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HomeMy WebLinkAbout14-4814 nnsylvaniaSupreme Co For Prothonotary Use Only: ,. Cour la C'076M0 in leas `tx ; r �� DocketNo: .� C1viip o �e�Seet L / 1 CU ERLANJY County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and seii4ce ofpleadings or other papers as required by law or rules of court. S Commencement of Action: ® Complaint ElWrit of Summons F-1Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T DISCOVER BANK TAMMI VOMERO Dollar Amount Requested: within arbitration limits Are money damages requested? ®Yes ❑ No ( one) outside arbitration limits O N Is this a Class Action Suit? ❑Yes ® No Is this an MDJAppear ❑ Yes N No A Name of Plaintiff/Appellant's Attorney: Zwicker&Associates.P.C. ❑ 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 Plaintiff ❑ Administrative ❑ Malicious Prosecution ® Debt Collection:Credit Card ❑ Agencies ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Assessment ❑ Nuisance ❑ Board of Elections ❑ Premises Liability ❑ Dept.of Transportation ❑ Product Liability(does not include ❑ Statutory Appeal:Other mass tort) ❑ Employment Dispute:Discrimination S ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Other. ❑ Zoning Board E [-I other. MASS TORT El e'er. C ❑ Asbestos T ❑ Tobacco ❑ Toxic Tort-DES I ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory O ❑ Other. ❑ Eminent Domain/Condemnation Arbitration ❑ Ground Rent ❑ Declaratory Judgment N E] Landlord/Tenant Dispute El Mandamus ❑ Mortgage Foreclosure:Residential ❑ Non-Domestic Relations PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial Restraining Order ❑ Dental ❑ Partition ❑ Quo Warranto B ❑ Legal ❑ Quiet Title ❑ Replevin ❑ Medical ❑ Other. ❑ Other. ❑ Other Professional: Updated 111/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, Plaintiff vs. Civil Action No. )q- % lel TAMMI VOMERO , Defendant(s) NOTICE TO DEFEND-CIVIL You have been sued in Court. If you wish to defend against the claim set forth in the following papers, you must take action within twenty (20) days after this complaint and notice are served by entering an appearance personally or by 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 any 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET C:i CARLISLE, PA 17013 -�- 717-249-3166 MM 3". ;MMC � fes' C�3 F LAWYER REFERRAL SERVICE: PENNSYLVANIA LAWYER REFERRAL SERVICE 800-692-7375 CD CD 11s%-pd L� Tsai o� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, Plaintiff c/o DB Servicing Corporation 6500 New Albany Road New Albany, OH 43054 Civil Action No. VS. TAMMI VOMERO , Defendant(s) TAMMI VOMERO 16 HAZELWOOD CT MECHANICSBURG, PA 17050 COMPLAINT IN CIVIL ACTION 1. Plaintiff is a FDIC-insured Delaware State Bank. 2. One or more of the Defendant(s)reside in CUMBERLAND County,Pennsylvania. COUNT I—BREACH OF CONTRACT 3. At the request of Defendant(s),Plaintiff issued an account for credit services to Defendant(s)with an account number ending in #0805 and Defendant(s) was provided a card member agreement. See card member agreement attached hereto as Exhibit"A". 4. Defendant(s) accepted the terms of the card member agreement by using the credit account for various purchases, cash advances and/or financial transactions. Account statement(s) for the credit account is/are attached hereto,marked Exhibit`B"and made a part hereof. 5. Defendant(s)breached the terms of the card member agreement by failing to pay the balance due and/or make the required monthly payment. 6. The balance due and owing to Plaintiff is $7,320.92. COUNT II—ACCOUNT STATED 7. The averments set forth in Paragraphs 1 to 6 above are incorporated by reference thereto as though herein set forth at length. 8. An account was duly stated between Plaintiff and Defendant(s). 9. Plaintiff sent periodic statements to Defendant(s). 10. The statements stated the balance and any debits and/or credits for period covered by the statement. 11. Defendant(s)made payments on the account or retained statements without payment. 12. The balance due and owing to Plaintiff is $7,320.92. Page 1 of 4 WHEREFORE, Plaintiff demands Judgment against Defendants) for the sum of $7,320.92 together with costs. ZWICKER&ASSOCIATES,P. C Attorneys for Plaintiff A Law Firm Engaged in Debt Collection DATE: &d ZGrt BY: dP9XYHAi,4 CAW T 16 Y, ESQ. PA Bar Id No. 798& 500 OFFICE CENTER DRIVE FORT WASHINGTON, PA 19034 (877)297-1183 Page 2 of 4 VERIFICATION h GALL (Name) (Title) V NJ 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 Page 3 of 4 Discover Bank's behalf. Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Services. Date: :�(A 1 s4 Name S7-CPH C-iV 0—' rs A-L-.l Defendant(s): TAMMI VOMERO Account number: ending in 0805 Page 4 of 4 TL23J.1210 DISCOVER CARDMEMBER AGREEMENT Thank you for choosing Discover®card.This Agreement explains the current terms and conditions of your Account.The enclosed Pricing Schedule is part of this Agreement.Please read this Agreement,including the Pricing Schedule,carefully.Keep them for your records.Contact us if you have any questions.We have included a"Definitions'section for your reference on page 4. ACCEPTANCE OF AGREEMENT You accept this Agreement if you do not cancel your Account within 30 days after receiving a Card.You also accept this Agreement if you or an Authorized User use the Account.You may,however,reject the"Arbitration of Disputes'section as explained in that section. CHANGES TO YOUR AGREEMENT The rates,fees and terms of this Agreement may change from time to time.We may add or delete any term to this Agreement.If required by law,we will give you advance written notice of the change(s)and a right to reject the change(s). We will not charge any fee or interest charge prohibited by law. USING YOUR