HomeMy WebLinkAbout13-4308 30097785 C A Pit SJS
Supreme Consvlvania WWR
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Cour of Comm onPleas
Ci i]l CoVerrSh M For Prothonoraq Use Only: r .,
C UMBERLAND h ` k� Docket No:
County
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777e information collected on this fibrin is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by low or rules of court.
Commencement of Action:
S M Complaint ❑ Writ of Summons ❑ Petition
E Transfer from Another Jurisdiction Declaration of Takin
DISCOVER BANK
C
Lead Plaintiffs Name: Lead Defendant's Name:
T ERIC JAMES DEITER
I
C Are money damages requested? Erb Yes ❑ No Dollar Amount Requested: ® within arbitration limits
N (check one) ❑ outside arbitration limits
Is this a Class Action Suit? ❑ Yes 13 No Is this an MDJ Appeal? ❑ Yes lxl No
A
William T. Molczan,47437
Name of Plaintiff /Appellant's Attorney:
❑ Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
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[3 Product Liability (does not include [3 Employment Dispute
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Updated 1/1/2011
r
NOTICE
Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part:
Rule 205.5. Cover Sheet
(a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the
following:
(i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq.
(ii) actions for support, Rules 1910.1 et seq.
(iii) actions for custody, partial custody and visitation of minor children, Rules
1915.1 et seq.
(iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq.
(v) actions in domestic relations generally, including paternity actions, Rules
1930.1 et seq.
(vi) voluntary mediation in custody actions, Rules 1940.1 et seq.
(2) At the commencement of any action, the party initiating the action shall complete
the cover sheet set forth in subdivision (e) and file it with the prothonotary.
(b) The prothonotary shall not accept a filing commencing an action without a
completed cover sheet.
(c) The prothonotary shall assist a parry appearing pro se in the completion of the form.
(d) A judicial district which has implemented an electronic filing system pursuant to
Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the
LRWes this rule.
The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural
mmittee, shall design a nd publish the cover sheet. The latest version of the form shall be
on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us.
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20. AL 2 3 APB 7
("UI` BERLAND Caur4
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK (�
Plaintiff No: l �� 0 c l
vs.
COMPLAINT IN CIVIL ACTION
ERIC JAMES DEITER
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
30097785 C A Pit SJS
'/L/n
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No
ERIC JAMES DEITER
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 4902 CARLISLE PIKE
PMB 34 MECHANICSBURG, PA 17050
5. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX4614.
G. Defendant made use.of said credit card and has a current balance
due of $5618.53. A copy of Plaintiff's STATEMENT is attached hereto,
marked as Exhibit 11 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 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, ERIC JAMES DEITER, INDIVIDUALLY, in the amount of $5618.53
with interest at the statutory rate of 6.00 o per annum from date of
judgment and costs.
Wil 1 i � a ✓ m T. MolczV
47437 WELTMAN, WEINBER REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434 -7955
FAX: 412 -338 -7130
WWR## 30097785 C A Pit SJS
This law firm is a debt collector attempting to collect this debt for
our client and any information obtained will be used for that purpose.
DISCOVER - Discover Motiva Card
Account number ending in 4614
Open Date: Apr 5, 2013- Close Date: May 4, 2013
Cardmember Since 1999
Page 1 of 4
ACCOUNT SUMMARY PAYMENT INFORMATION
Previous Balance $5,618.53 New Balance $5,618.53
Payments and Credits — $0.00 Minimum Payment Due ` $778.00
Purchases + $0.00 Payment Due Dote June 1, 2013
Balance Transfers + $0.00 " Includes past due amount of: $665.00
Cash Advances + $0.00
Fees Charged + $0.00 Late Payment Warning: If we do not receive your minimum payment by the
Interest Charged + $0.00 date listed above, you may have to pay a late fee of up to $35.00.
