HomeMy WebLinkAbout12-2132F1 L ED - OFF I CL
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2012 APR -4 A 4 I I::.3
CUMBERLAND COUNTY
P-EHINSYLVAKIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Discover Bank,
Through Its Servicing Agent,
DB Servicing Corporation
Plaintiff
vs.
BENJAMIN L BEAVER
Defendant
13 a ?it? ??
No:
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
09536256 C A Pit SJS
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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
vs. Civil Action No
BENJAMIN L BEAVER
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 6 NORTH FRONT STEET
WORMLEYSBURG, PA 17043
5. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX2776 .
6. Defendant made use of said credit card and has a current balance
due of $2574.56 , as of January 31, 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
29.990% per annum on the unpaid balance from January 31, 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, BENJAMIN L BEAVER INDIVIDUALLY , in the amount of $2574.56
with interest at the rate of 29.990% per annum from January 31, 2012
until date of judgment and costs.
William T. Molczan, 37
WELTMAN, WEINBERG EIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
WWR# 09536256 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 Minimum Payment Due Account Number ending in 2776
$0.00 .0 Enter Amount Enclosed Below
Payment Due Date
February 26, 2012
31 SDSN6A01 0006503
BENJAMIN BEAVER
212 OAK ST
HARRISBURG PA 17109-3714
Access and manage your account at
www.Disaover.co n or visit m.discover.com
on your mobile phone.
PO BOX 6103 loll 11111111111111
CAROL STREAM IL 60197-6103
r rr Ir I
?lllnnrllr lunrllnlnll
Address, e-mail or telephonechange$ II Go to www.DiKavw.com or print change in space above. 11 11 pill 11 loll
Go to www.DiKavw com or print change in space above. u
000001486458302893124000000000000000068600
Opening Date: January 24, 2012 - Closing Date: Janes
Discover More Card Account Summary
Account number ending in 2776
Previous Balance $2,974.56
Payments And Credits 2,974.56
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 follow ing
transactions for detailed APR information
Credit Line $1,500.00
Credit Line Available $0.00
Cash Advance Credit Line $800.00
Cash Advance Credit Line Available $0.00
Cashback Bonus' Anniversary Month
June
Opening Cashback Bonus Balance $ 0.00
New Cashbock Bonus This Period + 0.00
Cashbadt 6orrus Balance $ 0.00
To ieam more, log in at www.Discover.com
.r V I, .-A
t,{Iy0 I N L
Payment Information
New Balance $0.00
Minimum Payment Due $686.00
Payment Due Dote February 26, 2012
Lob Payment Warning: IF we do not receive your minimum
payment by the dale listed above, you may have to pay a late
fee of up to $35.00.
Manage Your Account Online at www.Diiscovw.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 loam
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 (1-800-347.2683)
Please have your Discover* card available.
3. Write to us at Discover PO Box 30943,
Sah Lake City, UT 841 t30 (Not a payment address)
For payments, please send to address on remittance or
Discover PO Box 6103, Carol Stream, IL 60197-6103
For MD (Telecommunications Device for the Deaf)
assistance, please call 1.800.347-7449
Transactions
Tr
Dcft ans. Post Dc
PayrnwNs and Credits Jan 31 Jan 31 INTERNAL CHARGE-OFF $ -2,974.56
Fees TOTAL FEES FOR THIS PERIOD $ 0.00
Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00
2012 Totals Year-to-Date
9536256
TOTAL FEES CHARGED IN 2012
TOTAL INTEREST CHARGED IN 2012
$ 35.00
73.90
EXHiBIT
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER
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 Discoveccom/paperless
®2010 Discover bank, Member FDIC PAPER.0310
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9536256
QUOStiOnS? Visit www.Discovw.com or
call 1-800-DISCOVER (1.800-347-2683). DISCOVER
DISCOVER Itparini BENJAMIN BEAVER
Account number ending in 2776
page 2 of 2
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Current Blling Period: 8 days
TYPE OF BALANCE ??U(LPERCENTAGE LUANCE SUBJECT TO INTEREST CHARGE
Purchases 29.99% V $0 $0
Cash Advances 29.99% V $0 $0
V - Variable Rate
Addiliond Mpwtw t Information.
See your Cardmember Agnsenerrt. Your Cardmember Agreement contains all the terms of your Account.
Lost or stolen cards. Report immediahi yl Cal 1-800-347-2683.