ACCOUNT Permitted Uses You may use your Account for Purchases,Balance Transfers and Cash Advances.You may not use it for illegal transactions. Authorized Users You may request additional Cards for Authorized Users.You must notify us if you wish to cancel the authority of an Authorized User to use your Account. Joint Accounts If your Account is a joint Account: • each of you agrees to be liable individually and jointly for the entire amount owed on the Account;and • any notice we mail to an address provided by either of you for the Account will serve as notice to both of you. Checks If we provide you with Checks,we will tell you whether we will treat the Check as a Purchase,Balance Transfer or Cash Advance.You may not use these Checks to pay any amount you owe us. Credit Authorizations We may not authorize a transaction for security or other reasons.We will not be liable to you if we decline to authorize a transaction or if anyone refuses your Card,Check or Account number. Credit Lines We will tell you what your Account credit line is.You must keep your We may increase or decrease your Account credit line or your Cash Account balance below your Account credit line.If you do not,we Advance credit line without notice.We may delay increasing your may request immediate payment of the amount by which you exceed available credit by the amount of any payment that we receive for up it.We may establish a lower credit line for Cash Advances. to 10 business days. FEES (See your Pricing schedule for Additional Fees) Late Fee If you do not pay the Minimum Payment Due by the Payment Due Otherwise,the fee is$35.This fee will never exceed the Minimum Date,we will charge you a Late Fee.The fee is$25 if you were Payment Due that was due immediately prior to the date on which not charged a Late Fee during any of the prior six billing periods. the fee was assessed. Returned Payment Fee If you make a payment that is not honored by your financial billing periods.Otherwise,the fee is$35.This fee will never exceed institution,we will charge you a Returned Payment Fee even if the the Minimum Payment Due that was due immediately prior to the payment is honored after we re-submit it.The fee is$25 if you were date on which the payment was returned to us. not charged a Returned Payment Fee during any of the prior six Returned Check Fee We will charge you a Returned Check Fee each time we decline to Check Fee during any of the prior six billing periods.Otherwise,the honor a Check.The fee is$25 if you were not charged a Returned fee is$35.This fee will never exceed the amount of the Check. Research Fee We may charge you a Research Fee of$5 for each copy of a billing statement or sales slip that you request.We will not charge this fee if you request copies in connection with a billing dispute. E a g -'T H t5l A -1- ©2010 Discover Bank,Member FDIC ANNUAL PERCENTAGE RATES("APRs") (See your Pricing Schedule for the APRs,including Penalty APRs,that apply to your Account) Variable APRs Your Pricing Schedule may include variable APRs.These APRs are on the first day of the billing period that begins during the same determined by adding the number of percentage points that we calendar month that the Prime Rate changes.An increase in the specify to the Prime Rate.Variable APRs will increase or decrease APR will increase your interest charges and may increase your when the Prime Rate changes.The APR change will take effect Minimum Payment Due. Penalty APR When It Applies Rate that is in effect for the billing period in which you did not Each time that you do not pay the Minimum Payment Due by the pay the Minimum Payment Due by the Payment Due Date. Payment Due Date we may: E?�AAf+�I'�. TOTTt��A a�f Tete,�T P r aces Z g o�. • terminate any promotional APRs on new transactions;and d�tfte tan�a d at��or r�i ses % I�r��a�a#e, • increase your APRs for new transactions to Penalty APRs. ay +ana'le rats We will not apply a Penalty APR to Cash Advances. 'flg: A h y p How It Affects Your Account We Will Notify You To determine the variable Penalty APR for a new transaction: We will notify you of the date a Penalty APR will take effect.The • We add up to 5 additional percentage points to the otherwise Penalty APR will only apply to new transactions with a Transaction applicable APR. Date more than 14 days after we provide the notice to you, • We set your Penalty APR based on your creditworthiness and other We May Reduce It factors.These factors include your current APRs and Account history. We will review your Account from time to time as required by law • When we first determine the Penalty APR,we use the Prime to determine if any Penalty APR should be reduced. MAKING PAYMENTS Payment Instructions • You must pay us in U.S,dollars.All checks must be drawn on • We can accept late payments,partial payments or payments funds on deposit in the U.S. marked"payment in full"or with any other restrictive • You must pay us for all amounts due on your Account.This endorsement without losing any of our rights under this includes charges made by Authorized Users. Agreement. • We may refuse to accept a payment in a foreign currency.If we • We credit your payments in accordance with the terms do accept it,we will charge your Account our cost to convert it contained on your billing statement. to U.S.dollars. • If you mail your payment to an address other than the address designated on your billing statement,there may be a delay in processing and crediting the payment to your Account. Minimum Payment Due You may pay the entire New Balance shown on your billing statement • any Interest Charges and Late Fee shown on your billing at anytime.Each billing period you must pay at least the Minimum statement,plus$20. Payment