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Home My WebLink About12-7047{~ G ~ - `r'1 ~ ..-. ~ ~~ ~~ ~ ~ ~~~ "'~ r cn -{ ~ -" ~ ~~ , --~ a ~_° ~ Y t ~ ~ .. -t: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. _..~_ No : ~a - ~oy, w; l ~~01 rM COMPLAINT IN CIVIL ACTION GEORGE BENTLEY Defendant 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 30062993 C A Pit SJS 5 103.7 P~ ~ ~ ~~ 108o(~a53 e~z83 a.~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIOI~~ Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. Civil Action No GEORGE BENTLEY 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 11 RAILROAD AVE SHIREMANSTOWN, PA 17011 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8355. 6. Defendant made use of said credit card and has a current balance due of $1309.42. 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, GEORGE BENTLEY, INDIVIDUALLY, in the amount of $1309.42 with interest at the statutory rate of 6.00 % per annum from date of judgment and costs. r~ ~--~ Wi iam T. o cz ,47437 WELTMAN, WEINBE G & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 30062993 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 i Minimum Payment Dw Account Number ending in 8355 DISCOVER 60.04 ; 6311.00 Erdsr Amount Enclaaed B.bw Poymenf Dw Date $ ~-~ Augud 26, 2012 31 SDSMfA02 0023421 OEOR6E BENTLEY 11 RAILROAD AVE SHIREMANSTOWN PA 17011-6336 2012 PO DOX 6103 Illsss~lsssssll"rsllsll"~ GAROL STREAM IL 60197-6103 Addrou, e-mail or telspfans changeF Itllu~lnun~llrirr~nr~r~lrnul~llruu~~rllnur~lulu~( Go to www.Diocover.eom sprint change in space above. ~H~BIT 000001986455340231275000000000000000031100 ~"i^9 Dta1s: iuly 13, 2012 - posing Dah; Jule 31, Discover Mors Card Account Summory Account number ending in 8355 Previous Balance S 1,309.42 Payments And Crodih 1,309.42 Purcfgses + 0.00 Balorrce Tronsfsrs + 0.00 Cash Advances + 0.00 Fees Chorged + 0.00 + Interest Charged 0.00 _ _ _ _ New Balance __ _ 60.00 Sae Inbrest Charge Cakuldan section Following hanaadio~s For detailed APR inFormotion cr.dir urea s 1,000.00 Credit line AvailakSle 50.00 Cash Advance Credit line 5300.00 Cash Advance Credit Une Available 50.00 WsttoaCa ~~- Anniversary Month August Opening Cashback Bonus Balonce S 0.00 Nsw Cashback Bonus This Period + 0.00 Coshbedc bonus Rdana s 0.00 To loam more, log in a: www.Drseover.tom Text APP to DISCOV' to receive a Imk to our free mobile app and PsY Your bBl M seconds from anyvrhsrel page 1 of 2 Payment Infornxrtion New Balance 50.00 Minimum Payment Due ;311.00 Payment Dw Date August 26, 2012 tale Paynrestt Wamirtg: IF ws do not receive your minimum payment by the dab listed Dhow, you may haw to pay a late Fee of up b 635.00 and your purchase and balonee tmnsFer APRs For nwr Mansoctions may be increased up to the PenaNy APR of 27.99% variable. Manage Your Account Online at www.Dh'scav~r.com Securely access statements and free onlira toils, pay biNs online and track and view aN hansoetions simply and eosily Make your money worth more~"t-find easy ways ro earn aad redeem cash rowards NEWT Access your account securoly through your mobile phone 3 Easy Ways ro Contact Us 1 Acuu your account securely at vvww.Obcewraom 2. CaN 1.800-0ISCOVER (1-804347-2683).' Please haw your Discover. card avai 3. Writ b w aF Diacovsr PO Box 30943, SaN lake City, UT 841 ~0 (Not a payment addreu) Discover ~~ x61030 o) 5lnam~I16019 -6103 for TDD (Ieleoommunicafions Dwice for the Deaf) auistanu, pleme eoll 1.804347-7449. TranSOCtions Trans. Post Dale DoN raY11e"n and Credits Jul 31 Jul 31 INTERNAL CHARGE-0FF S 1,309.42 Fees TOTAL FffS FOR TFRS F'E~RIOD Z 0.00 hd.rest Ll'a-9ed TOTAL IMEREST FOR 1FNNi PQ10D S 0.00 2012 Totals Year-to-Date TOTAI FEES CHARGED IN 2012 S 245.00 TOTAL INTEREST CHARGED IN 2012 100.21 30062993 NOTFCE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Poperless statements Easily access up to 24 months of dow • See your statement as soon as it's • Get helpful payment reminders thr • Print a paper copy of your stateml • Sign up today at Discoveccom/ A20I0 Dixwm sank, M.mt,•. FOIc