What To Do N You Think You Find A Mistake On Your StaMnrent
IF you think there is an error on your statement, write to us at: Discover PO Box 30421 Salt Lake City, UT 84130'421
In your letter give us the following information:
Account information: Your name and account number
Dollar amount: The dollar amount of the suspected error.
De i lion f Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe
if is a mtsro re.
You must contact us within 60 days after the error appeared on your statement.
You must notify us of any potential errors to writing. You may call us, but if you do we are not required to investigate any
potential errors and you may have to pay ttMM am??ount in question.
While we investigate whether or not there has been an error, the following are true:
We cannot hY 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
ws determine that we made a mistake, you will not have to pay the amount in question or any interest or other Few 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 N You Are QbmrFsNed Wkh Your Credit Card Purchases
IF you are dissatisfied with the goods or services that you haw purchased with your credit card, and you have tried
in good Faith to correct the yrohkm 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 side 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 o
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 i writing at:
Discover PO Box 30945, Salt Lake Ci yl , UT 841304945
While we investigate, the some rules apply to the disputed amount as discussed above. After we finish our
investigation, we wig 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.
PayrrneMs. You maypay
all or part of your Account balance of any finis. However you Must pay at least the Minimum
e
Payment Due by th Payment Due Date. Send only your payment and IM top portion of this statement in the envelope
pprrovided. Do reef send cash. By sending your check as described above, you atlhorize 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 hdnsadion. If payment 1s Processed as an electronic Fund transfer, the transfer will be for the amount of
Fhe check. When we use information from your check ro make an ek?chonic fund transfer kinds may be withdrawn From your
account as soon os the same day we receive your payment, and you will not receive your check back from your financial
institution.
ffl csing of your ent be e yment to aneif you ouproessin5PM I tid of our processnng faeih otter SPM local time wnll? credited to your Aeeount as of the next Boy. If you have
mis ac d your snvekspe, send your payment ro Discover PO Box 6103 Carol Stream, IL 60 1 97-6 1 03. Please allow 7.10
days For delivery . IF your payment is retumsd unpaid, w? reserve the rig?f ro resubmit it as an electronic debit.
9536256
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION D'S VER
You can pa your monthly Minimum Payment Due, or a greater amount tl at does not exceed your current Account balance,
over the telephone or you can setup automatic payments through a customer service representotive by calling
1-80(347- 683. Automatic payments will be deducted on the Payment Due Date unless you request a recurring pa ent
date (e. .the 15th day of the month) that occurs bsfare yaw Payment Due Date. IF your schedu6d payment dote We 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 to. b cne you will need this statement and your bank account information. You will be
asked to provide the last four (4 digit of the social security number of the primary borrower. By providing those numbers as
your electronic sigrwture, you will be agreeing b Ihia authorization to allow us and your bank to deduct each payment you
aulhorin, in Ito amount selected by you, From your bank account. You also authorize us to initiate debit or c. t entries to
your bank account, as a tcable, to corcect on error in the processing of such payment. You can cancel o scheduled
payment by at at 1-1347--2683 a by mail at Discover, PO Boz 30421 Sak Lake City, UT 8413(0421, however we
must receive notice at
least three business days in advance of the schsdukrd payment. IF your payments may vary in amount,
vas will tell
you on each monthly billing statorrart when your payment will bs made and how much it will be. You must ensure
that suFficient funds are available in your bank account, and all transactions must comply with U.S. law.
You can set automatic payments for- (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum
Payment Due plus a fixed dollar amount, or (iv) a fixed dollar amount. If your scheduled fixed payment is not enough to cover
tM Minimum Payment Due as listed on your monthly biling statement, your scheduled payment for that month will Be
increased to cover the Minimum Payment Due. If the scheduled payment 13 greater than the Minimum Payment Due, any
excess will be applied in accordance with your Cordmember Agreement. IFyour xhsdtA pa ent is greater than the New
Balance on your' biling staroment, that payment will bs procsued only for the amount of your New Balance. 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
far your records.
