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HomeMy WebLinkAbout14-4238 t f Supreme Co nnsylvania COUI" o% leas For Prothonotary Us Only: Docket No: i CU `* County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other pa ers as required by law or rules of court. Commencement of Action: S 0Complaint El Writ of Summons E3 Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: DISCOVER BANK ERIC J DESROSIERS T Dollar Amount Requested: [Twithin arbitration limits I Are money damages requested? Yes No (check one) ❑outside arbitration limits O N Is this a Class Action Suit? ❑Yes I@ No Is this an MDJAppeal? Yes I@ No A Name of Plaintiff/Appellant's Attorney: WILLIAM T MOLCZAN, ESQUIRE 47437 � Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) L 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 Plaintiff Administrative Agencies ❑ Malicious Prosecution IM Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation S ❑ Premises Liability E3 Statutory Appeal:Other ❑ Product Liability(does not include E mass tort) E3 Employment Dispute: SSlander/Libel/Defamation Discrimination El C ❑ Other: © Employment Dispute:Other ❑ Zoning Board T ❑ Other: I ' ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste � Other: ®Ejectment E3 Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment © Ground Rent ® Mandamus Landlord/Tenant Dispute Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title 0 Other: ❑ Medical ❑ Other: Other Professional: Updated 111/2011 t + Z ��� f11 e i.r��1SERL YL VA 0UIVTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK L4- q )32 0-10L Plaintiff No: 1 VS . COMPLAINT IN CIVIL ACTION ERIC J DESROSIERS 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 30316596 C A Pit SJS au le-ff- �dR 7n Il�� lss7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 'DISCOVER BANK Plaintiff VS. Civil Action No ERIC J DESROSIERS 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 110 3RD ST NEW CUMBERLND, PA 17070 5 . Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9683 . 6 . Defendant made use of said credit card and has a current balance due of $10111 . 20 . 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, ERIC J DESROSIERS, INDIVIDUALLY, in the amount of $10111 .20 and costs . William T. Molcz,(n, 47437 WELTMAN, WEINBE G & REIS CO. , L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 FAX: 412-338-7130 WWR# 30316596 C A Pit SJS DISC VER Discover More Card Account number ending in 9683 Open Dote:Jon 10,2014-Close Date:Feb 9,2014 Cordmember Since 1993 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $9,906.61 New Balance $10,111.20 Payments and Credits — $0.00 Minimum Payment Due $1,663.00 Purchases + $0.00 Payment Due Date March 4,2014 Balance Transfers + $0.00 •Includes post due amount of: 51438.00 Cash Advances + $0.00 Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $169.59 date listed above,you may have to pay a late fee of up to$35.00 and your New Balance $10,111.20 purchase and balance transfer APRs for new tronsoctions may be increased up to the Penalty APR of 24.99%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 $9,600 balance.For example: Credit Line Available $0fytntrFbl�ettpcydd+hs�st ,cliaegt laavtlisoybfle [ ouwilP�ndatp. Cash Advance Credit Line $2,400 Esttagth?scerdand 4t:rftonlh bc5lor�ctistmvncn't�tf3 dying firs esfimtaleffiolt� yoir;{3ay _. i slalemors Yta aboulia:, ,sf Cash Advance Credit Line Available $0 Only the minimum payment j 32 years $37,432 You may be able to ovoid 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 Cashback Bonus® Anniversary Month 1-800-347-2683 July Opening Balance $ 0.00 Please make check payable to Discover. You are overlimii. New Cashback Bonus This Period + $ 0.00 Pay the sum of the Minimum Payment Due plus the remaining Redeemed This Period —S 0.00 overlimit amount of$511.20. 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 C�un �0itllfle7y by P1ane Account number ending in 9683 1'1eas '40 tsar la7d�$ br oa*f b"o6voYtcom 1X360 357?b8 _._ _ ._ _ _ ..._._. .