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HomeMy WebLinkAbout14-6568 Supreme Courtpf-Pennsylvania NI;WR# 30388171 C A Pit SJS CoUAt;`f Commo fleas ? '' ' ;;1 iVifoS'erSheet ForPrott:oitotarr Use t)ntT': j. t f CUMBERLAND 1 Count}: Docket No: The information collected on this form is used soler'for court administration purposes. This form does not supplement or replace the filing and service of"pleadings or other papers as required b.v low or rules of court. Commencement of Action: S M Complaint ❑ Writ of Summons ❑ Petition Transfer from Another Jurisdiction E3 eclaration of Taking C DISCOVER BANK Lead Plaintiff's Name: Lead Defendant's Name: T ALEXANDER D LAY I 0 Are money damages requested? El Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑outside arbitration limits Is this a Class Action Suit? ❑ Yes 13 No Is this an MEW Appeal? ❑ Yes Q No A Name of Plaintiff/Appellant's Attorney: William T. Molczan, 47437 ❑ Check here if you have no attorney(are a Self-Represented [Pro Se]Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Protection Administrative Agencies ❑ Malicious Prosecution 7 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 [3 Product Liability(does not include [3 Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute:Other ❑ Zoning Board 'I' ❑ Other: ❑ Other: I ❑ Other: N MASS TORT ❑ Asbestos $ ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort-DES 13 Ejectment ❑ Common Law/Statutory Arbitration ❑ Toxic Tort—Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Toxic Waste ❑ Ground Rent 1 ❑ 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 Cl Other: ❑ Legal ❑ Medical ❑ Other Professional: 11ndatod 1 A/int 1 •IF7ye } U7 ., CIO rt rr� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK . Plaintiff No: VS . COMPLAINT IN CIVIL ACTION ALEXANDER D LAY 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 30388171 C A Pit SJS avA �115 ,"IS �L Q r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No ALEXANDER D LAY 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 (7 17) 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 600 S ENOLA RD ENOLA, PA 17025 5 . Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6786 . 6 . Defendant made use of said credit card and has a current balance due of $6324 .42 . A copy of Plaintiff ' s Statement is attached hereto, marked as Exhibit 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, ALEXANDER D LAY, individually, in the amount of $6324 .42 and costs . Will"WEINB , 47437 WELT & REIS CO. , L.P.A. 436 7th Ave Ste 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-338-7130 WWR# 30388171 C A Pit SJS. Discover More Card DISCVER Account number ending in 6786 Open Dote:May 26,2014-Close Dote:Jun 25,2014 Cordmember Since 2006 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION $6,220.42 ' I' New Balance $61324.42 Previous Balance Payments and Credits – $0.00 I Minimum Payment Due* $964.00 + $0.00 I July 20,2014 Purchases Payment Due Dote i Balance Transfers + $0.00 I '.Includes post due amount of: $837.00 Cash Advances + $0.00 Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $69.00 I date listed above,you may have to pay a late fee of up to$35.00 and your purchase and balance transfer APRs for new transactions may be increased up to New Balance $6,324.42 the Penalty APR of 17.99%variable. i See Interest Charge Calculation section following the Minimum Payment Warning: If you make only the minimum payment each I Transactions section for detailed APR information period,you will pay more in interest and it will take you longer to pay off your — — ......_ ....— _.—......._.... ........-- — $6,000 Credit Line balance For example: Credit Line Available $0 ! o17LY1oiCeitotS'tJ41;!!:1l1t�ltlidrl Yo4 y°1 oyo ke AEi ytuwill.:aTtdatY I csitag thrs tidwed and each mtxilh bafar�ce shawrt an this paying stn esFFrnal�d lotat Cash Advance Credit Line $1,700 ! y .. s1Q#emonttaltcul: tsF,k j _ I Cash Advance Credit Line Available $0 Onl the minimum a ment 16 ears $11,372 j If yo You may be able to avoid interest on Purchases. If would like information about credit counseling services,toll 1-800-347-1121. See reverse for details. �----- J REWARDS rr 1 ......__.............._.......... ------.......--.........-- _._. ........_..........._..............__........—........ ........—_._. Anniversary Month r Cashback Bonus® February $ 0.00 Opening Balance New Cashback Bonus This Period + $ 0.00 Redeemed This Period –$ 0.00 Cashback Bonus Balance $ 0.00 Please make check payable to Discover. You are overlimit. t To learn more,log in at Discover.com Pay the sum of the Minimum Payment Due plus the remaining overlimit amount of$324.42. Make Check payable io Discover NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below,detach and return with your payment P-- 6 Ph, Account number end ingin 6786 Pa-' hent coupon R Pay online ;. E'l�eser i+pt fold chip.nt staple<. tseoirratn X00 347iS$3 $964.00 Minimum Payment Due New Balance $6,324.42 I;Iliilli,II;IIisI;i�il'II'II;SII!!I�i;IilnIljlh�il��l�lllll". Payment Due Date July 20,2014 _.........._........._................._............__._.........._._........._........._............................._.................._..._...... ALEXANDER D LAY Amount enclosed $ 600 S ENOLA RD ......................