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HomeMy WebLinkAbout12-1881e =7? 'fONO T, Try f 2 K!, R 26 ' U j5Efx! ,'A ?ND COUNTY PE"N rSYLVAf4J a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs MARK S GOLDSTEIN Defendant ?1 c f No: CIVL 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 09536931 C A Pit SJS ?' a ?a?os 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 MARK S GOLDSTEIN 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, among other things, the collection of delinquent accounts, marketing, application approval, transaction approval, customer service, and billing. 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 210 LOUISA LN MECHANICSBURG, PA 17050 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5848 . 6. Defendant made use of said credit card and has a current balance due of $7498.03 , as of January 31, 2012 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. Plaintiff is entitled to the addition of interest at the rate of 18.990% per annum on the unpaid balance from January 31, 2012 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111". 9. 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, MARK S GOLDSTEIN INDIVIDUALLY , in the amount of $7498.03 with interest at the rate of 18.990% per annum from January 31, 2012 until date of judgment and costs. !,I/. William T. Molcz#,47437 WELTMAN, WEINBER & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 09536931 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 Balance Minimum Payment Due Account Number ending in 5848 $0.00 $1,472.00 Enter Amount Enclosed Below Payment Due Date $ C February 26, 2012 L 31SDSN6A010006VA MARK GOLDSTEIN 210 LOUISA LN MECHANICSBURG PA 17050-6879 Address, e-mail or telephone change; Go to www.Discavw.com or print change in space above. Access and manage your account at www.Discover.com or visit m.discover.com on your mobile phone. PO BOX 6103 Illrrrll"rrrll"rrllrllrrl CAROL STREAM IL 60197-6103 Irllnllnnnlllrlnlnrlrllnurl?llnnrllrllumllniull 000001986623654630693000000000000000147200 Opening Date: January 12, 2012 - Closing Date: Jan& Discover More Card Account Summary Account number ending in 5848 Previous Balance $7,498.03 Payments And Credits 7,498.03 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 + Interest Charged 0.00 _ New Bulcnce - $0.00 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $6,500.00 Credit Line Available $0.00 Cash Advance Credit Line $700.00 Cash Advance Credit Line Available $0.00 Cashback Bonus! Anniversary Month June Opening Cashback Bonus Balance $ 0.00 New Cashbock Bonus This Period + 0.00 Coshbock bonus balance $ 0.00 To learn more, log in at www.Diuover.com wry 31, 2012 page 1 of 2 Payment Information New Balance $0.00 Minimum Payment Due $1,472.00 Payment Due Date February 26, 2012 Late Payment Warning: If 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 transfer APRs for new transactions may be increased up to the Penalty APR of 23.99% variable. Manage Your Account Online at www.Discover.com • Securely access statements and free online tools, pay bills online and track and view all transactions simply and easily • Make your money worth moreSM -find easy ways to earn and redeem cash rewards • NEWI Access your account securely through your mobile phone 3 Easy Ways to Contact Us I Access your account securely at www.Discover.com 2. Call 1-800-DISCOVER (1.800-347-2683) Please have your Discover® card available. 3. Write to us of Discover, PO Box 30943, Sall Lake City, UT 84130 (Not a payment address) For payments,?ppIease send to address on remittance or Discover. PO Box 6103, Carol Stream, IL 60197.6103 For TDD {Telecommunications Device for the Deal) assistance, please call 1-800.347-7449. Transactions Trans. Post Data Date Payments and Credits Jan 31 Jan 31 INTERNAL CHARGE-OFF $ -7,498.03 Fees TOTAL FMS FOR THIS PERIOD $ 0.00 interest charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2012 Totals Year-to-Date TOTAL FEES CHARGED IN 2012 $ 35.00 TOTAL INTEREST CHARGED IN 2012 11937 9536931 EXHI??? NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloodable, password protected statements. • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through e-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. • Sign up today at Discovercom/paperkss 02010 Discover Bank, Memba FDIC PAPER.0310 CO CO Z m D o_ 0 0 0 m 0 m A N X 9536931 Questions? Visit www.D'iscover.com or DISCOVER call 1-800-DISCOVER (1-800-347.2683). t number en DISCOVER ItPoys ro MARKGOLDSTEIN Account number ending in 5848 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Baling Period: 20 days TYPE OF BALANCE ANNUAL w CENTAGE BALANCE SUBJECT TO INTEREST CHARGE INTEREST RATE Purchases 18.99% V $0 $0 Cosh Advowes 23.99% V $0 $0 V = Variable Rate Addii " fmportant Fnfamation See your Cardmernber Agreernerd. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cords. Report immediatelyl Call 14MO-347-2683. What To Do K You Think You Fard A Mistake On Your Statement If you think there is an error on your statement, write to us at Discover, PO Box 30421 Salt 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 Descri tion 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 ce. You must contact us within 60 days after the error appeared on your statement. 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. While we investigate whether or not there 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. The charge in n may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that woe made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit lima. Your Riahts N 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 stale 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. You may pay u must pay at least the Minimum by the Payment of this statement in the errvebpe ,P;nst.. Do not send ch. Buthorize us to use information on your check ind hndicated on your check or to process the as ck nsfer, the transfer will be for the amount of ck. n we use inftransfer funds may be withdrawn from your t soon as the same day we receive your payment, and you will not receive your check back from your financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment to anyy other address or iF you use an envelope other than the one provided. Payments received m proper form at our processing Igcility by 5PM focal time on airy day wig be credited to your Account as of that day. Payments received at our processing facrliiy after 5PM lxal time will Lyle credited to r Account as of the next day IF you have misplaced ur envelope, send your payment to Discover, PO Box 6103 Carol Sfream, IL 60197-6103. Please allow 7.10 days for delivery. IF your payment rs returned unpaid, we reserve the rig?t to resubmit it as an elechonic debit. 