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Home My WebLink About12-2775r ?t0 11;0k:0 FE N' NSYI_4`ANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff VS. RICK A HOOVER Defendant No: 3vel 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 09476136 C A Pit SJS OVA %ko3.7,Spd t # - LJ- ?ova 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 RICK A HOOVER Defendant COMPLAINT AND NOTICE TO DEFEND You have been suediin court. If you wish to defend against the claims set forth in thelfollowing 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 def uses or objections to the claims set forth against you. You are w4rned that if you fail to do so the case may proceed without you andia 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 TH$S 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 AFFO D TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INF RMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PE SONS AT A REDUCED FEE OR NO FEE. REFERRAL SERVICE CUMBEJAWYER LAND 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 Casty, 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 4ffiliate, DB Servicing Corporation performs a variety of services for!Discover Bank including, among other things, the collection of delinquent accounts, marketing, application approval, transaction a?proval, customer service, and billing. The collection of delinquent accounts includes the right to forward the account to the attorney and/or collection agencies for collection and to file suit on Discover Bank's behalf. 3. At all times pertiynt hereto, DB Servicing Corporation is the servicing affiliate forlDiscover Bank, in reference to Defendant account, which is the s?bject of this litigation. 4. Defendant is adult individual(s) residing at 1190 NEWVILLE ROAD CARLISLE, PA 17013 5. Defendant applied for and received a credit card bearing the account number XXXXXXXX?XXX3234 6. Defendant made use of said credit card and has a current balance due of $5483.17 as of February 28, 2010 . 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 29.990% per annum on th6 unpaid balance from February 28, 2010 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit nln 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, RICK A HOOVER INDIVIDUALLY , in the amount of $5483.17 with interest at the rate of 29.990% per annum from February 28, 2010 until date of judgment *nd costs. William T. Mo czan, 37 WELTMAN, WEINBERG & uIS CO., L.P.A. 436 Seventh Avenue, ite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 09476136 C A Pit SJS This law firm is a debt'collector attempting to collect this debt for our client and any information obtained will be used for that purpose. New Balance Minimum Payment Due i Account Number ending in 3234 DISCOVER $0.00 51,321.00 Enter Amount Enclosed Below Payment Due Date $ Marsh 20, 2010 28 SDSN6A01 0006485 RICK HOOVER For access to the easiest online HOOVER'S TV account management options that put 1190 NEWVI L LE RD you in control of your account, register at Discoverbiz.com/register CARLISLE PA 17013 PO BOX 6103 116rrll1r1rdrl6rlrll loll CAROL STREAM IL 60197-6103 Address, e-mail or telephone than Z Print change ins ce lr??n??nuulllr?nlnr?rllnnr?l?lnnrl?rllnnrlln?n?? above, or go to Discoverbiz.com. P nt your e-mail address to IV I- receive important Account infarmati and special offers. 000001986751593?23597000000000000000132100 Discover Business Card Account Summary Closing Data: February 28, 2010 page 1 of 1 Account number ending in 3234 Previous Balance $5,483.17 Payment Due Date March 0, 2010 Payments And Credits 5,483.17 Minimum Payment Due ! $1,321 00 Purchases + 0.00 Credit Limit $4,500 00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0 00 Cash Credit Limit $1 100x 00 Finance Charges . + 0.00 Cash Credit Available $0.00 New Balance - $0.00 Cashbook Bonuse Opening Cashbock Bonus Balance $ 0.00 New Cashbock Bonus This Period + 0.00 Cashback Bonus Balance $ 0,00 Cashbock Bonus® Anniversary Date: January 13 How Can We Help Y u? For Account Inquiries, writs to us at: Please have your Diseever Card ova Discover Business Card, PO Box 3023 New Albany, OH 43054-3023 Manage your c=ount owing at Disc am TDD (relecon onuri cations Device for the Deaf): Customer Service: 1-888-DISCOVER (1-888-347.2683) For assistance, see reverse side. HOOVER'S TV Activity an Account Trans. Do. Payments and Credits Feb 2! Post Feb 28 INTERNAL CHARGE-OFF $ -5,483.17 Wdea Charge current billing period: 15 days Purchases PurchaseChscks 0 Cash Advances The rates that apply to your Account Nominal Transaction Daily ANNUAL ANNUAL Periodic Fee Per Rates is RATES PERCENTAGE F9rANCE FINANCE CHARGES C GEES 0.08216% 29.99% V 29.99% 100 0.08216% 29.99% V 29.99% 0 0 0.08216% 29.99% V 29.99% 100 either fixed (F) or they may vary (V) as noted above. Important Information. 