- ._ __._ _ _ .._.._. _ _ _, Minimum Payment Due $1,663.00 'll'�II'lllill�l�il�lll�"'III!l�lll�ll'I��II'lll�'I����I'I�I�II� New Balance $10,111.20 Payment Due Date March 4,2014 MR ERIC J DESROSIERS 110 3RD ST Amount enclosed $ NEW CUMBERLND PA 17070-2131 PO BOX 71084 CHARLOTTE NC 28272-1084 30316696 Internet III�IlhIII,,III'IHillIIII1!'ll'1'1IIII111111I�1��I �Iei payments must be received by SPM ET to be credited as of the some day ;Y ,���Address,e-mail or telephone changed?Note changes on reverse side XlrlR1DQ 000001986623670662779101112000125000166300 fir,.. . ...._._.._ __... MR ERIC J DESROSIERS Account number ending in 9683 Open Date:Jon 10,2014-Close Date:Feb 9,2014 Page 2 of 4 Important Information You must ensure that sufficient funds ore 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 What To Do If You Think You Find A Mistake On Your Statement dollar amount,or(iv)Other dollar amount. If your scheduled"Other dollar If you think there is an error on your statement,write to us t Discover,PO amount payment is not enough to cover the Minimum Payment Due as listed Box 30421,Solt Lake City,UT 84130-042 1. You must write to us within 60 on your monthly billing statement,your scheduled payment for that month days after the error appeared on your statement. You may call us,but if you will be increased to cover the Minimum Payment Due. If the scheduled do we are not required to investigate any potential errors,and you may have payment is greater than the Minimum Payment Due,any excess will be topoy the amount in question. The Billing Rights Notice further explains your applied in accordance with your Cardmember Agreement.If your scheduled rights. Please see your Cordmember Agreement or visit payment is greater than the New Balance on your billing statement,that https://discover.com/billingdghts for a copy of this notice. payment will be processed only for the amount of your New Balance.Your automatic payment amount may be less than the amount indicated on the Payments.You may pay all or part of your Account balance at any 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 your payment and the bottom portion of this statement If you n blanks below and retain the c payment se for our records. in the envelope provided after affixing postage.Payments sent without proper 9 Y postage will be returned to the sender.Do not send cash. If you pay by Amount: ❑Full Pa ❑MiPo ❑MiP + S check,you authorize us to use information on your check to make an y n y n Pay+ electronic fund transfer from your account at the financial institution indicated ❑Other AmouniS Bank Routing#: on your check or torocess the payment as a check transaction.If a payment is processed as an electronic fund transfer,the transfer will be for the amount Bank Account# of the check.When we use information from your check to make an Monthly on the❑Payment Due Dote Close Date electronic fund transfer,funds may be withdrawn from your account as soon y as the some day we receive your payment,and you will not receive your ❑ Day of month(insert dale) check bock from your financial 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 payments,if you send the payment to any bureaus.Late payments,missed payments,or other defoults 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 SPM 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 hove 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 7.10 days for delivery.If your payment is returned unpaid,we reserve the right to Paying Interest.Your due date is of least 25 days offer the close of each resubmit it as on electronic debit.Payments made 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 coiling 1-800-347-2683.Automatic payments for the billing period shown How We Calculate Interest Charges.We Use the Daily 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, Rote. For more information,please call us at 1-800-347-2683. unless you request o recurring payment date(e.g.,the 15"day of the month) that occurs before your Payment Due Date or Close Date.If your scheduled Balance Sub ed to Interest Rate. Your statement shows a Balance Subject payment date falls on a weekend or bank holiday,your payment will be to Interest Rate. It shows this for each transaction category. The Balance processed the business day prior to the weekend or bank holiday.In order to Subject to Interest Rote is the average of the daily balances during the billing 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 statement. 