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HomeMy WebLinkAbout12-6860 ~;~p ~+~ , ~f~'',`3~~~~' n ~ CL~ t.r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. TINA KLINGER Defendant 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 30056638 C A Pit SJS b~~~ ~~ Ib~b~~7 1} aS"~ I to 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 TINA KLINGER 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 116 REGENCY WOODS N CARLISLE, PA 17015 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9167 . 6. Defendant made use of said credit card and has a current balance due of $10493.91 A copy of Plaintiffs 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, TINA KLINGER ,INDIVIDUALLY in the amount of $10493.91 with interest at the statutory rate of 6.00 °s per annum from date of judgment and costs. K~ ~~ _ Wi iam T. Mo n,47437 WELTMAN, WEI G & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 A1Tn1R# 30056638 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 S 10,493.91 S 10,493.91 Payment Dw Date August 17, 2012 n sosrlsaot iwoss3s TINA KLINGER 116 REGENCY Hf00DS N CARLISLE PA 17015-9058 ~o~s PO BOX 6103 Illrnllnnrlrlul~lsllnl CAROL STREAM IL 60197-6103 O\91i~~~T Address, e•maf) or telephone change? ~r~~n~~urur~~Idn~nr~r~~urn~~~Inur~~Jlnnr~~nlu~l (', Go to www.Disewer.eam or print change in space above. 000001986618012683509104939100000001049391 opnting DaN: July 1, sots -Closing Dolt: Jdy ~,: Diacov~sr More Cord Account Summary Account number ending in 9167 Previow Balance 510,493.91 Payments And Crodih 0.00 Purchases + 0.00 Boksnee Transfer + 0.00 Cosh Advances + 0.00 Fees Charged + 0.00 interest Charged + 0.00 New Balance 10,493.91 See Interest Charge Calculation section folbwing hansoctions for detailed APR information CrodH Lins 59.900.00 Credit ores Availal>l.' x.00 Cosh Advanu Credit Lins 50.00 Cosh Advance Credit Line Available 50.00 ....a..rnar... wrrve Anniversary Month July Opening Cashbook Bonus Balance S 0.00 New Casfrback Bonus This Period + 0.00 Cashbaek Ffaws Flalana 5 0.00 To Iwm more, IO8 in at www.Discowrcom 3 Easy Ways to Contact Us 1 Access your aecovrd securely of www.Diseo~ereom 2. Call 1.800•DISCOVER ~l•800347.2683). frlewe haw your Discovers card awi 3. Write to ua d Discover f'O Box 30943, yak lake City, UT 841 r30 (Not a payment addresa) For payments,~~ send to address on remittorxe a Discover, PO Ffox d 103, Carol Scream, IL 60197~d 103 For T00 (telecommunications Device for the Deaf) aaaisMnce, pleoae coN 1.800.347-7449. Account Number ending in 9167 Enter Amount Enclosed Below Please make check payabb b Dixover Cord. Minimum payment due includes a past due amount of i 1,831.00. Phone and infemst ~yme~rdsnmgust be made by S:OOpm ET For some y Text APP to DISCOV` to receive a link to our free mobile app and pay your bill in seconds from anywhere! ~g.~~s Payment Information New Balance S 10,493.91 Minimum Payment Dw• 510,493.91 Payment Due Date August 17 2012 • Includes past dw amount of 51,831.00 tale Paytrrenf Wanrirg: IF we do not receive your minimum paymsrrt by Nts date listed above, you may haw to pay o ksfs Fee of up b 535.00 and your purchase and baksnce transfer APRs For new transactions may be increased up fo the Penahy APR of 24.24X variable. fllirirrwn f~trserM Wosnirg: If you make only Na minimum payment each period, you will pay more in interest and it witl fake YW IorsgK to PaY off your balance. For example: ij~ji . Fi(~Ih :... .~ !N... ... ...... ~Y ... ; Only iM minimum 10 years S 10,494 P°YmenF If you would like informafion about credit counseling services, till 1.800.347.1121 Moirwge Your Account CMl~ts at www.Discov~r.com Acessa Free online toils like Paydown Planner b croaN o plan to pay down your baksnce, aecuroly occeas statements, pay bills online and cosily track aN transactions Make your money worth morel-find easy ways ro sam and redeem cash rewards NEWT Access your account securoly through your mobile phone Transactions 30056638 ~'• p~,1i FrN ToTAI F13:3 FoR Tlll9 Peaou s o.oo ksterost Glwnyed TOTAL MEREST FOR TFNS PHIOD S 0.00 2012 Total Year-to-Date TOTAL FEES CHARGED IN 2012 S 0.00 TOTAL INTEREST CHARGED IN 2012 661.55 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ~ R' I 