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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Discover Bank,
Through Its Servicing Agent,
DB Servicing Corporation
Plaintiff No:
vs.
COMPLAINT IN CIVIL ACTION
CLIFTON P GLASS
Defendant FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt,42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
09432971 C A Pit SJS
0
1o3.,75 PO AT7Y
?' /033y077
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Discover Bank,
Through Its Servicing Agent,
DB Servicing Corporation
Plaintiff
vs. Civil Action No
CLIFTON P GLASS
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, among other things,
the collection of delinquent accounts, marketing, application
approval, transaction approval, customer service, and billing. 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
account, which is the subject of this litigation.
4. Defendant is adult individual(s) residing at 720 N HANOVER ST APT
5 CARLISLE, PA 17013
5. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX3422
6. Defendant made use of said credit card and has a current balance
due of $3646.95 , as of October 31, 2011 .
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. Plaintiff is entitled to the addition of interest at the rate of
28.990% per annum on the unpaid balance from October 31, 2011 . A copy
of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111".
9. Although repeately 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, CLIFTON P GLASS INDIVIDUALLY , in the amount of $3646.95
with interest at the rate of 28.990% per annum from October 31, 2011
until date of judgment and costs.
ames
436
Pitt
(412
FAX:)
This law firm is a debt collector atte
our client and any information obtaine
WEINBERG & REIS CO., L.P.A.
enth Avenue, Suite 1400
rgh, PA 15219
34-7955
2-338-7130
432971 C A Pit SJS
ng to collect this debt for
11 be used for that purpose.
New Balance Minimum Payment Due
DISCOVER $0.00 $800.00 1
Payment Due Date
November 28, 2011
Account Number ending in 3422
Enter Amount Enclosed Below
$
31 SDSN6A01 0010688
CLIFTON GLASS Access and manage your account at
www.Discover.com or visit m.discover.oom
119 W HIGH ST on your mobile phone.
NEW BLOOMFLD PA 17068-9614
EXHIBIT
PO BOX 6103 ???nr??uus?lurrllrllnl
CAROL STREAM IL 60197-6103
Address, e-mail or telephone change?
Go to viww.Discover.com or print change in space above. I I I I I I I I III I II III I I II 11/V III 111111111 llr of 11, 111111
000001986458668656438000000000000000080000
Opening Date: October 24, 2011 - Closing Date: October 31, 2011
D'tscovec More Card Account Summary
[Account number ending in 3422
Previous Balance $3,646.95
Payments And Credits 3,646.95
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
Fees Charged + 0.00
Interest Charged + 0.00
New Balance $0.00
See Interest Charge Calculation section following
transactions for detailed APR information
Credit Line $3,000.00
Credit Line Available $0.00
Cash Advance Credit Line $800.00
Cash Advance Credit Line Available $0.00
page 1 of 2
Payment Information
New Balance $0.00
Minimum Payment Due $800.00
Payment Due Date November 28, 2011
Late Papmnt Warning: If we do not receive your minimum
payment by the date listed above, you may have to pay a late
fee of up to $35.00 and your purchase and balance transfer
APRs for new transactions may be increased up to the Penalty
APR of 29.99% variable.
_-Manage Your Account Online at www.Discover.com
• Securely access statements and free online tools, pay bills
online and track and view all transactions simply and easily
• Make your money worth more 5m-find easy ways to earn
and redeem cash rewards
• NEWI Access your account securely through your
mobile phone
It Easy Ways to Contact Us
Cashback BonuSe 1 Access your account securely at www,Discover.com
Anniversary Month 2. Call 1-800-DISCOVER (1-800.347-2683)
May Please have your Discovere'card available. Opening Cashback Bonus Balance $ 0.00 3. Write to us at Discover, PO Box 30943,
New Cashback Bonus This Period + Salt Lake City, LIT 84130 (Not a payment address)
0.00 For payments, please send to address on remittance or
Cash6wk Bonus Balance $ 0.00 Discover, PO Box 6103, Card Stream, IL 601 9 7-61 03
To learn more, log in at www.Discover.com For TDD (Telecommunications Device for the Deaf)
assistance, please call 1-800.347-7449.
Transactions
Date Post
Date
Payments and Credits Oct 31 Oct 31 INTERNAL CHARGE-OFF $ -3,646.95
Fees TOTAL FEES FOR TENS PERIOD $ 0.00
Interest dwrged TOTAL Kf ERW FOR THIS PERIOD $ 0.100
2011 Totals Year-to-Date
TOTAL FEES CHARGED IN 2011
TOTAL INTEREST CHARGED IN 2011
9432971
260.00
755.40
SEE REVERSE SIDE FOR IMPORTANT INFORMATION
DISCOVER o Sc vER ACTON GLASS
cc number ending in 3422
page 2 of 2
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Current Billing Period: 8 days
TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SSUIL ECT TO INTEREST CHARGE
Purchases 28.99% $0 $0
Cash Advances 28.99% $0 so
V = Variable Rate
Additional Fmporrant Information.
