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HomeMy WebLinkAbout12-3459 Our File No.: 339836 - --- APOTHAKER & ASSOCIATES, P.C. 73 rr*i BY: David J. Apothaker, Esquire Attorney I.D. #38423 > CID 520 Fellowship Road C306 t`- -74 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK c/o DB SERVICING CORPORATION 6500 NEW ALBANY RD NEW ALBANY OHIO 43054 Plaintiff, VS. JEFFREY M ECKERD 540 OLD ORCHARD LN CAMP HILL, PA 17011-1828 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: dal - 3459 ONOTICE 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 0-S 10 3 75 P,n A 77Y Our File No.: 339836 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK c/o DB SERVICING CORPORATION 6500 NEW ALBANY RD NEW ALBANY OHIO 43054 Plaintiff, vs. JEFFREY M ECKERD 540 OLD ORCHARD LN CAMP HILL, PA 17011-1828 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is Discover Bank ("Plaintiff'), a Delaware State Bank and issuer of the Discover Card. 2. Defendant(s) is/are JEFFREY M ECKERD, an adult individual residing at 540 OLD ORCHARD LN CAMP HILL, PA 17011-1828. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK, issued to Defendant(s), Account # ending in 0234. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $5,660.47. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits. if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $5,660.47 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & tSS)OCIATES, P.C. A Law Firm Enizaked ib Debt Collection BY: David J. Apotlak/, Esquire Dated: 5/22/2012 Our File No.: 339836 VERIFICATION I, David J. Apothaker, Esquire, hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities that I am counsel for Plaintiff in this action, that I make this Verification based upon the facts as supplied to me by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court, and that the facts set forth in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. APOTHAKE & SSOCIATES, P.C. Atto ey f r Plaintiff A Law Firm E izai in Debt CAectioi BY: David J. ApbMer, Esquire DATE: 5/22/2012 New Balance Minimum Payment Due Account Number ending in 0234 DISCOVER' $5,660A7 $677.00 Enter Amount Enclosed Below Payment Due Date C April 5, 2012 10•SDSN6A01 0010613 JEFFREY ECKERD 540 OLD ORCHARD LN CAMP HILL PA 17011-1828 Text APP to DISCOV• to receive a link to our free mobile: app and pay your bill In seconds from anywhere! PO BOX 71084 IIInrlluuullllnrlrinl CHARLOTTE NC 28272-1084 Address, e-mail ortelephone change? inirlirrlnrlrllurlulrlurlllin?Inlninllululnirinll Go to www.Discavereom or print change in space above. Opening Date: February 11, 2012 - Closing Date: Ma Discover More Card Account Summary Account number ending in 0234 Previous Balance $5,660.47 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 New Balance $5,660.A7 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $6,000.00 Credit Line Available $0.00 Cash Advance Credit Line $3,000.00 Cash Advance Credit Line Available $0.00 Anniversary Month March Opening Cashbock Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 CaAhack Bows Balance $ 0.00 To learn more, log In at www.Discover.com 3 Easy Ways to Contact Us 1. Access your account securely at www.Disco"r.com 2. Call 1-800-DISCOVER {1-800.347-2683) Please have your Discoverecard available. 3. Write to us at Discover, PO Box 30943, Salt Lake City, LIT 84130 (Not a payment address) par 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. ;TI 1V, LV 1L FUMV , VI L Payment InFormatlon New Balance $5,660.47 Minimum Payment Due' $677.00 Payment Due Date April 5, 2012 "Includes past due amount of $563.00 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 rww transactions may be increased up to the Penally APR of 22.99% variable. Minimum Payment Warning: If you make only the minimum payment each period, you wig pay more in interest and it will take you longer to pay off your balance. For example: Only the minimum 8 years $5,660 PoY"1e^t 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 balance, securely access statements, pay biAs online and easily track all transactions • Make your money worth moresm-find easy ways to earn and redeem cash rewards • NEWT Access your account securely through your mobile phone Trartsadions Trans. Post Date Date Fees TOTAL FEB FOR THIS PERIOD $ 0.00 Inmrsst Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2012 Totals Year-to-Date TOTAL FEES CHARGED IN 2012 $ 0.00 TOTAL INTEREST CHARGED IN 2012 0.