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Home My WebLink About14-6565 Supreme Court of-TennsvIvania WWR# 30402989 C A Pit SJS Cou A of Common Pleas gWil[G&-ver, h 6ef For Prothotr my 1,seOyzlr: �,�� ` CUMBERLAND-,ry�,L,` % Count<< Docket No: � 1 The information collected on this forret is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required bA-laiv ar rules of court. Commencement of Action: S 13 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 RYAN J MELICK 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 IR No Is this an MDJ Appeal? 13Yes 63 No Name of Plaintiff/Appellant's Attorney:William T. Molczan, 47437 ❑ Check here if you have no attorney(are a Self-Represented [Pro 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 RI 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 ❑ Product Liability(does not include ❑ Employment Dispute E Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: I ❑ Other: 0 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 1/1/201.1 C! n)) fit(b§h •-i+,i It't 3,_t 't1 z r, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: VS . COMPLAINT IN CIVIL ACTION RYAN J MELICK 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 30402989 C A Pit SJS a � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS . Civil Action No RYAN J MELICK 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 1003 ALISON AVE MECHANICSBURG, PA 17055 S . Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3128 . 6 . Defendant made use of said credit card and has a current balance due of $7876 .45 . 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, RYAN J MELICK, individually, in the amount of $7876 .45 and costs . G/ T At4u� William T. Molcza , 47437 WELTMAN, WEINBERqj& REIS CO. , L.P.A. 436 7th Ave Ste 2500 Pittsburgh PA 15219-1842 (412.) 434-7955 FAX: 412-338-7130 WWR# 30402989 C A Pit SJS DISC VER Discover More Card Account number ending in 3128 Open Date:Jul 27,2014-Close Date:Aug 26,2014 Cordmember Since 2011 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $7,681.29 i New Balance $7,876.45 1i Payments and Credits – $0.00 Minimum Payment Due' $1,597.00 Purchases + $0.00 i Payment Due Date September 21,2014 Balance Transfers + $0.00 1 'Includes past due amount of: S1381.00 Cash Advances + $0.00 i Fees Charged + $35.00 I Late Payment Warning: If we do not receive your minimum payment by the II Interest Charged + $160.16 date listed above,you may have to pay a late fee of up to$35.00 and your New Balance $7,876.45 I purchase and balance transfer APRs for new transactions may be increased up to 1 the Penalty APR of 29.99%variable. See Interest Charge Calculation section following the Minimum Payment Warning: If you make only the minimum payment each Transactions section for detailed APR information � ._.__........—....____........_..__.....__.......—...........____._........._..........._._............_..........._._.........__ i period,you will pay more in interest and it will take you longer to pay off your Credit Line $6,500 balance For example Credit Line Available $0 Inaketo iriddibmr�ytStt Ps Yta4w+llp0y4f the Addy u it(etl� I u.slt g th,ct,d and such nror+lfr bolame shoyrn orr this pay{r+g:an esFrm�zfed iofat I i Cash Advance Credit Line $3,300 1 I a�pa „ ,slolemont itk about,,. Cash Advance Credit Line Available SO I Only the minimum payment 1 26 years $31,844 i You may be able to avoid interest on Purchases. -- -----...._... ......_..._...;...._.._...............—._.—._.....-- _._......— See reverse for details. If you would like information about credit counseling services,call 1-800-347-1121, REWARDS Cashback Bonus® Anniversary Month I June Your FICO'Credit Score on 6/20/14.Your Balance $ 0.00 I New Coshback Bonus This Period + 5 0.00 �\ More at Discover.com Redeemed This Period –S 0.00 Please make check payable to Discover. You are overlimit. Cashback Bonus Balance $ 0.00 Pay the sum of the Minimum Payment Due plus the remaining 1, 70 learn more,log in of Discaver.cam overlimit amount of$1376.45. -- - -- Make Check payable Discover NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below,detach and return with your payment PQynlenf Golup6n., Pay 040"0' � �clyby Pho d Account number ending in 3128 P1asedat+ t¥o(d cl`rpoCsttrfl Disttiveram.: 1B483 Minimum Payment Due $1,597.00 "I'Ill�l�i'II II'I�il lll��'li ''�'Ill�l��lllillll '�II'III'li New Balance $7,876.45 Payment Due Date September 21,2014 „,, __........_._............................................_.._...........__............................._.........._.._............_..............._............_ RYAN J MELICK Amount enclosed 5 1003 ALISON AVE MECHANICSBURG PA 17055-3910 PO BOX 71084 CHARLOTTE NC 28272-1084 30402989 Internet payments must be received by SPM ET to be credited as of the some day Address,e-mail or telephone changed?Note changes on reverse side 000001986623635177772078764501597820159700 RYAN 1 MELICK Account number ending in 3128 Open Date:Jul 27,20.14-Close Date:Aug 26,2014— Page 2 of 4 Important Information You must ensure that sufficient funds are ailable in your bank account,and See your Cardmember Agreement.Your Cardmember Agreement all transactions must comply with U.S. law.av 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 It 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 amount"payment is not enough to cover the Minimum Payment Due as listed Box 30421,Solt 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 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 Card 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 haps://discover.com/billing6ghis 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 