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Home My WebLink About13-0097Our File No.: 348779 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff DISCOVER BANK C/O DB SERVICING CORPORATION, 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 Plaintiff, vs. CYNTHIA J FETTERMAN 22 PARKER RD NEWVILLE, PA 17241-9464 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY ~>+ "CAS ~ ,Zi" ~ ~ ~ ~ Q ~ ..c z --~ -~ c~ rC'p ys ~~ ~'~t ~ G .: r'~ ~ .. .i _ ~ ..~ ~ ~' _< NOTICE 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 S a,~,, t,3. )S ~ Q ~~- ~a~~ s ~ a~4q~o T Our File No.: 348779 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff DISCOVER BANK C/O DB SERVICING CORPORATION, 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Plaintiff, vs. CYNTHIA J FETTERMAN 22 PARKER RD NEWVILLE, PA 17241-9464 Defendant. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is Discover Bank ("Plaintiff'), a Delaware State Bank and issuer of the Discover Card. 2. Defendant(s) is/are CYNTHIA J FETTERMAN ("Defendant"), an adult individual residing at 22 PARKER RD NEWVILLE, PA 17241-9464. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ("Account") to Defendant. 4. The Account number ends in 3768. 5. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 6. The account is in default due to Defendant's failure to make timely payments. 7. The account statement reflecting the balance after default is attached hereto and incorporated by reference herein. 8. Although demand has been made, Defendant has failed to make payment of the amount due and owing. 9. The amount due and owing as of this date is $4,210.45. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $4,210.45 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ~SS CIATES, P.C. Attorney or P aintiff A Law Firm Engaged ~ Debt Collection BY: David J. ApotY~aker, Esquire Our File No.: 348779 VERIFICATION ame) ~ (Title) of DB Servicing Corporation, the servicing affiliate for Discover Bank, does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities and states, that he/she is a duly authorized representative of plaintiff herein and authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and accurate to the best of his/her knowledge and information and that he/she is familiar with the manner and method by which plaintiff maintains its normal business books and records, including computer records of defaulted accounts. S/he is also familiar with the relationship between Discover Bank and DB Servicing Corporation. That Discover Bank, f/k/a Greenwood Trust Company, is an FDIC insured Delaware State bank, and its servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including, among other things, business management services, customer service, and collection of delinquent accounts. The collection of delinquent accounts includes the right to forward the same to the attorneys to file suit on Discover Bank's behalf. Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Services. Date ~ ~ ~S - ! ~- (Signa Defendant's Name: CYNTHIA J FETTERMAN DB Servicing Corporation servicing Account Number: ending in 3768 affiliate for Discover Bank Our File No.: 348779 PO Box 3025 New Albany, OH 43054 DISCC#VER New Balance Minim~~ um Payment Due, $4,210.45 $455.00 __j r ' Poynienf Due Date ' January 14, 2012 , 19 SDSN6A0100t9120 CYNTHIA FETTERMAN 2300 NCDERMOTT RD STE 200 PLAND TX 75025-7017 Address, e-mail or telephone change2 Go to www.Diseoverean or print change in space above. Dale: Nonrsmbar 20, 2011 -Closing Dale: D ~ Discover Motfva Card Account Summary Account number ending in 3768 Previous Balance ~ $4,107.42 I Payments And Credits - 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 35.00 In#erost Charged + 68.03 New Ba once ,210.45 Sae interest Charge Cakulation section fallowing transactions for detailed APR information !Credit Line $3,900.00 Credit Line Awilable_ _ . _ _ 50.00 Cash Advance Credit Line $600.00 Cash Advance Credit Line Available $0,00 You maybe able to avoid Interest Charges, see Additional Important Information for details. """"""" "`~"°a Anniversary Month April Opening Cashback Bonus Balance $ 40.67 New Cashback Bonus This Period + 0.00 Redeemed This Period - 40.67 Cashbadc bonus Balance $ 0.00 To loom more, 109 in at www.Diseowr.aam Account Number ending in 3768 Enter Amount Enclosed Below $. Please make check ble to Discover Card. You are overlimit. ~°the sum of the monthly minimum payment plus the overlimit amount of $3 i 0.45. Access end manage your account et www.Discover.com orvisit m.discover.com on your mobile phone. PO BOX 29033 IlLrrlluunlllrlullurl PHOENIX AZ 85038-9033 Ilrrlrrlrlrllrrrrrllrlrrlrlrlr~IlrrrrrllrrrlErrrllrrrllrrlrlrl scember 19, 20i 1 pope 1 of 2 Payment infiormatiton