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISC*VER 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/paperless C+s010 Discover Bank, Member FDIC PAPER.0310 v zz m D 0 0 0 e m w v w Questions? Visit www.Discover.com or D?CC•VER call 1-800-DISCOVER (1-800-347-2683}. i7 DISCOVEW CKERD DISCOVEK ? H pays to JEFFREY Account num number ending in 0234 number page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 29 days TYPE OF BALANCE Purchases 03/02/2011 and after 03/01/2011 and prior Cash Advances V = Variable Rate A EUA?PERCENTAGE INTEBA RCE RA? ECf TO INTEREST CHARGE 17.99% V 12.99% V 23.99% V $0 $0 $0 $0 $0 $0 Additional important Information See your Cardmsmber Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediately! Cal 1-800.347-2683. Wf sat To Do N You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover, PO Box 30421, 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. • Doscri lion of Problem: It you think there is an error on your bill, describe what you believe is wrong and why you believe it is o 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 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 ay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpoidpamount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Ey thrice 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 yyoou are still dissatisfied with the purchase, contact us in wriFina at: Discover, PO Box 30945, SUR 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. Payments. You may pay all or part of your Account balance ar any time. However, you must pay at least the Minimum Payment Due by the Payment Dus Date. Send only your payment and the top on of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic Fund fransfer from your account at the financial instihrtion indicated on your check or to process the payment as a check transaction. lF pa ent is processed w an electronic fund hansfer the transfer will be for the amount of the check. When we use information from your cheek to make an electronic fund transfer, funds may be withdrown From your account as soon as the same day we receive your payment, and you will not receive your check back From your financial institution. The !roces"ro ng ouyment may ba de layed iF you send cash, correspondence or other items wiur payment, if you aheForr prong reced at our plyour send your payment to Discover, PO Box 6103 Cord Slream, I! 601976103. ?se allow 7.10 days For delivery . IF your payment is returned unpaid, we reserve the rig?f b resubmit tt as an electronic debit. H-1-T NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER You can pay your monthly, Minimum Payment Due, or a greater amount that does not exceed your current Account balance, over the telephone or you' setup automatic payments through a customer service representative by calling 1-800-347.2683. Automatic payments will be deducted on the Payment Due Date unless you request a recurring payment date (e.g. the 15th day of the month) that occurs before your Payment Due Date. If your scheduled payment date falls on a weekend or bank holiday, your payment will be processed the business dayprior to the weekend or bank holiday. In order to schedule monthly payments telephone, you will need this statement and your bank account information. You will be asked to provide the last four (4 cligi of the social security number of the primary borrower. By providing those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment 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 applicable, to correct an error in the processing of such payment. You can cancel a scheduled payment by phone at 1-800.347-2683 or by mail at Discover, PO Box 30421, Sok Lake City, UT 84130.0421; however we must receive notice at least three business days in advance of the scheduled payment. IF your payments may vary in amount, we will tell you on each monthly billing statement when your payment will be made and how much it 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 automatic payments for: (i) statement New Balance, (ii) statement Minimum Payment {hie, (iii) statement Minimum Payment Due plus a fixed dollar amount, or (fv) a fixed dollar amount. IF your scheduled fixed payment is not enough to cover the Minimum Payment Due as listed on your monthly billing statement, your scheduled payment for that month will be 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. Ilyour scheduled payment is greater than the New Balance on your billing statement, that payment will be processed any for the amount of your New Balance. Your automatic payment amount may be less than the amount indicated on the periodic statement based on credits or payments after the Closing Dote. 