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Home My WebLink About13-7416 i Supreme Court of,Pennsylvania W R0 30198566 C A Pit SJS Courf of Common', eas Civfl Cov_er,SheA ForProthorwtaq Use On4r•: C UMBERLAND y � ; COUph. Docket No: ` 172e information collected on this form is used solely for court administration proposes. This form does not supplement or replace the filing iling and service of pleadings or other papers as required br low or rules of court. Commencement of Action: S a Complaint ❑ Writ of Summons ❑ Petition B Transfer from Another Jurisdiction Declaration of Takin C DISCOVER BANK Lead Plaintiff's Name: Lead Defendant's Name: T BRIAN CAREY I 0 Are money damages requested? El Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? 13 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 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 ❑ 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 ❑ Zoning Board T ❑ Other: ❑ Other: I ❑ Other: O 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 i /1/201.1 . _ - OFFI C E OF THE "ROTHONOTAR 2O Of ',';DEC 16 PM 3: 12 CUMBERLAND COUNTY PEN?43YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 13 -dui (o rv� VS. COMPLAINT IN CIVIL ACTION BRIAN CAREY 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 30198566 C A Pit SJS c9 aio cv Li IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No BRIAN CAREY 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's account, which is the subject of this litigation. 4. Defendant is an adult individual(s) residing at 390 BENYOU LN NEW CUMBERLND, PA 17070 S. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7895. 6. Defendant made use of said credit card and has a current balance due of $4996.34. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11 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, BRIAN CAREY, INDIVIDUALLY, in the amount of $4996.34 and costs. William T. Molcz ,47437 WELTMAN, WEINBE & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412 - 338 -7130 WWR# 3019856 A-Pit-SJS C New Balance Minimum Payment Due Account Number ending in 7895 DISC VER $4,996.34 $186.00 Enter Amount Enclosed Below Payment Due Date __ ..... ......._..,...__... ._........... .... .. ........... ... _.. February 2, 2011 BRIAN CAREY PO BOX 711 NEW CUMBERLND PA 1 7070 -07 1 1 PO BOX 71084 CHARLOTTE NC 28272 -1084 Address, email or telephone change? Go to www.Discover.com or print change in space above 000001986458596657839049963400000000018600 Opening Date: Decembe 6, 2010 - Closing Date: January 5, 2011 page I of 2 Discover More Card Account Summary Payment Information New Balance $4,99634 Minimum Payment Due' $18600 Account number ending in 7895 payment Due Date February 2, 2011 Previous Balance $5,028 85 *Includes past due amount of $86 00 Payments And Credits - 80 6S Late Payment Warning: If we do not receive your minimum Purchases + 47 15 Balance Tron -fens + 000 payment by the date listed above, you may have to pay a late Cash Advances + 000 fee of up to $35 00 and your purchase and balance transfer Interest Charged + 099 APRs for new transactions may be increased up to the Penalty Fee- Charged + 000 APR of 29 W9' ,variable New Balance $4,99634 Minimum Payment blaming: If you make only the minimum See Interest Charge Calculation section following payment each period, you will pay more in interest and it will transactions for detailed APR information take you longer to pay off your balance For example Credit Line $5,00000 If you make no You will — payoff the And you will end Credit Lrne Available $000 oddivioncil charges bolcince. shown on up paying on Cash Advance Credit Line $2,50000 using this cord and this statement in estimated total of, Cash Advance Credit Line Available $000 each month you,pay about Only the minimum 8 years $4,996 Cashback Bonus' p a y ment Anniversary Month October If you would like information about credit counseling services, Opening Cashback Bonus Balance $ 000 call 1-800-347-1121 New Cashback Bonus This Period + 000 Cashbock Bonus Balance $ 0.00 To loa.„. 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 Coll 1.800-DISCOVER (1. 800.347 -2683) to ay down your balance, securely access statements, pay Please have your Drscoverr card available bit s online and easily track . all transactions 3 Write to us at Discover, PO Box 30943, Salt lake City, UT 84130 (Not a payment address) Make your money worth more' " — 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 NEWT 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 Dote Date Payments and Credits Dec 8 Dec 3 RETURNED PHONE PAYMENT $ 40000 Dec 10 Dec 10 PHONE PAYMENT - THANK YOU -35000 Dec 27 Nov 30 WALLET PROTECTION REFUND - MONTHLY -068 XHIBII Dec 27 Nov 30 ADJUSTMENT - INTEREST CHARGE -12997 Mali mrsis Dec 4 Dec 6 TEAM - DIRECT FULFILLMENT- FLINT MI $ 47 15 Fees TOTAL FEES FOR THIS PERIOD $ 0.00 NOTICE SEE REVERSE 51DE FOR IMPORTANT INFORMATION DISCOVER Paperless statements mean less clutter, more convenience Easily access up to 24 marths of downloodable, password protected statements • See your statement cis 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 Discover.com /paperless ra4LR 4714 Transactions Trans. Post (cont.) Date Date Interest Charged INTEREST CHARGE ON PURCHASES $ 099 INTEREST CHARGE ON CASH ADVANCES 000 INTEREST CHARGE ON BALANCE TRANSFERS 000 TOTAL INTEREST FOR THIS PERIOD 0.99 2011 Totals Year -to -Date TOTAL FEES CHARGED