HomeMy WebLinkAbout12-4144E PRO H&k
TAR
2012 JUL -2 PN 2: t
C(ftfRLAND C61 tiTy
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Discover Bank,
Through Its Servicing Agent,
DB Servicing Corporation
Plaintiff
vs
THOMAS F TUSO
Defendant
No : ) a- L4 I y `7 6-vd
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
09651097 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
THOMAS F TUSO
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 714 HILLTOP DR NEW
CUMBERLAND, PA 17070
5. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX6207 .
6. Defendant made use of said credit card and has a current balance
due of $10116.37 , as of March 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
12.990% per annum on the unpaid balance from March 31, 2012 . A copy
of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1".
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, THOMAS F TUSO INDIVIDUALLY , in the amount of $10116.37
with interest at the rate of 12.990% per annum from March 31, 2012
until date of judgment and costs.
u
William T. Molczan,4 7
WELTMAN, WEINBERG & IS CO., L.P.A.
436 Seventh Avenue, 6uite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
WWR# 09651097 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 $$101°6
08 SDSN6A010004293
THOMAS TUSO
PO BOX 8
LEWISBURG PA 17837-0008
Text APP to DISCOV' to receive a link to our
free mobile app and pay your bill in seconds
from anywherel
PO BOX 6103 Illmllnsllurlsrlurlrll
CAROL STREAM IL 60197-6103
Address, e-mail or telephone change? I???ul?nun??IJulu??rllunl????un111?11uu111nlr?ll
Go to www.Discowrcom or print change in space above. WIN
000001986457132700285101163700000001011637 1
Opening Uab: April 1, 2012 - Closing Dab: April 8,
I Discover More Card Account Summary Account number ending in 6207
Previous Balance $10,116.37
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 -------- -- --
10,116.97
See Interest Charge Calculation section following
transactions for detailed APR information
Credit line $9,100.00
Credit Line Available $0,00
Cash Advance Credit Line $0.00
Cash Advance Credit Line Available $0.00
Anniversary Month
August
Opening Cashbock Bonus Balance $ 0.00
New Cashback Bonus This Period + 0.00
Cashback Bonus Balance $ 0.00
To learn more, log in at www.Discover.com
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®cord available.
3. Write to us at Discover PO Box 30943,
Salt Lake City, UT 841 50 (Not a payment address)
For payments, please send to address on remittance or
Discover PO Box 6103, Card Stream, IL 60197-6103
For TDD (Telecommunications Device For the Deal)
assistance, please call 1-804347-7449.
2012
page 1 of 2
Payment Information
New Balance $10,116.37
Minimum Payment Due' $10,116.37
Payment Due Date DUE IMMEDIATELY
`Includes past due amount of $1,699.00
Late Payment Womirg: 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 Penally
APR of 17.99% variable.
Minimum Payment Warning: IF you make only the minimum
payment each period, you will pay more in interest and 0 will
take you longer to pay off your balance. For example:
If you make no You will pay off the And you will and!
ddMionpl charges' balance shown on up paying on
sing this card and this statement in #01mWed tool of
each month you pay:. about.
Only the minimum 10 years $10,116
payment
If you would like information about credit counseling services,
call 1.800.347-1121
Manage Your Account Online at www.Discover.com
• Access free online tools like Paydown Planner to create a plan
to pay down your balance, securely access statements, pay
bills online and easily hack all transactions
• Make your money worth moresm-find easy ways to *am
and redeem cash rewards
• NEWT Access your account securely through your
mobile phone
Transactions
9651097 Trans. Post
Date Dalo
Fees TOTAL FEES FOR THIS PERIOD $ 0,00
Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00
2012 Totals Year-to-Date
Minimum Payment Due Account Number ending in 6207
$10,116.37
i Enter Amount Enclosed Below
_
Payment Due Date
DUE IMMEDIATELY $
TOTAL FEES CHARGED IN 2012 $ 105.00
TOTAL INTEREST CHARGED IN 2012 320.07
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER
DISCOVER
It pays f THOMAS TUSO
UlyER Account number ending in 6207
page 2 of 2
interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Cunent Billing Period: 8 days
TYPE OF BALANCE A EU L PERCENTAGE BALI EIEISCTE SSU,LI ECT TO INTEREST CHARGE
RA (AN) Purchases 12.99% V $0 $0
Cash Advances 23.99% V $0 $0
V = Variable Rate
AddkwW Important 1n6mation
See your Cordmember Agrsemerd. Your Cardmember Agreement contains all the terms of your Account.
Lost or stolen cards. Report immediaWyl Cal 1-800.347.2683.
What To Do if You Think You Find A h9stake On Your Stattarnent
IF you think there is on error on your statement, write to us at: Discover, PO Box 30421, Sall 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.
!2t O Non of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe
it ?s a mis e.
You must contact us within 60 days offer the error appeared on your statement.