Due by the Payment Due Date shown on your billing The Minimum Payment Due may also include amounts by which statement.The Minimum Payment Due will be any amount past due you exceed your Account credit line.However,it will never exceed plus the greater of: the New Balance.When we calculate the Minimum Payment Due, • $40; we may subtract from the New Balance certain fees added to your • 2%of the New Balance shown on your billing statement(plus Account during the billing period.The Minimum Payment Due is $40 if the New Balance includes a Balance Transfer balance);or rounded up to the nearest dollar. How We Apply Payments We apply payments and credits at our discretion,including in a billing period,we will generally apply amounts you pay that exceed manner most favorable or convenient for us.In all cases,we will the Minimum Payment Due to balances with higher APRs before apply payments and credits as required by applicable law.Each balances with lower APRs as of the date we credit your payment. INTEREST CHARGES How We Calculate Interest We calculate interest charges each billing period by first figuring • We make other adjustments(including those adjustments Charges—Daily Balance the"daily balance"for each Transaction Category.Transaction required in the"Paying Interest"section). Method(including current Categories include standard Purchases,standard Cash Advances How We Figure Your Total Interest Charges transactions) and different promotional balances,such as Balance Transfers. . We multiply the daily balance for each Transaction Category by How We Figure the Daily Balance for Each Transaction Category its daily periodic rate.We do this for each day in the billing period. • We start with the beginning balance for each day.The This gives us the interest charges for each Transaction Category. beginning balance for the first day of the billing period is your To get a daily periodic rate,we divide the APR that applies to the balance on the last day of your previous billing period. Transaction Category by 365. • We add any interest charges accrued on the previous day's daily • We add up all the daily interest charges.The sum is the total balance and any new transactions and fees,We add any new interest charge for the billing period. transactions or fees as of the later of the Transaction Date or How We Include Fees the first day of the billing period in which the transaction or fee We add Balance Transfer Fees to the applicable Balance Transfer posted to your Account. Transaction Category.We add Cash Advance Fees to the • We subtract any new credits and payments. applicable Cash Advance Transaction Category.We add all other fees to the standard Purchase Transaction Category, 2- INTEREST CHARGES Paying Interest When Interest Charges Begin the Payment Due Date shown on that billing statement,we will We begin to impose interest charges on a transaction,fee or not impose interest charges on new Purchases,or any portion of interest charge from the day we add it to the daily balance.We a new Purchase,paid by the Payment Due Date on your current continue to impose interest charges until you pay the total amount billing statement.New Purchases are Purchases that first appear you owe us.You can avoid paying interest on Purchases as on the current billing statement. described below.However,you cannot avoid paying interest on How We Apply Payments May Impact Your Grace Period Balance Transfers or Cash Advances. If you do not pay your New Balance in full each month,then, How to Avoid Paying Interest on Purchases("Grace Period") depending on the balance to which we apply your payment, If you paid the New Balance on your previous billing statement by you may not get a grace period on new Purchases. OTHER IMPORTANT INFORMATION Default You are in default if: • you fail to comply with the terms of this Agreement or any • you file bankruptcy or another insolvency proceeding is filed by Agreement with us or an Affiliate,including failing to make a you or against you; required payment when due,exceeding your Account credit line • we have a reasonable belief that you are unable or unwilling to or using your Card or Account for an illegal transaction, repay your obligations to us; If you are in default,we may declare the entire balance of your • you die or are legally declared incompetent or incapacitated; Account immediately due and payable without notice. Collection Costs If we use an attorney to collect your Account,we may charge you our legal costs as permitted by law.These include reasonable attorneys' fees,court or other collection costs,and fees and costs of any appeal. Merchant Disputes If you have a dispute with a merchant,you may request a credit to your Account.If we resolve the dispute in your favor,we will issue a credit to your Account.You assign to us your claim for the credited amount against the merchant and/or any third party.At our request,you agree to provide this assignment in writing. Automatic Billing You may set up automatic billing with a merchant.If your Account number or Card expiration date changes,you authorize us to provide this Arrangements updated information to any such merchant at our discretion.You must contact the merchant directly if you wish to stop automatic billing. Our Privacy Policy We send you our Privacy Policy when you open your Account and • how we safeguard its confidentiality and security; annually.Contact us or visit Discover.com if you would like a copy. • when it may be shared with others;and Please read it carefully.It summarizes: • how you can limit our sharing of this information. • the personal information we collect; Reporting to Credit We may from time to time review your credit,employment and If you believe that