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HomeMy WebLinkAbout12-6674IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation c-~ G t., ~'~ r ~' cry ~ Z~ ~ ~~"~ ~~ a ~ ~~ `~ ~ ~ `o . ..~ c7 { d PENNSYLV~1~ A ~ S "1 ~ y fs~ .. ~rn ~ -~ ~ c11 ~ Plaintif f No ; ' 2 - `/ ~ ~ ~i V ~ ~ / ~~~ vs . (Yl% COMPLAINT IN CIVIL ACTION RANDAL E ZEIGLER SR Defendant 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 09721387 C A Pit SJS .~ /03. ~s/,~J¢f~-- G# X0696+~F9 ,2,~ a81 u~b 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 RANDAL E ZEIGLER SR 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, business management services in support of Discover Bank business lines, including, among other things, credit cards, deposits, personal loans and student loans, customer service, collections, credit risk, collection of delinquent accounts and other support services. 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 3781 SPRING RD SHERMANS DALE, PA 17090 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4428 . 6. Defendant made use of said credit card and has a current balance due of $3492.54 A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1". 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. 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, RANDAL E ZEIGLER SR ,INDIVIDUALLY in the amount of $3492.54 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. o _ Wi i m T. Mo cz ,47437 WELTMAN, WEINBE & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR$# 09721387 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. Nsw Babncs ~ Minimum Payment Due DISC AVER so.oo s972.o0 Payment Des Dats July 25, 2012 29 SDSNBA010004510 RANDAL ZEIGLER SR 3761 SPRING RD SHERMANS DALE PA 17090-9606 Account Number ending in 4428 Enter Amount Encbsed Bebw ~~ Text APP ro DISCOV• to receive a link to our t~ mmnWpp and pay your l>iN in seconds PO BOX 6103 Illrssllnssalrllslsrlslrrl CAROL STREAM IL 60197-6103 Addrott,.moil «alephone ehange4 Irllnllnnrrlllrlrrlnrlrllnurllllnnrllrllrnnllulnll Go ro www.D'ucowreom «priM change in space above. ~~~ ~ ~ IT 000001986453563699856000000000000000097200 ----.~ Opening Dais: June 9, 2012 - Cbsing Dods: June 29, Discover More Card Account Summary Account number ending in 4428 Previous Balance 53,492.54 Payments And Credits 3,492.54 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Intero~ Charged + 0,00 New Babncs 50,00 See Interest Charge Cak;ulation section fdbwing transactions far detailed APR information Credit line 53,400.00 Credit line Available 50.00 Cash Advance Credit Uns 5400.00 Cash Advance Crodit Uns Available 50.00 ~ ""°•^•`~ °"'~~' Anniversary Month ~Y Opening Cashback Bonus Babnee 5 0.00 New Cashback Bonus This Period + O.Op Cadrbadc Beaus Balance 5 0.00 To learn man, toe in at www.Diecowr.com ~~,~ •- •- r..y. ~ yr Payment Inkrmation N.w Baksnc. So.oo Minimum Payment Dus 5974,00 Payment Dua Dah July 25, 2012 1a1. PaymerM Warning: If vre do not receive your minimum payment by the dab listed oboes, you may haw ro pay a lea fee of up ro 535.00 and your purchase and babnu transfer APRs F« new transactions may bs increased up ro the Penahy APR of 22.99% variable. Manage Your Account Online at www.Di:cover.cbm • Sseuroly aecexi staaments and (res online toot, pay biNs online and track and view aN transactions simply and easily • Make your money worth moron-find easy ways to sam and redeem cash rowards • NEWT Access your account securely Through your mobile phone 3 Easy Ways to Contact Us 1 Acesss your account seeunly at www.D'acowrcam 2. IAN 1.800•DISCOVER (1-800347•-2683) Please haw your Dixovere card avaib 3. Wria ro us at Discover PO Box 30943, Soh lake City, UT 841 §0 (Not a paymerM addrossi F« paymer~s, s• acrd ro address on remiRanee « Dixowr, PO b 103, C«d Stream, IL 60197.6103 F« TDD (telecommunications Device for the Deaf) assistance, please cap 1.800347-7449. Transactions T ~ ~ P Da le Dwe Paynrente aid C.ndiK Jun 30 Jun 30 INTERNAL CHARGE-OFf 5 •3,492.54 fws TOTAL FEES FOR THIS PERIOD S 0.00 Inareaf Chaged TOTAL RJTTEREST FOR THIS PERIOD S 0.00 2012 Totals Yt~Ir-to-Date TOTAL FEES CHARGED IN 2012 S 210.50 TOTAL INTEREST CHARGED IN 2012 10.04 9721387 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION D' VAR DISCOVER It pays a +~ RANDAL ZEIGLER SR ~Y~~ Account number ending in 4428 page 