HomeMy WebLinkAbout12-1424
Mi1iS; - JAM II:
?t n n COUNTY
r<<`z SY1-VAN1 ^,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Discover Bank,
Through Its Servicing Agent,
DB Servicing Corporation
Plaintiff
VS.
VICKI HUFF
Defendant
No: p??d' IT l 6VIl
COMPLAINT IN CIVIL ACTION
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
09489377 C A Pit SJS
Q?{w? log. 7S p
Ck-? 1o3$ySSy CJ
?W ol-7 1 9.3x)
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
VICKI HUFF
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 7 W HIGHLAND AVE
ENOLA, PA 17025
5. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX2499
6. Defendant made use of said credit card and has a current balance
due of $1869.09 , as of January 04, 2012
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
18.990% per annum on the unpaid balance from January 04, 2012 . 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, VICKI HUFF INDIVIDUALLY , in the amount of $1869.09 with
interest at the rate of 18.990% per annum from January 04, 2012 until
date of judgment and costs.
William T. Mo czan,47 7
WELTMAN, WEINBERG & IS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
WWR# 09489377 C A Flit 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.
A
DISCOVER
New Balance F Minimum Payment Due
$1,889.18 $352.00 _
Payment Due Date
January 21, 2012
26 SDSN6A010011429
VICKI HUFF
304 LINCOLN ST
MARYSVILLE PA 17053-1219
Account Number ending in 2499
Enter Amount Enclosed Below
$F :1
Access and manage your account at
=ee)' cover cam or visit m.discover.com
on your mobile phone.
PO BOX 71084 Illrrsll..rsslrlrllrrrrlrll
CHARLOTTE NC 28272-1084
Address, e-mail or telephone changes I I Ilnlnrlrllnrinlrlnrllllnn?ululullulululrlull
Go to www.Discover.com or print change in space above. r r
000001986453376591803018891800000000035200
Opening Date: November 27, 2011 - dosing Date: Dec
Discover More Card Account Summary
Account number ending in 2499
Previous Balance $1,889.18
Payments And Credits 0.00
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
Fees Charged + 0.00
Interest Charged + 0.00
New Balance $1,889 18
See Interest Charge Calculation section following
transactions for detailed APR information
Credit Line $2,000.00
Credit Line Available $0.00
Cash Advance Credit Line $500.00
Cash Advance Credit Line Available $0.00
•rWrlW?,e. ?VIIVi Anniversary Month
August
Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus This Period + 0.00
Cashback Bonus Balance $ 0.00
To barn more, leg in at vwrw.Diecovar.core
3 Easy Ways to Contact Us
I Access your account securely at www.Discover.com
2. Call 1-800-DISCOVER (1-800347-2683)
Please have your Discover® card available. 3. Write to us at Discover, PO Box 30943,
Salt Lake City, UT 84130 (Not a payment address)
For payments, se send to address on remittance or
Discover, PO ox 6103, Card Stream, IL 60197-6103
For TOO (Telecommunications Device for the Deaf)
assistance, please call 1-800.347.7449.
t
ernoer w, Awl t page I of z
Payment Information
New Balance $1,889.18
Minimum Payment Due* $352.00
Payment Due Dote January 21, 2012
"Includes post due amount of $312.00
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 23.99% variable.
Minimum Payment Warning: If you make only the minimum
payment each period, you will pay more in interest and it will
take you longer to pay off your balance. For example:
If. you r[tClke no You wrR pay if
using t}tis cord;gRd t6 afatemertt'in' eatitrugedte?kal'of,
each marilb pace p?gy ala?ut!
