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Home My WebLink About13-0581~F THE F'~i~~E=C)'~t3ir'~~~'~' . 2Q13 FEB -4 P~ i ~ d6 CUMBERLAND Cf~UtdTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. JOHN W BANKS Defendant No: 13_ S~'1 Crvil 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 30089482 C A Pit SJS e~~°Iu3.~S~~ CK-I~ IU91u81a1 R~ as~aL 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 JOHN W BANKS 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 s 1. Plaintiff, Discover Bank, is a banking institution organized un er 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 8 S 16TH ST CAMP HILL, PA 17011 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3939. 6. Defendant made use of said credit card and has a current balance due of $10458.17. 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 repeatedly 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, JOHN W BANKS, INDIVIDUALLY, in the amount of $10458.17 with interest at the statutory rate of 6.00 % per annum from date of judgment and costs. W - William T. Molczan,47 WELTMAN, WEINBERG & S CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 30089482 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 Baloncs DISCC~~VER $D.oo 30 SDSN6A010009843 JOHN W BANKS 8 S 16TH ST CAMP HILL PA 17011-4804 Tent APP to DISCOV' to recxNre a Ilnk to our free mobile app and pay your biN in secorxls tram anywheret PD BOX 6103 ~~~"'~~""'~~'~~"'~"'~~ CAROL STREAM IL 60197-6103 Address, e-mail ortelephons changs>1 ~i~inilunnilirluiuJrliuuii~ilnrn~~i~inuJ~ul~l~~~ j~ Go ro www.Daeoverean or print change in space above. ~ e 000001986454629843959000000000000000174300 ~:.._~,:,._.~;--~:~-- Opening Done: t+bvember 21,2012 - Cbsing Data: tdovember 30, 2012 page 1 of 2 Discover More Card Account Summary Account number ending in 3939 Provious Balance 510,458.17 Payments And Credits 10,458.17 Purchosss + 0.00 Balance Tronsfen + 0.00 Cash Advances + 0.00 fees Charged + 0.00 Interest Charged + 0.00 New nee 50.00 See Interost Charge Cokvlation section Fdbwing tronsaetions For detailed APR information Crodit Line 69,000.00 Credit line Available 60.00 Cash Advance Credit line 54,500.00 Cash Advance Credit Line Available 50.00 Payment Information Nsw Balance 50.00 Minimum Payment Due 51,743.00 PaymenF Dw Date December 25, 2012 lale Paym«st Wameig: If we do not receive your minimum payment by the dale listed above, you may haw ro pay a lah fee of up ro 535.00 and your purchose and balance transfer APRs For new transactia:s may be increased vp ro the Penahy APR of 24.99% varioble. Manage Your Account Online at www.Discover.com Securely access statemenh and Free online tools, pay bills online and track and view all transactions simply and easily Make your money worth maser-find easy ways to cam and redeem cash rowards NEWT Access your xcounF securely through your mobile phone 3 Ea W to C elect Us CQS (BOnUSe sy ays o 1 Aeesss your aeeounl securely d www.D'aeevercom Anniversary Month April 2. CaN 1-800•DISCOVER (1.804347-2683).. Pleoae haw your Dixowrecord ovoila Opening Cashback Bonus Balance 6 0,00 3. Writs to us at Discover PO Box 30943, Sant lake City, UT 841 §0 (Not a payment addnasl Nsw Cashback Bonus This Period + 0.00 For paymenla lease send ro address on reminanee or Cashback !onus Balance 6 0.00 Dixowr, PO Bgox 6103, Carol Steam, IL 60197 103 To learn more, bg in m vvnrw.Discovereom For TDD (Teleeommunieations Davin For the Deaf) please call 1-804347-7449 assistance , , Transactions Trans. Post Date Gale Payments and Caedis Nov 30 Nov 30 INTERNAL CHARGE-OFF 6 10,458.17 Fees TOTAL FEES FOR THIS PERIOD 6 0.00 Inhnst Charged TOTAL tt+FI1BZEST FOR THFS PERIOD S 0.00 2012 Totals YeaFto-Date 30089482 Minimum Payment Dus Account Number ending in 3939 $1,743.00 Enter Amount Enclosed Below Payment Due Dats ~ ~i~ December 25, 2012 TOTAL FEES CHARGED IN 2012 6 245.00 TOTAL INTEREST CHARGED IN 2012 1,752.34 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION D Paperless statements meon less clutter, more convenience Easily access up to 24 months of downloadable, password protected statements. • See your statement as soon as it's avoiloble rather than wait for it ro arrive in your mailbox. • Get helpful payment reminders through email or text messages on your mobile phone. • Print a paper copy of your statement anytime. • Sign up rodoy at Discovercorn/paperlsss 02010 Dixover Bank, Member FDIC PAPER.O710 N O Z m D o_ g 0 tD m A N X ut 30089482 QU@St10flS~ Visit www.Discov~r.com or p~sC~VER rnll t .