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 + $ ? Fixed Pay$ Bank Routing Bank Account #: ; Frequency: Credit Re?pporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other de(auks on your Account may be reflected in your credit report. We normally report the status and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us of the following address: Discover, PO Box 15316, W lmington, DE 19850.5316. Please indicate your name, address, home telephone number and Account number. Paying q?torest: 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 tie 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 Pina Interest on Purchases ("Grace Period" iF you p i the Now Balance on your previous billing statement by the Payment Due Date 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 Date on your current billing statement. New Purchases are Purc?noses that First appear on the current billing statement. How We AppH Payment S May Impact Your Grace Period W ou rTa not pay your New Balance in earull cwt ffiien, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. How We Calculate Interest Charges - Daily Balance Method (including current transactions): We calculate interest charges each billing period by first figuring the "daily balance" for each Transaction Category. Transaction Categories include standardPurchases, standard Cash Advances and different promotional balances, such as Balance Transfers. How We Figure this Daily Balance for Each Transaction 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 day's daily balance and any new transactions and fees. We add any new transactions or fees as of the later of the Transaction Date or the first day of the billing period in which the transaction or fee posted to your Account. We subtract any new credits and payments. • We make other adjustments (including those adjustments required in the "Paying Interest" section). How We Figure 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 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. How We Include Fees 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 all other Fees to 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 $1.00 or more after 6 months, or as otherwise required by applicable law. For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discover0card is issued by Discover Bank, Member FDIC UNFEOOt Questions? Visit www.Discover.com or D'cJC."E? call 1-800-DISCOVER (1-800-347-2683). 1I _>.??wiill?isli???Ir11?)tla?aJ??r???t+1??1????.+.':? ? i , \ + s fa% U P E R S O N A L INFORMATION this iniorleatnn is roquired b canpleb 1h6 a kl[ M. Ec6ml 5400IdOmhmd Ln. Camp Hill, PA 17011-1828 Please provide a *sa address ff aboo addtees is a w. Box, and/or b6 a6ave oddrws is inoormd. INVITA70N * 901209AW16S 1-M DR- 01-SM INTIAL GIEDIT: Up to $50,000 PEPLYBY' Ap6176, 2DD5 1 SCHOOSE YOUR CARD ;.SIGN AND RETURN PAV3 YES.IWOdl6sa WIDWfyryaoco0Payllaetsanhowby ? e..&g in Discover AmoW0C- r0 Pl *dm. I rerderriond inl yy ))?? {? this pmwcsm is and f can cad d ay Elno. I have read J1 ' -- - - - - ^ ,3 - : X / ©J ord agae b lfk?ar AamaNGuold ?npuNnr Info mafim t u u rte v D be sel afar you have saviewed my inoncid in[ormm on. l lave DATE locobdao Iks bock. read and agroe t faforeafron on the baa4 of I+e biw. I cert fy Ihal 1 am a U.5- cNiam I a oete+oaeert rot der s, 18 a older and Ihal da 4rlormaion psanided is aacelale. W%Cd bEce. X _ Db CREDIT CARD ISSUER TRANSFER AMOUNT i f$ ! ,3 S S Our,File No.: 339836 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK vs. Plaintiff, JEFFREY M ECKERD Defendant. i' ILED-UF1 li c r' i M PRGTWMOTAIt c 2012 JUN 28 AM 14= 48 CTJkA D C +iTY MRSYLVARIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 12-3459-CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT - CIVIL ACTION TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned Civil Action for an additional thirty (30) days. APOTHAKER & Attorney A Law Firm Eneac BY: .:IATES, P.C. Debt Collection David J. Apothaker, Esquire Dated: 6/21/2012 'KPd al? Idq ?