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Home My WebLink About12-7054 G ..~ ~ N ~ x 'T1 ~~ ~ ~~ ^O ~ -at, .r (Tl ~..~~ ~. "'~ ~ ~ .J Q ~'r_ .~"~ ,~ Ct ~ ~'l "C7 ~a L,.x "~."~ ~1_ r- ~ ~~ I-, -~ ~'~ -~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff No: Ip~- ~b5~ ~(yi! 1~°1'iw vs. COMPLAINT IN CIVIL ACTION LORA J BAKER 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 30062432 C A Pit SJS S ~~03.75 P~ ATr`~ ~~ ~~soc~ass ~aa3~~s 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 LORA J BAKER 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 847 MICHELLE CT ENOLA, PA 17025 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7700. 6. Defendant made use of said credit card and has a current balance due of $7793.19. 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, LORA J BAKER, INDIVIDUALLY, in the amount of $7793.19 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. .~ Wi iam T. Mo c ,47437 WELTMAN, WEINB & REIS CO., L.P.A. 436 Seventh Ave ue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 30062432 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 {Minimum Paymad Dw DISCf~VER so.oo s1,2al.oo _ _ _ 4Payment Dw Dab Septanber 26, 2012 31 SOSN6A010008114 LORA J BAKER 847 MICHELLE CT ENOLA PA 17025-1529 Account Number ending in 7700 EMor Amount Enclosed Below $r_ Text APP to DISCOV' to receive a ikdr to our free mobile app erW pay your bill in seconds from anywt>are! PO BOX 6103 Illrrrllaar~~llrar~llrll~rl CAROL STREAM IL 60197-6103 Address,.-mailo<tl.pharachartga9 Irllrrllrrrrrrlllrlrrlrrrlrllrrrrtllllrrrrrllrllrrrrrllrrlr~~~I /1 Go -o vvww.Dncovercan sprint change in space above. 000001986458198332823000000000000000128100 st 31, 2012 page 1 ~ 2 tiae: august t ~, ~u t s - s,.tpstltg uaw: Augt (Dixover More Card Account Summary Account numt»r ending in 7700 Previous Balance 67,793.19 Payments And Credits 7,793.19 Purchases + 0.00 Balance Transfers + 0.00 Cosh Advances + 0.00 Fees Charged + 0.00 Irrferesf Charged + 0.00 New Balance ~-- - - - --- --- X0.00 Sea Interest Charge Calculation section fdbwing transactions for detailed APR information Credit Line 67.900.00 Ciwdit Unsi Avbibble 60:00 Cash Advance Credit line 32,500.00 Cash Advance Credit Line Avoibble 60.00 COS C BOnUS° Anniversary Mordlt ~Y Opening Coshback Bonus Balance S 0.00 Nave Cashback Bonus This Period + 0.00 Cashback laws lafarKe - -- - s-•---0.00 To Isom more, toe in at www.0iscowr.tom Payment Information Nsw Babncs 30.00 Minimum Payment Dus 51,281.00 Payment Dus Dote September 26, 2012 lAite Paymart Warning: If we do not rocsiw your minimum payment by the dote listed above, you may how to pay a bte fee of up to 535.00 and your purchase and babnca h~arsfer APRs for raw tronsactions may be increased up to the Penally APR of 24.24% variable. Manage Your Account Online at ttvww.Discowr.t~tn Securely access statements and free online tools, pay bills online and track and view aq honsadions simply and easily Make your money worth mono-find easy ways to earn and redeem cash rewards NEW! Aocsss your account securely through your mobile phone 3 Easy Ways ro Contact Us 1 Access your acccourtff secwely at www.0acovercom 2. CaII 1-800-DISCOVER (1.800.347.2683). Please haw your Discover•card avaib 3. Write ro u: at Discover PO Box 30943, Sale lake City, UT 841'30 (Nat o payment address( For payments, please send to oddrws on rsmiriance or Discover. PO Box 6103, Carol Stream, IL 60197b103 For TDD (Telecommunications Dwice far the DeaF( assistance, please eaA 1-804347.7449 Transactions s' Po ~ a » D at . AaynteM: and Credits Aug 31 Avg 31 INTERNAL CHARGE-0FF 6 -7,793.19 Fee: TOTAL FEES FOR THIS ( S 0.00 Interest C[hvged TOTAL M1IEREST FOR THIS f~R10D 3 D.00 2012 Totals Yeor-to-Date TOTAL FEES CHARGED IN 2012 3 165.00 TOTAI INTEREST CHARGED IN 2012 648.19 30062432 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION 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. • Prin- a