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Home My WebLink About12-7049("') N ~"-~ T ~ ~~ '._{ ~~ ~~ ~ ~~ ~~ ~~ 1 C._:~ ~' ~'} 'S7 a' f-x --ry w ~ C ~ f J .~-f ~ ~ ~w 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 - 7o~q ~;~<lTerm COMPLAINT IN CIVIL ACTION RICHARD J MCGOWAN 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 30062508 C A Pit SJS O ~ ro3• ~3 PA A TT''I ~~ rABo~a ~~ ~~a~3a.~3 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 RICHARD J MCGOWAN 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 929 CENTER RD NEWVILLE, PA 17241 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2414. 6. Defendant made use of said credit card and has a current balance due of $12464.20. 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, RICHARD J MCGOWAN, INDIVIDUALLY, in the amount of $12464.20 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. ,_._- Wi iam T. Mo cz ,47437 WELTMAN, WEINB & REIS CO., L.P.A. 436 Seventh Av ue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 ~R# 30062508 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. Nsw Balance Minimum Payment Due D1SC~VER so.oo L ss,l3o.00 Payment Due Date SepMnber 26, 2012 31 SDSN9A02 0022592 RICHARD J MCGONAN 929 CENTER RD NEWVILLE PA 17241-4449 Account Number ending in 2414 EnMr Amount Enclosed Bebw Text APP to OISCOV' to receive a Nnk to our free mobile app and pay your bNl in seconds from anywhere) PO BOX 6103 Illsnllrnnlluu{Isllsrl f#Q,p~~ CAROL STREAM IL 60197-6103 ~., Address, email «lekphone chags8 LII~dI~~rrr~III~I~rI~rrL{LrrrrIlll~rr~~Ilrllrr~~rlL~lr~ll Go to vvww.D'ncovercom or print change in space above. .~..~..~'_____.._ . - ..e.~-- 00000198b458014166835000000000000000213000 ~perting Dale: August s, Ztl I T nosing Vale: Angus Discover Moro Card Account Summary Account number ending in 2414 Previous Baksnce 512,464.20 Payments And Crsdfls 12,464.20 Purchases + 0.00 Boksncs TronsFers + 0.00 Cash Advances + 0.00 Faes Charged + 0.00 Interest Charged + 0.00 New Balance _ _ - -- - 50.00 Sse Interest Gh«pe Calculation section folbwing iransoctions for delailsd APR information Credi- line 512,b00.00 Credit line Availabb 50.00 Cash Advance Credit line 59,500.00 Cosh Advance Credit line Available 50.00 ~ ~, sv i ~ pops ~ yr t Payment Information New Balance 50.00 Minimum Payment Due 52,130.00 Payment Due Date September 26, 2012 Late Payment Warning: !f we do nal receive yaw minimum payment by dts daN listed above, you may haw to pay a ksk ks of up to 535.00 and your purchase aid baksncr honsfer APRs for new franwctions may bs increased up to the Perwhy APR of 23.2490 variable. Nonage Your Account Onlita at www.Qiscover.com Securely access sfafemerrts and free online tools, pay bills online and hack and view aN hrnsactions simply and easily Make your money worth mors~-find easy ways to cam and redeem cash rowards NEWT Access your account securely through your mobib phone ~ 3 Easy Ways to Contact Us CO' BOnuSe 1 Access your account securoly m www,Discorer~can Anniversary Month 2 Call 1-800-DISCOVER (1-804347-2683. November Please haw your Discover®card available Opening Cashback Bonus Balance S p,00 3. Writs to us at Dixover PO Box 30943, Sale lake City, UT 841 ~0 (Not o payment address) New Cashback Bonus This Period + _ 0~~ For payments, please send to addrexi on remiMarcs or Cashbook haws Bdorrc~ 5 0.00 Dixowr PO cox 6103, Carol Stroam, IL 60197-6103 ro Isom moro, b6 in a vvww.0iscowr.com F« TDO (telecommunications Device f« the Deaf) auistaks, please toll 1-804347-7449 Transactions Dabs. P~ Payments and Credih Aug 31 Aug 31 INTERNAL CHARGE-OFF 5 12,464.20 Fws TOTAL FEFS FOR TFRS PERIOD 5 0.00 Interest C/rarged TOTAL R~ITEREST FOR THIS PERI00 S 0.00 2012 Totals Year-to-Date 30062508 TOTAL FEES CHARGED IN 2012 S 235.00 TOTAL INTEREST CHARGED IN 2012 1,754.19 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Paperless statements meon less clutter, more convenience Eosily access up to 24 months of downloodoble, 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 Discowrcom/poperless ®zoio axo„« ea•k, , talc PAPER.0910 N O N Z D 0 N N N O N 30052508 Q11ASttOItS? Visit www.DisaovK.eom or call 1.800-DISCOVER ~ 1-800-347.2683), ~~~ER DISCOVER It pays ~, ~ RICHARD 1 MCGOWAN ~C~ ~VE~ Account number ending in 2414 page 2 of 2 Interest Chor9e Colculotion Your Annual Percentage Rafe (APR) is the annual interest rate on your account. Current thing Period: 27 days TYPE OF FiiAIANCE ~ ~frERCENTAt;E MT ~SU~f1FECT TO INTEREST CFIARGE Pwchaws 18.24°.6 V SO SO Cosh Adwasus 22.999 SO SO V =Variable Rate Addiliond brporlaM irianwlion Sw year Cabrrerrrb.r