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HomeMy WebLinkAbout12-7056IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. r-, c-7 ~ c~> -r " C) ~.. -~ ~} ~~ ~ ~ ~ J - ~. xt v~r r ry "~~ ~~ Z' r.3 ~~ - _-- ~.' ~ --i =;: ~ _ Ca . ~~ PENNSYLVANIA COMPLAINT IN CIVIL ACTION BETH A DAVIS 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 30056557 C A Pit SJS .5 $t03. ~~' ~d A7"~"I ~~lt~a ~7 ~.'~'"~3a2(o (o 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 BETH A DAVIS 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 204 11TH ST NEW CUMBERLND, PA 17070 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6110. 6. Defendant made use of said credit card and has a current balance due of $3803.14. 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, BETH A DAVIS, INDIVIDUALLY, in the amount of $3803.14 with interest at the statutory rate of 6.00 % per annum from date of judgment and costs. William T. Mblczan 437 WELTMAN, WEINBERG REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 30056557 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 Babnc. Minimum Payment Dus 53,603.14 _53,803.14 ~ Payment Dw Date uuE w1MED1ATELr OB SDSNBA010010128 BETH A DAVIS 204 11TH ST NEN CUMBERLND PA 17070-1617 Account Number ending in 6110 Enter Amount Encbssd Bsbw Text APP to DISCOV' to receive a YrMc to our tr mywMre eP ~ PeY Y~r biN in aecaxis PO BOX 6103 Illnsllnsllr,alalsulall CAROL STREAM IL 60197-6103 Address, e-mail or teksphoM changes Irllrrllumrlllrlulnrlrllnnillllnurllrllunrllnlnll Go ro www.Diseevereem or print change in space oboes. ~~ ~ ~~~ 000001986623686708426038031400000000380314 Opening Oels: July 9, 2012 - dosing DaN: August 8 Discov+sr Moro Card Account Summary Aceounf number ending in 6110 Prwious Baksnee 53,803.14 Payments And Credits 0.00 Purchases + 0.00 Babncs Transfer + 0.00 Cash Adwncu + 0.00 Feu Charged + 0.00 InNnat Charged + 0.00 Nsw Ba ants 3,803 See Intereaf Charge Cak'ulafion section blowing hansoctions for detailed APR information Credit LiM 53,100.00 CniliF Cfrie 7lGaikibk S0 00- cash Adm. crdit Lin. So.oo Cash Adwnce CndN Lint Avaiksble 50.00 ...........r.. eHewa Anniversary Month November Opening Cashbock Bonus Balance S 0,00 New Cashbaelc Bonus This Period + 0,00 Gshbeck Bases balenu S 0.00 To lemon more, be in W www.DMwveraom 3 Easy Ways ro Canted Us 1 Access your «courM securely d www.Discever.eom 2. CaN 1-800•DISCOVER (1.800.347-26831.. Please how your Discover•card owl 3. Write ro w at Discover PO Box 30943, Sak lake City, UT 841 §0 (Not o payment addrossl For paymenh, send ro addna on reminonce or Discover, PO p{ox •6103, Corot S1ham, }t 60197b103 For TDD (Telecomr8unicatwns Dwia far the Deaf) ossidaree, plea» caN 1.800.347-7449. •,.~, ~~ ~ ~ page t or s Payntsrrt Information New Balance 53,803.14 Minimum Payment Due* 53,803. }4 Payment Ow Daf. DUE IMMEDIATELY •Ineludes past due amount of 51 100.00 Leb Peymer>f Werssisg: If we do not receive your minimum payment by the doh listed oboes, you may how ro pay a late fee of up ro 535.00 and your purchase and boksnce frmrsfer APRs for new transactions may be incroased up ro the Penahy APR of 23.99% vaiable. AAirirsra,n Paynsa-t Wamisg: IF you make only the minimum payment each period, you wiN pay moro in interut and it will take you longer ro pay off yaw bahnce. For ex<rmplr: ;... ,. :. <... .., • .:: , ;. Only the minimum 5 years 63,803 PaYm~ IF you would like informatron about crodif couns.ling services, caN 1.800.3471121 Manage Your Account Online at www.Discover.com Access free online roola like Paydown Planner ro crrar. a plan ro down your bokmce, securely access staferMMs, pay biNs onliM and easily tr«k aN trariwctions Malts your molly worth morel-find cosy ways ro earn and redeem cash rewards NEWT Access your «eounf securely through your mobib photo 3~~r58557_ _s ~ • ~ _ ~= TOTAL F~ FOR TfBS PERIOD S 0.00 ~~ ~d TOTAL NrrEREST FOR TiLS PERIOD S 0.00 2012 Totals Year`to-Date TOTAL FEES CHARGED IN 2012 5 210.00 TOTAL INTEREST CHARGED IN 2012 413.05 NOTICE: SEE REVERSE SN~E FOR IMPORTANT INFORMATION i Paperless sMtements mean less cluster, more convenience Easily access up ro 24 months of downloadable, password protected statements. • See your statement as soon as it's avaibble rather than wait for it ro 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 Discovercam/paperbss 02010 Discover Baok, Member FDIC PAPER.0310 _.. ._.. __ __.. 