µ a-1 Baas SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson E PRO T Sheriff J' Jody S Smith 429 12 JUL 17 MM 9: 2 Chief Deputy Richard W Stewart " . "UMBERLAtc COUNT Solicitor PENNSYLVANIA Discover Bank vs. Jeffrey M. Eckerd Case Numbe 2012-3459 SHERIFF'S RETURN OF SERVICE 07/09/2012 05:36 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 9 2012 at 1736 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jeffrey M. Eckerd, by making known unto himself personally, at 540 Old Orchard La e, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, DE SHERIFF COST: $43.00 July 11, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF 1 r.; Cbunfy5ulte Shet Yl. ieieosctt h*.,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, ) Plaintiff, ) V. ) JEFFREY M ECKERD, ) Defendant. ) Plaintiff's Address: c/o DB Servicing Corporation 6500 New Albany Road New Albany, Ohio 43054 Defendant's Address: 540 Old Orchard Lane Camp Hill, Pennsylvania 17011 717-763-8643 No. 12-3459 ANSWER CIVIL ACTION ? -a Q z: t- mo ' - '? w 5. The Defendant specifically denies the allegations of Paragraph 5 of the First Count of the Complaint and demands strict proof thereof. The Defendant requests that Plaintiff be required to provide a detailed accounting of all alleged purchases, charges, credits, offsets and payments to the alleged account in order to permit further admissions and denials. 6. The Defendant lacks sufficient information after inquiry to either admit or deny the allegations of Paragraph 6 of the First Count of the Complaint, which are deemed to be denied, and demands strict proof thereof. 7. The Defendant denies the allegations contained in Paragraph 7 of the First Count of the Complaint and demands strict proof thereof. AFFIRMATIVE DEFENSES 1. The Defendant alleges that the complaint and each and every cause of action stated therein fails to state facts sufficient to constitute a cause of action against the Defendant. 2. The Defendant alleges that the amount claimed by Plaintiff has been inflated to include improper finance and other charges and late payment fees inappropriately charged by Plaintiff. The Defendant submits that these charges are unconscionable and that allowing Plaintiff to collect these amounts would be inequitable. The extra fees and costs applied by Plaintiff created an impossibility of performance. 3. The Defendant denies that Plaintiff is entitled to collect any additional amounts under any contract with Plaintiff. The Defendant contends that the excessive interest, late fees and penalties charged by Plaintiff result in there being no enforceable contract between the parties that would allow Plaintiff to recover the amounts claimed. 4. As a result of the excessive amounts charged by Plaintiff, the Defendant has not been able to reduce the debt, making performance of any obligation impossible. The Defendant contends that these fees should discharged in their entirety. The Defendant denies that Plaintiff is entitled to recover the interest that was included in the amount sought by Plaintiff, and demands an accounting of the manner that Plaintiff calculated the amounts prayed for in the Complaint. 5. Plaintiff has an affirmative duty to prove the amount of the debt. If the Plaintiff cannot prove the amount of the debt, this matter should be dismissed with prejudice. 6. The amount that the Plaintiff alleges is due is greater than the actual amount due, and therefore the Defendant demands a complete accounting. 7. This action may be banned by the statute of limitations. WHEREFORE the Defendants requests: 1. That the Complaint be dismissed with prejudice. 2. That the relief prayed by the Plaintiff be denied. 3. That the Court award such other and further relief as the nature of this case may require. 0, o' /? /Mz 9 4J dAey-M. Eckerd 540 Old Orchard Lane Camp Hill, Pennsylvania 17011 717-763-8643 Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that on thisgI/J day of a copy of the foregoing pleading was mailed, first-class, po a pre-paid David J. Apothaker Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, New Jersey 08054 800-672-0215 Attorney for Plaintiff Eckerd INDIVIDUAL VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF The undersigned, being duly sworn, deposes and says that: I am the defendant in the within-named action; that I have read the foregoing Answer to the Complaint and know the contents thereof and that same is true to the best of my knowledge, except as to