Only the minimum 3 years $1,889
If you would like information about credit counseling services,
call 1.800-347-1121
the. An 'you wi end "
rfioristtchargs?i bafacesftctwnon uppoyingon;
payment Manage Your Account Online at vrww.Discovsr.com
• Access free online tools like Poydown Planner to create a plan
to pay down yaw balance, securely access statements, pay
bills online and easily track all transactions
• Males your money worth more s-find easy ways to earn
and redeem cash rewards
•- NEWT Access your account securely through your
mobile phone
Post Date
Trans. .5489377
Transactions
Fees TOTAL FEES FOR THIS PERIOD $ 0,00
Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00
2011 Totals Year-to-Date
TOTAL FEES CHARGED IN 2011 $ 165.00
TOTAL INTEREST CHARGED IN 2011 243.33
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER
DISCOVER
It pays to VICKI HUFF
Account number ending in 2499
page 2 of 2
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account
Current Billing Period: 30 days
TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SSUL ECT TO INTEREST CHARGE IEST RATE
Purchases 18.99% V $0 $0
Cash Advances 23.99% V $0 $0
V = Variable Rate
Additional Important Information
See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account.
Lost or stolen cards. Report immediatelyl Cal 1.800.347-2683.
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 30,421, Salt Lake City, UT 841304421
In your letter, give us the following information:
Account information: Your name and account number
Dollar amount: The dollar amount of the suspected error
Descri Lion 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 re.
You must contact us within 60 days after the error appeared on your statement.
You must notify us of any potential errors in writ. 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 ma remain on your statement, and we may continue to charge you interest on that amount. But, if
we determine chat 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 lima.
Your Riahb if 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:
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 advertisementwe 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, Sob Lake Cify, UT 84130.0945
While we investigate, the same 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 maypuy all or part of your Account balance at any time. However. you must pay at least the Minimum
Payment Dus by the Payment Due Dafe. Send only your payment and the top portion of this statement in the envelops
PProvadad. Do not send cash. BYY sending your cheek as described above, you authorize us to use information on your check
to make an elechonic Fund honsfer From your account of the financial institution indicated on your check or to process the
payment as o check transaction. If pa snt is processed as an elechonic fund hansfer, the transfer will be for the amount of
the check. When we use information from your check to make an electronic fund transfer funds may be withdrawn from your
account as scan as the some day we receive your payment, and you will not receive your check back from your financial
institution.
The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you
send the payment o any other address or if you use an envelops other than the ores provided. Payments received an proper
Form of our processing facility 6yy SPM I«al time on any dayy will be credited to your Account as of Thal day. Payments
received of our process
ing facility aker SPM I«al time wdl be credited to our Account as of the next day. If you have
misplaced your envelo pe, send your payment to Discover. f'O Box 6103 Carol Stream, IL 60197 6103. Please allow 7 10
days for delivery . If your payment is returned unpaid, we reserve the rig?nt to resubmit it as an electronic debit.
You can pay your scheduled monthly payment or a realer amount that does not exceed your current Account balance over
the telephone or you can setup automatic ppaayymments through a customer service representative by calling 1.800.347-2683.
Automatic payments will be deducted on the Payment Due Date unless you request a ppaayment date that occurs before your
Payment Due Date. If your scheduled payment dale 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 ants by telephone, you will need this
statement and your bank account information. You will be asked to provide the last r (4) digits of the social security
number of the primary borrower By providing those numbers as your electronic signature, you will be agreeing to this
,authorization to allow us and your bank to deduct each payment you authorize, in the amount selected by you, from your
bank account. You also outhnorize us to initiate debit or credit entries to your bank account as plicable, to correct an error
in the processing of such payment You can cancel a scheduled payment by phone at 1-800.342683 or by mail at
Discover PO Box 30421 Salt Lake City, UT 84130-042 1, however we must receive notice at least three business days in
ladvance of the scheduled payment. If your payments may vary in amount, we will tell you on each monthly statement when
your payment will be made and how much it will be. You must ensure that sufficient funds are available in your bank
all transactions must comply with U.S. law. If your scheduled ppaayyment is not enough to cover the Minimum
m" Was listed on your monthly balling statement, you will be responsibfi for paying the diffeenee. IF the xhedulsd
payment is greater than the Minimum Payment Due ny excess will be applied in accordance with your Cardmember
Agreement. Your automatic payment amount may 69- 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 filkn the Following blanks below and retain the authorization
For your records.
