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Home My WebLink About13-5580 Supreme Cogyt.qfPennsylvania WWR# 30107582 C A Pit SJS Court`of Common*Tleas Ovll Cover Sheet For Use Only: C UMBERLAND r <3 County Docket No: . �� - 5580 �lui�TL The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by lays or rules of court. Commencement of Action: S 1$ Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Declaration of Takin C DISCOVER BANK Lead Plaintiff s Name: Lead Defendant's Name: T TRAVIS M PETERS I 0 Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ❑ within arbitration limits N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? 13 Yes 13 No Is this an MDJ Appeal? 13 Yes 8 No Name of Plaintiff /Appellant's Attorney: William T. Molczan,47437 ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Protection Administrative Agencies ❑ Malicious Prosecution P Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E [3 Product Liability (does not include [3 Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: I O 13 Other: N MASS TORT ❑ Asbestos B ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - DES ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Tort — Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Toxic Waste ❑ Ground Rent ❑ Mandamus ❑ Other: ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Retraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Waranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 1tit oo - =.7) . - 0 � Cl! N , C � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 5s8�, 0, vs. COMPLAINT IN CIVIL ACTION TRAVIS M PETERS Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412- 338 -7130 30107582 C A Pit SJS 4 103.75 P p AT cf 11A48u V' x459 76 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No TRAVIS M PETERS 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 19 BRIAN DR CARLISLE, PA 17015 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5439. 6. Defendant made use of said credit card and has a current balance due of $11427.10. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11 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, TRAVIS M PETERS, INDIVIDUALLY, in the amount of $11427.10 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. William T. Mo czF400 ,47437 WELTMAN, WEINBER & REIS CO., L.P.A. 436 7th Ave Ste Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412- 338 -7130 WWR# 30107582 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 Discover More Card Account number ending in 5439 Open Date: Feb 3, 2013- Close Date: Mar 2, 2013 Cardmember Since 2002 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $11,267.63 $1 1:_ 427. 1 O Payments and Credits — $0.00 Minimum Payment Due * $665.00 Purchases + $0.00 Payment Due Date April 1, 2013 Balance Transfers + $0.00 * Includes past due amount of: $439.00 Cash Advances + $0.00 Fees Charged + $35.00 If we do not receive your minimum payment by the Interest Charged + $124.47 date listed above, you may have to pay a late fee of up to $35.00 and your New Balance $11,427.10 purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 16.99% variable. See Interest Charge Calculation section following the If you make only the minimum payment each Transactions section for detailed APR information period, you will pay more in interest and it will take you longer to pay off your Credit Line $11,100 balance. For example: Credit Line Available $0 Cash Advance Credit Line $4,600 Cash Advance Credit Line Available $0 1 Only the minimum payment 30 years $27,057 You may be able to avoid interest on Purchases. If you would like information about credit counseling services, call 1- 800 - 347 -1121. See reverse for details. REWARDS Contact Us Discover.com Cashback Bonus@ Anniversary Month 1- 800 - 347 -2683 August Opening Balance $ 0.00 See "Information For You" section for important information New Cashback Bonus This Period + $ 0.00 regarding Your Billing Rights. Redeemed This Period — $ 0.00 Please make check payable to Discover. You are overlimit. Pay the sum of the Minimum Payment Due plus the To learn more, log in at Discover.com remaining overlimit amount of $327.10. Make Check payable to Discover. Please fold on the perforation below, detach and return with your payment. Account number ending in 5439 Minimum Payment Due $665.00 "IIIIIIIII111'll'll" 111111 'lll'I'I'lllllll'll'lll'lllll "11111 New Balance $11,427.10 April 1, 2013 TRAVIS M PETERS I s 19 BRIAN DR CARLISLE PA 17015 -4326 PO BOX 71 084 CHARLOTTE NC 28272 -1084 30102582d Internet payments must be received by 5PM ET to be credited as of the same day. ' I"" I"' IIIIIII( II" IIII( IIIlilllll "IIII'll'llllllllllllllllll Note changes on reverse side. 000001986458110785355114271000143060066500 EXHIBIT TRAVIS M PETERS Account number ending in 5439 Open Date: Feb 3 2013 - Close Date: Mar 2 2013 Page 2 of 4 Important Information You must ensure that sufficient funds are available in your bank account, and See your Cardmember Agreement. Your Cardmember Agreement contains all transactions must comply with U.S. law. all the terms of your Account. Lost or stolen cards. Report immediately) Call 1- 800 - 347 -2683. You can set automatic payments for: (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed What To Do If You Think You Find A Mistake On Your Statement dollar amount, or (iv) Other dollar amount. If your scheduled "Other dollar If you think