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Home My WebLink About12-6675IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. VICTOR MARTINEZ Defendant c-y C ~ . -~; "'~ ~ f'rf ~ r rya ~ ~ ~ `-~ f~ t ~t Z ~ --~ r" ~ ~ N t"' '"~ ~' N tt? t~j ~J t' ~ ---1 C.l ~ -rt ~ a o PENNSYLV ~ ~ --t ~ ~ -'~ -~: No: '2 - 66'1 ~ ~IU1L ~` ~~ 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 09720878 C A Pit SJS X03 7s~lo~ ~~~~~~~7 WELTMAN,WEINBERG & REIS CO., L.P.A. BY: William T. Molczan Attorney for Plaintiff(s) I.D.No. 47437 436 7th Ave Ste 1400 Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File # 9720878 WTM/SJS Discover Bank, Through Its Servicing Agent DB Servicing Corporation Cumberland County `" ; Court of Common Pleas vs. e No.: 12-6675 CIVIL TERM -- VICTOR MARTINEZ - :) PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBERG & REIS CO., L.P.A. Byj+ William T. Molczan, Es ire Attorney for Plaintiff 111111IIIII111111111 HUM 11111 Mill 111111111111111 Inn IINHI 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 VICTOR MARTINEZ 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 128 TORY CI ENOLA, PA 17025 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7468 6. Defendant made use of said credit card and has a current balance due of $1649.89 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, VICTOR MARTINEZ ,INDIVIDUALLY in the amount of $1649.89 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. ~' W1 iam T. Mo~czan,4 37 WELTMAN, WEINBERG & IS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 09720878 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. DISC ~VER s"o ~ °'°r"`° 29 SDSNBA010003591 VICTOR MARTINEZ 128 TORY CIR ENOLA PA 17025-2678 Text APP to DISCOV' to receive a Link to our tree moblke app and pay your 6111 in seconds from anywhere) PO BOX 6103 Illsrsllssssslrllslsslslsrl CAROL STREAM IL 60197-6103 Address,emailortelepllorwcharrge4 Ir~~u~~nnu~~~s~u~ndr~~nnr~~l~un~~~r~~uu~l~ulu~l Go to www.Diecewrcom or print change in spats above. ~ ~ ~ ~~ 00000198645752032991100000D000000000045400 v~~e:.tune o, ~ t ~ - s,wstng vote: rune ~, Discover Open Road Card Account Account rwmbx ending in 7468 Previous Balance 61,649.89 Payments And Credits 1,649.89 Purchases + 0.00 Balance Transfers + 0.00 Cash Advvmces + 0.00 Fees Charged + 0.00 Interost Charged + 0.00 Nsw Bo nce .00 See Interest Charge Calculation section Folkswing tronsadions For detailed APR inkxmation Credit Line S 1,500.00 Credit line Available 60.00 Cash Advance Credit line 6200.00 Cash Advance Credit Line Available 60.00 Cdshback BOnUSe Anniversary Month August Opening Cashback Bonus Balance 6 0.00 New Cashback Bonus This Period + 0.00 Cashb«k Ronus Balance S 0.00 to Iwrn man, b8 In a wvwv.Discoveroom page 1 of 2 2012 Payment Information New Balance 60.00 Minimum Payment Dw =454.00 Payment Dus Dots July 25, 2012 Lots Payment Wan=ing: IF we do not receive your minimum payment by the dale listed above, you may haw to pay a late he of up b =35.00 and your purchase and balance hansfer APRs For new hansactions may be increased up to ihs Penahy APR of 24.99X variable. Manage Your Account Online at www.Ditlcover.com • Securely accsx sfaMments and Free online tools, pay biNs online and track and view all tronsadions simply and easily • Make your money worth morel-find easy ways to cam and redeem cash rewards • NEW! Accex your account securely through your mobile phone 3 Easy Ways to Contact Us 1 Access your account securely of www.0ieeowr.com 2. Cdl 1-800-0ISCOVER (1-80Q347-2683) Please haw your Discovers card available 3. Write to us at Discover, PO Box 30943, Sah lake City, UT 84130 (Not a payment oddnss) For payments, ~ send to addrex on remiMance or Dixover, PO Box 6103, Card Stream, IL 60197.6103 For TDD (Teleeommunieaions Device for the Deaf) assistance, please cot 1-800.347-7449. Transactions ~s. P ~ Paymenb and Credits Jun 30 Jun 30 INTERNAL CHARGE-OFF 6 1,649.89 Fees TOTAL FEES FOR THIS PERIOD S 0.00 Interest Charged TOTAL N(TEREST FOR THIS PERI00 S 0.00 2012 Totals Yearto-Date TOTAL FEES CHARGED IN 2012 S 236.26 TOTAL INTEREST CHARGED IN 2012 23.18 9720878 Minimum Payment Due Account Number ending in 7468 5454.00 Enter Amount Encbsed