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Home My WebLink About14-2424 Supreme Cout•t;of;Pennsylvanla W«rR# 30274005 C A Pit SJS Courif °of Common-Pleas / " t t '' 1 F or Use On4r: Civ il Covet -Sheet / . C UMBERLAND _?'� COUn Docket No: The information collected on this forma is used solely for court admin istration pinposes. This Jbri 1 does not supplement or replace the filing and sen-ice of pleadings or other papers as required by low or rules of court. Commencement of Action: S 1$ Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Declaration of Takin C DISCOVER BANK Lead Plaintiffs Name: Lead Defendant's Name: T JAMES L CASSELL I 0 Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? 13 Yes Q No Is this an NWJ Appeal? 13 Yes 63 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 I 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: 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 s. p . {, 1,E�;LA r '1E r "S YL V NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: I� a - ` VS. COMPLAINT IN CIVIL ACTION JAMES L CASSELL 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 30274005 C A Pit SJS ct* . v1� l IN THE COURT OF COMMON PLEAS.OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No JAMES L CASSELL 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 417 2ND ST NEW CUMBERLND, PA 17070 5. Defendant applied for and.received a credit card bearing the - account number XXXXXXXXXXXX0440. 6. Defendant made use of said credit card and has a current balance due of $2410.91. 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, JAMES L CASSELL, INDIVIDUALLY, in the amount of $2410.91 and costs. William T. Molc n,47437 WELTMAN, WEINBZRG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412- 338 -7130 WWR# 30274005 C A Pit SJS Discover More Card - DISC VEK Account number ending in 0440 Open Date: Nov 21, 2013- Close Date: Dec 20, 2013 Cardmember Since 2011 Page 1 of 4 A CCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $2,475.63 New Balance $2,510.91 Payments and Credits — $40.00 I Minimum Payment Due $706.00 i Purchases + $0.00 Payment Due Date January 15, 2014 j Balance Transfers + $0.00 'Includes past due amount of: $610.00 Cash Advances + $0.00 Fees Charged + $35.00 1 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $40.28 I date listed above, you may have to pay a late fee of up to $35.00 and your s New Balance $2,510.91 purchase and balance transfer APRs for new transactions may be increased up io 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 you will pay more in interest and it will take you longer to pay off your Credit Line $3 Opp I balance. For example: _._ _.... Credit Line Available $0 i lyrutstakctto�tddiltanttichztrtf$ �o' wl�jlprayafthe, Attcyt�uwtll�ndu{ j usi09fttw4ondeexh Cash Advance Credit Line $1,500 mortllt btaric�sftaµvaao:this yinganesfimati'cfloiat ! Yo ;4?P •.. 5latement trti al�quf,:: Ott: Cash Advance Credit Line Available $0 I Onl the minimum a ment years S4,1Q1 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. ` 1 t J REWARDS _ - . .. . . . . . . . . _ . . . . . . . . Contact Us Discover.com Anniversary Month 1 -800- 347 -2683 Cashback Sonus® February 1 Opening Balance $ 0.00 New Cashback Bonus This Period + $ 0.00 Redeemed This Period — $ 0.00 Cashback Bonus Balance $ 0.00 i To learn more, log in at Discover.com Make Check payable to Discover NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below, detach and return with your payment N by- menttoupon ,�! 'Pt y0n,X106, Poy;by;Phal�+r au ending in 0440 i A cc ou n t number lslosv ttttt fold citp nc ctrrple fits ovrQm - $alb 34 26S3i ,_... Minimum Payment Due $706.00 i! i I i lu 11 l ii I!Iliui l l`il illl II' New Balance $2,510.91 Payment Due Date January 15, 2014 JAMES L CASSELL Amount enclosed $ 417 2ND ST ... ..... --._._. ..... _ ... _ .............. _...._._. ..... .....__. ... _. ............... _...... .... __ .... _..-. ..... -- NEW CUMBERLND PA 17070 -2002 PO BOX 71084 CHARLOTTE NC 28272 -1084 tilt !'!! i I Ili !i�l,; lljiii + I!I, ii! li Iii I. - ill III I1 ,I III II, III � III I 302740A5t Internet payments must be received by 5PM ET to be credited as of the some duy. . Address, e-mail or telephone changed? Note changes on reverse side 000001986454812909260025109100040000070600 EXHIBIT JAMES L CASSELL Account number ending in 0 .4. 40 ... . . ........ Open Dote: Nov 2 2013 - Close Date: Dec 20, 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 all transactions must comply with U.S. low. contains all the terms of your Account. You can set automatic payments for: (i) statement New Balance, (ii) statement Lost or stolen cards. Report immediatelyl Call 1-800-347-2683. Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed 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 Box 30421, Salt Lake City, UT 84130-0421. You must write to us within 60 will be increased to cover the Minimum Payment Due. If the scheduled days after the error appeared on your statement. You may call us, but if you payment is greater than the Minimum Payment Due, any excess will be do we are not required to investigate any potential errors, and you may have applied in accordance with your Cardmember Agreement, If your scheduled to pay the amount in question. The Billing Rights Notice further explains your payment is greater than the New Balance on your billing statement, that rigrts. Please see your Cardmember Agreement or visit p= will be processed only for the amount of your New Balance. Your https://discover.com/billingdghis for a copy of this notice. automatic payment amount may be less than the amount indicated on the Payments. You may p all or part of your Account balance at an time. billing statement based on credits or payments after the Close Dote. 