
Attorney for Plaintiff