New Balance $5,618.53 Minimum Payment Warning: If you make only the minimum payment each
See Interest Charge Calculation section following the period, you will pay more in interest and it will take you longer to pay off your
balance. For example:
Transactions section for detailed APR information
Credit Line $6,300 If you make no additional charges You will pay off the And you will end up
using this card and each month balance shown on this paying on estimated total
Credit Line Available $0 you pay... statement in about... of..:
Cash Advance Credit Line $3,200 Only the minimum payment 12 years $5,619
Cash Advance Credit Line Available $0 If you would like information about credit counseling services, call 1-800-347-1121.
You may be able to ovoid interest on Purchases.
See reverse for details. REWARDS
Cashback Bonus® Anniversary Month
September
Contact Us Discover.com Opening Balance $ 0.00
1- 800 - 347 -2683 New Coshback Bonus This Period + $ 0.00
Redeemed This Period — $ 0.00
Cashback Bonus Balance $ 0.00
To learn more, log in at Discover.com
Make Check payable to Discover. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
Please fold on the perforation below, detach and return with your payment.
Payment Coupon 0 Pay Online O Pay by Phone Account number ending in 4614
Please do not fold, clip or staple. Discover.com 1 -800- 347.2683 Minimum Payment Due $778.00
New Balance $5,618.53
Payment Due Date June 1, 2013
ERIC JAMES DEFER Amount enclosed I s
4902 CARLISLE PIKE PMB 345
MECHANICSBURG PA 17050 -3079
PO BOX 71084
p' poCC CHARLOTTE NC 28272 -1084
3009Ueafij Internet payments must be received by 5PM ET to be credited as of the same day.
Address, e-mail or telephone changed? Note changes on reverse side. EXHI tt
00000198645036518585205618530 0350000077800
ERIC JA MES DEITER Account' number ending in 4614 Open Date: Apr 5, 2013 - Close Date: May 4, 2013 Page 2 of 4
Important Information If
statement when your payments may vary in amount, we will tell you on each monthly billing
See your Cardmember Agreement. Your Cardmember Agreement contains must ensue that sufficient funds a available in y bank account, and all
all the terms of your Account. transactions must comply with U.S. law.
Lost or stolen cards. Report immediately! Call 1 -800- 347 -2683. You can set automatic payments for: (i) statement New Balance, (ii) statement
Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed
What To Do If You Think You Find A Mistake On Your Statement dollar amount, or (iv) Other dollar amount. If your scheduled "Other dollar
If you think there is an error on your statement, write to us at: Discover, PO amount" payment is not enough to cover the Minimum Payment Due as listed
Box 30421, Salt Lake City, UT 84130 -0421. You must write to us within 60 on your monthly billing statement, your scheduled payment for that month
days after the error appeared on your statement. You may call us, but if you will be increased to cover the Minimum Payment Due. If the scheduled
do we are not required to investigate any potential errors, and you may have payment is greater than the Minimum Payment Due, any excess will be
to pay the amount in question. The Billing Rights Notice further explains your applied in accordance with your Cardmember Agreement. If your scheduled
rights. Please see your Cardmember Agreement or visit payment is greater than the New Balance on your billing statement, that
https: / /discover.com /billingrights for a copy of this notice. payment will be processed only for the amount of your New Balance. Your
automatic payment amount may be less than the amount indicated on the
Payments. You may pay all or part of your Account balance at any time. billing statement based on credits or payments after the Close Date.
However, you must pay at least the Minimum Payment Due by the Payment
Due Date. Send only your payment and the bottom portion of this statement If you enroll by phone in our automatic payment service, please fill -in the
in the envelope provided. Do not send cash. If you pay by check, you following blanks below and retain the authorization for your records.
authorize us to use information on your check to make an electronic fund
transfer from your account of the financial institution indicated on your check Amount: 11 Full Pay [] Min Pay CI Min Pay+ $
or to process the payment as a check transaction. If a payment is processed 11 Other Amount $ ; Bank Routing #:
as on electronic fund transfer, the transfer will be for the amount of the Bank Account #
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 Monthly on the Payment Due Date Close Date
day we recei 11 ve your payment, and you will not receive your check back from
your financial institution. 0 Day of month (insert date)
The processing of your payment may be delayed if you send cash, Credit Reporting. We may report information about your Account to credit
tems with your payment
correspondence or other i, if you send the payment to bureaus. Late payments, missed payments, or other defaults on your Account
any other address or if you use an envelope other than the one provided. may be reflected in your credit report. We normally report the status and
Payments received in proper form at our processing facility by SPM local time payment history of your Account to credit reporting agencies each month. If you
at
on oury day ss be facilit rt after your
PM Account
ocal time will be credited Pa
o our Accoun following address: Disco Box 1531 DE 19850 -5316.
pl ease
as of the next day. If yo have misplaced your envelope, send your payment Please include your name, address, home telephone number and Account
to Discover, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7.10 number.
days for delivery. If your payment is returned unpaid, we reserve the right to Paying Interest. Your due date is of least 25 days after the close of each
resubmit it as an electronic debit. Payments made online or by phone will be billing period. We will not charge you any interest on new purchases if you
credited as of the day of receipt if made by 5 PM Eastern time. pay your entire balance by the due date each month. We will begin charging
You can pay your monthly Minimum Payment Due, or a greater amount that interest on cash advances and balance transfers as of the later of the
does not exceed your current Account balance, over the telephone or you can Transaction Date or the first day of the billing period in which the transaction
setup automatic payments through a customer service representative by posted to your Account.
calling 1 -800- 347 -2683. Automatic payments for the billing period shown Flow We Calculate Interest Charges. We Use the Daily Balance Method
on your statement will be deducted on the Payment Due Date shown on that (including current transactions) to calculate the Balance Subject to Interest
statement, or the next automatic payment date referred to on your statement,
unless you request a recurring payment date (e.g., the 15" day of the month) Rate. For more information, please call us at 1 -800- 347 -2683
that occurs before your Payment Due Date or Close Date. If your scheduled Balance Subject to Interest Rate. Your statement shows a Balance Subject
payment date falls on a weekend or bank holiday, your payment will be to Interest Rafe. It shows this for each transaction category. The Balance
processed the business day prior to the weekend or bank holiday. In order to Subject to Interest Rate is the average of the daily balances during the billing
schedule monthly payments by telephone, you will need this statement and period.
your bank account information. You will be asked to provide the last four (4)
digits of the social security number of the primary borrower. By providing Credit Balances. If your Account has a credit balance, the amount is shown
those numbers as your electronic signature, you will be agreeing to this on the front of your billing statement. A credit balance is money that is owed
authorization to allow us and your bank to deduct each payment you to you. You may make charges against this amount if your Account is open.
authorize, in the amount selected by you, from your bank account. You also We will send you a refund of any remaining balance of $1.00 or more after
authorize us to initiate debit or credit entries to your bank account, as 6 months, or as otherwise required by applicable lo, or upon request made
applicable, to correct an error in the processing of such payment. You can to the address in the Contact Us section on page 3 of your billing statement.
cancel a scheduled payment by phone at 1- 800 - 347 -2683 or by mail at Discover may monitor and /or record telephone calls between you and
Discover, PO Box 30421, Salt Lake City, UT 84130 -0421; however, we must Discover representatives for quality assurance purposes.
receive notice at least three business days in advance of the scheduled
payment. The Discover@ card is issued by Discover Bank, Member FDIC. TL9 -22NF
CHANGE OF ADDRESS
If correct on front, do not use. Please print clearly in blue or black ink, in the space provided.
Street Address Home Phone
Work Phone
City
Email
3666i�85
To make changes to your address, email or telephone number, visit Discover.com
Continued on next page
DISCOVER Discover Motiva Card
Account number ending in 4614
Open Date: Apr 5, 2013 - Close Date: May 4, 2013
Page 3 of 4
CONTACT US
0 Web ® Mobile O Phone ® Inquiry 0 Mail Payments
Access your � Manage your 1- 800 - DISCOVER Discover Discover
account securely account anytime, (1- 800 - 347 -2683) PO Box 30943 PO Box 6103
at Discover.com anywhere at TDD 1- 800 - 347 -7449 Sall Lake City Carol Stream
m.Discover.com UT 84130 IL 60197 -6103
Transactions
Trans. Date Post Date
Fees TOTAL FEES FOR THIS PERIOD $ 0.00
Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00
2013 Totals Year -to -Date
TOTAL FEES CHARGED IN 2013 $ 35.00
TOTAL INTEREST CHARGED IN 2013 $ 93.98
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Current Billing Period: 30 days
ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO
TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE
Purchases 19.99% $0.00 $0.00
Cash Advances 29.99% V $0.00 $0.00
V= Variable Rate
Information For You
For more information about how interest charges are calculated see your Cardmember Agreement or go to www .discover.com /interestcharges
30097785
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
ERIC JAMES DEITER Account number endinq in _4614 Open Date: Apr 5, 2013 - Close Date: May 4, 2013 Page 4 of 4
30097785
VERIFICATION
(Name) (Titl
of DB Servicing Corporation, servicing affiliate of Discover Bank 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. Additionally, he /she verifies that
Discover Bank, f/k/a Greenwood Trust Company, which is an FDIC - insured Delaware state bank, lacks
sufficient knowledge or information to verify this complaint. He /she verifies that he /she is authorized to
make this verification. As an employee of DB Servicing Corporation, he /she has sufficient knowledge
and information to make this verification, and consequently verifies that the facts set 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.
It is further stated that Discover Bank and DB Servicing Corporation extend 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 Se ices.
Date
( ig ure)
D ervicing Corporation servicing affiliate
For Discover Bank
PO Box 3025
New Albany, OH 43054
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson F;L F 0-0 F::-
Sheriff
Jody S Smith
Chief Deputy C, -2013 Ur 14
P111 10: 23
Richard W Stewart C UMBER LA"@ CLMITY
Solicitor PEIViS YLWAIWA'
Discover Bank
vs Case Number Eric James Deiter 2013-4308
SHERIFF'S RETURN OF SERVICE
07129/2013 04:47 PM-Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Eric James Deiter, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not
Served"at 4902 Carlisle Pike PMB 34, Hampden Township, Mechanicsburg, PA 17050.This address is a
UPS Store,the manager was able to provide a physical address of 720 Colonial Court, Mechanicsburg,
PA 17050.
A a
6-�a-,, Aj
AMANDA COBAUGH, DEPLM
07/2912013 09:20 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Eric James Deiter, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not
Found" at 720 COLONIAL CT, Mechanicsburg, PA 17050. Per the current resident Carrie Diechman she
has lived at this address since May 2012 and the defendant does not reside here,the Mechanicsburg
Postmaster confirms that the the defendant is not known at this address as well.
Ama'fit(1 0 ra-PL
AMANDA COBAUGH, DEPUZ)Y
SHERIFF COST: $60.30 SO ANSWERS,
August 13, 2013 RbW'R ANDERSON, SHERIFF
(c)CountySuilw Shenffjoieosoft,inc,
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: William T Molczan, Esquire
I.D. No.47437
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 30097785
DISCOVER BANK
Plaintiff
VS.
ERIC JAMES DEITER
Defendant(s)
Attorney for Plaintiff(s)
Cumberland County
Court of Common Pleas
NO. 13-4308 CIVIL
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in the above captioned matter.
WELTMAN, WEINBERG & REIS CO., L,P.A.
By VV444' (7
illiam T Mo cza squire
Attorney for Plai
—
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: William T. Molczan
I.D. No. 47437
436 7th Ave Ste 1400
Pittsburgh, PA 15219
Phone: (412) 434 -7955
Fax: (412) 338 -7130
File # 30097785 WTM/SJS
F I ".'0-0FFf z:
C. E: THE PROTHONOTARY
2014 APR 28 PM 1:23
CUMBERLAND COUNTY
PENNSYLVANIA
Attorney for Plaintiff(s)
DISCOVER BANK Cumberland County
Court of Common Pleas
vs.
ERIC JAMES DEITER
PRAECIPE TO DISMISS WITHOUT PREJUDICE
No.: 13 -4308 CIVIL
TO THE PROTHONOTARY:
Kindly dismiss the above matter without prejudice .
WELTMAN, WEINBERG & REIS CO., L.P.A.
By WAN"
William T. Molczan, Esquire
Attorney for Plaintiff
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