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HomeMy WebLinkAbout12-1038FILED-OFFICE OF THE Pr OTHONOTAR"," 2012 FEB 17 PM 1: D 2 CUMBERLAND COUNT`` PENNSYLVANIA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff No: aOf;a- lb3$ Cil?? vs CAROLYN L HAVENAR COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 09464418 C A Pit SJS avik* X103.-7 5 L+ k.ll? (p3loai a ? ?#a? i aoc? 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 CAROLYN L HAVENAR 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 929 HAMILTON ST CARLISLE, PA 17013 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7392 . 6. Defendant made use of said credit card and has a current balance due of $17236.48 , as of November 30, 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 19.2406 per annum on the unpaid balance from November 30, 2011 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 1111 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, CAROLYN L HAVENAR INDIVIDUALLY , in the amount of $17236.48 with interest at the rate of 19.240% per annum from November 30, 2011 until date of judgment and costs. William T. Mo an,47437 WELTMAN, WEINB G & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 09464418 C A Pit SJS This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. DISCOVER New Balance L Minimum Payment Due Account Number ending in 7392 $0.00 $2,846.11 Enter Amount Enclosed Below Payment Due Date $ December 25, 2011 30 SDSN6A01 0001658 CAROLYN HAVENAR Access and manage your account at `^ 929 HAMILTON ST ww.Di?er.comorvisit m.discover.com on your mobile phone. CARLISLE PA 17013-1526 PO BOX 6103 Ill?rrflrrrrrllrllurlurll CAROL STREAM IL 60197-6103 ???1 .acdress, rrmod or :eie r•cna ci+an e? ? ? I;;J1111111 liIIJ>>L ,lull„.„liil?? it ll?? ?,il ,l„!1 Go 'o www.Discoveacom or print change in space above. 000001986453408397138000000000000000264611 Opening Date: November 18, 2011 - Closing Date: November 30, 2011 Discover More Card Account Summary I Account number ending in 7392 Previous Balance $17,236.48 Payments And Credits 17,236.48 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 $15,600.00 Credit Line Available $0.00 Cash Advance Credit Line $7.900.00 Cash Advance Credit Line Available $0.00 Opening Cashback Bonus Balance New Cashback Bonus This Period Cashback Bonus Balance To learn more, log in at www.Discover.com Anniversary Month October $ 0.00 + 0.00 -- $-- 0.00 page 1 of 2 Payment Information New Balance $0.00 Minimum Payment Due $2,846.11 Payment Due Date December 25. 2011 Late Payment 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 24.24% 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 moresm -find easy ways to earn and redeem cash rewards • NEWT Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1 Access your account securely at www.Discover.com 2. Call 1-800-DISCOVER (1-800-347.268Please have your Discover® card available, 3. Write to us at Discover, PO Box 30943, Salt take City, LIT 84130 (Not a payment address) For payments, please send to address on remittance or Discover PO Box 6103, Carol Stream, It 60 1 97-6 1 03 For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449 Transactions Trans. Past Dale Date Payments and Cmdils Nov 30 Nov 30 INTERNAL CHARGE-OFF $ 17,236.48 Fees TOTAL FEES FOR THIS PERIOD $ 0,00 Interest Charged TOTAL OMEST FOR THIS PERIOD $ 0,00 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 $ 340.00 TOTAL INTEREST CHARGED IN 2011 2,787.34 9464418 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISCOVER L tt pays to CAROLYN HAVENAR Tf?SL )VF jt Account number ending in 7392 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 13 days TYPE Of BALANCE Purchases Cash Advances V = Variable Rate ANNE ARPERCENTAGE INTEREST SUBJECT TO MEREST CHARGE 19.24% V $0 $O 22.99% $O s0 Additional Important Information ee your Cardmember Agreement. Your Cordmember Agreement cortcins ail the -erms :i oar,-!count. Lost or stolen cards. Report immediately! Call 1800-347-2683. What To Do If You Think You Find A Mistake On 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 30-042 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 Filn- "ion 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 mists ce. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in wrhin . 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 that amount. But, if we determine shat 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 Riahts If You Are Dissatisfied Wdh Your Credit Card Purcilrases If you are dissatisfied with the goods or rvices that you have purchased with your credit card, and you have tried in good faith to correct the problem withsethe 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: 1 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 are 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. 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, Soh 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 not 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 P ayment e by the Payment Due Date. Send only your payment and the top portion of this statement in the envelope p rovided. Do not send cash. By sending your check as dexribed 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 ment i s processed as an electronic Fund transfer, the transfer will be for the amount of the check. When we use information from your check to ma ke an elechonic fund transfer funds may be withdrawn From your cou tufio a soon as the same day we receive your payment , and you will not receive your check back from your financial insti The processing oI your payment maybe delayed if you send cash, correspondence or other items with your payment, if you send the payment o an other address or iF you use an envelope other than the one provided. Payments received in proper form at our processing facility by SPM I«d fime on any d will be credited b your Account as of that day. Payments received at our processing facility after 5PM local time will credited to your Account as of the next day. If you have misplaced your envekspe, send your payment to Discover PO Box 6103 Card Stream, It 60 1 97-6 1 03. Pkease allow 710 days For delivery. If your payment is renamed unpaid, we