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HomeMy WebLinkAbout12-4860A,„ 2 i2AU6 -3 d It: g ^UMBERLA I ND COUNTY PENNS YLVA NIA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs WILLIAM G PORTER-LOVETT Defendant No: cw(A 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 09651095 C A Pit SJS Qua I ?jU-j??(0q 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 WILLIAM G PORTER-LOVETT 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 600 E KELLER ST MECHANICSBURG, PA 17055 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1613 . 6. Defendant made use of said credit card and has a current balance due of $1214.58 , as of April 30, 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 17.9906 per annum on the unpaid balance from April 30, 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, WILLIAM G PORTER-LOVETT INDIVIDUALLY , in the amount of $1214.58 with interest at the rate of 17.9906 per annum from April 30, 2012 until date of judgment and costs. William T. Mo czan 7437 WELTMAN, WEIN13ERG REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 09651095 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 $$000°'°"`° 30 SDSNrA01 0004281 WILLIAM PORTER-LOVETT 600 E KELLER ST MECHANICSBURG PA 17055-3425 Text APP to DISCOV• to receive a link to our free moue app and pay your bill in seconds from anywhere! PO BOX 6103 1111 111111111111 CAROL STREAM IL 60197-6103 EVu BIT Address, e-mail or telephone change? IIIIIallI,InIIIIIII I In1 ioiir,r,1n111111iinmiiIIIII Go to www.Discavw.com or print change in space above. 000001986457926162387000000000000000054500 opening um: April 3r Zu I A -losing Lars: Apni du Discover More Card Account Summary Account number ending in 1613 Previous Balance $1,214.58 Payments And Credits 1,214.58 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 New Ba(ancs - -- $600 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 $1,500.00 Cash Advance Credit Line Available $0.00 21.0 12 page I or L Payment Information New Balance $0.00 Minimum Payment Due $545.00 Payment Due Date May 25, 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 22.99% variable. Manag-) 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 ' 3 Easy Ways to Contact Us COSh ac (BanUSe 1 Access your account securely at www.D6cover.com Anniversary Month September 2. Call 1.800-DISCOVER (1.800.347-2683) Please have your Discovers card available Opening Coshback Bonus Balance $ 0.00 3. Write to us at Discover, PO Box 30943, Sak Lake City, UT 84130 (Not a payment address) New Cashback Bonus This Period + 000 For payments, please send to address on remittance or Cashb«k Bonus Balance $ 0.00 Discover, PO Box 6103, Carol Stream, IL 601 97-6 1 03 To Isom more, log in at www.Discover.com For TDD (Telecommunications Device for the Deaf) please call 1-800347-7449 assistance , Transactions Trans. Post Date Date Payments and Credits Apr 30 Apr 30 INTERNAL CHARGE-OFF $ 1,214.58 Fees TOTAL FEES FOR THIS PERIOD S 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2012 Totals Year-to-Date TOTAL FEES CHARGED IN 2012 $ 140.00 TOTAL INTEREST CHARGED IN 2012 65.72 9651095 i Minimum Payment Due Account Number ending in 1613 $545.00 Enter Amount Enclosed Below Payment Due Date $ May 25, 2012 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER' DISCOVER It pays to WIWAMPORTER-LOVETT Account number ending in 1613 --mcoy it page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Biting Period: 26 days TYPE OF BALANCE Purchases Cash Advances V = Variable Rate A EUA PERCENTAGE d SEC SS T TO INTEREST CHARGE RA (APR) RATE 17.99% V $0 $0 23.99% V $0 $0 Additional Important Information See your Cardmember Agreerrerd. 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 Sak 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. F t e ri lion of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe Ft is a mist. is. 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 tolled the amount in question, or report you as delinquent on Mat amount. The charge in question ma remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we mode 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 Rights N You Are Oissatisfted 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 poy the remaining amount due on the purchase. To use this right, all of the following must be true: 1 The purchase must have boon 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" 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 Cily, UT 84130.0945 While we investigate, the some rules apply to the disputed amount as discussed above. Aker 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 porfion of this statement in the envelope provided. Do not send cash. By sending your chock as described above, you authorize us to use information on your cheek to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the ppaayment as a check transaction. IF payment is processed as an electronic fund transfer, the transfer will be for the amount of the cheek. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we recoive 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 items with your payment, if you send flo payment to any other address or if you use an envelope other than the one provided. Paymen received in proper form at our processing facility by 5PM local time on any day will be credited to your Account as of that day. Payments received at our processing facility after 5PM local time will credited to your Account as of the 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 delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. 9651095 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 dc of the month) that occurs before your Payment Due Date. If your scheduled payment date fags on a weekend or bank holiday, your payment will be processed the business day for to the weekend or bank holiday. In order to schedule monthly payments telephone, you will need this statement and'your bank account information. You will be asked to provide the lost four (4?dig"r}s 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 byy you, from your bank account. You also outhonze us to initiate debit or credit entries to your bank account, as a icable, fo correct an error in the processing of such payment. You can cancel a scheduled payment by phone at 1-x 347-2683 or by mail at Discover, PO Box 30421 Sak Lake City, UT 84130A421, however we must receive notice at least three business days in advance of the scheduled payment. IF your payments may vary in amount, we win ten you on each monthly billing statement whnen your payment will be 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 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 ggreater 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 Kin 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: Credit Reporting. We may report information about your Account to credit bureaus. Late paymenh, 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. I_ f you believe that our report is inaccurate or incomplete, please write us at the Following address: Discover, PO Box 15316, Wilmington, DE 198545316. Please indicate your name, address, home telephone number and Account number P Irteresh Ws begin to impose interest charges on a transaction, fee or interest charge From the day we add it to the P7Wy Llance. 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 Paving Interest on Purchases ("Grace Period" It you paid the Now 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 2% Payments May Impact Your Grace Period If you o ry your Now balance in ull mT- on r, ten, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. Haw We Calculate Interest Charges Dish Balance Method (including current transactions): We calculate interest charges each billing period by first IN ing the "daily balance" for each Transaction Category. Transaction Cateeggories include standard Purchases, standard Cash Advances and different promotional balances, such as Balance TransFers. Hew We Figure 1M Daily Balance for Each Transaction Category We start with the betrning balance For each day. The beginning balance for the first day of the billing period is your balance on the ast 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 Tatal 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. • 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 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 Rote. Your statement shows a Balance Subject to Interest Rate. 0 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 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. Foqrr TDD elecanmunicalions Device for the Deaf) assistance, please call 1-800-347-7449. DRKIJ Ro Lnitor 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.Discovor.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 downloadable, password protected statements. e 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. i • Sign up today at Discavercom/paperkss 02010 Di.- Bank, Member FDIC I __. - - -- - PAPER.0310 Cn O z z m a 0 S S N O 9651095 Questions? Visit www.Discover.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 unworn 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. L WWR# 9651095 William G. Porter-Lovett 6011001071601613 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~4aptr at ~~~~Nbrrf~~~ ~~ ~ ~~~ ~~~~~~~~~~ ~' ~ ~~ ~.~ Z(l l2 AUG 16 AM ~~ 3 $ ~~q .~~ ?k i~l.+~. .~. ~~_ F~~EC~r~ssk~RiFF Ct1t'~~ERI.A Ct~~lNT ~~~~s~~v~-r~~A Discover Bank vs. Ciase Number William G. Porter-Lovett 2012-4860 SHERIFF'S RETURN OF SERVICE 08/13/2012 05:48 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, stapes that on August 13, 2012 at 1748 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William G. Porter-Lovett, by making known unto himseff personally, at 600 E. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contends and at the same time handing to him personally the said true and correct copy of the same. / COBAUGH, SHERIFF COST: $38.00 August 14, 2012 SO ANSWERS, }~~~-mot `^-. R ANDERSOW, SHERIFF c) CountySuite SheriN, Teleosoft, InC,.