HomeMy WebLinkAbout14-5871 Supreme Court-0-Pennsylvania NVIA 0 30351430 C A Pit SJS
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CUMBERLAND ''t C011II11 Docket No:
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The information collected on this form is used solely fol' court administration puiposes. This forin does not
supplement or replace the filing and sen-ice of pleadings or other papers as required bill lain or rules ofcourt.
Commencement of Action:
S a Complaint ❑ Writ of Summons ❑ Petition
B Transfer from Another Jurisdiction Declaration of Taking
C DISCOVER BANK
Lead Plaintiff s Name: Lead Defendant's Name:
T LORETTA A HOOKER
I
0 Are money damages requested? @ Yes ❑ No Dollar Amount Requested: ® within arbitration limits
N (check one) ❑ outside arbitration limits
Is this a Class Action Suit? ❑ Yes Q No Is this an NWJ Appeal? ❑ Yes W No
A
William T. Molczan, 47437
Name of Plaintiff/Appellant's Attorney:
❑ 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.
i
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
❑ Intentional ;"Debt
uyer Protection Administrative Agencies
❑ Malicious Prosecution 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 ❑ Product Liability(does not include [3 Employment Dispute
Mass tort) Discrimination
C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board
T 13 Other: 13Other:
1 ❑ 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
❑ Other: ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations
❑ Mortgage Foreclosure:Residential Retraining Order
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PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other:
❑ Dental ❑ Other:
❑ Legal
❑ Medical
❑ Other Professional:
Updated 1/1/2011.
CF
NO J'A
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2014 OCT e3 PH 3: 05
CUMBERL„! D COUNTY�'E��NSYLVA1;1A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: So
VS .
COMPLAINT IN CIVIL ACTION
LORETTA A HOCKER
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 2500
Pittsburgh PA 15219-1842
(412) 434-7955
FAX: 412-338-7130
30351430 C A Pit SJS
0,
03 7.1,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
. Plaintiff
VS . Civil Action No
LORETTA A HOOKER
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, youu 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, 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 1804 SILVER PINE
CIR MECHANICSBURG, PA 17050
5 . Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX7126 .
6 . Defendant made use of said credit card and has a current balance
due of $11899 . 18 . A copy of Plaintiff ' s Statement is attached hereto,
marked as Exhibit 11111 .
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, LORETTA A HOCKER, individually, in the amount of $11899 . 18
and costs .
William T. lcza 47437
WELTMAN, WEINBE REIS CO. , L.P.A.
436 7th Ave Ste 2 00
Pittsburgh PA 15219-1842
(412) 434-7955
FAX: 412-338-7130
WWR# 30351430 C A Pit SJS
DISC VER Discover More Card
Account number ending in 7126
Open Date:Mar 10,2014-Close Date:Apr 9,2014
Cordmember Since 2010
Page 1 of 4
ACCOUNT SUMMARY PAYMENT INFORMATION
Previous Balance $11,793.65 New Balance $11,899.18
Payments and Credits — $0.00 Minimum Payment Due $1,848.00
Purchases + $0.00
Payment Due Date May 4,2014
Balance Transfers + $0.00 'Includes past due amount of: 51610.00
Cash Advances + $0.00
Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the
Interest Charged + $70.53 date listed above,you may have to pay a late fee of up to$35.00 and your
New Balance $11,899.18 purchase and balance transfer APRs for new transactions may be increased up to
the Penalty APR of 15.99%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 $11,400 balance.For example:
Credit Line Available 50 opt ak4tro1
€4, A ;4;1wilfenr�atp
Cosh Advance Credit Line $3,800stttgt(itXc�ifdgrtideoctthidn}la bblances}#o�vtlan#Ss: inj:±jtFesfrrtal8l�rt(i
yrfirpay,. `:;slalemenl'nt�abodf.,. crF.
Cash Advance Credit Line Available SO Only the minimum payment 1 19 ears $19,487
You may be able to ovoid interest on Purchases. If you would like informotion about credit counseling services,call 1-800-347-1121.
See reverse for details.
REWARDS
Cashback Bonus® Anniversary Month
57^ October
LOpening Balance $ 0.00
Your FICO Credit Score on 3/4/14. New Cashback Bonus This Period + S 0.00
More of Discover.com/FICO Redeemed This Period —S 0.00
Cashback Bonus Balance $ 0.00
Please make check payable to Discover. You are overlimit. To learn more,log in at Discover.com
Pay the sum of the Minimum Payment Due plus the remaining
overlimit amount of 5499.18.