information we reported is inaccurate or Reporting Agencies income records.We may report the status and payment history of incomplete,please write us at Discover,PO Box 15316, your Account to credit reporting agencies and other creditors.We Wilmington,DE 19850-5316.Please include your name,address, normally report to credit reporting agencies each month. home phone number and Account number. Our Communications You agree that our personnel may listen to or record phone calls at your expense)to contact you about your Account or to offer you with You between you and our representatives without additional notice products or services that may be of value to you.If you prefer not to to you including calls we make to collect debts.We may use any be contacted in one or more of these ways,you must either call us medium permitted by law including mail,live telephone calls, at 1-800-DISCOVER(1-800-347-2683)or write to us at Discover, automated telephone equipment,prerecorded telephone calls, PO Box 30961,Salt Lake City,LIT 84130-0961.Please include your e-mail,text messages and calls to your cell phone(which may be name,address and Account number. Unauthorized Use You must notify us immediately if: • your Card is lost or stolen;or • you believe someone is using your Account or a Card without your permission. Cancellation of Your • You may cancel your Account.You will remain responsible for both of you will remain responsible for paying all amounts owed. Account any amount you owe us under this Agreement. • We may cancel,suspend or not renew your Account at any time • Any joint Accountholder may cancel a joint Account.However, without notice. -3- Purchases and Cash If you make a Purchase or Cash Advance in a foreign currency,we and currency in which the transaction is made.We use the rate Advances in Foreign will convert it to U.S.dollars using a rate we choose.This rate will in effect on the conversion date for the transaction.This rate may Currencies either be a government-mandated rate,a government-published be different than the rate in effect on the Transaction Date for the rate or the interbank exchange rate,depending on the country transaction. Governing Law This Agreement is governed by applicable federal law and by Delaware law. Severability If any part of this Agreement is found to be invalid,the rest of it will still remain in effect.However,if the Class Action Waiver in the "Arbitration of Disputes"section is invalidated in any proceeding in which you and we are involved,then the"Arbitration of Disputes"section will be void with respect to that proceeding. Enforcing this Agreement We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them. Assignment of Account We may sell,assign or transfer your Account or any portion of it without notice to you.You may not sell,assign or transfer your Account without first obtaining our prior written consent. CONTACT US Unless we tell you otherwise,you can notify us: When writing,please include your name,address,home phone by phone at 1-800 DISCOVER(1-800-341-2683)or number and Account number.You must contact us within 15 days • in writing to Discover,PO Box 30943,Salt Lake City,UT after changing your e-mail address,mailing address or phone 84130-0943. number. DEFINITIONS "Account"means your Discover card account. "Pricing Schedule"means the document entitled,"Pricing "Affiliate"means our parent corporations,subsidiaries and Schedule"which lists the APRs that apply to your Account and other affiliates. important information. "Authorized User"means any person you authorize to use your "Prime Rate"means the highest rate of interest listed asghe U.S. Account or a Card,whether you notify us or not. Prime rate in the Money Rates section of The Wall Street Journal on "Balance Transfer"means a balance transferred from another the last business day of the month. creditor to your Account. "Purchase"means the use of your Account to purchase or lease "Card"means any one or more Discover cards issued to you or goods or services at participating merchants. someone else with your authorization. "We,""us"and"our"refer to Discover Bank,the issuer of your "Cash Advance"means the use of your Account to: Card. • obtain cash from participating automated teller machines, "You,""your"or"yours"refer to you and any other persons) financial institutions or other locations; who are also contractually liable under this Agreement. purchase lottery tickets,money orders,casino chips,foreign "Transaction Date"means the date shown on your billing currency or similar items. statement for a transaction or fee. "Check"means any check we send to you to access your Account. ARBITRATION Agreement to arbitrate.If a dispute arises between CLASS ACTION WAIVER.ARBITRATION MUST BE ON Your Right to Go To Small Claims Court.We will not you and us,either may choose to resolve the dispute AN INDIVIDUAL BASIS.THIS MEANS NEITHER YOU choose to arbitrate any claim you bring in small claims by binding arbitration,as described below,instead of NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN court.However,if such a claim is transferred,removed in court.Any claim(except for a claim challenging the ARBITRATION BY OR AGAINST OTHER CARDMEMBERS, or appealed to a different court,we may then choose validity or enforceability of this arbitration agreement, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS to arbitrate. including the Class Action Waiver)may be resolved AS A REPRESENTATIVE OR MEMBER OF A CLASS OR Governing Law and Rules.This arbitration agreement by binding arbitration if either side requests it.This IN A PRIVATE ATTORNEY GENERAL CAPACITY. is governed by the Federal Arbitration Act(FAA). includes claims and disputes relating to any other Only a court,and