~nn_nismvFQ r t .ann_~t4~_~~a~t DIJ~ ~~CD I~poysb JOHN W BANKS J ~ GI< DISCOVER Account number ending in 3939 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rata (APR) is the annual interest rate on your account. Cumnt tiling Period: 10 day: TYPE OF EALANCE ~ ~~PERCENTAGE MITST~ RSAU~ECT TO INTEREST CHARGE Purchases 19.99% V SO $0 Cash AdvarKSS 23.99% V $0 $0 V =Variable Rafe Additional 4nP~M Information Sse your Cardmarrrber Agreement. Your Cardmembsr Agreement contains all the terms of your Account. lost or stolen cards. Report immsdiahlyl CeY 1.800.347.2683. What To Do If You Think You find A Misloko On Your Slatarsseni If you chink (hero is an error on your statement, writ to us at: Discover, PO Box 30421 yak lake City, UT 84 1 30-042 1 In your leper, give us tM fdbwing information: Account information: Your name and «counf number Dollar amount: Ths ddlar amount of the suspected enor. Dsscri lion of Problem: If you think there is on error on your bill, describe what you believe is wrong and why you believe it cs a mrsta ce. You must contact us within 60 days after the error oppeared on your statement. You must notify us of any potential errors in wn~ti .You may call us, bvt iF you do we are not required to investigate any potential errors and you may have to pay the amount in queshon. Whits we invesfigots whether or not there has been an enor, the Folbwing on kue: We connof try to collect the amount in question, or report you as delinquent on that amount. The charge in question may romain on your statement, and ws may continue fo charge you inferost on that amount. But, iF we determine that we made a mistoks, you will reef haw to pay the amount in quesfwn or any interest or other fees related to that amount. Whiles you do not have to pay the amount in question, you ors responsible for the remainder of your balance. We care apply arty unpaid amount against your credit limit. Yow Riahf>s If You Are Diuat4stfied ~Ph Yovr Credit Card Purchaser If you are dissatisfied with the ggoods or services that you have purchased with your crodit card, and you haw triad in good Faith to coned the problem with the merchant, you may haw the right not to pay the remaining amount due on the purchase. To use this right, all of the folkawing must be hue: 1 The purchosa must have been mods in your home state or within 100 miles of your current mailing address, and the purchase price must haw been moro than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you , or if ws own the company that sold you the goods or services.) 2. You must how used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card occount do not qualify. 3. You must not yet haw fuNy paid for the purchase. If all of the cribria oboes are met and you are still dissatisfied with the pwchase, coot«- us in writing at: Discover, PO Box 30945, Sah Lake Ciy, UT 8 4 1 30-0945 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigafbn, ws will felt you our dscisron. At that point, if ws think you owe an amount and you do not pay we may report you as delinquent. Poymand. You may ppaay aA or part of your Account baance of any time. However, you must pay of least the Minimum Poymer~ Due by the Payment Dve Date. Send only your payment and the top portion of this statement in the envebpe provrdsd. Do rat send cash. By sending your check as described above, y«, authorize us to use information on your check to make an ekaetronie fund transfer from your account at the financial tnsfihltion indicated on your cheek a to pr«ess the payment as a check tronsaeHon. If payment is pr«essed as an ek~ctronie fund Mansfer, fhs hansFer will be far tho amount of the check. When we use information From your check to make an eksehonie Fund transfer funds may bs withdrawn from your «eount as soon as Ihs same day ws receive your payment, and you wiN not receive your cheek b«k from your Anancial institution. The pr«essing of your payment may fie dabyed iF you send cash, conespondencs or other items with yyour payment, if you send fhs payment to anyy ether address a if you use an envebps other than the ores provided. Paymenh received m proper Form of our pr«essing Faeilihr b SPM kxal lima on arty day will be crodifsd b year Account as of that day. Paymenh rxsived at our pr«essmg faeJi~y aFter SPM I«al time wrll bs credited to your Aeeounf as of the next day. IF you have mispkxed your envsk~pe, send your payment to Discover, PO Box 6103 Carol Stream, IL 60197.6103. Please allow 7.10 days for delivery. IF your payment is retained unpaid, we reserve the rig(it to resubmit it as an slschonic debit. 