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HomeMy WebLinkAbout12-7513IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ~ c c.a ""'~ "~"t Discover Bank ~~ ~ ~ ~° v Through Its Servicing Agent, ~x ,. ~ ~ DB Servicing Corporation r-~ ~ ~ -v ~'„~ 1a~~s13 i~L x~ ~ Plaintiff No: ' ~ ~, x - .. a ~r'+ y vs. COMPLAINT IN CIVIL ACTION -~ ~ KENNETH A SHOLLEY Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 30060117 C A Pit SJS S U~ ~ /G~'3U~/o~ ~a 8g3a 9 ~_ 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 KENNETH A SHOLLEY Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, Discover Bank, is a banking institution organized under the laws of the State of Delaware and maintains a business address of 12 Reads Way, New Castle, DE 19720. 2. DB Servicing Corporation is the servicing affiliate for Discover Bank, f/k/a Greenwood Trust Company, an FDIC-insured Delaware State bank. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including, business management services in support of Discover Bank business lines, including, among other things, credit cards, deposits, personal loans and student loans, customer service, collections, credit risk, collection of delinquent accounts and other support services. The collection of delinquent accounts includes the right to forward the account to the attorneys and/or collection agencies for collection and to file suit on Discover Bank's behalf. 3. At all times pertinent hereto, DB Servicing Corporation is the servicing affiliate for Discover Bank, in reference to Defendant account, which is the subject of this litigation. 4. Defendant is adult individual(s) residing at APT 101 2901 SOCIETY CAMP HILL, PA 17011 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8783. 6. Defendant made use of said credit card and has a current balance due of $5601.60. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1". 7. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 8. Although 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, KENNETH A SHOLLEY, INDIVIDUALLY, in the amount of $5601.60 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. ~~~~ William T. Molcz ,474.7 WELTMAN, WEINBE & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412} 434-7955 FAX: 412-338-7130 ~# 30060117 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 Dw Account Number ending in 8783 QISC~VER 50.00 ' S938.oo Enter Amount Encbsed Bebw Payment Dw Dde __ _ _, February 26, 2011 31 SDSN6A010008725 KENNETH A SHOT LEY Text APP to DISCOV• to receive a Iktlc to our APT 1 O i ~° rtiobNe'PP wtd Pe!' your bbl in seoonde from anywhere! 2901 SOCIETY HILL DR CAMP HILL PA 17011-8113 PO BOX 6103 Illusllnnslluullsllrrl CAROL STREAM IL 60197-6103 Addras, email orblephone changes Irllnllnunlllrlnlurlrllnnrllllnurllrllnr ~~~~ Go ro www.Diseovercom a print change in spou above. 000001986458201971187000000000000000093800 ~~ Dale January 25, 2011 -Goring Dab: Jam Discover More Card Account Summary Account number ending in 8783 Previous Bakmce 55,601.60 Payments And Credih 5,601.60 Purehosa + 0.00 Baksnce TransFxs + 0.00 Cosh Advances + 0.04 Fees Charged + 0.00 Irerest Charged _ + 0.00 New Balance .00 See Interest Charge Cokulation section Following transactions Fa detailed APR inFormation Credit tin. SS,200.00 Credit line AvaiFoble 50:40_ Cash Advance Credit line 62,300.00 Cash Advance Credit line Available 60.00 vey ~ ~, ~~ ~ ~ pogo t a s Paylllent Information Nsw Baksnce 50.00 Minimum Payment Dus 5938.00 Payment Due Dab February 26, 2011 Lob Payment Warrs~g: If we do not nesiw your minimum payment by tM date listed above, you may haw ro pay a krb fee of