1 N v rn a 0 g _o N N X v 30056557 Q1it~f1O11S~ Visit www.Ditcowf'.aom or call 1 800-DISCOVER (1-800-3472683). ~ISC~'VER DISCOVER` trpoysro BETHADAVIS ~~~Rr Account number ending in 6110 page 2 of 2 Interest Charge Calculation Your Annual Pereenbge Bale (APR is the annul interest rate on your account. Curtorrt fliNing Period: 31 days TYPE OF BALANCE ~~ PERi33wITAGE {~~> ~dtECf TO INTHEgT CHARGE Purdbasea 18.99% V SO SO Cosh Advances 23.99% V s0 SO V .Variable Rah waailiorwt U-,perlanr krfarrnalion See yew ~ AgnerneM. Your Cardmember Agreement contains ad the forms of your Account. lost or atolen aarda. Report immodratoiyl Ce>p 1•a300~317.2683. IM~pi l To Do L'f You TMlalc You Fftad A Atliaat~ro On )ream dNelararsera- If you think ikon is ~ enor on your sfalorrrerM, wrfh b us ~: Discover, PO Box 30421, SaM Luke Ciy, UT 84130-0421 In your IeMer give us IM fdlowirrg information; Account inormation: Your name card account number. Dollar omounh The doper amount of the wspecfeeF error. Pr c-~i of Problem: If you think Nrwo is an error on yarr biA, describe whd you bopew is wrong and why you believe if ~s a in-TsiiTci. _ You must contact us within 60 days after the error appeared an your afatoment. You moat notiFy ua of any potential error in~~w_rr~ ~r~~.You mmua'y cap us, but if You do ors an not squired ro inwatigah any potential errors and you may how b pay this amount in gwslion. While ors investigate whether or reef tlnn has boon on error, the fopowing an hue: Ws carsrrof try b coped the amount in question, or sport you as delinquent on Ihat amowrt. The charge in q~s~ion may remain on your stdemeM, and vw may continue b charge you irieresf on tlrW amarM. But, iF we deMrmine tFwt we mode a mistake, you wip red haw to pay the amours in question or arty inhrod or other Foos slated to that amount. While you do not haw b pay N» amount in Question, ~ an responsible far the remainder of your bahnce. We can apply arty unpaid amount against your credit imif. Youa• !i<inlab N You An Ditee~.d wfB. Yom. ' •- ~ ~ s --~ IF you an diatatiafied with thegoods or services that you how purchased with your uedit card, and you haw hied in good Faith b eonect the probhrtr with d» merchant, you may how the right not fo pay Nre nmoinirrg amount dw on the purchase. To use this right, ap of p» Following must be hw: 1 Tho purchase must how bean made in your home state or within 100 miles of your current mailing address, and the purdraw price moat haw boon men IFrarr SSO. ~Noh: Neidrer of fhes• on neco:aary iF your purchase was based on an advertisement we moiled b you or iF vro own the company that acid you ilre goods or aervieea.) 2. You mue haw used your endk card for 11» purchase. Purchases made with cash advances from an ATM or with a cheek flmf access.: your credit card aeeounf do not qualify. 3. You must not yet haw fupy paid for fire purchase. If dlof thesrihria abowen mN and yy are atip diseotisFied with dre purchase, costal us in~iti gat: Discover, PO Box 30945, Silt Lilco City~lR 84130A945 While vw inwatigate, the sumo rules b dre diapuhd amorxrf as discusaod above. After vre finish our inveatigatton, vw veil top you our deei At the point, if we think you owe an amount and you do riot we may report You os delingcrsrf, paY PaynreMs. You may pay op a part of your AawunF balance d any limo. However, you must pay at toast Iho Minimum Payment Due by Are Piymont Dw DaN. Send