there is an error on your statement, write to us at: Discover, PO amount' payment is not enough to cover the Minimum Payment Due as listed Box 30421, Salt Lake City, UT 84130 -0421. You must write to us within 60 on your monthly billing statement, your scheduled payment for that month days after the error appeared on your statement. You may call us, but if you will be increased to cover the Minimum Payment Due. If the scheduled do we are not required to investigate any potential errors, and you may have payment is greater than the Minimum Payment Due, any excess will be to pay the amount in question. The Billing Rights Notice further explains your applied in accordance with your Cardmember Agreement. If your scheduled rights. Please see your Cardmember Agreement or visil payment is greater than the New Balance on your billing statement, that htlps: / /discover.com /billing rights for a copy of this notice. payment will be processed only for the amount of your New Balance. Your automatic payment amount may be less than the amount indicated on the Payments. You may pay all or part of your Account balance at any time. billing statement based on credits or payments after the Close Date. However, you must pay at least the Minimum Payment Due by the Payment Due Date. Send only your payment and the bottom portion of this statement If you enroll by phone in our automatic payment service, please fill -in the in the envelope provided. Do not send cash. If you pay by check, you following blanks below and retain the authorization for your records. authorize us to use information on your check to make an electronic fund Amount: ❑ Full Pay ❑Min Pay ❑Min Pay+ $ transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If a payment is processed ❑ Other Amount$ ; Bank Routing #: as an electronic fund transfer, the transfer will be for the amount of the Bank Account # check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the some Monthly on the ❑ Payment Due Date ❑ Close Date day we receive your payment, and you will not receive your check back from ❑ Day of month (insert date) your financial institution. The processing of your payment may be delayed if you send cash, Credit Reporting. We may report information about your Account to credit correspondence or other items with your payment, if you send the payment to bureaus. Late payments, missed payments, or other defaults on your Account any other address or if you use an envelope other than the one provided, may be reflected in your credit report. We normally report the status and Payments received in proper form at our processing facility by 5PM local time payment history of your Account to credit reporting agencies each month. If on any day will be credited to your Account as of that day. Payments received you believe that our report is inaccurate or incomplete, please write us at the at our processing facility after 5PM local time will be credited to your Account following address: Discover, PO Box 15316, Wilmington, DE 19850-5316. as of the next day. If you have misplaced your envelope, send your payment Please include your name, address, home telephone number and Account to Discover, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7.10 number. days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. Payments made online or by phone will be Paying Interest. Your due date is at least 25 days after the close of each credited as of the day of receipt if mode by 5 PM Eastern time. billing period (at least 23 days for billing periods that begin in February). We will not charge you any interest on Purchases if you pay your entire balance You can pay your monthly Minimum Payment Due, or a greater amount that by the due date each month. We will begin charging interest on Cash does not exceed your current Account balance, over the telephone or you can Advances and Balance Transfers as of the later of the Transaction Date or the setup automatic payments through a customer service rerresentative by first day of the billing period in which the transaction posted to your Account. calling 1- 800 - 347 -2683. Automatic payments for the billing period shown on your statement will be deducted on the Payment Due Date shown on that How We Calculate Interest Charges. We Use the Daily Balance Method statement, or the next automatic payment date referred to on your statement, (including current transactions) to calculate the Balance Subject to Interest unless you request a recurring payment date (e.g., the 15 day of the month) Rate. For more information, please call us at 1- 800 - 347 -2683. that occurs before your Payment Due Date or Close Date. If your scheduled payment date falls on a weekend or bank holiday, your payment will be Balance Subject to Interest Rate. Your statement shows a Balance Subject processed the business day prior to the weekend or bank holiday. In order to to Interest Rate. It shows this for each transaction category. The Balance schedule monthly payments by telephone, you will need this statement and Subject to Interest Rate is the average of the daily balances during the billing your bank account information. You will be asked to provide the last four (4) period. digits of the social security number of the primary borrower. By providing those numbers as your electronic signature, you will be agreeing to this Credit Balances. If your Account has a credit balance, the