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Home My WebLink About14-6384 30402323 C A Pit SJS Supreme Coui,trof-Penns�,hania �i��vR# Co urE of Co o . eas - — --- -- --- CO�rerrSheet ForPmthoiwtany L%se Oxtt': fit, Docket'No: CUMBERLAND County r� The information collected on this form is used solely for court administration purposes. 77ris form does not supplement or replace the filing and ser0ce of'pleadings or other papers as required by low or rules of court. Commencement of Action: S 0 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 BINDER KAUR I C Are money damages requested? El Yes ❑ No Dollar Amount Requested: El within arbitration limits N (check one) E3outside arbitration limits Is this a Class Action Suit? ❑ Yes 13 No Is this an MI)J 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 ❑ Buyer Protection Administrative Agencies ❑ Malicious Prosecution X Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E [3 Product Liability(does not include ❑ Employment Dispute Mass tort) Discrimination C ❑ Siander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: I ❑ Other: O N MASS TORT ❑ Asbestos B ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort-DES ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ Toxic Tort—Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Toxic Waste ❑ Ground Rent ❑ Mandamus ❑ 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: i Updated 1/1/2011 CJ T I F DO 0 Ti"R' 2 L�7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: (Q VS . COMPLAINT IN CIVIL ACTION BINDER KAUR 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 30402323 C A Pit SJS 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS . Civil Action No BINDER KAUR 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 266 STONEHEDGE LN MECHANICSBURG, PA 17055 S . Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6190 . 6 . Defendant made use of said credit card and has a current balance due of $4040 . 66 . 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, BINDER KAUR, individually, in the amount of $4040 . 66 and costs . William T. olcza 7437 WELTMAN, WEINBERG REIS CO. , L.P.A. 436 7th Ave Ste 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-338-7130 WWR# 30402323 C A Pit SJS DISC VER Discover More Card Account number ending in 6190 Open Date:May 10, 2014-Close Date:Jun 9,2014 Cordmember Since 2004 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION I" Previous Balance $3,952.55 New Balance $4,040,66 1 Payments and Credits _ $Q.00 11Minimum Payment Due" Y $797.00 Purchases { $0.00 Payment Due Date July 4,2014 Balance Transfers $0.00 Cash Advances + $0.00 I 'Includes past due amount of: $688.00 Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $53.11 date listed above,you may have to pay a late fee of up to$35.00 and your New Balance $4,040.66 purchase and balance transfer APRs for new transactions may be increased up to j the Penalty APR of 25.24%variable. See Interest Charge Calculation section following the Transactions section for detailed APR information a;n interest and;t will take minimum payment ach Minimum Payment Warning: If you make only th ie ay _.._.._.._......._..._.....__..........._..._......... .........__.............................._..........__................................_............_.......... period,You will pay more ke you longer to pay off your Credit Line S5,500 P balance For example: Credit Line Available $0 11'y011m6ketiat7d&pnl.cltztrgt �"oG�t�lipoygNte AtrdYmtivtlltldvp .0 mq ftt ond each ntotttlt 661604 s}sown on tht5 pt�y{ng oo esfimeated#wtii_t I Cash Advance Credit Line $2,500vpq s}Q{ tttt abis{ Cash Advance Credit Line Available $0 j Only the minimum payment 1 13 years 58,058 You may be able to avoid interest on Purchases. If you would like information about credit counseling services,call 1-800-347-1121. j See reverse for details. J -- -; REWARDS -- ...._._... ........... r Anniversa Month Cashback Bonus® ryAugust Opening Balance $ 0.00 I Your FICO Credit Score on 6/3/14. New Cashback Bonus This Period + S 0.00 i f More at Discover.com Redeemed This Period –$ 0.00 Cashback Bonus Balance $ 0.00 To learn more,log in at Discover.com Make Check payable o Discover NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below,detach and return with your payment #payment05-upon, 0. PttyKlin f dy y P one Account number ending in 6190 Plegs ,4,n;:at fold.;,rlt or;stzr le. �'iseaVprtpm f X00 347? i83; P P Minimum Payment Due $797.00 lllil 'I1l;lillli;ll rl!�'I� " � �i�l�ll I New Balance $4,040.66 III II illi Payment Due Date July 4,2014 ._............._.............................................__............................_........_..........---......._._........................................ BINDER KAUR `$ 266 STONEHEDGE LN Amount enclosed_._.._............._.....__.....—._....._.... –. _. _. MECHANICSBURG PA 17055-7014 PO BOX 71084 CHARLOTTE NC 28272-1084 304023231 Internet 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 EX%ff 000001986457693760660040406600065000079700 _ 1 BINDER KAUR — _ Account number ending in 6190 Oen Date:May. Y ........... ....... ........ ...—.... ......... ......... ---. ..-..............-............................. 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 all the terms of your Account. You can set automatic payments for: (i)statement New Balance,(ii)statement Lost or stolen cards.Report immediatelyl 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 on 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 an time. billing statement based on credits or payments after the Close Date. However,you must pay at least the Minimum Payment Due by the Poymeni Due Date.Send onlyyour payment and the bottom portion of this statement If you enroll by phone in our automatic payment service,please fill-in the in the envelope provided 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 check,you authorize us to use information on your check to make an Amount: []Full Pay []Min Pay Min Pay+ $ electronic fund transfer from your account at the financial institution indicated 0 Other Amounts_; Bank Routing#: on your check or to process the payment as a check transaction.If a payment is processed as an electronic fund transfer,the transfer will be for the amount Bank Account# of the check.When we use information from your check to make an Monthly 0 electronic fund transfer,funds may be withdrawn from your account as soon Y on the Payment Due Date L Close Date as the some day we receive Your payment,and you will not receive your [� Day of month(insert dole) 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 resumed unpaid,we reserve the right to Paying Interest.Your due date is of 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 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, Rote. 