New Balance $4,210.45 Minimum Payment Due* $455.00 Payment Due Date January 14, 2012 * Includes past due amount of $331.00 lots Payment Waming:lf we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35.00 and your purchase and balance tronslar APRs for new transactions maybe Increased up to the Penoky APR of 24.99% variable. ilAirinum Payment Warning: If you make only the minimum payment each period, you will pay more in interesF and it will take you longer io pay off your bakmce. for example; <ya ... ,~. .. .Sry~ nK :. . ~~ . :. ~s:. , ,. ~~' vs •~I~•vf a .v yh ~>~:.:ny Only theminimvm 1,5~years '$10,261 payment 1f you would like information about credit counseling services call 1.800.347-1121. Manage Yew Account Online at www.Discover.com • Access free or~ina tools tike Paydown Planner to create a plan to_pay down your balance, seeuroly access statements, pay bills online and easily track all iransaetions • Make your money worth morel-find easy ways to cam and redeem cash rewards • NEWT Access your account securely through your mobile phone ~~ 3 Eery Ways to Contact Us 1. Access your account securely aF www.Discovsrcom ', 2. Call 1.600-DISCOVER 1.800-347-2683) . Please have your Discover®~ad available 3. Write fo us of Discover, PO Box 30943, SaR Lake City, UT 84130 (Not a payment addrosa} For payments, phase send to address on remiMance or Discover, PO Box 6103, Carol Stream, IL 60197.6103 For 7DD (Teleoommunicotiora Device for the DeaF} assistance, please toll 1-800.347-7449. Tronsalctions tees Inlerost Clrargsd Trams. Post Dots Data Dec 14 Dec 14 LATE FEE TOTAL FEES FOR THIS PERIOD $ 35.00 35.00 INTEREST CHARGE ON PURCHASES $ 68.03 INTEREST CHARGE ON CASH ADVANCES 0.00 NOTICE: SEE REVERSE SIDE FOR IMrORTANT INFORMATION DISC VER .~ -_~ Paperless statements mean less clutter, more convenience ~ Easily access up to 24 months of downloadable, possword protected statements. • See your statement os soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through email or text messages on your mobile phone. • ?riot a paper copy of your statement onytime. • Sign up today at Discovercom/paperiess ,' 02010 Diamvar BrnAc, Mereber FDIC PAPER0310 Transactions T~s. (cont.) ~~ a~9~ INTEREST CHARGE ON BALANCE TRANSFERS $ 0.00 TOTA! (MEREST Fat THrs t~ERtoD ~,~ 20I 1 Totals Year-#o-Date TOTAL FEES GHARGED IN 2011 $ 175.00 TOTAL INTEREST CHARGED IN 2011 787.52 i QueSfIW15? Visit www.Discovarcom or cal4 1-800-01SCOVER (1-800-347-2b83}. DISCOVER ' ?P~;t(. ~~~/'ER . trpaysAO~ ~ CYNTHIA fETfERMAN DIS~Qy~'1T ~ Account number ending in 3768 _ .. Page 2 of 2 int~f•est Charge Calculation Y :wi . naval Percentage Rato ~APRJ is the annual interest rate on your account. C rrc r I Billing Period: 30 days T"FE CrP BALANCE ANNUAL PERCENTAGE BAIANCE SUBJECT TO IWTHtEST CFWRGE RATE(APRJ INTEREST RATE Purci ases 19.99% V 54,1.40.20 568.03 Crrk ~~.dvanees 23.99% 50 50 V = ' ariable Rate Information For You * ` * - ~7TENTION ** * Your amoun} is seriously past due. f ayment of the amount due and arrangements for future ~aym gals should be made immediately. .w~aa:onal Important tntORnallell lee your Cardmember Agreement, Your Cardmembsr Agreement contains all the terms of your Account. ~ASt or stolen cards. Report immediately) Call 1800.347-2683. `What 7o too ff You Think You Find A Mietoke On Your Stalievsren- ~~ If you think there is an error on your statement, write to us at: Diseowr, PO Box 30421, Sah Lake City, UT 84130A421. In yo~rr IelFer, giw us the Following information: • Account irtformafiort: Your name and account number. • DoWar amount: Tire dollar amount of the suspected error. • Descriotion of Problem: IF you think there is an error on your bill, describe what you believe is wrong and why you believe It is a mists e. Yov must contact us within 60 doys offer the error appeared on your statement. You must rwtify us of arty potential errors i_n__w_ri~ti~. You mcry mll us, but if you do we are not roquirad to irvestigate any potential errors and you may haw to pay the amount in question. White we investigate whether a not (here has been an error, the following are true: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • Tire charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made o mistake, you will not hove to pay the amount in question or any inMrost or other Fees rotated ,' to that amount. • While you do not have to pay the amour in question, you are responsible for the remainder of your balance. ! We can apply arty unpaid amwnt against your credit limit. Your Riabta If You Are b7resafiefred Wlth Your Crodli Cnr+d~ If you are dissahsfied with the goods or services thot you haw pwchased wNh your credit Bard, and you haw hied i in good foiffl to correct fhe problem with the