See your Cordmember Agreement. Your Cardmember Agreement contains all the terms of your Account.
Lost or stolen cards. Report immediately! Call 1-800-347-2683.
What To Do If You Think You Find A Mistake CM Your Statement
If you think there is an error on your statement, write to us at: Discover PO Box 30421 Salt Lake City, UT 84 1 34042 1
In your letter, give us the following information:
Account information: Your name and account number
Dollar amount: The dollar amount of the suspected error
ascription of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe
it is a mista-
You must contact us within 60 days after the error appeared on your statement.
You must notify us of any potential errors in?wrrfin You may call us, but if you do we are not required to investigate any
potential errors and you may have to pay the amount in question.
While we investigate whether or not there has been an error, the following are true:
We cannot try to collect the amount in question, or report you as delinquent on that amount.
The charge in question may remain on your statement, and we may continue to charge you interest on the amount. But, if
we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related
to that amount.
• While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
We can apply any unpaid amount against your credit limit.
Your Rights M You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried
in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount
due on the purchase.
To use this right, all of the following must be true:
I The purchase must have been made in your home state or within 100 miles of your current mailing address, and
the purchase price must have been more than $50. (Note: Neither of these ore necessary if your purchase was
based on an advertisement we mailed to you or if we own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a
check that accesses your credit card account do not qualify.
3. You must not yet have fully paid For the purchase.
IF all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:
Discover PO Box 30945, Salt Lake City, UT 84130-0945
While we investigate, the some rules apply to the disputed amount as discussed above. After we finish our
investigation, we will tell you our decision. At that point, if we think you owe an amount and you do rat pay we
may report you as delinquent.
Payments. You may pay all or part of your Account balance at any time. However, you must pay at least the Minimum
Payment Due by the Payment Due Date. Send only your ent and the top portion of this statement in the envelope
pprovided. Do rat send cash. By sending your check a37 scribed above, you authorize us to use information on your check
to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the
payment as a check transaction. If pa ant is processed as an electronic fund transfer, the transfer will be for the amount of
fhe check. When we use information From your check to make an electronic fund transfer Funds may be withdrawn from your
account as soon as the same day we receive your payment, and you will not receive your check back From your financial
institution.
Thee processing of your payment may be delayed if you send cash, correspondence or ocher items with your payment, iF you
send the payment to any other address or if you use an envelope other than the one provided. Payments received in proper
form at our processing facility by SPM local time on any d will be credited fo your Account as of that day. Paymenh
received at our processing Facility after SPM local time will credited to your Account as of the next day- Tf you have
misplaced your envelope, send your payment to Discover, PO Box 6103, Carol Stream, IL 60 1 97-6 1 03. Please allow 710
days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit.
You can pay your scheduled monthly payment or a renter amount that does not exceed your current Account balance over
the telephone or you can setup automatic Payments through a customer service representative by calling 1804347-2683.
Automatic payments will be deducted on the Payment Due Date unless you request a payment date that occurs before your
Payment Due Date. IF your scheduled payment date falls on a weekend or bank holiday, your payment will be processed the
business day prior to the weekend or bank holiday. In order to schedule monthly payments by telephone, you will need this
statement and your bards xcount information. You will be asked to provide the last Four (4) digits of the social security
number of the primary borrower By providing those numbers as your electronic signature, you will be agreeingto this
authorization to allow us and your bank to ddeedduct each payment you authorize, in the amount selected by you, ham your
bank account. You also authorize us to initiate debit or credit enfries to your bank account, as applicable, to correct an error
in the processing of such payment. You can cancel a scheduled payment by phone at 1-804347-2683 or by mail at
Discover, PO Box 30421, Sak Lake Cily, UT 8d 1340421, however we must receive notice at least three business days in
advance of the xheduled payment. If your Payments may vary in amount, we will tell you on each monthly statement when
well be made and how much t will be. You must ensure that sufficient funds are available in your bank account,
ions must comply with U.S. law. If your scheduled payment is not enough to cover the Minimum Payment Due
as listed on your monthly billing statement, you wilt be responsible Tor paying the difference. If the scheduled payment is
greater than the Minimum Payment Due, any excess will be applied in accordance with your Cardmember Agreement. Your
automatic payment amount may be less than the amount indicated on the periodic statement based on credits or payments
after the Closing Date.
If you enroll by phone in our automatic payment service, please fill-in the following blanks below and retain the authorization
for your records.
