HomeMy WebLinkAbout12-6859
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Discover Bank,
Through Its Servicing Agent,
DB Servicing Corporation
Plaintiff
vs.
LINDA L PEFFER
Defendant
l~`~v~1
No:la_t~SSq
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
30056275 C A Pit SJS
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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
LINDA L PEFFER
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 22 GRANDEE DR
CARLISLE, PA 17015
5. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX0923 .
6. Defendant made use of said credit card and has a current balance
due of $5482.34 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, LINDA L PEFFER ,INDIVIDUALLY in the amount of $5482.34
with interest at the statutory rate of 6.00 s per annum from date of
judgment and costs.
w~
William T. Molcza 7437
WELTMAN, WEINBERG REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
WWR# 30056275 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.
DISCOVER New Balance Minimum Payment Due ~
55,482.34 i 55,482.34
Payment Dw Date
DUE IMMEDIATELY
08 SDSN6A010008301
LINDA L PEEPER
22 GRANDEE DR
CARLISLE PA 17015-8129
Account Number ending in 0923
Enter Amount Enclosed Bebw
~~
Text APP to DISCOV' to receive a Nnk to our
free mobile app and pay your bUl in s:ecaxk{
from anywhere)
PO BOX 6103 ~Ilur~~ua~lna~n~na~rl~
CAROL STREAM IL 60197=t51D3
Addnss,eanoilortebpf:onechonge4 I Il,rllnnulllrlrr rnlrllnnillllmnllrllrmillulnll
Go to www.Discowrcom or print change in space above. ~ I
OD000198645833875415905482340000000054$234 „~~~~~
DPu^~g Dale: July 9, 2012 - Cbsing Dale: August 8,
Discover Moro Card Account Summary
Account number ending in 0923
Provious Balance 55,482.34
Paymerda And Credits 0.00
Purchases + 0.00
Baksnce Tra:sfen + 0.00
Coati Advancer + 0.00
Pea Charged + 0.00
Irderat Charged + 0.00
New Boksnce 82.34
See Irdered Charge Cakukdion section following
transactions kx detailed APR information
Credit Line 610,300.00
Credit Uns Avalcbis 60:00
Cash Advance Credit line 60.00
Cash Advvnee Credit Line Avaiksble 50.00
wsa>foacR ovnus Anniwnary Month
November
Opening Cashback Bonus Balance 6 0.00
New Cashbadc Bonus This Period + 0.00
Ceslrboek 8enus lelanee 6 0.00
To born more, log to at www.Disoowr.a>tn
3 Easy Ways to Contact Us
1 Aeeeu your account securely of www.D'aeovercom
2. Call 1-800-0ISCOVER (1-800.347.2683).
Please haw your Diacowr~ cord available
3. Wrier to ua of Discover PO Box 30943,
Sah Laks City, UT 841 r30 (Not a payment addnu)
For paymenb, send to address on nmiMonca or
Discover, PO 6103, Corot Sheam, IL 60197.6103
For TDD (felecommunieatfona Device for the DeaF~
auisfancs, please call 1-800.347.7449.
2012 page 2
Payment Information
New Balancer 55,482.34
Minimum Payment Due* 55,482.34
Payment Dus Date DUE IMMEDIATELY
*Includa past due amount of s 1,020.00
(ale PaymerM Wannng: If we do r:d receive your minimum
payment by the daN listed above, you may haw to pay a krt.
fee of up >b 535.00 and your purchase and balance hana(er
APRs for new transactions may bs increased up to the Penahy
APR of 22.49% variable.
MisirMnn Payment Waassiig: If you make only the minimum
payment each period, you will pay man in interest and if will
fake you kxiger to pay o~~fFyy~yo~r balance. For exampks:
~~ >.>&i ........:
Only the minimum 12 ysan 65,482
payment
If yav would like informcAion about credit counseling ssrvica,
cob 1-800.347.1121
Manage Your Account Online at www.Discover.axn
A«ess free online tools like Paydown Planner to create a plan
to down your balance, securely access staNmenri, Pay
bills orJine and easily track all tronaadion:
Make your money worth moron-Find cosy ways to cam
and redwm cosh rowards
NEWT Access your account securely through your
mobile phone
Ttnnst~tions
300562 5
Pea TOTAL FEfS FOR t1R5 PERIOD s ooo
Inlesest ~d Toru NTEREST FOR THIS PEtiyOp s o.oo
2012 Totals YeoMo-Date
TOTAL FEES CHARGED IN 2012 6 210.00
TOTAL INTEREST CHARGED IN 2012 449.78
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION D' R
Paperless statements ' , eon less clutter, more convenience
' Easily access up ro 24 months of dow
• See your statement as soon as iYs
• Get helpful payment reminders thl
• Print a paper copy of your srotem
• Sign up today at Discavercan/p1
®2010 Dixover Bank, Member FDIC
adoble, password protected statements.
ailable rather than wait for it to arrive in your mailbox.