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. i i • Print a paper copy of your statement anytime. ~~ • Sign up today of Ditxavercam/poperless ' a9T010 O~scovcr Book. Member rDK PAPER.0310 N v z m D o_ OS W t0 W O1 N X V 30056638 QiIJQStIC11s? visit www.Disaoiv~rcom or DISC~'1/ER call 1-800-DISCOVER ~ 1-800-347-2683. DISCOVER t- Pays w ~~ TINA KLINGER j_ .,.p1.SCQYE~~J Aecaunt number ending in 9167 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is 1M annual Interest rate on your account. Current Bilirg Period: 22 dsys TYPE OF BALANCE Psrrdrases 10/09/2010 and after 10/08/2010 sad prior Cash Advarrns V .Variable Rate PERCRITAGE RATE 24.24% V 19.24% V 23.99% V wlT us1F~ cr TiD So so S8 BVTEREST CHARGE So SO SO Addipatd lmpor[estl Moesnation See yaw Cadmearber AereerrreeM. Your Cardmember Agroemen- contains ant IFre forma of yaw Aecounl. loq ar atslers cards. Report immediertelyl Cant 1-~00~347.26Y3. tMwt To Do H Yoe TbFsek You f1~ A INi1t~LCO tDer Year Stalaeaseast If you think Intro is an error on your Acitement, write fo ua d: Discover; PO Box 30421 Sole lake Ciy, UT 841340421 In your letter. give us ttre Following information: Account information: Your name and account number DoNar amount. The doNrar amount of the suspected error p~~~-°n of Problem: IF you chink titers is an errs on yaw biN, describe what you believe is wrong and why you believe ilia a mislaTri. You must corrtoct us within 60 days after the error appeared on your statement. You must notify us of arry potential errors I You may caN us, but if you do we aro not required b investigate orry potentid errors and you may haw b pay~ount in question. While we imatigale whether or rat then has been an error, dre faNowirtg aro hw: Ws cannot hY b eoNsct fM amount in question, or roporf yw as delingwrd on that amount. The charge in gg»stion may romain on your statement, and vw may carrtinw b charge you interest on that amount. But, if ws detsrmirts tFwf ws made a mistake, you wiN not haw b pay the amaxrf in gwstion or any interest or other fees rsksled to that amount. While you do rat how ro pay the amount in question, you are rospomible For ihs remainder of your bakarce. Ws can apply any unpaid omourrf against your credit lima. Your Riolett N You Arr WttaMitReef 111rfM hour Cndl- Coed Pint If you are diuatisfied with Ilsegooda or services Ihaf you haw purcltosed with yaw credd cord, and You haw hied in good faith b correct the problsrtt with the merchant, you may haw tFre right rat b pay the romaimrtg amount dw on the purcho». To u» this right, dl of the FoNowing moat be true: 1 The purchase moat haw been made in your home state a within 100 miles of your current mailing addnu, and the pureho» prrw must haw been more Nran 550. (Nola: Neither of these aro necessary if yaw purcta» was based on an advertisement we mailed byou or iF we own the comporry Ilrat sold you the goods or services.) 2. You must haw used yaw credit card for Me purcha». Pwehasa mode with cash advances from an ATM or with a check that aeees»syow credit-card account do nW qudify. 3. You must rat yet haw fuNy paid for dre purcha». If all of the criteria above aro met and you aro still dissdisfied with the purctross, contact us in wr' i at: Discover PO Box 30945, Sah lake Ci yi , UT 841344945 While we investigate, dte same rules apply b the disputed amount at dixussed above. After wa finish our investigation, vve writ teq you our decision At that poirM, iF vw think you owe an amount acrd you do rat pay we may ropat you as delingwN. PayeteMs. You may pay aB or part of yaw Account balance d any time. However, you must pay of least the Minimum Payment Dw by dte Payment Due Gate. Send only your payment sad dre top portion of this statement in the envelope provided. Do not send cash. 8y sending yaw check as dexribed above, you aulhonze us to u» information on your cheek to make an electronic hard tronsTer from your account d 1Fre finoneid institution indicated on your elreek or b proeeu 1fn payment as a cheek tranaoetion. IF p~y~ is processed as an eeeronic fund trar-sfer the harr:fer wiq be For the arnount of H» check. When we use inkxmdion' (r your cheek b make an electronic fund 1rons~rr; funds may be withdrawn from your account as soon as 1M name day we receive yaw payment, and you will not receive your check back From your financial institution. T1N proceuing of ant maybe delayed if you »rrd cash, corresportdettoe or other items with yaw payment, if y~r »nd tM paymerd fo arry ocher oddreu or iF you use ar envektpe alFrer 1Fan Nn one provided, Payments rewrvrd in proper form at our proceuirg facifiiy.. 