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Home My WebLink About12-4265FILED-OFFICE OF THE PROTHONOTAIR'Y 2012 jUL -9 PH 1: 39 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plai.ntif f vs. No : 19-OLDS 6-0( ? COMPLAINT IN CIVIL ACTION JOSEPH D WISSLER JR Defendant FILED ON BEHALF' OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 09676720 C A Pit SJS a,uk v1 C? ?d .A. ?yyd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY4V%NaA0FFXE CIVIL DIVISION Ml( PROTHONOTARY n ? ?UL -9 Ft } ? 31 Discover Bank, CUMBERLAND OUTY Through Its Servicing Agent, PENNSYLVANIA DB Servicing Corporation Plaintiff vs. Civil Action No JOSEPH D WISSLER JR 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 t e court without further notice for any money claimed in the complain 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 ET FORTH BELOW TO FIND OUT WHERE: YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLt TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGA 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, i 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 t 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 3531 ROLO CT MECHANICSBURG, PA. 17055 5. Defendant applied for and. received a credit card bearing the account number XXXXXXXXXXXX8434 . 6. Defendant made use of said credit card and has a current balance due of $3166.62 , as of May 17, 2012 . 7. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable t Plaintiff. 8. Plaintiff is entitled to the addition of interest at the rate lof 17.9906 per annum on the unpaid balance from May 17, 2012 . A copy) of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1'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, JOSEPH: D WISSLER JR INDIVIDUALLY , in the amount of $3166.62 with interest at the rate of 17.9906 per annum from May 1,7, 2012 until date of judgment and costs. U William T.Iolcz ,47437 WELTMAN, WEINBER & REIS CO., L.P.A. 436 Seventh Avenue, Suite 14001 Pittsburgh, PA 15219 (412) 434-795 5 FAX: 412-338-7130 WWR## 09676720 C A Pit SJS This law firm is a debt collector attempting to collect this debtor our client and any information obtained will be used for that pure se. DISCOVER New Balance Minimum Payment Duel $3,166.62 $268.00 Payment Due Date June 5, 2012 10 SDSN6A01 0012657 JOSEPH WISSLER JR 3531 ROLO CT MECHANICSBURG PA 17055-5893 Address, e-mail or telephone change? Go to www.Discover coon or print change in space above. Account Number ending in 8434 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 71084 lllrul?unnllll...l.loll CHARLOTTE NC 28272-1084 Illlllllnlllll111Inl)Illliolllllllnlllllnllrllllnl 000001986452948911507031666200000000026800 Opening Dab: April 11, 2012 Closing Daft: I Discover More Card Account Summary Account number ending in 8434 Previous Balance $3,085.67 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 35.00 Interest Charged + 45.95 New Balance $3,166.62 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $3,000.00 Credit Line Available $0.00 Cash Advance Credit Line $400.00 Cash Advance Credit Line Available $0.00 Cashback Bonuse Anniversary Month June Opening Cashback Bonus Balance $ 0.00 New Cashbook Bonus This Period + 0,00 Cashback Bonus balance $ 0.00 To learn more, lab in at www.Discovw.com 3 Easy Ways to Contact Us 1 Access your account securely at www.Discover.com 2. Call 1.800-DISCOVER (1.804347.2683) Please have your Discoverecard available. 3. Write to us at Discover, PO Box 30943, Sant Lake City, UT 84130 (Not a payment address) For payments, lease send to address on remiRance or Discover PO Box 6103, Card Stream, IL 60197.6103 For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-3417-7449, ), 2012 as Payment Information New Balance Minimum Payment Due* Payment Due Date June 5, 2012 'Includes past due amount of $167.00 Lab Payrnent Warning: If we do not receive your minimum payment by the date listed above, you may have 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 22.99% variable. Minimrm 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: atsdcs no You will pay off-the Ail i04 char" bofg ' shows .*o ug pw#V an No card a? this ataMment i t w4 * 6nth you pay. r about: Only the minimum 11 years $6,346 - payment If you would like information about credit counseling services, call 1-800-3,47,1121 Manage Your Account Online at www.Discavor.com • Access free online tools like Poydown Planner to create a plan to y down your balance securely access statements, pay bills online and easily track all transactions • Make your money worth moresm-find easy ways to sam and redeem cash rewards • NEWI Access your account securely through your mobile phone Transactions Trans. 