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HomeMy WebLinkAbout12-70521 ~. G ~~ __._ "w ,,,,,~ ~~ ~ ~ tJ? ~ ~ ~ `~ -.C T'' r ~ ~ - -- -t C~ ~ ~ o ~ ~~ c cw ~ ~..,~ G,.3 „,l; -~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. JOSEPH R ZIEMBA 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 30062807 C A Pit SJS S ! 03.75 ~d 10TT'`{ (~-~ Ib`xj 5a$5 ~~a83a~~ 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 JOSEPH R ZIEMBA 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 30 SUNFIRE AVE CAMP HILL, PA 17011 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5433 6. Defendant made use of said credit card and has a current balance due of $1389.47 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, JOSEPH R ZIEMBA ,INDIVIDUALLY in the amount of $1389.47 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. //~' ' /' - Wi iam T. Mo c an,47437 WELTMAN, WEINB G & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 Win1R# 30062807 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. r-- __._. ~ New Bdancs Minimum Payment Dw Account Numlxr sndirlg in 5433 DISCOVER 50.00 I 5326.00 Enter Amount Errcbsed Below --Poymanf Due Date $ (~ September 26, 2012 3t SDSN6A02 0023400 JOSEPH R ZIEMBA 30 SUNFIRE AVE CAMP HILL PA 17011-1020 PO BOX 6103 III...II"r..li.r"11'11..1 CAROL STREAM IL 60197-6103 ' '~ Address,.-mail ar tef.pf~on. changes Irllrillrrr~rilllrl~ilrrrlil(,nr,llllrnrillrllr~~~~lliil~~ll ~XH Go to vvvvw.f)ieceversom or print change in space above. 000001986453288193763000000000000000032600 ____,,,~.~----~ ~"'°-- GP«-ing DaN: August 11, 2012 Closing DaN: August Discover Motnro Card Account Summary Account number ending in 5433 o r, nr r~ r ~ c PaytrNtlt In~orlltation New Balarxe So.oo Minimum Payment Due 5326.00 Payment Due Date SepNmbsr 26, 2012 (nls P~ysrresd Warning: If we do not receive your minimum payment by the date listed above, you may haw ro pay a ksh he of up b 535.00 and your purchase and babrrce hansiw APRs for new transactions may be increased up ro the Penahy APR of 23.99% variable. Managr Yaw Acwunt Onlim of www.Disoaver.carl Securely access statements and free online loots, pay bibs online and hack and view aN tronsoetions simply and easily Make your money worth moron-find easy ways ro earn and+edeem cash rewards NEWT Access your account securely through your mobile phone 3 East Ways ro Contact Us Previous Balance 21,389.47 Payments And Credits 1,389.47 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 FNS Charged + 0.00 Interest Charged + 0.00 Nsvr Balance -- - - - 50.00 See Interest Charge Cokukrtion section folbwing hansaetions for deroilsd APR information credit line Sl,ooo.oo Credit line Available 50.00 Cash Advance Credit Line 5500.00 Cash Advance Credit Lins Avaikabls 50,00 BOnuS~ 1 Accaa your account securely of vvww.Discewr.com Anniversary Month 2 CaR 1.800-0ISCOVER (1-800.347-2683j. Odo!»r Please how yaw Discowr~ card oust Opening Cashback Bonus Balance S 0.00 3. WriN ro ua ar Discover PO Box 30943, New Coshboek Bonus This Period + 0,00 ~ lab City, UT 841130 (Not a payment address) For paymenh, Pksase send ro address on remittance or tashbaek Bows lalarree - --- 5 0.00 Dlseowr, PO Box 6103, Carol Stream, IL 6019711103 To learn man, bg in ar www.D'awwr.rnm For TDD (feleeommunieaitions Device for lfls Deaf) ossistarres, please caN 1.800.347-7449. Transactions ~s. Dole Payrsrserh grad Gedih Aug 31 Aug 31 INTERNAL CHARGE-OFF 5 1,389.47 Fees TOTAL FEES fOR TENS P~IOD 5 0.00 Interest a1e'ged TOTAL N~fT~EST FOR THS f1ERIOD S 0.00 2012 Totals Yealrto-Date TOTAL FEES CHARGED IN 2012 S 280.00 TOTAL INTEREST CHARGED IN 2012 149.26 30062807 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Paperless stafiements meon less cluHer, more convenience i 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 stotement onytime. • Sign up Today of Discover:can/paperlsss ~ ©solo Discow, ea•-. Member Fwc PAPER.0310 O y