Below Payment Ow Date Jay 2s, 20I2 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DI E~ DISC€'~VER _ --pays __-_ ~ VICTOR MARTINEZ If b Q~aY~__i Account number ending in 7468 page 2 of 2 Interest Charge Calculation Your Annul Psreenbgs RaN (APR) is the annul inbreat rate on your «counf. Current Rr~lirrg Period: 24 days ME OF F1AlANCE ~ ~ AGE BASF ~ ECT TO N~1IEREST CHARGE Purchases 0.00X SO s0 Cash Advarras 23.99% V SO SO V = Variobk Rats Add'Aisnd tnporlarM InForsnation Sss year Cardmwrrber Agrrenrerrf. Yaw Cardmember Agrsernent contains aN the terms of your Account. Lost or slslen cards. Report immediafelyl Cal 1800.347-2r143. tMsot To Do ff rov Tlsfrsk You Fled A Midako On rout Sfahrnonl If you think There is an error on your stdement, writs b us at: Discover, PO Box 30421 Sak lake City, UT 8 4 1 30-042 1 In your letter, give us the folk~wrrg information: • Account information: Your name and amount number. Dollar amounh The dollar amount of the wspsded error. QsseriaNon of Problem: If you Think then is an error on your bill, describe what you believe is wrong and why you believe d is a mfg You must contact us within 60 days aRer itw error appeared on yaw statement. Yw must notify us of any poNntial errors in ~~. You may call us, but iF you do ws aro nd required b investigate any poTential errors and you may how b pay IT~wM in question. While we investigate whell»r or not then hoe been an error, da fdbwing aro has: We cannel try b coNed IFn amount in question, or roporf y~v as delinquent on Mwt amount. Ths clforge in question may remain on your stakrneM, and we may coMima b charge you inMreat on the amount. BuT, if we determine that we made a mistake, you wiN not have fo pay the amount m question or onY inhreq or other fees rotated ro fhd amount. While you do not haw b drs amaxd in question, you aro responsible for the romaindsr of your bakxice. • Ws con apply any unpaid amawd against your crodif limit. roar iRldtt'e H You Art Disw/ir»o1 tAIFNt tour CrseNf card Punha,.s If you aro diaadisRed with the goods or services d+d you how purchased with your erodif card, and you haw tried in good faith b correct the problem wish ifre merchant, you may how the right not b pay the ranaining amount due on the purchase. To use this right, all of the FoNowing moat bs has: 1 The purchase moat haw been made in your home slate a within 100 miles of your eumnt moiling address, and the purchase price moat haw been moro than s50. (Note: Neither of these aro necessary if your purchase was based on on advertisement ws mailed byou or if vw own the company that sold you The goods or services.) 2. Yw must haw uasd your crodif card For fhs purchase. Purchases made with cash advances from on ATM or with a check 1Fwt «ceaasa yaw credit card «counf do not qualify. 3. You must not yet haw fuNy paid for IM purchase. IF oN of tM criteria above aro met and yy aro stiN dissatisfied with the purchase, contact us in wrBin ar: Discover PO Box 30945, SoM lake Cify~UT 84130.0945 While we invssfigoN, the same rules apply b 1M disputed amount as discvsaed above. ARsr we finish our investigoNon, we wiN tell you our decision. At that point, if ws Ihink you owe an amount and you do not pay we may roport you as delinquent. Payarsrrts. You may pay all or part of your Amount balance at arty time. However, you must pay at least fhs Minimum Payment Dw by the Payment Due Dots. Send only your payment and the top portion of this atahmsnt in the envelgss ~~~ Do not send eaah. BYY sending your check a: deuribed above, you audwrizs us to ass information on your chock b make an electronic fund tronshr From your amawd d the financial institution indicated on your check orb The payment as a check tronsadion. If payment is processed m an electronic fund honsfir the tronsfsr wiN bs for Th.