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HomeMy WebLinkAbout14-4401 A f Supreme Court.;o -Pennsvlvania WWRi# 30301101 C A Pit SJS Cou of Common-Pleas t / l,. " ' �?A For Protlroiwtaq Use Only: Civil Cover>S 'heet 'x r CUMBERLAND; ," County Docket No: Die information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleodings or other papers as required by lau.,or rules of court. Commencement of Action: S a Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Declaration of Taking C DISCOVER BANK Lead Plaintiff s Name: Lead Defendant's Name: T JASON M LATTIN 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? 13Yes 19 No Is this an MDJ Appeal? 13Yes tai No Name of Plaintiff/Appellant's Attorney: William T. Molczan, 47437 ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] 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 E3 Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute:Other ❑ Zoning Board T ❑ Other: ❑ Other: I O 13Other: 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 FILED-OFFICE 01 H-E PROTHONOTARY 201JUL 23 All !(: 401 CU PEN YLVAN A TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: !4 - 401 01vilTem VS . COMPLAINT IN CIVIL ACTION JASON M LATTIN 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 30301101 C A Pit SJS S !l 3.15 PA AT" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS . Civil Action No JASON M LATTIN 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 15 FAIRFIELD ST NEWVILLE, PA 17241 5 . Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2141 . 6 . Defendant made use of said credit card and has a current balance due of $9147 .46 . 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, JASON M LATTIN, INDIVIDUALLY, in the amount of $9147 .46 and costs . William T. Mol an, 47437 WELTMAN, WEINBERG & REIS CO. , L. P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 FAX: 412-338-7130 WWR# 30301101 C A Pit SJS DISC VER Discover More Card Account number ending in 2141 Open Date:Jon 27,2014-Close Date: Feb 26,2014 Cardmember Since 2007 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $9,025.92 New Balance $9,147.46 Payments and Credits — $0.00Minimum Payment Due" j Purchases + 0.00 ( y $1,400.00 $ Payment Due Date March 21,2014 Balance Transfers Includes past due amount of: 51217.00 1 Cash Advances + $0.00 Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $86.54 date listed above,you may have to pay a late fee of up to$35.00 and your New Balance $9,147.46 Purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 16.24%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 $8,400 balance. For example: j Credit Line Available 50 winIf o*s tart and a make-no each l crnanell�es ;bolagcg op will sblxswrl on f�fs pub,r an esti rtcsl¢ tq l Cash Advance Credit Line $2,500 1 you. ..... stotgmctgt+i�about;,, all. Cash Advance Credit Line Available s0 Only the minimum payment 1 17 years $15,131 i You may be able to avoid interest on Purchases. If you would like information about credit counseling services,call 1-800-347-1121, i Seereverse for details. ....................... ................................................................_............._.............................__........_.........................................................................................................................— ........................................................ ................................................................................................ _� REWARDS ContactUs Discover.com .....1 _ ................................................................._.............................................................................................................................................._...Anniversary Month......... , 1-800-347-2683 Cashback Bonus® May _.......... ..._........._.................._...__........................._..__................................. ....._._...._.__............._......_. Opening Balance 5 0.00 Please make check payable to Discover. You are overlimit. New Cashback Bonus This Period + $ 0.00 Pay the sum of the Minimum Payment Due plus the remaining Redeemed This Period —$ 0.00 -_._...._.........._............_...__... _........._.._._........--_....._..._............................................................................_._......_.__......._.._.......,....._............__........- overlimit amount of$747.46. Cashback Bonus Balance $ 0.00 To learn more,log in at Discover.com I Make Check payable to Discover NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below,detach and return with your payment ftyment Coupon Pay{Inline fluty by phone ,Account number ending in 2141� . ..... Pl6ascJdnorfa(d,clip or.sfop(e;, OtSt4vef:Corr1 l8(1b�47t583' i Minimum Payment Due $1,400.00 , I;I;ii li li li I� INew Balance $9,147.46 ! II' ; ._.... ...._... .. . Payment Due.Date March 21,2014 JASON M LATFIN yj I 15 FAIRFIELD ST ,,Amount enclosed 5 NEWVILLE PA 17241.1305 PO BOX 71084 CHARLOTTE NC 28272-1084 ll'I' I,!II.. 11' MINIM Internet payments muss be received by SPAR ET to 6e credited as of the some day IilN Address,e-mail or telephone changed?Note changes on reverse side 000001986458574645962091474600751430140000 EXrnBII ` 1 JASON M LATTIN Account number ending in 2141Op _ en Date_Jan 27,2014-Close Dote:Feb 26,2014 Poge 7 of 4 Important Information You must ensure that sufficient funds are available in your bank account,and See your Cardmember Agreement.Your Cordmember Agreement oil 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 immediotelyl Coll 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 siclemeni,write to us at: Discover,PO amount"payment is not enough to cover the Minimum Payment Due as listed Box 30421,Salt Lake City,UT 84130-0421. 