Z N 8 S 30062807 QUeS11On3? Visit www.Discowr.can or ~~~~ call 1 800-DISCOVER (1 800-347-2683. ~ , D'SCVER trpeysro JOSEPH R ZIEMBA _._ DlSC!..?VER Account number ending in 5433 page 2 of 2 Interest Charge Calculation Your Annud Percentage Rafe (APRj is the annual interest rote on your account. Curnnt tiling Period: 21 days TYPE OF BALANCE ~~ ~ AGE MIf 9EST RA1~E ECT TO NVTEREST CFIARGE Purdw»s 18.99% V SO 30 Cash Advances 24.999', V SO s0 V =Variable Rate Addi6ond ~"Per1ent bfamotion See year Cardmember Agwns.rst Your Cordmsmber Agreement contains dl the terms of your Account. lost or stolen cards. Report immediately) Cd 1-60o-347-2683. YV~wf To Do /f You Tltit-k Yev iirsd A Mbkrko On Your 51oMss»sN If you think drero is an error on your statement, write fo us aF Discover, PO Box 30421 Sok lake Ciy, UT 84130.0421 In your IsMer. give us the following information: Account information: Your name and account number. Dollar amount: Ths ddbr omounf of the suspected error Dssai lion o~FProblsm~: If you think 1Mre is an error on your bill, describe what you believe is wrong and why you believe d ilea mis' Coke. You must contact us within 60 days aNer the error appeared on your sMemenf. You must notify us of any poteMid errors in rNrN'r~g. You may caN us, buF iF you do we are not required fo investigcds any potential ercas and you may have b pay iM amount in qusshon. Whits ws inw~igate whether a not then has been an error, drs (oNowirrg as has: We earxat try to edleet Ave amount in gwstion, a report you as delinquent on that amount. Ths charge in q~tiorr may remain on your sfafemerrl, and vn may continue to charge you interest on Nraf omounf. Buf, if we determine ffwF we made a mistake, you wiN not how to pay the amount in qusation or any interest a other Fees rebfed b the omounf. While you do rat have to pay the amouN in question, you aro responsible For the remainder of your balance. We con apply any unpaid amount against your credN lima. Your Rialala N Yov Aro Dipalfe8ed MIPth Your C.rrsfl- Card Andsae.e IF you are dissotisRed with ~ s a »rvicsa that you haw purchased with your credit card, and you haw hied in good faith to correct the problem with the merchant, you may haw IM right not to pay the remaining amount due on the purcho». To u» this right, ~ of the Folbwing must be hue: 1 The purcha» must how been mods in your home stale or within 100 miles of your current mailing address, and the purcha» price must haw been more than SSO. (Nde: NeNMr d these ae necessary if your purcha» was based on an advertisement vro mailed to you or if we own Nre company that sold you the goods or services.) 2. You must haw used your credd cad for the purcha». Purchases made with cash advances from an ATM a with a check that accesses your credit cord account do ref qualify. 3. You must ref yet hove fully paid for fM purcha». If aN of tM criteria above ore met and y u oro atiN dissatisfied with Nre purcha», contact us in writinkr at: Discover f'O Box 30945, Self lake City UT 84130A945 While we inwatigale, the some rules apply to d» disputed amount as discussed above. After ws finish our mcesfigofiar, as ~sll our decision. At that point, if we think you owe an amount and you do not pay we Y fePa- Ya nq Payments. You may pay all a part of your Account balance at any time. However, you must pay at least the Minimum Payment Dvs by the Piymsr4 Dw Date. Send only your payment and tM fop portion of This statement in the envekape ~r~~ Do not send cash. BYY »nding your cMck as described above, you authorize us ro u» information on your check Fo make an electronic fund kanshr from your account aF the financial instihdion indicated on your check a to process the payment as a check tronaaclion. If poym~nt rs praeassd as an ehahonic Wnd transfer, ire hansfir wiN be far N» amount of fl» check. When we u» infamdio~n from yax check to make an eleehonie kmrF honsFsr funds may bs withdrawn