IN 2011 $ 000 TOTAL INTEREST CHARGED IN 2011 000 30198566 Questions? Visit www,Discover.com or DISCOVER call 1- 800 - DISCOVER (1- 800 - 347 - 2683). DISC VEI ltp RIANCAREY DISC S�JC A YER Account number ending in 7895 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account Current Billing Period; 31 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE (APR) INTEREST RATE Purchases 29 99'u $0 $0 Cash Advances 2999% $0 $0 Previous Billing Period: 30 day" TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE (APR( INTEREST RATE Purchases 2999% $0 $099 ' Previous billing period activity due to returned payments 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. What To._Do,if You Think__ You_ Find Mista„ke_O.n.._Your Statement ..._...... If you think there is on error on your statement, write to us at Discover, PO Box 30421, Salt lake City, UT 84130.0421 In your letter, give us the following information Account information Your name and account number Dollar amount The dollar amount of the -suspected error Descapt(on,4f.Problern If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake You must contact us within 60 days after the error appeared on your statement You must notify us of any potential errors in writing 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 Right; tf Yau._.A...re Diss..atisfied Wth Your_Credwt Card Purchas..es If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount 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 marling address, and the purchase pnce must have been more than $50 (Note Neither of these are necessary if your purchase was based on an advertremeni we marled to you , or if we own the company that sold you the goods or services ) 2 You must hove 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 Ln_wntmg at Discover, PO Box 30945, Salt lake City, LI 84130-0945 While we investigate, the same 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 you 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 B sending your check as described above, you authorize us to use information on your check to make on electronic fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction If pa ment r processed as an electronic fund transfer, the transfer will be for the amount of 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 some day we receive your payment, and you will not receive your check back from your financial institution The! rocessng of your paymenf may be delayed rf you send cash, correspondence or other items with your payment, rf you senthe payment to an other address or rf you use an envelope other than the one provided Payments received in proper forat our processing Facility by 5PM local time on any dayy will be credited to your Account as of that day Payments reced at our proaes -sing fa<drry after SPM local time will be credited to your Account as of the next day If you have misplaced your envelope, send your payment to Discover, PO Box b 103, Carol Stream, IL 60197 -0103 Please allow 7- 10 days for delivery If your payment rs returned unpaid, we reserve the nght to resubmit it as an electronic debit 30198566 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 rolling 1- 800 - 347 -2683 Automatic payments will be deducted on the Payment Due Date unless you request a recurring pa merit dale (e the 15th dayy of the month) that occurs before your Payment Due Date If your scheduled payment date fall; on a weekend or bank hohday, 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 inFormaton You will be asked to provide tfie last four (4fdigits of the social security number of the primary borrower By providing those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authori in the amount seected by you, from your bank account You also authorize us to initiate debit or credit entries to your bank account, as applicable, to comer: an error in the processing of such payment You can cancel a scheduled payment by phone at 1. 800 - 347.2683 or by mad at Discover, PO Box 30421 Salt Lake City, UT 84130-0421, however we must receive notice at least three business days in advance of the scheduled payment If your payments may vary in amount, we will tell you on each month)y billing statement when your payment will be made and how much it will be You must ensure that sufficient funds are available to your bank account, and all transactions must comply with U S law You can set automatic payments for (r) statement New Balance, (u) statement Minimum Payment Due, (m) statement Minimum Payment Due plus o 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 greater than the Minimum Payment Due, any excess will be applied in accordance with your Cardmember Agreement IFyour scheduled 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 automatic payment amount maybe less than the amount indicated on the periodic statement based on credits or payments after the Closing Date 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 r Min Pay n Min Pay + $___..._.___......- .._ ...... _, � l...._I Fixed Poy$_..