not an arbitrator,shall determine Arbitration must proceed only with the American Account or agreement you have or had with us.THIS the validity and effect of the Class Action Waiver.Even Arbitration Association(AAA)or JAMS.The rules MEANS IF EITHER YOU OR WE CHOOSE ARBITRA- if all parties have opted to litigate a claim in court,you for the arbitration will be those in this arbitration TION,NEITHER PARTY SHALL HAVE THE RIGHT TO or we may elect arbitration with respect to any claim agreement and the procedures of the chosen arbitra- LITIGATE SUCH CLAIM IN COURT OR TO HAVE A made by a new party or any new claims later asserted tion organization,but the rules in this arbitration JURY TRIAL.ALSO DISCOVERY AND APPEAL RIGHTS in that lawsuit. agreement will be followed if there is disagreement ARE LIMITED IN ARBITRATION. -4- ARBITRATION between the agreement and the organization's A single arbitrator will be appointed.The arbitrator must: Survival of this Provision.This arbitration provision procedures.If the organization's procedures change •Follow all applicable substantive law,except when shall survive: after the claim is filed,the procedures in effect when contradicted by the FAA; • closing of your Account; the claim was filed will apply.For a copy of each •Follow applicable statutes of limitations; • voluntary payment of your Account or any part of it; organization's procedures,to file a claim or for other .Honor valid claims of privilege; • any legal proceedings to collect money you owe; information,please contact: •issue a written decision including the reasons for • any bankruptcy by you;and •AAA at 335 Madison Ave.,Floor 10,New York,NY the award. • any sale by us of your Account. 10017-5905,www.adr.org(phone 1-800-778-7879)or •JAMS at 620 Eighth Ave.,Floor 34,New York,NY The arbitrator's decision will be final and binding You May Have the Right to Reject Arbitration. 10018,www.jamsadr.com(phone 1-800-352-5267). except for any review allowed by the FAA.However, You may reject the Arbitration of Disputes section if more than$100,000 was genuinely in dispute,then but only if we receive from you a written notice If both AAA and JAMS are completely unavailable,and either you or we may choose to appeal to a new panel of rejection within 30 days of your receipt of if you and we cannot agree on a substitute,then either of three arbitrators.The appellate panel is completely the Card.You must send the notice of rejection you or we may request that a court appoint a substitute. free to accept or reject the entire original award or any to:Discover,PO Box 30938,Salt Lake City,UT Fees and Costs.If you wish to begin an arbitration against part of it.The appeal must be filed with the arbitration 84130.0938.Your rejection notice must include your us but you cannot afford to pay the organization's or organization not later than 30 days after the original name,address,phone number,Account number and arbitrator's costs,we will pay those costs if you ask us in award issues.The appealing party pays all appellate personal signature.No one else may sign the rejection writing.Any request like this should be sent to Discover, costs.The appellate panel may order that the loser of notice for you.Your rejection notice also must not PO Box 30421,Salt Lake City,UT 84130-0421.If you the appeal pay the winner's costs and attorneys'fees. be sent with any other correspondence.However,if lose the arbitration,the arbitrator will decide whether Any arbitration award maybe enforced(such as you previously had the chance to reject an arbitration you must reimburse us for money we advanced for you through a judgment)in any court with jurisdiction. agreement with us but did not,you may not reject it for the arbitration.If you win the arbitration,we will Other Beneficiaries of this Provision.In addition now.Rejection of arbitration will not affect your other not ask for reimbursement of money we advanced. to you and us,the rights and duties described in this rights or responsibilities under this Agreement or your Additionally,if you win the arbitration,the arbitrator bitratit lto:our Affiliates and our obligation to arbitrate disputes under any other account aron agreemenappy may decide that you are entitled to be reimbursed as to which you and we have agreed to arbitrate your reasonable attorneys'fees and costs(if actually and their officers,directors and employees;any third disputes.If you once sent us a rejection notice on a party co-defendant of a claim subject to this arbitration paid by you). provision;and all joint Accountholders and Authorized different account or card,you must send us a new Hearings and Decisions.Arbitration hearings will take Users of your Account(s). rejection notice or else this arbitration agreement will place in the federal judicial district where you live. apply to any disputes with us relating to your other accounts or cards. O O -5- Your Billing Rights: After we finish our investigation,one of two things will happen: Kee This Document For Future Use • If we made a mistake:You will not have to pay the amount in question P or any interest or other fees related to that amount. This notice tells you about your rights and our responsibilities under the •If we do not believe there was a mistake:You will have to pay the amount in Fair Credit Billing Act. question,along with applicable interest and fees.We will send you a statement What To Do If You Find A Mistake On Your Statement of the amount you owe and the date payment is due.We may then report you If you think there is an error on your statement,write to us at: as delinquent 9 you do not pay the amount we think you owe. Discover If you receive our explanation but still believe your bill is wrong,you must