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HomeMy WebLinkAbout12-6852it j~~"~ lr53, , 1 ~ d!~ qyf ... ('1 .. .J7 ~, ,`.1 ~ F. ~. :.r.{;~.r5,~+ ~ CC~~~,'f~y~ ~ 4 ~GY r '~ `~ f L. ~' ~~t i~ ~ e~-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. NATHAN J COOPER Defendant c~~~~ No: ,~ .~~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 30054673 C A Pit SJS J Qµ.~ ~1o3.7Spd Q~a~9o~ 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 NATHAN J COOPER 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 311 OAKVILLE RD SHIPPENSBURG, PA 17257 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9781 . 6. Defendant made use of said credit card and has a current balance due of $6048.80 . 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, NATHAN J COOPER ,INDIVIDUALLY in the amount of $6048.80 with interest at the statutory rate of 6.00 ~ per annum from date of judgment and costs. ~~~ William T. Mo zan,47437 WELTMAN, WEI ERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 ~# 30054673 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. ' New Balance Minimum Payment Due Account Number ending in 9781 DISCOVER 50.00 51,044.00.- Enter Amount Encbsed Below Payment Due Dais August 26, 2012 31 SDSN6A01 0002663 NATHAN J COOPER 311 OAKVILLE RD SHIPPENSHURB PA 17257-9748 Text APP to DISCOV` to receive a li-dc to our free mobile app and pay your bill in seconds from anywhere) PO BOX 6103 It{"'I{""'I~""11'11") CAROL STREAM IL 60197-6103 ~ ~~~ Address,e~mailortelephoru-ahongeT I~Ili~ll~~i~~~lllil~rlii~till~i~rrlllliiri~llillir~~~llrrl~~ll Go ro www.Discovercom or print change in space above. 0000019864584804444920DOOOOOD0000000104400 opettfng DaM: Juy 25, 2012 Gotiing Daa: July 31, Discover Motive Card Account Summary Account number ending in 9781 tolz ~ i a< Payment InForrrlation New Balance S0•~ Minimum PaymsM Due 51,044.00 Payment Due Date August 26, 2012 LaN payment Womins: If we do rent receive your minimum payment by tM dote listed Dhow, you may how ro pay a late fss of up ro $35.00 and your purchase and babncs transhr APRs for new transactions may bs increased up to the Penahy APR of 17.99% variable. Manage Your Atxount Online of www.Discover.corrl Securely oeessa statemenri and Free online tools, pay bills online and track and view all fransactions simply and easily Make your morroy worth monk-find cosy ways to earn and redeem-cash rewords NEWT Access your occouM securely through your mobib phone 3 Easy Ways to Contact Us Provious Robots $6,048.80 Payments And Credih 6,048.80 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 interest Charmed t 0.00 -~- Nsw Balance ~~ Sse Interest Charge Calculation section following fransactions for detailed APR information cr.da line $s,2oo.00 Credit Line Available $0:00 Cash Advance Credit Line $2,600.00 Cosh Advance Credit Line Available $0.00 Ca BOnuS Anniversa Month 1 Access your occounF securely at www.Discover.com '~1' 2. Call 1.800-DISCOVER I1-800.347-2683). May Please haw your Discover®eard available. Opening Cashback Bonus Balance $ 0.00 3. Write ro us at Discover, PO Box 30943, New Cashback Bonus This Period + O.Op Sak lake City, l1T 84130 )Not a payment address) For paymenri, lease send to oddnss on remittance or Cslslrback dews balance $ 0.00 Discover, PO Box 6103, Carol Stream, IL 60197.6103 To learn more, loe in at wwW.Disoowr.oom For TDD (Telecommunications Device For the DsaF) assistance, please call 1-800-347-7449 Transactions Trans. Post Dote Dale p~h ~ ~~ Jul 31 Jul 31 INTERNAL CHARGE-OFF $ -6,048.80 Fee: TOTAL FEES FOR THIS PERIOD $ 0.00 Inlasa C6exged - TOTA4 pdTEREST FOR THIS PERIOD - - ~ 0~ 2012 Totals Ytearto•Date TOTAL FEES CHARGED IN 2012 $ 390.89 TOTAL INTEREST CHARGED IN 2012 427.91 30054673 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Di 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 Discovercom/paperfess X2010 Diuovx Bonk; Member FDIC N O Z a~ D O 6 N Oi Of W N X 30054673 PAPER.0310 QUeStlOns? Visit www.Discowr.com or call 1.800-DISCOVER (1.800.347.2683. DISC~1/Et~ DISCOVER --- - PaYs NATHAN J COOPER C~vEa Account number ending in 9781 page 2 of 2 Interest Charge Ca culatwn Yovr Annud Percentage Rafe (APR) is fM annual interest