~ m ant of (hs~ check. When ws use information from yaw cheek b make on sksctronic fund hans~sr, Wnds may be withdrawn from your «count as soon as the same day we receive your payment, and you wiN not roceivs your check b«k From yrwr financial insfituHon. The processing of your payment maybe deksysd iF you send cash, c:orresporrdeoce or other items with your payment, if you send Hro payment to ~y other addreu or if you use an enwbpe atlwr Than the one provided. Paymsnh recsrnd m proper Form of our prouasing f«ility 5PM kxal time on arty day wiN bs crodihd to your Account os of that day. Payments received at~oxuwr procssstng faeJr after 5PM local time wiR 6e crodited b your Account os of the next day. If you haw mdays delivery. IF y~r~paymer~is r~msd n paid,, vre roaerve the ~g~itCto rewbm' 'it d as~19electro~ic dsbi~» alksw 7.10 9720878 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION D ER You can pay r monthly Minimum Payment Due, or a greater amount That doss not exceed your current Account balance, over dre one or you can setup oulamatie payments through a customer service ropresentahw by caAing 1-804347. 683. Automatic payments wiN be deducted on Ihs Payment Dw Dote unless you request a recurring payment dale (s. .the 15th day of the month) That occurs baton your Payment Des Dab. IF your xhedulsd payment date Fella on a weekend or bank holiday your payment wiN be processed the busineu day prior ro the weekend or bank hdidoy. In order ro xhedule monthly poyminta telepFwrre you wiN need this statement and your bank account information. You will be asked ~to pprrovide tM lost four (4~dig' s of the social security number of the primary borrower. By providing those numbers as your etechonic sigrafure, you will be aigrseirig ro this sullarization fo aNow us and your bank ro deduct sock poymer~ you aulFrorize, in the amount selected byy you, From your bank account. You also outhonze us to initiate debit « credit erdriss to your bank account, as a rcable to correct an error in d» processing of such payment. You con cancel a sdrsduled payment by phone at 1-347-12683 or by mail at Dixowr, PO Box 30421 Sah lake CHy, UT 84130A421, however we must recerw notice of Isast throe business days in advance of the scheduled payment. IF your payments may vary in amount, we wiN tell you on oath monlFr_ly biting aiaFement when your payment wiN be made and how much it wiN be. You must arrests that sufficient (ands are avails in your bank account, and all hansactions must comply with U.S. law. You can set automdic payments for• (i) slafernent New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Oue plus a fixed dollar amount, or (iv) a fixed doNor amount. If your xladuled fixed payment rs not enough ro cover the Minimum syment Due as listed on your monthly bi~Ninggs~la~lement, your scheduled payment for shad month wiN F» increased ro cover dre Minimum Payment Due. IF the xMduled payment is tareater than tM Minimum Paymsrd Des, any excess wiN be in aeeordance with you- Cardmsmber Agrsement.l-your xMdukd payment is groabr Ihan Bw Nsw Balance on your iNing srotement, that payment wiN be processed only for N» amount of your New Balance. Ywx automatic ppaayment amount may bs Isss than the amount indicated on the per'adrc stdemerd based on credits or payments aRsr the Ciaairrg Dab. IF you enroll by phone in our automatic payment service, please fill-in the following blanks babes and retain the authorization For your records. Amounts ^ Full Pay ^ Min Pay ^ Min Pay t S ^ Fixed Pays , Bonk Routing #: :Bank Account #: ,Frequency: Crodit . We may report information about your Account ro credit bureaus. late payments, missed payments, or other deFauNs on your Account may t» roAecled in yaw credit roport We normally report the status and paymad history of your Account ro credit reporting agencies each month. IF ices that our ropo~ a rnaccurots or irxomplete please write vs ad ihs following addreu: Discover, PO Box 15316, rlmirrgton, DE 19851 531 b. Please indicate your name, address, home telephone number and Account number d: We begin to impwe inbnst charges on a transaction fee or ir~srest charge from the day we odd N to the daily e. We confines ro impose interest charges until you pay tie total anount you owe us. You rnn avoid poy~ng interest on Purchases as dexribed below. Howswr, you cannot avoid paying interest on Balance Transfers or Cash Advances. H _ h~Avoid Pavina Interest on Purchases ("Grace Period"1 Ilyou pea a an your prwaus 6iNing statement by 14rs Payment Dus Dab shown on that billing statement, ws will not impcue inbrest charges on