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Home My WebLink About14-6566 - - i Supreme Cou3t;offennsylvania WWR# 30388121 C A Pit SJS Cou 'If Commo eas ' ,.. Jj gip; he { Fo-Prolhoiw1my Use On4r. CUMBERLAN4��4i,} CQUIlh' Docket No: j t. The nrfornmtion collected on this for'nt is used soleh:for court administration purposes. This form does not supplement or replace the filing and ser vice ofpleadings or other papers as required bi,lay,,or rules of court. Commencement of Action: S 13 Complaint ❑ Writ of Summons ❑ Petition E E3 Transfer from Another Jurisdiction 13 eclaration of Taking C DISCOVER BANK Lead Plaintiff's Name: Lead Defendant's Name: T WAYNE L SOUDER z 0 Are money damages requested? ® Yes ❑ No Dollar Amount Requested: Q within arbitration limits N (check one) ❑ outside arbitration limits Is this a Class Action Suit? ❑ Yes Q No Is this an MDJ Appeal? ❑ Yes 63 No A Name of Plaintiff/Appellant's Attorney: William T. Molczan'47437 ❑ Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) i 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 [71 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 [3 Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: i 0 ❑ 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 m`_ l�i� �n-•j,4 iHj 9 a3f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: vs . COMPLAINT IN CIVIL ACTION WAYNE L SOUDER 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 30388121 C A Pit SJS C� s,7spd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS . Civil Action No WAYNE L SOUDER 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 34 KIM ACRES DR MECHANICSBURG, PA 17055 5 . Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7584 . 6. Defendant made use of said credit card and has a current balance due of $19171 . 59. A copy of Plaintiff ' s Statement is attached hereto, marked as Exhibit 'l 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, WAYNE L SOUDER, individually, in the amount of $19171 . 59 and costs . William T. Molcza 47437 WELTMAN, WEINBE & REIS CO. , L. P.A. 436 7th Ave Ste 00 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-338-7130 WWR# 30388121 C A Pit SJS DISC VER Discover More Card Account number ending in 7584 Open Date:May 13,2014-Close Date:Jun 12,2014 Cardmember Since 1996 ACCOUNT SUMMARY PAYMENT INFORMATION Page 1 of Previous Balance $18,977.16 \1' New Balance i Payments and Credits – $0 00 ! 9 7�.59 i Minimum Payment Due' Purchases + $0.00 i y $2,934.00 Balance Transfers + Payment Due Dote $0.00 j July 7,2014 Cash Advances + $0.00 `Includes past due amount of:, $2554.00 Fees Charged + $35.00 l Interest Charged + Late Payment Warning: If we do not receive your minimum payment by the $159.43 date listed above,you may have to pay a late fee of up to$35.00 and your New Balance $19,171.59 purchase and balance transfer APRs for new transactions may be increased up to i Ithe Penalty APR of 20.24%variable. See Interest Charge Calculation section following the n Minimum Payment Warning: If you make only the minimum payment each Transactions section for detailed APR information j period,You will pay more in interest and it will take you longer to pay off your Credit Line $18,000 balance.For example: Credit Line Available - �ys ll tr�ake tto irdc ncm€tl chrtr 0s; Yart W pay fl#f the Axti you wtll trd yip j Cash Advance Credit Line $8,500 ixstrig ihrtcarclandehrnanth 1661a+ac.@shownGn.;thls Ing trr4,esfimeateEl4cils 7° slatrsr3rtt( abaut: )� " Cash Advance Credit Line Available $0 Onlythe minimum Payment 30 ears l $33,070 You may be able to avoid interest on Purchases. If you would like information about credit counseling services,call 1-800-347-1121. See reverse for details. 1 1 REWARDS _............_. --...........-.._.._-.........._._........._..._ I Cashback Bonus® Anniversary Month March Opening Balance $ 0.00 Your FICO'Credit Score on 6/6/14. New Cashback Bonus This Period + $ Redeemed This Period 0.00 j More at Discover.com –$ 0.00 Cashback Bonus Balance $ 0.00 Please make check payable to Discover. You are overlimii. Pay the sum of the Minimum Payment Due plus the remaining To learn more,log in at Discover.com overlimii amount of$1171.59. Make Check payable io Discover Please fold on the perforation below,detach and return with your payment NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION t<ayJ11e1r1 IJ�btt 0. Pay 0011.1e � Voy by P}ltltt� Account number ending in 7584'" Pl as sl�s y+fit#t id.:clip at st ple C tov�r am 1-�31, ' __:2iS 3 _... _ ... Minimum Payment Due $2,934.00 I II�i il�l!l1 Ill 1jljjjjjllll lillll llli11!,ri;lilliIll ill I! New Balance $19,171.59 Payment Due Date July 7,2014 WAYNEL SOUDER ........................................._._........