The URL can be used to link to this page

Home My WebLink About12-6694 . .... _ i fi_ 4 t -r ~, .. ~ _I' ~~ ~^_• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Ser~ric.ing Corporation Plaintiff vs SUSAN :R WITTER De f enchant ~ I ~ ~ ~ ~.~v w~ COMPLAINT IN CIVIL ACTIOI~T 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 _1.400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 09721033 C A Pit SJS t dam` ,~, ~~5 ~,k~~~3 ~~~~ ~~~~,~ lb~ 5~3~ ;~~.~~~~as~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, UB Servicing Corporation Plaintiff ~'9 vs • Civil Action No ~ ~ _ ~ ~`Q ~ ~ 1 V I SUSAN R WITTER 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 (201 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 c:~ompl_aint or for any other claim or relief requested by the plaintiff. Yc)u may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. II:~ YOLr DO NOT HAVE A LAWYER OR ~^ANNOT 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 MA`_~' 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 .L. Plaintiff, Discover Bank, is a banking institution organized under the laws of_ the State of Delaware and maintains a business. address of 7.2 Reads Way, New Castle, DE 19720. 2. DB Servicing Corporation is the servicing affiliate fo.r 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, collect:irnz of delinquent accounts and other support services. T'he collection of delinglient accounts includes the right to forward. the account t:o 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 237 E KINC:= ST ## 2 SHIPPENSBURG, PA "17257 5. Defendant applied for and received a cred:it card bearing the account, number XXXXXXXXXXXX6556 6. Defendant made use of said credit card and has a curre~:it. balance due of $2226.59 A copy of Plaintiff's STATEMENT is attar}zed hereto, marked as Exhibit "1". 7. Defendant is in default by failing to make monthly payment,; when due. As such, the entire balance is immediately d.ue and payable to Plaintiff. 8. Although repeately requested to do so by Plaintiff, Defendant has willfu_1.1y Failed and/or refused to pay the balance due the Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor ,:grid against Defendant, SUSAN R WITTER ,:INDIVIDUALLY in the amount of: $?226.59 with interest at the statutory rate of 6.00 o per annum fr.:~m date of judgment and costs. Wi~~iam T.' Molcz ,47437 WELTMAN, WEINBER & RE:LS CO., L.P.A. 436 Seventh Avenue, Suite 7.400 Pittsburgh, F'A 15219 (412) 434-7955 FAX: 412-338-7130 tn1WR# 09721033 C A Pit `3JS This law firm is a debt colaector attempting to collect this debt for our client and any information obtained will be used for t::hat purpose. DISC VER New Balance Minimum Payment Due 50.00 5479.00 Payment Due Date July 25, 2012 29 SDSN6A01 0003799 SUSAN WITTER i 237 EKING ST # 2 SHIPPENSBURG PA 17257-1426 Address, e-mail or telephone changes Go to www.Discover.com or print change in 00000198645807928488?OQ00000000000000479D0 ~Y°°~~---~~-~°~'~""'°'-"`~°"°°"°m" Opening Date: June 19, 2012 - Closing Discover More Card Account Sum Account number ending in 6556 June lY, Account Number ending in 6556 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 6103 Illsnllnnrlrllrlnl~lnl CAROL STREAM IL 60197-6103 y'~w y'~~~~~ Irll~rll~~rrr~lll~l~~l~~rlrllrrr~~llllrr~rrll~ll~~rrrll .., LV 1 L t.uya I ~/h Payment Information New Baloncs 50.00 Minimum Payment Due 5479.00 Payment Due Dale lulY 25, 2012 Late Payment Warning: If wa do not receive your minimum payment by the date listed above, you may have to pay a late Fee of up fo 535.00 and your purchase and balance transfer APRs for new hansactions may be increased up to the Penally APR of 29.999e variable. Previous Balance S 226.59 Payments And Credits 226.59 Purchases + 0.00 Balance TramFers + I 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + ~' 0.00 _ New Balance -+50.00 See Interest Charge Calculation section fvlbw ing transactions For detailed APR information Credit line 52 000.00 Credit line Available 50.00 Cash Advance Credit Line 51 000.00 Cash Advance Credit Line Available 50.00 CaS C gOnUSe Anniversa Month camber Opening Cashback Bonus Balance 5 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance 5 0.00 To Isarn more, b9 in al wwW.Diacowr.com Manage Your Amount Online at www.Discover.com • Securely access statements and Free online tools, pay bills online and hack and view all transactions simply .and easily • Make your money worth morel-Find easy ways to earn and redeem cash rewards • NEW! Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1 Access your account securely of www.Discover.cam 2. Call 1-800-DISCOVER (1-800-347-2683) Please haw your Discover®card availab 3. Write to us of Discover, PO Box 30943, Sak Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover. PO Box 6103, Carol Stream, IL 60 1 9 7-6 1 03 For TDD (Telecommunications Device for the Deof) assistance, phase call 1-800.347-7449. Transactions Trans. Post Dab Dab Payments and Credits tun 30 Jun 30 I TERNAL CHARGE-OFF 5 •2,226.59 Fass T iAL FEES FOR THIS PERIOD S 0.00 Interest Charged T TAL INTEREST FOR THIS PERK)D S 0.00 i 2012 Totals Year-to-Date 9721033 FEES CHARGED IN 2012 S 210.00 INTEREST CHARGED IN 2012 298.31 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Paperless stoteme Easily access up to 24 months of w • See your statement as soon it's • Get helpful payment remind thi • Print a paper copy of yours em • Sign up today at Discovers pr ~ ®4010 Dixover Bank, M•mbsr FDIC - l _ __ __ _ PAPER.0310 i 0 z rn n 0 0 0 0 w V IJ x 9721033 Questions? Visit vvww.D' er.c or DISC~VER' call 1-800-DISCOVER (1 800-3 -26 3) n less clutter, more convenience dable, password protected statements. v ilable rather than wait for it to arrive in your mailbox. ~ h e-mail or text messages on your mobile phone. t~onytime. DISC~~VER" Interest Charge Calculci Your Annual Percentage Rate (APR) is the Currwsf BJlirsg Period: 1 1 days TYPE OF BALANCE Purchases 29 Cash Advosrces 29 V = Variabb Rate Additiond Important hformation See your Cardmember Agreement. Your Carr Lost or stefen cards. Report immediately) Cal If you think there is an error on your statement, In your bMer give us the following information: Account information: Your Home and < • Dollar amount: Ths dollar amount of tfs • Descri lion of Problem: IF you think the rt is a mists ce. You must contact us within 60 days aker 1 You must notify us of any potential error potential errors and you may have to pay While we investigate whether or not there We cannot try to cdlect the amount in • The charge in question may remain on we determine Ihat we made a mistake, to that amount. • While you do not have to pay the amo~ • We can apply any unpaid amount crga tr pays ro SUSAN WITTER ~~S~AVER __ Account number ending in 6556 page 2 of 2 interest rots on your account. dAIANCE SU6LECT TO RVTEREST CHARGE NREREST RATE So So SO SO Agreement contains all the terms of your Account. to vs at: Discover, PO Box 30421 Salt lake City, UT 84 1 34042 1 aunt number. uspected error is an error on your bill, describe what you believe is wrong and why you believe error appeared on your statement. Nn_ 'finc. You may eatl us, but if you do wa are not required to investigate any i amount in question. is been an error, the Following are hue: sstion, or report you as delinquent on that amount. ur statement, and we may continue to charge you interest on that amount. But, if u will not have fo pay the amount in queston or any interest or other Feas related in question, you aro rosponsible for the remainder of your balance,. your credit limit. If you are dissatisfied with the s or in good Faith fo correct fhs pr with due on the purchase. ces that you have purchased with your credit card, and you have fried merchant, you may hove the right not fo pay the remaining amount To use this right, all of the following must hue: 1 The purchase must have been made in our home state or within 100 miles of your current mailing address, and the purchase price must have been m e Ihan 550. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed you or if we own the company that add you the goods or services.) 2. You must have used your credit card fc~r the purchase. Purchases made with wsh advances from an ATM or wish a check That «cesses your credit card aunt do noF qualify. 3. You must not yet have fully paid For the purchase. IF all of the criteria above are met and u are atilt dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, ScM lake C' , UT 841340945 Whits we investigate, the same rules a ply to the disputed amount as discussed above. After we finish our investigation, ws will tell you our decisi n. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payments. You may ppaayy all or part of your Acco balance of any time. However, you must pay of least the Minimurn Payment Due by the Peyment Dw Dole. Send on your payment and fhs top portion of this statement in the envelope pprovided. Do not send cash. By sending your c k as described above, you authorize ua fo use information on your check to make an electronic fund transfer from your «c nt of the Financial institution indicated on your check or fo process the payment as a check transaction. IF payment is pr essed as an alechonic fund transfer, the transfer wiU be for the amount of the check. When we use information from your c k ro make an electronic fund transfer funds may