onlyour payment and fho by poAion of this :-aament in the enwbpe . Do rrol send cash. Byy ae~ndirrg your w deeeribed above, you authorise us b use informaFian on your chock make an eleeManie hard trarrshr from your aceaunF of ifro finaneid inatihrfion irrdiealed on yew chock ar b prooeas 1Fre payment as a chock transaction. If poy~n~ is procosaed m an eiedronk F+,nd hion:far tFre transfer wtp bo for d» arnorrM of the efcoek. When we vac information' from Your check to make an oloehonk Wnd tronsfw, funds may be wiil+drown from your account as soon as the mms day rw receive Your payment, and you wip not receive your chock bock from your financial institution. pr ~ yew poy~n may be dekayed iF you aend cash, conespondenee or other items with your payment, if you sand Ihi ~paymerd b ~y aAror~addrass or if ynu us• ac omhlope other than the qrs pr~oaidrld PaymorMs received in proper form at our processing locipy SPM k~cd limo on any day wip bo credflod to your Account as of ihat day. Payments received of our protesting facik~y oFer SNM toed limo wiA bo credited to your /Sceount as of the na~A day IF you haw mispkseed pur onvobpo, send your payment b DiaeorK, p0 gwc 6103 Carol Shrorn, IL 601976103. Please dksw 7~ 10 days for delivery. IF your payment is rNurned unpaid, wo naorw dre rig~rt b rewbmit it as on elechonic debit. 30056557 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION You can pay r morMhly Minimum Payment Due, or o amount that doss not excel yaw current Account balance, over dts a can setup automdic payments a cuabmer service repressrdatiw by calling . 1-800.347- 683. Au~lomah'c poyrnsMs wiN be deducted on Ihs Paymsrd Dw pds unless yyou request a recwnng paymen} date ~ . Ilrs 151h ddam~y, of dte month) drat Dean before your Payment Dw Dde. IF your xftduld payment date Falls on a weekend a bank hdidoy your pa~~yment w~iN t» processed 1hs bustrass day for b the weekend a bank hdiday. In order b acMdule madhly poyments(by gds ,you wtN nsd~ is statement ond~jrour bank account informdion. You wiN be askd ro provkle the loaf four 411 di ' of the socwl recur number of tta pnmary borrowK. By prcmding those numbers as your ale is sigrtdvro, you wiN be agr«ing to this aulFarizafion to oNow us and your bank to deduct each paymerA you authorize, in the amount selected ~y you, from your book account. You also aulhortze us b initide debit or creatrt enhies to your bank account, as fo comct an error in ~e processing of such poymer~. You can cancel a xhduksd payment by phoned 13a4~7e--2683 a by moil d Discover PO Box 30421, Sak lake City, UT 84130A421 however we must rocaw rtdice d lead three business days in advance of Ilte xheduled payment. If your payments may vary in amount, we wiN teN you on each monthlyy biting statement when your payment wiN be mods and how much it will bs. You must enswe dictt sufficient funds are avaiksbte in your balk axrount, and all honsactions must comply with U.S. law. You can set aubmdic payments for• (i) stateemenf New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Dw pkn o Rxd dope amount, a (iv) a Rxd doMor amount. If your xhduld Rxd payment is not en fo cover N» Minimum Payment Dw os listd on your monthly biNinngg ~a~ta~~temerk, your scheduld payment For that month will increased b cover the Minimum Payment Due. If IFte xheduled payment a voter Iltan the Minimum Payment Dw, any excess wiN be din accordance with your Cardntember Agreement. lF y<wr xheduled payment is greater than the IWw Balance on your biNmg stotemsnt, the payment wiN be proceed ornly For the anouM of your New Balance. Your automatic amount may be less than the amwrnt indicated on the periodic statement basil on crdits or payments aRer the bDate. If you enrdl by phone in our automatic payment serviu, please Rll.in the following bkanks below and retain the authorization for your records. Amount: ^ FuN Pay ^ Min Pay ^ Min Pay + S ^ Fixd