You must notify us of any potential errors in wnti . You may toll us, but if you do we are not required to investigate any
potential errors and you may have to pay a 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 fen 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 Crodif 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:
I The purchase must haw been made in your home state or within 100 miles of your current mailing address, and
the purchase price must have bean more than $50. (Note: Neither of them 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 cosh advances from on 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 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 port of your Account balance at any time. However you must pay at bast the Minimum
Payment Due by the Payment Due Date Send only your payment and the top portion of this statement in the envelope
pprovided. Do not send cash. 8 sending your check as dncribed 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. tf pa ent is processed as an eectronic fund hansbr, the transfer will be for the amount of
the check. When we use information from your check fo make on electronic fund transfer funds may be withdrawn from your
account as soon as the same 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 Hems with your payment, if you
send the payment to anyy ether address a if you use an envelope other than fM one provided. Poyments rocetwd in proper
form at our processing Facility byy SPM local time on any will be credited to your Account as of V103 yyment
received a? our procsssmg facihiy after 5PM ksrnI time will crsdihd to your Aeeount as of the neay. IF you how
mispksced your envelops, send your payment to Discover, PO Box 6103 Carol Sheam, ll 60147-6. Plsass aNow 7.10
days for delivery. IF your payment is returned unpaid, we reserve the rtg?f fo resubmit if as an electronic debit.
9651097
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
1.804347.2683. Automatic payments will be deducted on the Payment Due Date unless you request a recurring pa ment
date (e. . the 15th day of the month) that occurs before your Payment Due Date, If your scheduled payment date falls on o
weekend or bank holiday, your payment will be processed the business day prior to the weekend or bank holiday. In order
to schedule monthly poynronts b telepphone, you will need this statement and your bank account information. You will be
asked ?to provide the lost Four (4rdigits of the social security number of the primary borrower. By providing those numbers as
your ebctronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each pa ent 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 Salt Lake City, UT 84 1 3404 2 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 billing statement when your payment will 6 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
the Minimum Payment Due as listed on your monthly billing statement, your scheduled payment for that month will qbe
increased to cover the Minimum Payment Due. If the scheduled payment is greater than the Minimum Payment Due, any
excess will be applied in accordance with your Cardmember Agreement. If your scheduled payment is greater than the New
Balance on your billing statement, that payment will be proceased 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 + s ? Fixed Pays
Bank Routing #: , Bank Account #: , Frequency:
Credit Repornng. 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 ou believe that our report is inaccurate or incomplete, please write
us at the fallowing address: Discover. PO Box 15316, W lmington, DE 19850.5316. Please indicate your name, address,
home telephone number and Account number
Pad' 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 Cash
Advances.
How to Avoid Pa in Interest on Purchases ("Grace Period"
you paid- the New Tance 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 Purc aces that first appear on the current billing statement.
How We Apply Payments Mae Imoact Your Grace Period
yo1F^not pay your New a once in if 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 Calculate Interest Charges Daly Balance Me" (including currant transactions): We calculate interest charges
each billing period by first figuring the "dally 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
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 Merest 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.
We add up all the daily interest charges. The sum is the total interest charge for the billing period.
Haw We Include Fees
We add Balance Transfer Fees to the applicable Balance Transfer Transaction Cotegory We add Cash Advance
Fees to the applicable Cash Advance Transaction Category. We add all other fees to the standard Purchase
Transaction Category.
Balance Subied to Interest Rab. Your statement shows a Balance Subjectto 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 credo 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 51.00 or more after 6 months, or as otherwise
required by applicable law.
For D rr097 munications 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 Discoverocard 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 downloadoble, 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/paperless
X2010 Discover Bank. Membar FDIC
PAPER.0310
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9661097
Questions? Visit www.Discover.com or
call 1.800-DISCOVER (1.800-347-2683). DISCOVER
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# 9651097
Thomas F. Tuso
6011001230696207
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Discover Bank
vs.
Thomas F. Tuso
20, 12 JUL 23 Alf 8. 37
CUMBERLARD COU"'1 `,'
PENNSYLVAH14
Case Numb,
2012-4144
SHERIFF'S RETURN OF SERVICE
07/13/2012 04:12 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 13,
2012 at 1612 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Thomas F. Tuso, by making known unto Thomas G. Tuso, Father of Defendant at 7'4
Hilltop Drive, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same
time handing to him personally the said true and correct copy of the same.
RONALD HOOVER, DEPUTY
SHERIFF COST: $45.00
July 17, 2012
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
s_a , t" 5 i
s'l_~U-fl1=~E~
2~ 12 Al1G 13 PM 1 ~ 11
WELTMAN, WEINBERG & REIS~~~ty~~ A T~
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 # 9651097 SEE/SJS
Discover Bank, Through Its Servicing Agent
DB Servicing Corporation Cumberland County
Court of Common Pleas
vs.
No.: 12-4144 CIVIL
THOMAS F TUSO
PRAECIPE TO DISMISS WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss the above matter without prejudice .
WELTMAN, WEINBER &
By
Sarah E. Ehasz, Esquire
Attorney for Plaintiff
CO..~L.P.A.
JAMES M BACH
352 S SPORTING HILL RD
MECHANICSBURG, PA 17050