9536931 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER You can pay r monthly Minimum Payment Due, or a greater amount that does not exceed your current Account balance, _presentative by calling over the tell ne or you can setup automatic payments through a customer service re 1-800-3A7-2683. Automatic payments will be deducted on the Payment Due Date unless you request a recurring ayment date (e.3. the 15th day of the month) that occurs before your Payment Due Date. If your scheduled payment dale on a weekenor bank holiday, your payment will be processed the business dayprior to the weekend or bank holiday. In order to schedule monthly paymenh you will need this statement and your bank account information. You will be asked to provide the last four (4?digi of the social security number of the primary borrower. By providing those numbers as your elecfronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each paymerd you authorize, in the amount selected by you, from your bank account. You also authorize us to initiate debit or credit entries to your bank account, as apdncable, I correct an error in the processing of such payment. You can cancel a scheduled payment by phone at 1-864347-2683 or by mail at Discover, PO Box 30421 Sall Lake City, UT 841300421, however we must receive notice at least three business days in advance of the scheduled payment. If your payments may varyin amount, we will tell you on each monthly biding statement when your payment wig be made and how much it will be. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. You can set automatiixed c payments for- (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due ?Ius o f dollar amount, or (iv) a fixed dollar amount. If your scheduled fixed payment is not enough to cover the Minimum Payment Due as listed on your monthly biding statement, your scheduled payment for that month wig increased to cover the Minimum Payment Due. If the scheduled payment is greater than the Minimum Payment Due, any excess will be applied in accordance with your Cardmember Agreement. It your scheduled payment is greater than the New Balance on your billing statement, that payment will be processed only for the amount of your New Balance. Your automatic ppaayment amount may be less than the amount indicated on the periodic statement based on credits or payments after the Closing Date. If you enroll 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 Pays Bank Routing #: Bank Account #: , Frequency: Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other alefaulls on your Account may be reflected in your credit report. We normally report Thre status and payment history of your Account to credit reporting agencies each month. IF u believe that our report is inaccurate or incomplete, please write us at the Following address: Discover, PO Box 15316, ilmington, DE 19850-5316. Please indicate your name, address, home telephone number and Account number. P Merest: We begin to impose interest charges on a transaction, fee or interest charge from the day we add it to the daily balance. We continue to impose interest charges until you pay the total amount you owe us. You can avoid paying interest on Purchases as described below. However. you cannot avoid paying interest on Balance Transfers or Cash Advances. How to Avoid Paying Interest on Purchases ("Grace Period"] you pat the ew a rice on your previous rig statement by the Payment Due Dote shown on that billing statement, we will not impose interest charges on new Purchases or any portion of a new Purchase, paid by the Payment Due Dde on your current bitting statement. New Purchases are Purc?rases Mot first appear on the current biding statement. How We Apply Payments May Im Your Grace Period you not pay your New a once in month, then, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. How We Calculate Interest Cbwges Daily Balance Me" (including current transectims): We calculate interest charges each billing period by first figuring the "daily balance' for each Transaction Category. Transaction Caa}teeqq?rias include standard Purchases, standard Cash Advances and different promotional balances, such as Balance Transfers. How We figure dw Dah balance for Each Transac 'Category • We start with the beginning balance for each day. The beginning balance For the first day of the billing period is your balance on the last day of your previous billing period We add any interest charges accrued on the previous daps daily balance and any new transactions and fees. We add any new tr ansactions or fees as of the later of the Transaction Date or the first day of the billing period in which the transaction or fee pasted to your Account. We subtract any new credits and payments. We make other adjustments (including those adjustments required in the "Paying Interest" section). Flew We Figure Your Total Merest Charges • We multiply the alai)y balance for each Transaction Category by its daily periodic rate. We do this for each day in the billing period. This gives us the interest charges for each Transaction Category. To get a daily periodic rate, we divide the APR that applies to the Transaction Category by 365. We add up all the daily interest charges. The sum is the total interest charge for the billing period. Flew We Include Fees We add Bolonce Transfer Fees to the applicable Balance Transfer Transaction egor? We add Cash Advance Fees to the applicable Cash Advance Transaction Category. We add all otherCf es to the standard Purchase Transaction Category. Balance Subject to Meru Rate. Your statement shows a Balance Subjed to Interest Rote. It shows this for each transaction category. The Balance Subject to Interest Rate is the average of the daily balances during the billing