from your account as soon as the some day we receive your payment, and you wiN not receive your check back from your Financial inslihAion. Ths processing of your payment may bs dsbyed if you »nd cash, corresporrderrce anther items with your payment, if you serd the payment to any ether address or if yrw v» an env~bpe other Ikon the one provided. Payments received in proper Form at our processing Facility by Sl'M bed funs on any day wiN be erodited to your Account as of that day. Paymsrds received al our processmg faul~ly after SPM kxd time wrN 6e credited to your Accour~ os of Ihs nerd day If you Few misplaced your envebpe, »nd your payment fo Discover, f'O Box 6103 Coro) Shvam, Il 60197 103. Plea» aNow 7~ 10 days for delivery. If your payment is returcred unpaid, we reserve the rig~it b rewbmit it as an electronic debit. 30062807 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION You can pay w monllrly Minimum Payment Dw, a o greater amount that does not exceed your current Account baksncs, over the or you can setup automaNe poymerda through a customer service reprosentatrve by calving 1$00.347. 683. Automatic paymerds wiN be deducted on Are Payment Dw Dale urrleu you regwat a r«wnrg p~oymend dale h.. the I Sth day of the momfr) that eaves before yorx Payment Dw Dde. If yaw xheduled payment date IaBa on a weekend or bank hoMday your paymerd wiN be processed IM busineu day prior ro Nre weekend or bank holiday. In order to schedule monlMy payments b you wrN need this slaterrrent and yaw bark account information. You wiN be asked to die least tau (4~digiis of tfie social s«wily mrmber of 11» primary borrower. By providing those numbers as your eMcfronic signduro, you wrN k» agreeing to ihis ouiharization fo aNow ua and your bank fo dedrxt cote p~yrr~~n~ oulhaize, in die amount selected by yar, from your bank account. You also authorize us to initiate debit or eiedif erdries~to your bark account, as applicabte, to correct an error in the processing of such payment. You can cancel o xhsdukld paymerd by phoned 1-604347.2683 or by mail d Discover, PO Box 30421 Self l.oke City, UT 84130A421 howwer we mud reurw ratite d least three business days in adwnce of the xhsduled payment. If your payments may vary in amount, we wiM hN you on each monthly biNing statement when your payment will (» made and how much it will bs. You must ensure the wfficient funds are avails in yaw bark account, and all transactions must comply with U.S. law. You can set oubmatic payments far• (i) statement New Balance, lii) statement Minimum Payment Dw, (iiij statement Minimum Payment Dw plus a Axed dollar amowd, or lint a fixed donor omourd. If yaw xhsduled Fixed payment is not enough to cover the Minimum ayment Dw as listed on your monthly bilAng statement, yaw xfisduted payment for that month wiq F» increased b cover the Minimum Payment Dw. If the scheduled payment is grBahr Ihan die Minimum Payment Dw, airy sxcsu wiN be ied in accordance with your Cadmember Agreement. IF yaw sd~edukd payment is gn~er than the New Boksnu on your biNing statement, that payment wiN be procsued orJy for the amount of yaw New Balance. Your automatic poymerd amount maybe feu than Ilrs amourd indicated on die peri rc statement based on credits or payments aRsr die Closing Doh. If you enroll by phone in ow automatic payment service, please FiN-in the fdbwing blanks bebw and retain the oulhorizafion for your records. Amount: ^ Full Pay ^ Min Pay ^ Min Pay + E ^ Fixed Pays m Bank Routing #:_ :Bonk Account #: ,Frequency: Z Credit bpalti+g. We may report information abort yaw Account to credit bureaus. late payments, missed payments, a other defauNs on yaw Account may be roflecfed in your credit r~p~f We normally report the steles and payment history of N your Account b credit reporting agencies each month. IF believe iFrd ow is rrroccurah a incomplete, please write g us d t(w fdkswing addrou: Dixowr, PO