billing statement based on credits or payments after the Close Date. ym y pay all or pari of your Account balance at anytime. . However,you must pay at least the Minimum Payment Due by the Payment Due Date.Send only our paymentand the bottom portion of this statement If you enroll by phone in our automatic payment service,please fill-in the y in the enveloppe 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 Amount: (]Full Pa Min Pa check,you authorize us to use information on your check to make an Y Pay_101 Min Pay+ $ electronic fund transfer from your account at the financial institution indicated D Other Amount$ Bank Routing#: on your check or toprocess 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 Monthly on the Payment Due Date G Close Date electronic fund transfer,funds m Y be withdrawn from our account as soon as the some day we receive Your payment,and you will not receive your Day of month(insert date) check back 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 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 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,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 at least 25 days after the close of each resubmit it as on 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 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 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 ihot (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 Subject 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 Iasi four(4) Credit Balances. If your Account has o 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 io 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 low,or upon request made authorize us to initiaie debit or credit entries to your bank account,as to the address in the Conioct 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 offer d 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 you and payment.If your payments may vary in amount,we will tell you on each Discover representatives for qualify assurance purposes. monthly billing statement when your payment will be made and how much it will be. The Discover®card is issued by Discover Bank,Member FDIC. TL23N CHANGE OF ADDRESS If correct on front,do not use.Please print clearly in blue or black ink,in the space provided. Street Address Home Phone ---- —— ---- -------_.J _._..—... _.._—.._... -- —.._..._—...__.._ Work Phone ......_...._.........._.........................._........__............__........................--............................................. City Email 3624"UR89 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 3128 Open Date:Jul 27,2014-Close Date:Aug 26,2014 Page 3 of 4 ,CONTACT U'S ------------------- Web Aft Mobile Phone Inquiry Mail Payments Manage your Access your ■ M 1-800-DISCOVER Discover Discover 0 0 0 0 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 Aug 21 Aug 21 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35,00 Interest Charged INTEREST CHARGE ON PURCHASES $ 10189 INTEREST CHARGE ON CASH ADVANCES 56.27 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 160.16 2014 Totals Year-to-Date TOTAL FEES CHARGED IN 2014 $ 280.00 TOTAL INTEREST CHARGED IN2014 1,150.84 ....................................... ..................................................................—.-............ . ................................................................................................. ............ 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 11/15/2013 and after 28.99% V $487.38 $12.00 03/18/2013 to 11/14/2013 2199% V $4,509.50 $91.89 06/08/2011 to 03/17/2013 18.99% V $0.03 $0.00 Cash Advances 23,99% V $2,761.60 $56.27 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 FICOO Credit Score Terms The FICOO Credit Score we provide will never impact your credit score. Your FICOO Credit Score is based on data from TronsUnion and may be different from other credit scores.This information is intended for and delivered to the Primary cardmembers only that have an available score and is available on the statement for individual accounts and on Discover.com for individual and joint accounts.Discover and other lenders may use different inputs like a FICOe Credit Score,other credit scores and more information in credit decisions. If you prefer not to receive your FICOIB Credit Score on your statement,just call us at 1-800-DISCOVER(1-800-347-2683). Please give us two billing cycles to process your request.To learn more,visit Discover.com.This benefit may change or end in the future. FICO is a registered trademark of the Fair Isaac Corporation in the United States and other countries. 30402989 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION RYAN J MELICKAccount number endin0 in 3128 _ Open Date:Jul 27,2014-Close Date:Aug 26,2014Page 4 of 4 30402989 1 I VERIFICATION ..rq—v"r (Name) 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 lie/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 (Signature) RYAN J MELICK DB Servicing Corporation servicing affiliate XXXXXXXXXXXX312 8 For Discover Bank WWR# ' 30402989 C .A Pit SJS Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY-Fi_ pR'F-�3,.. r ;ter it-�;r t Et. � HONO�tI�.fi .,Ii�i:C1� 0 PO Ion ber6bia 2111 1-1 DEC -4 AM 9: CUMBERLAND PENNSYLVANIA Y Discover Bank vs. Ryan J Melick Case Number 2014-6565 SHERIFF'S RETURN OF SERVICE 11/20/2014 09:07 PM - Deputy Shawn Gutshall, 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: Ryan J Melick at 339 Stonehedge Ln, Mechanicsburg, PA 17055. GUTS ' , DEPUTY SHERIFF COST: $50.60 SO ANSWERS, I November 21, 2014 RONNY R ANDERSON, SHERIFF (C ounty5uite ;her", Tel oft. L..,.