Pays Bank Routing 4: Bank Account #: , Fregwncy: Credit Reporting. We may repot infarmotion about your Account b crdit bureaus. late payments, missd payments, or other defouMs on your Account may be reflected in yaw alit reeppoortrt. We rrormaNy report Ifte status and payment hi of your Account b credR reporting agencies each martllt. IF you bslisri that our report is inoccurafe or incomplete, plsos~e write us at the following address: Dixowr. PO Box 15316, Wilmington, DE 19850.5316. Please indicofe your Home, address, home telephone number and Account number Payisg i~eaed~ Ws beoin b impose interoaf drorgss on a hansaction he or imeresf charge from the day we add it to the ir~est on Pwehases Dos dsraeerrobd b~ilow. Howe u car~ot cv~oid~ ford anaunt you owe us. You can avail paying Advances. Yor+ pay ng interest on Balance Transfers or Cash How b Avoid Paving Infest on Purchases J"Grace Period"1 ~o(~rTif-R+w eon your previarsn~FNmg~atemenf by the Payment Dw Date shown on the billing stdsment, we will not impose irttereN charges on new Pwchoses a on prtion of a new Purchase, paid by Ifs Payment Due Date an your current bilfing statement. Nsw Purchases oro Pure~aaes the first appear on the currenf biting statement. How We Aoaly Povments Mav Im~t Your Grace period It you do red pay your` ear' ce m~ueoc6-mph, en, depending on the balarxe fo which we apply your payment, you ^bY rrof get a grace period art new Purchases. HoMr ~ Csicrdale hrueet ~s ~Y Ral~aee McAred (:~dirrg curreart ransoctione): We cokulafe interest charges each bifli period. by Rr~ Rgvring the "doily bakuxs' Fa oath Transaction Cdegory. Troruaction Cdestories inck~de srortdord ~rchosss, standard Cash Advances acct different promotional balances, such as Balance Irons s. tiow M/e Figure the Doty balance for Each Tneaeoctiear Category We start with the bbee~grnning balance for each day. TI» beginning balance For the first day of the billing period is yaw bdoncs on dre last day of your previous bi mg perioodd We odd any interest charges accrued on 1M provious day's daily balance and any new hansactions and fees. Ws add any new transoefions w fees os of tfte later of the Tronsaction Date a rtes first day of the biting period in which Nw transaction or fee posted b your Account. We subhad orry new adih and payments. We make other djustmerth (inchrding tlroee adjustmsrrts requird in the "Paying Interest" section). How 1Ne FrtF*e Your Total Merest Chatgee We mukiply pre daily balance far each Transaction Category by ih daily pertactic rant. We do this for sock day in N» hinting period. This gives us 1Fte interest charges for each Transaction Category. To get a daily periodic rate, we divide tt» APR the applies to tfta Transaction Category by 365. We add up all the daily interest charges. The sum is the total interest charge for dre biting period. How Wi racltrde Fear: Ws odd Balance Transfer fees b the applicable Bokurce Transfer Transaction Cahgory~ We odd Cash Advance Fees ro the icable Cosh Advance Transaction Category. We odd all other fws to the standard Pvrchgse Tronsocfion Dry. balance Subject te Meroet Rate. Yaw staternerM shows a Bolancs Subject b Interest Rate. It shows this for each hansaction category. The Balance Subject b Interest Rafe is d-e average of the daily balances during the billing period. Credit balances. IF your Account has a credit balanu, the amount is shown on the 6ont of yaw biflirtg statement. A credit lwksnce is money that is owl b you: You may make charges against Ibis amount if yaw Account is open. We wiN send you a rofund of any romamtng balance of S 1.00 or more oRx 6 months, or os oihsrwias roquud by opplicd>fe k~w. For TtDt'~D eleagenAe'nunicaliars Device fior Ilre DeaQ eseblance, please cap 1-800-347-7449, Dtat~fi~li~llitor and/a record telepharw caps between you and Dixover rspresentdives For quality assurance purposes. The Dixovermcard is issud by Dixowr Bonk, Member FDIC RzNfEVOt 4~UAS1JOffIS? Visit www.DlscorrK.toln or call 1.800-DISCOVER (1.800-347-2683. ~.