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 ore not required to investigate any potential errors,and you may have payment is greater than the Minimum Payment Due,any excess will be to pay 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/billingrighis 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. billing statement based on credits or payments after the Close Dote. ym You may pay all or part of your Account balance at any lime. However,you must pay of 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 following blanks below and retain the authorization for our records. in the envelope provided after affixing postage.Payments sent without proper g Y posic a will be returned to the sender.Do not send cosh. If you pay by Amount: Full Pa Min Po 'Min Pay+check,you authorize us to use information on your check to make an Y — Y Y S electronic fund transfer fromyour account at the financial institution indicated ( 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 J Payment Due Dote (�Close Date as the some day we receive your payment,and you will not receive your check back from your financial institution. Day of month(insert date} 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 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 of this of 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 7.10 days for delivery.If your payment is returned unpaid,we reserve the right to Paying Interest.Your due date is of least 25 days after the close of each resubmit it as an electronic debit.Payments made online or by phone will be billing period (of 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 Dote 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 represeMotive by calling 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, Rate. For more information,please call us at 1-800-347-2683. unless you request o recurring payment date(e.g.,the 15'i"cloy of the month) that occurs before your Payment Due Date or Close Dote.If your scheduled Balance Sub ect to Interest Rate. Your statement shows o Balance Subject payment date falls on a weekend or bank holiday,your payment will be to Interest Ra e. It shows this for each transaction category. The Bolan o� processed the business cloy prior to the weekend or bank holiday.In order to Subject to Interest Rote is the overage 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 last four(4) Credit Balances. If your Account hos 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 51.00 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 on error in the processing of such payment.You can cancel o scheduled payment by phone of 1-800-347-2683 or by mail of Balance Transfers.Balance Transfrs are offered at our discretion and Discover,PO Box 30421,Salt Lake City,UT 84130-0421;however,we must accrue interest at the standard purctose rate unless we 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 mode 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 block ink,in the space provided. Street Address iHome Phone { I Work Phone ! City Email 38sib X01 To make changes to your address, email or telephone number, visit Discover.com Continued on next page DISC VER Discover More Cord Account number ending in 2141 Open Date:Jan 27,2014-Close Date:Feb 26,2014 Page 3 of 4 CONTACT US .................... ... 0 Web Mobile © Phone Inquiry Mail Payments { Access yourManage your 1-800-DISCOVER Discover 0 Discover account securely account anytime, (1-800-347-2683) PO Box 30943 PO Box 6103 i 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.Date Post Date Fees Feb 21 Feb 21 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 ..................................................._..................................................................._....................................,...__..............._..........._............_....................................................._............................. .._............................................................................................................,......_......................................_........... .............................................................. Interest Charged INTEREST CHARGE ON PURCHASES S 86.54 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 86.54 2014....Totals Year-#o-Date... __._.--.__..__.__. .____.-----__._-------__....- ----------__......__.__-............._.__......____....__.......___.---..._-._._---._ ___......_-...... ___.__..._ TOTAL FEES CHARGED IN 2014 S 70.00 TOTAL INTEREST CHARGED IN 2014 S 171.93 ............................................................................................................................................................................................................................................................................................................... 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 11.24% V $9,067.74 S86.54 Cash Advances 20.99% $0.00 50.00 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/inierestcharges 30301'101 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION JASON M„LATTIN................................................................Account.number endi...n.q in 2141................... Open Date:Jan 27,2014-Close Date: Feb 26,2014 Po e 4 of 4 .... ........ ...... ............ ....... ... ......... ..... ............13............................ 