rye on your account. Crxront ~n9 Period: 7 days TYPE OF dIUAWCE ~~ PQCR~(UGE RAC TE~ECT TO Nr1tEREST CHARGE Purchase 12.99% V SO SO Cash Advances 20.99% SO SO V =Variable Rafe Addiiond MPo~ont hFarmation See your Cardnrember Agreement. Your Cardmember AgrwmeM conMins aN the terms of your Account. Lod er stolen cards. Report immediately) Call 1-F100.347.2683. Whof !o IDo M You Thirsk Yeu FFnd A A9lefal[~ On Your SbNnssrtsl If you think Intro is an error on your statement, writs fo us at: Discover. PO Box 30421 Sok Lake City, UT 84130-042 T In your Tenter give us the Fdlowmg information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspecFed error. Deac_~Problem: If you think them is an error on your bill, deacril» what you believe is wrong and why yov beliws i is a mis •. You must contact us within 60 days afNr the error appeared on your statement. You must notify us of anY potenfid erran in .You may cdl us, but iF you do ws aro not rogvired to invsstigab any potential errors and you may haw to pay amount in queshon. While ws invsdigaN whether or not drere has been an error, the Following aro M»: We cannot try to cdlect the amount in question, or roporf you as delirrquerd on that amount. The charge in question may remain on yaw statement, and we may coMinw to charge you inFered on that amount. But, iF ws determine that vre made a mistake, you will not haw ro pay the amount in question or arty interest or other Fees rotated to that amount. While you do not haw to the amount in question, you aro responsible for the remainder of your balance. Ws can apply arty unpaid mount against your credit limit. Your ltldrty H You An otsaolis/Ietr 1VMh Your crref7/ cord Pundsa~ If you aro dissatisfied with dre s or services that you haw purchased with your credit card, and you haw hied in good Faith to coma the problem with Mn merchant, you may haw dre right not to pay fM romaimng amourd dw on the purchase. To use this right, all of the folbwing must bs fi>•: 1 Ths purchase must have been made in your home state or within 100 miles of your current mailing addross, and the purchase pries must haw been moro than s50. Nab: Neitl»r of Ilrese aro necessary if your pwchax was based on an advertisement we mailed to you , or if we own tM company that sold you fM 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 crodit card aeeourrf do not qualify. 3. You must not yet haw fully paid for ihs purchase. If ail of tM criteria above aro mN and yov aro stiN dissdisfied with iFie purchase, contact us-in ifi at: Dixowr, f'O Box 30945, 5ah Lake City, UT 84130A945 While we investigate, tFie same rules apply to the disputed amount as discussed above. AFNr we finish our mvestigafion, weal i~tsA you our decision. At that point, if we think you owe an amount and you do not pay we oy port You nquenf. Paryrrrent:. You maypay aA or part of your Account balance of anytime. However, you must pay of lead the Minimum Payment Dw by the Payment Dw Date. Send onlyyaw paymerM and the top portion of Ihia afafemenl in the envelope provided. Do not rind cash. By sending your check as described above, you authorize ua to use information on your check to make an elechnnic fund franster From your account at the Financid instifiRion indicated on your ehedc or to process the payment as a check transaction. If oym N processed as an electronic fund transfer the Transfer wiN be far )fie amount of N» chock. When we uas infarmatioe irom~your chock to make an slecfronic fund hanafer, Wnds may bs wiTFrdrrn+m from your account as soon os the same day we receive your payment, and you will red rocaiw yaw cheek back from your financid insfihrtion. Ths processing of your pa ent may l» deksysd if you send cosh, corresponderice or otMr items with your payment, if you send tFw payment fo any ether oddrosa or iF you use an ennlope other than the one provided. Payments received m proper Form of our processing Facility by 5PM Ixd lime on arty day wits bs credited to your Account as of that day. Payments racsiwd at our processing faciltly aR~r 5PM local time wiN 6e crediNd to your Account as of the next day. If you how misplaced your envek>pe, send your payment b Discover, PO Box 6103 Carol Stream, IL 60197.6103. fMease allow 7.10 days for delivery. If your payment is refwned unpaid, ws roserw the rig~it fo resubmit it as an electronic debit. 