Make Check payable to Discover NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION
Please fold on the perforation below,detach and return with your payment ,
Pajrme[nttslp6n, ftft
/�Fillfle ids/ }/P1�Oil Account number ending in 7126
P1e�sed nSt fold efip ar sfrrlrJtscover cf5rr�: f (Q3d�X683 Minimum Payment Due $1,848.00
Iliillll��ll��ll�' IIllI11111111111111111111111111lit 1111 1111 New Balance 511,899.18
Payment Due Date May 4,2014
LORETTA A HOCKER
1804 SILVER PINE CIR Amount enclosed
MECHANICSBURG PA 17050-8506
PO BOX 71084
r /� CHARLOTTE NC 28272-1084
30354 "01Internet 'lllll�l�l�ll��l�'I",1111111111111111111111,III
payments must be received by SPM ET to be credited as of the same day
Address,e-mail or telephone changed?Note changes on reverse side 4 � �
000001986623657447525118991800265000184800 \
LORETTA A'HOCKER Account number ending in 7.126 Open Date:Mar 10,2014-Close Date:A r 9,2014 Page 2 of 4
_..... ..._.__.., ........ _._. --.. .. . ..... ...._P....._.__......................._.....................
Important Information You must ensure that sufficient funds are available in your bank account,and
See your Cardmember Agreement.Your Cardmember Agreement all transactions must comply with U.S. law.
contains oil 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 Da If You Think You Find A Mistake On Your Statement dollar amount,or(iv)Other dollar amount. If your scheduled''Other dollar
Discover,PO amount' payment is not enough to cover the Minimum Payment Due as listed
If you think there is an error on your statement,write to us t
Box 30421,Solt 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 toll us,but if you will be increased to cover the Minimum Payment Due. If the scheduled
do we are not required to investigate any potential errors,and you may have payment is greater than the Minimum Payment Due,any excess will be
to pay the amount in question. The Billing Rights Notice further explains your applied in accordance with your Cardmember Agreement.If your scheduled
rights. Please see your Cardmember Agreement or visit payment is greater than the New Balance on your billing statement,that
https://discover.com/billingHghis 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 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 If you enroll by phone in our automatic payment service,please fill-in the
Due Date.Send only your paymentand the bottom portion of this statement
in the envelope provided after affixing postage.Payments sent without proper following blanks below and retain the authorization for your records.
postage will be returned to the sender.Do not send cash. If you pay by Amount: Full Pay n Min Pay 'Min Pay+ $
check,you authorize us to use information on your check to make an —
electronic fund transfer from your account at the financial institution indicated U Other Amount$ Bank Routing#:
on your check or to process the payment as a check transaction.If a payment Bank Account#
is processed as an electronic fund transfer,the transfer will be for the amount
of the check.When we use information from your check to make an Monthly on the Payment Due Date I !Close Date
electronic fund transfer,funds may be withdrawn from your account as soon
as the some day we receive Your payment,and you will not receive your L1 Day of month(insert date)
check back from your financial institution.
The processing of your payment may be delayed if you send cash,corres- Credit Reporting.We may report information about your Account to credit
pondence or other items with your payments,if you send the payment to any bureaus.Late payments,missed payments,or other defaults on your Account
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 this
at our processing facility after 5PM local time will be credited to your Account address:Discover,PO Box 15316,Wilmington,DE 19850-5316.Please
as of the next day.If you have misplaced your envelope,send your payment include your name,address,home telephone number and Account number.
to Discover,PO Box 6103,Carol Stream,IL 60197.6103.Please allow 7.10
days for delivery.If your payment is returned unpaid,we reserve the right to Paying Interest.Your due date is at least 25 days after the close of each
resubmit it as an electronic debit. Payments mode online or by phone will be billing 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 Eastern 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 a greater amount that Advances and Balance Transfers as of the later of the Transaction Date or the
does not exceed your current Account balance,over the telephone or you can 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 billing period shown How We Calculate Interest Charges.We Use the Daily Balance Method
on your statement will be deducted on the Payment Due Date shown on that (including current transactions)to calculate the Balance Subject to Interest
statement,or the next automatic payment date referred to on your statement, Rate. For more information,please call us at 1-800-347-2683.