period. Credit Balances. If your Account has a credit balance, the amount is shown on the Front of your billing statement. A credit balance 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 remaining balance of $1.00 m more after 6 months, or as otherwise required by applicable low. For TDD (felecorrwnunications Device for the Deaf) assistance, please cad 1-800-347-7449. Da9ebv?r9a 4lnontor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discoverocard is issued by Discover Bank, Member FDIC RZNFE001 Questions? Visit www.Discover.com or call 1.800-DISCOVER (1-800-347-2683) DISCWVr.K VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that she is Natasha Szczygiel. Legal Placement Account Manager (Name) (Title) of DB Servicing Corporation successor to DFS Services LLC servicing agent for Discover Bank, (Company) plaintiff herein, that she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. WWR# 9536931 Mark S. Goldstein 6011208979135848 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Discover Bank, Through ITS Servicing Agent, DB Servicing Corporation Plaintiff V. No. 2012-1881 Civil Mark S Goldstein Defendant Notice to Plead -- To: Discover Bank You are hereby noted to file a written response to the enclosed Answer and New Matter within twenty ( days from service hereof or a judgment maybe e?yf otp?t--jam Answer and New Matter Defendant, Mark Goldstein, answers the Complaint filed in this action as follows: 1. Defendant admits everything is true. 2. Defendant admits everything is true. 3. Defendant admits everything is true. 4. Defendant admits everything is true. 5. Defendant admits everything is true. 6. Defendant admits everything is true. 7. Defendant admits everything is true. 8. Defendant admits everything is true. 9. Defendant admits everything is true. WHEREFORE, Defendant, Mark Goldstein, requests this Court to enter a judgment in his favor and against Discover Bank. Answer and New Matter Page 1 of 2 New Matter Verification I verify that the facts stated in this Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements in this Motion are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: Answer and New Matter Page 2 of 2 Mechanicsburg, PA 17050 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor C?Fj {a 4 APR I I Pis 2: 11 ?y? 1 q'ip1 Discover Bank vs. Mark S. Goldstein Case Number 2012-1881 SHERIFF'S RETURN OF SERVICE 04/02/2012 07:07 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 2, 2012 at 1907 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mark S. Goldstein, by making known unto himself personally, at 210 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.00 April 04, 2012 RONALD HOOVER, EPUTY SO ANSWERS, RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV9?NI - -? CIVIL DIVISION , as - d!e ? {? t 'M I Y CDC) o DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION, Plaintiff, Case No.: 2012-1881 Civil vs. MARK S. GOLDSTEIN, Defendant. MOTION FOR JUDGMENT ON THE PLEADINGS FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Sarah E. Ehasz, Esquire PA I.D. #86469 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 9536931 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION, Plaintiff, Case No.: 2012-1881 Civil vs. MARK S. GOLDSTEIN, Defendant. MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Motion for Judgment on the Pleadings and respectfully moves this Court pursuant to Pennsylvania Rule of Civil Procedure 1034 for judgment on the pleadings. In support thereof, Plaintiff avers as follows: 1. This action arises out of the accumulation of credit card debt by Defendant. 2. Plaintiff filed a Complaint against Defendant seeking judgment in the amount of $7,498.03 with additional interest at the rate of 18.99% per annum from January 31, 2012, and costs. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 3. Attached to the Complaint was Verification from an authorized representative of Plaintiff verifying the accuracy of the amount sought. See Exhibit "A". 4. Defendant Pro Se filed an Answer in response to the Complaint, admitting all of the material facts pled in the Complaint. A true and correct copy of Defendant's answer is attached hereto as Exhibit "B" and made a part hereof. WWR No. 9536931 5. Under Pennsylvania Rule of Civil Procedure 1029(b), the averments of the pleading to which a response is required are deemed admitted when not denied specifically. 6. Defendant's answer contained no meritorious defenses asserted through New Matter. 7. Under Pennsylvania Rule of Civil Procedure 1032(a), "a party waives all defenses and objections which are not presented either by preliminary objection, answer or reply..." 8. The pleadings are closed and time exists to dispose of this Motion before trial. 9. No genuine issue of material fact exists as to Plaintiff's claim. 10. Plaintiff is entitled to judgment in its favor as a matter of law on the amount sought in the Complaint. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order directing judgment on the pleadings in favor of Plaintiff and against Defendant, Mark S. Goldstein, in the amount of $7,498.03 with additional interest at the rate of 18.99% per annum from January 31, 2012, plus attorneys' fees, and costs. Respectfully Submitted: 91--- Sarah E. Ehasz, EsquirLI/ PA I.D. #86469 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 9536931 lift WWR 0 09536931 C A Pit SJS For Pmllwm1arM Use On4,. County Docket No: S E C T I 0. N A The infor?nation collected on this form is used solely for court administration ptupose.s. This form does not supplement or replace the filing and service ofpleadings or other papers as required bi- lan, or rules of court. Commencement of Action: IX Complaint ? Writ of Summons ? Petition Transfer from Another Jurisdiction Declaration of Taking Discover Bank, Through Lead Plaintiffs Name: Its Servicing Agent, Lead Defendant's Name: DB Servicing Corporation MARK S GOLDSTEIN Are money damages requested? 