11 Mere is more than one page 10 Mils biting statement see the back of each page for additional important information. See your Cardmember Agreement Your Cat" Agreement contains al the tens d your Account. Lost or stolen cards. Repot nvnedtatelyl Call 1 1.2613. Payments.. Send oily your payment and the loop portion of inns statement in the envelope provided. Do not send cash. By sending your died as described above, you authorize us to use mformatlon on your check to make an elect is banskr front your account at the financial institution indcatad on your check or to process the payment as a check transaction. If payment is processed as an eiectronic fund transfer, transfer will be for the amount of the chede. When we use information from you check to make an electronic kind transfer, funds may be withdrawn from your account as soon as same day we receive your payment. and you whit not receive your check track from your frnandd institution. The processing of your payment may be delayed N you cash. correspondence or other items with you payment, if you send the payment to any older address or 0 you use an envelope other than the one provided. Payments r in proper form at our processing Wily by 5PM local lime on any day vil be credited to your Accent as of that day. Payments received at our processing facility after 5PM scat time be credited to your Account as of the next day If you have misplaced your envelope. send your payment to Discover, PO Box 6103, Carol Stream. IL 601916103. Please allow 7-f0 ays for delivery. 9 your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. You can pay your minimum payment or a greater attou bank account information. You must ensure that su fficie 5 digits of your account statement ZIP code. By anerin payment you authorize from your bank account and to i tell us the amount of esdh payment, or you can select a riust receive notice at least three business days in ado paragraph. It your payments may vary in amount. we w wary be less than indi zted at the monthly statement b Credit Reporting.',Ne may report information about yo repor If you believe Mat our report is inaccurate or nor name, address, home telephone number and Account I Periodic Finance Charges. We begin to impose Pedo Iransae.Imo is posted to your Account after he curse of day of the billing period in Ahwh it is posted to your Act receinig credits. However, if you paid the New Balaha Payment Due Date on your current billing slasirarm, w We call this the `grace period.' There is no grade paid We sot your transat tons, into groups of purchases, ca For example. purchases sublet to a promndonal raft i end of each billing period. we compute balances and P Penodic Finance Charges fur eadn transaction categim (Average Daily Balance) times (days in billing period) ti i You may refer to the finance charge sunmary on your total Periodic Finance Charges for yourAccuunf. TheA transaction category. We use the Average Daly Balance (including new trarx Baiance for each hansaction category by adding up al 'rYe compute ilia daily balance for each transaction call dry as shown on your billing statement unless he trar to ;he daily baWice as of [tie first day of the biting peril balance; and by then subtracting any craft and paym tht biding period, we consider the'previc is day's dally over the telephone, and you can set up automatic payments. Cal us at 1.888.347.2683. You will need his statement and your kids are available in your bank account ad all transactions must comply with US law. You will be asked to provide he first hest numbers as your electronic sigriabrre, you will be agreeing to this authorization to allow us and your batik to deduct each late debit or credit entries to you bank account. as applicable, to correct an error in the processing of such payments. You must amount such as the hknmtm Payment Due or the New Balance on each statement. You can cancel a payment; However, we ce of flies scheduled payment You may notify us by phone at 1-88&347.2683 or by mail at the address listed in the previous tell you on each monthly statement when you payment will be mane and hmv much it will be. Your