unless you request a recurring payment date(e.g.,the 15"day of the month)
that occurs before your Payment Due Date or Close Date.If your scheduled Balance Subl'ect to Interest Rate. Your statement shows a Balance Subject
payment date falls on a weekend or bank holiday,your payment will be to Interest Rafe. It shows this for each transaction category. The Balance
processed the business day prior to the weekend or bank holiday.In order to Subject to Interest Rote is the average of the daily balances during the billing
schedule monthly payments by telephone,you will need this statement and period.
your bank account information.You will be asked to provide the last four(4) Credit Balances. If your Account has a credit balance,the amount is shown
digits of the social security number of the primary borrower.By providing on the front of your billing statement. A credit balance is money that is owed
those numbers as your electronic signature,you will be agreeing to this to you. You may make charges against this amount if your Account is open.
authorization to allow us and your bank to deduct each payment you We will send you a refund of any remaining balance of S1.00or more after
authorize,in the amount selected by you,from your bank account.You also 6 months,or as otherwise required by applicable law,or upon request made
authorize us to initiate debit or credit entries 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 offer d 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 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 black ink,in the space provided.
1
Street Address Home Phone
_—..-------- ...— ....--........—..._—.__, �..._—_....- _..... ---- —--- __.....--._.....---
Work Phone
City Email
36IM430
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 7126
Open Date:Mar 10,2014-Close Date:Apr 9,2014
Page 3 of 4
CONTACT US
Web Mobile Phone Inquiry Mail Payments
Access your Manage your 1-800-DISCOVER Discover Discover
0 0
account securely account anytime, (1-800-347-2683) PO Box 30943 PO Box 6103
at Discover.com anywhere at TDD 1-800-347-7449 Salt Lake City Carol Stream
m.Discover.com _ _ UT 84130 IL 60197_6103
Transactions
Trans.Date Post Date
Fees Apr 4 Apr 4 LATE FEE $ 35.00
TOTAL FEES FOR THIS PERIOD 35.00
Interest Charged INTEREST CHARGE ON PURCHASES $ 70.53
INTEREST CHARGE ON CASH ADVANCES 0.00
INTEREST CHARGE ON BALANCE TRANSFERS 0.00
TOTAL INTEREST FOR THIS PERIOD 70.53
2014 Totals Year-to-Date
TOTAL FEES CHARGED IN 2014 S 140.00
TOTAL INTEREST CHARGED IN 2014 S 269.69
_..... -......._._........._.......—_........_.._............._........................__.........._.._...........__.............._._........_........__......_.—_._...— ........ ........_._.........._.__..........._....._.......—........_._.............- ......__............_...._.........---........_..........._-......__..........__.
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 10.99% V $6,947.56 $64.86
Expired Promotional Purchases
Usg 3.9%for 6 months 10.99% V $608.15 $5.67
Cash Advances 23.99% V $0.00 50.00
Balance Transfers 0.00% $4,272.00 $0.00
V=Variable Rate
Information For You
For more information about how interest charges are calculated see your Cardmember Agreement or go to www.discover.com/interestchoroes
Your FICOP Credit Score is based on doto from TransUlnion and may be different from other credit scores.Discover and other lenders may use different
inputs like a FICOq Credit Score,other credit scores and more information in credit decisions.If you prefer not to receive your FICOe 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 FICOI�
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.
30351430
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
LORETTA A'HOCKER _ Account number endinn in 7126 Open Date:Mar 10,2014_Close Date:Apr 9,201 4 Page4 of 4
30351430
J t
VERIFICATION
11 49 fe Y 1
(Name) (Ti e)
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, 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 1
Signature)
LORETTA A HOOKER �wV � bC�� '�''�-�Y
B Servicing Corporation servicing affiliate
XXXXXXXXXXXX712 6 For Discover Bank
WWR# 30351430 C A Pit SJS
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deuty
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
~
�./
01 Cumber
GouW°
CA WA\N
Discover Bank
VS,
Loretta A Hocker
Case Number
2014-5871
SHERIFF'S RETURN OF SERVICE
1010/2014 12:00 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Loretta A Hocker, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not
Found" at 1804 Silver Pine Circle, Hampden, Mechanicsburg, PA 17050. Deputies were advised by
current resident that the defendant is in the hospital and does not reside at this address but is believed to
reside iwth her mother. To this date, November 5, 2014 the Mechanicsburg Postmaster has not been
able to provide a good forwarding address.
SHERIFF COST: $44.30 SO ANSWERS,
November 05, 2014 RONNYRANDERSON, SHERIFF