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HomeMy WebLinkAbout14-4942 Supreme Court.-of Pennsylvania Y Q0H,(. bf Comtch6n Pleas ` For Prothonotao tUse t)rtlY': et 3 county Dock No: �9pLrr� r� - r rte' The informption collected on this forthis used solely for court administration purposes. This form does not strpplemen.t or replace the filing and service of pleadings or other papers as required lir Imi,or rules o,f court. S Commencement of Action: E ® Complaint ElWrit of Summons ElPetition ❑Transfer from Another Jurisdiction ❑Declaration of Taking iC Lead Plaintiff's Name: Lead Defendant's Name: T DISCOVER BANK JACK A KECK I Are money damages requested? ® Yes El No Dollar Amount Requested: ®within arbitration limits 0 (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes N No A Name of Plaintiff/Appellant's Attorney:Apothaker Scian P.C. ❑ 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 Plaintiff Administrative Agencies ❑ Nblicious Prosecution ®Debt Collection:Credit Card ❑Board of Assessment ❑Motor Vehicle ❑ Debt Collection:Other ❑Board of Elections ❑ Nuisance ❑Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S El Product Liability(does not ❑ include mass tort) Employment Dispute: E ❑ Slander/Libel!Defamation Discrimination El Other: El Employment Dispute: Other ❑Zoning Board T ❑ Other: I I ❑Other: o MASS TORT NEl Asbestos ❑ Tobacco ❑Toxic Tort-DES REAL PROPERTY MISCELLANEOUS € ❑Toxic Tort-Implant ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ Toxic Waste ❑Eminent Domain/Condemnation [I Declaratory Judgment B ❑Other: ❑Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations r ❑Mortgage Foreclosure:Residential Restraining Order j ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL ❑Partition ❑ Replevin LL BLITY ❑ Quiet Title ❑ Other: E]Dental El Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 11112(/11 Our File No.: 381505 '?694 Apothaker Scian P.C. j/ By: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road Suite C306 rC PO Box5496 Mt. Laurel,NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK ) COURT OF COMMON PLEAS CIO DB SERVICING CORPORATION, 6500 ) CUMBERLAND CO TY NEW ALBANY ROAD ) /J -NEW ALBANY, OH 43054 ) NO.: U Plaintiff, ) VS. ) JACK A KECK ) 309 E PORTLAND ST ) MECHANICSBURG, PA 17055-3355 ) Defendant. ) NOTICE 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 &D 717-249-3166 pd a .X 1 Our File No.: 381505 Apothaker Scian P.C. By: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road Suite C306 PO Box 5496 Mt. Laurel,NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK ) COURT OF COMMON PLEAS C/O DB SERVICING CORPORATION, 6500 ) CUMBERLAND COUNTY NEW ALBANY ROAD ) NEW ALBANY, OH 43054 ) NO.: Plaintiff, ) VS. ) JACK A KECK ) 309 E PORTLAND ST ) MECHANICSBURG, PA 17055-3355 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is Discover Bank ("Plaintiff'), a Delaware State Bank and issuer of the Discover Card. 2. Defendant(s) is/are JACK A KECK ("Defendant"), an adult individual residing at 309 E PORTLAND ST, MECHANICSBURG, PA 17055-3355. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ("Account")to Defendant. 4. The Account number ends in 3286. 5. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 6. The account is in default due to Defendant's failure to make timely payments. • i1 1 7. Although demand has been made, Defendant has failed to make payment of the amount due. 8. The amount due as of this date is $1,571.36. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of$1,571.36 and requests this Court award costs to the extent permitted by applicable law. Apoth er S ian P.C. Attorney for laintiff A Law Firm Engaged in Debt C611ection BY: David J. Apothaker, Esquire Our File No.: 381505 VERIFICATION CX Y1 4kt (Name) itle) of DB Servicing Corporation, the 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 o 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 card, 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. Signature) Defendant's Name: JACK A KECK DB Servicing Corporation, servicing affiliate Account Number: ending in 3286 of Discover Bank Our File No.: 381505 PO Box 3025 New Albany, OH 43054 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF KE, S »RIFT- 'itIE PROTHONN N ?Quo SEP -t+ PM 2:31 CUMBERLAND COUNTY PENNSYLVANIA Discover Bank Case Number vs. Jack A Keck 2014-4942 SHERIFF'S RETURN OF SERVICE 08/27/2014 01:07 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Tami Keck, Wife, who accepted as "Adult Person in Charge" for Jack A Keck at 309 E. Portland Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. SHERIFF COST: $39.30 August 29, 2014 (0) CountySutte Sheriff. ?n eoso,`t, ton. TIM BLACK, DEPUTY SO ANSWERS, RR ANDERSON, SHERIFF IN THE MAGISTRATE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA Magisterial District 09-3-05 DISCOVER BANK ) COURT OF COMMON PLEAS C/O DB SERVICING CORPORATION, 6500 ) CUMBERLAND COL TY NEW ALBANY ROAD ) (u { NEW ALBANY, OH 43054 ) N© Plaintiff, ) v. JACK A. KECK, Defendant. ANSWER CIVIL ACTION ANSWER OF DEFE rn W ca m r o < The undersigned Defendant hereby enters an appearance pro se in the above -captioned matter and