neon less clutter, more convenience oadoble, password protected statements. vaibble rather than wait for it to arrive in your mailbox. ugh e-mail or text messages on your mobile phone. t anytime. erless PAPER.0310 u1 v z m a 8 N _NN X N 30062993 QttQStlOns? Visit www.Di or call 1.800-DISCOVER (1.800-347 683). ~~~[~ DISCeVER n pays b ~ GEORGE BENTLEY Account number endi m 8355 i_ asc_~vEa ^~ page 2 of 2 Interest Charge Calculation Your Annual Percentage Rafe (APR) is the annual interest rate on yow «counf. Cummt 6Rlirg Period: 19 days TYPE OF 6AWNCE ~ U~ CENTAGE ~A~l ,tiCE~ FCT TO INTERF~T CFiAIIGE Purchases 22.99% V j0 j0 Cash Advarrass 24.99% V j0 j0 V .Variable Rate Addiliasd knporlarsf Irrkrmalion See your Cardmemb~ Agnernwrf. Yow Cardmsmbsr Agresmont contains aA the terms of yow Account. last ar s/elea cards. Report immediately) Call 1-800.347-2683. Whot' 1e iDe itf You lfdrsk Yea Find A AtlieMke On rear ileMmaM If you Ihink )here is an error on your statement, wriro to us at: Discover. PO Box 30421 Sok Lake City, UT 84 1 30-042 1 In your letter. give us the folbwing informotion: Account information: Your name and «count number. Dollar omouM: TM ddbr amount of the wspeded error Descri Lion of Nrobfsm: If you think there is on error on your bill, dexribe what you believe is wrong and why you beliwe d ~s a mi cs. You must contact us within 60 days after the error appsorsd on your statement. You must ratify us of any porontial errors in~wnti .You may call us, but iF you do we aro not required to investigaro orry poroMial errors and you may haw fo pay the amount in gws}ion. While we inwstigaro whether or not )hero has been an error, the Folbwing are hw: We cannot try to cdk«t the amount in question, or report you as delirquent on that amount. The charge in qquestion ma remain on your statement, and ws may oorNinw b charge you interest on That amount. Buf, iF we determine }fiat we made a mistake, you wiq not hove to pay the amount in gwsfion or any interest or other fees reksrod to that amount. While you do not haw to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount againaf your credit limit. tour RktMi li lreu Are WeeatFaRad wlllr Your Cndf1 Card PrrrYiseew. IF you are dissatisfied with the goods or servkes that you have purehosed with your credit card, and ycw have hied in good foilh to totted the problem with the merchant, you may haw the righT not to pay the remaining amount due on the purchase. To use this right, all of the folbwing must bs hw: 1 The purchase must have been made in your home state or within 100 miles of yow current mailing address, and the purchase price must haw been moro than j50. (Note: NeiNier of these aro necessary iF yow pwehose was based on an adwrtisoment we mailed to you or if we own the company that sold you the goods or services.) 2. You must haw used your credit card Got the Purchase. Purchases made with cash advoncss from an ATM or with a check that «cesses your ered8 card accouriF do not qualify. 3. You must ria yet haw fully paid For the purchase. IF aN oFtM Criteria above aro met and yy are still dissatisfied wish lhs purchase, cant«t ur in writira at: Discover. PO Box 30945, SaFt Lake Cily~UT 84130.0945 While we investigate, the same rakes apply fo the dispurod amount as discussed above. Aker we finish our inwsngafion, we will teN you our decision. At that point, iF we think you owe an amount and you do not pay we may report you as delinquent. Paymersts. You may y all or part of your Account balance ar arty time. However, you must pay ar least Tlie Minimum Payment Dw by the f~aymeM Dw Daro. Send only your payment and Nie top porNOn of this statement in the envelope provided. Do not »nd cash. BYY sending your check as descnbed above, yew oulFarizs us to ass information on your check to make on ekedronic fund hansfer from yaw account aF the financial insfitutfon indkafsd on your check or to process the payment os o check hanaadion. If payment is pr«essed os an ekeefronk fund )roofer, tl» honafx will be kx 1he amouriF of the check. When wo use