30301101 r VERIFICATION e) (TitW 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 VJ)A(- /IZZI�;Iz (Signature) JASON M LATTIN DB Servicing Corporation servicing affiliate XXXXXXXXXXXX2141 For Discover Bank WWR# 30301101 C A Pit SJS SHERIFF'S OFFICE OF •CUMBERLAND COUNTY Ronny R Anderson F � ;�u-OF ICE Sheriff �J=' THE PROTHONOTAR'', Jody S Smith Chief Deputy Richard W Stewart Solicitor lal lfItter/rlf E OF ME S?ERIFP 2014 AUG -8 AM II: 02 CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Jason M Lattin Case Number 2014-4401 SHERIFF'S RETURN OF SERVICE 07/31/2014 06:35 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Jason M Lattin at 15 Fairfield Street, Newville Borough, Newville, PA 17241. CHRIST.' HER`SHARPE, DEPUTY SHERIFF COST: $41.56 SO ANSWERS, August 05, 2014 ic) C ountySuito Sheriff, Telzosoff, Inc. RONNY R ANDERSON, SHERIFF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JASON LATTIN 15 FAIRFIELD ST. NEWVILLE, PA 17241 717-776-9154 Pro Se DISCOVER BANK vs. JASON LATTIN IN THE COURT OF COMMON PLEAS THE STATE OF PENNSYLVANIA, IN CUMBERLAND COUNTY Plaintiff, Defendants. �gol Case No.: 14-4442+ Defendant's Answer C7 r..3 c t -p = ti --s ZCO r fti7 cz r n :w' x GD - G7 t- Z TI ice" y,c w CD , COMES NOW DEFENDANT, Pro Per, and in answer to the Complaint on file herein, for myself, denies and alleges as follows: GENERAL DENIAL (All Causes of Action) 1. Defendant denies generally and specifically all the allegations contained in the Complaint, and each and every purported cause of action directed against him, and the whole thereof. Further, this Defendant's Answer - 1 answering Defendant denies the Plaintiff is entitled to any recovery at all by the way of its Complaint. 2. Defendant denies the allegations contained in said Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements. 3. Defendant denies the allegations contained in said Complaint as there is not, nor has there ever been any agreement, written, oral or implied with the Plaintiff and Defendant. 4. Defendant lacks knowledge about the truth and therefore denies allegations contained in in said Complaint, Plaintiff has failed to provide Defendant with any kind of account numbers or documentation for alleged debt. 5. Defendant denies the allegations contained in said Complaint as alleged charges were fraudulently procured. FIRST AFFIRMATIVE DEFENSE (Failure to State a Cause of Action) 6. As a first, separate, distinct and affirmative defense, this answering Defendant alleges the Plaintiff in its Complaint, fails to state facts sufficient to constitute any cause of action against this answering Defendant. SECOND AFFIRMATIVE DEFENSE (Statute of Limitations) 7. As a second, separate, distinct and affirmative defense, this answering Defendant alleges Plaintiff's Complaint is time-barred by the applicable Statute of Limitations on credit card debit in the state of PENNSYLVANIA. THIRD AFFIRMATIVE DEFENSE (Estoppel) Defendant's Answer - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. As a third, separate, distinct and affirmative defense, this answering Defendant alleges that Plaintiff's own conduct estops, and therefore bars, it from seeking the relief demanded for each cause of action in its Complaint. FOURTH AFFIRMATIVE DEFENSE (Lack of Privity) 9. As a fourth, separate, distinct and affirmative defense, this answering Defendant claims Lack of Privity as Defendant has never applied nor entered into any contractual, written, oral or implied credit arrangements with Plaintiff. FIFTH AFFIRMATIVE DEFENSE (Statute of Frauds) 10. As a fifth, separate, distinct and affirmative defense, this answering Defendant alleges that Plaintiff's Complaint violates the Statute of Frauds as the alleged agreement or contract rests within a class of contract or agreement that are required to be in writing. Plaintiff has failed to produce such documentation to support their allegation. SIXTH AFFIRMATIVE DEFENSE (Party in Interest) 11. As a sixth, separate, distinct and affirmative defense, this answering Defendant alleges that Plaintiff is not the real party in interest. Plaintiff has not provided a bill of sale or valid agreement of debt to prove ownership of alleged debt. SEVENTH AFFIRMATIVE DEFENSE (Barred under Federal Law) 12. As a seventh, separate, distinct and affirmative defense, this answering Defendant alleges that Plaintiff is barred under the&Fair Debt Collection Practices Act from collecting attorney fees, interest, Defendant's Answer - 3 penalties and other assorted collection fees, and any amount not specifically provided for by alleged agreement that Plaintiff has not provided. EIGHTH AFFIRMATIVE DEFENSE (Accord and Satisfaction) 13. As a eighth, separate, distinct and affirmative defense, this answering Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted a form of payment or credit from Plaintiff for the alleged debt. NINTH AFFIRMATIVE DEFENSE (Damages) 14. As a ninth, separate, distinct and affirmative defense, this answering Defendant alleges that Plaintiff damages are limited to actual or real damages only. Plaintiff voluntarily made an assumption of risk and is not entitled to judgment. Plaintiff's damages are limited to real or actual damages of actual cost paid or exchanged to alleged Original Creditor for alleged debt. TENTH AFFIRMATIVE DEFENSE (Collection) 15. As a tenth, separate, distinct and affirmative defense, this answering Defendant alleges that Plaintiff has not proven that they are authorized and licensed to collect claims for others in the State of PENNSYLVANIA, solicit the rights to collect or receive payment of a claim of another. ELEVENTH AFFIRMATIVE DEFENSE (Estoppel) 16. As a