write to us PO Box 30421 within 10 days telling us that you still refuse to pay.If you do so,we cannot report you Salt Lake City,UT 84130-0421. as delinquent without also reporting that you are questioning your bill.We must tell you the name of anyone to whom we reported you as delinquent,and we must let those In your letter,give us the following information: organizations know when the matter has been settled between us. • Account information:Your name and account number. If we do not follow all of the rules above,you do not have to pay the first$50 of • Dollar amount:The dollar amount of the suspected error. the amount you question even if your bill is correct. • Description of problem:If you think there is an error on your bill, Your Rights If You Are Dissatisfied With Your Credit Card Purchases describe what you believe is wrong and why you believe it is a mistake. If you are dissatisfied with the goods or services that you have purchased with your credit You must contact us: card,and you have tried in good faith to correct the problem with the merchant,you may • Within 60 days after the error appeared on your statement. have the right not to pay the remaining amount due on the purchase. • At least 3 business days before an automated payment is scheduled,if you To use this right,all of the following must be true: want to stop payment on the amount you think is wrong. 1.The purchase must have been made in your home state or within 100 miles You must notify us of any potential errors in writing.You may call us,but if you do of your current mailing address,and the purchase price must have been we are not required to investigate any potential errors and you may have to pay the more than$50.(Note:Neither of these are necessary if your purchase was amount in question. based on an advertisement we mailed to you,or if we own the company What Will Happen After We Receive Your Letter that sold you the goods or services.) When we receive your letter,we must do two things: 2.You must have used your credit card for the purchase.Purchases made 1.Within 30 days of receiving your letter,we must tell you that we received with cash advances from an ATM or with a check that accesses your credit your letter.We will also tell you if we have already corrected the error. card account do not qualify. 2.Within 90 days of receiving your letter,we must either correct the error or 3.You must not yet have fully paid for the purchase. explain to you why we believe the bill is correct. If all of the criteria above are met and you are still dissatisfied with the purchase, While we investigate whether or not there has been an error: contact us in writin at: • We cannot try to collect the amount in question,or report you as Discover delinquent on that amount. PO Box 30945 •The charge in question may remain on your statement,and we may Salt Lake City,UY 84130-0945 continue to charge you interest on that amount. While we investigate,the same rules apply to the disputed amount as discussed above. •While you do not have to pay the amount in question,you are After we finish our investigation,we will tell you our decision.At that point,if we think you responsible for the remainder of your balance. owe an amount and you do not pay,we may report you as delinquent. • We can apply any unpaid amount against your credit limit. DESCRIPTION OF COVERAGE SCHEDULED AIR TRAVEL Discover®Cardmembers are provided with$500,000 Scheduled Air Travel Accident Insurance against Accidental Loss of Life arising ACCIDENT INSURANCE from and occurring on a Covered Trip while you,your Spouse,Domestic Partner or eligible Dependent Children for whom a ticket was purchased with your Discover card are riding as a passenger in or entering,exiting or being struck by a Scheduled Aircraft. SECONDARY RENTAL CAR COLLISION Discover®Cardmembers can benefit from the security and safety offered through Excess Collision Damage Waiver.If you rent a COVERAGE vehicle for 31 consecutive days or less(or 45 days under certain circumstances)with your Discover card,you may be eligible for benefits under this coverage. 2417 TRAVEL ASSISTANCE 2417 Travel Assistance provides Cardmembers and their families a wide range of free travel assistance benefits. For more information and a description of these plans,features,benefits,definitions,exclusions,and information on how to file a claim,please go to Discover.comlmybenefits or call 1-800-DISCOVER(1-800-347-2683). -6- DISC VER' Discover More Card Account number ending in 0805 Open Date:Apr 17,2014-Close Date:May 16,2014 Cardmember Since 2012 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $7,278.99 New Balance p„�. $7 320*92 Payments and Credits — $0.00 Minimum Payment Due* $584.00 Purchases + $0.00 Payment Due Date _ June 11,2014 Balance Transfers + $0.00 N .' *Includes past due amount of: $437.00 Cash Advances + $0.00 Fees Charged + $0.00 g Late Payment V1(6rntng:If we do not recti"ive your�minimum payment by the Interest Charged + $41.93 date listed above, u mayave"to pay a late fee.of'up to$35.00 and your New Balance $7,320.92 Purchase ond�b%-alancb,transferr APRs for new"ltansactions may be increased up to the PenaVPR'of 11.99%vonable. See Interest Charge Calculation section following the MinimumPoyment, arning If you make only the minimum payment each Transactions section for detailed APR information period"'you will pay more in interest qnd d will take you longer to pay off your Credit Line $9,000 balance Four exaYnple Credit Line Available $0 off t) tiCllt� gocthotaSai , Yt�u�Ntfl}�ayfie# fYtd��ou (led rf r 9� '� m T's`,�`" elf rl p 7fils er a�moch tt i I nce s d+yFj ila�s vying 5 eshmt totb r Cash Advance Credit Line $4,0007 , } ' Cash Advance Credit Line Available - Onlhe.minimum