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HomeMy WebLinkAbout13-6708 Supreme Court -of Pennsy lvania WWR# 30189026 C A Pit SJS Coui�f°o�f Co m n &__ -leas G •, ivl� ForProthormtan Use Orrt�: r C UMBERLANDD'`, County Docket No: The information collected on this form is used solely for court adminisn-ation purposes. This form does not supplement or replace the filing and service of •pleadings or other papers as required bi: lays• or rules of court. Commencement of Action: S 13 Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Declaration of Takin C DISCOVER BANK Lead Plaintiff's Name: Lead Defendant's Name: T NELSON A KINGSLEY I 0 Are money damages requested? 53 Yes ❑ No Dollar Amount Requested: El within arbitration limits N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? 13 Yes 13 No Is this an AMJ Appeal? 13 Yes EO No 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 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 13 Board of Assessment • Motor Vehicle Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E (3 Product Liability (does not include [3 Employment Dispute Mass tort) Discrimination C ❑ Slander /Libel /Defamation ❑ Employment Dispute: Other ❑ Zoning Board 'I' ❑ Other: ❑ Other: IO 13 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 a . ..,'..F� I D t p+; NJNU TAR � zC, INOV 12 PM !: S� r,'-1t-1BERLANO COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: ,3. �)DS vs. COMPLAINT IN CIVIL ACTION NELSON A KINGSLEY Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412- 338 -7130 30189026 C A Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No NELSON A KINGSLEY 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 115 HILLSIDE RD MECHANICSBURG, PA 17050 S. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8976. 6. Defendant made use of said credit card and has a current balance due of $2232.17. 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 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, NELSON A KINGSLEY, INDIVIDUALLY, in the amount of $2232.17 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. Wi iam T. Mo czan, 437 WELTMAN, WEINBERG Y REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412- 338 -7130 WWR# 30189026 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. ��SC�VER� Discover More Card Account number ending in 8976 Open Dote: Jan 4, 2013- Close Dote: Jan 15, 2013 Cardmember Since 2011 Page 1 of 4 ACCO S UMMARY PAYMENT INFOR Previous Balance $2,232.17 New Balance $2.232.17 Payments and Credits — $0.00 Minimum Payment Due ` $2,232.17 Purchases + $0.00 Payment Due Dote February 10, 2013 Balance Transfers + $0.00 • Includes post due amount of: $625.00 Cash Advances + $0.00 Fees Charged + WOO Late Payment Warning: If we do not receive your minimum payment by the date Interest Charged + $0.00 listed above, you may hove to pay o late fee of up to $35.00 and your purchase New Balance $2,232.17 and balance transfer APRs for new transactions may be increased up to the Penalty APR of 23.99% 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 $0 balance. For example: Credit Line Available $0 If you make no additional' charges You will payoff the And you will end up using this card and ea6 month la th bnce shown on this. paying on estimated tats_ i Cash Advance Credit Line $0 ya „ p statement in about... of..; Cash Advance Credit Line Available $0 Only the minimum payment 4 ears $2 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 Anniversary Month Cashback Bonus® 1 800 347 2683 December Opening Balance $ 0.00 New Cashback Bonus This Period + $ 0.00 Redeemed This Period — $ 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in of 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 . A Pay.Online © Pay by Phone' j Account number ending in 8976 Please do not-fold, clip or staple. Discover.cdm 1 -8.00 -347 -2683 Minimum Payment Due $2,232.17 New Balance $2,232.17 Payment Due Date February 10, 2013 NELSON A KINGSLEY Amount enclosed Is 828 CRYSTAL SPRINGS DR PELION SC 29123 -9497 PO BOX 6103 CAROL STREAM IL 60197 -6103 3018SQ2& lntemet payments must be received by 5PM ET to be credited as of the some day. 'I "IIII'u'll III'll II" Illllllllllullllll "'lllllllll "I I "II'I Address, e-mail or telephone changed? Note changes on reverse side. EXHIBIT 00000198645620254798002232170010000022321 1 NELSON A KINGSLEY Account number ending in 8976 Open Date: Jan 4 2013 - Close Date: Jan 15 2013 Page 2 of 4 Important Information You must ensure that sufficient funds are available in your bank account, and See your Cardmember Agreement. Your Cardmember Agreement contains all transactions must comply with U.S. low. all the terms of your Account. You can set automatic payments for: (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed Lost or stolen cords. Report immediaielyl Call 1- 800 - 347 -2683. dollar amount, or (iv) Other dollar amount. If your scheduled "Other dollar What To Do If You Think You Find A Mistake On Your Statement amount" payment is not enough to cover the Minimum Payment Due as listed If you think there is an error on your statement, write to us at: Discover, PO on your monthly billing statement, your scheduled payment for that month will be increased to cover the Minimum Payment Due. the scheduled Box 30421, Salt Lake City, UT 84130 -0421. You must write to us within 60 y s after the error appeared payment is greater than the Minimum Payment Due, any excess will be y ppeared on your statement. You may toll us, but if you applied in accordance with your Cardmember A reement. If our scheduled do we are not required to investigate any potential errors, and you may have g y to pay the amount in question. The Billing Rights Notice further explains your payment greater than the New r the a eon your billing statement, that rights. A copy of this notice is available at www.Discover.com. paymment t en will be processed only for the amount your New Balance. Your automatic payment amount may be less than the a amount indicated on the may You Payments. billing statement based on credits or payments after the Close Dote. y y pay all or pars of your Account balance at any time. However, you must pay at least the Minimum Payment Due by the Payment If you enroll by phone in our automatic payment service, please fill -in the Due Dote. Send only your payment and the bottom portion of this statement following blanks below and retain the authorization for your records. in the envelope provided. Do not send cash. If you pay by check, you authorize us to use information on your