~~~~ VERIFICATION l '~'((° ~~~,~ ~ Leal Placement Account Manager (Name) (Title) of DB Servicing,Corpvration, 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 ''•- BETH A DAVIS XXXXXXXXXXXX6110 ~ - 1 ( ignature) DB Servicing Corporation serving affiliate for Discover Bank PO Box 3025 New Albany, OH 43054 WWR# 30056557 C A Pit SJS SHERIFF'S OFFICE OF CUMBERLAND COUNTY; t Ronny R Anderson ~ ~' ~ ~ ~' Sheriff -.. ~ , - ~~~ Jt 4t~li ~~ ~ j`i, ~ ~ ~~~~ ~ &''1t1 U7 ,., ~ ^.- is Jody S Smith -[ •.~ ' o Chief Deputy ~ ~ _,,,° `:' ~ `~ `~ ` "-~ Richard W Stewart ~~. Solicitor _ `" ~ is `.~, .' .- ;~ Discover Bank Case Number vs. 201 2-7056 Beth A Davis SHERIFF'S RETURN OF SERVICE 11/26/2012 05:31 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Beth A Davis at 204 11th Street, New Cumberland Borough, New Cumberland, PA 17070. ~ ----~ t"'--~__ RYAN BURGETT, DEPU SHERIFF COST: $45.00 November 27, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF .Au 30oS- 6 ss"7 (VI) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ??S 6 C, ,• 20 Z RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially i> Following form cY. PETITION FOR AI'POIN7.TMENT OF ARBITRATORS CD _ CD c: <. TO THE HONORABLE, THE JUDGES OF SAID COURT: -a X7 counsel for the lainti "MdnrA in the above action (criwiiens), respec lly represents that 1. The above-captioned action ( ) is (am) at issue. 2. The claim of plaintiff in the action is $ 3, ?0? . 'y The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators::: r 1I /] WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfull submitt d, rAC ORDER OF COURT petition, . Esq., and AND NOW, captioned action (or actions) as prayed for. 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, Qtw,,ag. Sold A cl(g jacj11l-<'? odF?T)? EDGAR B. BAYLEY CERTIFICATE OF SERVICE A true and correct copy of the within Petition for Appointment of Arbitrators, for an t? Arbitration Hearing, has been served by U.S. Mail, Postage Pre-Paid, on L? of Arel,''u a(y , 20 13 upon the following: BETH A DAVIS 204 11TH ST., NEW CUMBERLND, PA 17070 By: / aa: c.d S _� •� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff No. 12-7056 VS. AMENDED COMPLAINT IN CIVIL ACTION BETH A DAVIS Defendant(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T Molczan,Esquire PA I.D. #47437 WELTMAN, WEINBERG&REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#30056557 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent,DB Servicing Corporation Plaintiff vs. Civil Action No. BETH A DAVIS Defendant(s) AMENDED COMPLAINT IN CIVIL ACTION 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 fin-ther 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 ON AGENICES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMENDED 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 an adult individual residing at 204 11TH Street,New Cumberland, PA 17070. 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6110. 6. Defendant made use of said credit card. 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 repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due the Plaintiff. 9. Pursuant to a agreement with the CFPB and FDIC, Discover Bank is amending its Complaint to reflect a credit of$267.63 to the existing charged off account balance. 10. After the application of this credit,the account balance due is $3,535.51. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant, Beth A Davis individually, in the amount of$3,535.51 with interest at the statutory rate of 6,00% per annum from date of judgment and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG& REIS, CO., L.P.A. W William T Molczan, Esqu e PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh,PA 15219 (412) 434-7955 WWR#:30056557 I I VERIFICATION (Name) (Title) of DB Servicing Corporation,servicing affiliate of Discover Bank does hereby verify,under penalty of penury 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. Additionally,he/she verifies that Discover Bank,f/k/a Greenwood Trust Company,which is an FDIC-insured Delaware state bank,lacks sufficient knowledge or information to verify this amended complaint. He/she verifies that he/she is C authorized to make this verification. As an employee of DB Servicing Corporation,he/she has sufficient knowledge and information to make this verification,and consequently verifies that the facts set forth in the foregoing amended complaint are true and correct 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. It is further stated that Discover Bank and DB Servicing Corporation extend 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 (Signature) DB Servicing Corporation servicing affiliate For Discover Bank PO Box 3025 New Albany,OH 43054 CERITIFICATE OF SERVICE I, William T. Molczan, Esquire, hereby certify that a true and correct copy of the Amended Complaint was served on the Defendant by First Class U. S. Mail, postage prepaid, this tday of, W(��2013 addressed as follows: Beth A Davis 204 11 th Street New Cumberland, PA 17070 William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG& REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 WWR: 30056557 DISCOVER­BANK Through Its Servicing Agent, In The Court of Common Pleas of Cumberland DB SERVICING CORP. Plaintiff County, Pennsylvania No.2012 - 7056 BETH A. DAVIS Defendant Civil Action—Law. Oath We do solemnly swear (or affirm)that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office withidelity. ®r Sign V.> tore S i g'na K r'c ature 1< Marcus A. Kni , III, Esq. Melissa P. Greevy, Esq. Jason E. Delso, Esq. .g Name (Chairman) Name Name IRWIN & McKNIGHT, P.C. JOHNSON DUFFIE SALZMANN HUGHES Law Firm Law Firm Law Firm 60 W. Pomfret Street P. 0. Box 109 154 Alexander Spring Rd Address Address Address Suite 1 Carlisle, PA 17013 Lemoyne, PA 17043 Carlisle, PA 17015 City, Zip city, Zip city, Zip Award We. the undersigned arbitrators* having been duly appointed and sworn. (or affirmed),make the n I Z� folio vino award: (Note: If damages for delay are awarded. they shall be separately stated.) lard -;Pbitrato :-dissents.-{Insert-name-if-applicabli-e-)..... ..... Date of Hearing: May 2, 2013 W (Chairman) (C1 Date ofAward: A." -I 201-4! Notice o try of Award Now,the y day of —171de, 2 20 /,-'? , at_li9.'l'7 A M., the above award was entered upon the docket and notice tKelWof given by mail to the parties or their attorneys. a Arbitratoq' cWpensation to b paid upon appeal:S =4 By: Prothonotary Deputy OF Th' FILE PROT� ONO T Ai�,= 2o13 MhY —2 W 1 .19 CUMBERLAND A T A t "T7 C rri C�3 ? f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff No. 12-7056 CIVIL TERM vs. PRAECIPE FOR JUDGMENT ON AWARD OF ARBITRATORS BETH A DAVIS Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T Molczan, Esquire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#30056557 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff vs. Civil Action No. 12-7056 CIVIL TERM BETH A DAVIS Defendant PRAECIPE FOR JUDGMENT ON AWARD OF ARBITRATORS TO THE PROTHONOTARY: Enter Judgment against Defendant, BETH A DAVIS, on the Award of Arbitrators in the amount of$3535.11. hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: O'Z6 William T Molczan, Esqu PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#30056557 Plaintiffs address is: c/o Weltman,Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7,h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant[ is: 204 11T STREET, NEW CUMBERLAND, PA 17070 (p.50 b ATr-f ail 11167/003 Ot A16(05 I�aflc� �aile� DISCDM-BANK Thro h Its Servicing agent, In-The Court of Common Pleas of Cumberland DB 25MVICIA6 CORP. Plaintdff County,Pennsylvania No.2012 -7055 -.BETH A. DAVIS _ � Defendant , Civil Action—Law. Oath We do solemnly swear(or affirm)that we will support,obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with delity. .1 ...