nwv Purehoaes or any prtion of a new Purchase, paid by tM Payment Dus Dots on your current bit ring slafemerd. New Purchases oro Purc~asss that first appear on the curnnt billmg statement. How We A~,ly Payments Mau Imoaef Your Grace Period yo~rat pay your1T15a s n eat m , depending on the balance to which ws aPPIY Your PaYm~~ you may rat get a grace period on new Purchases. Hew We CdculaM 6stsrest Charges Daly balaats J1Ae11sed (ndudir9 current transactions): We cakulab interest charges each billing period by first figuring tl-s "doily balance" For each Transaction Category. Transaction Categories include standard P~i-rchases, standard Cash Advances and different promotiorwi bakmcss, such as Balance Transfin. How We Fgrwe the Daly Balaace for Each Tronsactioa Category • We arort with tM beginning bobnee for each day. The beginning balance For the first day of ihs billing period is your balance on the lost day of your provious billing period We add any interest chorgea accrued on the previous day's daily balance and any new tronaacfions and Fses. We add mry new transactions or fees as of the labr of the Transaction Date or the first day of the billing period in which the honsaction or Fes poabd to your Account. We wbhact any new credits and payments. We make other adjustmenri (including (hose adjustments required in the "Paying Interest" section). How W~ Fipwe Your Total rsferost Charges We mukiply TFa dai balance For each Transaction Category by its doily periodic rate. We do thls For each day in fhs biRir~g period. T is gives us the interest charges for each Tronsacfion Category. To gsf a daily periodic rate, ws divide IM APR flat applies to ihs Transaction Category by 365. We add up all the deity interest charges. The sum is 1M total interest charge for the billing period. Flow Vlte Include Fws We add Balance Transfer Fess ro drs applicable Balance Tmnsfer Transaction Category We odd Cash Advance Fees ro the applicable Cash Advance Tronsaefion Category. We add aN other fees to fhe standarcl Purchase Transaction Category. 16alarse~ Subject tb Interest Rant. Your statement shows a Babnes Subject ro Irrbresf Rab. It shows this for each transaction category. TM Balance Subject ro Interest Rate is the awrags of Ihs daily balances during d» billing period. Crodit detentes. IF your Account teas a credit balance, the amount is shown on the front of your billirg stateemenF. A credit balance is money that is owed b you. You may make e~pes against This amount iF your Account is open. We will send you a rotund of any remarmng balance of =1.015 or more offer b months, or as otherwise rsqurred by applicable law. ForQ~TO'~Dqq(fnneFeeemmunicalions Device ter Ilw Deal) assistance, please eaR 1-800-347-7449. DiaZ6irf"M~~itor and/or record blephons calls between you and Dixovar rspresentatiws for quality assurance purposes. The Dixowrmcord is issued by Dixover Bank, Member FDIC RzNFE00t Q1lQSt1O11S? Visit www.Disoover.com or p~SC~VE~ toll 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. • 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 at DiXOVY000111/paperl~ss ozoi o axe ea•t, nn.~b., rac -- - -- --- - - --- -- PAPER.0310 v1 v Zy Z g 9720878 Qt16St10nS? Visit www.Discowr.oom or call 1 800-DISCOVER (1.800-347-2683). DISC~VE~ VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S.f §4904 relating to unsworn falsifications to authorities, that he/she is ~ ~~ ~ ~ a e ~ CI'o 1~ c ~. (Name) Legal Placement Account Manager of _ DB Servicin~orporation 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# 09720878 VICTOR MARTINEZ 6011 0016 8884 7468 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank vs. Victor Martinez ~iL~t~'' pi ~: ~~,r~lerrFt .~ Grp ~-~ -~• --+ ~~ ~~ ~ w ~ ~~ ' `~ -G ~ ---a G M c - -~ 4a t-1 .,-' f: ~ Case Number 2012-6675 SHERIFF'S RETURN OF SERVICE 11/21/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Victor Martinez, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 128 Tory Circle, East Pennsboro Township, Enola, PA 17025. Deputies were informed that defendant now resides at 75 N. Geyers Church Road, Middletown, Pennsylvania 17057. SHERIFF COST: $58.00 November 21, 2012 SO ANSWERS, RON Y R ANDERSON, SHERIFF