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HomeMy WebLinkAbout12-6836 Our File No.: 346356 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff DISCOVER BANK Plaintiff, vs. RENEE L STOVER 34 COLD SPRINGS RD CARLISLE, PA 17015-9113 Defendant. 1 t t',) { t S . to k ~ ~:~~ `~ ~~~iC;~~~~>,i~, `:~: ~'~~~~L;~~~fl Cfl~J~dTY f~ct~1SY1_Y~,hl~. COURT OF COMMON PLEAS CUMBERLAND COUNTY nn > c C.,1u1~1 NO.. ~~_~ 0 ~~ NOTICE 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 ~ (~~5~`f Our File No.: 346356 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff DISCOVER BANK Plaintiff, vs. RENEE L STOVER 34 COLD SPRINGS RD CARLISLE, PA 17015-9113 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is Discover Bank ("Plaintiff'), a Delaware State Bank and issuer of the Discover Card. 2. Defendant(s) is/are RENEE L STOVER ("Defendant"), an adult individual residing at 34 COLD SPRINGS RD CARLISLE, PA 17015-9113. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ("Account") to Defendant. 4. The Account number ends in 4534. 5. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 6. The account is in default due to Defendant's failure to make timely payments. 7. The account statement reflecting the balance after default is attached hereto and incorporated by reference s herein. 8. Although demand has been made, Defendant has failed to make payment of the amount due and owing. 9. The amount due and owing as of this date is $6,147.79. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $6,147.79 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & IATES; P.C. ' Attorney or P intiff A Law Firm Eng ed i Debt Collection BY: David J. Ap r, Esquire Our File No.: 346356 VERIFICATION ~~~~ --~ .-(Name).. (Title) of DB Servicing Corporation, the servicing affiliate for Discover Bank, does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities and states, that he/she is a duly authorized representative of plaintiffherein and authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and accurate to the best of his/her knowledge and information and that he/she is familiar with the manner and method by which plaintiff maintains its normal business books and records, including computer records of defaulted accounts. S/he is also familiar with the relationship between Discover Bank and DB Servicing Corporation. That Discover Bank, f/k/a Greenwood Trust Company, is an FDIC insured Delaware State bank, and its servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including, among other things, business management services, customer service, and collection of delinquent accounts. The collection of delinquent accounts includes the right to forward the same to the attorneys to file suit on Discover Bank's behalf. Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Services. Date (Signature Defendant's Name: RENEE L STOVER DB Servicing Corporation servicing Account Number: ending in 4534 affiliate for Discover Bank Our File No.: 346356 PO Box 3025 New Albany, OH 43054 DISCOVER New Balance ~ ~ Minimum Payment Duo S6,la~a9 sa69.oo _ Payment hue Date Moy 7, 2012 t2 SOSN6A01 0007443 RENEE STOVER 34 COLD SPRINGS RD CARLISLE PA 17015-9113 PO AOX 71084 {{{esr{{uun{{rr{r{{w{{ CHARLOTTE NC 28272-1084 Address,o-mailortelephoneehangeZ ~n~ {{ie~ui{r~fm~n~r rn~~~{nr~u{u{rr~~u~n{nie~u~{ Go ro www.Discover.com or print change in space above. r ( iylpeftfllg Date: March 13, Z01 Z - Goaing Date: Discover Moro Card Account Summary Account number ending in 4534 Previous Balance $6,131.91 Payments And Credits 122.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advarxes + 0.00 fees Charged + 35.00 Intered Clwrged + 102.88 New 8a once ~-~l See Interest Charge Cokulation section foNowing transactions for detoi{ed APR information :'Credit Line $6,000.00 Credit line Avoikrble $0.00 Cash Advance Credit line $1,500.00 Cash Advance Credit Line Available $0.00 You may be able ro avoid Interest Charges, see Additional li Important Information for details. _! Account Number ending in 4534 Enter Amount Enclosed Below ~_~ Please make cheek payable to Dixover Card. You are overlimiF. Pay the wm of iha monthly minimum payment plus the overlimiF amount of $147,79. Text APP to OISCOV' to receive a Ilnk to our free moltlle app and pay your bip in seconds from anywhere! ~~ r.. ., . t,.yo r ... ~ Payment {n~ormation New Balance $6,147.79 Minimum Payment Due" $469.00 Payment Due Date Moy 7, 2012 •Inckxfss past due amount of $3l 1.00 Late Payment Warning: If we do not receive your minimum payment by the dots tided above, yov may have ro pay o late fee of up ro $35.00 ofd your purchase and balance transfer APRs for now honsaetions maybe increased up ro the Penahy APR of 24.9996 wriable. Minirsunr Payment Wamin~ If you make only the minimum payment each period, you