30089482 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DI~ You can pay our monthly Minimum Payment Dus, or a greater amount that doss not exceed your current Account balance, over the h one or you can setup autanafic payments through a customer service ropresantahw by calling 1-800.347- 683. Automatic paymsrrts will bs deluded on the Payment Due Doh unless you request a reeumng payment date (e. .the 15th day of the month) ihd occurs bsfaro your Payment Due Dah. IF your xhedubd payment date FaAs on a weekend a bark hd' ay, your payment will be processed the business day for io Brs weekend or honk hdiday. In order to schedule monthly payments telephone you wtU need this statement and~your bank account information. You will be asked to provide the last Four (d~digi of the socid sseunfy number of the primary borrower. By providing those numbers as your electronic signature, you will bs agreeing to this oulhorizotion to albw us and your bank to deduct each payment you authorize, in the amount selected by you, (ran your bank account. You also aufhonzs us to initiate debit or credit ontriss to your bank account, as applicable, to correct an error in the processing of such payment. You can cancel a xheduled payment by phone at 1.800.347-2683 a by mail of Dixover, PO Box 30421 Soh lake City, UT 84130A421, however we must receive notiu al least three business days in advance of rtes xheduled payment. tf your paymsnh may vary in anounf, we will tell you on each monthly billing slalemenf when your payment wiB be mays and law much it will be. You must ensure that sufficient funds are available in your bank account, and all hansadions must comply with U.S. law. You can set automatic payments for• (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Dw plus a fixed dollar amount, or (iv) a fixed dollar amount. IF your xheduk:d fixed payment is not enouggh to cover the Minimum ayment Due as listed on your monthly bilkng statement, your xheduled payment for that month wiA 6s increased to cover the Minimum Payment Dw. If the scheduled payment is greeter than the Minimum Payment Dus, any excess will be appplied in accordance with your Cardmember Agreement. If your xhedulsd payment is greater than the New Balance on your billin statement, that payment wiN ba eased onl for rtes amount of your New Balance. Your automatic payment amount maybe less Than the amount indi on rtes periodic statement based on credits or payments offer tlrs Closing Date. If you enroll by phone in our automatic payment service, please Fill-in the following blanks below and retain the authorizafion for your records. Amounts ^ Full Pay ^ Min Pay ^ Min Pay + S ^ Fixed Pays Bank Roofing #: ,Bank Account #: .Frequency: Credit Reporting. We may report information about your Account to credit bureaus. late payments, missed paymenh, or other dsFauMs on your Account may bs reflected in your credit report. We normdly report tIw status and payment history of your Account to credit reporting ogencrss each month. IF believe That our report is inaccurate a incomplete, please write us at the folowing address: Dixover, PO Box 15316, dmington, DE 19850.5316. Please indicate your name, address, home telephone number and Account number Payx~g Yrteresk We begin to impose interest charges on a hansadion, Fee or interest charge from the day we add it to the da`ly balance. Wo continue to impose interosf charges until you pay the total amount you ovw us. You can avoid paying interest on Purchases as described bebw. However. you cannot avoid paying interest on Balance Transfers a Cash Advances. How to Avoid Payin_ Interest on Purchases ("Grace Period" EF you-the eve o once on yaw previous 6il~ng statement by the Payment Due Dais shown ar that billing statement, we will not impose interost charges on new Purchases or any portion of a new Purchase, paid by rtes Poymerd Due Date on your current billing statement. New Purchases aro Pure)tases that first appear on the currortf billing statemeN. How We ApEly Poymsnh Mo Im act Your Grace Period iF you do not paY your eve a once m~ m~sn, depending on the balance to which ws apPIY Yar PoYr^e^t• you may not get a grace period on new Purchases. How We Cakulah Interest C4rarges