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HomeMy WebLinkAbout14-5726 Supreme Court-of-Pennsylvania 30367339 C A Pit SJS �� - - - . -- Courf of Com dn'Pleas 4 Vf O •For ProthoiwtanUse ntr: hji�C-ci�;er`Sheet CUMBERLAND,,�+: t Countv Docket No: �-. . The information collected on this forth is used soleh:fol' court administration pu7poses. This form does not supplement or replace the filing and se77.ice ofpleadings or other papers as rewired bi,lain!or rules of court. Commencement of Action: S a Complaint ❑ Writ of Summons ❑ Petition E Ci Transfer from Another Jurisdiction Declaration of Taking DISCOVER BANK C Lead Plaintiffs Name: Lead Defendant's Name: T SAMUEL D KOLODZIEJCZAK I 0 Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits � Is this a Class Action Suit? ❑ Yes 19 No Is this an MDJ Appeal? ❑ Yes 63 No A William T. Molczan, 47437 Name of Plaintiff/Appellant's Attorney: ❑ Check here if you have no attorney(are a Self-Represented JPro Sel Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑Buyer Protection Administrative Agencies ❑ Malicious Prosecution R 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: O13Other: 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 13 Quiet Title 13 Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011. r PPMSYLVANA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: lq- 57026 VS . COMPLAINT IN CIVIL ACTION SAMUEL D KOLODZIEJCZAK 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 30367339 C A Pit SJS TRUE CO FR ECOID In Testimony where ere unto set my ha and the seal o id Co 't at Carlisle, i%a. This day of il,� 7s'pd � e /1770300 4,3/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: VS . COMPLAINT IN CIVIL ACTION SAMUEL D KOLODZIEJCZAK 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) 434-7 955 FAX: 412-338-7130 30367339 C A Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No SAMUEL D KOLODZIEJCZAK 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, 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 2365 LAMBS GAP RD ENOLA, PA 17025 5 . Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1903 . 6 . Defendant made use of said credit card and has a current balance due of $1406 . 78 . A copy of Plaintiff ' s Statement is attached hereto, marked as Exhibit 11111 . 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, SAMUEL D KOLODZIEJCZAK, individually, in the amount of $1406 . 78 and costs. William T. Molczan, 4 437 WELTMAN, WEINBERG EIS CO. , L.P.A. 436 7th Ave Ste 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-338-7130 WWR# 30367339 C A Pit SJS DISC VER Discover More Card Account number ending in 1903 Open Date:Apr 20,2014-Close Date:May 19,2014 Cardmember Since 2012 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $1,346.11 New Balance $1,406.78 Payments and Credits — $0.00 Minimum Payment Due $301.00 Purchases + $0.00 Payment Due Dote June 14,2014 Balance Transfers + $0.00 Includes past due amount of: $260.00 Cash Advances + $0.00 Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $25.67 date listed above,you may have to pay a late fee of up to$35.00 and your New Balance $1,406.78 purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 27.995/6 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 51,000 balance.For example: Credit Line Available $0 1 i31)tt keMW, (t5=rmtAt�ts"es 1'pga ill nyb fhg ,A00yduv>d1-11dip; - CoshAdvonceCrediiLine $200 arsitJak?sc8ltlnclttrtian ;b6lancps}fownonthis PZrYirjotresfirrnrf�dfbt�ll ?� -.._ SSfte fiefi tt abaul:; - - Cash Advance Credit Line Available $0 Only the minimum payment 7 ears 52,311 You may be able to avoid interest on Purchases. If you would like information about credit counseling services,Coll 1-800-347-1121. See reverse for details. REWARDS _ Cashback Bonus® Anniversary Month April 446 Opening Balance $ 0.00 Your FICO`"Credit Score on 3/13/14. New Coshback Bonus This Period + $ 0.00 Redeemed This Period —$ 0.00 More at Discover.com/FICO Cashback Bonus Balance $ 0.00 Please make check payable to Discover. You are overlimit. To learn more,log in at Discover.com J Pay the sum of the Minimum Payment Due plus the remaining overlimit amount of$406.78. Make Check payable to Discover NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below,detach and return with your payment (d?-ty #aymenfA�J} ln, t��llte ayyone Account number ending in 1903 P]�as�xfo"wlap or attrple�. i3Cbvertotn i1-86c13d 2 83' Minimum Payment Due $301.00 New Balance $1,406.78 Payment Due Date June 14,2014 SAMUEL D KOLODZIEJCZAK Amount enclosed is 2365 LAMBS GAP RD ENOLA PA 17025-1126 PO BOX 71084 CHARLOTTE NC 28272-1084 303673391 InternetIIIIiI II�iII��III-I'llIIIIiIIIi� I1IIIn1I1I1I11Il�iillillinl11 payments must be received by SPM ET io be credited as of the some day ,, Address,e-mail or telephone changed?Note changes on reverse side 000001986452046571302014067800025000030100 � ' EXHIB9 SAMUEL D KOLODZIEJCZAK Account number ending in 1903 _ Open Dote:Apr 20,2014-Close Date:May 19,2014 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 dollar amount,or(iv)Other dollar amount. If your scheduled"Other dollar IWhoaut To Do If You Think on You Find A Mistake On Your us Statement tatDme er,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 are not required to investigate any potential errors,and you may hove 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 Cardmember Agreement or visit payment is greater than the New Balance on your billing statement,that https://discover.com/billingdghts for o 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 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 Ifyufollowingblanks below and retain the c payment tion for our records. in the envelope provided after affixing postage.Payments sent without proper Y postage will be returned to the sender.Do not send cash. If you pay by check,you authorize us to use information on your check to make on Amount: 0 Full Pay El Min Pay 0-Min Pay+ $ electronic fund transfer from your account at the financial institution indicated 0 Other Amount$ ; Bank Routing#: on your check or to process the payment as a check transaction.If a payment is processed as on 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 electronic fund transfer,funds