wiN pay more in irdersd coil k will 1ok~ you ksnger ro pay off your balance. for example: Chry the minimum ~ 29 y„r, ~ $19,979 payment If you would Idco infarmotion about credit counseling services, caH 1.800347-1 1 2 1. Cashback Bonusa AnniversaryMoMh January Opening Cashback Bonus Balance $ 0.00 New Coshback Bonus This Period + 0.00 CashbodcBonus balance $ 0.00 To learn mac, IO8 in ai www.Discover.com 3 Easy Ways b Contact Us 1. Access your account securely at www.Discovencarn 2. Call 1.800•DISCOVER (1.800-347.2683) Please have your Discowr®card avoila 3. Write ro us ar Dixover PO Box 30943, Salt Lake City, UT 84130 (Not a payment address( For payments pplease said to address on remittance or Dixover, P0~6ox 6103, Carol Sheam, IL 601 97-6 1 03 For TDD (Telecommunications Davies for the Deaf) assistance, please cafl 1.800-347-7449. Manage Your Account On{ins at vwvw.Disuaver.can • Access 6es online Foils Gke Paydown Planner ro create a plan to pOy down your balance, securely access dabments, pay bi s online and easily hock aN honsocfions • Make your money worth morel-fmd cosy ways to earn and redeem cash rewords • NEWT Access yen account securely through your mobile phone Transcsctions Trans. Post Dots Dale Payments and Credits Mar 13 Mar 13 INTEREST CHARGE REFUND $ -87.00 Mar } 3 Mar } 3 CONDITIONAL COURTESY CREDIT •35.00 Fees Apr 7 Apr 7 LATE FEE $ 35.00 TOTAL sfES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 102.88 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ~~ Pnperless statements mean less clutter, more convenience Easily access up to 24 months of downloadable, 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/pnperless ®1010 DGaovr Bank, Nbndw FDIC PAPER.0310 Transactions y Trans. Post (cont.] ~» ~• rn o Interest Charged INTEREST CHARGE ON CASH ADVANCES ~ 0.00 0 ° v INTEREST CHARGE ON BALANCE TRANSFERS O,Op TOTAL tMEREST FOR THIS PERIOD 102.88 ~ 2412 Totals Year-to-Date TOTAL FEES CHARGED 1N 2012 ~ 105,Op TOTAL INTEREST CHARGED IN 2012 317.21 ' QueStlOnS~ Visit www.Discover.cotn or call 1-800-DISCOVER (1-804347-2683). ~~~~ Q~SC'~' ~E~ ~ It pays ~o ~ RENEE S10VER _ Account number ending in 4534 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rote on your account. Current Belling Period: 3 S days TYPE OF BAWN(a: ANNUAL PERCENTAGE RATE (APR( BALANCE SUbJECi TO INTEREST CHARGE MfT Purchases 19.99% V ERESi RA>~ 56,059.55 $102 88 Caah Advances 23.99% V . $0 $0 V =Variable Rats Information For You "* ATTENTION **' We previowty requested the post due amount on your account. Wa have no record of recei i payment. The amount due should be paid of once. v ng Additional Imporiont Information Sea your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. Lott or stolen cards. Report immediafelyl Call 1.800-347-2683. 11Yhaf To Ob K You Think You Find A A1FsMke O» Yorrr Sliaberrsfn! _ If you think there is an error on your statement, write ro us ot: Discover, PO Box 30421, Soh lake City, UT 84130A421. In your leitx, give us the folbwmg information: • Accounttnformation: Your name and «courd number. • r r The dollar amount of the susp«ted error. • Descriafion of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe rftsamf~ You must contact us within 60 days after the error appeared on your statement. Yov must rrotiFy us of any potential erron in~nti .You maayy call us, but if you do we ore not required to imrestigats any potertial errors and you may have ro pay the amount in questiion. While we irrvestigate whether or not there has been an error, the Fo~Yowing are trw: • W~ coned try ro collect the amount in question, or report you os deNrrgwn- on That amount. • Ths charge n Lion may remain on your statement, and ws may oantinue ro charge you irdsresl on that amount. But, iF we determine that we made a mistake, you will not have to pay the amount m question or very iderat or o1Mr fees reksted ro Nwt amount. • While you do not have ro pay the amount in question, yw are responalble for the remainder of yoour balance. • We can apply any unpaid amount against your credit knit. Your Riohta K Yea Are DuaatistrFed WiNr Your Crwdi- Cord Aut rlsauer IF you an diasatished with the ~~~~s ar services that you have purchased with your credit card, and you have hied in good faith ro correct the proTiiem with the merchant, you may haw the right not ro pay the remoirnng amend due on the purchase. To use this right, all of the following must be hue: 1:-The purchase must have bean made in your home stole or within 100 mikes of year current maibng address, end the purchase price muss have been more than $50. (Note: NsilFror of these are necessary if your purchase was based on an advertisement we mailed to you , or if ws own the comparry that sold yqt }Fro goody or services.! . 