2 of 2 Interest Charse Calculation Your Annual Percentage Rate (APR) is NTS annul interest raT~ on your account. Currant Biliig Period: 21 days TYPE OF NWINCE ~~ ~ AGE ~ ~ ECT TO WTEREST Ct1ARGE Purche~ 17.99X V s0 ~ Cosh Advance: 23.99% V i0 SO Yalmree Tranders 0.00% s0 SO V .Variable Rds Add'iional Ynporfanf rrFamalion - See Your Cars6nesrrber AgreerrrerM. Your Cardmembsr Agreement cordoins aN Nre terms of your Account. Inst or slelen cards, Report immediately) Cal 1.80D•347-2683, wGa1 ro Do N You 11laisalr You FJnd A AWtak. On Your sror.meN IF you Think These is an error on your statement, writs to us d: Discover, PO Box 30421 Sole lake Cify, UT 8 4 1 30-042 1 In your hrllsr, give us NTS k~Nowmg information: • Account inkrmaNon: Your rroms and account numbsr- 17ofkrr amount. The Bogor amount of the wspechd error. • DeacrlQtion of Problem: If you think then is an error on your bill, describe what you believe is wrong and why you b.lisw d is as mTSta~- You must cordact us within 60 days afisr the error appearod on your statement. You must notify ua of any potentid err«s in~writi~. You may call us, but iF you do we aro nd roquired to imrostigds any potential errors and you may haw to pay TM amount in gwsfion. While we inwstigah wheNnr « rat then hoes been an err«, the fallowing aro irw: Ws cannel try to coeed N» amount in gwsfian, «nport you as delinquent on That amount. The charge in gwation may romain on your stdement, and we may continw to charge you interest on that amount. Buf, if we determine that we made a mistake, you will not haw to pay The amount in qussFion «ony interest «dher fees rak~tsd to the amount. While you do nd haw to pay tfu amount in gwsfion, ~ are roaponsible For the remainder of your balance. Ws can apply any unpaid amount against yaw credit imit. Your Rights ff You An DiseaefsRed Whh Your CndH Card Pur+dsgrs If you aro dissatisfied with the goods « services the you haw purchased wish yaw credit card, and you haw hied in good faith b carrel the problem with the merchant, you may haw Nn right rat to pay Nrs remaimng amount dw on Nw pwchasa. 7o use this right, aN of the fallowing must be trw: 1 TM pwehase must haw been mode in yaw home slate «within 100 milsa of your ewrent moiling addreu, and the purchase price must haw been m«e than i50. (Note: Neither of Nose aro necessary if your porches:. woes based on an advertisement ws mailed fo you « if we own Nw company Nrat sell you the goods « services, 2. You must haw used your coedit card for the purchase. Purchases made with cash advances from an ATM « with a check the accesses yaw credit card accounf do not qualify. 3. You must rat yet haw FuNy paid for Nrs purchase. If aN of the criteria above aro met and yw aro slit dissdisfied with the purchase, contact us coin w^itina d: Discover, PO Box 30945, Soh lake Ci yt , UT 84130A945 Whits w~ inwstigds, Nre same rules apply fo the disputed amount as discussed above. After we finish our inwstigafion, we wrll fell you our deciaon. At Nat point, if ws think you owe an amount and you do not pay we may roport you as delinquent. Paymenh. You mayppaay aY « port of your Account bakuxe d any hme. However, you must pay d least the Minimum Payment Ow by Nrs P.yment Dw Dde. Send only your payment and Mrs top portion of this stdernard in N» envelope ~~~ Do rat send cash. By sending your check as described above, you auNariu us to use informdion on your check Fo make an electronic fund honshr From your account d ihs Rnaneid irotihdion indicated on yaw check «b process ihs payment as o check iransaetion. IF payment is processed os an eleehonic fund transfer Nrs hanshr wiN be for Nw amount of the cheek. When we use informdian from your check to make an eleeh~onie fund hansfer, funds may be withdrawn from your «courd os soon as tln acme day ws receive yaw payment, and you will rat receive your check back From your financial institution. The proe~asing of your payment may bs deksyed if you send wsh, correspondence «ocher items wish your payment, if you send 1M payment fo any ether address « if you use an envelope ocher Nan Nre one provided. Payments received in proper Form d our processing facility 5PM toed hme on any ~, wit be credited to yaw Account as of Nwt day. Paymerda revived atyyooow p-oceasmg facdi after 5PM kxal time wiN 6e credited to your Aeeowit os of the nerd day IF you haw deliw en IvF ~~ ~d ~ ~~errt a Discover, PO Bwc 6103 Carol Stream, IL 60197.6103. Please lbw 7.10 ys ry. yaw payment a rehxned unpaid, we reserve the rig~it to rowbmit N as an electronic debit. 