_..._.......... .__............_.__.....__......._.__..._._..__.._....__........_._.... 6112 PINE ST Amount enclosed $ i HARRISBURG PA 17112-1849 •,_................_....... _....._._............ _._.__....— ---...--- PO BOX 71084 CHARLOTTE NC 28272-1084 303B$rl22rld Internet payments must be received by 5PM ET io be credited as of the someday I ! , Address,e-mail or telephone changed?Note changes on reverse side (L 000001986454186368523191715902920170293400 I WAYNE L'SOUDEP, Account number ending in 7584 Open Date:May 13,2014•Close Date:Jun 12,2014 Page 2 of 4 Important Information You must ensure that sufficient funds are available in your bank account,and See your Cardmembe r Agreement.Your Cardmember Agreement all transactions must comply with U.S. low. contains all the terms of your Account. Lost or stolen cards.Report immediately)Call 1-800-347-2683. You can set automatic payments for: (i)statement New Balance, a statement Minimum Payment Due,(iii)statement Minimum Pa ( ) dollar amount,or iv (� y Payment Due plus a fixed What To Do If You Think You Find A Mistake On Your Statement (� )Other dollar amount. If our scheduled"Other dollar If you think there is an error on your statement,write to us of: 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 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/billing6ghts 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 Due Date.Send only your payment and the bottom portion of this statement If you enroll by phone in our automatic payment service,please fill-in the in the enveloppe provided offer 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 check,you authorize us to use information on your check to make on Amount: 0 Full Pay 0 Min Pay L_J Min IMin Pay+ S electronic fund transfer from your account at the financial institution indicated ❑Other Amount$ on your check or to process the payment as a check transaction.If a payment Bank Routing#: is processed as an electronic fund transfer,the transfer will be for the amount Bank Account# of the check.When we use information from your check to make on electronic fund transfer,funds maybe withdrawn fromyour account as soon Monthly on the Payment Due Dote 0 Close Date as the some day we receive Your payment,and you will not receive your check back from your financial institution. O Day of month(insert date) The processing of your payment may be delayed if you send cash,corres- Credit Reporting.We may report information about your Account to credit pondence or other items with your payments,if you send the payment to any bureaus.Late payments,missed payments,or other defaults on your Account other address,or if you use an envelope other than the one provided. may be reflected in your credit report.We normally report the status and Payments received in proper form of 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 offer 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 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 interest on Cash You can pay your monthly Minimum Payment Due,or a greater amount that Advances and BalanceTransfers asate each month.Wellofthe latein r f 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 C41culate Interest Charges.We Use the Daily Balance Method on yementour statement will be deducted on the Payment Due Date shown on that (including current transactions)to calculate the Balance Subject to Interest states you ou request ext automatic payment date referred to on your statement, Role. For more information,please call us at 1-800-347-2683. 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'ectto Interest Rate. Your statement shows a Balance Subject payment date foils on a weekend or bank holiday,your payment will be to Interest Rbt. 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 Rote is the average of the daily balances during the billing schedule monthly payments by telephone,you will need this statement and your bank account information.You will be asked to provide the last four(4) Credit Balances. If your Account hos a credit balance,the amount is shown digits of the social security number of the primary borrower.By providing on the front of your billing statement. A credit balance is money that is owed those numbers as your electronic signature,you will c agreeing to this to you. You may make charges against this amount if your Account is open. authorization to allow us and your bankfo deduct each payment you We will send you o refund of any remaining balance of S1.00or 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 fell you otherwise. receive notice at least three business days in advance of the scheduled payment.If your payments may vary in amount,we will tell you on each Discover may monitor and/or record telephone calls between you and 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 Bonk,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 Work Phone City Email Att6421 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 7584 Open Date:May 13,2014-Close Date:Jun 12,2014 Page 3 of 4 CONTACT US r......._............._......