may be withdrawn from your account as soon Monthly on the 0 Payment Due Dote 0 Close Date as the some day we receive your payment,and you will not receive your 0 Day of month(insert date) 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 defaults on your Account other address,or if you use on envelope other than the one provided. may be reflected in your credit report.We normally report the status and Payments received in proper form at our processing facility by 5PM local time payment history of your Account to credit reporting agencies each month.If on any day will be credited to your Account as of that day.Payments received You believe that our report is inaccurate or incomplete,please write us at this at our processing facility after 5PM local time will be credited to your Account address:Discover,PO Box 15316,Wilmington,DE 19850-5316.Please as of the next day.If you 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 ea unpaid,we reserve the right to Paying Interest.Your due date is at lst 25 days after the close of each resubmit it as an 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 o 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 tolling 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 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 Subject to Interest Rate. Your statement shows o Balance Subject payment date falls on a weekend or bank holiday,your payment will be to Interest Rafe. 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 doily 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$1.00 or more after authorize,in the amount selected by you,from your bank account.You also 6 months,or as otherwise required by applicable law,or upon request made authorize us to initiate debit or credit entries to your bank account,as to the address in the Contact Us section on page 3 of your billing statement. applicable,to correct an error in the processing of such payment.You can cancel a scheduled payment by phone at 1-800-347-2683 or by mail at Balance Transfers.Balance Transfers are offered at our discretion and Discover,PO Box 30421,Salt Lake City, UT 84130-0421;however,we must accrue interest at the standard purchase rate 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 payment.If your payments may vary in amount,we will fell you on each y P you and monthly billing statement when your payment will be mode 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 black ink,in the space provided. Street Address F Home Phone Work Phone City I Email I 3610539 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 1903 Open Date:Apr 20,2014-Close Date:May 19,2014 Page 3 of 4 CONTACT US i 0 Web AM& Mobile Phone Inquiry Mail Payments Access your 4;; Manage your 1-800-DISCOVER Discover 0 Discover j account securely account anytime, (1-800-347-2683) PO Box 30943 PO Box 6103 at Discover.com anywhere at TDD 1-800-347-7449 Salt Lake City Carol Stream m.Discover.com UT 84130 IL 60197-6103 , Transactions Trans.Date Post Date Fees May 14 May 14 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES S 25.67 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 25.67 2014 Totals Year-to-Date TOTAL FEES CHARGED IN 2014 S 175.00 TOTAL INTEREST CHARGED IN 2014 S 117.90 ......__......._............__........- ......-------......._.....----._.............-...........__.........._............._..........-.....__........__............... .............-_......._.-_............_.........._.........._...__....._._—........ .........__......................._.._.._.......... Interest Charge Calculation Your Annual Percentage Rate(APR)is the annual interest rate on your account. Current Billing Period:30 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 22.99% V $1,358.47 $25.67 Cash Advances 24.99% 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/interestcharges Your FICO 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 FICOO 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 FICOO 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. 30367339 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION SAMUEL D KOLODZIEJCZAK Account number ending in 1903 Open Dote:Apr 20,2014-Close Date:_May 19,2014 Page 4 of 4 _........... ........_..... . .......... ........... __......... 30367339 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 I I 1 �, / 14 Signature) ..r-- SAMUEL D KOLODZIEJCZAK �� r DB Servicing Corporation servicing affiliate XXXXXXXXXXXX1903 For Discover Bank WWR# 30367339 C A Pit SJS Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY !LE0-O )"ICE �L�i- .I HE PROTHONOTARY 2014 OCT 24 PM 3: 31+ CUMBERLAND COUNTY PENNSYLVANIA OFFICL OF TNS_ CPtaRIFF Discover Bank vs. Samuel D Kolodziejczak Case Number 2014-5726 SHERIFF'S RETURN OF SERVICE 10/21/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Samuel D Kolodziejczak, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 2365 Lambs Gap Road, Hampden Township, Enola, PA 17025. Deputies were advised the the defendant moved a few months ago and per the Enola Postmaster mail is still delivered to the address provided. SHERIFF COST: $49.95 SO ANSWERS, October 21, 2014 (c) CountySuite Sheriff, Teleosoft, jnc. RONNY R ANDERSON, SHERIFF 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 # 30367339 Attorney for Plaintiff(s) DISCOVER BANK vs. CUMBERLAND County Court of Common Pleas NO. 2014-05726 PRAECIPE TO REINSTATE COMPLAINT SAMUEL D KOLODZIEJCZAK TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By Th William T.'Molcz , Esquire Attorney for Plaii k ff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY )FF CF CUME3F LANi PENNSYLVANIA, Discover Bank vs. Samuel D Kolodziejczak Case Number 2014-5726 SHERIFF'S RETURN OF SERVICE 12/19/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Samuel D Kolodziejczak, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 2355 Lambs Gap Road, Hampden Township, Enola, PA 17025. Deputies were advised by neighbor that the defendant moved to Philadelphia and the Enola Postmaster confirms that the defendant is not known at the address provided, but did not provide a forwarding address. SHERIFF COST: $49.95 SO ANSWER, f"NDERSON, December 30, 2014 RONNR SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc.