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HomeMy WebLinkAbout13-4360 1 Supreme Court -of Pennsylvania Cou of Coin&n Pleas ForProthonotast Use Ont1': : CT - i1,,QbVeTJ S eet C ViIVl`Bi "' County' Docket No: Sr The information collected on this form is used solely for court administration purposes. This forth does not supplement or replace the, f iling and sendce of pleadings or other papers as required by lmv or rules of court. S Commencement of Action: E ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T DISCOVER BANK JEFFREY J REYBITZ I Dollar Amount Requested: ® within arbitration limits O Are money damages requested? ®Yes El No (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: Apothaker and Associates, P.C. ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] 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 you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ® Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not ❑ Employment Dispute: S include mass tort) Discrimination E ❑ Slander/Libel/ Defamation El Employment Dispute: Other C 171 Other: E] Zoning Board ❑ Other: I ❑ Other: 0 MASS TORT N F1 Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment B ❑ Other: ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL ❑ Partition ❑ Replevin LIABLITY ❑ Quiet Title ❑ Other: ❑ Other: F1 Dental ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 ti,'F° ! r f e t a tl ltsE Our File No.: 361357 FAQ TA y APOTHAKER & ASSOCIATES, P.C. ' JUL 2' P 1 1 1 BY: David J. Apothaker, Esquire C UMQE RL, C o Attorney I.D. #38423 PE!WiS ` d �� �� . 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff DISCOVER BANK ) COURT OF COMMON PLEAS CIO DB SERVICING CORPORATION, 6500 ) CUMBERLAND CO TY NEW ALBANY ROAD ) n NEW ALBANY, OH 43054 ) NO.: 13, V 3(Q1S �U/ Plaintiff, ) VS. ) JEFFREY J REYBITZ ) 2103 QUAIL HOLLOW DR ) MECHANICSBURG, PA 17055 ) Defendant. ) NOTICE 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 Q lL C',# X373/ a�3s� 9 Our File No.: 361357 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 ) COURT OF COMMON PLEAS C/O DB SERVICING CORPORATION, 6500 ) CUMBERLAND COUNTY NEW ALBANY ROAD ) NEW ALBANY, OH 43054 ) NO.: Plaintiff, ) VS. ) JEFFREY J REYBITZ ) 2103 QUAIL HOLLOW DR ) MECHANICSBURG, PA 17055 ) Defendant. ) 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 J REYBITZ ( "Defendant "), an adult individual residing at 2103 QUAIL HOLLOW DR, MECHANICSBURG, PA 17055. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ( "Account ") to Defendant. 4. The Account number ends in 1982. 5. Defendant received, accepted and used the account by making purchases, balance transfers, and /or cash advances. 6. The account is in default due to Defendant's failure to make timely payments. 7. Although demand has been made, Defendant has failed to make payment of the amount due. 8. The amount due as of this date is $10,931.81. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $10,931.81 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASS CIATES, P.C. Attorney fc la tiff A Law Firm Engage in ebt Collection BY: David J. Apothlc r squire Our File No.: 361357 w ' VERIFICATION It 4 ?—/, jnll� lr4W,�X (Name) (Title) of DB Servicing Corporation, the servicing affiliate for 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 and states, that he /she is a duly authorized representative of plaintiff herein and authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and accurate to the best of his/her knowledge and information and that he /she is familiar with the manner and method by which plaintiff maintains its normal business books and records, including computer records of defaulted accounts. S/he is also familiar with the relationship between Discover Bank and DB Servicing Corporation. That Discover Bank, f/k/a Greenwood Trust Company, is an FDIC insured Delaware State bank, and its servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including, among other things, business management services, customer service, and collection of.delinquent accounts. The collection of delinquent accounts includes the right to forward the same to the attorneys to file suit on Discover Bank's behalf. Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover 'nancial Services. r (Signature) Defendant's Name: JEFFREY J REYBITZ DB Servicing Corporation. servicing Account Number: ending in 1982 affiliate for Discover Bank Our File No.: 361357 PO Box 3025 New Albany, OH 43054 Discover More Card Account number ending in 1982 Open Dote: Jan 21, 2013- Close Date: Feb 20, 2013 Cardmember Since 2006 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $10,795.58 New Balance $10,931.81 Payments and Credits – $0.00 Minimum Payment Due * $1,629.00 Purchases + $0.00 Payment Due Date March 15, 2013 Balance Transfers + $0.00 * Includes past due amount of: $1410.00 Cash Advances + $0.00 Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the date Interest Charged + $101.23 listed above, you may have to pay a late fee of up to $35.00 and your purchase New Balance $10,931.81 and balance transfer APRs for new transactions may be increased up to the Penalty APR of 15.99% variable. See Interest Charge Calculation section following the Minimum Payment Warning: If you make only the minimum payment each Transactions section for detailed APR information period, you will pay more in interest and it will take you longer to pay off your Credit Line $10,600 balance. For example: Credit Line Available $0 7f you make n6.additionai charges You will pay off the' And you will end up using this card and each month ; , balance shown on this paying an estimated total; Cash Advance Credit Line $5,300 you per ,, . statement in about... of.. Cash Advance Credit Line Available $0 — Only the minimum payment 18 years $18,009 You may be able to avoid interest on Purchases. If you would like information about credit counseling services, call 1- 800 - 347 -1121. See reverse for details. REWARDS Contact Us Discover.com Cashback Bonus® Anniversary Month 1- 800 - 347 -2683 May J Opening Balance $ 0.00 Please make check payable to Discover. You are overlimit. New Cashback Bonus This Period + $ 0.00 Pay the sum of the Minimum Payment Due plus the Redeemed This Period – $ 0.00 remaining overlimit amount of $331.81. Cashback Bonus Balan $ 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. PayiYtent COIJ�OtI R Pay O.nllne Pay b Phone Account number ending in 1982 Please do not fold, clip or staple „Discover:com ” © 1$00- 3472683 Minimum Payment Due $1,629.00 I�I�'I�'II' liilli illlli�l 'illll'lll'llilliiilliilil New Balance $10,931.81 Payment Due Date March 15, 2013 JEFFREY J REYBITZ Amount enclosed Is PO BOX 60408 KNG OF PRUSSA PA 19406 -0408 PO BOX 71084 CHARLOTTE NC 28272 -1084 I��I���I��I���1�1 'll�l Phone and Internet payments must be received by 5PM Er to be credited as of the same day. Address, e-mail or telephone changed? Note changes on reverse side. 000001986458229825993109318 100027000162900 JEFFREY J REYBITZ Account number endin in 1982 Open Date: Jan 21 2013 -Close Date: Feb 20, 2013 Pa 2 of 4 Important Information You must ensure that sufficient funds are available in your bank account, and See r Cordmember Agreement. Your Cardmember Agreement contains all iransociions must comply with U.S. law. all the terms of your Account. You can set automatic payments for: (i) statement New Balance, (ii) statement Lost or stolen cards. Report immediately! Call 1- 800 - 347 -2683. 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, Solt 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. A copy of this notice is available at htips : / /discover.com /billingrighis. payment is greater than the New Balance on your billing statement, that payment will be processed only for the amount of your New Balance. Your Payments. You may pay all or part of your Account balance at any time. automatic payment amount may be less than the amount indicated on the However, you must pay at least the Minimum Payment Due by the Payment billing statement based on credits or payments after the Close Date. Due Date. Send only your payment and the bottom portion of this statement in the envelope provided. Do not send cash. If you pay by check, you If you enroll by phone in our automatic payment service, please fill -in the authorize us to use information on your check to make an electronic fund following blanks below and retain the authorization for your records. transfer from your account at the financial institution indicated on your check Amount: 0 Full Poy Min Pay Min Pay+ $ or to process the payment as a check ironsaciion. If a payment is processed as an electronic fund transfer, the transfer will be for the amount of the [I Other Amount$ ; Bank Routing #: check. When we use information from your check to make an electronic fund Bank Account # transfer, funds may be withdrawn from your account as soon as the some day we receive your payment, and you will not receive your check back from Monthly on the El Payment Due Date El Close Date your financial institution. D 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 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. bureaus. Late payments, missed payments, or other defaults on your Account Payments received in proper form at our processing facility by 5PM local time may be reflected in your credit report. We normally report the status and on any day will be credited to your Account as of that day. Payments received payment history of your Account to credit reporting agencies each month. If at our processing facility after 5PM local time will be credited to your Account you believe that our report is inaccurate or incomplete, please write us at the as of the next day. If you have misplaced your envelope, send your payment following address: Discover, PO Box 15316, Wilmington, DE 19850 -5316. to Discover, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7.10 Please include your name, address, home telephone number and Account days for delivery. If your payment is returned unpaid, we reserve the right to number. resubmit it as an electronic debit. Payments made online or by phone will be Paying Interest. Your due date is at least 25 days after the close of each credited as of the day of receipt if made by 5 PM Eastern time. billing period (at least 23 days for billing periods that begin in February). We You can pay your monthly Minimum Payment Due, or a greater amount that will not charge you any interest on Purchases if you pay your entire balance does not exceed your current Account balance, over the telephone or you can by the due date each month. We will begin charging interest on Cash setup automatic payments through a customer service representative by Advances and Balance Transfers as of the later of the Transaction Date or the calling 1- 800 - 347 -2683. Automatic payments for the billing period shown first day of the billing period in which the transaction posted to your Account. on your statement will be deducted on the Payment Due Date shown on that statement, or the next automatic payment date referred to on your statement, How We Calculate Interest Charges. We Use the Daily Balance Method unless you request a recurring payment date (e.g., the 15" day of the month) (including current transactions) to calculate the Balance Subject to Interest that occurs before your Payment Due Date or Close Date. If your scheduled Rate. For more information, please call us at 1- 800 - 347 -2683. payment date falls on a weekend or bank holiday, your payment will be Balance Subject to Interest Rate. Your statement shows o Balance Subject processed the business day prior to the weekend or bank holiday. In order to I schedule monthly payments by telephone, you will need this statement and to Interest Rate. It shows this for each transaction category. The Balance your bank account information. You will be asked to provide the last four (4) Subject to Interest Rate is the average of the daily balances during the billing digits of the social security number of the primary borrower. By providing period. those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you Credit Balances. If your Account has a credit balance, the amount is shown authorize, in the amount selected by you, from your bank account. You also on the front of your billing statement. A credit balance is money that is owed authorize us to initiate debit or credit entries to your bank account, as to you. You may make charges against this amount if your Account is open. applicable, to correct an error in the processing of such payment. You can We will send you a refund of any remaining balance of $1.00 or more after cancel a scheduled payment by phone at 1- 800 - 347 -2683 or by mail at 6 months, or as otherwise required by applicable law, or upon request made Discover, PO Box 30421, Salt Lake City, UT 84130 -0421; however, we must to the address in the Contact Us section on page 3 of your billing statement. receive notice at least three business days in advance of the scheduled Discover may monitor and /or record telephone calls between you and payment. If your payments may vary in amount, we will tell you on each Discover representatives for quality assurance purposes. monthly billing statement when your payment will be made and how much it will be. The Discoverer card is issued by Discover Bonk, Member FDIC. TL23N 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 F Work Phone City Email State, Zip To make changes to your address, email or telephone number, visit Discover.com Continued on next page Discover More Card Account number ending in 1982 Open Date: Jan 21, 2013 - Close Date: Feb 20, 2013 Page 3 of 4 CONTACT US ® R Web Mobile Phone Inquiry 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 Salt Lake City Carol Stream m.Discover.com UT 84130 IL 60197 -6103 Transactions Trans. Date Post Date Fees Feb 15 Feb 15 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 101.23 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 101.23 2013 Totals Year -to -Date TOTAL FEES CHARGED IN 2013 $ 70.00 TOTAL INTEREST CHARGED IN 2013 $ 201.20 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 31 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 10.99% V $10,844.48 $101.23 Cash Advances 20.99% V $0.00 $0.00 V= Variable Rate NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION JEFFREY 1 REYBITZ Accouni number endin in 1982 Open Dote: Jan 21 , 2013 -Close Doie: Feb 20, 2013 Pa 4 of 4 STATE OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY COURT FILE NO. 13-4360 Civil CASE TYPE:Civil DISCOVER BANK C/O DB SERVICING CORPORATION, 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 PLAINTIFF DEFENDANT'S ANSWER °" . _. VS. TO G-) JEFFREY J. REYBITZ PLAINTIFF'S COMPLAINT CO 2103 QUTAIL HOLLOW DR. r-- MECHANICSBURG, PA 17055 r> __ DEFENDANT - c; > r` The DEFENDANT states the following as ANSWER to PLAINTIFF's complaint: 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted 7. Denied. Defendant has tried and failed to make the minimum payments but has been prevented from doing so to due severe financial hardship. Defendant admits not paying the balances stated on the credit card statement. Defendant asks the Court to allow the defendant to repay any obligations it owes to Plaintiff on a reasonable repayment schedule that take the defendant's difficult circumstances into consideration. Date August 8,2013 Defendant Name: JEFFREY J. REYBITZ Defendant Signature: ./gin'/0 g-�3 Address: 2103 QUAIL HOLLOW DR. City/State/Zip MECHANICSBURG, PA 17055 Telephone (610) 703-4608 STATEMENT OF HARDSHIP I am requesting that my financial situation be reviewed. I am having trouble making monthly payments on all of my outstanding debts due to financial difficulties caused by unemployment, loss of salary and dental bills. My financial difficulties began in July of 2010 when I was demoted to a lower position at work. I lost a total of$17,000 in yearly gross salary. Since then,I have been searching for another position in my field with higher pay and have submitted my resume to numerous companies without success. In addition,my wife has lost several jobs since July 2010 due to the poor economy and was out of work for over a year. I had to spend all of my savings and take out loans of over$12,000 to send her back to school for a dental assisting degree. Finally,I have spent over$20,000 in dental bills, and will need to spend an additional $15, 000 to $20,000 to complete necessary dental work. SHERIFF'S OFFICE OF CUMBERLAND COUNTY t}: Ronny R Anderson rrI CZ7 Sheriff �rtPlatr�+�rtt,�,� Jody S Smith ;F °C q ',C.-; Chief Deputy C Richard W Stewart Cj Solicitor C, co Discover Bank Case Number vs. Jeffrey J Reybitz 2013-4360 SHERIFF'S RETURN OF SERVICE 08/01/2013 07:31 PM-Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Jeffrey J Reybitz at 2103 Quail Hollow Drive, Upper Allen, Mechanicsburg, PA 17055. eF JA�SON KINSLER, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, August 02, 2013 RON W R ANDERSON, SHERIFF c}C0untySui?0 Sheriff,Te(eosoft,Inc. Our File No.: 361357 E f U;� s � . °: APOTHAKER& ASSOCIATES, P.C. `;''' j BY: David J. Apothaker, Esquire �4i 3 n 7 _ Attorney I.D.# 38423 ,vBEtLAND COUNTY 520 Fellowship Road C306 PENNSYLVANIA Mount Laurel,NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY Plaintiff, ) vs. ) ) JEFFREY J REYBITZ ) NO. 13-4360 CIVIL ) ) Defendant. ) ) PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER&AS ,41C • TES, P.C. Attorneys ft Plai iff A Law Firm Engage in D:it Collection By: David J. Apoth: - wire * Q 3 6 1 5 1 - *11 1111 111 III 11 1111111111 1 1 1111