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 Subiect 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 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 lost four(4) Credit Balances. If your Account hos 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 51.00 or more after authorize,in the amount selected by you,from your bank account.You also 6 months,or as otherwise required by applicable 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 concei a scheduled payment by phone at 1-800-347.2683 or by mail at Balance Transfers.Balance Transfers are offered 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 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 m m n monitor s for u monthly billing statement when your payment will be made and how much it P quality assurance purposes. will be. The Discover@ card is issued by Discover Bonk,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 ..—....---........_ ...._—._..I ---- - —........—.......—--.......—...... ---....._—.... I Work Phone _........---........—............-.........._..............._............—.......—..........--.......— ......---...................._....................._. L_..._...._.-.......—.._._........................._............__........--....__.............-_......__....... ... City � Email I 384UB23 F __ -- '� J 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 6190 Open Date:May 10,2014-Close Date:Jun 9,2014 Page 3 of 4 CONTACT US _ ...............__ --- ___ ..- _-------------- 0 Web Mobile Phone Inquiry Mail Payments Access your Manage your 1-800-DISCOVER Discover Discover 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 Soli Lake City Carol Scream m.Discover.com __ UT 84130 IL 60197-6103 , Transactions Trans.Date Post Date Fees Jun 4 Jun 4 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 53.11 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 53.11 2014 Totals Year-to-Date TOTAL FEES CHARGED IN 2014 S 210.00 TOTAL INTEREST CHARGED IN 2014 S 293.28 ......_._-......_.._..g.........._-...........---.........._......_.-_....._-._..........-._...........__.........__._............__.........._.......-- — ...__...........__............._.........-............_..............._.-..........—_.........__......._........_._.._..._...--.__.............._....... _......._. Interest Charge Calculation Your Annual Percentage Rote(APR)is the onnuol 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 01/29/2012 and after 20.24% V $383.52 $6.59 01/28/2012 and prior 15.24% V $3,594.67 $46.52 Cash Advances 23.99% 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 go to www.discover.com/interesichcirges FICO'Credit Score Terms The FICOO Credit Score we provide will never impact your credit score. Your FICOO Credit Score is based on data from TransUnion and may be different from other credit scores.This information is intended for and delivered to the Primary cardmembers only that have an available score and is available on the statement for individual accounts and on Discover.com for individual and joint accounts.Discover and other lenders may use different inputs like a FICOO 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-DISCOVER(1-800-347-2683). Please give us two billing cycles to process your request.To learn more,visit Discover.com.This benefit may change or end in the future. FICO is a registered trademark of the Fair Isaac Corporation in the United States and other countries. Cash,Cashier's Check,and Money Order Payments Toward Your Discover Account Discontinued at SearsO Effective July 1,2014,Discover cardmembers will no longer be able to make payments to their Discover account with cash,cashier's checks or money orders at Sears locations.Cardmembers may still make payments towards their Discover account via personal check at Sears locations,online at www.discover.com, by mailing us a personal check,cashier's check or money order,calling us at 1-800-DISCOVER(1-800-347-2683),or by sending us a cash payment from any Western Union location-Please note,additional fees may be charged by Western Union or the business issuing your money order or cashier's check. 30402323 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION BINDER KAUR _ Account number ending in 6140 Open Date:May 10,2014-Close Da.............................. Page.......... _ — 9....._.._........._...... 30402323 VERIFICATION 4 ame) (Title)J SUP Q1 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 104 (}— \ (Siature) BINDER KAUR DB Servicing Corporation servicing affiliate XXXXXXXXXXXX6190 For Discover Bank WWR# 30402323 C A Pit SJS SHERIFF'S��U�~��~�� OFFICE o��~~ OF CUMBERLAND COUNTY Ronny RAnderson / ��EU-OFFICF Sheriff ..e_ THE PROTHONOTARY Jody S Smith Chief Deputy 20nmuv 17 PH 3: 06 Richard VVStewart CUMBERLAND COUNTY Discover Bank vs. Binder Kaur Case Number 2014-6384 SHERIFF'S RETURN OF SERVICE 11806/2014 09:12 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Ekta Singh, Daughter, who accepted as "Adult Person in Charge" for Binder Kaur at 266 Stonehedge Lane, Upper AHen Township, Mechanicsburg, PA 17055. CHRISTOP R SHARPE, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, November 07, 2014 O 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) 434-7959 File # 30402323 WTM/SJS Attorney for Plaintiff(s) DISCOVER BANK vs. BINDER KAUR CUMBERLAND County Court of Common Pleas No.: 14-6384 CIVIL PRAECIPE TO DISMISS WITH PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter with prejudice . WELTMAN, WEINBERG & REIS CO., L.P.A. 11111111111111111111111111111111111111111111111111111111111111111 By W� William T. Molczan, FIquire Attorney for Plaintiff