3h e•nlail or text messages on your mobile phone.
anytime.
PAPER.0310
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30056275
(~IJestlOfls? Visit www.DisaovK.o In or DI~~R
call 1.800-DISCOVER (1.800-347-2 83~.
DISC~.~VER
It pays b LINDA L PEFFER
Q~~~V~ Account number ending in 0923
page 2 of 2
Interest Charge Cakulation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
CumM b~irg Perkd: 31 days
TYPE OF BALANCE ~~ ~ CENTACiE ~SU~UECf TO ANTEREST CHARGE
Pur~choses 17.49% V SO SO
Cash Advances 23.99% V sO SO
V =Variable Rate
Additional Important Iniornietion
See your Cerdmetsslser AgreernerM. Your Cadmember Agreement contains all the terms of your Account.
Lost or stolen cords. Report immediately) Cofl 1.800347-2683.
WMtot To f>o N Yov Tfsink You Find A AW:toke On Yaw ltatet~ttt
IF you think then is an error on yaw stderneM, write b us at: Discover, PO Boz 30421, Salt lake City, UT 84 1 30-042 1
In your (otter, give us ihs faAowing information:
Account Jnformation: Your name and account number.
Dollar amounh Ths dolls amount of the suspected error
Descri Lion of Problem: If you think there is an error on your biA, desail» what you believe is wrong and why you believe
rt is a mia~ake.
You must contact us within 60 days after tM error appeared on your statement.
You must notify us of any poNntid errors i tin .You may call us, but if you do ws an not roquind b investigate any
potenfid errors and you may how b pay amount in question.
While we InvesMgate whetMr or not then has been an error; the following aro true:
We cannot try b cdlect the amount in question, a report you as delinquent on that amount.
The charge in question may remain on your statement, and vw may eontima to charge ywr interest on tfwt amount. But, if
we determine That we mode a mistake, you vdA not haw b pay 1M amount in question or any interest a other fees reksted
b that amount.
While you do not haw b pay the amount in gwstion, you are responaibls for the remainder of your bakmce.
We con apply any unpaid amount against your credit limit.
rover Rfds-s N You An DbsoKtRed IAMIs Yew Cndl- Cord Psrndseees
IF you are dissatisfied with the goods or services that you haw purchased wish your credk wrd, and you haw hied
in good Faith b eorred the problem wkh the merchant, you may haw 1M right not b pay the remaining amount
dw on the purchase.
To use Ihia right, aA oFthe following must l» true:
1 Ths purchase must haw been made in yaw home stab a within 100 mile of pow current moiling address, aid
the purchase prig must haw been man than s50. (Note: Neither of ttrese aro neeeesary if your purchase was
based on an advertisement we mailed b a iF we own iFre company that >lold you IM goods a servreea.~
2. You must haw used yaw credit cad for fM haae. Purdwaa made with cash advances from an ATM or with a
check that accesses yaw eredrt cad aceou do red quoliFy.
3. You must not yet hove Fully paid for Ihs purchaas.
IF all of the criteria above an mN az~ you-are sfiA dasdisfled with the purchase, contact us in writing at;
Discover, PO Box 30945, Sak lake Ci yl , UT 64130-0945
While ws investigate, the same n>les apply b the disputed amount as discussed above. Aker we finish our
investigation, awr~NN yountow decision. At Ihat point, iF we think you ovw an amount and you do rwt pay ws
oy ropo Y~ nqw
Paymerws. You may ppaayy aA a pat of yaw Account balanw d arty time. However, you must pay d least the Minimum
Payment Dw by the Payment Dw Date. Send only your payment ad the top poAion of (his stalen-ent in 1M envelope
~~~d Do not send sash. BYY sending yaw check as described above, you arlFwrise us b use information on ywx efrsek
fo make an efacfronk fund tratsller from your account at d-e firwrtcial institution irxlicated on yaw check a b process iFre
p~y~e~ as a check transaction. If payment is processed as an electronic fund transfer ifw transfer wiA be far the amount of
sfh ' cFrock. When we use imfamdion from your check to make an elechonic iumd transfer, fund: mmaayy be wid+drawn from your
account as soon as the sane day ws rocefw your payment, and you wiA rwt rocsiw your check boclr from your financial
institution.