Defy balartea Abthod ('itelud'ng cumnt trvrsactiens): We cakulate interest charges each billing period by first Figuring the "daily baance" For each Transaction Category. Transaction Cateeggoorries include standard Purchases, standard Cash Advances and difFerent promotional bdanees, such as Baance Transfers. How We Figure dre Daly Balance For Each Transaction Category We start with the beginning balance For each day. The inning baksnce for the first day of the billing period is your balance on the test day of your previous billing peri We add any interest charges accrued on the previous day's daily balance aid any new tronsodions and fees. We add any new transactions a fees as of rtes later of the Transadion Date a the first day of the billing period in which the transaction a fee posted to your Account. We subhact any new credits and payments. We make other adjustments (including those adjustments required in the "Paying Interest" section). How W~ Figuro Your Tole) Interest Charges We mukiply the daily balance for each Transaction Category by ih daily rc rate. We do this for each day in the bitling ppeeriod. This giros us the interoat charges for each Transaction deeorY. To get a daily periodic rote, we divide tiro APR that applies to rtes Tronsacfion Category by 365. We add up all the daily interest charges. The sum is the total interest charge for rtes billing period. How W~ include Fses We aid Baance Transfer Fess to the applicable Bdancs Transfer Tronsadion We add Cosh Advance Fees fo the applicable Cash Advance Transaction Category. We add all other standard Purchase Transaction Category. balarres Subject b rNerest Rah. Your statement shows a Balance Subject to Infsreat Rah. It shows this for each transaction category. The Balorx:e Subject to Inhrost Rate is the average of the doily balances during the billing period. Crodi Balarras. IF your Account has o credit balance, the amount is shown on the frail of your billing statement. A credit bakxxe is money that is owed to you. You may make charges against this amount if your Account is open. We will send you a refund of any remamng balance of 61.00 or moro after 6 months, or as otherwise required by applicable low. Ft~JQQQe~apammicotiars Owiee For Are DeaQ assistance, please eaN 1-800.347.7449. Dixover may mLLonitor and/or record telephone cats bslween you and Dixovsr representatives for quality assurance purposes. The Dixowrmcard is issued by Dixover Bank, Member FDIC RZNFE001 QUAStlOnS~ Visit www.Disoovar.can or p~SC~V,Ea, ,.,,u ~ _ann_nls~nvFQ t 1 .anrt~~~_~aa~1 VERIFICATION Yl ~ d V` lam` 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 ! °1 ~ iZC.IiQ-Q (Signature) JOHN W BANKS XXXXXXXXXXXX3939 DB Servicing Corporation serving affiliate for Discover Bank PO Box 3025 New Albany, OH 43054 WWR# 30089482 C A Pit SJS SHERIFF'S OFFICE OF CUMBERLAND Co TY Ronny TA RAnderson -rILEO-OFFI� RY Sheri 1: TT44 FROTHONO ��,tr of � ^ Jody S Smith [Oi3 AFR i 5 AM Chief Deputy Richard W Stewart CUMBE L LVAO A T`( Solicitor OFFICE OF THE SHERIFF FEN Discover Bank Case Number vs. John W Banks 2013-581 SHERIFF'S RETURN OF SERVICE 04/03/2013 Ronny R Anderson, Sheriff, being duty swum according to law,states he made diligent search and inquiry for the within named Defendant to wit: John W Banks, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Amended Complaint in Civil Action&Notice as"Not Found"at 8 S. 16th Street, Camp Hill Borough, Camp Hill,PA 17011. Deputies were advised by the current resident, Natalia Hazelwod that she has resided at this address since June 2012 but does occasionally receives mail for the defendant.The Camp Hill Postmaster confirms that mail is still delivered for the defendant to the address provided. SHERIFF COST: $48.46 SO ANSWERS, 0 .It� April 09, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft.Inc. 0"- -f-111-0-OFFICE PR0TH0, o! 2013 HA y 13 Ati 11: 26 WELTMAN,WEINBERG&REIS CO.,L.P.A. CUMBERLAND COUNTY BY: William T. Molczan Attorney for Plaintil NN S YLVANIA I.D.No.47437 436 Seventh Avenue, 1400 Koppers Bldg Pittsburgh,PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File# 30089482 DISCOVER BANK,THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION CUMBERLAND County Court of Common Pleas VS. No.: 2013-00581 JOHN W BANKS PRAECII'E TO DISMISS WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice to refile. WELTMAN, WEINBERG& REIS CO.,L.P.A. B Y William T. Molc n Attorney for Plaintiff