check to make on electronic fund Amount: 0 Full Pay Q Min Pay --- ____Q Min Pay+ S transfer from your account at the financial institution indicated on your check Other Amount$ ;Bank Routing #: or to process the payment as a check transaction. If a payment is processed 9 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 Monthly on the Payment Due Date a Close Date 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 0 Day of month (insert date) your financial institution. Credit Reporting. We may report information about your Account to credit The processing of your payment may be delayed if you send cash, bureaus. Late payments, missed payments, or other defaults on your Account correspondence or other items with your payment, if you send the payment to may be reflected in your credit report. We normally report the status and any other address or if you use an envelope other than the one provided. payment history of your Account to credit reporting agencies each month. If Payments received in proper form at our processing facility by 5PM local time you believe that our report is inaccurate or incomplete, please write us at the on any day will be credited to your Account as of that day. Payments received following address: Discover, PO Box 15316, Wilmington, DE 19850 -5316. at our processing facility after 5PM local time will be credited to your Account Please include your name, address, home telephone number and Account as of the next day. If you have misplaced your envelope, send your payment number. 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 right to paying Interest. Your due date is at least 25 days after the close of each resubmit i1 as an electronic debit. billing period at lest 23 da s for billin ( y g 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 B.I. nce Transfers as of the later of the Tronsoction Date or the calling 1- 800 - 347 -2683. Automatic payments for the billing period shown first day of the ll biing period in which the transaction posted to your Account. on your statement will be deducted on the Payment Due Date shown on that How We Calculate Interest Charges. We Use the Daily Balance Method statement, or the next outomatic payment date referred to on your statement, (including current transactions) to calculate the Balance Subject to interest 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 Dote or Close Date. If your scheduled payment date falls on o weekend or bank holiday, your payment will be Balance Subject to Interest Rote. Your statement shows a Balance Subject processed the business day prior to the weekend or bank holiday. In order to to Interest Rate. It shows this for each transaction category. The Balance schedule monthly payments by telephone, you will need this statement and Subject to Interest Rate is the overage of the daily balances during the billing your bank account information. You will be asked to provide the lost four (4) period. digits of the social security number of the primary borrower. By providing those numbers as your electronic signature, yyou will be agreeing to this Credit Balances. If your Account has o credit balance, the amount is shown authorization to allow us and your bank to deduct each. payment you on the front of your billing statement. A credit balance is money that is owed authorize, in the amount selected by you, from your bank account. You also to you. You may make charges against this amount if your Account is open. authorize us to initiate debit or credit entries to your bank account, as W will send you a refund of any remaining balance of $1.00 or more after applicable, to correct on error in the processing of such poymeni. You can 6 months, or as otherwise required by applicable law, or upon request made concel a scheduled payment by phone at 1- 800 - 347 -2683 or by mail at to the address in the Contact Us section on page 3 of your billing statement. Discover, PO Box 30421, Solt Lake City, UT 84130 -0421; however, we must receive notice at least three business days in cdvonce 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 Discover® 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 Work Phone City Email 36166826 To make changes to your address, email or telephone number, visit Discover.com Continued on next page DISCOVER Discover More Card Account number ending in 8976 Open Date: Jon 4, 2013 - Close Date: Jon 15, 2013 Page 3of4 CONTACT US A Web Mobile Q Phone ® Inquiry 0 Mail Payments Access your 11 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 Soli 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 $ 0.00 TOTAL INTEREST CHARGED IN 2013 $ 0.00 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 12 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 0.00% $0.00 $0.00 Cash Advances 23.99% V $0.00 $0.00 V= Variable Rate 30189026 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION NELSON A KINGSLEY Account number ending in 8976 Open Date: Jan 4, 2013 - Close Date: Jan 15 2013 Page 4 of 4 30189026 VERIFICATION (Name) a e) 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 Services. Date _ �Lof . J. I __Y" (Signature) DB Servicing Corporation servicing affiliate For Discover Bank SHERIFF'S OFFICE OF CUMBERLAND COUNT Ronny R Anderson Sheriff Jody Smith ��y�s��� ,� �� y l Chief Deputy Ll 4 , ; Et,LAf ] Richard W Stewart F'IW4 jYLVAMA Solicitor '`� ;E = Discover Bank vs. Case Number Nelson A Kingsley 2013-6708 SHERIFF'S RETURN OF SERVICE 11/19/2013 08:11 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: Nelson A Kingsley, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 115 Hillside Road, Silver Spring, Mechanicsburg, PA 17050. Per defendant's father the defendant moved out in August to an unknown address in Carlisle and he has not had any contact with him in over a month and to this date the Mechanicsburg Postmaster has not provided a good forwarding address. SHERIFF COST: $39.30 SO ANSWERS, December 16, 2013 RONNY R ANDERSON, SHERIFF (i. U.-OFFIC PR0THUNCfAr 20iti AUG 18 PH 1: 37 CUITBERLAND COUNT`` WELTMAN, WEINBERG & REIS CO., L.P' SYLVANIA BY: William T. Molczan Attorney for Plaintiff(s) I.D. No. 47437 436 7th Ave Ste 2500 Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File # 30189026 WTM/SJS DISCOVER BANK Cumberland County Court of Common Pleas vs. - No.: 13-6708 CIVIL NELSON A KINGSLEY PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBERG & REIS CO., L.P.A. T/14 -it By William T. Molczan, Esqu' e Attorney for Plaintiff 11111111111111111 IIII 11111111111 IIIII 1111111111 IIIII 11111 IIII 111111111