information- from your check to make an skadronic fund transfer funds may be withdrawn from your occowd as soon as the same day we receive your payment, and you wifl red reaiw your check back From yaw financial instihrtion. TM pr«sssing of your paymerd may bs debyed if you send cosh, eorreapanrlenee or otMr iroms with your payment, if you send the payment fo any dher address or iF you use an envelope other Than tM one provided, Payments rxsiwd m proper form of our processing facility by SPM bcal time on any dayy will be credited to yaw Account as of that day. Paymenfa received at our pr«eurng f«~h aFror SPM bca) time wiM be credirod b your Account as of the next day If you have miapbced yyoouur enwbpe, send your paymer~ to Discover, PO Box 6103 Card Sheam, Il 601976103. Please allow 7~ 10 days For delivery. If your payment is returned unpaid, we reserve the rig~it fo rswbmit it as an electronic debit. 30062993 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION You con pay monthly Minimum Payment over dre tefa~ or you con setup automatic 1-804347- 683. Auomatic payments wiN bi dote ~ .the 15Fh. day of tM monFh) Ihat «c weekend «bank hoFrday your paym~ehnot~wiN k askxid~pprrovmide~tM ~ fwx (4~digifs of die your elerironic signahue, you wrll be agroein8 oull-oria, in dre amount sekrctsd kry you, from your honk «cowrt, as applicable, fo comd c payment by phone art 1 80004.347-2683 a by i mud recave notice of Isad three business day we wiN ieN you on a«h monthly biNing stderrw that sufficient funds are avoib in your bank e, a a greaMr amount that does rest exceed your currant Accourd balance, oymeMs ough a cusrorrrer service reprssentofrve by coding Isducted on tl-e Poyrnerrt Due Doh artless you roqusd a recurring payrnsrrt : beFore your Paymen/ Due Da-e. IF yyour xhedulsd payment daft Fags on a pr«saaed the business day is to the weekend a bank hdiday. In order wrll need this datsrrrent and~your bunk «counf information. You wiN be :iol security numbs of the primary borrower. By providing those numbers os r Ihia authorization ro albw us and your bank ro deduct a«h po you our bark «count. You also aullrorrze us ro initiaa debit a eyed dies ro xror in 1M pr«sssing of such payment. You can cancel o xheduled ril d Discovx, PO Box 30421 SaM lake City, UT 841340421, however we ~ advance of the scheduled payment. If your payments moy very in amjount, when your payment wiN be mods and how mucfi if veld be. You mud snsuro :count, and all transactions mud comply with U.S. law. You can sN automatic payments for• (i) Payment Due plus a Bxed doNa amount, a (' a the Minimum ayment Dw as listed on yaw irrcreaad ro cover tfw Minimum Payment If excess will be appfisd in accordance with C Baksrru on your bbrwng statement, that v payment amount moy be kus than the am nc Closing Date. If you enrdl by phone in our automatic poyrr~ for your records. I Amount: ^ FuN Pay ^ Min Pay Bank Routing Piadit Ws may roport informal other ~ your Account may be rot your Account ro credit reporting agencies us of IFre following address: Dixover, PO home telephone number erect Account ream p~y~y Irrfered: W~ in ro impose iota doily balance. We nw to impose iM inhred on Purchases as dexribed below. Advances. wiN not impose interest chagea on new P currorrt bit rf ng statement. Nsw Purchases you may trot gs- c grace period on new Pu Mew tiW Calcrrlots Falerad Charges ~Y each billing period by first ' ping the-daH standard Purchases, srondar Cosh AdvarN How nth Figure the Daily Bobna far Each Ws start with dw toning bolanc your baksnce on the d day of ya, Ws add any interact charges «cru add on new bans«fions or Fees a which the honsaction or Fes posted We wbhad any new credits and p We make other adjustments (inelud How Wle FFgsrre Your Tetal 6lered Charges We mukiply the daily baksnce For e the billing period. This gives w dre we divide the APR that applies to tF We add up aN tM daily irdered eM How We I~ehrde Fees Ws add Babnes TronsFer Fsss ro th. appy Fees ro tM applicable Cosh Advance Trout Troruacfion Category. Balance Subject ro