up ro 635.00 and your purchase and bokukrtransf~r APRs for new transactions may bs increased up ro the Penalty APR of 23.24X vaiable. Nbno~ Your Account onlin. at www.Discover.aom Securely access atadenrerMs and five online roots, pay bibs online and track aid view aA tramacliaa simply pnd easily Make your many worth moron-find easy ways ro earn -and redeem cosl+ rwrards NEWT Access your account securely through your mobile phom 3 Easy Ways to Contact Us C e011ute Anniwr -,~~ 1 Access your account securely at www.Dacevw.oom ~' 2. Cab 1$OO~DISCOVER (1.800.347.2683 . May Phxne haw your Diseovae cord . Opening Coshback Bonus Baksnce S 0,00 3. Write b us d Discover PO Box 30943, Nsw Ca:hback Bonus 7hia Period + p,00 SaB lake City, l1T 841 ~0 (Not o paymerM address) Fa payments, w send ro oddrea on remiMonce a Cashback laws lalence S ' 0.00 Dixover PO 6103, Card Stream, Il 60197.6103 To Morn man, by to m www.Disasw-.eom Fa TDD (Telecommunications Dwice for Iln Deafl assistance, please cab 1-800.347-7449. Transactions o ~:. oPoe~» PeymerMs essd Csedrls ton 31 Jan 31 INTERNAL CHARGE•OFf 5 -5,601.60 Fees TOTAL FEES FOR THIS PERIOD S 0.00 - Irrlesest Charged TOTAL b~ST FOR THIS MOD S 0.00 2011 Totals Yearto-Date TOTAL FEES CHARGED IN 2011 TOTAIINTEREST CHARGEDIN 2011 30060117 35.00 75.09 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION P©perless sro~emenfs n»e~on less clutter, more convenience Easily access up to 24 months of downloadable, password protected statements. • See your statement as soon as it's rnaibble rather than wait for it ro arrive in your mailbox. • Get helpful payment reminders through email or text messages on your mobile phone. • Print a poper copy of your statement onytime. • Sign up today at Di~scovercom/paperbss 02010 DNcovr Bank, M•mbv f01C O }g_o{ di pV N N 30060117 PAPER0,710 tonS~ Visit www.Disoover.oan or call 1-800-DISCOVER (1-800.347-26831. ~~~~ D#SC''.~VER tr pays a i KENNETH A SHOLIEY r~Y~ ~ Account number ending in 8783 pogo 2 of 2 IfMierest Charge Caku Yow Anrwal Percenbge Raga (APR) is firs annul inlered roe on your account. GwrerM 9iiny Period: 7 days lY1E OF Mt/i1VCE hindaws' Od/13/2010 and elite! 0!/14/2010 and prior cash Advance: R~PERCENTAGE ~51~ ECI TO IWTEREST CFIARGE 18.24% V 13.24% V 23.99% V SO :0 s0 s0 so so V . Variable Rote • Daps apply b nor promotional purchoaes and b expirod promotions with stet dates within the specified date range nddMfenei Mnporlak rr(orssselierr. See yosrr Cardnsesnber ApeerrseM. Your Cardmember Agreement contains aN dre terms of your Account. Laster elo{ex cards. Report immediately) CaN 1.1N00~347.4683. IAllser Ts iae B Yw RHieilr Yeu (~ i 0 n. y .. a....----- IF you think then is art error on sfatenrenF, write b ua af: Discover. PO Box 30421 Sak Loks City, UT 84 1 34042 1 In yaw letter, give us M+e Foltow~g information: Yow name and account number. - - {: Tlse doNar amowrt of dre suspected error Qf R~b~iII: If you think there is an error on your biN, descrik» whd you beliws is wrong and why you believe iF is a m e. You must contact u: within 60 days aBer the cent appearod on yaw dGerneM. You must nofify us of any poteMid errors You may caA us, but if you do we aro not roquired b invedigate any potential errors and you may have b pay file amount in quediorr. While vvs investigate wFaNnr ar rat there has been an error,lFre foNowirrg are five: We cannot fry b coNsct the amow~t in quedion, or report as delinquent on thud amount. The c in may remain an your sblerned, w• may oatlimre b charge you intered on tFwF amawd. But, if we deN~rmfi» made a mistake, you wiN red haw b pay do amount