63Yes ? No Dollar Amount Requested: ® within arbitration limits (check one) ? outside arbitration limits Is this a Class Action Suit? ? Yes 13 No Is this an MDJ Appeal? ? Yes W No William T. Molczan,47437 Name of Plaintiff /Appellant's Attorney: ? Check here if you have no attorney (area Self-Represented [Pro Sel 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. S: E C T T 0. N B TORT (do not include Mass Tort) D Intentional ? Malicious Prosecution ? Motor Vehicle ? Nuisance ? Premises Liability ? Product Liability (does not include Mass tort) ? Slander/Libel/Defamation ? Other: MASS TORT ? Asbestos ? Tobacco ? Toxic Tort - DES ? Toxic Tort - Implant ? Toxic Waste ? Other: PROFESSIONAL LIABILITY ? Dental ? Legal ? Medical ? Other Professional: CONTRACT (do not include Judgments) ? Buyer Protection W Debt Collection: Credit Card ? Debt Collection: Other ? Employment Dispute Discrimination ? Employment Dispute: Other ? Other: REAL PROPERTY ? Ejectment ? Eminent Domain/Condemnation ? Ground Rent ? Landlord/Tenant Dispute ? Mortgage Foreclosure: Residential ? Mortgage Foreclosure: Commercial ? Partition Quiet Title 13 EXHIBIT ? Other: CIVIL APPEALS Administrative Agencies ? Board of Assessment ? Board of Elections ? Dept. of Transportation ? Statutory Appeal: Other ? Zoning Board ? Other: MISCELLANEOUS ? Common Law/Statutory ? Declaratory Judgment ? Mandamus ? Non-Domestic Relations Retraining Order ? Quo Waranto ? Replevin ? Other: I I Updated 111/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff No: VS. MARK S GOLDSTEIN COMPLAINT IN CIVIL ACTION 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 09536931 C A Pit SJS 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 MARK S GOLDSTEIN 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, among other things, the collection of delinquent accounts, marketing, application approval, transaction approval, customer service, and billing. 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 210 LOUISA LN MECHANICSBURG, PA 17050 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5848 . 6. Defendant made use of said credit card and has a current balance due of $7498.03 , as of January 31, 2012 . 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. Plaintiff is entitled to the addition of interest at the rate of 18.990% per annum on the unpaid balance from January 31, 2012 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit ?,iu. 9. 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, MARK S GOLDSTEIN INDIVIDUALLY , in the amount of $7498.03 with interest at the rate of 18.990% per annum from January 31, 2012 until date of judgment and costs. William T. M01cx,47437 WELTMAN, WEINBER & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 09536931 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 Balance rm Payment Due Account Number ending in 5848 50.00 2.00 Enter Amount Enclosed Below Payment Due Date February 26, 2012 31 SnSNWI CDOW64 MARK GOLDSTEIN 210 LOUISA LN MECHANICSBURG PA 17050-6879 Access and manage your account at www.Discover.com or wsk m.&cover.com on your mobile phone. PO BOX 6103 111 11111111 CAROL STREAM IL 60197-6103 Address, e-mad ax telephone change9 ?r??n??ranrl«a?n?ua?r??unr????unr?lr?(unr??n?u?l Go to www.Disaynr.com or print change in space above. 000001986623654630693000000000000000147200 1 .... OcImina Date: January 12, 2012 - Closing Dote: January 31, 2012 page 1 of 2 Discover More Card Account Summary Account number ending in 5848 previous Balance $7,498.03 Payments And Credits 7,.498.03 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 R;W lance See Interest Charge Calculation section Following transactions for detailed APR Information Credit Line $6,500.00 Credit Una Available $0.00 Cash Advance Credit Line $700.00 Cash Advance Credit Line Available $0.00 Cas back Bonuse Anniversary Month June Opening Cash6ack Bonus Balance $ 0.00 New Cash6ock Bonus This Period + 0.00 Ceti b Bonus Balrace _ $ 0.00 To learn more, log in m wwur.Discmer.com Transactions Trans. Post Date Data Payments and Ged ft Jan 31 Jon 31 INTERNAL CHARGE-OFF $ -7,498.03 Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2012 Totals Year-to-Date TOTAL FEES CHARGED IN 2012 $ 35.00 TOTAL INTEREST CHARGED IN 2012 119.37 9536931 Payment Information New Balance $0.00 Minimum Payment Due $1,472.00 Payment Due Date February 26, 2012 Late Payment Warning: IF 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 transfer APRs For now transactions may be increased up to the Penalty APR of 23.99% variable. Manage Your Account Online at www.Discover.com - Securely access statements and free online tools, pay bills online and track and view all transactions simply and easily - Make your money worth moreSM -find easy ways to cam and redeem cash rewards • NEW Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1 Access your account securely at www.Discover.corn 2. Call 1-800 )ISCOVER 11-800.347-2683} Please have your Discovere card available. 3. Write to us at Discover PO Box 30943, Salt Lake City, UT 841 r30 (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Carol Stream, IL 60197-6103 For TDD (Telecommunications Device For the Deaf) assistance, please call 1.800-347.7449. EXHi?i? NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paperless statements mean less clutter, more convenience Easily access up to 24 months of dowoloodabie, password protected statements. • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through e-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. • Sign up today at Discovercom/paperless 02010 Discover Bank, Member FDIC PAPER.0310 co a 0) Z rn a g 0 ?N X 9536931 Q, ACMS? Visit www.Discover.com or DISCOVER call 1-800-DISCOVER (1-800.347.2683). number en number en DISCOWEK PC" MARK Account t GOLDSTEIN DISCOVER It ding in 5848 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 20 days TYPE OF BALANCE ANNUAL ? ??ERCENTAGE BALANC,TE SAUTE ECF TO INTEREST CHARGE Purcboses 18.99% V $0 $0 Cash Advances 23.99% V $0 $0 V - Variable Rate Additional koporfant Infortnotion See your Cardmern6or AgrosmenL Your Cardmember Agreement contains all the terms of your Account, Lost or stolen cards. Report immediatelyl Cah 14H*347-2683. 11Yhot To i!o If You Think You Find A Mistake On Your Statement IF you think Owe is an error on your statement, write to us at: Discover, PO Box 30421 Salt Lake City, UT 84130.0421 In your killer, ghro us the following information: • Account information: Your name and account number DbNar amount. The dollar amount of the suspected error 0- xipfion of Problem: If you think there is on error on your bill, describe what you believe is wrong and why you believe tt is a m ists -- You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential error in writs g. 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. While wree investigate whether or not there has been an error, the following are true: • We ?nnot try to collect the amount in question, or report you as delinquent on that amount. The charge in qguueestion mo remain on your statement, and we may continue to charge you interest on that amount. But, if we determine cwt we made a mistake, you will not have to pay the amount in question or any interest or other Fees related to that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Aphis if You Are Wisatisfsed With Your Credit Card Purchases IF you are d'usatlsfied with the goods or services that you have purchased with your credit card, and you have tried in good failh 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 stale or within 100 miles of your current mailing address, and the purchase price must have been more than $50, (Note: Wther 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 allof the criteria above are met and you are still dissatisfied with the purchase, contact us i ti at: Discover, PO Box 30945, Soh Lake CI yt , 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. Payrents. You may all or part of your Account balance at any time. However, you must pay at least the Minimum Payment Due by die payment Duo Date. Send only your payment and the top portion of this statement in the envelope provided. Do rot send cash. Byy sending your cfreck as described above you authorize us to use information on your check to make an slectrmic fund Iranster From your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund transfer the transfer will be for the amount of the 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 day we receive your payment, and you will not receive youi check back from your financial institution. The processing of your payment may be delayed IF you send cash, correspondence or other items with your payment, if you nerd the payment io arry other address or if you use an envelope other than the one provided. Payments received in proper form at our processing facilRy by 5PM local time on airy day will be credited to your Account as of that day. Payments received at our processing faclli after 5PM local time will credited to your Account as of the next day. If you have miffed yyoour em slope, send your payment to Discover, PO Box 6103 Carol Stream, IL 60197.6103. Please allow 7.10 days kx dctivory. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. 9536931 NOTICE: SEE REYERSE SIDE FOR IMPORTANT INFORMATION DISC VER You can monthly Minimum Payment Due, or a greater amount that does not exceed your current Account balance, over the or yyou can satyr automatic payments through a customer service representative by calling 1-80434F68 Apia isfic payments will be deducled on the Payment Due Date unless you request a recur pa??+ram dale (e. . the 151h doy of the month) Mint occurs before your Payment Due Dale. If your schedvled payment d?p ate F?Is on a weekend or bank holiday, your payment will be processed the business dayp riot to the weekend or bank halyay. In order to schedule monthly payments foils hone, you will need this statement and your bank account information. You wig be asked toprovide die last lour (4 digits of the social security number of the primary borrower. By providing those numbers as yohir electronics signature, you w II be agreeing to this authorization to agora us and your bank to deduct each payment you aul)iorize, in Mhe amount selected byy you, from your bank account. You also authorize us to initiate debit or credit entries to your bank account, as ncable, b correct an error in the processing of such payment. You can canceE a scheduled payment by phone at 17.2683 a by mail at Discover, PO Box 30421 Sale lake City, UT 84 i 30A421, however we mt>? retice at least three busiiwss days in advance of the scheduled payment. If your payments may vary in amount, ter you on each month) billing ataFemsnt when your payment will be made and how muEh it will be. Yau must ensure sus will Zr that sufflctent funds are available in your bank account, and df transacions must comply with U.S. law. You ccm set automatic paymenfs for- (1) statement New Balance, (it) statement Minimum Payment Due, 11111 statement Minimum Payment Due plus a fixed dollar amount, or (tv) a fixed dollar amount. If your scheduled fixed rient is note to cover the Minimum Payment Due as listed on your monthly billing statement, your scheduled payment For that month will increased to cover the Minimum Payment Due. If the scheduled payment is grooter than the Minimum Payment Due any excess will be isd In accordance with your Cordmember Agreement. If your scheduled payment Is greater than the New Balance an youi billing statement, that payment will be Processed only for the amount of your New Balance. Your automatic payment amount maybe less than the amount indicated on the periodic statement based on credits or payments after the Ctcsing Dale. If you enroll by phone in our automatic payment service, please fi&in the following blanks below and retain the mAhori7ation for your records. Amount: ? Full Pay ? Min Pay ? Min Pay + $ , ? Fixed Pay$ , Bank Routing #: Bank Account Frequency: C rer01 Reporh rill We may repot information about your Account to credit bureaus. late payrnenls, missed payments, or other deb on your Account maybe reflected in yoix arodit ropart. We rwrmally report the states and payment history of your Account b credit reporiin?g agencies each month. If u believe That our reppent is irwccurate or incomplete, please write us of the foibwing address: D+scover, PO Box 15316, ilmington, DE 1985Q5316. Please indicate your name, address, home tetephaha nvmbx and Account number. Payinglnhaest We begin to impose interest charges on a transaction fee or interest charge from the day we add if to the daft' balance. We continue to Impose interest charges until you pay the total amount you owe us. You can avoid paying interest on Purchases as described below. However, you cannot avoid paying interest on Balance Transfers or Cash Advances. How to Avoid Paving Interest on Purchases VC-face Period" 1 you paid the era Balance an your previous wiling statement by the Payment Due Dale shown an that billing statement, we will iwF impose udered charges on new Prxchases or any portion of a new Purchase, paid by the Payment Due Dale on your currant bilFrng statement. New Purchases or, Purc?