9721387 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION 1.~1 You can pay r monthly Minimum Payment Dw, ar a ggr~eater amount that does red exceed your current Aeeount balance, over Mrc or you can setup automatic paymsrdsihrough ocustomer service represenbtiw by calling 1-80Q347. 683. Automatic payments wiN be deducted on the Paymait Dw Dde unkas you roquest a retuning pa erd doh (e. .the I Sth of the morMh)1Frat occurs bsforo your Payment Dw pats. IF your xhedvbd payment dots fobs on a week « book hot, your payment veil be processed the business do~y rior to 1M wwkend ar bank holiday. In order b schedule mardhly payments by ~ you will need this statement your bank account information. You will be asked ~b rovide the kssf four (4 digib of tfie solid security number of the pnmary borrower. By providing those numbers os your chthonic signd11fe, you will be agreeing b this authorization b albw us and your honk b deduct each pa ent aulhwize, in Mrc amount selected by you, bom your bank xcounf. You also aulhorrze us b inHiah d.ba or credit enfnes~to your bank account as applicable, b conccf on error in the processing of such payment. You care cancel a xheduled payment by phone~at 1 347--2683 or by mail at Dtxowr PO Box 30421 Sak lake City, UT 841340421; however we must receive notice at Nast Mrec business days in advance of the xhsdulsd payment. If your payments may vary in amount, ws wiR tell you on each moMnthhh,, biAing statement when your payment wiH be madc and how much B will be. You must ensure that sufficient funds aro waiksfslc in your bank account, and all transactions must comply with U.S. low. You can sot automatic payments Far (i) statement Nsw Babnce, (ii) statement Minimum Payment Dw, (iii( statement Minimum Payment Dw plus a fixed ddbr amount, ar (iv) a fixed ddbr amount. IF your xhedukrd faced payment ~s not cn h to cover the Minimum Payment Due as listed on your monthly bruN_ ing -shtemenf, your xheduled paymerd for tfrot mordh will increased to cover Mro Minimum Payment Dw. If Ihs Mdulcd payment is ggreater than the Minimum Paymsm Dus, any excess wiN be a~ied in oecordanea with pour Cardmember Agreement. IFyour xheduled payment is greater than the Nsw Bobnce on ycwr' billing swtanent, thaF payment will bs processed only for the amount of your Nsw Balance. Your automatic payment amount may bs Ices than the amount indicated on Ihs periodic statement based on credits or poymsrds aNer the Closing Dah. IF you enroll by phone in our automatic payment service, please fill-in the FoNowing blanks bcbw and retain the authorization for your records. Amount: ^ fuH Pay ^ Min Pay ^ Min Pay + S ^ Fixed Pa S Y m Bank Routing #: -Bank Account #: ,Frequency: r°n Credt Repaii+g. We may report information about your Account fo credit bureaus. Late paymenh, missed payments, or ~ other dcfauNs on your Account may be reRechd in your crodif rr~.p~oorrtf. W~ normaNy roport the status and payment history of ° your Account b credit sporting agencies each month. IF Ixliws that our is rnxcwah or incomplete, please write g us at the foNowing address: Dixover, PO Box 1531 b, Wilmington, DE 198546. l'leose indicate your name, address, g home telephone number and Account number. ~„ P fnleresh W~ beain to impose inhrosf charges on a harnnaetion tae or inhrost charge from the day we add it to the X doily lance. We c mw to impose inhrosf charges until you pay foie total amount you owe us. You care avoid paying u, interest on Purchases as dexribed bebw. However, ppu cannot ovoid paying interest on Bobnce Transfers or Cash Advances. How b Arvid Payiglnt~erest on Purchases 1"Grace Period'1 fF y-o"u-po~New 8alarrci on your~prertorn i-6 i'11 ng 'stdemeM by the Payment Due Doh shown on that billing statement, we will not impose inhre~ charges on new purchases or any prtion of o new Purchase, paid by the Payment Dw Date on your current billing stahmard. New Pwchases an Purc~ases that first appear on the cumrrf bitlir-g statement. Now W~ A4gy Payments Mav Imaad Your Grace Pxiod ii you ao nor pay your New e m mo en, depending on tlw balance to which we apply