those matters therein stated to be alleged upon information and belief and as to those matters I believe to be true. ffre erd Sworn to before e s ay of Notary Publ' * i11N, M ?1r'M _ ?qaf imf01t To Plaintiff Discover Bank: You are hereby notified to file a written response to the enclosed Affirmative Defenses within twenty (20) days from service hereof or a judgment may be entered against you. M. Eckerd 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, j t Plaintiff, ) No. 12-3459 -a ., =m C= c ANSWER v ) CIVIL ACTION °' t.., A , JEFFREY M ECKERD, `` Defendant. ) ANSWER OF DEFENDANT The undersigned Defendant hereby enters an appearance pro se in the above- captioned matter and answers the Complaint of Discover Bank as follows: FIRST COUNT 1. The Defendant lacks sufficient information after reasonable inquiry to either admit or deny the allegations of Paragraph 1 of the First Count of the Complaint. 2. The Defendant admits the allegations of Paragraph 2 of the First Count of the Complaint. 3. The Defendant lacks sufficient information to either admit or deny the vague allegations of Paragraph 3 of the First Count of the Complaint, which are deemed to be denied, and demands strict proof thereof. 4. The Defendant is without sufficient information to admit or deny the vague allegations of Paragraph 4 of the First Count of the Complaint. 5. The Defendant specifically denies the allegations of Paragraph 5 of the First Count of the Complaint and demands strict proof thereof. The Defendant requests that Plaintiff be required to provide a detailed accounting of all alleged purchases, charges, credits, offsets and payments to the alleged account in order to permit further admissions and denials. 6. The Defendant lacks sufficient information after inquiry to either admit or deny the allegations of Paragraph 6 of the First Count of the Complaint, which are deemed to be denied, and demands strict proof thereof. 7. The Defendant denies the allegations contained in Paragraph 7 of the First Count of the Complaint and demands strict proof thereof. AFFIRMATIVE DEFENSES 1. The Defendant alleges that the complaint and each and every cause of action stated therein fails to state facts sufficient to constitute a cause of action against the Defendant. 2. The Defendant alleges that the amount claimed by Plaintiff has been inflated to include improper finance and other charges and late payment fees inappropriately charged by Plaintiff. The Defendant submits that these charges are unconscionable and that allowing Plaintiff to collect these amounts would be inequitable. The extra fees and costs applied by Plaintiff created an impossibility of performance. 3. The Defendant denies that Plaintiff is entitled to collect any additional amounts under any contract with Plaintiff. The Defendant contends that the excessive interest, late fees and penalties charged by Plaintiff result in there being no enforceable contract between the parties that would allow Plaintiff to recover the amounts claimed. 4. As a result of the excessive amounts charged by Plaintiff, the Defendant has not been able to reduce the debt, making performance of any obligation impossible. The Defendant contends that these fees should discharged in their entirety. The Defendant denies that Plaintiff is entitled to recover the interest that was included in the amount sought by Plaintiff, and demands an accounting of the manner that Plaintiff calculated the amounts prayed for in the Complaint. 5. Plaintiff has an affirmative duty to prove the amount of the debt. If the Plaintiff cannot prove the amount of the debt, this matter should be dismissed with prejudice. 6. The amount that the Plaintiff alleges is due is greater than the actual amount due, and therefore the Defendant demands a complete accounting. 7. This action may be barred by the statute of limitations. WHEREFORE the Defendants requests: 1. That the complaint be dismissed with prejudice. 2. That the relief prayed by the Plaintiff be denied. 