in question ar any interest or other fee: elated to that amount. While you do not haw b pay the amourrt in question, ~ aro raponsibk fa the remainder of yaw bakmce. We avn apply any unpri amount ogaind yaw credit imN. Year ~laldi N Yes.Ins O~edieBesi rNNA y If you are dissaNafl.d with the or services flat you how pwchased with yaw credit card, and you how hied in good faith b coma the prwith the merchant, you may haw the right not b pay N» remaining amount des on the purchase. To use this right, aN of the fdkswirsg must bs hue: 1 The purchase must haw been made in yaw home state or within 100 miles of yaw current moiling address, and the purchase price must haw been moro than s50. )Nate: Neither of these are necessary i~yoai purclaa w)as based on an advertiaemeM w• maiad b a if vvs own the company that sold you the or services. 7: Yau'miuF how usrld yair crediF cord-for flit!' p rclios.. Purchases made wFNi cash advoiiebs Tram cn ATKifor with a check that accesses your credH card accowi do rat qualify. 3. You must not yet how fuNy paid for the purchase. IF all of die crituia above aro met and ors still dissaBaRed with Ifie purchase, contact us l0.,10QIti0ti at: Discover, PO Box 30945, Sah iak~ Ci yl , UT 84130A945 Whits ore invedigate, the some rules apply b 11ie disputed amount as discussed above. After vw finish ow invedigation, we wrN tel( you our decision, At that point, iF we think you owe an amount and you do rat pay vw may report you as delinquent. Peynsenq. You maypa aN ar pat of yaw Account baksnw ~ any time. However; you mud pay at least tM Minimum Payment Due by M+e PoyymeM Dw Date. Send arty your payment and the bP porfion of Ihia atdemeM in fM enwbpe provF~ed. Do not send cash. BY sending yaw check as deserted oboes, y,ar oulhari~a us b use informotia~ on your kheck pboyma~ke~on electronic fwrd h~ansi~a fproaymmyaw account of Ihs finmrcial indihAion indicated on your check or b proems ifu ihi eheek~Whsn a use nformotion from~yow c~heek~b make an elechon~ k~furdhons~ir~(unds ~~may~ybe wilhdra~vvn frpn yair account as soon as die sums day we receive your payment, and you will red roeeiw your check back from your financial inditulion. procsa ng you Paym~ ~Y be delayed iF you send cash, comsponderice or other items with your payment, if you send tM :Paymen- to ~r y otMr address or iF you use an enwbpe oHrer Ihan 1M one prw,ided. Payment received in proper form at our proceasine (ocihlly y 5PM local time on any will be rndited b ~yyoouur Account as of that day. Payments rocsiwd of ow proceairig faycljdy afar 5PM kseal Hme wiN trolled b Accowif as ~ the card day if you how misp ~ed_ your en Ivfelope, send your payment to Discover, PO Box 6103 Carol dream, Il 60197.6103. Plsoas opow 7.10 days very. your payment is rehxried unpaid, we reserve the rig~if b resubmit ff os an electronic debit. 30060117 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION You car p~moMhly Minimum PaymerY Dw, «a amount Ihaf does not exceed your eurrer~ Account balance, over the Fs «y ccm aMup aulomdk paynari~ a cusbmer sertip represerdafiw by calving . 1-804347- d83. Avl~ maNe paynrenls wiN be did on the Payarwnt Due pate unkasa you request a rocurn~~~rnr~~ daT. N. TFre 1 sN, aF th. manlh) That occurs before your Payment Due ode. If ecFrduled payment dofe~ w « battle hali~oy, yaw wiN be proowNd the business day i« b lla weekend « b«dc hdiday. M dK moFwymsn-s by you wiN need Nria statement arrd~pow bank accourN information. You wtN be askd bovr~ the ks~ 6ow (4}_ of tM exist segxdy number of the pnmary barovwr. 