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HomeMy WebLinkAbout14-5719 a fy 1{� 30331953 C A Pit,~ SJS Supreme Cou t of- enns,°h7ania A�.«-R 0 %1kk,r. Cou ;of Commas Pleas - - - }C Ovei:¢ShaC ForprofJzorrotanr Use Orrlt•. CUMBERLAND, •,, _ .�` f COUutV Docket No: `w , .. The irrfornration collecred on rhis fibrin is used solely for- courr administration purposes. This for-r" does not sr,ipplenrerrt or i-eplace the filing acrd serw,•ice of pleadings or other•papers as required bi;/aii,or rules of court. Commencement of Action: S 13 Complaint ❑ Writ of Summons ❑ Petition E13 Transfer from Another Jurisdiction E3 eclaration of Taking DISCOVER BANK C Lead Plaintiff's Name: Lead Defendant's Name: PAUL E HANLEY I 0 Are money damages requested? El Yes ❑ No Dollar Amount Requested: 53 within arbitration limits N (check one) [3outside arbitration limits Is this a Class Action Suit? ❑ Yes [R No Is this an NMJ Appeal? ❑ Yes 0 No ' A William T. Molczan 47437 Name of Plaintiff/Appellant's Attorney: ❑ Check here if you have no attorney(are a Self-Represented (Pro Sel Litigant) 3 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 ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E ❑ Product Liability(does not include ❑ Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: 1 ❑ 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. N i . ty r , 4 t I C IU imR 231li 'cT P 2 9 Pii 2: �3 CU?°S RLAJN0 C0U-NIT PENNSYLVA? li IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: vs. COMPLAINT IN CIVIL ACTION PAUL E HANLEY 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 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-338-7130 30331953 C A Pit SJS �f t Le P-3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: VS . COMPLAINT IN CIVIL ACTION PAUL E HANLEY 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 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-338-7130 30331953 C A Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No PAUL E HANLEY 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. I 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, 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 20 PINE HILL AVE MECHANICSBURG, PA 17050 5 . Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3298 . G. Defendant made use of said credit card and has a current balance due of $9845 . 17 . 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, PAUL E HANLEY, individually, in the amount of $9845 . 17 and costs . / 1 i William T. Molcza 7437 WELTMAN, WEINBERG REIS CO. , L.P.A. 436 7th Ave Ste 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-338-7130 WWR## 30331953 C A Pit SJS DISC VER Discover More Card Account number ending in 3298 Open Date:Mar 3,2014-Close Date:Apr 2,2014 Cardmember Since 2006 ACCOUNT SUMMARY PAYMENT INFORMATION Page 1 of 4 Previous Balance $9,691.65 1 New Balance $9,$45,1] I Payments and Credits — $0.00 I Minimum Payment Due $1,498.00 Purchases + $OAO Balance Transfers + $0.00 Payment Due Date April 28,2014 Cash Advances + $0.00 `Includes past due amount of: $1301.00 Fees Charged + S35.00 1 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $118.52 date listed above,you may have to pay a late fee of up to$35.00 and your New Balance $9,845.17 I purchase and balance transfer APRs for new transactions may be increased up to j the Penalty APR of 24.24%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 59,200 balance.For example: i Credit Line Available 50 If siotsiarsntstttdthoi alAtjigq s `�flrttiv+IlPny:off the Andlrravwtgefidtip Vstng thI'kord too eeclt tnOrttlt i c ldnice shovyn on flji's pc:y+nS,tir,esh�taledtota j I Cosh Advance Credit Line $3,500 statertrittildbavi of,,. you _ Cash Advance Credit Line Available SO I Only the minimum payment 23 years 7 $22,174 You may be able to avoid interest on Purchases. If you would like information about credit counseling services,call 1-800-347-1121. Seereverse for details. ..............................................................................._............................................._..........._.........................................---._....................._.........._....._.........................._...................._J ` ................................................................................................................_................................................................_..................... r_.............................................._.............................................._._........._..........__............................................_.._..........._......., REWARDS r..........._ ......__............._.. ...---_-------.._.._........._.........._............................._..............__......._............................._.........................._...............__ . Cashback Bonus® Anniversary Month 547 April j Opening Balance 0.00 S Your FICO1'Credit Score on 2/24/14. j New Cashback Bonus This Period +$ 0.00 Moreat Discover.com/FICO Redeemed This Period —$ 0.00 .........................__........__........ Cashback Bonus Balance $ 0.00 Please make check payable to Discover. You are overlimit. To learn more,log in at Discover.com Pay the sum of the Minimum Payment Due plus the remaining overlimit amount of$645.17. Make Checkthe pe fo Discover NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below,detach and return with your payment ........................................... ......