� Sign re Si atwe Marcus A, , III, Esq. Melissa P. Gr". Esq. Jason E. Delso, Esq. Name (Chairman) Name Name IRWIN 6 HcSNIGHT, P.C. JOHNSON DUME SALZMANN NUGHBS Law Firm Law Firm Law Firm 60 V. Pomfret Street P. 0. Box 109 154 Alexander Spring Rd Address Address Address Suite 1 Carlisle. PA 17013 Lemoyne, PA 17043 Carlisle, PA 17015 City. Zip City, Zip . City, Zip Award We,the undersigned arbitrators;having been duly appointed and sworn(or affirmed),make the following award: (Note:If damages for delay are awaykd,,they shall be separately stated.) it s .. ....._.�.._._..._._- ....... ......... . ., .._............__...._._..---.. ........ itratt� nts-{Inseresraute-if applicable:)- .._..... Date of Hearing . May 2, 2013 (Chairman) " ;� ' Date of Award rm �,�� Y.y.. Notice o try of Award Now,the day of .20 ,at M.,the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators'compensation to be paid upon appeal:S By: Prothonotary Deputy 3oo S" ' SS7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff vs. Civil Action No. 12-7056 CIVIL TERM BETH A DAVIS Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment aL entered against you on !v 10 (xx) Assumpsit Judgment in the amount of$3535.11 plus costs. ( ) Trespass Judgment in the amount of$ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict (xx) Arbitration ATN Award Prothonotary BETH A DAVIS v3. c c?wo 20411 T11 STREET BY NEW CUMBERLAND, PA 17070 PROTHONOTARY(OR DEPUTY) COM MO r4 PCEA6 COURT OF THE COUNTY OF Cv MS(-YL.LAnr0 IN THE STATE OF Q ENa S`I t-V A n11 A ............ .................. ...... ......... ... .......x poG.iCET N /Z "7oSC u U.. TL'1R Plaintiff ANSWER TO INTERROGATORIES -against- BE"1)4 A. a Pry IS - Defendant , ............ ...... ...... ... ... ...... ... ... ... ..........x cn CD Upon the affidavit of &Emi A • OA-j %5 sworn to the ZN day of A-u fa u S-r , 2013 and upon the copy of complaint he annexe R is r a CD ORDERED.that the above named Plaintiff(s)show cause before a motion temr of`- this Court,at i COUCi -4oVSr:Z: 5c'UA{e CAR._ AS[.c, aA r'ld 1. L 1RE"'711 A. 1�A•115 am the defendant in the above title action. I reside at 204 /17)A !S AEW 0 Obi 2. 1 lack the knowledge or information to either admit or deny in what capacity the Plaintiff is acting or has acted. 3. I lack the knowledge or information sufficient to either admit or deny Interrogatory No.(s) A[_L.. . The documents requested, if in existence, are not within my possession, custody or control. 4. I deny that the amount set forth in the Plaintiff's complaint is correct. 5. 1 have previously requested for validation of the alleged debt owed which, to date,has not be furnished by the Plaintiff. WHEREFORE; it is respectfully requested that the Court consider this answer to the demand for discovery and inspection and place the case on the trial calendar; and for such other and further relief as this Court may deem just and proper. Q Defendant Sworn to me this 0,4 ' O ( S Day of v,90 -- Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal William D.Wierman,Notary Public New Cumberland Boro,Cumberland County My Commisslon Expires Sept.15,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES WELTMAN, WEINBERG & REIS,C0., L.P.A. BY: Matthew D. Urban,90963 I.D. No. 90963 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 FAX: 412-338-7130 File # 30056557 C A Pit SJS •.Attorney-forPlaintiifls) Discover Bank, Through Its Servicing Agent, DB Servicing Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. BETH A DAVIS CASE NO. 12-7056 CIVIL TERM PRAECIPE TO SATISFY TO THE PROTHONTARY: Kindly mark the case and judgment entered against Defendant BETH A DAVIS as satisfied. WELTMAN, WEINBERG & REIS CO., L.P.A. By Matthew D. Urban Attorney for Plaintiff a°1 ail II s.91.7y. ?c,i-toc)