answers the Complaint of _DISCOVER BANK C/O DB SERVICING CORPORATION as follows: The Defendant presents a defense against the allegations of Plaintiff and intends to appear at the scheduled hearing. The Defendant lacks sufficient information to either admit or deny the allegations of the Complaint with respect to the actions of Plaintiff or which require a legal conclusion; the Defendant denies the remaining allegations of the Complaint and demands strict proof thereof. The Defendant requests that the Plaintiff be required to verify the alleged debt and to provide a detailed accounting of all charges, credits, offsets and payments to the alleged account in order to permit further admissions and denials together the original of any alleged contract and proof of delivery thereof AFFIRMATIVE DEFENSES 1. The Defendant alleges that the complaint and each and every cause of action stated therein fails to state facts sufficient to constitute a cause of action against the Defendant. 2. The Defendant alleges that the amount claimed by Plaintiff has been inflated to include improper finance and other charges and late payment fees inappropriately charged by Plaintiff. The Defendant submits that these charges are unconscionable and that allowing Plaintiff to collect these amounts would be inequitable. The extra fees and costs applied by Plaintiff created an impossibility of performance. 3. The Defendant denies that Plaintiff is entitled to collect any additional amounts under any contract with Plaintiff. The Defendant contends that the excessive interest, late fees and penalties charged by Plaintiff result in there being no enforceable contract between the parties that would allow Plaintiff to recover the amounts claimed. 4. As a result of the excessive amounts charged by Plaintiff, the Defendant has not been able to reduce the debt, making performance of any obligation impossible. The Defendant contends that these fees should be discharged in their entirety. The Defendant denies that Plaintiff is entitled to recover the interest that was included in the amount sought by Plaintiff, and demands an accounting of the manner that Plaintiff calculated the amounts prayed for in the Complaint. 5. Plaintiff has an affirmative duty to prove the amount of the debt. If the Plaintiff cannot prove the amount of the debt, this matter should be dismissed with prejudice. 6. The amount that the Plaintiff alleges is due is greater than the actual amount due, and therefore the Defendant demands a complete accounting. 7. Plaintiff lacks standing to bring this action. 8. The Defendant is not indebted to the Plaintiff for the amount claimed. 9. The Defendant contends that Plaintiff has charged excessive interest, late fees and penalties and that there is no enforceable contract between the parties that would allow Plaintiff to recover the amounts already charged. 10. This action may be barred by the statute of limitations. 11. Any records of or statements by the affiant specified in the Complaint do not constitute business records of the Plaintiff; rather they constitute inadmissible hearsay evidence of a third party and any reference thereto in the pleadings is improper. 12. Plaintiff has not appeared by counsel and any request for attorney's fees for a non - lawyer is improper. WHEREFORE the Defendant requests: 1. That the Complaint be dismissed with prejudice. 2. That the relief prayed by the Plaintiff be denied. 3. That the Court award such other and further relief as the nature of this case may require. a. K. ; Jack Keck 309 . st Portland Street Mechanicsburg, Pennsylvania 17055 717-458-5705 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, V. JACK A KECK, Defendant. No. 14-4942 Civil ANSWER CIVIL ACTION Cr) ANSWER OF DEFENDANT The undersigned Defendant enters an appearance pro se in the above -captioned matter and answers the Complaint of Discover Bank as follows: FIRST COUNT 1. The Defendant lacks sufficient information after reasonable inquiry to either admit or deny any allegations regarding any actions of Plaintiff; the Defendant denies any remaining allegations contained in Paragraph 1 of the First Count of the Complaint. 2. The Defendant admits only an address as specified below; the Defendant denies any remaining allegations of Paragraph 2 of the First Count of the Complaint. 3. The Defendant lacks sufficient information after reasonable inquiry to either admit or deny any allegations regarding the actions of Plaintiff and the remaining vague allegations contained in Paragraph 3 of the First Count of the Complaint, which are deemed to be denied, and demands strict proof thereof. 4. The Defendant lacks sufficient information after reasonable inquiry to admit or deny the vague allegations contained in Paragraph 4 of the First Count of the Complaint; the Defendant denies any remaining allegations in Paragraph 4. 5. The Defendant specifically denies the vague allegations contained in Paragraph 5 of the First Count of the Complaint and demands strict proof thereof; the Defendant denies any remaining allegations in Paragraph 5. The Defendant requests that Plaintiff be required to verify the debt and to provide a detailed accounting of all alleged purchases, charges, credits, offsets and payments to the alleged account in order to permit further admissions and denials. 6. The Defendant specifically denies the allegations contained in Paragraph 6 of the First Count of the Complaint and demands strict proof thereof. The Defendant requests that Plaintiff be required to verify the debt provide a detailed accounting of all alleged purchases, charges, credits, offsets and payments to the alleged account. 7. The Defendant specifically denies the allegations contained in Paragraph 7 of the First Count of the Complaint and demands strict proof thereof. The Defendant requests that Plaintiff be required to provide written proof of all alleged notices and demands together with proof of receipt thereof by the Defendant. 8. The Defendant specifically denies the allegations contained in Paragraph 8 of the First Count of the Complaint and demands strict proof thereof. The Defendant requests that Plaintiff be required to verify the debt and to provide a detailed accounting of allalleged purchases, charges, credits, offsets and payments to the alleged account in order to permit further admissions and denials. AFFIRMATIVE DEFENSES 1. The Defendant alleges that the complaint and each and every cause of action stated therein fails to state facts sufficient to constitute a cause of action against the Defendant. 2. The Defendant alleges that the amount claimed by Plaintiff has been inflated to include improper finance and other charges and late payment fees inappropriately charged by Plaintiff. The Defendant submits that these charges are unconscionable and that allowing Plaintiff to collect these amounts would be inequitable. The extra fees and costs applied by Plaintiff created an impossibility of performance. 3. The Defendant denies that Plaintiff is entitled to collect any additional amounts under any contract with Plaintiff. The Defendant contends that the excessive interest, late fees and penalties charged by Plaintiff result in there being no enforceable contract between the parties that would allow Plaintiff to recover the amounts claimed. 4. As a result of the excessive amounts charged by Plaintiff, the Defendant has not been able to reduce the debt, making performance of any obligation impossible. The Defendant contends that these fees should be discharged in their entirety. The Defendant denies that Plaintiff is entitled to recover the interest that was included in the amount sought by Plaintiff, and demands an accounting of the manner that Plaintiff calculated the amounts prayed for in the Complaint. 5. Plaintiff has not and is not able to legitimately verify the alleged debt. Plaintiff has an affirmative duty to prove the amount of the debt. If the Plaintiff cannot prove the amount of the debt, this matter should be dismissed with prejudice. 6. The amount that the Plaintiff alleges is due is greater than the actual amount due, and therefore the Defendant demands a complete accounting. 7. Plaintiff lacks standing to bring this action. 8. The Defendant is not indebted to the Plaintiff for the amount claimed, 9. The Defendant disputes the validity of the affidavit of a third party in support of the Complaint and requests strict proof of the information alleged in the affidavit. The Defendant also demands that the affidavit be disregarded as hearsay since it is alleged by a non-party to this action, was prepared in anticipation of litigation and does not reference business record of the Plaintiff. 10. The Defendant contends that Plaintiff has charged excessive interest, late fees and penalties and that there is no enforceable contract between the parties that would allow Plaintiff to recover the amounts already charged. 11. This action may be barred by the statute of limitations. WHEREFORE the Defendants requests: 1, That the Complaint be dismissed with prejudice. 2. That the relief prayed by the Plaintiff be denied. 3. That the Court award such other and further relief as the nature of this case may require. Jac A. Keck 30 East Portland Street Mechanicsburg, Pennsylvania 17055 717-458-5705 Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this %Z day of 5c/041 'er Ufa copy of the foregoing pleading was mailed, first-class, postage pre-paid to: / David. J. Apotbaker Apothaker Scian, P.G. 520 Fellowship Road C306 Mount Laurel, New Jersey 08054 800-672-0215 Attorney for Plaintiff INDIVIDUAL VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF ) The undersigned, being duly sworn, deposes and says that: I am the defendant in the within -named action; that I have read the foregoing Answer to the Complaint and know the contents thereof and that same is true to the best of my knowledge, except as to those matters therein stated to be alleged upon information and belief and as to those matters I believe to be true. Sworn to before me thi day of COMMONWEALTH OF PENNSYLVANIA Notarial Seal John Osborne, Notary Public Hampden Twp., Cumberland County My Commission Expires Nov. 20, 2017 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Jac ‘d a . Keck yLa.