your PaYrn~, You may oat get o grace period on new Purchases. Flwv Wi Cakulale frMsrsst Charges 1)sciy bdance Method (erdudirg eurrerN trasactiena): We eakuksh irderest charges each biNing period by first figuring the daily babrN'w for oath Transaction Category. Transaction Cotegcxiss include standard Purchases, standard Cash Advances and different promotional bakxrcss, such as Balance Transfers. How Wi figuro Ilse Defy balance far Eath Tsrnsaclien t_alegery We start with Mrs inning baksnp for each day. The inning balance for the first day of Mro billing period is Your balance on the day of your previous billing psri • We add any interosf charges accrued on the previous day's daily baance and any new transactions and Foss. We add any new 1-ansactions or fees as of the later of th,s Transaction Dab or the first day of thrs biNing period in which Mrc transaction or Fee posted b your Account. • Ws subtext any new credits and payments, W~ make other adjustments (including those adjustments required in ihb "Paying Interest" section). How W~ Figwe Your Total krterest Charges • We muMiply the dai baance for exh Tronsxtion Category by its daily periodic rate. W~ do this for each day in the billing pxiod. This gives us the irrMest charges for sxh Transaction Category. To get a doily periodic rate, we divide iM APR Mat applies Fo tM Transaction Category by 365. W~ add up all the doily interest charges. The cam is the tabl interest charge for the billing period. How W~ 4rchsdc Fees We add Baksnce TransFer Fees to tM applicable Balance Transfer Transaction Calory We add Cash Advance Fees fo the applicable Cash Advance Tronsaetion Category. We add all other f to {hs standard Purchase Transaction Category. balance Subject tb ksNrest Rats. Your slolcrrtent shows a Balance Subject b Interost Rah. It shows Ibis for each honsxtion category. The Balance Subject b IMcrsst Rob is the average of fha daily balances during Mrs billing period. Credit balances. If yaw Account has a credit baksncc, the amount is shown on Mrs Front of your biAing statement. A credit bobnce is money that is owed b you. You may make charges against this amount if your Account is open. We will send you a rotund of any rensammg balance of S 1.00 or moro aNer b months, or as otfarwise rsquved by applicable law. For TDD (Telecararrunicotions Dwice for rre DeaF) assislonce, please cab 1.800.347.7449. Dis~ ~ and/or record telephone calb between you and Dixowr reprosentafiws For quality severance purposes. The Dixowrmcord is issued by Dixowr Bank, Member FDIC RZNFEOOI QtJ@ShOnS? Visit www.Disoov~r.com or call 1.800-DISCOVER X1.800.347-2683). DISCOVER Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloadable, paasword protected statements. • See your statement as soon os 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 of Discovercan/paperless oso~o oiuow, tit, M«•6., rac PAPER0310 W O 0Z) 3i D _O N NO X N 9721387 QUOS110115~ Visit www.Discov~r.com or call 1.800-DISCOVER (1.800-347-2683. DISC~'1/ER VERIFICATION The undersigned does hereby verify subject to the penalties of i18 PA.C.S. §4 04 relating to unsworn falsifications to authorities, that he/she is ~ ` c ~ a p I ~~ o a ,~ (Name) Leeal Placement Account Mana eg_ r of DB Servicing Corporation servicing affiliate for (Title) (Company Discover Bank ,plaintiff herein, that he/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 his/her knowledge, information and belief. (Signature) WWR# 09721387 RANDAL E ZEIGLER SR 601 1 0072 1365 4428 - _ _~ __ ____ _T ~._e SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson }~ i~~~~~~~-+~ Sheriff ~: ~~ ~t~DTf~~~Q~,~i~'i' ~~uti~tr c' ~'rrarr6,rrr~~~ Jody S Smith ~ - 2012 tday -9 AM 8: 3~ Chief Deputy ~ t ,:~, ~'~,j, Richard WStewart -" -• CUF'I'BERl.Q~p COUNTY Solicitor ~r~ ~~ ~,~ -~~ .uGr~~~ f'ENNSYLWANIA Discover Bank Case Number vs. Randal E. Zeigler, Sr. 2012-6674 SHERIFF'S RETURN OF SERVICE 11/01/2012 03:27 PM -Deputy Ronald Hoover, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Trisha Zeigler, wife of defendant, who accepted as "Adult Person in Charge" for Randal E. Zeigler, Sr. at 3781 Spring Road, Middlesex Township, Shermansdale, PA 17090. ~A~' RONALD HOOVER, EPUTY SHERIFF COST: $34.00 November 05, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF iG Ccur;,y5uiie Shariff, TelAoSnft, Inc.