-es that fief appear on the current billing statement. How We Acolv Payments May Impact Your Grace Period it you do pay your Now I'T-ante n full eat month, en, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. How We Cakalale Interest Charges Daily Balance Method (including current troisactionsli We calculate interest charges aoch billing period by first figrrring ths'daily balance" for each Transaction Cotegory. Transaction Cafegaies include standard Purchases, standardd Cash Advances and different promotional balances, avch as Balance Transfers. How We Fpm Ilse Daily Balance for Each Transaction Category • We start with the beginning balance for each day. The baglming balance for the first day of the billing period is your balance on the last day of your previous bilfing perioadi We add any interest charges accrued on the previous day's daily balance and any new transactions and fees. We add arty new hansocHons or fees as of the Inter of the Transaction Date or the first day of the billing period in which the Ironsoction or Fee posted to your Account. We subtract arty new credits and payments. We make other adjustments (including those adjustments required in the "Paying Interest" section). How We Ffvrre Your Total Interest Charges • We multiply the daily balance for each Transaction Category by its daily periodic rate. We do this for each day in the billing period. This gives us the Interest charges For each Transaction Category. To gat a daily periodic role, we divide the APR chat applies to the Transaction Category by 365. We add up all the daily interest charges. The sum Is the total interest charge for the billing period. Haw We Indite Frees We add Balance Transfer Fees to the applicable Balance Transfer Transaction category We add Cash Advance Fees to the applicable Cash Advance Transaction Category. We add oll other, fees fs the standard Purchase Transaction Category. Balance Subject to Interest Rate. Your statement shows a Balance Subject to Interest Rate. It shows this for each transaction category. The Balance Subject to interest Rate is the average of the daily balances during the billing period. Credit Balances. If your Account has a credit balance, the amount is shown on the front of your billing statement. A credit balance 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 remaining balance of S I. or more after 6 months, or as otherwise reqiired by applicable law. For TDD (falecommhmindiens Device for the Deaf) assistance, please call 1.800-347-7449. DrOM94tonitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discover0card is issued by Discover Bank, Member FDIC UNFEOOt Quesfions? Visit www.Discover.com or DISCOVER call 1.800-DISCOVER { 1-800-347.2683). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that she is Natasha Szczvgiel. Legal Placement Account Manager (Name) (Title) of DB Servicing Corporation successor to DFS Services LLC, servicing agent for Discover Bank, (Company). plaintiff herein, that she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. WWR# 9536931 Mark S. Goldstein 6011208979135848 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Discover Bank, Through ITS Servicing Agent, DB Servicing Corporation c M? Plaintiff V. No. 2012-1881 Civil, Mark S Goldstein Defendant = Notice to Plead To: Discover Bank You are hereby notified to file a written response to the n enclosed Answer and New Matter within twenty ( days from service hereof or a judgment maybe ? ? - - Answer and New Matter Defendant, Mark Goldstein, answers the Complaint filed in this action as follows: 1. Defendant admits everything is true. 2. Defendant admits everything is true. 3. Defendant admits everything is true. 4. Defendant admits everything is true. 5. Defendant admits everything is true. 6. Defendant admits everything is true. 7. Defendant admits everything is true. 8. Defendant admits everything is true. 9. Defendant admits everything is true. WHEREFORE, Defendant, Mark Goldstein, requests this Court to enter a judgment in his favor and against Discover Bank. EXHIBIT .may r- rL C. Answer and New Matter Page 1 of 2 New Matter Verification I verify that the fads stated in this Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements in this Motion are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. v/Y// z Date: Answer and New Matter Page 2 of 2 Mechanicsburg, PA 17050 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?owutti of ICuinbrrr??? F OFFICE OF THE SHERIFF ?G 12 APZ I I PH 2. 11 .,t MBERLAND PEA!NSYLV a Irk Discover Bank I Case Number vs. Mark S. Goldstein 2012-1881 SHERIFF'S RETURN OF SERVICE 04/02/2012 07:07 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 2, 2012 at 1907 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mark S. Goldstein, by making known unto himself personally, at 210 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.00 April 04, 2012 RONALD HOOVER, EPLITY SO ANSWERS, RON R ANDERSON, SHERIFF f,- Coumtysuae Snenft 7veo;.at. Inc. CERTIFICATE OF SERVICE A true and correct copy of Plaintiff's Motion for Judgment on the Pleadings and Brief in support thereof has been served by U.S. Mail, Postage Pre-Paid, on I--C%- day of 2012, upon the following: Mark S. Goldstein 210 Louisa Lane Mechanicsburg, Pa 17050 By: Sarah E. Ehasz, Esquire PA I.D. #86469 L".) WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 9536931 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION, Plaintiff, VS. MARK S. GOLDSTEIN, Defendant. AND NOW, to-wit, this day of , 2012, upon Plaintiff's Motion for Judgment on the Pleadings, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said Motion is GRANTED and Judgment is entered in favor of Plaintiff and against Defendant, Mark S. Goldstein, in the amount of $7,498.03 with additional interest at the rate of 18.99% per annum from January 31, 2012, plus attorneys' fees, and costs. BY THE COURT Case No.: 2012-1881 Civil ORDER OF COURT J. WWR No. 9536931 n0 PRAECIPE FOR LISTING CASE FOR ARGUMENT l? (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) `--) -------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE v (entire caption must be stated in full) :ZM MW M - Discover Bank, Through its Servicing Agent, DB Servicing Corporation vs. -0 Mark S. Goldstein 2012-1881 Civil No. Tim 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Motion for Judgment on the Pleadings 2. Identify all counsel who will argue cases: (a) for plaintiffs: Sarah E. Ehasz, Esq., 436 Seventh Ave., Suite 1400, Pittsburgh, PA 15219 (Name and Address) (b) for defendants: Mark S. Goldstein (pro se), 210 Louisa Lane, Mechanicsburg, PA 17050 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 13, 2012 19?7 1-2 Signature 99 o-i G r ??h C1 Print your name Plaintiff 5/14/2012 Attorney for Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. a 4 114 75 Pb V 4. If argument is continued new briefs must be filed with the COURT . ADMINISTRATOR (not the Prothonotary) after the case is relisted. ?asa?r8?9 ani 553; q?3 X61 DISCOVER BANK, THROUGH IN THE COURT OF COMMON PLEAS OF ITS SERVICING AGENT, DB CUMBERLAND COUNTY, PENNSYLVANIA SERVICING CORPORATION, Plaintiff CIVIL ACTION - LAW ca NO. 12-1881 CIVIL VS. MARK S. GOLDSTEIN, -?' r- ? Defendant A a Z IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADIN+@& -a BEFORE HESS. P.J., MASLAND AND PECK, J.J. ORDER AND NOW, this /8' day of July, 2012, the defendant having admitted the allegations of the complaint, the motion of the plaintiff for judgment on the pleadings is C f ri-r-- f- 1-t.. c? GRANTED and judgment is entered in favor of the plaintiff and against the defendant, Mark S. Goldstein, individually, in the amount of $7,498.03 with interest at the rate of 18.99 percent per annum from January 31, 2012, until the date hereof. Sarah E. Ehasz, Esquire For the Plaintiff V Mark E. Goldstein 210 Louisa Lane Mechanicsburg, PA 17050 BY THE COURT, • 't141 Kevin Hess, P. J. ?C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORAITON Plaintiff vs. Case No.: 2012-1881 CIVIL TYPE OF PLEADING PRAECIPE FOR JUDGMENT PER ORDER OF COURT MARK S GOLDSTEIN Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: n C ,v ~ ~j 'v3 ra --~ ~~ ~ ~~~ ~~ w ~ ~~ , ~~ o ~ ~ ~~ ~ _z ~~ to ~ ~~ 7 --i -G ,~- N ~=' .. William T Molczan, Esquire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. ] 400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR # 09536931 $8286.04 I (0.50 P1~ A`R~/ ~* aso 1 yy / J~~, ~(,~,i leG~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORAITON Plaintiff Case No.: 2012-1881 CIVIL vs. MARK S GOLDSTEIN Defendant. PRAECIPE FOR JUDGMENT PER ORDER OF COURT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, MARK S GOLDSTEIN, in the amount of $8286.04 computed as follows: Amount Awarded: $7498.03 Interest at the interest rate of 18.99% $788.01 From January 31, 2012 to August 20, 2012 TOTAL: $8286.04 Attached is a copy of the Court Order in favor of Plaintiff for Judgment. WELTMAN, WEINBERG & REIS, CO., L.P.A. By: f~~' - William T Molczan, E uire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 Plaintiff s address is: cJo Weltman, Weinberg & Reis, Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And Defendant's address is: 210 LOUISA LANE, MECHANICSBURG, PA 17050 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A. William T Molczan, Es ire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#09536931 DISCOVER BANK, THROUGH IN THE COURT OF COMMON PLEAS OF ITS SERVICING AGENT, DB CUMBERLAND COUNTY, PENNSYLVANIA r,, , ':`. SERVICING CORPORATION, c ,, ~ `` Plaintiff CIVIL ACTION -LAW ~~ ~ ~~,-~« NO. 12-1881 CIVIL ~~ ~ -~'r,-~ vs. c~r" -<~ _ °° MARK S. GOLDSTEIN, : ao ~ --tc:: -~; ~ Defendant D ~ ca r~ ~ ~"ALL. z ~ ~ ~• iN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS ~' BEFORE HESS, P.J., MASLAND AND PECK J J ORDER AND NOW, this /8' day of July, 2012, the defendant having admitted the allegations of the complaint, the motion of the plaintiff for judgment on the pleadings is GRANTED and judgment is entered in favor of the plaintiff and against the defendant, Mark S. Goldstein, individually, in the amount of $7,498.03 with interest at the rate of 18.99 percent per annum from January 31, 2012, until the date hereof. BY THE COURT, Sarah E. Ehasz, Esquire For the Plaintiff Mark E. Goldstein 210 Louisa Lane Mechanicsburg, PA 17050 :rlm • ~~ Kevin Hess, P. J. n~~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORAITON Plaintiff Case No.: 2012-] 881 CIVIL vs. MARK S GOLDSTEIN Defendant. NOTICE OF NDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendants ( )Garnishee You are hereby notified that t fo owing Order or Judgment was entered against you on 8 / / (xx) Assumpsit Judgment in the amount of $8286.04, plus interest at 18.99% per annum, 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 (xx) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ward ( ) By Consent Prothonotary ~ MARK S GOLDSTEIN 210 LOUISA LANE MECHANICSBURG, PA 17050 By: PROTHONOTARY (OR DEPUTY) 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.2012-1881 CIVIL MARKS GOLDSTEIN r e 910 �Q(JI-tot Defendant(s) PA 11060 MEMBERS 1 ST FCU l�0�2 t�� 1'?�! 3 �,.r 1111 3pr`''15 1' .i ( "' Garnishee(s) 1 PRAECIPE FOR WRIT OF EXECUTION 'r- C'0 TO THE PROTHONOTARY: rte: - Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against MARK S GOLDSTEIN , Defendant 3. against MEMBERS 1 ST FCU, , ,Garnishee 4. Judgment Amount $ $7,498.03 Less Payments/credits received $ $150.00 --7 Interest from January 31, 2012 to March 6,2013 $ $1,042.71 Costs $ SUBTOTAL: $ $8,390.74 Costs(to be added by Prothonotary): $ WELTMAN, WEINBERG&REIS CO., L.P.A. f d� oo a By: • n,� William T. Molczan,Es e 00 l�/ PA I.D. #47437 /a (1 it WELTMAN, WEINBERG&REIS CO., L.P.A. 1400 Koppers Building Gi s 11 « 436 Seventh Avenue �0 (I Pittsburgh,PA 15219 (412)434-7955 01 . 