5PM lord fime on any ~y wrN be ardifed b Account w of that day. Payrnenls received at our processing Focrh after SPM kxal time wiN t» erodited to yaw Au~orrrd as of the nNd day If you haw mispkued yaw envelope, send your payn»nt b Dixover, PO Box 6103 Card Stroom, IL 60197-0103. Please allow 7.10 days far delivery. IF yaw payment rs relumed unpaid, we reserve the rig~f b resubmit it as an ekxironic debit. 30056638 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION You con pay r monthly Minimum Poymsnt Due, a o greater amount that doss rwt exceed your current Account balance, owr dte fete ne or you con setup wlarnahC payments through o customer service repreasntotiw by calling . 1-804347. 683. Aulomdic payments wiN h~ deducted on tM Payment Dus Doh unless you request a recumng payment dais (s.g. the 15th day of IM month) that occurs before your Payment Due Dote. If your xheduled,paymsnt date falls on a weekend or bank holiday, your payment wiN be processed the business day for b the weskerx! a bank holiday. In order to schedule monthly payments you wit need this stMemsnt o~your bank «count information. You wiN be asked to provide the ksst Four (4~digifs of the socid seeurdy number of the primary borrower. By providing those numbers os your electronic signature, you wiN bs agreeing to this aullwr¢ation to albw us and your bank to deduct s«h payment you authorize, in the amount selected by you, from your bank account. You ilea aulhonzs us to initiate debit or credit ankles ro your bank account, as ~~jjrcable, fo corrxf an error in the prousairg of rock payment. You car cancel a scheduled payment by phone d 1.964347.2883 or by moil of Dixover, PO Box 3t~21 Soh take City, UT 841340421 howevx we must receive notice al least 1Mse business dales in advance of the scheduled payment. If your payments may vary in amount, we wiN tell you on s«h monthly biNing statemend when your payment wiN be made and how much ~t will be. You must enwre that wfFicient funds are available in your bank «tount, and all fronsactions must comply with U.S. bro. You can set automdic paymenh for• (i) afalemsM New Balance, (ii) statement Minimum Payment Dus, (iii) statement Minimum Payment Due plus a fixed ddlar amount, or (iv) a Bxed ddlar amount. If your xheduled fixed payment is not snowggh to cover the Minimum aymsnt Dus as listed on your Y bil~krg statement, your scheduled payment For that month will be increased -o cover the Minimum Payment Dw. If fhs scheduled payment is grester than 1M Minimum Payment Dus, any excess will bs a led in «cordancs with your Cardmeml»r Agreement. IFyour xheduk+d payment is greater than tl» New Balanu on your billing statement, that payment wN be pr«essed only for IM amount of your New Balance. Your outom~ic ppaayment amount maybe less than Ilre amouN indicated on the periodic statement based on credits or payments after the Cbsing Dote. If you enroll by phone in our automatic payment service, please fill.in the Folbwing bbnks below and retain the authorization fa your records. Amount: ^ Full Pay ^ Min Poy ^ Min Pay + S ^ Fized PoyS o Bank Routing #: .Bank Account #: ,Frequency: z Credit R~poring We may report inFortnatiolt about your Account to credit bureaus. Lots payments, missed payments, a o ocher dslouHs on your Accourd may bs roflsdsd in your aedif report. Ws normaNy report the status and payment history of your Account M crodd reporting agencies each marlh. If you rsve that our repptt is inaccurate or incomplete, please write $ us at IFrs foNowing address: Dixover, PO Box 15316, Wilmington, DE 198545316. Please indicate your name, address, $ home tek~phone number and Account number tO Paving trNerest We bsain to impose interest charges on a hansadion, fee a interest charge 6om the day ws add it to the doily 6aloncs. Ws c mw to impose interest charges until you pay the total amount you owe us. You can avoid paying ~ interest