merchanF, you may haw the right not to pay the romairnng amount ~ due on the purchase. ~ To use this right, all of the folowing must be true: 1. The purchase-must haw been made in your home state or within 100 miles of your current mailing addrosa; and - - the purchase price must haw been more than 550. (Note: Neither of these are neceswry if your purchase was based on an adwrtiaement we mailed to you , or if we own the company Fhot sold you the goods or services.) ~ 2. You must have used your credit card for the purchase, Purchases mode with cash advances from an ATM or with a check that accesses your credit cord account do not qualify. ', 3. You must not yet hove Fully paid for the purchase. If all of the criteria above are met and u are still dissatisfied with the purchase, contact us in writing of Discover, PO Box 30945, Sab lake Ci y~, UT 8413409.45 While we invesfigate, the some rules apply to the disputed amount as discussed above. Aker we finish our investigation, we will cell you our decision. At that point, if we think you owe an amourt and do not may report you as delinquent. Y~ pay we ~ Payrnersb. You mayppaay all or part of your Account balance of anytime. However, you must pay of least the Minimum i Paymert Due by the P.yment Due pate. Send only your payment and the top portion of this statement in the envelope pprovided. Do not send cash. Bxx sending your chock as dssenbed above, you authorize ua b use inFortnation on your cheek i to make an electronic fund ironaFer from your account at the financial institufion indicated on your check or to process the payment as a check transaction. If payment rs proeeased as an electronic fund transfer the transfer will be for the amount of the check. When we use information From your cheek to make an elecronic fund trons~er, funds maybe withdrawn from your account as soon as the some day we receive your payment, and you will not receive your check batik from your financial inslilution. The processing of your payment may be dslayod if you send cash, correspondence or ocher items with your payment, iF you send the payment o any other address or iF you use an smrelope other than the one provided, payments recavsd in propor form at our processing facility by SPM local time on any d will be credited to r Aceourt as of that day. Payments received at our processing facility after 5PM local time wiA~ credited to r Account as of the next day IF you fwve misp~aced~ your emelope, send your payment to Discover, PO Box 6103 Card Sheam, IL 60197.6103. Please allow 7-3 0 days for delivery. If your payment is returned unpaid, we reserve the rig~it to resubmit it as an electronic debit. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION f•V r ~ts• You can r monthly Minimum Payment Due, or a groakr amount that does not exceed your current Account balance, over d+e one or you can aehrp automatic payments through o customer service representative by calling 1-800347- 683. Automatic payments will be deducted on lhs Payment Due Date unless you request a recurring Pa ent date (e.., the 15th day of the month} that occurs before your Payment Due Date. IF your scheduled payment date falls on a weekend or book hdiday, your payment will be prooesssd the business day prior to the. weekend or bank holiday. In order id schedule monthly payments labphorw you will need this stoMment and your bank account information. You will be naked io prov+de the ksd four (4~digrts of lice social security number of the prmwry borrower. By providing those numbers as your n+c signature, you will be agreeing to ihia auhorization to agow us and your bank to deduct each pa sot you authorim, in the amount selected by you, from your bank account. You also aufhonze us to initiate debit or entries to your bank account, as +eabb, io coned an error in the processing of such payment. You can cancel a achedubd paymav+t by phone at 17.2b83 or by mail at Discover, PO Box 3Q42 T , Soh Coke City, UT 84130A421; however we must roce+w notice at basF Ihree busir+esa days in advance of the scheduled payment. IF year paymenh may vary in amount, we wiY tell you on each month biting sfatgnent when yen payment wiA be made and haw much it wiA be. You must ensure that sufficient funds are availab a in your book account, and all tranwctions must comply with U.S. law. You can set avto+rwfie payments for. (i} statement New Balance, (ii} statement Minimum Payment Due, (iii) statement Minimum Payment Due ~fuced ddlar amount, or (ir) a fixed dollar amount. If your scheduled faced payment is not h to rover the Miramum Dw as listed on your monthly billing statement, year schedubd payment for that month will irrcroased b cover the Minimum Payment Due. If the scheduled paymatt is r than the