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HomeMy WebLinkAbout13-5579 Supreme Court of Pennsylvania W«x# 30118428 C A Pit SJS Court of Common .Pleas Civil Cover Sheet ForProthonotarr Use Only: C UMBERLAND. County Docket No: i3 �55 &`wl erm The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and sen4ce ofpleadings or other papers as required by laiv or rules of'court. Commencement of Action: S !$ Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Q Declaration of Takin C DISCOVER BANK Lead Plaintiff's Name: Lead Defendant's Name: T JAMES C MANUEL I 0 Are money damages requested? 53 Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? ❑ Yes 13 No Is this an MDJ Appeal? 13 Yes Q No Name of Plaintiff /Appellant's Attorney: William T. Molczan 47437 ❑ 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 Protection Administrative Agencies ❑ Malicious Prosecution )& Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E 13 Product Liability (does not include [3 Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel /Defamation ❑ Employment Dispute: Other Cl Zoning Board T ❑ Other: ❑ Other: I ❑ Other: N MASS TORT ❑ Asbestos B ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - DES ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Tort — Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Toxic Waste ❑ Ground Rent ❑ Mandamus ❑ Other: ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Retraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Waranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 C) v. c 3 i m m t'ro"Y M r c-- z _3 sv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 13 -557q Gui1 -a* vs. COMPLAINT IN CIVIL ACTION JAMES C MANUEL 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 30118428 C A Pit SJS O 103.5 PA A7" c it J I a a.6bil9 �# o2g5g�S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No JAMES C MANUEL 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 393 BOB CAT RD T -451 NEWVILLE, PA 17241 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4316. 6. Defendant made use of said credit card and has a current balance due of $6170.82. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111. 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, JAMES C MANUEL, INDIVIDUALLY, in the amount of $6170.82 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. ' 1 _ Wil iam T. Molczan, 437 WELTMAN, WEINBERG EIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434 -7955 FAX: 412- 338 -7130 WWR# 30118428 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. VISC [� New Balance Minimum Payment Due Account Number ending in 4316 �' �VEIf $6,170.1 $1,016.00 Enter Amount Enclosed Below aym" enl`Due Date January 13, 2013 Please make check payable to Discover Card. You are overlimit. Pay the sum of the monthly minimum payment plus the overlimit amount of $770.82. JAMES C MANUEL C/O HAROLD SHEPLEY & ASSOC 209 W PATRIOT ST SOMERSET PA 15501 -1563 PO BOX 71084 Address, e-mail or telephone change? CHARLOTTE NC 28272 -1084 Go to N' - Discover.com or print change in space above. 00000198645825493 7630061708200000000101600 Opening Date: November 19, 2012 - Closing Date: December 18, 2012 page 1 of 2 Discover More Card Account Summary Payment Information New Balance $6,170.82 Account number ending in 4316 Minimum Payment Due* $1,016.00 Payment Due Date January 13, 2013 Previous Balance $6,016.75 Payments And Credits Includes past due amount of $881.00 0.00 Purchases + 0.00 Late Payment Warning: If we do not receive your minimum Balance Transfers + 0.00 Payment by the date listed above, you may have to pay a late Cash Advances + 0,00 fee of up to $35.00 and your purchase and balance transfer Fees Charged + 35.00 APRs for new transactions may be increased up to the Penalty Interest Charged + 119.07 APR of 2499% variable. New Balance $6,170.82 Minimum Payment Warning: If you make only the minimum See Interest Charge Calculation section following payment each transactions for detailed APR information pal period, you will pay more in interest and it will take you longer to pay off your balance. For example: Credit line $5,400.00 f ou matte. rt+ You 1va11 poq off fihe And you wall end $0.00 Credit Line Available y, ddittonal charges lalant6 sh jwn on i9? paying: an Cash Advance Credit Line $2,700.00 srng thrs card and }trs statemartt an estrmated:3otal of Cash Advance Credit Line Available $0.00 cf martth you pay tboul You may be able to avoid Interest Charges, see Additional Only the minimum 34 years $25 Important Information for details. payment IF you would like information about credit counseling services, Cashback Bonus® Anniversary Month call 1 800 - 347 - 1121 . December Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To t—n more, log in at www.Discover.com 3 Easy Ways to Contact Us Manage Your Account Online at www.Discover.com 1. Access your account securely at www.Discover.com Access free online tools like Paydown Planner to create a plan 2. Call 1 -800- DISCOVER (1- 800 - 347 -2683) to ray down your balance, securely access statements, pay Please have your Discover® card available. bil s online and easily track all transactions 3. Write to us of Discover, PO Box 30943, Salt Lake City, UT 84130 (Not a payment address) Make your money worth moresm —find easy ways to earn For payments, please send to address on remittance or and redeem cash rewards Discover, PO Box 6103, Carol Stream, IL 60197-6103 NEW! Access your account securely through your For TDD (Telecommunications Device for the Deaf) mobile phone assistance, please call 1- 800 -347 -7449. Transactions Trans. Post Date Date Fees Dec 13 Dec 13 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 ln 5bl1W8 INTEREST CHARGE ON PURCHASES $ 3.45 INTEREST CHARGE ON CASH ADVANCES 115.62 EXHIBIT INTEREST CHARGE ON BALANCE TRANSFERS 0.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER I Paperless statements mean less clutter, more convenience I Easily access up to 24 months of downloadabic, 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 I ' ©2010 Discover Bonk, Member FDIC I PAPER.0310 Transactions Trans. Post (cont.) Date Date interest Charged TOTAL INTEREST FOR THIS PERIOD $ 119.07 2012 Totals Year -to -Date TOTAL FEES CHARGED IN 2012 $ 235.00 TOTAL INTEREST CHARGED IN 2012 1,309.98 30118428 Questions? Visit www.Discover.com or call 1 -800- DISCOVER (1 -800- 347 - 2683). DISCOVER D'S (�;�\ /C[> h pays to JAMES C MANUEL �rO Y GIB DISCOVER' Account number ending in 4316 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current B81ing Period: 30 days TYPE Of BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE Purchases RATE (APR) INTEREST RATE 19.99/ V $209.86 $3.45 Cash Advances 23.99% V $5,864.25 $115.62 V = Variable Rate Additional Important Information See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediately! Call 1 - 800. 