paper copy of your statement anytime. • Sign up today at Discova'cam/pap~ss os0I0 Di,rnvr Bank, M.mba FDIC PAPER.0310 gZ41 D O p~ (D NpP N 30062432 Q11~#1Olfi1S? Visit www.Discowr.aom or call 1-800-0ISCOVER )1.800-347-2683). ~~;~~ DiSCC~VER k pays a LORA J BAKER DISCc:'~VER Account number ending in 7700 page 2 of 2 Interest Cha~ge Cakubtion Your Annual Percentage Rah (APR( is the annual interest rote on your account. CumrM burg pried: 20 dope TYPE OF RAIANCE ihr-dreses 10/03/2410 and oN.r 10/02/2010 and prior Ceslr Adwnces V .Variable Race AI~NJtIAI PERCENTAGE RATE (MR( 19.24% V 17.24% V 23.99% V iWAiJCE SUBJECT TO R4i1~EST RATE SO So So gVf1~EST CffARGE SO so so AddiKard ~nperiant fhEom-alion Ses your Cardnsendrer AgreerneM. Your Cardmamber Agreement contains aq the firms of your Account. lost or atelen cards. Report immedidelyl C.II 1-800.347.2603. tM+a~ t~ itJo ff Yane Think You Find A iU~ke On Year lloteresenf IF you think 1lrere is an error on your stahmeM, writs to us at: Dixowr PO Box 30421 Soh Lake City, UT 84 1 30-042 1 {n your 1e11er, give us the Fogowing information: Account inlornrofion: Your name and account number Ddfor amount: Tfw ddlar amount of the suspected error Descridion of Problem: IF you Ihink There is an error on your bid, dexribs what you believe is wrong and why you believe rfis a misto e- You must contort us within 60 days aRsr Ihs enor appeared on your sfahmerN. You must notify us of any pohnttial errors ~' r You ma coq us, but if you do we an not required to imestigah ony potential errors and you may haw to pay F +~om~~ount in question. While we inwatigah whether or not IFwrs has boon an error. d+e Following aro trw: Ws cannot try to cogect the amount in question, a report you as delinqu«rt on M+ar amount, The charge in qu~fron may remain on your staTemeM, and we may continue fo charge you interest on That amount. But, if we determine tfiot we mods a nicetake, you wilt not haw to pay the amount in question or any inhnst or ocher few nlahd ro that amount. While you do not haw b pay N» amount in gwstion, you are responsible For ihs remainder of your babncs. Wo can apply arty unpaid amount against your crodit lima. Your Ridete l,,,f Yau Are DiseotiaAed IVith Your Pwdi- Card Ars+dsaw IF you are diasotisfied with the or service that you haw purcF+osed with your credit card, and you haw tried in good faith a correct the em with The merchant, you may haw the right not to pay the remaining amount dw on d» purchase. To use this right, ad of the following must be tn»: 1 The purclwse must haw been made in yarr home state or within 100 milers of your current mailing address, and the purchase price must haw been more than Z50. (Note: NeilMr of these ors necessary if your purcFwse was based on on adwrtissmed we mailed to you , or if ors own Ihs company that sold you the goods a servrca.( 2. You must haw uaed yaw credit card for the purchase. Purchases made with cash adva+eea from an ATM or with a check chat accesssr your credit card account do rat qualify: 3. Yov must rraf yet haw fogy paid for the purchase. If aq of the criteria above aro met and yew are sfill dissatisfied with the purcho», contaeF us in wrifirw af: Dixowr. PO Box 30945, Soh 1.aks Ci yt , UT 84130-0945 While we investigate, the same rules apply to the disputed amourN as dixvssed above. After we finish our invesfigation, ors wrq tell you our decision. At thaT point, iF we think you owe an amount and you do not pay wa may report you os delinquent. PapmeMs. You maypa y all a port of yaw Aeeoufi bobrxx err any time. liavewr, you must pay at leoat drs Minimum Payment Dw by the Payment Dus Doh. Send orgy your payment and the top portion of this stoternerrt in the emebpe provided. Do not send cash. Byy sending yaw check as described ab~e, you ouihoriss ua a use infornation on yaw check to make on electronic fund honshr from yaw account at the financid inion indicated on yaw check orb the payment as a check