8y providing thaw numbers as yaw k sigrwhrn, you w be agreeing b Ihis aedrorizalion b aNow us and your bank to deduct each p~y~~ ouTharize, In ilrs arrourrf selecNd by you, from yaw bomk account. You also aulfrorizs us to initiate debit « ciedk enineai ro your book atto~, as applicable b correct an error ie the processing of wch paymeN. You con cakel o xheduled payment by phone d 1.880044347-2683 « by moil d Ohcowr, P'O Box 30421 SaN take City, UT 84130.0421, however we must receive nonce d lead Auee business days in odvatroe of the sdduled paynrenf. IF your payments may vary in anrorart, we wiN IeN yvu on each y bitting dolsrnenl when yaw payment wiN bs mode and how much it wiN be. You must ensure that wificienl (ands «e ovoi blla a in yaw bank account, and all tronsacFions must comply with U.S. law. You con eel aulomdk payments for' (i) staferrrerrt New Balance, (it) statement Minimum Payment Dw, (iii) statement Minimum Poymstd Dus s a fixed doN« amount, « (iv) a fixd daN« amount. IF yaw sehedrled fixd paym.rit rs iwl ro cover the Mmhnum Ow as listed on your morMhly ~stdsmeM, your sclrsdtild payment for Nrd month wiN inereaeed b cover die Minimum Payment Due. IF the payment is than the Minimum Payment Dw, airy exeett w~ be ied in accordance with your Cardnrember Agreement. If-your cfredrrldacf paymerd is gnsohr than the Ndw Balance on yow~ 6iNiee~~ statement, the payment wiM be prose o~y fm the amawd of yaw IWw Bolorrce. Yaw aubmd-ie Ckisirrg Dant maylse less dram die amount indicated on tire~periodk statanenl based on credits « paymsrr~ after tM 1f vau enroN by pFane in our ouromatic payment :ervia, pleoss+ fiN-in the Folawirrg bbnks bebw and reroin the authorization tai yaw records. Amount: ^ Fuq Pay ^ Min Pay ^ Min Pay + S ^ Fixed P S ay Bonk Baiting M: Bank Account te: ,Frequency; Credit We may report information about yaw Account b credit bureaus. laq payments missed poymerds, « olirer d~ yaw Accourd may be nAechd in your rndN rreppoorrtf We normaNy repai the skrlui and errt hisbry of yaw Aoeourf b credit reporting agencies each month. IF you believe Ihd owrepor1 is uraecurats « incomM, pksow wriN us d drs foNowing address: Discover, PO Box 15316, Wikningbn, DE 198545316. Pleaw indicde yaw name, address, home N number and AccourM rwmber Payify Win ro impow hiNred Charges on aN franaactions from the Transaction Dole for the tronsadion shown on bi unless a haraaction is poled b your Account a(Nr the eksse of Ilre billing period in whkh it occixs, in whidr saw vie begin b impost inlered charges on Ural iansadion from die fief day of ilre biNi od in which M is posNd b yaw Account. We cordimw b impow hMsred Chagos until die dde you payyour erMin New Bokuxe shown on your staNared by making payer is «receiving credits. If you paid the IVew Balance on biNing stoterrrerrt the Payment Dw Dde sh~vn on that ng sFahrnenf, we wiN red impooe InNnst Ch«ges on~nwv purch~ws, Nrd is, first ing on Nre crnrerd biMirrnb~ dotemerd, or anZ portion of a new purcho~e, paid by Ifre Payment pw Doh on your cucrenl bi~skatesrrerit. We caN this (f"ie "grac. s period. It is not Iran than 25 days. There is no brace ppeerrNOd on bake+ce trarrslers « advanaa. As man ~y dexn m the section of yaw Cadmem Agreement lilted "flow W~Payments," we gersnally apply pawneMs ~o your Account based on 1F» APR applicable ro tfie bakmcs of each Ma eo~ory This means fiaF R you do not pvy the New Blanes on the ewrenf being stctsmeM by the Payment Due Dates shown on 1Fra1'bNNrig ~Nmenf, Nren, depending on the amount of your payment and tM APRs on other bolonces, you may not get a grace period on new purchases. Ansrwl Few If yaw Account has an amud fee, B wiN be