Agre«nent. Your Cardmember Agreement contains all dr. terms of your Account. lest er stolen cards. Report immediatelyf Cent 1 X800-347-2683. blMka- Ta Da N You Thlnfc lrov Fled A AWloka On llowr Slvlarsew/ If you think there is an error on your staMmeM, wriN to us at: Dixowr. PO Box 30421 Soh lake City, UT 84130A421 In your (enter, give us the fdlowrng inbrmafion: Account information: Your none and account number (?opar amount The doWr amount of the suspected error Dexri 'on of Problem: If you think there Is an error on your biN, dexribs what you believe is wrong and why you believe r rs a mr s. You must contort us within 60 days after the errs appeared on your statement. You must rwtify us of any poferrta) errors in~wr .You may caR us, but if you do we are not required to investigate any potential errors and you may haw to payiF~i omour~ in question. VVhik we inw~igote whether a not there has been an error, the Fdbwing are Mw: We caveat hY to collect the amount in question, a report you as delinquerd on drat amount. The charge in gwstran ma remain on your statement, and ws may contiw to charge you interest on that amount. But, if we dsMmine tfrat we made a mistake, you will not haw to pay tM amount in gwation a any irrtsrsst a other foss reksted to that amourrl. While you do not how b pay Ihs amount in gwsNon, you are rosponsibk+ br the romoindsr of your bobnce. We can apply a,y unpaid amount against your credit limit. raw iftialNe N T'ou Ara ~ MItN, lrovr elnegf card i>'snclrase If you aro dissatisfied with the goods a services that you haw purchased with your credit cad, and you haw hied in good faith to correct drs problem with the merchant, you may haw the right not to pay tFw remoinrng amount dw on the purchase. To use this right, all of the Following must be Irw: 1 The purchase must haw been made in your home sfaN a within 100 mike of yaw current mailing address,. and the purchase pries must haw been more Ihan 550. (NaFe: Neither of thew ae necessary iF your purchow was based ar an odvertisemsnf we maikrd to you or if we own the company that sold you the goods a venires.) 2. You must haw used your credit card for the purchaw. Purchases mode with cash advances from an ATM w with a check that accesws your credit card account do rat qualify. 3. You must not yet haw fully paid for the purchaw. IF aR of the criteria above ae meF and you arsiiU dissatisfied with the purchase; conhuFus in~w~nc ot~ Dixowr, PO Box 30945, Sak lake City, UT 84130.0945 While we inwstigaN, the same rules apply to the disputed amount as discussed above. Aker we finish our inwsfigation, we will tell you our dscisron. At that point, if we think you owe an amount and you do rat pay we may report you as delingwnt. Peyrrrerrts. You may ppaay all a part of your Account balance of any time. However, you must pay a- least the Minimum Payment Dw by the Payment Dw Dats. Send only your payment and the top portion of this statement in the snwbpe provided. Do not send cash. ggyy sending your check as dexribed above, you authorize us to use information on your check to make an ekxMonic fund frana~fsr 6~om your occour~ at Ihs financial institution indicated on your check or to process tM as a check transaction. If pay~n~t rs processed as an ekichonic fund harahr the transfer will be for the amount of ~k. When we use information from your check to make vn skrchonic fund trons~er funds may be withdrawn from your account as soon as the some day we receive your payment, and you wiN rat receive your check back from your financial institution. TM easing of yaw payment may bs delayed iF you vend cosh, corrsapondence or ether items with your payment, if you acrd tl» payment fo u~y dher address or if you uw an enwk~ps other fhon the one provided. Payments rscwwd in proper form d ow processing Facility by 5PM brat time on arty desyy wiR bs credited to your Account os of the day Paymerds received of our praeesarrrg facrl esker 5PM local time wrN be credited to your Account as of IFre next day If you have misplaced yyaoww enwk~pe, send your payment to Dixover, PO Box 6103 Carol SMeam, Il 601976103. Please oNow 7~ 10 days br delivery. If your payment is rehimed unpaid, ws roserw the rig~t to resubmit it as an electronic debit. 