30054673 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION You can pay r monthly Minimum Payment Due, or a greater amount that doss not exceed your current Account bobnce, over the or you can setup automatic payments through o customer service representaltve by taping 1.804347. 683. Automatic payments wiq bs deducted on Ihs Payment Dw Dats unless you a rocumng payment dote (s.g the 15th dayy of the month) that occur before your Payment Due Dats. If your xhedultd payment date tpps on a weeksnd~or bank holiday your payment wiN be processed the bustrtsss day for to the weekend or bank holiday. In order ro schedule monthly payments b you wiN need this statement your book account information. You wiN be asked ~to pprorovide the last Four (d~digi of tlis said security number of the primary borrower. Byp~oviding Norse numbers os your sbchonic sigrwturs, you will be agreeing ro this authorization fo aNow us and your book ro deduct each paymw~t you auNtorizs, in the amount sebded by you, from yaw bank account. You aho aulhonze us ro initiate debit or credit entries ro yaw bank account, as applicable o correct an error in the processing of such payment. You can cancel a xheduksd payment by phone at 1.800.347.2683 or by mail aF Discover, PO Box 30421 Sah lake City, UT 84130.0421 however we must receive notice ~ least iFuee business Boys in advance of the scheduled payment. If your payments may vary in anouM, we will teN you on each mordhly billing statement when your payment will bs mode and how much d wiN be. You must ensure that sufficient funds are avaib in your bank account, and all hansactions must comply with U.S. law. You can set automatic payments for (i) statement New Balance, (ii) statement Minimum Payment Dw, (iii) statement Minimum Payment Due plus a fixed dollar amount, a (iv) a fixed dolor amount. If your xhedulsd fixed payment is not h to cover the Minimum Payment Due os listed on your monthly bil~linngg statement, yaw xMdulsd payment for Thar month will increased fo cover the Minimum Payment Due. If the scheduled payment is greater than Nro Minimum Payment Due, an excess wiN bs in accordance with yaw Cardmember Agreement. IF your xhedulsd poyms~t is greater than 1MYNew Baance on your' biNing statement, Ntat payment will be processed only For tf» amourN of your New Balance. Your automatic yment amount may be less ilwn the amowrt indicated on the periodic statement based on credits or payments aher the ~bsing Gale. If you enroN by phone in our automatic payment service, please fill-in the fopowing blanks below and retain the authorization For yaw records. Amount: ^ full Pay ^ Min Pay ^ Min Pay + S ^ Fixed Pays , Bonk Routing #: ,Sank Account #: ,Frequency: G+edit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be nRscled in your credit report. We normaAy report the status and payment history of your Account ro credit roporting agencies each month. If you believe that our report a inaccurate or incomplete, please write us of the Following addreu: fhxowr. HO Box 15316, Wilmington, DE 19850.5316. Please indicate your name, address, home telephone number and Account number. P bteeest We begin to impose interest eftorges on a transaction, Fee or interest charge ham the day we add it ro Nte doily once. We co mue ro impose interest charges until you pay the total amount you owe us. You can avoid paying interest on Purchases as dexribed below. However you cannot avoid paying interest on Babnce Transfers or Cash Advances. How fo Avoid Paving Ir~eresf on Pwchaaes"("Grace Period"l It you paid Mre sw son your pnrtous 691ing s~To ement by the PaymsnF Due Date shown on that billing statement, we will not impose interest charges on new Pwchases or any portion of a new Purchase, paid by the Payment Due Date on your current billing statement. New Pwchases are Purc}~ases that first appear on the current billing statement. How W Payments May Imuact Yow Grote Period you not pay yov~ew ""oafonce In Fim eacn moron, men, depending on the balance ro which we apply your payment, you may not get a grace period on new Pwchases. 