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HomeMy WebLinkAbout12-1425E 1.ED-0 FFICF DER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff No: do a- ?U?S lV,j vs DEBORAH A KEEBAUGH 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 09432862 C A Pit SJS aM f 4L 6 k-#- /6 -3?issa P-#-x7/933 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 DEBORAH A KEEBAUGH 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 15 N CORPORATION ST NEWVILLE, PA 17241 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0465 . 6. Defendant made use of said credit card and has a current balance due of $2655.91 , 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 22.990. 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, DEBORAH A KEEBAUGH INDIVIDUALLY , in the amount of $2655.91 with interest at the rate of 22.990% per annum from October 31, 2011 until date of judgment and costs. Wi i m T. olc n, 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# 09432862 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. New Balance Minimum Payment Due DISCOVER $0.00 L$5s5.00 _ Payment Due Date Novernbor 26, 2011 31 SDSN6A010010579 DEBORAH KEEBAUGH 15 N CORPORATION ST NEWVILLE PA 17241-1127 Account Number ending in 0465 Enter Amount Enclosed Below $ Access and menage your account at www.Disewer.com or visit m.discover.com on your mobile phone. PO BOX 6103 Ill III lrrrrnl6rrrllrlIII l „WHIT Address, o-moilor rolephonechange? CAROL uln IL I1l?ullunn??lnlnlr STREAM nnr 601ll??n97nr-ll6n1lln03 mllnln ? a?`i', Go to www.DiKover.com or print change in space above. , 000001986456325291466000000000000000055500 I Opening Date: October 20, 2011 Closing Date: October 31, 2011 Discover More Card Account Summary Account number ending in 0465 1 W1 L Payment Information New Balance $0,00 Minimum Payment Due $555.00 Payment Due Date November 26, 2011 Previous Balance $2,655.91 Payments And Credits 2,655.91 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0,00 Fees Charged + 0.00 Interest Char* + 0.00 New Balance --___V6.p0 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 $1,000.00 Cash Advance Credit Line Available $0.00 Lam Payment Warning: If we do not receive your minimum payment by the dam listed above, you may have to pay a late fee of up to $35.00 and your purchase and balance transfer APRs for new tromodions may be increased up to the Penalty APR of 27.99% 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 moresm -find easy ways to earn and redeem cash rewards • NEW) Access your account securely through your mobile phone 3 Easy Ways to Contact Us Ca511 OC C l3onUSe 1 Access your account securely at www.Discover.com Anniversary Month 2 Call 1-800-DISCOVER (1.800.347-2683) October 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 + 000 Soft Lake City, UT 841 §0 (Not a payment address( For payments, please send to address on remittance or Cashback Bonus Balance $ 0,00 Discover, PO Box 6103, Card Stream, IL 60197.6103 T. I.arn more, log in at www.Discover.com For TDD (Telecommunications Device for the Deaf) assistance, please coil 1-800.347-7449. Transactions Trans. Post Payments and Credits Oct 31 Oct 31 INTERNAL CHARGE-OFF $ •2,655.91 Fees TOTAL FEES FOR THIS PERIOD S 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD S 0.00 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 $ 340.00 TOTAL INTEREST CHARGED IN 2011 462.36 9432862 NOTICE. SEE REVERSE SIDE FOR IMPORTANT INFORMATION DIS U DISCOVER It pays to 1 DEBORAH KEEBAUGH DISONER J Account number ending in 0465 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 12 days TYPE OF BALANCE Purchases Cash Advances V : Variable Rate A EUA PERCENTAGE BLANCTERSUL ECf TO MIIEREST CHARGE RA (APR) 22.99% s0 $0 24.99% $0 $0 Additional Important Information See your Cardmember Agnenent. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediatelyl Call 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 30421, Sah Lake City, UT 84130-0421 In your War give us the following information: • Account information: Your name and account number • Dollar amount. The dollar amount of the suspected error DeT scriation of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is is mmeto e. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in w?ritin?. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the omounf in question. While we investigate whether or not there has been an error, the following are true: We cannot try fo 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 that ws 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 N You Are Dissatisfied With Your Credit Card Purchases If you ore dissatisfied with t;0% oods or services that you have purchased with your credit card, and you have tried in good faith to correct the em 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 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 same rules apply to the disputed amount as discussed above. Aber 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 y all or part of your Account balance at any time. However, you must pay at least the Minimum Payment Due by the f?ayment Due Date. Send only your payment and the top portion of this statement in the envelope prowdsd. Do not send cash. By sending your check as described above, you authorize us to use information on your check b 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 poymant is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information loom your check to make an 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 check back from your financial institution. The pr«essing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send iho payment to any other address or if you use an envelops other than the one provided. Payments received in proper form at our pr«essing Facility by SPM local time on any dayy will be credited to your Account as of that day. Payments received at our processing Facility after SPM local time will ba credited to your Account as of the next day. If you have misplaced your envelops, send your payment fo 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 rig?rt to resubmit 0 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 con setup automatic payments through a customer service representative by calling 1.800.347-2683, Automatic pa mants will be deducted on the Payment Dus to unless you request a ppayment date that occurs before your Payment Due Date. If yyour scheduled payment date Falls on a weekend or bank holiday, your pa ent will be processed the business day prior to if?e weekend or book holiday. In order to schedule monthly pa ants by telephone, you will need this statement and your bank account information. You will be asked to provide the lost tour (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 authorize us to initiate debit or credit entries to your bank account as a47-icable, to