Minimum Payment Due, any excess wiq be appl~~ed in accordance with your Cardmsmber Agreerr+ent. If"your scheduled payment Is grouter than the New Bdan~ a your billing slofemerrF, lfwt payment will be only far the amourd of your IVew Balance. Your automatic payin ay be less than the amount iodic on the periodic statement based on credih or payments aker the Closing Date. If you enrdl by phone in our automatic payment service, please fill~in the Following blanks below and retain the authorization for your records. Amount: ^ Full Pay ^ Min Pay ^ Min Pay + S ^ Fixed Pay$ Bank Routing #: • Bank Aeeount #: • Frequency: Credit Reporting. We may roport information about your Account ro credit buroaus. late payments, missed payments, or other dsFotrlts on your Account maybe reflected in your credit report. We normally report the status and payment history of your Account ro accts reporting agencies each month. IF you believe that our reppoort is inaccurate or incompble please write us at the Following address: Discover, PO Box 15316, Wilmington, DE 148505316. Please indicate your name, address, home telept+orw number and Account number. Irrfasrssh We bbegin to impose interost charges on a hansoction, fee or interest charge from the day we odd it to the darly We corrlinue to impose irderost charges until you pay the total amount you owe us. You can avoid paying interest on Purchases os described below. However, you cannot avoid paying interest on Balance Transfers or Cash Advances. How to Avoid Paving Ingrest on Purchases f"Grace Period") +r paid the New BaFance on your previous + +ng statement by the Payment Due Dale shown on that billing statement, we wi{f r-at impaae interest efwrges on new Purchases or at~y portion of a new Purchase, paid by tl» Paymarrt Due Date on your wnerd bit if ng ~alem~t. New Purcwses aro Pvrc~ases Hwf first appear on the cunent biAing statement. How We Aodv Payments llhav Imaact Your~rC ace Period It ycou do Trot pay your eve m fr~f'eac r~mon'1Fi, iTien, dapendirrg on the balance to which we apply your Payment, you may not get a grace period on new Purchases_ How Wi Calculate InMsarad Charges - Daly Balance Method Cnduding cancers trorraactbns): We cakvlate interest charges each billing period by first F wringg the "daily balance" for each Trarraaction Category. Transaction Cao~~~ries include standard Purchases, Casl+ Advances and different promotional balances, such as Bala+xe TransTers. lbw We Figcrn flee Doty ltaiarrce for Eadr Transaction Category • We alert with the inning balance for each dory. The beginning balance For the Hr~ day of the billing period is your bahnee on the day of your previous bi rng period • Wa add arty interest charges accrued on tla provious day's daily balance and any new transactions and Foes. We add new hansoetiona or foes as of the ksier of the 7mmaction Date or the first day of the billing period in which transaction w Fee posted to your Account. • We subhad any new credits and payments. • We make other adjustments (including chose adjustments required in the "Paying Interest" section). flow We Figuro Your Tetd krterest dargss • We multiply the daily balance For each Transaction Category by its daily pen~dic rate, We do this For each day in the biting penod. This gives us the interest charges for each Transaction Category, To get n daily periodic rate, we divide the APR thud applies to the Transaction Category by 365. • We add up afl the daily interest charges. The sum is the total interest charge for the billing period. How Ws hacWrde fees We add Balance Transfer fees to ftroapptieable Balance Transfer Transacton Wo add Cosh Advance Fees to the applicable Cash Advance Transaction Category. We add all other fees to •e standard Purchase Transacfion ~g°rY. Baknoe Subject to kslerest Rare. Your statement shows o Balance Subject to Interest Rate. ft shows this For each transaction ealegory. The Bakmce Subject to tnterosl Rate is the average of the daily balances during the billing period.- Cndk ftalmsas. iF your Account has a credit balance, the amount is shown on the front of your billing statement. A erodi! balance is money Hxd is owed ro you. You may make dwrges against this amount it your Account is open. We will Bond you a refund of any remam+ng balance of $1.00 or more after 6 months, or as otherwise roqu+red by applicable law. for TDD rfelecorttrnrwicatiorts Device for the Deaf) assistance, phase wfl 1-800.347-7449. ~' Diseowr may monitor and/or record telephone colts between you and Diseowr representafives for quoliy ossumnce Purposes. The Discover®card is issued by Discover Bank, Member FDIC azrtFEOOt QIJ@Sf1011S? Visit vwvw.Disoover.catn or call 1-800-DISCOVER (1-800-347-2683}. DISC~1/ER C G a i = ~ c i a c