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 Date. Send only our payment and the bottom portion of this statement in the envelope prov;sled after affixing postage. Payments sent without proper following blanks below and retain the authorization for your records. postage will be returned to the sender. Do not send cash. If you pay by Amount: 0 Full Pay CI Min Pay _'L--'Min Pay+ S check, you authorize us to use information on your check to make on electronic fund transfer from your account at the financial institution indicated 11 Other Amount$ Bank Routing #: on your check or to process the payment as a check transaction. If a payment Bank Account is 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 Monthly on the El Payment Due Dote Ll Close Date as the some day we receive your payment, and you will not receive your El Day of month (insert date) check back from your fi nano ol institution. The processing of your payment may be delayed if you send cash, corres- Credit Reporting. We may report information about your Account to credit pondence or other items with your poymen s, if you send the payment to any bureaus. Late payments, missed payments, or other defaults on your Account other address, or if you use an envelope other than the one provided. may be reflected in your credit report. We normally report the status and Payments received in proper form at our processing facility by 5PM local time payment history of your Account to credit reporting agencies each month. If on any day will be credited to your Account as of that day. Payments received you believe that our report is inaccurate or incomplete, please write us at this at our processing facility after 5PM local time will be credited to your Account address: Discover, PO Box 15316, Wilmington, DE 19850-5316. Please as of the next day. If you have misplaced your envelope, send your payment include your name, address, home telephone number and Account number. to Discover, PO Box 6103, Carol Stream, IL 60197-6103. Please allow 7 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 it as an electronic debit. Payments mode online or by phone will be billing period (at least 23 days for billing periods that begin in February). We credited as of the day of receipt if made by 5 PM Eastern time. will not charge you any interest on Purchases if you pay your entire balance by the due date each month. We will begin charging interest on Cash You can pay your monthly Minimum Payment Due, or a greater amount that Advances and Balance Transfers as of the later of the Transaction Date or the does not exceed your current Account balance, over the telephone or you can first day of the billing period in which the transaction posted to your Account. setup automatic payments through a customer service representative by calling 1-800-347-2683. Automatic payments for the billing period shown How We Calculate Interest Charges. We Use the Doily Balance Method on your statement will be deducted on the Payment Due Date shown on that (including current transactions) to calculate the Balance Subject to Interest statement, or the next automatic payment date referred to on your statement, Role. For more information, please call us at 1-800-347-2683. unless you request a recurring poXment date (e.g., the 15" day of the month) that occurs before your Payment Due Date or Close Date. If your scheduled Balance Sub to Interest Rate. Your statement shows a Bol once Subject payment dole foils on a weekend or bank holiday, your payment will be to j Interest Rafe. It shows this for each transaction category. The Balance i processed the business day prior to the weekend or bank holiday. In order to St bject to Interest Rote is the average of the doily balances during the bill g n schedule monthly payments by telephone, you will need this statement and period. your bank account information. You will be asked to provide the lost four (4) Credit Balances. If your Account has a credit balance, the amount is shown digits of the social security number of the primary borrower. By providing on the front of your billing tatement. A credit balance is money that is owed those numbers as your electronic signature, you will be agreeing to this to you. You may make charges against this amount if your Account is open. authorization to allow us and your bank to deduct each payment you We will send you a refund of any remaining balance of $1.00 or more after authorize, in the amount selected by you, from your bank account. You also 6 months, or as otherwise required by applicable law, or upon request made authorize us to initiate debit or credit entries to your bank account, as to the address in the Contact Us section on page 3 of your billing statement. 