automatic payment amount ad on credits or payments applied during the billing cycle, account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in you credit tplete, please write us at he flowing address. Discover, PO Box f 5316, Wilmington, DE 19850-5316. Please induce your c Finance Charges on all transaction from the Transaction Date for the transaction as shown on your billing statement, untess a e billing period in which k occurs, in which case we begin to impose Periodic Finance Charges on Mal transaction from the fa st uot. We continue to Impose Periodic Finance Charges until the date you pay your entire New Balance, by making payments or on you previous billing statement by hC Payment Due Date shown on that billing statement and you pay the Now Balance by the will not impose Periodic Finance Charges on new purchases. that is, purchases first appearing on he current billing statement. on balance transfer, cash advances. or PurchaseChecks, m advances, and balance transfers and then further sort tine transactions within each group by their Annual Percentage Ras d purchases subject to a standard rate would be separate groups. We refer to these groups as tramsad on categories. At the iodic Finance Charges for each day of the billing period for each transaction category. We use the following equation to eompmte (Daly Periodic Rate). g statement for these amounts.) Then we add tip the Periodic Finance Charges for each transaction category to get the get Daly Balance is shown as zero it. because of the grace period. no Periodic Finance Charges apply to the balance in a method of calculating the balance upon which we impose Periodic Finance Charges. We compute he Average Daily balances in a billing period for a transaction category and dividing the total by the number of days in the oft period. each day by list adding the following to he previous days dairy balance: transactions with a Transaction Date of that i posted to your Account after the close of the billing period n which it occurs. in which rase the transaction will be added h it is posted to your AccouhL fees charged that day and Periodic Finance Charges accrued on the previous day's daily are applied against the balance of he transaction category on dial day. In calculaWrg the daily balance for the fast day of to have been your balance for each transaction category on tine last day of you previous billing period. All fees charged to you Accent are added to the s purchase transaction category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Tasfer Transaction Fee Finance Charges which are added to the applicable balance transfer transaction category When, the slwaal ratu expires cave move the unpaid balance of balance transfer and he Balance Trahster Transaction Fee Finance Champi a the standard card purchase transaction culooon Huhe.l if tike specid tithe lids been termu,diN under Defauk Rate section, we W%,e use uipsid balance of die balance tralls6 rid trite Balance Tiansfer Trarsauian Fee Fpdr,::e Charges in the applicable balance transfer uansactan legory unsll the spenat rate workd have expired. For TOD (Telecommunications Device fordo Dealt ca, please call 141110-347J449. Discover may monitor andior record telephone calk bt- you and Discover representatives for quality assurance purposes. The Discover- card is issued by Mscover Bank, Maimbilir FDIC. 9476136 OITBK191 VERIFICATION The undersigned does he?eby 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 siccessor to DFS Services LLC servicing agent for Discover Ban] (Company) plaintiff herein, that she is duly a4thorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Acton are true and correct to the best of her knowledge, information and belief. ? n / r (Signature) WWR# 9476136 Rick A. Hoover 6011398512963234 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff(s) V. RICK A HOOVER, Defendant(s) Docket No.: 12-2775-Civil rn .? C7y -..? ar . v? ? c?