347 -2683. _W of o Do ff You T hink You Fi ;stake On Your S tatem ent If you think there is an error on your statement, write to us at: Discover, PO Box 30421, Soft Lake City, UT 84130.0421. In your letter, give us the following information: Ac count inlormatio Your name and account number. Dolla amount- The dollar amount of the suspected error. Lbscri lion of Problem- If you think there is an error on your bill, describe what you believe is wrong and why you believe it isis a mists e. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors . writin You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your i his If You Ar e Dissatisr , yo may have t right to pay the e d t+Vith Your Credit Card Purch ases with in to correct the prob with the h he y our eman i ng amou due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you , or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in ruin at: Discover, PO Box 30945, Salt Lake City, 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 at any time. However, you must pay at least the Minimum Payment Due by the Payment Due Date. Send only your payment and the top portion 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 transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund transfer, the transfer will be for the amount of institution. the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment to any other address or if you use an envelope other th ne an the o provided. Payments received in proper farm at our processing facility by 5PM local time on any doy will be credited to your Account as of That day. Payments received at our processing facility aker SPM bcal time will lie credited to your Account as of the next day. If you have misplaced your envelope, send your payment to Discover, PO Box 6103 Carol Stream, IL 60197-6103. Please allow 7.10 days for delivery . IF your payment is returned unpaid, we reserve the rig�t to resubmit it as an electronic debit. 30118428 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 can 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 pa meni date (e. 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 day prior to the weekend or bank holiday. In order to schedule monthly payments b telephone, you will need this statement and your bank account information. You will be asked to provide the last four (4 digits of the social security number of the primary borrower. By roviding 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, Salt Lake City, UT 84 130-0 1; however we must receive notice at least three business days in advance of the scheduled payment. If you we will fell you on each monthl r payments may vary in amount, y 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 Due, (iii) statement Minimum Payment Due plus a fixed dollar amount, or (iv) 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 realer than the Minimum Payment Due, any excess will be applied in accordance with your Cardmember Agreement. I great l schedued payment is greater than the New w Balance. Your automatic Closing Date. Balance on your bill ing statement, that payment will be rocessed only for the amount your Ne payment amount may be less than the amount indicated on the periodic statement based on credits or payments after the 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 + $ El Fixed Fay$ Bank Routing #: ;Bank Account #: Frequency: Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults 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 ou believe that our report is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, Wilmington, DE 19850 -5316. Please indicate your name, address, home telephone number and Account number. Paying Interest. 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 tAe 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. H to Avoid Pa A n In erest on Purchases (Grace Period" If yo paid e eth NN w glance 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 Purchases that first appear on the current billing statement. Ho e a ments ay�act Yo Grac Period If you do not pay your New Balance in full each month, then, 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 standard Purchases, standard Cash Advances and different promotional balances, such as Balance Transfers. How We Figure the Daily Balance for Each Transaction Category We start with the 6. inning 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 billin 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 " plicable 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. mke char open W I will send you mone refund of any to remain ng bala $1 OOor more 6 months, o 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 Discover ® card is issued by Discover Bank, Member FDIC RZNFe001 30118428 Questions? Visit www.Discover.com or call 1 -800- DISCOVER (1 -800- 347 - 2683). DISC *VEI n ; VERI ICATION > � < . S (Name) (Ti" 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 Servi es. Date LD (Signature) DB Servicing Corporation servicing affiliate For Discover Bank SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Mr T; ; Sheriff Jody S Smith ° '`' "� cC3 S`"' Chief Deputy <CD Richard W Stewart , CD - c—{ Solicitor OrF= E OF T14z.SRERIFF >C_- Discover Bank vs. Case Number James C Manuel 2013-5579 SHERIFF'S RETURN OF SERVICE 10/08/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: James C Manuel, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 393 Bobcat Road, T-451, Upper Frankford, Newville, PA 17241. Per current resident Kathryn Keller, she has resided at this address for fifty years and has never heard of the defendant. SHERIFF COST: $41.56 SO ANSWERS, October 08, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Sheriff,'releosoff,Inc. 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 # 30118428 WTM/SJS THE NROTHONOTAE.f 20 APR 2 I PM 3: 37 CUMP.,ERLAND COUNTY PENNS YLVAFI1A Attorney for Plaintiff(s) DISCOVER BANK Cumberland County Court of Common Pleas vs. JAMES C MANUEL PRAECIPE TO DISMISS WITHOUT PREJUDICE No.: 13-5579 CIVIL TERM TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. Molczan, Esq Attorney for Plaintiff 1 111111 11111 1111111! 111111 111111111111111 111111111111111 1111 II 1111111