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 Balance Transfers. Balance Transfers are offered at our discretion and Discover, PO Box 30421, Salt Lake City, UT 84130 -0421; however, we must accrue interest at the standard purchase rate uniesswe tell you otherwise. receive notice at least three business days in advance of the scheduled Discover may monitor and/or record telephone calls between you and payment. If your payments may vary in amount, we will tell you on each Discover representatives for quality assurance purposes. monthly billing statement when your payment will be made and how much it will be. The Discover@ card is issued by Discover Bank, 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 ........... . . ........... . . . ........... . ......... . .............. . ......... ....................... I ............ . ..................... . .......... . . . ..... . . .......... . . . ....... . . .................. . ....... . . . ........... . ............. . . . ............ . ..... . . . .................... City Email 36*4605 To make changes to your address, email or telephone number, visit Discover.com Continued on next page Discover More Card DISC VER= : Account, number ending in 0440 - Open Date: Nov 21, 2013 - Close Date: Dec 20, 2013 Page 3 of 4 CONTACT US ....... _....._........._.._._...._..__........_.._._.....—_.....___...........__.._ ...... — .... —_ ............— ......... __ .........._ . ........ ___...... .......... .............................. __ " . - . . ........ -_. ... _ ........... _ ............ _ __ ....... ._ ...... __ ...... _...� Web Aft Mobile Phone ® Inquiry Mail Payments 0 Access your Manage your 1- 800 - DISCOVER Discover Discover j account securely account anytime, (1- 800 - 347 -2683) PO Box 30943 PO Box 6103 at Discover.com anywhere at TDD 1 -800- 347 -7449 Salt Lake City Carol Stream L m.Discover.com _ _ UT 84130 IL 60197 -61 Transactions Trans. Date Post Date Paym a n d C r ed it s Nov 2 N 2 PAYMENT - THANK Y $ -4 0.00 Fees Dec 15 Dec 15 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 31.27 INTEREST CHARGE ON CASH ADVANCES 9.01 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 40.28 — ....— _..._. ............. - -- -- ......... __ .......... _ ............ __ .......... _.. ..... --- .......... .............. _ ....... --- ............ __ ........ _ ........ ... __ .... ..._ .................. _ ........... __ .......... _ ............. _ ........... --.. ... __ ........... __ ........................ .......... -- ............. _._ ....... _ ......... ------ ..... _ .... _ ......... _ ................... _............ 2013 Totals Year -to -Date TOTAL FEES CHARGED IN 2013 $ 313.22 TOTAL I NTEREST CHARGED IN 2013 $ 453.88 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rote on your account. Current Billing Period: 30 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 18.99% V $2,003.29 $31.27 Cash Advances 23.99% V $457.11 $9.01 V= Variable Rate Information For You For more information about how interest charges are calculated see your Cardmember Agreement or go to www .discover.com /interestcharges 30274006 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION JAMES L CASSELL Account number ending in 0440 ............. . . ... . . ....... . .. . . ...... . .......... . ........ . . . ................ .. . . ............. . .. . ........ - e Open Date: Nov 21, 2013 Close Date: Dec 20, 20 3 ............... . . . ........ .................. . ............ . ....... ... . . ..... . . . ........... - . .. . . . . ........ . . ............. 4 of 4 ................. -.30274005 s , VERIFICATION (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 unworn falsifications to authorities states, that he /she is a duly authorized representative of plaintiff herein. Additionally, he /she verifies that Discover Bank, fWa 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 '-7- (Sig afore JAMES L CASSELL DB Servicin Corporation servicin g affiliate XXXXXXXXXXXX0440 For Discover Bank WWR# 30274005: C A Pit SJS_ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ;= LED-.OFFE1 `-' Sheriff PiUF�Jt'�! i,'t�i' Jody S Smith Chief Deputy �� , b& ea R KAY -7 juI ) - Richard W Stewartt�MiBERLAiDp�1PY Solicitor OFFICE OF T``- $ :ERIFP PENNSYLVANIA Discover Bank vs. James L Cassell Case Number 2014-2424 SHERIFF'S RETURN OF SERVICE 04/29/2014 05:40 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Kitty Cassell, Mother, who accepted as "Adult Person in Charge" for James L Cassell at 417 2nd Street, Borough of New Cumberland, New Cumberland, PA 17070. JASON KINSLn EPUTY SHERIFF COST: $47.21 SO ANSWERS, April 30, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sherif: Te!eosoft. Inc. �1_�� CUNBERLANo IN l� WELTMAN,WEINBERG & REIS CO.,L.P . YLVA P 1A BY: William T. Molczan Attorney for Plaintiff(s) I.D. No. 47437 436 7th Ave Ste 1400 Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File# 30274005 WTM/SJS DISCOVER BANK Cumberland County Court of Common Pleas vs. No.: 14-2424 CIVIL JAMES L CASSELL PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBERG& REIS CO., L.P.A. B �. Y William T. Molczan, Esq 'le Attorney for Plaintiff