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$1.00 or more after authorize,in the amount selected by you,from your bank account.You also 6 months,or as otherwise required by applicable law,or upon request mode authorize us to initiate debit or credit entries to your bank account,as to the address in the Contact Us section on page 3 of your billing statement. applicable,to correct an error in the processing of such payment.You can concel a scheduled payment by phone at 1-800-347-2683 or by mail at Balance Transfe$ Bolan a Transfers are offered at our discretion and Discover,PO Box 30421,Salt Lake City,UT 84130-0421;however,we must accrue interest at ttie standard purchase rote unless we tell you otherwise. receive notice of least three business days in advance of the scheduled Discover may monitor and/or record telephone tolls between you and payment.If your payments may vary in amount,we will tell you on each Discover representatives for qualify 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 ( --- City Email 3at1e,6896 To make changes to your address, email or telephone number, visit Discover.com Continued on next page DISC VER Discover More Card Account number ending in 9683 Open Date:Jon 10,2014-Close Date:Feb 9,2014 Page 3 of 4 CONTACT US Web Aft Mobile Phone In uir Moil Payments Access 0your Manage your 1-800-DISCOVER Disco er Discover account securely account onytime, (1-800-347-2683) PO Box 30943 PO Box 610 0 0 03 at Discover.com anywhere at TDD 1-800-347-7449 Salt Lake City Carol Stream m.Discover.com UT 84130 IL 60197-6103 Transactions Trans.Dale Post Date Fees Feb 4 Feb 4 LATE FEE 5 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 169.59 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 169.59 2014 Totals Year-to-Date TOTAL FEES CHARGED IN 2014 S 70.00 TOTAL INTEREST CHARGED IN 2014 S 335.73 Interest Charge Calculation Your Annual Percentage Rate(APR)is the annual interest rate on your account. Current Billing Period:31 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 19.99% V $9,988.44 $169.59 Cash Advances 23.99% V $0.00 S0.00 V=Variable Rote Information For You For more information about how interest charges are calculated see your Cordmember Agreement or go to www.discover_com/interestcharges 30316596 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION . R ERIC J DESROSIERS _ Accounl number ending in 9683 Open Date:Jon 10,20.14-Close Date:Feb 9,2014 Page 4 of 4 30316596 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 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 (p -3 // LJ i ature) �QV e A� � pr►��-'�..�'►/�. ERIC J DESROSIERS DB Servicing Corporation servicing affiliate XXXXXXXXXXXX9683 For Discover Bank WWR# 30316596 C A Pit SJS WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T Molczan, Esquire I.D. No.47437 436 Seventh Avenue, Suite 2500 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 30316596 F1L ED -OFFiCE OF THE PRO THONG TAR Attorney for Plaintiff(s)201 AuG 29 pti 2: 1 , CUMBERLAND COUNTY PENNS ?LAMA DISCOVER BANK Plaintiff vs. ERIC J DESROSIFRS Defendant(s) Cumberland County Court of Common Pleas NO. 14-4238 CIVIL PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By William T Mol Attorney for an, Esquire a ntiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILEJ.=OFFICt.: Sheriff ol com3f7 THE PROTHONOTARY ber Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF THE SH.F.RIFF 2014 SEP 12 PM 3: 47 CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Eric J Desrosiers Case Number 2014-4238 SHERIFF'S RETURN OF SERVICE 09/09/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Eric J Desrosiers, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 808 Michigan Avenue, Leymone Borough, Leymone, PA 17043. Residence appears to be vacant. SHERIFF COST: $33.00 SO ANSWERS, September 09, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuilo Shontl, Teleosoft, Inc. Sep. 2. 2014 2:56PM Cumberland County Sherrif RO.NNY R. ANDERSON Sherif? JODY S. SMITH Chief Deputy OFFICE OF THE SHERIFF Ona Courthou.se Square, Room 303 Carlile, Pennsylvania 17013 No. 1347 To: Po,t7aster, • Agency co7 N9.2(10/q— zizsr ,4"„p4xvir Date: Address information Request Please firuish this agency with the new.address, if available,. foF the.following individual or verify whether the address giVen:below is One at which aU for this individtial is currently being 4cliveicd. • lithe, • following address is ii post office. box, plese furnish the.street address as recorded on the box holder's application fern.% Nanie:, • Last KnoWa Address: I certify the address InfoMn4i0a-forthis•individnal is re duties, • (Signa For Post'Ofilee Ilse Only NAlviail is cielivred to address given. • New Address ( ) Not Kuownat Address•Given ( ) Moved, Left No Forwarding Address ( ) No Such Addiess () Other (SpeCify) Box holdra-s' Street Ad SOS Agency Return Return Address • Postuark/Datc Stamp Lat,A0,Lin,e_ ok..1 3 Please fax results to the Cumberland County,Sheriirs Office. Number (717) 24.0-630 . . Address hformation Request (Required format) Exh'bit352.44b