—.... - _........_.__.......__._....... ._........__........_.......... ...........—..._—........_..........._.._......._._.......—.._...—......--.._._........__._.......................... -....... ....._0 _.....__....__..........._.._.........._—......._........ ........... .......... ........... .._._........ -- Web Mobile Phone Access your Manage your 01-800-DISCOVER 0Inquiry Mail Payments I 0 account securelyDiscover Discover 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 -- UT 84130 IL 60197-6103 Transactions l Trans.Date Post Date Fees Jun 7 Jun 7 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES INTEREST CHARGE ON CASH ADVANCES $ 159.43 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 0.00 TOTAL INTEREST FOR THIS PERIOD 159.43 2014 Totals Year-to-Date TOTAL FEES CHARGED IN 2014 S 210.00 .. ........ TOTAL INTEREST CHARGED IN 2014 S 910 66 Interest Charge Calculation ----------------....___...__- Your Annual Percentage Rate(APR)is the annual interest rate on your account. Current Billing Period:31 days TYPE OF BALANCE ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO Purchases (APR) INTEREST RATE INTEREST CHARGE 02/01/2014 and after 15.24% V $143.46 08/30/2010 to 01/31/2014 10.24% V $1.87 08/29/2010 and prior ° $10,799,58 $93.90 Cosh Advances 9.24/° V $8,111.16 $63.66 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/interestcharges FICO®Credit Score Terms The FICO®Credit Score we provide will never impact your credit score. Your FICOID Credit Score is based on data from TransUnion 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 FICO(B 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. Cash,Cashier's Check,and Money Order Payments Toward Your Discover Account Discontinued at Searse Effective July 1,2014,Discover cardmembers will no longer be able to make payments to their Discover account with cash,cashier's checks or money orders at Sears locations.Cardmembers may still make payments towards their Discover account via personal check at Sears locations,online at www.discover.com, by mailing us a personal check,cashier's check or money order,calling us at 1-800-DISCOVER(1-800-347-2683),or by sending us a cash payment from any Western Union location.Please note,additional fees may be charged by Western Union or the business issuing your money order or cashier's check. 30388121 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION WAYNE L"S ....... in-... _ .__._._. 30388121 VERIFICATION JaOiC< 'Derr L;t4Q r ' 11'00 � (Name) (Title) 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 1. �'i� �D 2 01 V (Signature) WAYNE L SOUDER DB Servicing Corporation servicing affiliate XXXXXXXXXXXX7584 For Discover Bank WWR# 30388121 C A Pit SJS Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF TKE cHT RIF:' i k +i ��11 n D C { .i i. A I', CUMBERLA2 COUNTY PENNSYLVANIA Discover Bank vs. Wayne L Souder Case Number 2014-6566 SHERIFF'S RETURN OF SERVICE 12/16/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Wayne L Souder, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 34 Kim Acres Drive, Upper Allen, Mechanicsburg, PA 17055. Defendants no longer reside at this address the current residents moved in as of October 2014. As of December 16, 2014 the Mechanicsburg Postmaster has not been able to provide a good forwarding address for the defendant. SHERIFF COST: $44.30 SO ANSWERS, December 16, 2014 (c) CountySuite Sheriff, Teleosoft, inc. RONNiY R ANDERSON, SHERIFF WELTMAN,WEINBERG & REIS CO.,L.P.A. BY: William T. Molczan, Esquire Attorney for Plaintiff(s) I.D.No. 47437 436 7th Ave Ste 2500 Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 434-7959 File# 30388121 WTM/SJS DISCOVER BANK CUMBERLAND County Court of Common Pleas vs. No.: 14-6566 CIVIL WAYNE L SOUDER PRAECIPE TO DISMISS WITH PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter with prejudice . WELTMAN, WEINBERG& REIS CO., L.P.A. By —,�� o-f-14�------� William T. Molczan, E ire Attorney for Plaintiff