hansoction. if payment rs processed as o!n electronic fund transfer The hansFer wiq be far Hu ~ of iM check. When we use information from your check to males err electronic fund hauler, funds may l» wilFrdrawn from your account as soon as The sane day we receive your payment, and you will rat receive yaw cFrsck bock From yaw financial institution. The proeetting of your payment may be delayed if you send cash, correspondence a other items with your paymrmt, if yav send IM payment to ar~y ofha address or iF you use an enwk~pe o1Mr Ilwn the ore provided. Payments recerwd in proper form at ow proesssirg Facility ~y 5PM local time on ony ~y wiq bs cndihd to your Account as of dwt day. Payments received al our processing Fxrl ii y aker 5PM kxai time wiq be credited to Accowd as of 1hs next day If yav how misplaced r envelope, send yaw payment to Dixowr PO Box b 103 and Shsom, it 601976103. Please albw 7.10 days for ivory. 1F your payment rs relumed unpaid, we reserve the right to rewbmit N as an electronic debit. 30062432 NOTICE: SEE REVERSE SIDE fOR IMPORTANT INFORMATION You can p~monlhly Minimum Paymalf Dus, or a grader amount Ihd rives not exceed your currwwd Account balance, over the h or you can setup automatic payments Through a customer sarvics reprsaentafiw by calling 1.804347. 683. Automatic paymerds wfN be deducted on Ihs Payntsnt Due Dace unless you request a recvrring pa date `s.gg the 15th dery of the month) That occurs bsforo yaw Payment Due Dah. If your xheduksd payment riot. toNs on a weeksnd~or honk hdiday, yaw payment wiN be processed tM business day prior ro the weekend or bank holiday. In order ro schedule monthly poymenh lets you wIN need this statement and your bank account informMfon. You wiN be asked ro pprro the keel four (4~digils of 11» social security number of Nre primary borrower. By providGg Nose rwmbets os yaw ebclroni~gnalwe, you w~N bs agreeing b this auNanzolion ro olksw us and your bank ro deduct each payrnerr1 you authorize, in Nw amount selected by you, from yaw honk account. You also auNlonze us ro initials debit or eredrt entries ro yaw bank account, os appicoble fo comet on error in the procsssirg of such payment. Yal can cancel o sahsdulsd paymerd by plwiw of 1 • 347•t2683 or by mat! of Disoowr, PO Box 30421, Solt lake City, UT 84130.0421 howrwr we must reeelw notice at kwst three bu"sirress days in advance of the scFredrrled payment. IF your payments may wry in amount, we wiN teN you on loch biflirg statement when your payment wiN bs made and how much N wlll be. You must snauro that wfFicisM fund: ore awib in yaw bank account, and aN hansactions mud comply with U.S. law. You con sN automatc poymsrds for' (i) statement New Balance, (ii) statsmant Minimum Payment Dw, (iii) statement Minimum Payment Due plus o fixed dollar amount, or (iv) o Fund doNa amount. !F yaw xheduled fixed payment rs not ro cover the Minimum Payment Dw as listed on your monthly bi~l~knr+gg a~lo~Nment, your xhsduksd payment for Nat month wiN increased ro cover Nts Minimum Payment Due. If the schsdulsd payment is ~realsr than tM Minimum Payment Du., arty excess wiN be sd in accordance with your Cardmsmbsr Agrexnent. IF yaw scheduled snt is greater Nan the New Balanu on yow• biing statement, that payment will bs processed only for the amount of your Nsw Bakxlcs. Your automatic payment anount may t» Isas than the amount indicakd on N+e periodic statement based on credits or payments esker the Closing Dais. If you enroN by phone in our automatic payment service, please fil6in the Following blanks below and retain the auNarization for yaw records. Amount: ^ Full Pay ^ Min Pay ^ Min Poy + S ^ Fixed Pays Bank Routing #: ,Bonk Account #: Freque~y; Credit ~ We may report information about your Account ro credit bureaus. Late payments, missed payments, or other defauks on yaw Account may 1» refkxtsd in your credit sport We nonndly report Nn slaws and payment history of ° yaw Account