30062508 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION You can pay monthly Minimum Payment Due, a a greater amount Ihat dws not exceed your current Account balance, over tM a you can setup automatic payments through o customer service roprosentolrw by caNirg • I -804347- b83. Automatic payments wiA be deducted on d-e Payment Dw Date unless you request a recurring paym~M date (e.g.the 15th dery of the month) that «curs before your Payment Ow Doh. IF your xheduled payment date falls on a weekend a bank hdiday, your payment will be processed 1M business day is ro the weekend a bank hdiday. In order ro xhedute monthly payments b you wilt need this statement ar~your bank account information. You will bs asked ~b pprrovide 1fie last four (4~ die avcd security number of Nre primary borrower. By p-ovidirg those numbers as your etecfronic signahrro, you wiN be agreeing ro this outtari:anon ro aNow os and your book ro deduct each paym.r>r you auttarize, in the amount sekscted by you, team your book account. You also auttronzs us ro indiate debit or credit entries ro your bank «count, oa ~pp~~abh, ro coma an srra in the pr«essirg of wch payment. You con cancel a xheduled payment by phone at 1-804347.2683 or by mail at Dixover, PO Box 30A21, Sak Coke City, UT 841340421, hovwwr ws must recerw notice at least three business days in advance of the xheduled payment. IF your payments may vary in amount, we wiN tell you on each monthly biting statement when your payment will be made and how much it wrN be. You must ensure tFwt wlficient funds ae avails • in your bank «count, and all trans«tions must comply with U.S. law. You con set automdic paymenh for (i) srotement Nsw Balance, (ii) statement Minimum Payment Due, (iii) sfdemsnt Minimum Payment Duep~us a Fixed ddlar amount, a (iv) o fixed doNar amount. if your scheduled fixed payment w not ~~ ro cover the Minimum P~ymsnt Ow as listed on your monthly billinrgg statement, your scFreckded payment For that manlh wry 6e increased to cover the Minimum Payment Due. If the xheduled payment rs greater than the Minimum Payment Ow, any excsu will be ied in accordance with your Cardmember Agreement. If your xheduled payment is greder than tM New Balance err your. billing atadement, That paymer~ will bs processed only For the amount of your IVew Bakmce. Your automatic payment amount maybe less than the amount indicated on tM periodic statement based on credits or payments after the Closing Dais. 1f you enroll by phone in our automatic payment service, please fill-in the following blanks bebw and retain the authorization for your records. Amount: ^ FuN Poy ^ Min Pay ^ Min Pay + S ^ Fixed Pays Bank Routing #: ,Bank Account #: , Frequenry: ' Creels Ws may report information about your Account ro credit bureaus. late payments, missed payments, or '~+ other defauks on your Account may bs reflected in your credit ree~~oorrff. Ws rarmaNy report tM steeus and payment history of n°r your Account ro aedn reporting agencies each month. If believe that our report ~s rn«eurate a ineomplNe, please write $ us of the FoNowing address: Discover PO Box 15316, Wilmington, DE 19850.53) b. Please indicate your name, address, f3 home telephone number and Account number tMeresM Web~ to ro impose interest charges on a hansaction Fee a interest charge ham the day we add d ro the daily e. We eon$nw ro impose interest charges until you pay tote total amount yew owe us. You rnn avoid paying interest on Purchases as dexribed bsbw. However. you cannot avoid paying interest on Balance Transfers a Cash Advances. How to d P i Interest on Purchases "Gr«e Period" you eon your previous rug statement by the Payment Ow Dah shown on that bitting statement, we wip noA impose interest cFasrges on new Purchases a any prtion of a new Purchase, paid by the Payment Dus Date on your current bung statement. Nsw Purchases aro Purcltiases that First appear on the current billing statement. How We Apply Paymenh May Impact Your Grace Period i~you-moo not pay your Flwv~afarrceTn~on~i, iFien, depending on the babrxo to which wo apply your payment, you may riot get a grace period on new Purchases. Hew Wi Cakulele keteresf Clarges Dar1y balaaree Me11-od (ircluelisg eutreM tianseefions): We eakulate irdarest charges each biNing period by first_figwmg the "daily.balorce" for each Transaction Category. Transaction C~t.pories include standard Purchases, standard Cash Advances and different promotional balances, such as Balance Transfers. How Wi Figure flee Defy belerece ter Each Transaction Category We start with the beginning batoncs For oath day. Ths inning balance for the first day of the billing period is your baance on 1Fre loaf day of your previous billing pert We add any interest chages «crued on the previous day's daily balance and any new transactions and foes. We odd any new Nana«trons a (wa as of the later of the Transaction Date a the First day of the billing period in which the hansacfion or fw