3. That the Court award such other and further relief as the nature of this case may require. y M. Eckerd 540 Old Orchard Lane Camp Hill, Pennsylvania 17011 717-763-8643 Defendant To Plaintiff Discover Bank: You are hereby notified to file a written response to the enclosed Affirmative Defenses within twenty (24) days from service hereof or a judgment may be entered against you. Eckerd CERTIFICATE OF SERVICE l I HEREBY CERTIFY that on this mat6loqAay of a copy of the foregoing pleading was mailed, first-class, pos a pre-paid to: David J. Apothaker Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, New Jersey 08054 800-672-0215 Attorney for Plaintiff / A/1. -/- ll*ffdy M. Eckerd INDIVIDUAL VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF ) The undersigned, being duly sworn, deposes and says that: I am the defendant in the within-named action; that I have read the foregoing Answer to the Complaint and know the contents thereof and that same is true to the best of my knowledge, except as to those matters therein stated to be alleged upon information and belief and as to those matters I believe to be true. t L //," 4/- /P I ' " 6iftmlV erd Swo to before 6 7m day of_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, Plaintiff, ) No. 12-3459 ANSWER V. ) CIVIL ACTION JEFFREY M ECKERD, Defendant. Plaintiffs Address: c/o DB Servicing Corporation 6500 New Albany Road New Albany, Ohio 43054 Defendant's Address: 540 Old Orchard Lane Camp Hill, Pennsylvania 17011 717-763-8643 Our file No.: 339836 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.# 55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK Plaintiff, vs. JEFFREY M ECKERD Defendant. Civil Action ANSWER TO NEW MATTER Plaintiff, DISCOVER BANK, by and through their attorney, answers the following N Matter: 1. Denied. Plaintiffs Complaint brings a valid Cause of Action against Defendant 2. Denied. Defendant owes the amount claimed in the Complaint. 3. Denied. Plaintiff is entitled to collect interest, incurred late fees. and legal cots pursuant to the terms of the cardmember agreement. 4. Denied. Defendant owes the amount claimed in the Complaint. Plaintiff ~ is entitled to collect interest, incurred late fees, and legal costs pursuant to the of the cardmember agreement. 5. No responsive pleading is required. 6. Denied. Defendant owes the amount claimed in the Complaint. `' ~i ~:U_ ~w r.}~L ~'~0 TN~kO ~'Ac~ ~. ?G~~Z BUG 1 b Ply ~: 34 ~~ PENNSYND COUNT LVgNIq COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 12-3459-CIVIL TERM 7. Denied. Plaintiff s claim is not barred by the applicable Statute of Limitations.3 WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged jn D -Collection ~~_ /~ / ~._--~~ . imber F. Scian, Esquire DATED: August 14, 2012 VERIFICATION Kimberly F. Scian, Esquire hereby states that I am counsel for plaintiff in this action, and that I authorized to take this Verification, and that the statements made in the foregoing Answer to Matter are true and correct to the best of my knowledge, information, and belief. The understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4 relating to unsworn falsification to authorities. i` ~,:. ;' ~~'-'~~ Kimber ~' Scian, Esquire Attorney for Plaintiff DATE: 8/14/2012 Our file No.: 339836 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.# 55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. JEFFREY M ECKERD Defendant. DOCKET NO.: 12-3459-CIVIL TERM Civil Action CERTIFICATION OF SERVICE I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on 8/14/2012, I mailed copy of the Answer to New Matter by Regular mail to JEFFREY M ECKERD 540 OLD ORCHARD LN CAMP HILL. PA 17011-1828 -_._. / ` ,/",- ~~~ Kimber .Scian, Esquire Attorney for Plaintiff Date: 8/14/2012 f=LE~-OF1=~i~_-_ C, r' ~~~ fi'ftQTH~kaQ ~~t;i Our File No.: 339836 APOTHAKI~,R & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorrn~y I.D. #307949 520 Fellowship Road C306 Mount Laurel. NJ 08054 (800)672-0215 Attorneys for Plaintiff DISC()VF,R E3ANK Plaintiff ys. JEFFREY M ECKERD Defendant NO.: 12-3459-CIVIL TE,F'>\~l Civil Action MOTION FOR SUMMARY JUDGMENT Plaintiff, DISCOVER BANK, respectfully requests that the Court enter an C;~rder granting Summary ,ludgment in its favor- for the following reasons: 1. There are no genuine issues of material fact to de~;ide. ~. Plaintiff, DISCOVER BANK, filed a Complaint ro recover a $5.66(1.47 halance on the defendant's delinquent account with DISCOVER BANK. A copy of Plaintiff s Complaint is attached hereto as Exhibit "A" and incorporated by reference herei~~~. 3. Defendant, JEFFREY M ECKERD, filed an Answer to the Complaint in tiyhich defendant sidesteps answering any of the averments in Plaintiffs Complaint, essentially disputing al( averments. A copy of Defendant's Answer is attached hereto as Eh:hibit `B" and incorporated by reference herein. 