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HomeMy WebLinkAbout12-3397 J..,? f..)? v ri' 7 j r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. LISA M HEATH Defendant No. l t (A.'939 7 01-V/ l d 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 09578739 C A Pit SJS s ??? ?psaaisl 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 LISA M HEATH 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 1011 NORTHFIELD DR CARLISLE, PA 17013 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7202 . 6. Defendant made use of said credit card and has a current balance due of $8198.25 , as of February 29, 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 10.9906 per annum on the unpaid balance from February 29, 2012 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit fi l l, 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, LISA M HEATH INDIVIDUALLY , in the amount of $8198.25 with interest at the rate of 10.9906 per annum from February 29, 2012 until date of judgment and costs. I Wi iam T. Mo czan,4 7 WELTMAN, WEINBERG & IS CO., L.P.A. 436 Seventh Avenue, 9uite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 09578739 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 Now Balance $ iA24.00 tt!ue Payment Due Date March 24, 2012 29 SDSN6A01 0002724 LISA HEATH 1011 NORTHFIELD DR CARLISLE PA 17013-1387 Account Number ending in 7202 Enter Amount Enclosed below Text APP to DISCOV• to receive a link to our free mobile app and pay your bill in seconds from anywhere! PO BOX 6103 Illur11rrrnIrllrlulrlrr) CAROL STREAM IL 60197-6103 Address, e-mail or telephone changes nr1r11rnri1l11um11r11loll 11n1n1) Go to www.Discover.com or print change in space above. EXHIBIT 000001986453414389061000000000000000142400 LVM: February 3, 2012 - Closing Date: Discover More Card Account Summary I Account number ending in 7202 Previous Balance $8,198.25 Payments And Credits 8,198.25 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0,00 Interest Charged + 0.00 New Balance T See Interest Charge Calculation section following transactions for detailed APR information Credit Line $7,500.00 Credit Line Available $0.00 Cash Advance Credit Line $1,900.00 Cash Advance Credit Line Available $0.00 ry 29, 2012 page 1 of 2 Payment Information New Balance $0.00 Minimum Payment Due $1,424.00 Payment Due Date March 24, 2012 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 15.99% 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. • NEWT Access your account securely through your mobile phone -1; F . . a v W . . . . . L. ['w..M. ? I I. Ca5 BonuS° 1 Access your account securely at www.Discovw.com Anniversary Month 2. Call 1-SMDISCOVER (1.800.347-2683) July Please haw your Discover* card available. Opening Cashback Bonus Balance $ 0,00 3. Write to us at Discover PO Box 30943, New Cashbock Bonus This Period + 000 Salt Lake City, LIT 84150 (Not a payment address) For payments, Please send to address on remittance or Cashback Bows Balance $ 0.00 Discover. PO x 6103, Carol Stream, IL 601 9 7-61 03 ro kern more, log in a www.Disco~.com For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800.347-7449. Transactions Date PDo*& and Credits Feb 29 Feb 29 INTERNAL CHARGE-OFF $ •8,198.25 Fees TOTAL FEES FOR THIS PERIOD $ 0.00 - - _-TOTAL (MEREST-FOR THIS_PERIOD_ 0.00 12012 Totals Year-to-Date 9578739 TOTAL FEES CHARGED IN 2012 $ 70.00 TOTAL INTEREST CHARGED IN 2012 121 14 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCONFI I DISCOVER ttpeysro USA HEATH ??SC EVE Account number ending in 7202 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rats (APR) is the annual interest rate on your account. Current Billing Period: 27 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO RATE (APR) INTEREST R INTEREST CHARGE Purchases 10.99% V ATE $0 $0 Cash Advances 23.99% $0 $0 Balance Transfer 0.00% $0 $0 V = Variable Rate Additional kniportaat Yrfar,. cdion See your Cordrnornber ABrsemert. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediatelyl Cah 1-800.347-2683. What To Do N 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 84130.0421 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 Hon 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 e. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. 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 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 Rfahts N 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. i 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 mode with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must notyethave 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, Soft Lake City, 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 may y all or part of your Account balance of any time. However, you must pay at least the Minimum Payment Due by the f?iymeni Due Date. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as described 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 payment is processed as an electronic fund transfer, 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 soon 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 sand cash, correspondence or other items with your payment, if you senrJ the payment to any slher address or iF you use an envelope other than the one provided. Payments receved in proper g facility by 5PM local time on any dayy will be credited ro your Account as of that day. Payments form at our processinssin received at our proceg facdily after SPM local time will be credited to your Account as of the next day. IF you have misplaced your envelops, send your payment to Discover, PO Box 6103 Carol Stream, IL 60197-6103. Please allow 710 days for delivery. If your payment is returned unpaid, we reserve the rig?if to resubmit it as an electronic debit. i j 9578739 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER You can pay your monthly Minimum Payment Due, or a greater 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 payments will be deducted on the Payment Due Date unless you request a recurring pa ment date (e.g. the 15th day of the month) 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 b telephone, you will need this statement and your bank account information. You will be asked to provide the lost four (4Nigits 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 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 Soh 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 monthlyy billing statement when your payment will be made and how much it will be. You must ensure that sufficient funds ore 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 enouggh to cover the Minimum Payment Due as listed on your monthly billing statement, your scheduled payment for that month will be increased to cover the Minimum Payment Due. If the scheduled payment is grealer than the Minimum Payment Due, any excess will be applied in accordance with your Cardmember Agreement. IFyour scheduled payment is greater than the New Balance on your billing statement, that payment will be processed only For the amount of your New Balance. 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 + $ ? Fixed Pay$ Bank Routing #: Bank Account #: Frequency: i Cn Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or n other defaults on your Account may be reflected in your credit report. We normally report the status and payment history of i ° your Account to credit reporting agencies each month. If ou believe that our report is inaccurate or incomplete, please write g us at the following address: Discover. PO Box 15316, WYlmington, DE 19850.5316. Please indicate your, name, address, N home telephone number and Account number N Payitgg, Inforest: 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 Cash Advances. How tq Avoid Paying Interest on Purchases ("Grace Period") it 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 any 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 May Import Your Grace Period you not pay your New Balance in hill eac mont en, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. i How We Calculate Interest Charges Daly Balance Method (including current transactions): We calculate interest charges each blling.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 Daly 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 add any new transactions or fees as of the later of the Transaction Date or the first day of the billing period in which the transaction or Fee posted to your Account. We subtract any new credits and payments. We make other adjustments (including those adjustments required in the "Paying Interest" section). How We Figure Your Total Interest Charges 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, we divide the APR that applies to the Transaction Category by 365. i 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 transaction category. The Balance Subject to Interest Rate is the average of the daily balances during the billing period i 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 1.1300.347-7449. D r TWonitor and/or record telephone calls between you and Discover representatives for quality assurance pr The Discovermcard is issued by Discover Bank, Member FDIC RZNFE001 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 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. i • Print a paper copy of your statement anytime. • Sign up today at Discovercom/paperfess ,02010 Dixove Bonk, Member FDIC PAPER.03f0 I I ? z I m D 0 o I a I N I ? I Np N X N 957'8739 Questions? Visit wwwAscover.com or call 1.800-DISCOVER (1.800-3472683). DISC7OVER:r 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 Szczveiel, Leaal 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. (Signature) WWR# 9578739 Lisa M. Heath 6011007190917202 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff L t + V 01 1[1fi6C # t4' U i t ,r t d ,,.ti Jody S Smith Chief Deputy Richard W Stewart Solicitor C^FF CV6' F'?e $['ERIFF P 2: ! `iE J >'LW-W A Discover Bank vs. Lisa M. Heath Case Number 2012-3397 SHERIFF'S RETURN OF SERVICE 06/07/2012 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: Lisa M. Heath, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Lisa M. Heath. Request for service at 1011 Northfield Drive, Carlisle, Pennsylvania 17013 the Defendant was not found. Deputies were advised current resident has lived here for over one year and does not know the Defendant. However, The Carlisle Postmaster is still delivering Lisa M. Heath's mail to this address. SHERIFF COST: $39.00 SO ANSWERS, June 07, 2012 RON R ANDERSON, SHERIFF !ct CountySuile Shenff. Teleosol3. Inc.