correct an error in the processing of such payment. You can cancel a scheduled payment by phone at 1-800.3683 or by mail at Discover, PO Box 30421 Salt Lake City, UT 84130.0421 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 your ent will be made and how much it will be. You must ensure that sufficient Funds are available in your bank $60II transactions must comply with U.S. low. If your scheduled payment is not enough to cover the Minimum Payment Due as listed on your monthly bilking 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 maybe 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 Bank Account #: Frequency: NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISC VER rthe may report information a?L? out youuyAcnt may rot' , Account to credit reporting agencies each . If yo u believe that our reppoort is uxsccurots or incomplete, please writs us at the following address: Discover PO Box 15316, Wilmington, DE 1985Q5316. Please indicate your name, address, floc Id home telephone number and Account number Paying Interest. We begin to impose interest chwges 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 Cash Advances. How to Avoid Poyinq Interest on Purchases ("Grace Period"1 - uyolf paid the Now a a? 1 nce on your previous billing statement by the Payment Due Date shown on that billing statement, we will not impose interest charges on new Purchasesor ony portion of a new Purchase, pa d by the Pa yment Due Date on your t bill t t t N P h P f curren ing s a emen . ew urc ases are urc ses that irst appear on the currenf bling statem il ent. How Ws Apply Payments May Impact Your Grace Period " yofF u ao not pay your Now balance in lull th, then, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. How We Calculate Interest Charges Daily Balance Mellsod (iicludirg 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 foes. We o add any new transactions or foes as of the later of the Transaction Date or the first day of the billing period in hi h f d w c the transaction or ee poste to your Account. z We subtract any new credits and payments. o We make other adjustments (including those adjustments required in the "Paying Interest' section). g How We Figure Your Total Interest Charges o We multiply the daily balance breach Transaction Category by its daily periodic rote. We do this for each day in th billi i d Thi i h i h f h e ng per ves us t o . s g e nterest c arges or eac Transaction Category. To get a daily periodic rate, we divide the APR that applies to the Transaction Category by 365. n We odd 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 F t th li bl h Ad C T i C d ees o e app ca e vance as ransact on ategory. We o d 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 during the billing period. Credit Balances. If your Account has a credit balance, the amount is shown on the front of your billirrg 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 o refund of any remaining balance of $ 1.00 or more after 6 months, or as otherwise required by applicable low. For MD (Telecanununicafions Device for dw Deaf) assistance, please cal 1-800-347.7149. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discovermcard is issued by Discover Bank, Member FDIC RZNFEOOI 9432862 QU@Sho115? Visit www.Dixover.com or call 1-800-DISCOVER (1.800-347.2683). DISCOVER Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloodable, 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 Discovercom/papedess 02010 D,w-w Bank, M-k- FDIC PAPER 03 10 Cn O N Z a1 D 0 0 0 0 cn 9432862 Questions? Visit www.Discov*r.com or call 1 800-DISCOVER (1-800-347-2683) DISCOVER Feb, 14. 2012 2:10PM VERIFICATION Pc, 2607 P. 8 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 (Name) Legal Placement Account Manager of DB Servicing Corporation, servicing affiliate for (Title) (Company) Discover Bank , 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. T, C (Signature) l WWR# 09432862 DEBORAH A KEEBAUGH 6011 0007 7497 0465 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff pR433 {- Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank vs. Deborah A. Keebaugh Gt_112 MAR 16 AM cUMBERLAQ T%a PENNSYLVAN A Case Number 2012-1425 SHERIFF'S RETURN OF SERVICE 03/08/2012 08:38 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 8, 2012 at 2038 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Deborah A. Keebaugh, by making known unto herself personally, at 15 N. Corporation Street, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. ICH EL BA RIC ; DEPUTY SHERIFF COST: $40.00 March 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF t , r-? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYN) -- CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT DB SERVICING C) iv CORPORATION Plaintiff vs. Civil Action No. 2012-1425 CIVIL DEBORAH A KEEBAUGH Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, DEBORAH A KEEBAUGH, in the amount of $2,871.71 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney for Plaintiff DEBORAH A KEEBAUGH 15 N CORPORATION ST NEWVILLE, PA 17241 WWR# 9432862 G?ru? %1U'SOP4 a U C?-? ?d?rg??l ?r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT DB SERVICING CORPORATION Plaintiff vs. DEBORAH A KEEBAUGH Defendant Civil Action No 2012-1425 CIVIL STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, DEBORAH A KEEBAUGH, above-named, in the amount of $2,871.71 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $2,871.71 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, DEBORAH A KEEBAUGH, in the amount of $2,871.71 plus continuing interest thereon at the statutory rate of 6.000% per annum from the date of judgment, and costs. 3. Defendant shall pay monthly at a rate of $55.00 commencing on April 25, 2012 and each month thereafter fore three (3) months. Defendant shal contact Planitiff at the end of those three (3) months to set up a further suitable payment arrangment. 4. All payments are to be made payable to the order of "Discover Bank, Through Its Servicing Agent DB Servicing Corporation" The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue 1400 Koppers Building, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fails to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals this day of 20?j WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. # 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue 1400 Koppers Building Pittsburgh, PA 15219 WWR# 9432862 A PIT SJS DEBORAH A KEEBAUGH 15 N CORPORATION ST NEWVILLE, PA 17241 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. 2012-1425 CIVIL DEBORAH A KEEBAUGH Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Ju gment was entered against you on (xx) Assumpsit Judgment in the amount of $2,871.71 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary DEBORAH A KEEBAUGH 15 N CORPORATION ST NEWVILLE, PA 17241 • By: PROTHONOTARY (OR DEPUTY)