biNed d the begirxring of each anniversary ye«yrx~r Account is ope(ny. Ths anount of the fee appe«s on the statement when die fee is bi led. The annual fee is not refundable unless you ndr.' ua brat yrw wish to clove yaw Accour4 within 30 days of the mailing or deiiwry dais of Ma statement on whkh the fee is .You wiN neceiw this nfurrd even iF you use your Card during the period. Flonsr MAe Cetkulase tntssse- CFwry.e DeNy Balersce Method (irt<luding current A~ansaclionsl: We figure Interest Charges leer each biMirp period. To do this: We calurlo-e you InMrat Charges seporaNly far each balance wbjsd b different forms (far example, sbndard pusch~ s~standid ~ rrefsr blhsse ~rxesp os ties ix ian~s~rrFa«id cash advance balaxe subieet to We figure tM "daily balatrce' f« colt transaction cdegory. To get the "daily baksncs" we take Nre be~innirig baksna far each day, add any new hansoctians and tees and any Intend Charges aarwd on 1M prwroue day's daily bdanee. W~ then subkael ony~rndib and eras and make ollrw adjudrnents (including those M~ "wind in the section tilled •Payirg ~"). In ookulatirtg lhs da~fxslarree For the first day of tM bi period, Nre coroider the "prwious dot's iy baksnce" b how been yaw lance on the last day of yaw prwrous brMirrg period. This gives us the daily baksnu for each hansodion category. We Nom InNnst Charges on your Accowif by mukiplyirg Nre daily balance for each Irons«tion category by its da periodk roN, F« each day in die biNing period. The fold Inlered Charges f« the biting period an die sum of the daily Irrlerest Charges for each transaction category For each day doming Nrd biNirrg period. When vw cakarkrte daily boksrras w• add a new transaction as of Are Transaction Doh shown on yaw billing stderrrerit, carless Ilrs is postd b your Aacamt after the skew of the biNi period in which R occurs, m which cwe dte Mansacliorr iadded b Ihs daily, self la as of the first day of Nre bung period in whkh N is p~ b you c~ I fees b your Aeeoisnt an added b the standard purchase hanwction a wNh Nre exc on of tea whk are addd b tMappIitab1e cash advance hanaaetion category and Bas Transfer Fsss which an added b the applkabis balance h«isfer transaction caegory. Credit ifrwsoss. If your Accowrl has a credit baksnce, die amount is shown on die 6ont of yaw billing dahmsnt. A credit bolana is money drat is owl to you. You may make charges agoind this amount if yaw Account is open. We wiN vend you a nhrrrd of any nmainirrg balance of S 1.00 « man o 6 months, or as oNrsrwise required by applicable law. Fer Tf1p (TileeerrrrwnieeAwrs Oevioe far Ilse DeaQ eidslarree, please eaN 1-800.347.7449. Di n« and/or record teksphone sags beNvesn you and Dixowr representatives for qualify assurance fw~ The Dixowrmcard is revel by Dixowr Bonk, Member FDIC otteict7z 0 QIl~ON1S? Visit www.Discover.coTnn or ~~~ call 1-800•DISCOVER (1-800-347-2683. VERIFICATION ~ `\ ~~~ Le al Placement Account M er (N~e) (Title) of DB Servicing Corooration 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 plaintiff herein and authorized to make this verification, and that the facts sets forth in the foregoing Complaint are true and accurate 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 aFDIC-insured 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 and/or collection agencies for collection and to file suit on Discover Bank's behalf. Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Services. Date ~~~~~~~~ KENNETH A SHOLLEY XXXXXXXXXXXX8783 (Signature) DB Servicing Corporation serving affiliate for Discover Bank PO Box 3025 New Albany, OH 43054 WWR# 30060117 C A Pit SJS