The processing your payment may be delayed if you send cash, eomspondenes a other items wdh y~o r payment, if you
send tM paym to y e1Mr address a if you use an envelope other tFran 1M one provided. Payments ureceiwd m proper
form d our processing facility ~y SPM kxal time ar ary vnA l» credited b yaw Acaounf as of 1Frot day. Payments
received at ow processxg foeili~y after 5PM kseal time wiN be credited b yaw AcearM as of Na mead day If you haw
misplaced your envebpe, send your payment ro Discover; PO Box 6103 Carol Skean, ll 60197.6103. Please aNow 7.10
days for delivery. IF your payment rs returned unpaid, we reserve the rig~it b nwbmif it as an electronic debit.
30056275
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
You can y monthly Minimum Payment Dw, a grecder amount that does not exceed your cumnt Account balance,
over the or you can setup arrlomdic through a customer service represerrtafiw by caging .
1.800.347- 683. Automatic payments wiN bs on Ihs Payment Dw Dots unless you regwat~~recurnng payment
date (e.g. tM 15th doy of dre mordh) that «cws your Payment Due Dots. IF your xhed~ded ent date faAs on a
weekend or bank hdirJay, Your payment wiN be R» busrrresa day prior ro dre weekend or bank holiday. In order
ro schedule mordFrly payments b you veil Ibis statement and your honk «cormt information. You wiN be
asked ~b pprorovvrrcle Ilre lost four (4~digih of elfie soeid ily rwmbsr of the primary borrower. By providing those numbers as
your etechon'K signature, you wJl be agreeing ro ~ authonzalwrr ro albw us and your bank ro deduct a«h payment you
authorize in the amarnt selected by you, from your «count. You also authorize us to initiate debit or credit entries to
your bank «count, as a rcabls, to correct an , in the processing of such paymer~, You can cancel a xhsdukid
payment by pfrons at 1.347.2683 or by mail d Dixowr, PO Box 30421 Sah take City, UT 84130A421 however we
must receive notice of least three business days in s of the xhedukid payment. IF your payments may vary in amount,
ws will teN you on a«h monthly biUirrg statement your payment wiN be made and how much it will be. You must ensure
that sufficient funds ore available in your bank «c ,and all transactions must comply with U.S. ksw.
You con set automatic poymergs For: (i) statement
Payment Due plus a fixed doNor amount, a (iv) a
Mre Minimum oyment Dw as liated on your morrThl Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum
dollar amount. If your xhedrrled fixed payment is not h to cover
i statement
o
h
d
l
d
F
h
y
increased ro cover the Minimum Payment Due, If the
excess wiN be ied in «cordarce with your C
Balance on youi biNirg statemrnt
tfKSt
a
ment wiN , y
ur x
e
u
e
payment
or T
at month will
payment is greater than the Minimum Payment Due, any
her Agreement. If your xhedukrd poyrt~ent is greater than the Nsw
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f
h
,
p
y
payment amount maybe less than tine amount ind esse
on
y
or I
s amount of your Nwv Balance. Your automatic
th
i
Closing Date. on
e per
odic statement based on credits or payments after the
i
IF you enroll by phone in our automatic pgymenf serv~ae, please fiN-in The following blanks below and retain the authorization
For your records.
Amount: ^ FuN Pay ^ Min Pay Min Pay + S ^ Fixed Pays
Bank Routing #: ,Ban k count #: ,frequency:
Credit Ws may report infarmdion abou
other defouks on your Account may be rsflecNd in
your Account ro credit reporting ogerrcies each t Account ro aedif bureaus. late payments, missed payments, or
r credit report. We normaNy report tM atotus and payment history of
If you believe that our repot ~s m«curate or incom
l
t
l
its
us at tM folowing address: Discover PO Box 153
home telephone rwmber and Account number 1 p
e
e, p
ease wr
,Wilmington, DE 198545316. Please indicate your name, address,
isleresh We in ro impose interest c
dail
o
We continue ro i
os
i
t
t on a trans«tion, Fee or interest charge bom the day we add it ro the
l
y
.
mp
e
n
eres
interest on Purchases as dexribed bekwv. Howeve unti
you pay the rotal amount you owe us. You can avoid paying
r you cannot avoid paying interest on Babncs Transfers or Cash
Advances.