Box 15316, Wik~rrington, DE 1 9850-53 1 6. Please indicde your name, oddross, ~ home telepfone number and Account number- S 6alancYderash We begin b impose irderest dwrges on a hansaction fee or irrhreat charge from the day we add it to the doily •. We nus fo impose interest charges until you pay ffis idol amount you owe us. You care avoid paying ~ irrfersaf on Prrrehoses w described bsk>w. However you cannel avoid paying interest on Balance Transfers or Cash Advances. H~ to AvordPrw Irrenst n Pwchasw t"Gccs Period") ycw pa once on your provlausFrNing statement by Ilrs Payment Dw Dole shown on that biAing :faromenf, we wiN redunpw~ interest charge on new Purchase or any portion of o new Purchase, paid by the Payment Dw Dde on ycwr currentbdlirg statement. New Pwchases are Purc(rases the first appear on the current biAing statement. How Wo Aadv P ends Mav Impact Your Qr!oce Period ~nai'pay your sw a nce rn m en, depending on the balance fo which we apply your payment, you may reel gN a grace period on new Pwchws. How Mlle Cdarlole hteeed ~ar8et DaN1r Nalarrce FNellrod (irclrrdirg crwrent tronsaclionsjl We cakuksh interest charges each biNingporiod by first figuring the "daffy balance" kr each Tronsaction Category. Transaction C~lepories inchxFs standard Few su, standard Cosh Advances and different pranotional balances, such as Balance TransFsrs. floor 1Ne ~ ire Doty Balance for Eacb Trorsacliorr Category Ws slant with tM beginning balance Fa each day. The Ixginning balonu for the first day of the billing period is your bolanu on firs lost day of your previous billing period We add arty interest charges accrued ar the previous day's daily balance and any new transactions and foss. We odd ony new fransactions a foes as of Mrs triter of the Transaction Date a the first day of the billing period in which Nis transaction a fee posted to your Account. Ws subtract any new credits and payments. We make otlwr adjustments (including Ihoae adjushnenh roquirsd in the "Paying InroresY' s«tionj. How W~ Ecorse Your Tetd Interest Charges W~ mukiply IFw daily boksncs for each Transaction Category by its daily periodic rats. We do this For each day in the biNing period. This gives us the interest charges far each Transaction Category. To get a doily periodic rate, vw divide the APR that applies to Nis Transaction Category by 365. Ws add up all tM doily irderaf charges. The wm is 1hs total inrorosi charge for the billing period. How VYe Yrdede Fws Ws add Baksnce Transfer Fe« ro the applfwbla Balance Transter Transaction Caleslory. Ws add Cash Advance Fees w die applicable Cosh Advance iansaefion Category. We add all ocher tee o the standard Purchase Transaction ategory. Balance Subject h Merest Role. Your shferrrsrd shows a Balance Subj«f to Interest Rate. h shows this For each Tansacion category. The Balance Subject b Interest Rate is the average of the doily balances during the biAing period. Credit Ralanas. IF yaw Account has a credit balance, tl» amount is shown on die Front of your biNirg staroment. A crodit baksnce is money the is owed to you. You may make chages against this amount if your Account is open. We wiN send you a rotund of any romomirg balance of S 1.00 a mss after 6 months, a os otherwise roqurrod by applic~ls low. F~Gmications Davin for Ilse Deaf) o::islarce, please caN 1-600.347-7449. DiJxover 4Lmay monibr and/a r«ord telephone calls bsiwwn you and Dixowr repressnfatiws For quality assurance purposes. The Dixovermcard is iuued by Dixover Bank, Member FDIC RzNfE001 V[VQSTFI~NN37 VISIT WWW.I]tltOOYeIr.Caft1 Or call 1-800-0ISCOVER (1-800-347-2683) ~~~R . l VERIFICATION Legal Placement Account Manager (N~) (Title) of DB Servicing Corporation servici~ 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 ~ ~ , a JOSEPH R ZIEMBA XXXXXXXXXXXX5433 ervicmg Corporation serving affiliate for Discover Bank PO Box 3025 New Albany, OH 43054 WWR# 30062807 C A Pit SJS