a ment 13 ears $9,741 You may be able to avoid interest on Purchases. If you woulike information about credit counseling services,call 1-800-347-1121. See reverse for details. ., s ,'REWARDS ,aFNew Cashback 8onus0 Anniversary Month September ry Opening Balance $ 0.00 "' Cashback Bonus This Period +$ 0.00 fperr FI 8OE> red\f°$core o'n 3/l;fi/14. � Redeemed This Period —$ 0.00 lyloe at D'ascover com/F10 Cashback Bonus Balance $ 0.00 IVTo 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. Account number ending in 0805 s t1'IeasartoioldfcparsT3trx:f t.basrer orn� ., 78fl( bt2b$3p Minimum Payment Due $584.00 I11�1�1'111i11111111'11111111111Jill i11111'111111'11'll'1111111'1 New Balance $7,320.92 Payment Due Date June 11,2014 TAMMI VOMERO Amount enclosed Is 4940 S WENDLER DR TEMPE AZ 85282-6320 PO BOX 29033 PHOENIX AZ 85038-9033 Phone and Internet payments must be received by SPM ET to be credited as of the some day. 11111111'll'I'1111111'I'11111.111II"III'1'IWl"11111111'1111'1 Address,e-mail or telephone changed?Note changes on reverse side. 000001986623639977078073209202502020058400 EXH I BIT B TAMMI VOMERO Account number ending in 0805 Open Date:Apr 17,2014-Close Date:May 16,2014 Page 2 of 4 Important Ihformation You must ensure that sufficient funds are available in your bank account,and See your Card member Agreement.Your Cardmember Agreement all transactions must comply with U.S.law. contains all the terms of your Account. You can set automatic payments for: (i)statement New Balance,(ii)statement Lost or stolen cards.Report immediately!Call 1-800-347-2683. 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 ff 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 u think herSalt Lake City,r o your statement, You must write to i within 60 on your monthly billing statement,your scheduled payment for that month days after the error op eared on your statement. You may call us,but if you Will be increased to cover the Minimum Pdymept"Due. If the scheduled do we are not required to investigate any potential errors,and you may have Payment is greater than the Min imum.Payme,�nt Due,any excess will be to pay the amount in question. The Billing Rights Notice further explains your applied in accordance with your Ca�dmembert,Agreement.If your scheduled payment is greater than the New,Balan on your billing statement,that rights. Please see your Card member Agreement or visit V https://discover.com/billingrights for a copy of this notice. payment will be processed on foQhe amount of your New Balance.Your automatic payment amount`ay be�(ess than the amount indicated on the billing statement based on crediis'aor payments the Close Date. 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 . t If yyou enroll by phone in our auto Nic payment service,p ease fill-in the Due Date.Send only your payment and the bottom portion o this statement followin blanks below and rets the a horizotion for our records. in the enveloppe provided after affixing postage. Payments sent without proper 9 � postage will be returned to the sender.Do not send cash. If you pay by Amount: ❑Full Pa check,you authorize us to use information on your check to make an / Y 4" ❑Mm Pavy ❑Mm Pay+$ electronic fund transfer from your account at the financial institution indicated ❑Other Amount$ Bank Routing,,#: on your check or toprocess the payment as a check transaction.If a payment is processed as an electronic fund transfer,the transfer will be for the amountBank Account ,,., ��;� 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 Monthly on the[IP menf Clue Date El Close Date as the some day we receive your payment,and you will not receive your ❑ bay of rAonih Psert date) check back from your financial institution. The processing of your payment may be delayed if you send cash,corres- Credit Reporting.Wmay po , Yinformaiion about your Account to credit pondence or other items with your payments,if you send the payment to any byreous�,Late ,aymenis, misse, d payments,or other defaults on your Account other address,or if you use an envelope other than the one provided. may be 6flectedln you` credit report.We normally report the status and Payments received in proper form at our processing facility by 5PM local"time' pay,nen. 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 f tat ourrr pYirt is inaccurate or incomplete,please write us at this at our processing facility after 5P local time will be credited to our Acco&t address:Discover.,PO Box 15316,Wilmington,DE 19850-5316.Please as of the next day. If you have misplaced your envelope,send,your payments inciudeyqurname address,home telephone number and Account number. to Discover,PO Box 6103,Carol Stream, IL 60197.6103.Ple"ose allow 7-TO � days for delivery. If your payment is returned unpaid,we.reserve lie right to P,cying(merest.Your due date is at least 25 days after the close of each resubmit it as an electronic debit.Payments made onlindKor by phone dl be 0141 g period(at least 23 days for billing periods that begin in February).We credited as of the day of receipt if made by 5 PM EasternN time. will not charge you any interest on Purchases if you pay your entire balance by the�`due date each month.We will begin charging interest on Cash You can pay your monthly Minimum Payment Due,or,aINgreateRamounf that Advances and Balance Transfers as of the later of the Transaction Date or the does not exceed your current Account balanceAover th"e ieleephone.,or ycu`con first day of the billing period in which the transaction posted to your Account. setup automatic payments through a customer service representative,by calling 1-800-347-2683.Automatic payments for the billingperiod shown � How We Calculate Interest Charges.We Use the