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HomeMy WebLinkAbout14-0849 30212492 C A Pit SJS Supreme Court;af- Penns3�lvama w « -R # Courf of ' Co mmon,Rieas J­I %, 1 1V11 Sh eet ForProtho�wtaq Use Outr: C UMBERLAND - ;. COUni}; Docket No: li The information collected on this fibrin is used solely for court administration palposes. Ihis form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S a Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction CO3 eclaration of Takin C DISCOVER BANK Lead Plaintiff's Name: Lead Defendant's Name: T MICHAEL W WINGERT I C 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 62 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 4 Debt Collection: Credit Card ❑ Board of Assessment • Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance Cl Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E [3 Product Liability (does not include 13 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 1/1/201.1 y E 1� rrt tT� tN01 Ail CUMBERLAND COUNTY PENNs YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: IVI _ $LA9 VS. COMPLAINT IN CIVIL ACTION MICHAEL W WINGERT 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 30212492 C A Pit SJS 3oi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No MICHAEL W WINGERT 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 100 HOLLAR AVE SHIPPENSBURG, PA 17257 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5450. 6. Defendant made use of said credit card and has a current balance due of $2900.00. 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, MICHAEL W WINGERT, INDIVIDUALLY, in the amount of $2900.00 and costs. �/✓ 7 - William T. Mo zan,47437 WELTMAN, WEI RG & REIS CO., L.P.A. 436 7th Ave to 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412 - 338 -7130 WWR# 30212492-C A SJS DISCOVER Discover Business Card Account number ending in 5450 Open Date: Jul 14, 2013- Close Date: Aug 13, 2013 Cardmember Since 2008 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $2,751.06 New Balance $2900.00 Payments and Credits — $0.00 Minimum Payment Due * S588.00 Purchases + $78.00 Payment Due Date September 3, 2013 Cash Advances + $0.00 * Includes past due amount of: S501.00 Finance Charges + $70.94 New Balance $2,900.00 See Finance Charge Summary section following the REWARDS Transactions section for detailed APR information Anniversary Month Credit Line $2,300 Cashback Bonus August Credit Line Available $0 Opening Balance $ 0.00 Cash Advance Credit Line $700 New Coshback Bonus This Period + $ 0.00 Redeemed This Period — $ 0.00 Cash Advance Credit Line Available $ Cashback Bonus Balance $ 0 .00 To learn more, log in at Discoverbiz.com Please make check payable to Discover Business Card. You are overlimit. Pay the sum of the monthly minimum payment plus the remaining overlimit amount of $600.00. Please make check payable to Discover Business Card. Minimum payment due includes a past due amount of $501.00. CONTACT US A Web ® Mobile © Phone ® Inquiry 0 Mail Payments Access your Manage your 1 -888- DISCOVER Discover Discover account securely account anytime, (1- 888 - 347 -2683) PO Box 30943 PO Box 6103 at Discoverbiz.com anywhere at TDD 1- 800 - 347 -7449 Salt Lake City Carol Stream m.Discover.com LIT 84130 IL 60197 -6103 Make Check payable to Discover. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below, detach and return with your payment. Poyment Coupon Pcry O n l ine ' O Pqy b y Phone Account number ending in 5450 Please do not fold, clip or staple. Discoverbiz.com 1- 888.347 - 2683 Minimum Payment Due $588.00 �I 'I'�'��I�IIIIII�III'I�IIIIii�l ll l ililiiii ��il ilillli iil New Balance $2,900.00 Payment Due Date September 3, 2013 MICHAEL W WINGERT Amount enclosed I s RCA CLEANING PO BOX 157 MAUGANSVILLE MD 21767 -0157 PO BOX 71084 CHARLOTTE INC 28272 -1084 .3 a l �l�l ti iilliii���i l i l ll. ll� l �i l ii ii l � p yments must be received by SPM ET to be credited as of the same day. Address, e-mail or telephone changed? Note changes on reverse side. IBff 000001986751552246906029000002208210058800 r�. MICHAEL W WINGERT Account number ending in 5450 Open Date: Jul 14, 2013 - Close Dote: Aug 13, 2013 Page 2 of 4 Important Information You can set automatic payments for: (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed See your CardmemberAgreement. Your Cardmember Agreement dollar amount, or (iv) Other dollar amount. If your scheduled "Other dollar contains all the terms of your.Account. amount' payment is not enough to cover the Minimum Payment Due as listed on your monthly billing statement, your scheduled payment for that month Lost or stolen cards. Report immediately! Call 1- 888 - 347 -2683. will be increased to cover the Minimum Payment Due. If the scheduled payment is greater than the Minimum Payment Due, any excess will be Payments. You may pay all or part of your Account balance at any time. applied in accordance with your Cardmember Agreement. If your scheduled However, you must pay at least the Minimum Payment Due by the Payment payment is greater than the New Balance on your billing statement, that Due Date. Send only your payment and the bottom portion of this statement payment will be processed only for the amount of your New Balance. Your in the envelope provided. Do not send cash. If you pay by check, you automatic payment amount may be less than the amount indicated on the authorize us to use information on your check to make an electronic fund billing statement based on credits or payments after the Close Date. transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If a payment is processed If you enroll by phone in our automatic payment service, please fill -in the as on electronic fund transfer, the transfer will be for the amount of the following blanks below and retain the authorization for your records. 