Amount ? Full Pay ? Min Pay ? Min Pay + $
Bank Routing
Bards Account
Frequency:
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER
fiedit Reporting. We may report inFormdion about your Account to credit bureaus. Late payments, missed payments, or
other dsfauhs on your Account maybe reflected in your credit ret?orF. We normatly report the status and payment history of
your Account to credit reporting agencies each month. IF u believe that our report is inaccurate or incompkb, please write
us d the (allowing address: Discover, PO $ox 15316, ilmington, DE 198545316. Please indicate your name, address,
home telephone number and Account number
iayig Merest We begin to impose Interest Charges on all transactions from the Transaction Date for the transaction shown
on your billing stdement, unless a transaction is posted to your Account after the close of the biking period in which it occurs,
in which case we begin to impose interest charges on that transaction from the first day of the billing period in which it is
posted to your Account. We continue to impose Interest Charges until the date you pay your entire New Balance shown on
your billing statement by making payments or receiving credits. If you paid the New Balance on your previous billing
statement by the Payment Due Dote shown on the billing stdement, we will not impose Interest Charges on new purchases,
that is, purchases first appearing on the current billing statement, or any portion of a new purchase, paid by the Payment Due
Date on your current billing statement. We call this the "grace period. It is not less than 25 days. There is no grace period
on balance transfers or cash advances. As more fully described in the section of your Cardmember Agreement titled "Mow
We Apply Payments," we generally apply payments to your Account based on the APR applicable to the balance of each
transaction category . This means that if you do not pay the New Balance on the current billing statement by the Payment Due
Date shown on that billing statement, then, depending on the amount of your payment and the APRs on other balances, you
may not get a grace period on new purchases.
Annual fee. If your Account has an annual fee, it will be billed at the be inning of each anniversary year your Account is
open- The amount of the fee appears on the statement when the fee is billed. The annual fee is not refundable unless you
notify us that you wish to close your Account within 30 days of the mailing or delivery date of the statement on which the fee
is billed. You will receive this refund even if you use your Card during that period.
Now We Calculate Interest Charges Daily Balance Method (including current transactions): We Figure Interest Charges for
each billing period. To do this:
We calculate your Interest Charges separately for each balance subject to different terms (For example, standard
purchases, standard cash advances and each purchase, balance transfer and cash advance balance subject to
promotional terms). We refer to these balances as transaction categories.
We figure the "daily balance" for each transaction category. To get the "daily balance" we take the beginning
balance for each day, add any new transactions and fees and any Interest Charges accrued on the previous day's
daily balance. We then subtract any credits and payments and make other adjustments (including those
achustments required in the section titled "Paying Interest"). In calculating the daily balance for the first day of the
billing period, we consider the "previous day's daily balance" to have been your balance on the last day of your
previous billing period- This gives us the daily balance for each transaction category.
We figure the Interest Charges on your Account by multiplying the daily balance for each transaction category by
its daily periodic rate, for each day in the billing period.
The total Interest Charges for the billing period are the sum of the daily Interest Charges for each transaction
category for each day during that billing period.
When we calculate doily balances, we add a new transaction as of the Transaction Date shown on your billing statement,
unless the transaction is posted to your Account after the close of the billing period in which it occurs, in which case the
transaction will be added to the daily balance as of the first day of the billing period in which it is posted to your Account. All
fees charged to your Account ore added to the standard purchase transaction category with the exception of Cash Advance
Fees which are added to the applicable cash advance transaction category and Balance Transfer Fees which are added to
the applicable balance tronsfer transaction category.
Cro& Balances. If your Account has a credit balance, the amount is shown on the front of your billing statement. A credit
balance is money that is owed to you. You may make charges against this amount if your Account is open. We will send
you a refund of any remaining balance of $1.00 or more after 6 months, or as otherwise required by applicable law.
For TDD (Telecommunications Device for the Deaf) assistance, please cal 1-800-347-7449.
Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance
purposes.
The Discover®card is issued by Discover Bank, Member FDIC O1TBK 172
9432971
Questions? Visit www.Discover.com or DISCOVER
ccl) 1-800-DISCOVER (1-800-347-2683).
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to
unworn falsifications to authorities, that she is Natasha Szczygiel. Legal Placement Account Manager
(Name) (Title)
of DB Servicing Corporation successor to DFS Services LLC servicing agent for Discover Bank,
(Company)
plaintiff herein, that she is duly authorized to make this Verification, and that the facts set forth in the
foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and
belief.
i
(Signature)
WWR# 9432971
Clifton P. Glass
6011002537553422
f `..: P JTNGNC TAR
20 12 MIAR 22 PIN 3: 05
WELTMAN, WEINBERG & REIS COWIMALAND COUNT'
BY: Sarah E. Ehasz P E N N S Y LVA N 14ttorney for Plaintiff(s)
I.D. No. 86469
436 Seventh Avenue 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
Fax: (412) 338-7130
File # 9432971 SEE/SJS
Discover Bank, Through Its Servicing Agent
DB Servicing Corporation
vs.
CLIFTON P GLASS
Cumberland County
Court of Common Pleas
No.: 12-481 CIVIL TERM
PRAECIPE TO DISMISS WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss the above matter without prejudice.
WELTMAN, WE1NB G IS CO., L.P.A.
By
Sarah E. Ehasz, Esquire
Attorney for Plaintiff
CLIFTON P GLASS
201 WOODLAND VIEW DR
YORK, PA 174063244