eleventh, separate, distinct and affirmative defense, this answering Defendant alleges that Complaint fails to allege or prove Defendant's Answer - 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that the Plaintiff is licensed and has procured a bond in the State of PENNSYLVANIA as required. TWELFTH AFFIRMATIVE DEFENSE (Estoppel) 17. As a twelfth, separate, distinct and affirmative defense, this answering Defendant reserves the right to plead other affirmative defenses that may become applicable at a later date. WHEREFORE, Defendant prays that the court take noting of Plaintiff's Complaint by virtue and dismisses the complaint. Date -(78/ 0 111 gnature Defendant's Answer - 5 PROOF OF SERVICE BY MAIL STATE OF PENNSYLVANIA, IN CUMBERLAND COUNTY I am over the age of 18 years; my home address is 15 FAIRFIELD ST. NEWVILLE, PA 17241 On Qg / 4OJq I served the DEFENDANT'S ANSWER on the interested parties in this action by placing the true copy/original thereof, enclosed in a sealed envelope, postage prepaid, addressed as follows: WILLIAM T. MOLCZAN WELTMAN, WEINBURG & REIS CO., L.P.A. 436 7TH AVE. STE. 1400 PITTSBURG, PA 15219-1827 The foregoing sealed envelope was placed for collection and mailing this date, so that it will be picked up this date with postage thereon fully prepaid at CUMBERLAND COUNTY, PENNSYLVANIA, in the ordinary course of such personal mailing. X I declare under penalty of perjury under the laws of the State of PENNSYLVANIA that the foregoing is true and correct. Executed on 0 O / 0 /ga/l, in CUMBERLAND COUNTY, PENNSY bANIA Sign- ure otsori Print Name Defendant's Answer - 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Iii -&1-10I Plaintiff, Nor-1-4-44V4— TYPE o:-i-4= - TYPE OF PLEADING: vs. PLAINTIFF'S REPLY TO NEW MATTER JASON LATTIN, FILED ON BEHALF OF: Defendant. Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. No. 47437 Weltman, Weinberg & Reis Co., L.P.A. 436 Seventh Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 WWR # 30301101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff, vs. JASON LATTIN, Defendant. No. 14-4404 PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, by and through its counsel, William T. Molczan, Esquire and Weltman, Weinberg & Reis Co., L.P.A., and files the following Reply to New Matter: 6. The averment contained in Paragraph 6 constitutes a conclusion of law to which no response is required. 7. The averment contained in Paragraph 7 constitutes a conclusion of law to which no response is required. By way of addition pleading, Defendant last made a payment on the account on July 21, 2013. 8-17. The averments contained in Paragraphs 8 through 17 constitute conclusions of law to which no response is required. WHEREFORE, Plaintiff respectfully requests that this Honorable Court find in favor of the Plaintiff and against the Defendant. Respectfully Submitted: WELTMAN, WEINBERG & REIS, CO., L.P.A. By: (A/ William T. Molczan, ::'quire PA I.D.# 47437 436 Seventh Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 WWR# 30301101 CERTIFICATE OF SERVICE I certify that I served a true and correct copy of Plaintiff's Reply to New Matter by First Class Mail, Postage Pre -Paid, on the 22. day of , 2014, upon the following: Jason Lattin 15 Fairfield Street Newville, PA 17241 By: f William T. Molczan, quire PA I.D.# 47437 436 Seventh Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JASON M LATTIN Defendant TO THE PROTHONOTARY: Civil Action No. 14-4401 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT Kindly enter Judgment against Defendant, JASON M LATTIN, in the amount of $9,147.46 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A. By: ttorney for Plaintiff ON (I) ofirw FAIRFIELD ST ATT E VILLE, PA 172411305 WWR# 30301101 ouit QIL1),sbpd a IloOLP5 724 93dq/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No 14-4401 CIVIL TERM JASON M LATTIN Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, JASON M LATTIN, above- named, in the amount of $9,147.46 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $9,147.46. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, JASON M LATTIN, in the amount of $9,147.46 plus continuing interest thereon at the statutory rate of 6.000% per annum from the date of judgment, and costs. 3. Defendant shall pay monthly at a rate of $100.00 per month beginning on October 26, 2014 and continuing for six (6) months or until March 26, 2015 at which point the account shall be reviewed for a further suitable payment arrangement. 4. All payments are to be made payable to the order of "DISCOVER BANK" 5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 7th Ave Ste 2500, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. Time is of the essence of this agreement and should the Defendant fails to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 7. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 8. Intending to be legally bound, the parties set their hands and seals this day - of 6L' hes - , 20 1/ . SON M LA 5 FAIRFIELD EWVILLE, PA 172411305 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. # 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Ave Ste 2500 Pittsburgh, PA 15219 WWR# 30301101 A PIT SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JASON M LATTIN Defendant JASON M LATTIN 15 FAIRFIELD ST NEWVILLE, PA 172411305 Civil Action No. 14-4401 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on i I Milli (xx) Assumpsit Judgment in the amount of $9,147.46 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non -Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent - Prothonotary By: PROTHONOTARY (OR DEPUTY)