I+Mered Rant. Your stop transaction category. The Baksnes Subs period. C»di 8alarces. If your Account has a e A credit balance is mousy that is owed ro open. We wiN send you a refund of arty requrred by applicable bw. F~r~D i~rwrwnieafions Oeviu Fx stover may monitor and/a record purposes. The Dixovsrmcard is issued by Dixovnr wlance, (ii) statement Minimum Payment Dus, (iii) stalsrrreM Minimum ksdor amount. IF your xhedrrled fixed poymerrt is not h ro cover nngg datemerrt, your xheduled payment for chat march wiN dukrd payment :s than the Minimum Payment Due, any nber Agresmerrf. ff"your xheduled payment is greater Ihan !he',New Kocessed only For the amount of your New Balance. Your automatic on the periodic statement based on credits a payments offer die N service, pkwse fill-in the FoNowing blanks bsbw and rotoin the authorization ^ Min Pay + s ^ Fixed Pays , Bank Account #: Fregwncy: rbout your Account ro credit bureaus. lea payments, missed payments, or din your credit rr~~ppoorrff. We normaNy report drs status and payment history of i month. ~If~ yyoouu believe that our report rs rn«curate err irrcompleie, pleo:tl write 15316, Wilmington, DE 198545316. Please indicate your name, addroas, on a transaction, fee or intersd charge from the day we add it to the es until you pay dre total amount you owe us. You can ovoid paying you cannot avoid paying interest on Balance Transfers or Cash g~alanint by the Payment Dus Dots drown on that billing stadanent, we a arty portion of o new Purchase, paid by the Paymerd Dw Dok on your uses that First appear on the currenf biNing statement. depending on the balance to which we apply your payment, farce MNhod (including csarenf transactions): We calculate interest charges oolance" for each Transaction Category. Transaction CaFegories include and different promotional balances, such os Balance Transfers. resection Category err a«h derv. Tha beginning balance for the fird day of the billing period is rovious billing period. on the previous day's daily balance and any new transactions and Fws. We F the bier of the Transaction Date or the first day of the billing period in your Account. those adjustments required in the "Paying Interest" section). uuaction Category by its doily periodic rats. We do this fore«h day in rt charges for each Trans«tion Category. To get a daily periodic rase, saeFion Category by 365. The sum is fhs total intend charge For the billing period. Balance TronsFer Transaction Category Ws add Cash Advance r Category. We add all other fees ro the standard Purchase shows a Baksnce Subject ro Irrteresf Rate. N shows this for each rred Rate is the average of iFrs daily bobnees during the biding balance, the amount is shown on the front of your billing statement. You may make charges againd This amount if your Account is riving balance of s 1.00 or moro after 6 months, or os otherwise Deaq assistance, please caU 1.800.347.7449. cods between you and Discover representatives for quality assurance Member FDIC RZNFE001 Qtf~SfK~ffiS? Visit www. oan or D'~~~ call 1-800-DISCOVER (1.800-3 -26831. 0 N °o VERIFICATION ~~'~,(,(~~ Le~;al 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, fik/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 GEORGE BENTLEY XXXXXXXXXXXX8355 (Signature) DB Servicing Corporation serving affiliate for Discover Bank PO Box 3025 New Albany, OH 43054 WWR# 30062993 C A Pit SJS C ~, ~; , SHERIFF'S OFFICE OF CUMBERLAND COUNTY~,~; _:: r~, ~ ,_ Ronny R Anderson ~ ~ ~~' Sheriff ~I~ ~~)tte ct 4uuuGr,„f~ p ~c^ r~~ ~~, , Jody S Smith °' ~' ~ •~ Chief Deputy c k, ~{.-. -_- Richard WStewart ''~=v __._ Solicitor `~~~ ` - •;.` .;,,~ . Discover Bank Case Number vs. 2012-7047 George Bentley SHERIFF'S RETURN OF SERVICE 11/26/2012 05:03 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 Mike Womick, who accepted as "Adult Person in Charge" for George Bentley at 11 Railroad Avenue, Shiremanstown Borough, Camp Hill, PA 17011. '_-~ RYAN BURG U SHERIFF COST: $43.00 November 27, 2012 SO ANSWERS, RON ~ R ANDERSON, SHERIFF '~..Ciuf':,5'iit Si~rl