Amount: ? Full Pay ? Min Pay ? Min Pay + S ? Fixed Pays o
Bank Routing Bank Account Frequency: Z
Reporhrg. We ma report information about your Account to credit bureaus. late payments, missed payments, or
oth it
s on your Account ma be reflected in your credit roport. Ws normally report tM status wit payment hisrory o
er default
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E
ease wr f
ete, p
ite
your to crodt reporting agencies each month. Ifyo u believe chat our report is maccurah a incomp
Account
us at the following address: Discover, PO Box 15316, Wilmington, DE 1985(5316. Please indicate your name, address,
o
a°,
is
ttslspitorte number and Account number
Paying A dated We begin to impose Interest Charges on all transactions from the Transaction Date for the transaction shown
on your biting stotsmsn , unless a transaction is posted to your Account after the close of the billing period in which it occurs, N
Ln
in which case we begin to impose interest charges on that transaction from the first day of the billinr?gg ppeeriod in which it is
l
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B
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d
ate yyoouu pay your entire
ance s
own on
to yaw Account. Ws continue to impose In?eroaf
arges unti
t
e
ew
a
poste
your billingg statement by making payments or receiving credits. IF you paid the New Balance on your previous billing
statement b the Payment Duo Dats shown on that billing statement, we will not impoa? Interest Charges on new purchases,
that is, purchases first appearing on the current billing statement, or anZ portion of o rww purchase, aid by the Payment Due
i
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s no race per
o
illing statement.
e ca
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t is not
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an 2
Dais on r current
on bola s transfers or cash advances. As moro fully dsx«ir bed in the section of your Cardme n%r Agreement ti "How
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"
on the APR applicable to the
a
ance o
eac
We Apply Payments,
we genemlH pply payments fo your Account base
transaction category This means t}wt iF you do not pay the Nsw Bakance on Its current billing statement by the payment Due
Date shown on that billing statement, then, depending on the amount of yaw payment and the APRs on other balances, you
may not get a grace period on new purchases.
Amwal Fee. If your Account has an annual fee, if will be billed at the inning of each anniversary year yyaaxx Account is
The annual fee is not ro furxtable unless you
o
en
The amount of the fee appears on the statement when the fee is bi ed
p
.
.
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
You will receive this refund even if
ou use
our Card durin
that
eriod
is billed
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.
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How W* Caledate I oviesi Charges Daily Balance Method (including cunernt iranswiens): 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 balo noes as transaction categories.
We figure the "daily bolonce" for each transaction category. To get the "daily balance" we take the beginning
bakxxe for each day, add any now transactions and fees and any Interest Charges accrued on the previous day's
l
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b
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ance. We then su
er adt
ai
y
a
tract any cre
its an
payments an
ma
e ot
ustments. In ca
cu
ating the daily
bakxnce for the first day of the billing period, we consider the "previous day's doily 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 daily 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 billinngg period in which it occurs, in which case the
transaction will be added to the dally balance as of the first day of the billing period in which it is posted to your Account. All
fees charged to your Account are 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 transfer transaction category.
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 fo 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 alter 6 months, or as otherwise required by applicable law.
For TDD (Telecanamaricalions Device far des DeA assiskrKe, please cal 1-800-347-7449.
Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance
p9M256
The Discoverocard is issued by Discover Bank, Member FDIC O)T8K171
QU@sfions? Visit www.D'tacovw.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 Szczvgiel, 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# 9536256
Benjamin L. Beaver
6011002299812776
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
''1. D-T
2 MAY
C.UMBERLAND LtiU . '
- PENNSYLVANIA
Discover Bank
vs. Case Number
Benjamin L. Beaver 2012-2132
SHERIFF'S RETURN OF SERVICE
05/04/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on May 4, 2012 at 1505
hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Benjamin L. Beaver. After several attempts the Complaint and Notice has expired.
SHERIFF COST: $76.00 SO ANSWERS,
May 04, 2012 RON R ANDERSON, SHERIFF
Cour S iitr She - 1
"~t E~1-0~i~~~;
C~~ i ~~~ P~C3I~HOE~~ i"~~~t,
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: William T. Molczan
I.D. No. 47437
436 Seventh Avenue 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
Fax: (412) 338-7130
File # 9536256 WTM/SJS
Discover Bank, Through Its Servicing Agent
DB Servicing Corporation
vs.
BENJAMIN L BEAVER
2i~120EC -3 PIS 2~ 4 I
CUMEERLAE~U %OU1~iT'~
PENNSYl.VANlA
Attorney for Plaintiff(s)
Cumberland County
Court of Common Pleas
No.: 2012-2132 CIVIL
PRAECIPE TO DISMISS WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss the above matter without prejudice .
WELTMAN, WEINBERG & REIS CO., L.P.A.
B '~
Y
William T. Molczan, Es ire
Attorney for Plaintiff
IIIII ICI 1~1 IIN I~ IIIiI 1111 N~ I INI NII I II III I II I II III