_.......... . �•O�ttY181i11 iSU�fiIT fty: Pay by Phony Account number ending in 32981 1?1aso do not laid,eit�or srple bisebver cite 1$(7Od7 2ta$3 _... ..__. ...__........................................._............_..................... ._......................._........ _.. Minimum Payment Due $1,498.00 I I it lil II i I 'Ililililil it l ; New Balance $9,845.17' I .I ,II 'I I I III III: nl Payment Due Date April 28,2014 ..................................................._.............._................... .....................__............ PAUL EL HIL A I Amount enclosed $ 20 PINE HILL AVE MECHANICSBURG PA 17050-1641 PO BOX 71084 CHARLOTTE INC 28272-1084 il:1 II'IIIIIIII II I,i ll ll ll'I Ililllll'I I i iili d 30311,N&Internet payments must be received by 5PM ET to be credited as of the someday Address,e-mail or telephone changed?Note changes on reverse side DOW 000001986458861314512098451700819280149800 PAUL E HANLEY Account number ending in 3298 Open Date:Mar 3,2014-Close Dole:Apr 2,2014 _ 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 tronsodions 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 at: Discover,PO omouni'payment is not enough to cover the Minimum Payment Due as listed Box 30421,Sa11 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 to pay the amount in question. The Billing Rights Notice further explains your applied in accordance with your Cord member Agreement.If your scheduled rights. Please see your Cardmember Agreement or visit payment is greater than the New Balance on your billing statement,that https://discover.com/billing rights 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 Date. However,you must pay at least the Minimum Payment Due by the Payment If ou enroll by phone in our automatic payment service,please fill-in the Due Dole.Send only your payment and the bottom portion of this statement yy in the envelope provided 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 [I check,you authorize us to use information on your check to make an Amount: Full Po y ❑Min Pay 0 Min Pay+ S _ electronic fund transfer fromyour account at the financial institution indicated 0 Other Amounts ; Bank Routing#: on your check or to process the payment as a check transaction.If o payment is processed as an electronic fund transfer,the transfer will be for the amount Bonk Account# 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❑Payment Due Date Close Date as the some day we receive your payment,and you will not receive yourDay of month(insert date) check back from your financial institution. 11 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 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 have misplaced your envelope,send your payment include your name,address,home telephone number and Account number. to Discover,PO Box 6103,Coro]Stream,IL 60197.6103.Pleose allow 7.10 days for delivery.If your payment is returned unpaid,we reserve the right to Paying Interest.Your due dote 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 Tronsoction 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 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 a 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'ect 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 Rate 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 last 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 S 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 low,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 Transfer;.Balance Transfers are offerTd at our discretion and Discover,PO Box 30421,Salt Lake City,UT 84130-0421;however,we must accrue interest at the standard purchase rate un�esswe tett 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 monthly billing statement when your payment will be made and how much it Discover representatives for quality assurance purposes. 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 block ink,in the space provided. Street Address — — Home Phone — --� Work Phone L City ��� Email 36V§53 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 3298 Open Date:Mar 3,2014-Close Date:Apr 2,2014 Page 3 of 4 C .............._.........................._.........................._._.........................._............__.........._.............................................................................................................................................................................................................................................................................................__.............. Web AM& Mobile Phone Inquiry Mail Payments ~' Access your Manage your 1-800-DISCOVER Discover 0 Discover account securely account anytime, (1-800-347-2683) PQ Box 30943 PQ Box 6103 at Discover.com anywhere at TDO 1-800-347-7449 Salt Lake City Carol Stream ...................____..................._.__........._.._.........__.._........_......................--_m.Discover.com... UT 84130 IL 60197-6103 _..........................................................._.............................._................_. Transactions Trans.Date Post Date Fees Mar 28 Mar 28 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 ................................................_....._.__.............................................................._..............._.........................................................._...._..........._............................................................................._................................................................................