2. You must have used your credit card For the purchase. Purehosea made with cash advances from err ATM or wNh a check that accesses your credit card account do not qualify. 3. You must nil yet have Fully paid for the purchase. If aA of the uiteria above ore met and you aro still dissatisFied with the purchase, contact us ink at: Discover, PO Box 30945, Salt lake City, UT 84130A945 While vve Investigate, the same rules apply to the disputed amount as dlseusssd above. After vve 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 os delinquent. Payments. You may pay aq or port of your Account balance at arty limo. However, you must pay d lsoyf the Minimum Payment Due by the Payment Due Dote. Send entry your paymait and tM top pori!ion of this staitemMt in Ih. envelope Qrovided. Do not send cash. By sending your check cs daunhad above, you auttwrtze us to txe inFamotSon a- your check to make an electronic Fund transfer from your «count d the financial instiflrtton indicated on your Brock or b process fFro payment as a check transaction. If pa ent is processed as an ekictronic fund hansfer Ihs hanshr will be For the amount of the check. When we use information ham your check to make on electronic fund hona'i4er, funds mrrwayy (» wdhdrown ham your account as soon as the same day we receive your payment, and you will not receive your check back From your financial institution. The pr«essing of your payment may be delayed if you send cash, correspondence or oihsr ihsms wRh your payment, iF you send the payment fo anyy other address or if you use an ernebpe other Phan the ono provided. PcYmerys received in proper form d our processing tacitly 6 5PM I«al time on any doryy carp be credited ro your Account w of that day. Payments received at our processing Facil~ offer 5PM I«al time will be credited b your Aaoount as of Nte next toy IF you have misplaced your envsbpe, send your payment to Discover, PO Box 6103 Carol Stream, IL 601 97-6 1 03. Pksoss allow 7-10 days for delivery. If your payment is returned unpaid; we reserve the rig~rt to rosubmB it as an ebchonic debri. Nvl ICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ~ -- -- -- You can pay ur monthly Minimum Payment Due, or o greater amount shot does not exceed your current Account balance, over the tel one or you can setup automatic payments through a customer service represerrtatrve by calling t-800.347. 683. Automatic paymenh will be deducted on the Poymerrt Due Date unless you request a recurring ment date e.g., the i 5th ~, of the month that occurs beForo your Payment Due Date. If your scheduled payment dote fa on a weekend or bank holiday, your payment will be processed the business day prior to the weekend or bank holiday. In order to schedub monthly payments b y~~~ne, you wrN need -hh statement and roerr bank account information. You wiN be asked to provide the last four (4~digils of the social security number of the pnmary borrower. By providing those nunsbers os your electronic signaturo, you will be agreeing to lhis authorization to allow us erect your bank !o deduct each po ent you authorize, in the amount selected byy you, from your bank account. You also authorize ua to initiate debit or crediYt entries to your bank account, as rcabb, to correct on error in the processing of such payment. You can cants{ a schedued payment by phone at 1.8t~347-2683 or by mail of Dixover, PO Box 30421, Sak Lake City,UT $QT30.0b21; however we must receive notice at boat three business days in advance of the xhedubd paymerrt.. tf your payments may vary in amount, wa will teN you on each monthly biNing statement when your payment will be made and how much rt wiN be. You must ensure that sufficient funds are available in your bank account, and all hansactions must comply with U.S. law. You can set automatic payments for: (i) statement New Baksnce, (ii) statement Minimtun Payment Due, (iri) statement Minimum Payment Due plus a fixed dollar amount, or (iv) a faced doflor amount. If your xhedubd fixed payment is not enou~h to cover the Minimum Payment Duo as listed on your marrlhly bi~tlingg statement, your scheduled payment for shot month wNl be increased to cover the Minimum Poymerrt Due. If the xfredubd payment is eater firer the Minimum Payment Due, arty excess wiN be apdfed in accordance wrth your Cadmember Agraemerd. l~your scheduled payment is greater than the New Balance on your bbrrNrng statement, that payment wiN be eased only for the amount of your New Baksnce. Your automatic payment amount maybe foss than the amount indreatsd wr the periodic statement based on credits or payments offer the Closing Date. {f you enroll by phone in our automatic payment service, please fill-in the Following blanks bebw and retain the authorization For your records. Amount: ^ Full Pay ^ Min Pay ^ Min Pay + $ ^ Fixed Pa $ Bank Routing #: ~ Bank Account #: y • Frequency: Credit ReportAng. We may report information about your Account to credit bureaus. Late payments, missed payments, or other dofauhs on your Account may be refbeted in your credit reep~oorrtt. We nonnaNy report the staters erect payment hisbry of your Account to credit reporting agencies each month. If believe Nat our r rs inaeeurde or incomplete, please write us at the Following addess: Discover, PO Box 15316, rtmington, DE 1985 316. Please indicate your name, address, home tebphone number ord Aeeount number. Payingg Mtersat: We begin fo impose irrtereat charges on a hansaetion foe or interest charge from the day we add it to the do+ly 6akanea. We c nee to impose interest charges until you pay 1~ie total amormt you owe us. You can avoid paying irrtereal on Purchases as described l»low. However, you cannot avoid paying interest on Balance Transfers or Cash Advances. How to Avoi Poryina Interost on Purchase f"G~e Period"1 ii yov~pai a ew~rsce on your prsvrous bAttr~ statenrenf by ihs Payment Duo Dots shown on that biNing statement, we wilt ratun~pose mtorest charges on new Purchases or a~ portion of a rrew Purchase, paid by the Payment Due Date on your current bi rlTng statement. New F'urchasea ors Purchases that first appear on the cwrent billing shrtemerrt. How We Payments Mau Imaaet Your t3race Paced You rat fxry'~'ew~m sae moot ,1 on, depending on the balance to which we apply your payment, you may not get a grace period on new Purcf rases. Hew We Calculate IrMarest Clra-ges - Defy 6elarrce iNethed {ndusfing currwM Irensacfions): We calculate interest charges each billing period by first figuring the ' darly bakrnee for each Transaction Category. Transaction Categories include standwd purchases, sMndard Cosh Advances and different promotional balonc®s, such as Balance Transfers. Haw Wo Figuro t#rs DarTy Bafatrce for Each Transaction Catbgery • We start with the beginning balance for each da .The inning balance for the first day of fha billing period is your balance on the last day of your previous 6tNYrrg pert • We add any irrterost ehargw acwued on the proviovs day's daily balance and arty new hansactions and fees. We add ~y new transactions or Fees as of the later of the Transacion Date or the first day of the billing period in which the hansaction or fee posted to your AccounF. • We subtract any crew credits and payments. • We make other adjustments {including those adjustments required in the "Paying Interest" sections. How We Figuro Your Total fnterost Charges • We muNiply the daily balance for each Transaction Category by its deify periodic rate. We do this fw each day in the billin period. is gives us the interest charges for each Transaction Category. 7o get a daily periodic rote, we divide the Af'R that applies to the Transactfan Category by 365. • We odd up all the daily interest charges. Tha sum is the total interest charge for the billing period. How We ixlude Fees We add Balonee Transfer Fees to the applicable Balance TrartsFer Transaction Cateeggory We add Cosh Advance Fees to the appliKable Cash Advance Transaction Category. We odd aN other feesto the standard Purchase Transaction Category. Balance Subject to Inssrsst Rob. Your statement shows a Balance Subject to Interest Rate. M shows this for each transaction category. The Balance Subject to Interest Rafe is the average of the daily balances during the biNing period. Credit Balances. If your Account has a credit balance, the amount is shown on the korrt of your billing statement. A credit balance is money that is owed to you: You may make ch s against this amourd rF your Account is open. We wiN send you a refund of any remarnrng balance of $1.00 or more offer 6 months, or as otherwise required by applimble law. for TDD (Telecommunications Device for the Deaf) assistance, please <aN 1-8tM•347-7449. Discover may monitor and/or record telephone caNs between you and Discover representatives for quality assurance purposes. The Discovermcard is issued by Dixover Bonk, Member FDIC RZNfE001 QU@SfiON1S~ Visit www.Discover.com or call )-800-DfSCOVER (~-800-347-2683}. DfSC~~R Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor :n-;.. ,.-..~ t;T .^..a SHERIFF'S OFFICE OF CUMBERLAND COU~Y ~ .-~.~. ~,,~-- _ ~;. ~ ~ ,h (_:? ~~ Qat~1~ ut 4atihbrrt;~ ~ ~ ~ C~ ~ ~ ~ ~ c~ ~ = : . _, c-a ~`~ ~': C'3Ff : c '~ - Fr-, .:~t~Fr -~,, Discover Bank Case Number vs. Renee L Stover 2012-6836 SHERIFF'S RETURN OF SERVICE 11/08/2012 08:06 PM -Deputy Dennis Fry, 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: Renee L Stover at 34 Cold Springs Road, Dickinson Twp, Carlisle, PA 17015-9113. SHERIFF COST: $34.00 November 09, 2012 -~ .~' DENNI FRY, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF }~a- ;.