- ? C3 - ca _ PRELIMINARY OBJECTIONS TO COMPLAINT Filed on Behalf of Defendant Counsel: The J. Murphy Firm The Grant Building, 33rd Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 IS,N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff(s) Docket No.: 12-2775-Civil v. RICK A HOOVER, Defendant(s) CERTIFICATE OF SERVICE I, Joseph P. Murphy, counsel for the Defendant in the above captioned matter, do solemnly swear that the foregoing -12-OPEARANCE l LJ PRELIMINARY OBJECTIONS TO COMPLAINT MOTION/REQUEST/PRAECIPIE FOR ARGUMENT were delivered by First Class, U.S. Mail, Postage Pre-Paid to the Below: Sarah Ehasz, Esq. Weltman, Weinberg and Reis Co., LPA 436 Seventh Avenue, Suite 1400 Pittsburgh, Pa 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff(s) Docket No.: 12-2775-Civil v. RICK A HOOVER, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Now comes the Defendant, by and through counsel, the J. Murphy Firm, and Joseph P. Murphy, Esquire and bring(s) and file(s) the within Preliminary Objections to Complaint, averring in support thereof as follows: OBJECTIONS TO CONTRACT CLAIMS 1. The Complaint references a credit agreement or contract. 2. No averment is made as to whether said agreement is oral, or written. 3. The foregoing amounts to a violation of Pa. R.C.P. §1019(h), as amended, which requires that, "When any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written." 4. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(2) for violation of rule of court 1019(h). 5. Although the Complaint references a credit agreement or contract, no copy of the agreement or contract is attached thereto. 6. The foregoing amounts to a violation of PA. R.C.P. §1019(i). 7. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. §1028(a)(2) for failure to conform to Rule of Court 1019(i). OBJECTIONS DIRECTED TOWARD LACK OF SPECIFICITY 8. These objections arise under Rule 1028(a)(3) and Rule 1019(f) 9. Pa. R.C.P. 1028(a)(3) provides for the filing of preliminary objections where the complaint is insufficiently specific. 10. Rule 1028(a)(3) is commonly understood to require that the complaint be sufficiently specific as to allow the Defendant to formulate an answer, admitting or denying the averments in the complaint. 11. As set forth in the attached brief, the complaint in this case is not so sufficiently specific. 12. Pa. R.C.P. 1019 requires, interaiia, that facts be pled and that items of special damage be pled with specificity. 13. In the context of a credit case, the facts and items of special damage, which are to be pled, include the dates and amounts of charges, fees, fines, interest, and the like. 14. In the context of a credit case, the requirements of 1019 are normally met by attaching copies of an un-interrupted chain of statements, starting with a zero balance and ending with a statement showing the amount sought in the complaint. 15. It is respectfully submitted that the neither the Complaint, nor the documents attached thereto, sufficiently or specifically plead the facts and items of special damage underlying the case. 16. This renders the Complaint the proper subject of preliminary objections, pursuant to Pa. R.C.P. 1028(a)(2), for failure to conform to Rule of Court 1019, and the proper subject of preliminary objections, pursuant to Pa.R.C.P. 1028(a)(3) for insufficient specificity. WHEREFORE, Defendant respectfully prays that the Complaint filed by the Plaintiff be dismissed with prejudice, or, in the alternative that the complaint be stricken, and the Plaintiff be required to plead over in accord with the Rules of Court. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, CIVIL DIVISION Plaintiff(s) Docket No.: 12-2775-Civil v. RICK A HOOVER, Defendant(s) - ORDER - On this day of , 20 , it is hereby ORDERED that Plaintiff's Complaint is stricken. Plaintiff may file an amended complaint within 30 days. If Plaintiff fails to file an amended complaint within the time set forth above, the Prothontary, upon praecipe of the Defendant, shall dismiss this case with prejudice. BY THE COURT: J. s . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, r.n Plaintiff(s) Docket No.: 12-2775-Civil --l ca -:-, V. RICK A HOOVER, Defendant(s) PRAECIPE FOR APPEARANCE Filed on Behalf of Defendant Counsel: The J. Murphy Firm The Grant Building, 33rd Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 161NA1 W_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, V. Plaintiff(s) Docket No.: 12-2775-Civil RICK A HOOVER, Defendant(s) TO THE PROTHONOTARY: Kindly accept my appearance on behalf of The Defendant. RespeylPblly, 83120 P.,Avrphy The J. Wrphy Firm The Grant Building, 33d Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 canc. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) stn TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Ot S(;?? ?X^ L vs. r (List the within matter for the n?)=? - --------- - --- - ---- - -- - - ---- X CD J2- 2-77 '5--C I v. ? No. Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to co lai ,etc \ /1 t . S C N N -c 47 -v W -z1 r"t CD - co 2. Identify all counsel who will argue cases: (a) for plaintiffs: (Name and Address) (b) for defendants: 17 (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: Sign i? ? ? Print your name? Attorney for Date: INSTRUCTIONS: 1. 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 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ??GINA ADMINISTRATOR (not the Prothonotary) after the case Is rellsted. 41Q.15 PO AT7-f C*9(0 ?# a?s? 78 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff o?,nrr -03: r' W & ::C -r. p Jody S Smith y -6 - ? G Chief Deput : Richard W Stewart ? ' v - 1 " Solicitor C-) 3 C 1 I -- :z C u Discover Bank vs. Rick Alan Hoover Case Number 2012-2775 SHERIFF'S RETURN OF SERVICE 05/08/2012 02:35 PM - Jason Vioral, Sergeant, who being duly sworn according to law, states that on May 8, 2012 at 1435 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Rick Alan Hoover, by making known unto himself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $34.00 May 09, 2012 JASO 10 L, DEPUTY S WERS, RON R ANDERSON, SHERIFF Gnu y S7te Sr t In" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff(s) Docket No.: 2012-2775-CIVIL V. RICK HOOVER, r M Defendant(s) -ORDER - On this -day of UA& , 20 it is hereby Gs r-i ORDERED that Plaintiff's Complaint is stricken. Plaintiff may file an amended complaint within 120 days. If Plaintiff fails to file an amended complaint within the time set forth above, the Prothonotary, upon Praecipe of the Defendant, shall dismiss this case with prejudice. iTH iW1 J. CONSE ENTRY OF THE ABOVE OR R: Joseph Murk Sar h Ehasz IN TIM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, Through Its Servicing Agent, DB Servicing Corporation, Plaintiff, V. RICK A HOOVER, Defendant. CIVIL DIVISION NO: 12-2775 CIVIL TERM ORDER _--7 ;JT ? ? ti" l AND NOW, to wit, this of 2012, upon consideration of the Defendant's Preliminary Objections to Plaintiff's Complaint and the briefs of the parties, it is hereby ORDERED, ADJUDICATED, and DECREED that Defendant's Preliminary Objections are Sustained and Plaintiff's Complaint is Stricken. It is further ordered that the Plaintiff shall have 120 days from the date of this Order in which to file its Amended Complaint. BY THE CO J. '? ?1r. e:?k f?OUP? M,P ?uP•c's n?u `f?r? ?/y/?J ?LL Ir~~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PCNNSYI,VANIA CIVIL DIVISION ~~ DISCOVER. BANK> TI-1ROUGII ITS SERVICING ADEN"T, DB SERVICING CORPORATION, Plaintiff vs. RICK. A. HOOVER, Defendant c ~p 3 -~ :v z ~ c°~ ~ ~ --~ ~r ~ ~~ w ~ ~r Sri -- ~ _,.. No. I2-2775 CIVIL, ~"~ "~ --~ c,~ ,. rn PRAECIPE FOR SUBSTITUTION OF VERIFICATION 'TO AMENDED COMPLAINI~ FILED ON BEHALF OF Plaintiff COUNSEL OF RL,CORD OF THIS PARTY: Sarah E. Ehasz, Esquire PA I.D. #86469 WEL"FMAN, WEINBER(i & F;EIS CO., L.P.A. 1400 Koppers Building; 436 Seventh Avenue Pittsburgh, PA 152] 9 (412)434-7955 WWR#9476136 ,--, --t rn _..~ ~i-f, c~ --+c o ~-~ ~:~ ,~.,~~ ~ . ~N THE COURT OF COMMON PLEAS CUMBERLAND COUN~I'Yw PENNSYLVANIA CIVIL. DIVISION DISCOV~:R BANK THRODUH ITS SERVICING AGENT, UB SERVIC'ING CORPORATION, P)tiintiff vs. Civil Action No. 12-2775 CIVIL. RICK A. HOOVER L)elendant PRAECIPE FOR SUBSTITUTION OF VERIFICATION T(:) THE PF:OTHONOTARY: At thc; request of the undersigned attorney for the plaintiff, you are directed to substitute the verilscaeion in the Plaintiff's Amended Complaint in the above captioned matter. WELTMAN, WEINBF.RG & IZ~IS CO., L.P.A. .~ i1 ,f~~ By. _~- Sarah E. VERIFICATION r° •. %~/~ • !~ ~~ ~ E ~ ~ '' ~ L~G_~. Le al Placement Account Mana er _~ {Name} ~ (Title) of DB Servicing Corporation, servicing affiliate of Discover :Bank, (Company) does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities states, that he/she is a duly authorized representative of plaintiffherein and authorized to make this verification, and that the facts sets 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. That Discover Bank, f/k,'a Greenwood Trust Company, is a FDIGinsured Delaware State bank, and its servicing affiliate DB Servicing Corporation, extends credit through issuance of the Discover Card. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including business management services in support of Discover Bank business lines, including, among other things, credit cards, deposits, personal loans and student loans, customer service, collections, credit risk, collection of delinquent accounts and other support services. The collection of delinquent accounts includes the right to forward the same to the attorneys andlor 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 ~ ~ `_ ~ ~ ~~ f ~- RICK A. HOOVER REDACTED CLIIENT ACCT # 3234 WWR#9476136 ~ {/ ///' (Signature) `.'4r DB Servicing Corporation servicing affiliate for Discover Bank PO Box 3025 New Albany, OH 43054 CERTIFICATE OF SERVICF. The undersigned certifies that a true and correct copy of the within Praecipe hor Substitution of Verification to Amended Complaint, only was mailed on the .- ~ day of ~,~ ~~__ _ , 2012 by United States first class mail, postage pre-paid, addressed as follows: ~ Joseph Murphy, Esquire The Grant Building, 33'~ Floor 310 Grant Street, Suite 3309 Pittsburgh. PA 15219 Weltma~, Wein>~~&/~eis Co.. L.P.:'l. Sarah E. Ehasz, Esq IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, - - Plaintiff(s) Docket No.: 12-2775 ~`-' '- v, _ _ ~. RICK AHOOVER, - ANSWER TO AMENDED COMPLAINT Defendant(s) Filed on Behalf of: DEFENDANT Counsel for this Party: Joseph P. Murphy 83120 THE J. MURPHY FIRM 210 GRANT STREET, #301 PITTSBURGH, PA 15219 (412)521-2000 ~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff(s) Docket No.: 12-2775 v. RICK A HOOVER C~efendant(s) ANSWER TO AMENDED COMPLAINT AND NOW, come(s) DEFENDANT, by and through counsel, the J. Murphy Firm, and Joseph P. Murphy, and bring(s) and files the within ANSWER TO AMENDED COMPLAINT, averring in support thereof as follows: 1. After reasonable investigation, unable to admit or deny these business matters, practices, customs of the Plaintiff. 2. See #1. 3. See #1. 4. Admitted. 5. Denied, §4122 doesn't work that ~vay. 6. No reply required. 7. Admitted that the Defendant has had and used credit cards. After reasonable investigation, unable to admit or deny the remaining allegations in this paragraph. The referenced documents speak for themselves. 8. See # 7. 9. Denied, in that even if these facts are true, the legal conclusion urged does not follow. At best, it was plaintiff who accepted Defendant's application, an offer ~Nhich plaintiff itself solicited. 10. Admitted that the Defendant has had and used credit cards. After reasonable investigation, unable to admit or deny receipt of, use of, or payment on the credit account describe din the complaint. 11. See #1, for same reasons and after same reasonable investigation, unable to admit or deny what plaintiff might have sent, why, or when. The referenced documents speak for themselves. 12. See #1. The referenced documents speak fort themselves. 13. The agreement, if applicable at all, speaks for itself. 14. See # 10. 15. The referenced document speaks for itself. Admitted that payment has not been made in some time, if ever. After reasonable investigation, unable to admit or deny that payment was ever due. 16. After reasonable investigation, unable to audit these calculations such that Defendant could admit or deny same. 17. The referenced document speaks for itself. 18. See # 1 S. 19. After reasonable investigation, unable to admit or deny this. See also, # 1. 20. No reply required, 21. See #10. 22. See #10. Additionally, Plaintiff provides expensive credit, not goods and merchandise, etc. 23, Admitted that payment has not been made in some time, if ever. After reasonable investigation, unable to admit or deny that payment was ever due. Respectfully Submitted, ,. Joseph P.-POiu y 10/31/12 (Counsel for DEFENDANT) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff(s) v. RICK A HOOVER Defendant(s) Docket No.: 12-2775 VERIFICATION I do solemnly swear that the averments in the foregoing answer to amended complaint are true and correct to the best of my knowledge, information and belief. I make this verification subject to the penalties set forth in 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. ~~~~ ,. _ ~ _ __ Signature Date C Name Printed: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff(s) Docket No.: 1Z-2775 v. RICK A HOOVER L')efendant(s) Certificate of Service I do solemnly swear that a true and correct copy of the within ANSWER TO AMENDED COMPLAINT was delivered to the below party or counsel therefore as follows: Ashley Sweeney, Esq. Weltman Law Firm 436 Seventh Ave, # 1400 Pittsburgh, Pa. 15219 [ x ]Via First Class U.S. Mail, Posta e_ Pre-Paid [ ]Via Facsimile: [ ]Via Certified U.S. Mail, Postage [ ] Via Express Mail Pre-Paid Carrier: ____ ________ Article Number [ ]Via Certified U.S. Mail, Postage ~[ ] Other Method as follows: _ Pre=Paid, Return Receipt Reque ~~ I~ Joseph P. Murphy' 10/3.,x.2 __... -