__............._............................_.............— ......................._... ................................................... Interest Charged INTEREST CHARGE ON PURCHASES S 118.52 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 118.52 2014 Totals Year-to-Date TOTAL FEES CHARGED IN 2014 S 140.00 ..._............_................_...........__............................_._............................._.........._.._........................................_.............. TOTAL INTEREST CHARGED IN 2014 $ 451.06 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 11/22/2013 and after 19.24% V $144.34 $2.38 11/21/2013 and prior 14.24% V $9,604.53 S116.14 Cash Advances 23.99% V $0.00 $0.00 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/inierestchorges Your FICOO Credit Score is based on data from TransUnion and may be different from other credit scores.Discover and other lenders may use different inputs like a FICO"Credit Score,other credit scores and more information in credit decisions.If you prefer not to receive your FICO''Credit Score on your statement, just call us at 1.800-347-3085. Please give us two billing cycles to process your request. To learn more,visit Discover.com/FICO.Your FICO' score is provided for your own non-commercial personal review,use and benefit. FICO is a registered trademark of the Fair Isaac Corporation in the United States and other countries. 30331953 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION PAUL E HANLEY Account.number.ending in 3298 Open Date:Mar 3,2014•Close Date:A r 2,2014 page 4 of 4 ... P..._... 30331953 VERIFICATION (Name) (Ti e 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, 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 (Signatur PAUL E HANLEY DB Servicing Corporation servicing affiliate XXXXXXXXXXXX3298 For Discover Bank WWR# 30331953 C A Pit SJS Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ILEO-OFt! OF DIE PRO THOP. O T t4''t' 2x14 OCT 21 PM 2: 56 CUMBERLAND ANIA Discover Bank vs. Paul E Hanley Case Number 2014-5719 SHERIFF'S RETURN OF SERVICE 10/09/2014 05:33 PM - Deputy Noah Cline, being duly sworn according to law, served the requested CompFaint & Notice by "personally' handing a true copy to a person representing themselves to be the Defendant, to wit: Paul E Hanley at 20 Pine Hill Avenue, Silver Spring, Mechanicsburg, PA 17050. NOAH CLINE, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, October 15, 2014 RONIN R ANDERSON, SHERIFF (c) Coun y Suite Sheriff, Tel=_osoff, i c. 4 Your Name: Your Address: Your Phone No.: P610 I4-c,rICY 2- firly 1\ A m-ectiein,fsbUC3 PPI- 17050 717- 4161-66, yr Defendant in Pro Per ISCokir ( _1''1LEO-OF HCL t" I HE PROl HOMO lA(y 2014 NOV 12 PH 2: la 4 CUMBERLAND COUNTY PENNSYLV! N(A IN THE STATE OF PP1 os yI Vcn►q COUNTY OF C U m lot(' (Creditor's Name) Plaintiff, vs, f74L'I HAn)tf) (Your Name) f ) Defendant(s). ) ?uI (Your Name) I-LanIly CASENO.: / 9~ 57 !9 (Usually # Stamped on Summons or Complaint) ANSWER , Defendant in Pro Per, answers the Complaint as follows: 1. Defendant acknowledges that Defendant has an account with Plaintiff; however, Defendant disputes that the amount owed to Plaintiff equals the relief sought in the complaint. In particular, the amount sought by Plaintiff appears to include excessive interest charges, fees, and costs designed to prevent unsophisticated members of the general public from ever understanding the Plaintiffs ever changing agreement or to actually completely pay the debt. The effective annual rate of interest is NOT readily apparent from the documents filed by Plaintiff. 2. Defendant has rights under the Fair Debt Collections Practices Act, 15 U.S.C. 1692(g)(2002), that must be respected by this court. In particular, Defendant hereby demands verification of the debt, and a strict accounting of all interest, fees, and all other charges that Plaintiff is seeking expressed in an effective annual percentage rate, so as to allow the parties and court to determine whether Plaintiff is charging usurious and unenforceable amounts of interest and fees and/or seeking a double recovery upon any amount that may prove to be owed. *\,- 3. �3. Defendant is suffering severe financial hardship caused by 1 li rn "hy to 'licit' i v G)// riy b/./15 Car 0wmi.1. 4 hou5 o is (kr e 1vS rcky ny (oh B(k)andDefendant fell behind on payments to Plaintiff. I J Answer - 1 b‘,'ICii suOct+ vi4Ic , 50-(5 ve evYrrf4'0,c i 9{+ a ('cr,`sz, + *tie -cvld o f 1-4,c perk w� e II !my cerokci,'Uhs b�,`h5 ),to G bo f 4300. oo r ccn n v i- court -i - Q'h..; r 4. Defendant is suffering severe financial hardship but does not wish to file bankruptcy if possible. Defendant is attempting setlement of Defendant's debts. Defendant is trying to save enough funds to settle this claim and Defendant's other debts out of court but has insufficient funds as of today to settle this account. S. Should Plaintiff force Defendant to file for Bankruptcy protection due to this collection action, Plaintiff will receive far less, if anything, from a bankruptcy trustee. 6. Plaintiff, being fully aware of Defendant's financial situation, could and should have granted Defendant more time to accumulate funds for settlement or offered a reasonable compromise (the entire charged balance plus Plaintiffs costs and fees is not possible or reasonable), as Plaintiff contends that it has been doing business with Defendant for many years. However, Plaintiff refused to work with Defendant to resolve this matter and proceeded to charge Defendant more than what is legally owed in this lawsuit filed against Plaintiff. 