676720 Dab aytnerds and Credits Apr 21 Apr 30 Post Dab Apr 21 PHONE PAYMENT THANK YOU Apr 21 RETURNED PHONE PAYMENT $ -65.00 65.00 Fees May 5 May 5 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 45.95 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 0,00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISCOVER It pays to JOSEPH WISSLER nding in 8434 DISCOVER Account number en page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. CmTwd Bling Period: 30 days TYPE OF BALANCE ANNUAL R?ERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE Purchases 17.99% V $3,107.82 $45.95 Cash Advances 23.99% V $0 $0 V Variable Rate AddWanal Irrrporkmt Infmmatim See your Cardmember Agreement. 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, 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 Pcri lion of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe isesa mists cs. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in wrdin . 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 iRfahts N You Are D&saffsRed 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 hied 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 hue: 1 The purchase must have been made in your home state or within 100 miles of your current moiling 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 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 part of your Account balance at any time. However, you must pay at least the Minimum Payment Due by the Payment 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 fo 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 pa Cent 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 yyour payment may be delayed if you n send cosh, correspondence or other items with your payment, if you send the payment to any other addreu or if you use a envelope other than the one provided. Payments received m proper form at our processing facility b SPM local time on any dayy will be credited to your Account as of that day. Payments received at our processing facility otter PM local time will bs credited to r Account as of lfrs next day. If you have misplaced your envelope, send your payment to Discover PO Box 6103 Carol Stream, IL 60197.6103. Please allow 7.10 days for detivery. If your payment is returned unpaid, we reserve the rig?it to resubmit it as an electronic debit. 9676720 NOTICE, SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISC*VEI You can pay r monthly Minimum Payment Due, or a greater amount that does not exceed your current Account balance, over the tor you can setup automatic payments through a customer service representative by calling 1.800-347- 683. Automatic payments will be dsduded on the Payment Due Date unless you request a recurring pa ant date (e.g. the 151h day of the month) that occurs befoh your Payment Due Date. IF your scheduled pbaayment date rods on a weeks nndd or bank holiday, your payment will be processed the business day prior to the weekend or nk holiday. In order to schedule monthly payments b telephone, you well need this statement and your book account information. You will be asked to provide the last four (4?digi of the social security number of the primary borrower. By roviding those numbers as your electronic 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 debt or credit entries to th your ban k account, as ap rcable , to corned an or in the processing of wch payment. You can cancel a scheduled payment by phone at 1.8347-2683 or by mail at Discovx PCI 3042 Box 1 Salt Lake City, UT $4130-0421 however we must receive notice at least three business days in advance of the scheduled payment. IF your payments may vary in amount, we will tell you on each monthly billing statement when your payment will be made and how much it will be. You must ensure that sufficient funds or availab in your bank account, and ad honsadions must comply with U.S. law. You can set automatic payments for- (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed dollar amount, or (iv) a fixed dollar amount. If your scheduled fixed payment 1s not enough to cover the Minimum plus Due as listed on your monthly billing statement, your scheduled payment for that month will Be increased to cover the Minimum Payment Due. If the scheduled payment is greater than the Minimum Payment Due, any excess will be applied in accordance with your Cardmember Agreement. If your scheduled payment is greater than the New Balance on your billing statement, that payment will be processed only for the amount of your New Balance. Your automatic payment amount may be less than the amount indict on the periodic statement based on credits or payments after the Closing Date. If you enroll by phone in our automatic payment service, please fill-in the following blanks below and retain the authorization for your records. Amount: ? Full Pay ? Min Pay ? Min Pay + Z ? Fixed Poy$ m Bank Routing #: Bank Account #: , Frequency: co °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 r rt is inaccurate or incomplete, please write g us at the following address: Discover, PO Box 15316, Wilmington, DE 198545316. Please indicate your name, address, N home telephone number and Account number m P Interest We begin to impose interest charges on a transaction, fee or interest charge from the day we add it to the m daily balance. We continue to impose interest charges until you pay the total amount you owe us. You can avoid paying w interest on Purchases as described below. However, you cannot avoid paying interest on Balance Transfers or Cash Advances. How to Avoid P$daq Interest on Purchase 1"Grace Period"1 IF you paid the NOW a e 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 an prtion 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 Ap%Payments May Impact Your Grace Period IF you rata y your Now Balance, in tull each month, then, depending on the balance to which we apply your payment; you may not get a grace period on new Purchases. Haw We Cakukde krterast Charges Daily Balance Ms&od (including tuned 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 Tast 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 on new transactions or fees as of the latex of the Transaction Date or the first day of the billing period in which the tronsodion 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 Fig" Your Total Interest Charges We multiply the dolly balance for each Transaction Category by its daily periodic rate. We do this for each day in the billing CA od. his gives us the interest charges for each Transaction Category. To get a daily periodic rate, we divide PR 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 biding 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 Subjed to hterast 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 o 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 $1.00 or more after 6 months, or as otherwise required by applicable low. For TDD (felecamnrunications Device for the Deal) assurance, please call 1-800-347-7449. D@$Wfl*(? onitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discover®card is issued by Discover Bank, Member FDIC RZNFE001 Questions? Visit www.Discom.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. • Print a paper copy of your statement anytime. • Sign up today at Discovercom/paperless i • - 6u2010 Di.ov Bank, Member FDIC PAPER.0310 Transactions co 0 Tram. Post cont.' Dole Data o g tiwr.st charged TOTAL RdiEREST FOR THIS PERIOD $ 45.95 N Lh 2012 Totals Year-to-Date TOTAL FEES CHARGED IN 2012 $ 95.00 TOTAL INTEREST CHARGED IN 2012 229.38 9676720 Questions' Visit vwwv.Discover.com ar 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 Szczy igiel, Legal Placement Account Manager (Name) (Title) of DB Servicing Corporation successor to DFS Services LLC servicing agent for Discover Ban (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# 9676720 Joseph D. Wissler 6011006189608434 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i'4uw st cuftbe??po OFFICE 0; THE $ RIFF . ILED F tart FROTH Y Jody S Smith Chief Deputy Richard W Stewart Solicitor 21032 UL 30 0 CUM £RLAND KNNSYLV 9= 03 Y Discover Bank vs. Case Number Joseph Wissler, Jr '2012-4265 SHERIFF'S RETURN OF SERVICE 07/25/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he mode diluent sea and inquiry for the within named defendant to wit: Joseph fteler, Jr., but was unable to him in bailiwick. He therefore returns the within Complaint and Notice as not found as to the nt Jose; Wissler, Jr. Request for service at 3531 Rolo Court, Mechanicsburg, Pennsylvania 1705 is vacant. 1 date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for the Defendant. SHERIFF COST: $43.00 July 25, 2012 SO ANSWERS, 1 4 (c) County5uite Sheriff, Teleosoft, Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~~,iv of ti~tuut~rr{,~~,# r C~JMB~HLAND COt~1dT`~, PENf~SYLVAt~fA Discover Bank Case Number vs. 2012-4265 Joseph Wissler, Jr SHERIFF'S RETURN OF SERVICE 11/01/2012 08:03 PM -Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Joseph Wissler, Jr at 335 Wesley Drive, Apartment 312, Lower Allen Township, Mechanicsburg, PA 17055. SHERIFF COST: $48.00 November 05, 2012 0 .~~ J ON KINSLER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ~ ~ cry, ~ ~;t~ s~,F