reserve the rig?it to resubmit it as an electronic debit. You can pay your scheduled monthly payment or a neater 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 1-800-347-2683. Automatic pa ments will be deducted on the Payment Due Date unless you request apa yment 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 bank account 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 deduct each payment you authorize, in the amount selected by you, Gam your bank account. You also authorize us to initiate debit or credit entries 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 1-800-347-2683 or by mail at Discover PO Box 30421, SaR Lake City, UT 84130.042 1, however we must receive notice at least three business days in advance of the scheduled payment. If your payments may vary in amount, we will tell you on each monthly statement when ?y?vill be made and how much it will be. You must ensure that sufficient funds are available in your bank accouNorir{"all transactions 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 will be responsible for paying the difference. If the scheduled payment is greater than the Minimum Payment Due any excess will be applied in accordance with your Cordmember 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: L] Full Pay ? Min Pay F1 Min Pov + S Bank Routing #: Bank Account #: Frequency: NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DICC-OVCIZ Credit TlZt-tcri We mayyour Accf Acccredite the g address: Discover PO Box 15316, dmington, DE 19850.5316. Please indicate your name, address, home telephone number and Account number Pa)rargg Interest We begin to impose interest charges on a transaction, fee or interest charge from the day we add it to the daily balance. We continue b impose interest charges until you pay the total amount you owe us. y% avoid paying interest on Purchases as described below. However, you cannot ovoid paying interest on Balance Transfers or Cash Advances. How to Avoid Pavin?q Interest on Purchases "Grace Period" you pat the New a once on your previous i ing statement by the Payment Due Date shown on that billing statement, we will not impose interest charges on new Purchases or an portion of a new Purchase, paid by the Payment Due Date on your current billing statement New Purchases are P h th t fi . urc ases a rst appear on the current billing statement hcw Ili, iv ?o menu ivla Impact Your Grace Pariod i yo a not pay your ew a ante in eac?man , t en, depending on the balance to which we apply your payment , you may not get a grace period on new Purchases. Now We Calculate Interest Charges Daily Balance Me" (including current transactions): We calculate interest char ges each billing period by first figguring the "daily balance" for each Transaction Category. Transaction Categories include standard Purchases, standard Cash Advances and different promotional balances such as Balance Transfers , . How We Figure the Daily Balance for Each Transaction Catogory We start with the beginning balance for each day- The beginning balance for the first day of the billing period is your balance on the st day of your previous billing period. We add any interest charges accrued on the previous days daily balance and any new transactions and fees. We add any new transactions or fees as of the later of the Transaction Date or the first da of the billin i d i co y g per o n which the transaction or fee posted to your Account. We subtract any new credits and payments. z n We make other adjustments (including those adjustments required in the "Paying Interest" section). How We Figure Your Total Interest Charges g We multiply the daily balance for each Transaction Category by its daily periodic rate. We do this for each day in the billing period. This gives us the interest char es for each Transacti C t T d 01 g on a egory. o get a aily periodic rate, we divide the APR that applies to the Transaction Category b 365 N x y . We add up all the daily interest charges. The sum is the total interest charge for the billing period. u How We Include Fees We add Balance Transfer Fees to the applicable Balance Transfer Transaction Category. We add Cash Advance Fees to the applicable Cash Advance Transaction Category. We add all other fees to the standard Purchase Transaction Category. Balance Subject to Interest Rate. Your statement shows a Balance Subject to Interest Rate. It shows this for each transaction category. The Balance Subject to Interest Rate is the average of the daily balances durin the billi g ng period Credit 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 call 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 RZNFEOO I 9464418 Uueshons? Visit www.Discover.com or call 1-800-DISCOVER 11-800-347-26831. DISCOVER 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 Manaeer (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. W WR# 9464418 Carolyn L. Havenar 6011007188127392 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson iri: -Ltt_ Sheriff ;- 'r ? f'i "N " R Jody S Smith Chief Deputy - 2r", 12 MAR _ 5 ? ? 2'. ? ? Richard W Stewart CUMBEP Atilj 10UN Y Solicitor ??- - PC cYM;N? Discover Bank Case Number vs. 2012-1038 Carolyn L. Havenar SHERIFF'S RETURN OF SERVICE 02128/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Carolyn L. Havenar, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Carolyn L. Havenar. Request for service at 929 Hamilton Street, Carlisle, Pennsylvania 17013 the Defendant was not found. Deputies were advised, Carolyn L. Havenar is in a nursing home in Chicago, Illinois. SHERIFF COST: $39.00 February 28, 2012 SO ANSWERS, '22 RON ' R ANDERSON, SHERIFF FILEU-OFFICE THE PROTHONOTARY 2012 JUL -9 PM 1: 30 CUMBERLAND COUNTY WELTMAN, WEINBERG & REIS CO., L.P.A. PENNSYLVANIA BY: Sarah E. Ehasz Attorney 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 # 9464418 SEEMS Discover Bank, Through Its Servicing Agent DB Servicing Corporation VS. CAROLYN L HAVENAR Cumberland County Court of Common Pleas No.: 2012-01038 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBERG & ., L.P.A. J.. By 1U V J . Sarah E. Ehasz, Esquire Attorney for Plaintiff CAROLYN L HAVENAR 3034 S HOOVER AVE SPRINGFIELD, IL 62703