be withdrawn from your account as soon as The same day we receive yourlpayment, and you will not receive your check b«k from your Financial institution. The Procsssirg of your payment may be delayed i you send cash, corespondonce or other items with your payment, if you send the payment to any Mfrer address or iF you u an envelope other than the orre provided. Payments recervsd m proper form of our pr«sssing Facility by SPM local time any day will be credited to your Account os of that day. Payments received at our proeessrng f«rlrty aker SPM I«al ime wdl bs credited to your Account as of the next day. IF you hove misplaced your envelope, send your payment fo D over, PO Box 6103 Card Sheam, IL 60197103. Please allow 710 days for delivery. 1F your payment rs returned unpaid, we reserve the rig~it to resubmit it as on electronic debit. 9721033 NOTICE: SEE REVERSE SIDE FOR IMPORTANT You can pay our monthly Minimum Payment I over the tale ne or you can setup automatic 1.800.347- 683. Automatic payments will bs dote (e. .the 15th day of the month) that «ci weekend or book holiday, your payment will h to xhedule monthly payments b Telepphone, yc asked to pprovide the Iasi four (4~digits oFthe s your ekachonic signature, you wit! be agreeing authorize, in the amount sebcted by you, from your bank account, as op icable, fo correct a payment by phone at 1-8 347.2683 or by i must receive notice of least three business day: we will tell you on each monthly billing sfafsme that sufficient funds are available in your bank You can set oufomofic payments for: (ij statem Payment Due plus a fixed dollar amount, or (iv the Minimum Payment Due as listed on your m increased fo cover the Minimum Payment Dw, excess will be applied in «cordance with you Balance on your billing statement, that paymet payment amount may bs less than the amount Closing Date. IF you enroll by phone im our aertomotic oaymt For your records. Amount: ^ Full Pa}~ ^ Min Poy Bank Routing Credd Reporting. We may report inFormal other dsfaulh on your Account may be rei your Account to credit reporting agencies us of the fdlbwing address: Dixover, PO home telephone number and Account nua payng krteresF. We begin fo impose intro daily balance. We continue to impose ird interest on Purchases as described below. Advances. 1F you paid the New Balance on your will not impose 'ntsrest charges on m current bit il'ng statement. New PurcM It you do not pay your rvew oarancs m run e you may oat get a gr«e period on new Pun r, or o greater amount that does not exceed your current Account balance, yment through a customer service representative by calling sduct on the Payment Due Date unless you request a recurnng pa ment befor your Payment Due Date. If your scheduled payment date falls on o sr«e the business day for to the weekend or bank holiday. In order will n this statement and~your bank account information. You will be ial sec rify number of the primary borrower. By providing those numbers as this a horizafion to allow us and your bank to deduct a«h po ment you rur ba k «count. You also author¢e us to initiate debit or credit entries to error i the pr«essirg of such payment. You can cancel a xheduled it at D cover, PO Box 30421 Salt lake City UT 84 1 30.042 1, however we adva ce of the scheduled payment. If your payments may vary in amount, when ur payment will be made and how much rt will be. You must ensure ,count and all transactions must comply with U.S. law. New lance, (ii) statement Minimum Payment Due, (iii) statement Minimum Fixed tar amount. If your xheduled fixed payment rs not en h to cover hly bi in statement, your schadukid payment for that month wil~ he sc uled payment is greater than the Minimum Paymsnf Due, any ordm mbar Agreement. IF your xheduled pa ant is greater than the New gill be «essed only for the amount of your New Balance. Your automatic licat on the periodic statement based on credits or payments aher the please fill-in the Following blanks below and retain the authorization Min Pay + S _, ^ Fixed PayS__, __, Frequency: out r Account to credit bureaus. Late payments, missed payments, or in yo r credit report. We normally report the status and payment history of nonfh If u believe that our report is inaccurate or incomplete, please write 5316 ilmington, DE 198505316. Please indicate your name, address, n a bans«tion Fee or interest charge from the day we add if to the until you pay tie total amount you owe us. You can avoid paying cr cannot avoid paying interest on Balance Transfers or Cash rnent by the Payment Due Date shown on that billing statement, we portion of a new Purchase, paid by the Payment Due Date on your at first appear on the curcent