7. If Plaintiff is demanding attorney fees, the provision referred to is buried deep within the credit card agreement. State law requires a prominent display of such terms in boldface to alert consumers to this potential fee transfer before it can be enforceable in a court of law. B. Defendant hereby denies everything not expressly admitted above. AFFIRMATIVE DEFENSES A. Paintiff is in breach of the original agreement; B. Plaintiff never took the Defendant's instrument(s) for value and consideration under the Uniform Commercial Code, or otherwise; C. Plaintiff misrepresented the terms and conditions under the alleged agreement by not disclosing all material facts to Defendant, wherefore Defendant was improperly and/or fraudulently induced to sign or accept the instrument(s) without knowledge or reasonabie opportunity to obtain knowledge of its true character or its essential terms, resulting in fraud in the inducement. D. Plaintiff materially altered the instrument(s) relied upon in this suit without notifying Plaintiff in writing of all changes as required by law and Plaintiffs own policies and procedures. The changes, from the time of the initial alleged agreement, changed the alleged agreement in material respects including, but not limited to, changes in interest rates, calculation of interest, payment due date, late fees, over limit fees, and terms of use. Plaintiffs changes constituted material changes and those changes operate as a discharge. E. Defendant submits that the principle balance of the account has been paid in full. F. Plaintiff does not have any actua damages. G. Plaintiff improperly created new money or credits to Defendant's account. Answer - 2 ^ H. Plaintiff has failed to match the balance sued upon with the charges made to the account and to differentiate purchases and cash advances from Plaintiffs own charges and fees. Further, by failing to differentiate these items, plaintiff seeks a double recovery and interest on interest. 1. Plaintiff has failed to identify the portion of the balance sued upon that is interestand the rate of that interest. J. Plaintiff has failed to identify the portion of the balance sued upon that is other than charges and interest such and fees. K. Plaintiff's combination of costs, fees, and other charges violates usury laws. K8 Plaintiff, prior to the initiation of this action, charged off and/or sold this account and no Ionger has standing to litigate this matter. N. The statute of limitations expired prior to the initiation of this action. O. Defendant reserves the right to amend or add any additional issues and new information is P. Plaintiffs actions are designed to create a class of people forever in its debt effectively becoming indentured servants. The United State5 Congress has seen fit to try to curb some of plaintiffs abuses of its customers. WHEREFORE, Defendant asked that judgment for Plaintiff be denied at this time, so that Defendant may have additional time in a sincere attempt to settle this matter and avoid the necessity of fiing for bankruptcy protection. Defendant further seeks such other relief as the court may award to defendant such as the costs incurred herein. ! Dated: (|110//4 f9aAj (Sign Your Name) | J pet / F7c�i // `e (Print Your Name) Defendant in Pro Per w Certificate of Service I certify under penalty of perjury that a true and exact copy of this Answer was placed in the mail with s fficient postage to delivery this document to Attorney for Plaintiff mailed on 1O/iII/`i ,20 /y as follows: (Insert Month and Day) Attorney for Plaintiff: Name of Attorney: L/' 1 I i • /o I i.c v Name of Law Firm: y71137 lkifrv►an, vIe'hNy(r) 4 (ZtIS Co L' P- A Law Firm Address: t{3(, 7 Sift 290 P,'tts"°5 PAi8'tl- La w Firm Phone No: y ►Z - 9 3 y - 79 'S CFAs: At 11- 3 3? -113 aj 3033112t,r 3 C A- p i i- STS Defendant in Pro Per Your Name: � 1 j (h It Your Address: .2_0 p,'„z (-{,'ll cA✓c r�Ytti��ct iDur i' ridso Your Phone Number 7 /7- 11-61— 66 kt(G Name of Courthouse: Pr©v,060 far' Of Cumbrrl'I Coon t'y Address of Courthouse: d nc Covr}hovS{ Syv4rt i7v13 St); f /ao Cu�I� k PB. Telephone No. of Courthouse 7i7- 0,50- 6 I95 Courthouse Location (The address must be on the Summons or Complaint) Answer- 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff, No. 2014-05719 TYPE OF PLEADING: vs. PLAINTIFF'S REPLY TO NEW MATTER PAUL E HANLEY, 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.PA. 436 Seventh Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 WWR 14 30331953 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff, vs. PAUL E HANLEY, Defendant. No. 2014-05719 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: A -M. The averments contained in Paragraphs A through M constitute conclusions of law to which no response is required. N. The averment contained in Paragraph N 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 August 26, 2013. 0-P. The averments contained in Paragraphs 0 through P 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: 01....7- Williamsqui T. Molczan, re PA I.D.# 47437 436 Seventh Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 WWR# 30331953 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 ICt day of ove1JYb2/ , 2014, upon the following: Paul E. Hanley 20 Pine Hill Avenue Mechanicsburg, PA 17050-1641 By: Ai William T. Molczan, PA I.D.# 47437 436 Seventh Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 'quire