Daily Balance Method on your statement will be deducted on the PaymenT66e Date shown on"thaF (including current transactions)to calculate the Balance Subject to Interest statement,or the next automatic payment date referred ia*"on your;siatement, Rate. For more information,please call us at 1-800-347-2683. unless you request a recurring payment dale(e�'g' the I_rh day,df "month) that occurs before your Payment Due Date or Close Date If your scheduled Balance Subject to Interest Rate. Your statement shows a Balance Subject payment date falls on a wee end or,bank holiday,your payment Al be to Interest Rafe. It shows this for each transaction category. The Balance Subject to Interest Rate is the average of the doily balances during the billing processed the businessdayprior4�the weekend or bit k holiday. In order to period. schedule monthly poyments y telephone you,will needdais statement and your bank account information.You'v✓ill be asked#o,provide the last four(4) Credit Balances. If your Account has a credit balance,the amount is shown digits of the social security number of the primary borr' er. By providing on the front of your billing statement. A credit balance is money that is owed those numbers as your electronic sjgnatu a you,will b0 greeing to this to you. You may make charges against this amount if your Account is open. authorization to allow us and your bank to'edu each payment you We will send you a refund of any remaining balance of$1.00 or more after authorize,in the amount selected by you,frornyour bank account.You also 6 months,or as otherwise required by applicable law,or upon request made authorize us to initiate debit or credit en ries to: your bank account,as to the address in the Contact Us section on page 3 of your billing statement. 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 Balance Transfers.Balance Transfers are offered at our discretion and Discover,PO Box 30421,Salt Lake City,UT 84130-0421;however,we must accrue interest at the standard purchase rate unless we tell you otherwise. receive notice at least three business days in advance of the scheduled Discover may monitor and/or record telephone calls between you and 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 DiscoverO card is issued by Discover Bank,Member FDIC. TL23N CHANGE OF ADDRESS If correct on front,do not use.Please print clearly in blue or black ink,in the space provided. Street Address Home Phone Work Phone City Email State,Zip To make changes to your address, email or telephone number, visit Discover.com Continued on next page DISC VER' Discover More Card Account number ending in 0805 Open Date:Apr 17,2014-Close Date:May 16,2014 Page 3 of 4 CONTACT US Web ® Mobile © Phone I sco ,` 0 Mail Payments Access your � Manage your 1-800-DISCOVER bascoe 0 vr Discover account securely account anytime, (1-800-347-2683) O Box 30943 PO Box 6103 at Discover.com anywhere at TDD 1-800-347-7449 Salt Lake City arol Stream m.Discover.com UT 1341301 60197-6103 Transactions Trans.Date Post Date Fees TOTAL FEES FO16 H'1,s PERIOD >„ $ 0.00 Interest Charged INTEREST CHARGE�N PbkZ HASPS $ 41.93 INTERESTICI-AAI 6`N CASH°ADVANCES 0.00 INTE�RST CHARG�E.,ON BALANCE®RAf4SfERS 0.00 TOTAL�II6EREST FOR THIS PERIOD 41.93 x� 2014 Totals Year-to-Date X T&AL FEES CHARGED IN 2014 $ 0.00 TOTAL INTERESTCHARGED IN 2014 $ 122.97 Interest Charge Calculation Your Annual Percentage Rate(APR)is the ars inter, -rate on our account. Current Billing Period:30 days , �` "ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE s (APR) INTEREST RATE INTEREST CHARGE Purchases6.99% $7,299.23 $41.93 'Cash Advances .99% $0.00 $0.00 V=Variable Rate ? ' r Information For You. .Me For more information about'how interest charges are calculated see your Cardmember Agreement or go to www.discover.com/interesicharges Your FICO®Credit Score is based orf"data from TransUnion and may be different from other credit scores. Discover and other lenders may use different inputs like a FICO®Credit Score,other credit scores and more information in credit decisions. If you prefer not to receive your FICO'Credit Score on your statement, just call us at 1-800-347-3085. Please give us two billing cycles to process your request. To learn more,visit Discover.com/FICO.Your FICO® score is provided for your own non-commercial personal review,use and benefit. FICO is a registered trademark of the Fair Isaac Corporation in the United States and other countries. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION TAMMI VOMERO Account number ending in 0805 Open Date:Apr 17,2014-Close Date:May 16,2014 Page 4 of 4 E ..4,AV'\\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW DISCOVER BANK, Plaintiff VS. Civil Action No. TAMMI VOMERO Defendant(s) PRAECIPE FOR ENTRY OF APPEARANCE rn To the Prothonotary: C:)C C -� Enter my appearance on behalf of Plaintiff. C-5 r� .�--, CD r Papers may be served at the address set forth below - DATE:August 11, 2014 ZWICKER&ASS CIATES, P. C Attorneys for Plaintiff A Law Firm Engaged in Debt Collection Jonathan P. Cawley, Esq PA Bar Id No. 79884 500 Office Center Drive, Suite 400 Ft. Washington, PA 19034 877-297-1183 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ILLE3 r iCE. SheriffTHE PROTHONOTAR•f ot ember Jody 2OSEP 1 2 PM 3:t+8 Richard W Stewart - CUMBERLAND COUNTY Solicitor OFfic: OF Ni, ,ERIFF PENNSYLVANIA Discover Bank vs. Tammi Vomero Case Number 2014-4814 SHERIFF'S RETURN OF SERVICE 09/05/2014 06:51 PM - Deputy Shawn Gutshall, 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: Tammi Vomero at 16 Hazelwood Court, Silver Spring Township, Mechanics urg, PA 17050. SHERIFF COST: $39.30 SO ANSWERS, September 08, 2014 (c) CounlySuite Sheriff, Teleoseft, c. RONNY R ANDERSON, SHERIFF