00 C" Q t,ol a s W No. 9536931 ls4eel a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff No.2012-1881 CIVIL VS. PRAECIPE FOR WRIT OF EXECUTION MARK S GOLDSTEIN Defendant(s) MEMBERS 1 ST FCU Garnishee(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 No. 9536931 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-1881 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK,THROUGH ITS SERVICING AGENT DB SERVICING CORPORATION Plaintiff(s) From MARK S.GOLDSTEIN,210 LOUISA LANE,MECHANICSBURG,PA 17050 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: MEMBERS 1sT FCU, 1711 SPRING ROAD,CARLISLE,PA 17013 and to notify the garnishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$7,348.03 Plaintiff Paid$ Interest FROM JANUARY 31,2012 TO MARCH 6,2013-$1,042.71 Attorney's Comm. % Law Library$.50 Attorney Paid$207.00 Due Prothonotary$2.25 Other Costs$ Date: 4/2/2013 David D.Buell,Prothonotary Deputy REQUESTING PARTY: Name: WILLIAM T.MOLCZAN,ESQUIRE Address:WELTMAN,WEINBERG,&REIS CO.,LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH,PA 15219 Attorney for:PLAINTIFF Telephone:412-434-7955 Supreme Court ID No.47437 SHERIFF'S OFFICE OF CUMBERLAND COUW Ronny R Anderson - 3 w Sheriff rn� M-= Jody S Smith 0 >i r vt�artn6r � r- Chief Deputy -< ' � ` Richard W Stewart .y.. , . 'o _ - Solicitor OFP E OF THE S"ZRIFF Discover Bank VS. Case Number Mark S. Goldstein 2012-1881 SHERIFF'S RETURN OF SERVICE 04/0812013 12:57 PM-William Cline, Deputy,who being duly sworn according to law,attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1166 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to Connie Barrick, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on April 9,2013 to Mark S. Goldstein at 210 Louisa lane, Mechanicsburg, PA 17050. VWO M CLINE, DEPUTY SO ANSWERS, April 09, 2013 RON R ANDERSON, SHERIFF c)C:cauntyS7:e SnariB,'i'ela�soft,tic;. 1 , RECEIVED APR 0 9 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DMSION DISCOVER BANK,THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff VS. Civil Action No.2012-1881 CIVIL MARK S GOLDSTEIN An:SWU5 Defendant(s) INTERROGATORIES IN ATTACHMENT MEMBERS 1 ST FCU Garnishee(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 C') r,a = 4 -0 3 Ua --a rnm 3M. rn- -Om r— r-M fN 4(� CDM 2q = c5 j � W WWR No. 9536931 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION RECOM DISCOVER BANK,THROUGH ITS SERVICING AGENT, 1313 SERVICING CORPORATION APR 0 9 2013 Plaintiff VS. Civil Action No.2012-1881 CIVIL MARK S GOLDSTEIN Defendant(s) MEMBERS I ST FCU Garnishee(s) TO: MEMBERS I ST FCU, 1711 SPRING RD,CARLISLE,PA 17013 RE: MARK S GOLDSTEIN,210 LOUISA LN,MECHANICSBURG,PA 17050 Suggested Reference No.: XXX-XX-1038 XXX-Xx- IWORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty(20)days after service upon you. Failure to do so may result in Judgment against you. B. Herein,the word"defendant"means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. WWR No.9536931 RECENED APR 0 9 2013 INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument,or did he claim that you owed him any money or were liable to him for any reason(including funds on deposit for checking or savings accounts and certificates of deposit)? 1 a. If the answer to Interrogatory 1 is in the affirmative,state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him;and the nature and amount of each of such liabilities. .c _u -o 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. �O 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? Ro 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? �} 1 to 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? 7. If you are a bank or other financial institution,at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution,levy or attachment under Pennsylvania or federal law?If so,Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account,and the entity electronically depositing those funds on a recurring basis. �O WWR No. 9536931 8. If you are a bank or other financial institution,at the time you were served or at any subseqluentllftftft time did the defendant have funds on deposit in an account in which the funds on deposit,not including any APR otherwise exempt funds,did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123?If 8 2013 so, identify each account. 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. n 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument,checking or savings account,certificate of deposit,or other funds were frozen,restricted,or otherwise put on hold by this institution. q I' b r ? 1 1-3 11. If the response to Interrogatory 7 is in the affirmative,are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? &,1A- 12. If the response to Interrogatory 11 is in the affirmative,state the amount of non-exempt funds on deposit in the account. iVI>- WELTMAN, WEINBERG&REIS CO.,L.P.A. By: William T.Molczan,Esqu' PA I.D.#47437 WELTMAN, WEINBERG&REIS CO.,L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 WWR No.9536931 VERIFICATION Q APR 0 9 2013 The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities,that he/she is 1 U OtEJEr �nu�,- 11 am �ddZUD`i o �' i( of WMbeA l't garnishee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SI A ) WWR No. 9536931 WELTMAN,WEINBERG&REIS CO.,L.P.A. BY: William T Molczan,Esquire Attorney for Plaintiff(s) I.D.No.47437 -n w =, , 436 Seventh Avenue, Suite 1400 -0 Pittsburgh,PA 15219 ' Phone: 412.434.7955 ' C) Fax: 412.434.7959 CD C:) File#9536931 C C ,. T� C DISCOVER BANK Through Its Servicing Agent DB Servicing Corporation Cumberland County Court of Common Pleas VS. MARK S GOLDSTEIN NO. 2012-1881 CIVIL and MEMBERS 1 ST FCU Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s),MEMBERS 1 ST FCU,only. WELTMAN, WEINBERG&REIS CO.,L.P.A. Y William T Molczan,E uire Attorney for Plaintif tqsDpolg Q SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,ny RAnderson ILEU-OE+16 ,eriff f` [HE PROTHONO A}e., Ykti�tr of Emb , Jody S Smith Chief Deputy 2013 NOV _6 AM 10: 514 ° �� , Richard W Stewart ��, CUMBERLAND COUNTY !p Solicitor OFF- - rr PENNSYLVANIA Discover Bank vs. Case Number Mark S. Goldstein 2012-1881 SHERIFF'S RETURN OF SERVICE 04/08/2013 12:57 PM -William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1166 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to Connie Barrick, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on April 9, 2013 to Mark S. Goldstein at 210 Louisa Lane, Mechanicsburg, PA 17050. 11/04/2013 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $87.93 SO ANSWERS, November 04, 2013 RONR ANDERSON, SHERIFF S LL 1 e y��X32. o Shan..Te: ose" L7c.