11ow 1Me Cokulate Interest Cltatges Daly balance Method (eeksding cornett frmtsaelions): We eakulate interest charges each billing period by first figuring the "daily balance" For each Transaction Category. Transaction Categories inckxile standard Purchases, standard Cash Advances and d~ffsreritpromotioriai balances, such cs Bobnci?tans rs. Hew We Figure the Daily balance for ~ Transaction CaNgsry We start with the beginning balance for each day. The Ixainning balance for the first day of the billing period is yaw balance on Nte Lkast day of yaw previous bit mg pert Ws add any interest charges accreted on the previous day's daily balance and any new hansactions and Fees. We add any new hansacfans or fees as of Nte titer of the Transaction Dote or the first day of the billing period in which Nte hansaction or fee posted ro your Account. We subtract any new credits and payments. Ws make other adjustments (including those adjustments required in the "Paying Interest" section). How W~ Figure Your Total IrNeeest Charges Ws muhiply the daily babnce For each 7-ansacfion Category by its daily ppeeriodic rate: We do this for each day in the biNing period. This gives us the irdsrest charges for each Transaction Category. To get a daily periodic rate, we divide the APR that applies ro the Transaction Category by 365. We add up all the daily inrorsst charges. The sum is the total ineerost charge For the biging period. How Ws Ittdtsde Fees We add Babnee Tronsbr Fees to the ~plieable Balones Transfer Transaction Ccdegory We add Cosh Advance Fees ro the applicable Cash Advance TT'ransaction Category. We add aN other fees to the standard Purchase Transaction GCategory. balance Subject to InNnsf RoM. Your statement shows o Balance Subject to Interest Rate. It shows Skis far each transaction category. The Bobnce Subject to Interest Rote is the average of the daily balances during the billing period. Creditldances. If your Account has a credit balance, the amount is shown on tM front of your biting statement. A credit balance is money Nwl is owed to you. You may make charges against this amount if your Account is open. We wiN send you a rotund of any remairnng baksnce of S 1.00 or man aher 6 months, or as otherwise requaed by applicable law. Fen TDD (Tdeeomemee-ieafions Device For 1Fte f~ assislaree, pkwse cob 1.800-347-7449. DiscaQQ~~or and/or record tebphons caNs between you and Dixover representatives For quality asswonce purposes. The Discover®card is issued by Dixowr Bonk, Member FDIC RZNFE001 questions? vfsft MrMrar.ohscovsr.cottt or DISC~-NEi~ call 1 800-DISCOVER (1.800-347-2683). VERIFICATION 3~''1'~'~ ~~r ~< Leal Placement Account Manager (Name) (Title) of DB Servicing Corporation, servicing affiliate of Discover Bank, (Company) does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 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 Trust Company, is aFDIC-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 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 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 wholly owned subsidiaries of Discover Financial Services. Date l b -~ 4I -~ a- NATHAN J COOPER XXXXXXXXXXXX9781 'f.Gt./Ll~- ( gnature) DB Servicing Corporation serving affiliate for Discover Bank PO Box 3025 New Albany, OH 43054 WWR# 30054673 C A Pit SJS SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r..3 ~~ ~ ,~; - -Y ; ~ r Sheriff ~„u~ of `3uut~~,,r c1- ~ ~~ , r ~.ti r' - 4t :. Jody S Smith '~ '~~ ` .~ ~ ~ c3 -c~ ~; Chief Deputy j ~ ~> ~ ~=, <,=, Richard W Stewart :y `-"-~' -~ u - ~6 Solicitor ,.,,r ~ .. =~ ~~ ~ , ~~ ~ ; .=~;_ .. ~, ~ ~, - Discover Bank Through Its Servicing Agent, DB Servicing Corporation vs. Case Number Nathan J Cooper 2012-6852 SHERIFF'S RETURN OF SERVICE 11/13/2012 08:08 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Nathan J Cooper, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 311 Oakville Road, North Newton Twp, Shippensburg, PA 17257. Deputy was advised by current resident that the defendant moved to Pittsburgh over a year ago. SHERIFF COST: $48.00 SO ANSWERS, November 20, 2012 RON R ANDERSON, SHERIFF . ..".y5 a ci 9~r, ~ .colt, I'~,C.