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HomeMy WebLinkAbout12-29891 rr1 j.1 - '12 MAY 14 PM 12: 27 PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaint=iff No: Ia - Q9099 vs. MAR.VIN E KELLEY Defendant 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 09296418 C A Pit SJS s C!? tc?zs IS- le-AL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. Civil Action No MARVIN E KELLEY 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 1429 N HARMON RD NEWBURG, PA. 17240 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3221 . 6. Defendant made use of said credit card and has a current balance due of $62771.01 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 16.2411 per annum on the unpaid balance from January 31, 2012. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1". 9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due the Plaintiff. WHEREFORE, Plaintiff prays for judgment in its favor and against Defendant, MARVIN E KELLEY, INDIVIDUALLY, in the amount of $6271.01 with interest at the rate of 16.24% per annum from January 31, 2012 until date of judgment and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. rill William T Molcz Esquire PA I.D. ##47437 WELTMAN, WEINBERG & REIS CO., LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 New Balance Minimum Payment Due DISCOVER $7,532.75 $436.00 Payment Due Date August 2, 2011 05 SDSN6A01 0000390 MARVIN KELLEY 1429 N HARMON RD NEWBURG PA 17240-9133 D11 PO BOX 71084 11111111111111111 CHARLOTTE NC 28272-1084 Address, to www. www.Dissoeever or change Go ~.com .comor print printchange in space above. l?ulw?rl?nrlnlr?ml???nr?nln?u?lnlu(n?rlull EXH BIT ? r r 000001986458027699731075327500000000043600 Opening Date: June 6, 2011 - Closing Date: July 5, 2 Discover More Card Account Summary Account number ending in 3221 Previous Balance $7,375.67 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 35.00 Interest Charged + 122.08 _ New Bal?nce 7,532.75 See Interest Charge Calculation section following transactions For detailed APR information Credit Line $7,200.00 Credit Line Available $0.00 Cash Advance Credit Line $1,900.00 Cash Advance Credit Line Available $0.00 You may be able to avoid Interest Charges, see Additional Important Information For details. Bonus' Opening Cashback Bonus Balance New Cashback Bonus This Period Cashback Bonus Balance To learn more, log in at www.Dwover.com 0.00 3 Easy Ways to Contact Us 1 Access your account securely at www.Discovw.com 2. Call 1-800-DISCOVER (1-800.347.2683) Please have your Discovere card available. 3. Write to us at Discover, PO Bok30943, Salt Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover PO Box 6103, Carol Stream, It 60 1 97-6 1 03 For TDD (Telecommunications Device for the Deal) assistance, please call 1$00.347-7449 Account Number ending in 3221 Enter Amount Enclosed Below Please make check payable to Discover Card. You are ovedimit. Pay the sum of the monthly minimum payment plus the overlimit amount of $332.75. Tired of buying stamps? Go mobile! Make payments from your phone with the Discover app. It's fast and it's free. Download today at http:/Awiw.discover.com/apps page of 2 Payment Information New Balance $7,532.75 Minimum Payment Due* $436.00 Payment Due Date August 2, 2011 *Includes past due amount of $288.00 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 21.24% variable. Mininum Paymerrt Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: I you rrr ita You wig pay off the And you will and dditnonol <horgas' boionCO shown on up paying an fmg this card and this statement in. estimated total of. ch month you pay. . about: Only the minimum 45 years $42,705 payment IF you would like information about credit counseling services, call 1-800.347.1121 Manage Your Account Online at www.Discover.com • Access free online tools like Paydown Planner to create a plan to Pay down your ball securely access statements, pay bil t3 my and easily track all transactions • Make your money worth moresm-find easy ways to earn and redeem cash rewards • NEWI Access your account securely through your mobile phone ransac ions Trans. Post Date Date Fees Jul 2 Jul 2 LATE FEE TOTAL FEES FOR THIS PERK)D 35.00 35.00 Intensr Charged INTEREST CHARGE ON PURCHASES $ 51.37 INTEREST CHARGE ON CASH ADVANCES 70.71 INTEREST CHARGE ON BALANCE TRANSFERS 000 Anniversary Month February $ 0.00 + 0.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISCOVER It pays to i MARVIN KELLEY _ DisroVEff Account number ending in 3221 page 2 of 2 Interest Charge Calculation Your ,Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 30 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SSUBW TO INTEREST CHARGE RATE (APR) INMEST RATE Purchases 16.24% V $3,848.73 $51.37 Cash Advances 23.99% $3,585.77 $70.71 V = Variable Rate Information For You * * * ATTENTION * * * We previously requested the past due amount on your account, We have no record of receiving payment. The amount due should be paid at once. Additional important Information See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. Last or stolen cards. Report immediatelyl Call 1-800.347-2683. What To Do if You Think You Find A Mistake On Your Statentettt 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 Dolfor amount: The dollar amount of the suspected error ri lion mists