posted ro yaw Account. We wbtract any new credits and payments. We make other odjushnenh (including those adjustments required in the "Paying Interest" section). How We Figure Your Total Interest Changes We muhiply the doses balance for oath Transaction Category by ih daily periodic rah. We do this For each day in rtes billing persod. This gives us the interest charges For each Transaction Category. To get a daily periodfe rate, ws divide the Af'R that applies to tM Transaction Category by 365. We add up dl the daily interest charges. The sum is It» total intere~ charge for the billing period. How 1Ne include Fees We odd Balance Transfer Fees ro the ~icable Balance Transfer Transaction Category. We add Cash Adronce Fees ro the applicable Cosh Advance ransadion Category. Ws add dl other fees to t standard Purchase Transaction Category. balance Subject to YaMsest Rate. Your statement shows o Balance Subject ro Interest Rate. N shows this for a«h transaction category. Ths Bolarxe Subject ro Interest Rate is the average of the daily balances during the billing period. Gedtl belenc~s, If your Account has o credit balance, the amount is shown on the hoot of biNing statement. A trades balance is money that is owed ro you. You may make charges against this amourd iF your Account is open. W~ wiN send you a refund of any remarmng balance of 21.00 or moro aher 6 months, a as ofMrwise required by applicable have. Fer~f,~,J~wrricutions Device for Ilea DeerM) assistance, please cab 1-800-347-7449. Dix•J~ovwerwm~a~yam~o~nitor and/a record telephone calls between you and Dixover representatives for quality assurance purposes. The Dixover®card is issued by Dixover Bank, Member fDIC RZNfEOOI Q1leSt10~1S~ Visit www.Discevet-.cexn or call 1.800-Q)SCOVER (l •800-347.2683. ~~~E~ VERIFICATION s ~~ `v~(~L~ ~ Le al Placement Account Mana er (N~e) (Title) of DB Servicine 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~I~~~ RICHARD J MCGOWAN XXXXXXXXXXXX2414 (Signature) DB Servicing Corporation serving affiliate for Discover Bank PO Box 3025 New Albany, OH 43054 WWR# 30062508 C A Pit SJS SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson r.., 3 ~ - ,_ Sheriff ~ a~~~,ri+, ~,f ~atu,t,e~f~~t ~i~i ~ _~ ~;~ ~r~ Jody S Smith " ° -,z=^~ "'~ rv ` r' -r,~ ' Chief Deputy - x ~ ~ Richard W Stewart ~ ~' -o =~= `' Solicitor '~}~` _ - ~ ~ r~-' ..°~~ - ,~ .- rv ; } - Z.+.J Discover Bank Case Number vs. Richard McGowan 2012-7049 SHERIFF'S RETURN OF SERVICE 11/26/2012 11:05 AM -Deputy William Cline, being duly sworn according to law, served the requested Complaint Notice by handing a true copy to a person representing themselves to be Donna McGowan, Wife, who accepted as "Adult Person in Charge" for Richard McGowan at 929 Center Roa ,Lower Mifflin Township, Newville, PA 17241. ILLIAM CLINE, DEPUTY SHERIFF COST: $40.00 November 27. 2012 SO ANSWERS, RON R ANDERSON, SHERIFF IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In Re: RICHARD J. MCGOWAN : Chapter 7 Debtor : Case No. 1:13-bk-00247 MDF ' RICHARD J. MCGOWAN : Movant '`�F v. - • 0,r-- r : Motion to Avoid -� DISCOVER BANK == Respondent • ,_., ,c:- , 1 ORDER AVOIDING LIEN OF DISCOVER BANK UPON CONSIDERATION of the Movant's Motion to Avoid Judicial Lien of Discover Bank; and IT APPEARING to the undersigned that this court has jurisdiction over the parties and over the subject matter of this motion; and IT FURTHER APPEARING to the undersigned that all parties in interest received notice of this motion, and that no such parties have filed any timely objections or otherwise appeared in opposition to the said motion and that the time for filing any such objection has expired; and IT FURTHER APPEARING to the undersigned that the relief requested by the debtor(s) in their motion is consistent with the applicable provisions of Title 11 of the United States Code and that the debtor(s) have established good and sufficient cause to grant said relief; and IT FURTHER APPEARING to the undersigned that the motion of the debtor(s) to avoid the lien should be granted; IT IS THEREFORE ORDERED that, effective upon discharge of the Debtors' Chapter 7 bankruptcy, the judicial lien in the approximate sum of$12, 464.20 as docketed at 12-7049, and duly recorded in the records of Cumberland County, Pennsylvania be, and hereby is CANCELLED; and IT IS FURTHER ORDERED that the records of Cumberland County be appropriately amended to so reflect. By the Court, dailta/ Dated: May 28, 2013 Chief Bankruptcy Judge (LMW1 rt ik CK :p .9, /(// Case 1:13-bk-00247-MDF Doc 12 Filed 05/28/13 Entered 05/28/13 10:11:23 Desc Main Document Page 1 of 1