bilking statement. depending on the balance to which we apply your payment, How We Cakvlale ~rterest e]sorges Daly once od (including current transactions): We cokulafe interest charges each billing period by first figuring the "dal loot for each Transaction Category. Transaction Categgoorries include standard Purchases, standard Cash Advanc red di ant promotional balances, such as Balance Transfers. How We Figure dse Daly Boleenes far Each 1 We start with the be~inning balance your balance on the act day of your We add any interest charges accrue add an new transactions or fees as which the transaction or fee posted We subtract any new credits and pq Ws make other adjustments (inductee How We Figuro Your Total bterect Charges: We multiply the dolly balance for eq the billin period. This gives us the we divide the APR that applies to dw • We add up all the daily interest cha How Ws Yrch-ds Fees ~ We add Balance Transfer fees to fhe applia Fees to the applicable Cash Advance Trance Transaction Category. Balance Subject to Merest RoN. Your state transaction category. The Balance Subject I period. Crodit Balpnces. If your Account has a cr A credit balance is money that is owed to open. We will send you a refund of any requued by applicable law. ForgqTDD 1Qenleeommunieations Device fair Dis2r~~ hrlS~~onitor and/or record tole purposes. The Dixover®card is issued by Discover rs CaMgory each dayy. The •seginnirxd balance for the first day of the billing period is svious belting perioodd m the rovious day's daily balance and any new trans«tions and fees. W'e the r of the Transaction Date « the first day of the billing period in those ~rdjustments required in the "Paying Interest" section). r Tra coon Category by ih daily periodic rate. We do this for each day in Brest c rges for each Trans«tion Category. To get a daily periodic rate, 'ran ion Category by 365. u. Th wm is the total interest charge for the billing period. rb Ba rxe Transfer Transaction Category. We add Cash Advance lion C ry. We add all other fees to the standard Purchase rot sho s a Balance Subject to Interest Rate. It shows this for each Intere Rote is the average of the daily balances during the billing bola e, the amount is shown on the front of your billing statement. . You may make charges against this amount if your Account is riving )once of S 1.00 or more aher 6 months, or as otherwise ref) a sistaexe, please call 1.800.347.7449. ie call between you and Discover representatives For quality assurance FDIC RZNFEOQr Questions? Visit www.Dis •c«~t 0f DI$C~VER call 1-800-DISCOVER (1.800-34 268 ). VERIFICATION I y~ /~ ~ . C r' v ~ c,. . e d~ 0. L ~ Legal Placement Account Manaa~er - - -~ (Name) (Title) of DB Servicing Corporation, servicin~~affiliate of Discover Bank, _._._ (Company) does hereb~° verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. y 4904 relating to unsworn falsifications to authorities states, that he/she is a duly authorized representative of plaintiff herein and authorized to make this verification, and that the facts sets forth. in the foregoing Complaint are true and accurate to the best of his/her knowledge and information and that he/she is personally familiar with the account and the relationship between Discover Bank and DB Servicing Corporation. That Discover Bank, f%k/a Greenwood Tnlst Company, is a FDIC-insured :Delaware State bank.. and its servicing affiliate DB Servicing Corporation, extends credit through issuance of the Discover Card. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including business management services i:n 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. 7'he collection of delinquent accounts includes the ri~~ht to forward the same to the attorneys and/or collection agencies for collection and to file suit on Discover Bank's behalf. Both DB Servicing Corporation and Discover Bank are ~~-holly owned subsidiaries of Discover Financial Services. Date ~ C, ~ ~~ ~ - Z o I Z.- SUSAN R WITTER XXXXXXXXXXXX6556 ~: /J ,... -/ /. (Signature) DB Servicing Corporation serving affiliate for Discover Bank PO Box 3025 New Albany. OH 43054 WWR~ 09721033 C A Pit SJS SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank vs. Susan R Witter ~~~rtit~, at ~utntit~ffi~~ ... 1 ~~ ! F~~ i 1~L,lEi~~~.~11 i~t 1. ~~l~ h#Q~ 2 I Phi 2~ 3~ ~Ut ~BERL~i#~t~ i~t3i1~~1` PENNSI'l.YA~IA Case Number 2012-6694 SHERIFF'S RETURN OF SERVICE 11/13/2012 08:36 PM -Deputy Tim Black, 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: Susan R Witter at 237 E. King Street, Apt. 2, Shippensburg Borough, Shippensburg, PA 17257. SHERIFF COST: $48.00 November 14, 2012 TIM l.A K, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF