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Home My WebLink About14-5877 r l Supreme Court,of.Pennsy-lvania NNIWR# 30349008 C A Pit SJS Coui rof Common Pleas 3�l oVerAhe t For Prrottronotan'Use Onh': rr. rP`�� CUMBERLAND :: {�, �� County KtL f Docker No: 9 J, The information collected on this form is used solely for court administration purposes. This form does not supplement or•replace the filing acrd ser-n,-ice ofpleadings or other papers as required by lata:or•rules of court. Commencement of Action: S [3 Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Declaration of Taking DISCOVER BANK C Lead Plaintiff's Name: Lead Defendant's Name: T JENNIFER MORRISON � I 0 Are money damages requested? ❑ Yes ❑ No Dollar Amount Requested: ® within arbitration limits (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes 13 No Is this an MDJ 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. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ uyer Protection Administrative Agencies ❑ Malicious Prosecution Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E ❑ Product Liability(does not include ❑ Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: I ❑ Other: O N MASS TORT ❑ Asbestos $ ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort-DES ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ Toxic Tort—Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Toxic Waste ❑ Ground Rent ❑ Mandamus ❑ Other: ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Retraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Waranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 1� NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody,partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage,Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions,Rules 1930.1 et seq. (vi) voluntary mediation in custody actions,Rules 1940.1 et seq. (2) At the commencement of any action,the parry initiating the action shall complete the cover sheet set forth in subdivision(e) and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a parry appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us. ZOA OCT pH 3� Cr IM13ER L4 PENNSY�.DA1�q4 Tr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: VS . COMPLAINT IN CIVIL ACTION JENNIFER MORRISON 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 30349008 C A Pit SJS ill � FV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No JENNIFER MORRISON 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, 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 265 WEBSTER ST CARLISLE, PA 17013 5 . Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7332 . 6 . Defendant made use of said credit card and has a current balance due of $6619 . 28 . A copy of Plaintiff ' s Statement is attached hereto, marked as Exhibit "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, JENNIFER MORRISON, individually, in the amount of $6619 . 28 and costs . William T. MolczAfi, 47437 WELTMAN, WEINBEIU & REIS CO. , L.P.A. 436 7th Ave Ste 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-338-7130 WWR# 30349008 C A Pit SJS DISC VER Discover More Card Account number ending in 7332 Open Date:Apr 14,2014-Close Date:May 13,2014 Cardmember Since 2012 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $6,477.01 New Balance $6,619.28 Payments and Credits – $0.00 Minimum Payment Due $1,072.00 i Purchases + $0.00 Payment Due Date June 8,2014 Balance Transfers + $0.00 *Includes past due amount of: $909.00 I Cash Advances + $0.00 Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the I Interest Charged + $107.27 I date listed above,you may have to pay a late fee of up to$35.00 and your 1 purchase and balance transfer APRs for new transactions may be increased up to New Balance $6,619.28 I the Penalty APR of 24.99%variable. See Interest Charge Calculation section following the Minimum Payment Warning: If you make only the minimum payment each Transactions section for detailed APR information I you will __.._...._............._.._.........._....._..........—.....__.........__............_...........__._......_.............._........_._._....—. Period,y pay more in interest and it will fake you longer to pay off your I Credit Line $7,000 balance.For example: I ._ Credit Line Available $0 fyop:maketre ddthpncilrhtlt es Ytxtave�lpdyaffl., Arrd riirvnllgncl>3t Cash Advance Credit Line $3,000 .j Ind #�tkco lat,deacfrrt Eiakar�c shi�wrtonthis yr+g:strtesfiratol�d3otti Cash Advance Credit Line Available $0 Onlythe minimum payment 23 ears $19,979 You may be able to avoid interest on Purchases. If you would like information about credit counseling services,call 1-800-347-1121, 1 See reverse for details. I 1 REWARDS _........--............__......_..........__............__............._......_._..........._-------._........ ................................., �.........._.._........_.. ____..._.__.. Anniversary Month } Cashback Bonus@ November 566 I1 Opening Balance $ 0.00 Your FICO°Credit Score on 3/7/14. New Cashbock Bonus This Period + $ 0.00 Redeemed This Period _$ 0.00 More at Discover.com/FICO Cashback Bonus Balance $ 0.00 To learn more,log in at Discover.com Make Check payable fo Discover NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below,detach and return with your payment GIYt@I1I1fSh > L1nlleCy 13�P1Clh� f Account number ending in 7332 orf ch _.. _ ... .._. . _... _._.. _ .... _._. ...,. ... ._, , .. . . Minimum Payment Due $1,072.00 1j1"'1111"1'1'11'1111'II'IIIIII;iII'IIIIIIIIII IIIlliiillilli New Balance $6,619.28 Payment Due Date June 8,2014 JENNIFERMORRISON .................._._..........._._..._......--.......__.............__........-...................-........_..............__..........._._.. 265 WEBSTER ST Amount enclosed CARLISLE PA 17013-2027 _.__.........._............._.__..........__........—......_..._.._.. ..._ PO BOX 71084 CHARLOTTE INC 28272-1084 3034900&Internet payments must be received by 5PM ET to be credited as of the some day iilluulllillllll liilllll'lllllli'lil'illlilil11111111111'll Address,e-mail or telephone changed?Note changes on reverse side 000001986833869527085066192800155530107200 �f -EXHIBIT JENNIFER MORRISON _ _ Account number ending in 7332 Open Dote_Apr 14, 2.014-Close Date:May 13,2014 Page 2 of 4 Important Information You must ensure that sufficient funds are available in your bank account,and See your Cardmember Agreement.Your Cardmember Ag reement all transactions must comply with U.S. low. 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 If you think there is an error on your statement,write to us at: Discover,PO amount"payment is not enough to cover the Minimum Payment Due as listed Box 30421,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 call 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/billingHghts 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 anytime. 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 paymentandthe bottom portion of this statement followin blanks below and retain the authorization for our records. in the envelope provided after affixing postage.Payments sent without proper 9 Y postage will be returned to the sender.Do not send cash. If you pay by Amount: Full Pa []Min Pa Min Pay+check,you authorize us to use information on your check to make on Y Y - Y S electronic fund transfer from your account at the financial institution indicated U Other Amouni$ Bank Routing#: on your check or toprocess 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 y Monihl on the Q Payment Due Date'L 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 [] 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 on electronic debit. Payments made 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 dote 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 coiling 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 Subied 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 Subjed to Interest Rate 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$1.00 or more after authorize,in the amount selected by you,from your bank account.You also 6 months,or as otherwise required by applicable low,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 concel a scheduled payment by phone at 1-800-347.2683 or by mail at Balance Transfer.Balance Transfers are offer9d of 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 fell 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 i If correct on front,do not use.Please print clearly in blue or black ink,in the space provided. jStreet Address Home Phone Work Phone i ......__............–..........__........_....._......-_................_._.............._.............. — —�City Email I l 3 34 '$08 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 7332 Open Date:Apr 14,2014-Close Date:May 13,2014 Page 3 of 4 CONTACT US . .__ --....__ _ .___ __...___ ._ _ _ --..........................................---............_._...._......._-............_......._....._............_._.........__.....__....._..............__._........._............---........_._......_.........__...........---............_.........._, f Web Mobile Phone Inquiry Mail Payments Access 0 your Manage your 1-800-DISCOVER Discover Discover 0 0 0 account securely account anytime, (1-800-347-2683) PO Box 30943 PO Sox 6103 a1 Discover.comanywhere at TDD 1-800-347-7444 Solt Lake City Carol Scream I,,-- m.Discover.com UT 84130 IL 60197-6103 Transactions Trans.Date Post Date Fees May 8 May 8 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 107.27 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 107.27 2014 Totals Year-to-Date TOTAL FEES CHARGED IN 2014 $ 175.00 TOTAL INTEREST CHARGED IN 2014 5 236.50 .......__....—_......__............__.........__............_..........—_...._._........... ........_..----....---........_...............-.....----..........---._..._........._........._..__............_..........__._........__..—_..._.............._._........__.........---._....._..............__........---.---......._.. Interest Charge Calculation Your Annual Percentage Rate(APR)is the annual interest rate on your account. Current Billing Period:30 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 19.99% V $6,528.70 $107.27 Cash Advances 24.99% V $0.00 $0.00 V=Variable Rate Information For You For more information about how interest charges are calculated see your Cardmember Agreement or gr>towww.discover.com/interestcharges Your FICO'Credit Score is based on 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. 30349008 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION JENN9FER MORRISON _ _ Account number endin0 in 7332 Open Date:Apr 1.4,_2014-Close Date:May 13,2014 Page 4 of 4 30349008 VERIFICATION , 1 (Name) (Titl ) 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 f I ignature) JENNIFER MORRISON �C( V"/* DB Servicing Corporation servicing affiliate XXXXXXXXXXXX7332 For Discover Bank WWR# 30349008 C A Pit SJS Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FiLEO-OFFICE OF THE PROTHONOTARY 0 ember/0,4) 2014 OCT 13. AM Id:, 0:7 6UMBER1AND COUNTY PENNSYLVANIA OFFICE OF THE SHERIFF Discover Bank vs. Jennifer Morrison Case Number 2014-5877 SHERIFF'S RETURN OF SERVICE 10/07/2014 04:33 PM - Deputy Jamie DiMartile, 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: Jennifer Morrison at 265 Webster Street, Carlisle Borough, Carlisle, PA 17013. IE DIMARTILE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, October 08, 2014 RONN'Y R ANDERSON, SHERIFF (c) CountySuila Shenfr, Teleosoft, Inc. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire I.D. No. 47437 436 7th Ave Ste 2500 Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File # 30349008 WTM/SJS Attorney for Plainiif (s);. DISCOVER BANK vs. JENNIFER MORRISON CUMBERLAND County Court of Common Pleas No.: 14-5877 CIVIL PRAECIPE TO DISMISS WITH PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter with prejudice . WELTMAN, WEINBERG & REIS CO., L.P.A. William T. Molczan, Es re Attorney for Plaintiff 111111111111 I I I 11111111111111111111111111111111111111111111111111