Amount: ? Full Pay ? Min Pay ? Min Pay + $
Bank Routing
Bank Account
Frequency:-
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER
Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or
other defaults on your Account may be reflected in your credit report. We normally report the status and payment history of
your Account to credit reporting agencies each month. If you believe that our reportis inaccurate or incomplete, please write
us at the following address: Discover. PO Box 15316, W lmington, DE 19850-5316. Please indicate your name, address,
home telephone number and Account number
Paying 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 to impose interest charges until you pay the total amount you owe us. You can avoid paying
interest on Purchases as described below. However you cannot avoid paying interest on Balance Transfers or Cosh
Advances.
How to Avoid Paying Interest on Purchases ("Grace Period"
you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing statement, we
will not impose interest charges on new Purchases or arty portion of a new Purchase, paid by the Payment Due Date on your
current billing statement. New Purchases are Purchases that first appear on the current billing statement.
How We A I Payments Ma Im t Your Grace Period
you o not pay your ew a ance in lull each month, then, depending on the balance to which we apply your payment,
you may not get a grace period on new Purchases.
How We Cakulate Interest Charges Dally balance Method (including current transactions): We calculate interest charges
each billing period by first figuring 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 Category
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 last day of your previous billing period
We add any interest charges accrued on the previous day's daily balance and any new transactions and fees. We rn
add any new transactions or fees as of the later of the Transaction Date or the first day of the billing period in 0
which the transaction or fee posted to your Account. z
We subtract any new credits and payments. D
We make other adjustments (including those adjustments required in the "Paying Interest" section). o
How We Figure Your Total Interest Charges
A
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 charges for each Transaction Category. To get a daily periodic rate, o
we divide the APR that applies to the Transaction Category by 365.
We add up all the daily interest charges. The sum is the total interest charge for the billing period.
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
transa;tion category. The Balance Subject to Interest Rate is the average of the daily balances during the billing
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 MD (Telecommunications Device for 16 Deco 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 RtNFGOat
9489377
Questions? Visit www.Discover.com or DISCOVER
call 1-800-DISCOVER (1.800-347.2683)
Paperless statements mean less clutter, more convenience
Easily access up to 24 months of downloadable, password protected statements.
• See your statement as soon as it's available rather than wait for it to arrive in your mailbox.
• Get helpful payment reminders through e-mail or text messages on your mobile phone.
• Print a paper copy of your statement anytime.
• Sign up today at Discover.com/papedess
i
=;2010 Discover Bank Member FDIC
PAPER 0310
U)
U)
Z
rn
A
o_
0
0
a
N
t0
O
9489377
Questions? visit www.Discover.com or DISCOVER
call 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
unsworn 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.
WWR# 9489377
Vicki Huff
6011007081962499
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
?kttt' oT L=rn??f
Nit MAj 16 PM 3: 35
I UMBE LAND COUNTY
PENNSYLVAMA
Discover Bank
vs.
Vicki Huff
Case Number
2012-1424
SHERIFF'S RETURN OF SERVICE
03/08/2012 04:36 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 8,
2012 at 1636 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Vicki Huff, by making known unto Elizabeth Martin, adult in charge at 7 W. Highland
Avenue, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to
her personally the said true and correct copy of the same.
SHERIFF COST: $43.00
March 12, 2012
RYAN BURGETT, DE TY
SO ANSWERS,
RON R ANDERSON, SHERIFF
?cj cunt itr ?N;t* I .. Ire.
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Sarah E. Ehasz, Esquire
I.D. No. 86469
436 Seventh Avenue 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
Fax: (412) 338-7130
File # 9489377 SEE/SJS
Attorney for Plaintiff(s)
DISCOVER BANK
vs.
VICKI HUFF
CUMBERLAND County
Court of Common Pleas
No.: 2012-1424 CIVIL
PRAECIPE TO DISMISS WITH PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss the above matter with prejudice.
WELTMAN, WEINBERG & IS O., L.P.A.
By_
Sarah E. Ehasz, Esquire
Attorney for Plaintiff
is fiL
r
T,13
P 30 PH 2: -0
1111111111111111111111111111111111111111111111111111111111 IN
MADISON MONROE & ASSOCIATES
1111 PARK CENTRE BLVD
STE 206
MIAMI GARDENS, FL 331695365