of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe Ft! ssc a ce. is '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 question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that 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 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 state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover PO Box 30945, Sob Lake Cify, 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. Payrrrents. Send only your payment and the top portion of this statement in the envelope provided. l)o not send cash. By sending your check as dexribed above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the_payment as a check transaction. iF pyment is proc essed as an electronic fund transfer, the transfer will bs 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 same day we receive your payment, and you will not receive your check b«k 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 any other address or if you use an envelope. other than the one provided. Paymenh received in proper form at our processing facility by 5PM local time on any day will be credited to your Account as of that day. Payments received at our processing facility after SPM local time will 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 60 1 97-6 1 03. Please allow 710 days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. You can pay your scheduled monthly payment or a greater amount that does not exceed your remaining current account balance over the telephone or you can setae automatic payments through a customer service representaFve by calling 1-800.347-2683. Automatic payments will be deducted on the payment due date unless you request a payment date that occurs before ur payment due date. IF your scheduled payment date falls on a weekend or bank holiday, your payment will be processed tyohe business day prior to the weekend or bank holiday. In order to schedule monthly, payments by telephone, you will need this statement and your bank account information. You will be asked to provide the last four (4) digits of the' social securi number of the primary borrower By providing those numbers as your electronic signature, you will be t rs authorization to allow us and your bank to deduct each payment you authorize, in the amount selected by g?bpgA r bank account. You also authorize us to initiate debit or credit entries to your bank account, as applicable, to correct an error in the processing of such payment. You can cancel a scheduled payment by phone of 1-800-347-2683 or mail of the correspondence address listed above; however we must receive notice at least three business days in advance Mhe scheduled payment. If your payments may vary in amount, we will tell you on each monthly statement when your payment will 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. low. If your scheduled payment is not enough to cover the Total Amount Due as listed on your monthly billing statement, you will be responsible for paying the difference. Your automatic payment 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 + $ Bank Routing #: Bank Account #: Frequency: NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Credit Reporting. We may report information a out your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflectoo: in your credit report. We normally report the status and payment history of your Account to credit reporting agencies each onth. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover. PO Box 5316, Wilmington, DE 19850-5316. Please indicate your name, address, home telephone number and Account number Paying Interest We begin to impose interest c ryes on a transaction, Fee or interest charge From the day we add it to the daily balance. We continue to impose interest harges until you pay the total amount you owe us. You can avoid paying interest on Purchases as described below, Ho ver you cannot avoid paying interest on Balance Transfers or Cosh Advances. impose interest chas on new Purcy portion of a new Purchase, paid by the Purchase Due Date on your current bit ling statement. new Purcses are hat first appear on the current billing statement. yT?ai the Now a once on your previoFdiiefferen;tipromational tement by The Payment Oue Dafe shown on that billing statement, we How Wa A I Pa ments Ma Im act Your d you o not pay your ew once in een, depending on the balance to which we apply your payment, you may not get a grace period on new PurcHow We Calculate Interest Charges Daily Bthod 'including current transactions); We calculate interest charges each billing period by First Figriong the "doily for each Transaction Category. Transaction Categories include standard Purchases, standard Csh Advancerent promotional balances, such as Balance Transfers. How We Figure the Daiy Balance for Each Tra action Category We dart v ith the beginning balance fo each day. The beginning balance for the first day of the billing period is your balance on the last day of your For vious billing period We add any interest charges accrued the previous day's daily balance and any new transactions and fees. We add an new transactions or fees as of a later of the Transaction Date or the first day of the billing period in which the transaction or fee posted to ur Account. We subtract any new credits and pa nts. We make other adjustments (including se adjustments required in the "Paying Interest" section). How We Figure Your Total Merest Charges We multiply the daily balance for each ransadion Category by its daily periodic rate. We do this for each day in the billing period. This gives us the int est charges for each Transaction Category. To get a daily periodic rate, we divide the APR that applies to the T n3 lion Category by 365 We add up all the daily interest charg . The sum is the total interest charge for the billing period. How We Include Fees We add Balance Transfer Fees to the applica Balance Transfer Transaction Category. We add Cash Advance Fees to the applicable Cash Advance Transact' n Category. We odd all other fees to the standard Purchase Transaction Category. Balance Subject to Interest Rate. Your stateme shows a Balance Subject to Interest Rate. It shows this for each transaction category. The Balance Subject to I terest Rate is the average of the daily balances during the billing period. For TDD (Telecommunications Device for the Ills l) assistance, please call 1-800-347.7449. Discover may monitor and/or record telephon calls between you and Discover representatives for quality assurance purposes. The Discover card is issued by Discover Bank Member FDIC UNPf:ooi 9296418 0 ch z m n 0 0 0 0 X V Questions? Visit www.Discover om or DISCOVER call 1-800-DISCOVER (1.800-347- 6831 Paperless statement! i mean less clutter, more convenience Easily access up to 24 months of d wnloodable, password protected statements. • See your statement as soon as 's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders rough e-mail or text messages on your mobile phone. • Print a paper copy of your stat ent anytime. • Sign up today at Discovercom perless 4:2010 Dix.- Bank. Membe MIC PAPER 0310, Transactions Trans. Post (cont.) Dab Dak Interest Cho"jed TOTAL INTEREST FOR THIS PERIOD $ 122.08 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 $ 60.00 TOTAL INTEREST CHARGED IN 2011 835.69 9296418 Questions? Visit www.Discov cam or DISCOVER call 1.800-DISCOVER (1.800-347 683). rn O m z 0 0 0 M X 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 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# 9296418 Marvin E. Kelley 6011002953123221 STATE OF Pe (l Y) ! COUNTY OF & -VA P-)'\OLIQA D?3Ca?? a3a?,n,K. Thro?cj h T?? derv ?? nq ajy ,pR ,)eyL/ie;r)Q ? 06 rd-L;C-n PLAINTIFF vs. MARyin1 kr_- LLCy DEFENDANT COURT FILE NO. wZ ?-c9 c 1 ?r'L Ter r? CASE TYPE: Civil ? 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Kelley 2012-2989 SHERIFF'S RETURN OF SERVICE 05/21/2012 04:03 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 21 2012 at' 1603 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Marvin E. Kelley, by making known unto himself personally, at 1429 N. Harmon Road, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to him personally the said true and correct copy of the same. SHWN TSHAL UTY SHERIFF COST: $48.00 May 22, 2012 SO ANSWERS, C, Z ---- RON R ANDERSON, SHERIFF (ci ecuo 5 ntq ;' . we ti Te ;,orl. wc. a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. Civil Action No. 12-2989 CIVIL TERM MARVIN E KELLEY Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, MARVIN E KELLEY, in the amount of $6,999.25 plus costs, based upon the consent of the parties. ~.: -- ~~ -__; (`T' t ~ ~ '° ~ t`~ i' 3'~~ ...4~... CONSENTED TO: ~ .... .~ - ~ ~~~ ~- WEINBERG & REIS CO., L.P.A. WELTMAN ~ ~ r~~ , ~ ...S~r «-~ ~, ~ ~ ~ ~ t V (-'l _~ .w~~ •...~ By: ~~ c - Attorney for Ylaintitl' ..~ MARVIN E KELLEY 1429 N HARMON RD NEWBURG, PA 17240 WWR# 9296418 ~~agaq as ~o~c~ ~1P~ .- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. Civil Action No 12-2989 CIVIL TERM MARVIN E KELLEY D:.fendar~t STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, MARVIN E KELLEY, above- named, in the amount of $6,999.25 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $6,999.25. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, MARVIN E KELLEY, in the amount of $6,999.25 plus continuing interest thereon at the statutory rate of 6.000% per annum from the date of judgment, and costs. 3. Defendant shall pay monthly at a rate of $165.00 commencing on October 31, 2012 and each month thereafter until the balance is paid in full. 4. All payments are to be made payable to the order of "DISCOVER BANK" 5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue 1400 Koppers Building, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. f `. 7. Time is of the essence of this agreement and should the Defendant fails to have in the hands of Plaintiff or Plaintiff s counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals this ~ ~ day WELTMAN, WEINBERG & REIS CO., L.P.A. By: --`.. Matthew D. Urban, Esquire PA I.D. # 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue 1400 Koppers Building Pittsburgh, PA 15219 WWR# 9296418 A PIT ABR MARVIN E KELLEY 1429 N HARMON RD NEWBURG, PA 17240 . 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. 12-2989 CIVIL TERM MARVIN E KELLEY Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Jud ment was entered against you on ~ (xx) A umpsit Judgment in the amount of $6,999.25 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 ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary MARVIN E KELLEY F 1429 N HARMON RD NEWBURG, PA 17240 ~ '~ By: PROTHONOTARY (OR DEPUTY)