4. I3y letter dated August 14, 20l? Plaintiff served on defendant a request G.~r 2Q 1 ~ OCT 29 AID I I ~ ? I CUMBERLANp Ct~IJ~i'i` PENNSYLVANIA COURT OF COMMON PLEA~~~ OF CUMBERLAND COUr.f'T'~' admissions, a request for production of documents and interrogatories. 5. By letter dated September 18, 2012 Plaintiff sent afollow-up letter i~a defendant ad~~~ising that responses to discovery had not yet been received. 6. To date, Plaintiff has not received a response to said discovery requests. 7. The requests for admissions are now deemed admitted pursuant to P:~.R.C'.P. No. 4O14(b ). 8. Defendant has therefore admitted the following: ~(1) Defendant applied ior, was issued.. received, accepted, and signed the credit card at issue herein; ~2) Defendant used the card tc~ ~~ake purchases, obtain extensions of credit. and obtain cashi advances: (" ~) Each time defendant used the Account, defendant agreed to the terms of the Account: (~}) Dcff°ndant received monthly credit card statements and did not dispute any of the charges Iiste~l therein: (5) Defendant has failed to fully repay the outstanding balanr,;e; (6) Plaintiff is the o~~l-ner of the Account; (7) Defendant owes Plaintiff the amount of money Plaintiff seeks herein. 9. In support of its claim, Plaintiff attaches hereto the Cardmember Agreement and credit apl~~lication for defendant's account. 0. Plaintiff also attaches hereto copies of multiple credit card statements for defendant's account. 11, The attached credit card statements begin with a statement evidencing a previous balance of $0.00 and end with a credit card statement evidencing an outstanding ba~~,ance matching the damages Plaintiff seeks herein. 12. Defendant has failed to sustain the burden of presenting facts which c~n~~.tradict the avcnnents of Plaintiff s Complaint. 13. Plaintiff has demonstrated that there is no genuine issue of triable fact. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and again:>t Defendant(s) for the sum of $5,660.47 plus court costs of $158.50, totaling $5,818.x?"~~. APOTHAKER & ASSOCIATES, F'.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Benjamin J. C vallaro. Esquire ,~ ~,,, Our File '~Io.: 339836 APO"I~HAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney LD.#307949 520 Fellowship Road C306 Moun~~ Law-el. NJ 08054 (800)672-02I5 Attornev~ for Plaintiff COURT OF CC-MMON PLE~~.`~ OF DISCOVER BANK ) CUMBERLAND COL!>`J~I~`r' Plaintiff ) ~'~~ ) NO.: 12-349-CIVIL. TI;R~~1 JEFFk:EY !~1 ECKERD ) Civil .Action Defendant ) CERTIFICATION OF SERVICE I. Benjamin J. Cavallaro, Esquire. attorney for Plaintiff, certiiv that on !'' i C ~ ~~,~~ _ _~~~~, I caused to be served a copy o~F Ilaintiffs Order. Motion for Summarti Judgment and Brief in support thereof by regular mail to: JEFFREY M ECKERD 540 OLD ORCHARD LN CAM1~ H1LI., PA 17011-1828 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Benjami aro. Esquire ~w Our File No.: 339836 DISCOVER BANK Plaintiff ) `~' ~ , ~ ` _.~ vs. ) NO.: 12-3459-CIVIL TERM -;~~ ~ ® ~,3 i; ; ~' ~~ r~i ~ s rc-t JEFFREY M ECKERD ) ~ r°- ~ cy `~ Defendant ) r~-~- w ~ ~ i ~'' ~ PRAECIPE FOR LISTING CASE FOR ARGUMENT u, ~', , 4„~ w _.. TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matt er for the next Argument Court. 1. Matter to be Argued: Plaintiff s Motion for Summary Judgment 2. Counsel who will argue cases: Apothaker & Associates, P.C. Attorneys for Plaintiff 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 JEFFREY M ECKERD, Pro Se 540 OLD ORCHARD LN CAMP HILL, PA 17011-1828 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 21, 2012 ~-..~ BY: Ben ~r6, Esquire for Plaintiff 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 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 ADMINISTRATOR (not the Prothonotary) after the case is relisted. l~- Our File No.: 339836 F r t THrmo APOTHAKER& ASSOCIATES, P.C. �D� � � BY: David J. Apothaker, Esquire (9 PH ;r 38 Attorney I.D.# 38423 CUMBERLAND COO Mount Fellows i NJ 0 054 06 PENNSYLVANIAN T Y (800) 672-0215 Attorney for Plaintiff DISCOVER BANK ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY Plaintiff, ) vs. ) ) JEFFREY M ECKERD ) NO. 12-3459-CIVIL TERM ) ) Defendant. ) ) PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER& AS OCIATES, P.C. Attorneys fo Plaintiff A Law FirmiEngage in Debt Collection By: David J. A 5othaker, Esquire II I*1 1111 3 3 9 8 3 6 D I S M 1 - *