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 Amount: E Full Pay 0 Min Pay [I Min Pay + $ day we receive your payment„ and you will not receive your check back from your financial institution. [I Other Amount$ Bank Routing #: The processing of your payment may be delayed if you send cash, Bank Account #: 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. Monthly on the [I Payment Due Date E Close Dote Payments received in proper form at our processing facility by 5pm local time on any day will be credited to your Account as of that day. Payments Day of month (insert date) received at our processing facility after 5pm local time will be credited to your Account as of the next day. If you have misplaced your envelope, send Credit Reporting. We may report information about your Account to credit your payment to Discover, PO Box 6103, Carol Stream, IL 60197-6103. bureaus. Late payments, missed payments or other defaults on your Account Please allow 7 -10 days for delivery. If your payment is returned unpaid, we may be reflected in your credit report. We normally report the status and reserve the right to resubmit it as an electronic debit. Payments made online payment history of your Account to credit reporting agencies every month. If or by phone will be credited as of the day of receipt if mode by 5 PM Eastern you believe that our report is inaccurate or incomplete, please write us at the time. following address: Discover Business Card, PO Box 15316, Wilmington, DE 19850-5316. Please include your name, address, home telephone number You can pay your monthly Minimum Payment Due, or a greater amount that and Account number. does not exceed your Account balance, over the telephone or you can setup automatic payments through a customer service representative by calling Paying Periodic Finance Charges. We will not charge you any Periodic 1- 888 - 347 -2683. Automatic payments for the billing period shown on your Finance Charges on purchases if you pay your entire balance by the due date statement will be deducted on the Payment Due Date shown on that each month. Periodic Finance Charges on balance transfers, cash advances, statement, or the next automatic payment date referred to on your statement, or Purchase Checks will begin to accrue as of the later of the transaction date unless you request a recurring payment date (e.g., the 15th day of the or the first day of the billing period in which the transaction posted to your month) that occurs before your Payment Due Date or Close Date. If your Account. 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 How We Calculate Periodic Finance Charges. We use the Average Daily order to schedule monthly payments by telephone, you will need this Balance Method (including new ironsactions) to calculate the balance upon statement and your bank account information. You will be asked to provide which we impose Periodic Finance Charges. For more information, please the last four (4) digits of the social security number of the primary borrower. see your Cardmember Agreement or call us at 1- 888 - 347 -2683. 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 Discover may monitor and /or record telephone calls between you and authorize, in the amount selected by you, from your bank account. You also Discover representatives for quality assurance purposes. 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 ©2012 The Discover Business card is issued by Discover Bank, Member cancel a scheduled payment by phone at 1- 888 - 347 -2683 or by mail at FDIC. 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 monthly billing statement when your payment will be made and how much it DBC will be. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. low. 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 38111492 To make changes to your address, email or telephone number, visit Discover.com Continued on next page DISCOVER Discover Business Card Account number ending in 5450 Open Dote: Jul 14, 2013 - Close Date: Aug 13, 2013 Page 3 of 4 Transactions Trans. Date Post Date RCA CLEANING ACTIVITY ON ACCOUNT WINGERTAICHAEL W Account number ending in 5450 Other /Miscellaneous Aug 3 Aug 3 LATE FEE $ 39.00 Aug 13 Aug 13 OVERLIMIT FEE 39.00 Finance Charge Summary ANNUAL Periodic Transaction Fee Average Daily Doily Periodic PERCENTAGE FINANCE FINANCE Balances Rates RATES CHARGES CHARGES Current Billing Period: 31 days Purchases S2,785.24 0.08216% 29.99% V $70.94 $0.00 PurchaseChecks $0.00 0.08216% 29.99%V $0.00 S0.00 Cash Advances $0.00 0.08216% 29.99 %V $0.00 S0.00 The rates that apply to your Account are either fixed(F) or they may vary (V) as noted above. 30212492 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION MICHAEL W WINGERT Account number ending in 5450 Open Date: Jul 14, 2013 - Close Date: Aug 13, 2013 Page 4 of 4 30212492 VERIFICATION (Name) itle) 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 q a ure) DB Servicing Corporation servicing affiliate For Discover Bank SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i ;C Sheriff a�'trar �� Jody S Smith 1 ktAR 1Z PM 2. L}3 Chief Deputy 014 i t'r■■■ Richard W Stewart i {3� AFL SKURTY Solicitor oPP. wr `` k SYLVA Discover Bank Case Number vs. 2014-849 Michael W Wingert SHERIFF'S RETURN OF SERVICE 02/24/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Michael W Wingert, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 100 Hollar Avenue, Shippensburg Borough, Shippensburg, PA 17257. Per current resident the defendant doesn't live at this address and per Shippensburg Postmaster mail is delivered to the address provided. SHERIFF COST: $50.60 SO ANSWERS, March 05, 2014 RONNK ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,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 # 30212492 WTM/SJS FILED-OFFICE Or THE PROTHONOTARY 201'4 APR 28 PM 1: 23 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff(s) DISCOVER BANK Cumberland County Court of Common Pleas vs. MICHAEL W WINGERT PRAECIPE TO DISMISS WITHOUT PREJUDICE No.: 14- 849 -CIVIL TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. Molczan, Esquire Attorney for Plaintiff 1 111111110111111 1111 111111 11111 1111111111 11111 11111 11111 1111 111111111