How ro Avoid F aLrin~on Pure iod"
IFy-our-paid 1M Nwv Balance on your piev~ous r~atemsnt by the PaymerN Dw Date shown on that biAing statement, ws
wiA not impose interest charges on new Purchases any prtion of a rrow Pwchose, paid by the Paymerd Due Dote on your
curtent billing statement. Nsw Purchases aro Purc that first appear on the cumnf billing statement.
How We Pa orris Ma Im ad Your Cstace i d
Y« nor P°Y Y~ eve a once m e« mo ,depending on the balance ro which we apply your payment,
you may not get a gr«e pxiod on new Purchases.
Ffovv We C.alcsrlale Ysterest Cbeg.s Dor7y.ffalerree " (including current k'assaclions): Ws cakulate interest charges
each biting period by first Figuring The daily ~e«h Trans«fion Category. Transaction Categories include
standard ~urch6ses, siandara Cosh Advcness aide ((event promotional balances, such as Bolcnce Transfers.
How We Figure dre frbiy odanee for 6adr Trensa
We start with the inning balance for ea
yaw balance on dre asf day of your previc
We add any interest charges «trued on A
add any new transactions or less as of the
which the hansaction or Fes pwlsd ro yaw
We wbtract any new credits and poymenq
Wa make other adjustments (including iFros
Hew Wi ftigure Yaw Told interest Charges
We multiply the doily balance far a«h Tro
the billing period. This gives us the interest
we divide the APR that applies to the Trarni
Ws add up dl the doily interest charges. T
How V1h krclrrde Fee:
We add Baksnee Transfer Fess ro dre applicable Bc
Fees ro the opplicabb Cash Advance Transaction
Transaction CCategory.
Ndarra Subject te Merest Rile. Y
trans«tion category. The Balance
period.
Credi Ssiarress. If your Account has a credit k
A credit baksnce is money Ihat is owed ro you.
open. We wiN send you a refund of any remoi
requrred by applicabN law.
h Category
day. The beginning balance for the Fill day of the billing period is
billing perioodd'
previous day's daily baksnce and any new transactions and fees. We
K of the Transaction Dale or the first day of the billing period in
adjustments required in the "Paying Interest" section)
fiction Category by its daily periodic rate. W~ do this For oath day in
llargss For a«h Transaction Category. To get a daily periodic rate,
lion Category by 365.
s sum is the total interest charge For the biling period.
rote Transfer Transaction Cafe~ory~ We add Cash Advance
te6°fY. We add all other hesTo the standard Purchase
rs a Balance Subject ro Interest Rate. If shows this for each
Rats is the average of the daily balances during the billing
~, the amount is shown on the front of your billing statement.
nay make charges against Ibis amount if your Account is
wlance of S 1.00 or more oker 6 months, or as otherwise
For j~1JRklsaosmr'nkalions fr'eviee for ilre DeoA please call 1-t100-347-7449.
Pu JJ~VV~UUI;mrjay~Zro]on5ifor and/or record telephone between you and Dixover ropreserdofiws for quality assurance
The Dixovermcard is issued by Dixowr Bank, Ms~rrber FDIC
QU~Sfif~T1S~ VI$It WWW.DIftOVM',
call 1-800-DISCOVER (1.800-347-:
RZNfE001
or
DISC+~"i/ER
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VERIFICATION
~cXtita S~'a,~ K- Legal 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 0 -- I ~ - ! a-t-
LINDA L PEFFER
XXXXXXXXXXXX0923
(Si ature)
DB Servicing Corporation serving affiliate
for Discover Bank
PO Box 3025
New Albany, OH 43054
WWR# 30056275 C A Pit SJS
WELTMAN, WEINBERG & REIS, CO. , L. P.A.
BY: Ashley L. Sweeney, 313667 Attorney for Plaintiff (s)
I .D. No. 313667
436 7th Ave Ste 1400
Pittsburgh PA 15219-1827
(412) 434-7955
FAX: 412-338-7130
File # 30056275 C A Pit SJS
Discover Bank,
Through Its Servicing Agent,
DB Servicing Corporation
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
vs .
LINDA L PEFFER
CASE NO. 12-6859 CIVIL ;
-a�t�
rrt W C73 Ai;.-
PRAECIPE TO SATISFY <
D� qtr ,
ca
-< :„r;
TO THE PROTHONTARY:
Kindly mark the case and judgment entered against Defendant LINDA
L PEFFER as satisfied.
WELTMAN, WEINBERG & REIS CO. , L. P.A.
By << £4'_ !
Ash o►77 1 . S e -
Attorney flier Pl. ntiff
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