--- - - -_.. __....._...._. Bank Routing # Bank Account # Frequency Credit Reporting. We may report information about your Account to credit bureaus Late payments, missed payments, or rmolly report th other defaults on your Account may be reflected in your credit report We nae status and payment history of your Account to credit reporting agencies eoch month If you believe that our report is inaccurate or incomplete, please wnte us at the following address Discover, PO Box 15316, Wilmingion, DE 19850.5316 Please indicate your name address, home telephone number and Account number Paying Interest: We begin to impose Interest Charges on all transactions from the Transaction Date for the transaction shown on your billing statement, unless a transaction is posted to your Account after the close of the billing period in which it occurs, in which case we begin to impose interest charges on that transaction From the first day of the billing period in which it is posted to your Account We continue to impose Interest Charges until the date you pay your entire New Balance shown on your billing statemem by making payments or receiving credits If you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing statement, we will not impose Interest Charges on new purchases, that is, purchases first appearing on the current billing statement, or any portion of a new purchase, paid by the Payment Due Date on your current billing statement We call this the "grace period It is not less than 25 days There is no grace period on balance transfers or cash advances As more fully described in the section of your Cardmember Agreement titled "How We Apply Payments," we generally apply payments to your Account based on the APR apphcable to the balance of each transaction category This means that if you do not pay the Nev,- Balance on the current billing statement by the Payment Due Date shown on that billing statement, then depending on the amount of your payment and the APRs on other balances, you may not get o grace period on new purchases Annual Fee. If ,your Account has an annual fee, it will be billed at the be of each anniversary year your Account is open The amount of the Fee appears on the statement when the Fee is billed The annual fee is not refunc(able unless you notify us that you wish to close your Account within 30 days of the mailing or delivery date of the statement on which the fee is billed You will receive this refund even if you use your Card during that period How We Calculate Interest Charges • Daily Balance Method (including current transactions): We figure Interest Charges for each billing period To do this We calculate your Interest Charges separately for each balance subject to different terms (for example, standard purchases, standard cash advances and each purchase, balance transfer and cash advance balance subject to promotional terms) We refer to these balances as transaction categories We figure the "daily balance" for each transaction category To get the "daily balance" we take the beginning balance For each day, add any new transactions and fees and any Interest Charges accrued on the previous day's daily balance We then subtract any credits and payments and make other adjustments (including those odlustmenls required in the section titled "Paying Interest ") In calculating the daily balance for the First day of the billing period, we consider the "previous day's daily balance" to have been your balance on the last day of your previous billing period This gives us the daily balance For each transaction category We figure the Interest Charges on your Account by multiplying the daily balance For each transaction category by its daily periodic rate, for each day in the billing period The total Interest Charges for the billing period are the sum of the daily Interest Charges for each transaction category for each day during that billing period When we calculate daily balances, we odd a new transaction as of the Transaction Date shown on your billing statement, unless the transaction is posted to your Account after the close of the billing period in which if occurs, in which case the iransaciion will be added to the daily balance as of the First day of the billing period in which it is posted to your Account All fees charged to your Account are added to the standard purchase transaction categ with the exception o Cash Advance Fees which are added to the applicable cash advance transaction category and Balance Transfer Fees which are added to the applicable balance transfer transaction category Credit Balances. If your Account has a credit balance, the amount is shown on the front of your billing statement A credit balance is money that is owed to you You may make charges against this amount if your Account is open We will send you a refund of any remaining balance of $1 00 or more after 6 months, or 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 1;2 30198566 Quest Visit www.Discover.com or DISCOVER call 1- 800 - DISCOVER (1- 800 - 347 - 2683. t t VERIFICATION 57 rA A, 13AL1, (Name) (Title) 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 b ew ✓ � 2013 SZ� (Signature) DB Servicing Corporation servicing affiliate For Discover Bank WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Matthew D. Urban I.D. No. 90963 436 7th Ave Ste 1400 Pittsburgh, PA 15219 Phone: (4 12) 434 -7955 Fax: (412) 338 -7130 File # 30198566 MDU /SJS THE PROT1-1(Th TAR 2014 MAR -7 PM 1= 45. CUMBERLAND CUNTY PENNSYLVANIA Attorney for Plaintiff(s) DISCOVER BANK vs. BRIAN CAREY Cumberland County Court of Common Pleas No.: 13 -7416 CIVIL PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBERG & REIS CO., L.P.A. By Matthew D. Urban, Esquire Attorney for Plaintiff 1 111111 11111 11111 1111 111111 11111 11111 1111111111 11111 11111 1111 11111 1111