on Purchases os described bsbw. However, you cannot avoid paying interest on Balance Transfers or Cosh Advances. How to Avoid Pavinglnterest on Purchasss~~ Period") Tf you pad the N'- Ba a~ixe on your prw s r mg a ment by the Payment Due Date shown on that biAing statement, we will not impose interest charges on new Purchases or any prtion of a new Purchase, paid by the Payment Dus Dote on your current billing statement. New Purchases an Purcjasss that first appear on the current billing statement. How We A Pavmerrts Mavlmr~ et Your~Gr~a a Period you not pay your w sin uT~N~i«h month then, depending on the balance to which we apply your payment, you may not get o gr«e period on new Purchases. tbw UIFe Cakulols irlerest Charges Daly aologa FaAsll+od (indudirg current transadionsjt We calculate interest charges each biNing period by First figuring tl+e "doily bolbnce" For a«h Transaction Category. Trans«tion Categories include standard P-urchases, srondad Cash Advanou and different promotional balances, such as Bobnce Transfers. How We figure the Dar balance {,a Godr Transaction CaN9aY We start with the bs~innirrg balance for a«h day. The beginning balance for the first day of the billing period is your balance on the ost day of your previous biking period Wa odd any interest charges «cnr}d art the previous day's daily balance and any new transactions and fees. We add any new transactions or (see as of the later of the Trans«tion Date or the first day of Ihs billing period in which Hro hansaction a fee posted b your Account. We subhact any rww credits and payments. We make other adjustments (inckx4ng those adjustments required in the "Paying Interest" section). How Ws Figure Yeur Total hserssf Charges We muhiply the Bally baksncs for each Transaction Category by its daily periodic rate. We do this for a«h day in the billing period. This giros vs the interest charges for a«h Transaction Category. To get a doily periodic rote, we divide the APR That applies fo the Tans«tion Category by 365. Ws add up all the daily interosf charges. The sum is the total interest charge for the billing period. How nth Mrchrds Fees We add Balance Transfer Fess to the applicable Bdance Transfer Transaction Caatteeggoory We add Cash Advance Fees to the opppplicabls Cash Advance Transaction Category. We add aN other fesslo the standard Purchase Transaction Category. balance Subject to )trten~ Rafe. Yaw statement shows a Balance Subject to Irdsrost Rate. It shows this For each hansaction category. The Balance Subjectto Interest Rate is the average of the daily balances during the billing period. Credit balarKes. If your Account has a credit balance, the amount is shown on the from of your billing statement. A credit bokmee is money tlraf is owed fo you. You may make charges against this amount rf your Account is open. We wiN send you o round of any remarnrng balance of 51.00 or more after 6 months, or as otherwise requrred by applicabb law. For TOD (~slecorrerwrrkolions Dwice for 11ie Dsefj assislancs, please caN 1-800-347.7449. Dis'ci?~or and/or record telephone cans between you and Dixover reprosentatives for qualify assurance purposes. The Dixover®cad is issued by Dixover Sank, Member FDIC RZNfE00t Questions? vf511 WWW.o1bCOYK.fn111 or DISC~Et~ call 1.800-DISCOVER (1-800.347.2683. VERIFICATION ~'~~ ~a''~' Leal Placement Account Manager (1`l~e) ~ (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 ~ p -~l°1 -1 a- TINA KLINGER XXXXXXXXXXXX9167 (Si nature) DB Servicing Corporation serving affiliate for Discover Bank PO Box 3025 New Albany, OH 43054 WWR# 30056638 C A Pit SJS SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~ptp 4i ~aruab~~.~~~~ ~~r~~v~w z~ AM i~~ s7 CUMBEFt~.ANq COUNTY P~!~tdSYtVAN1A Discover Bank Through Its Servicing Agent, DB Servicing Corporation Case Number vs. Tina Klinger 2012-6860 SHERIFF'S RETURN OF SERVICE 11/16/2012 03:15 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Justin Gusler, brother of defendant, who accepted as "Adult Person in Charge" for Tina Klinger at 116 Regency Woods North, Middlesex Twp, Carlisle, PA 17015. RYAN BURGETT, DEP SHERIFF COST: $34.00 November 21, 2012 SO ANSWERS, -.,.. RON R ANDERSON, SHERIFF ic} CeuniySuire S;,en K; Teir;.,c;;rl, Inr.