amount is shown authorization to allow us and your bank to deduct each payment you on the front of your billing statement. A credit balance is money that is owed authorize, in the amount selected by you, from your bank account. You also to you. You may make charges against this amount if your Account is open. authorize us to initiate debit or credit entries to your bank account, as We will send you a refund of any remaining balance of $1.00 or more after applicable, to correct an error in the processing of such payment. You can 6 months, or as otherwise required by applicable law, or upon request made cancel a scheduled payment by phone at 1- 800 - 347 -2683 or by mail at to the address in the Contact Us section on page 3 of your billing statement. Discover, PO Box 30421, Salt Lake City, UT 84130-0421; however, we must Discover may monitor and /or record telephone calls between you and receive notice at least three business days in advance of the scheduled Discover representatives for quality assurance purposes. payment. If your payments may vary in amount, we will tell you on each monthly billing statement when your payment will be made and how much it The Discover@ cord is issued by Discover Bank, Member FDIC. TL23N will be. CHANGE OF ADDRESS If correct on front, do not use. Please print clearly in blue or black ink, in the space provided. Street Address Home Phone Work Phone City Email 30 1 1b i 1982 To make changes to your address, email or telephone number, visit Discover.com Continued on next page DISCOVER Discover More Card Account number ending in 5439 Open Date: Feb 3, 2013 - Close Date: Mar 2, 2013 Page 3 of 4 CONTACT US Web Mobile Phone Inquiry Mail Payments Access your Manage your 1- 800 - DISCOVER Discover Discover account securely account anytime, (1- 800 - 347 -2683) PO Box 30943 PO Box 6103 at Discover.com anywhere at TDD 1- 800 - 347 -7449 Salt Lake City Carol Stream m.Discover.com UT 84130 IL 60197 -6103 Trans. Date Post Date Mar 1 Mar 1 LATE FEE $ 35.00 35.00 INTEREST CHARGE ON PURCHASES $ 124.47 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 124.47 $ 35.00 $ 356.16 Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 28 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE 11.99% V $752.72 $6.91 14.49% V $10,574.81 $117.56 20.99% $0.00 $0.00 V= Variable Rate Your Billing Rights: Keep This Document For Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do If You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover,PO Box 30421,Sali Lake City, UT 84130 -0421. In your letter, give us the following information: Account information Your name and account number. Dollar amount The dollar amount of the suspected error. Description 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 mistake. You must contact us: Within 60 days after the error appeared on your statement. At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. 3U �g� not have to pay the amount in question, you are responsible for the remainder of your balance. e can apply any unpaid amount against your credit limit. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION TRAVIS M PETERS Account number ending in 5439 Open Date: Feb 3 2013 - Close Date: Mar 2 2013 Page 4 of 4 After we finish our investigation, one of two things will happen: If we made a mistake You will not have to pay the amount in question or any interest or other fees related to that amount. If we do not believe there was a mistake You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover PO Box 30945 Salt Lake City, UT 84130 -0945 While we investigate, the some rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. 30107582 VERIFICATION (Name) (Tit of DB Servicing Corporation, servicing affiliate of 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 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 complaint. He /she verifies that he /she is 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 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 C��ti� �3 - &jA�XAA� 14Z! (Signature) DB Servicing Corporation servicing affiliate For Discover Bank SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff - HL E.D-U i=F 1,C:E Jody S Smith ��1t r rrr (-- -I fir. PR01H0[' C� ,.�n Chief Deputy z"` c013 00T —4 AM 10: 12 Richard W Stewart Solicitor OFFICE OF THE WERIFF MSEF,LAt40 C0U14Tl Y PEI4'dSYLVANIA Discover Bank vs. Case Number Travis M Peters 2013-5580 SHERIFF'S RETURN OF SERVICE 09/30/2013 02:08 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Vernny Peters, Father, who accepted as"Adult Person in Charge"for Travis M Peters at 19 Brian Drive, South Middleton, Carlisle, PA 17015. LAM CLINE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, L October 01, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,]nc. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Ashley L. Sweeney, Esquire Attorney for Plaintiff(s) GiJ ' ° 1 8 PH 2: I.D. No. 313667 r'` '13 .i_A D COU T;' 436 7th Ave Ste 1400 PENNSYLVANIA Pittsburgh, PA 15219 Phone: (412)434-7955 Fax: (412) 338-7130 File# 30107582 ASW/SJS DISCOVER BANK CUMBERLAND County Court of Common Pleas vs. No.: 13-5580 CIVIL TERM TRAVIS M PETERS PRAECIPE TO DISMISS WITH PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter with prejudice . WELTMAN, WEINBERG& REIS CO., L.P.A. Ashl; '. , e-'fy, E•.uire Attorney for ' .intif 11111111111 11111 IIII 11111111111 1111111111 11111 11111 IIIII IIII IIII