ro credit reporting agencies each morph. ~If~ yyoouu believe the ow is maeewats or incomplete, please write g us of the folbwirg address: Discover, PO Box 15316, Wilmington, DE 19850.53) b. Please indicate your name, address, $ home Telephone number and Account number Pwito Merest We begin fo impose interest charges on a hansaction (se or inNresf cfwrge from the day we add it to tf» ~ daily nee. Ws sus to impose rntersst charges until you goy tea trial amount you owe us. You can avoid paying ~, inMsd on Purchases as dexribed bsbw. However. you cannot avoid paying intsrost on Baksnce Transfers a Cosh Advances. How_to A~ Interest on Purchases i"Grote Period') it you pa your prwious rent by rtes Paymer~ Due Date shown on Nat biing stdemeM, we wl not im interest charges on new Pwchasea or prtion of a new PtaehMa~se, ppid by the Payment Due Date on your current burg statement. New Purchases are Purc~ases Nat first appear on IM eurrerd biting statement. H~We pa1P~ Your Grace Period w ncs m sac most IF~iFien, depending on the balance ro which we apply your payment, you may not get o grace period on new Purchases. flaw w. takal.l. Merast Cfrerges F>aiy balenee Method (eeWding camarM trsrsactiom): w. cakulaN interest chases each biling period by first figguring the "dally balance" for each Transaction Category. Transaction Caal1eeggcaxies inckrde standard Purchases, standard Cash Advances and different promotional balances, such as Baksnce Transfers. How W~ Figsrrs Ilrs Dally balance far Each Trans«tien Colsgoy We start with Nre beginning baksnee For each derv. The beginning balance for the first day of the billing period is your baksncs on Nre Iasi day of yaw prwious billing ps Ws add any interest charges accrued on the prwious day's daily balance and any new hanaactions and fees. We add any new transactions or fees as of the later of the Transaction Date or the first day of the billing period in which Nn transoefion or be posted ro your Account. We subhacl sly new credits and payments. We make orrer adjustments (including those adjushnsnts required in the "Paying Interest" section). How Wi Figure Year Trial Merosf Cfterges We mubiply the daily balance for each Transaction Category by its daily ppeerriodic role. Ws do This for each day in the biling period. This gives us Nle irdsrest charges for each Transaction Category. To get a daily periodic rote, we divide the APR Nwt applies to the Transaction Category by 365. We add up aU the daily interest charges. Ths wm is the total ineerost charge for the billing period. Fkw W~ Wclrsde fees We add Balance Transfer Fees ro the opplieabk Baksnee Transfer Transaction Ca~e~ary We add Cash Advance Fees ro Nls tcobls Cash Advance Transaction Category. We add all other Fees3o {hs standard Purchase Transaction Category. Balssrce Subject to Msrost Pale. Your statement shows a Balance Subject ro Interest Rate, h shows this for each Mansaetion caTsgory. The Baksrxe Subject ro Ineerost Rafe is tM average of tM daily baksnces during the billing period. Gadif Balenc~s. If yaw Account has a credit balance, the amount is shown on the front of your biing srotemsnt. A credit bokawe is money that is owed to you. You may make c : against Mis amourd if your Account is open. We wiN send you a refund of any remormng balance of Z 1.00 or moro afNr 6 months, or as otherwise rogmrsd by applicable ksw. Fer,]yNWsaniceiions Device for Nre Deaf) assistance, phws. caN 1.800.347.7449. Dixowr may maliror and/or record tebphone calls between you and Discover repressnrofives for quality aswrance purposes. Ths Dixowrmrnrd is issued by Diuowr Bonk, Member FDIC R2NFE001 C~uOStKMS? VISIT M/WW.~IfOpY~r.COryl or call 1.800-DISCOVER (1.800-347.2683. ~SC~~R VERIFICATION 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 LORA J BAKER XXXXXXXXXXXX7700 (Signature) DB Servicing Corporation serving affiliate far Discover Bank PO BOX 3025 New Albany, OH 43054 WWR# 30062432 C A Pit SJS