--- ENOLA PA 17025-3013 PO BOX 71084 CHARLOTTE NC 28272-1084 3038184.71 Intemet payments must be received by SPM ETio be credited as of the some day Address,e-mail or telephone changed?Note changes on reverse side 000001986458202932931063244200639980096400 ' - ALEXANDER,D LAY Account number ending in 6786 Open Date:May 26,2014-Close Dote:Jun 25,2014 Page 2 of 4 You must ensure that sufficient funds are available in your bank account,and Important Information See your Cardmember Agreement.Your Cordmember Agreement all transactions must comply with U.S.low. contains all the terms of your Account. You can set automatic pDue,ayments for: (i)statement New Balance,(ii)statement Lost or stolen cards.Report immediatelyl Call 1-800-347-2683. dollar amounimum nt,or(iOtheiiir dollar amount. If youstatement Minimum r schedulled ent Due"Other dollus a lar What To Do If You Think You Find A Mistake On Your Statement amount'payment is not enough to cover the Minimum Payment Due as listed If you think there is an error on your statement,write to us at: Discover,PO on your monthly billing statement,your scheduled payment for that month Box 30421,Salt Lake City,UT 84130-0421.You must write to us within 60 will be increased to cover the Minimum Payment Due. If the scheduled days after the error appeared on your statement. You may call us,but if you payment is greater than the Minimum Payment Due,an excess will be d do we are not required to investigate any potential errors,and you may have applied in accordance with your Cordmember Agreement. If your schedule to poy the amount in question. The Billing Rights Notice further explains your payment is greater than the New Balance on your billing statement,that rights. Please see your Cardmember Agreement or visit payment will be processed only for the amount of your New Balance.Your https://discover.com/billingdghis for o copy of this notice. automatic payment amount may be less than the amount indicated on the Payments.You may pay all or part of your Account balance of 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 yyour payment and the bottom portion o this statement for blanks below and retain the authorization for your records. in the enveloppe provided after affixing postage.Payments sent without proper postage will be returned to the sender.Do not send cash. if you pay by Amount: D Full Pay DMin Pay D Min Pay+ S check,you ouihorize us to use informotion on your check io make on electronic fund transfer from your account at the financial institution indicated D Other Amounl5 ; Bank Routing#: on your check or to process the payment as a check transaction.If o payment Bonk Account# is processed as an electronic fund transfer,the transfer will be for the amount of the check.When we use information from your check to make on Monthly on the D Payment Due Dote D Close Date electronic fund transfer,funds may be withdrawn from your occounyas soon D Doy of month(insert dole} as the some day we receive your payment,and you will not receive our check bock from your financial institution. The processing of your payment may be delayed if you send cash,corres- Credit Reporting. en may report information then your Account to credit pondence or other items with your payments,if you send the payment to any bureaus.Late payments,missed payments,or ocher r e ort t e your Account other address,or if you use an envelope other than the one provided. may payment reflected in your credit report.We normally report the status andIf Payments received in proper form at our processing facility by 5PM local time yblehistory of your Account to credit reporting agencies each month.h on any day will be credited to your Account as of that day.Payments received You believe that our report 1 inaccurate in incomplete,please write o at this at our processing facility afier 5PM local time will be credited to your Account address:Discover,Pa Box 15316,Wilmington,DE number and cc u 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 Playing Interest.Your due date is at least 25 days after the close of each days for delivery.If your payment is returned unpaid,we reserve the right to billing g Period at least 23 days for billing periods that begin in February).We resubmit it as an electronic debit.Payments made online or by phone will be will not charge you any interest on Purchases if you pay your entire balance credited as of the day of receipt if made by 5 PM Eastern time. 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 Tronsoclion 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 ment Due Date shown on that on your statement will be deducted on the Pay (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 toll us at 1-800-347-2683. unless you request a recurring payment date(e. .,the 15"'day of the month) that occurs before your Payment Due Date or Close Dole.If your scheduled ,oalnte est Roile.ctItshowsrest th this each transactionYour ncategory. Balance Balance payment date foils on a weekend or bank holiday,your payment will be Subject to Interest Rote is the overage of the daily balances during the billing processed the business day prior to the weekend or bank holiday.In order to period. schedule monthly payments by telephone,you will need ibis statement and your bank account information.You will be asked to provide the last 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 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 51.00 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, o 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 you and payment,If your payments may vary in amount,we will tell you on each Discover representatives for quality assurance purposes. monthly billing statement when your payment will be mode 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 Work Phone Email City 36ibiil"71 To make changes to your address, email or telephone number,visit Discover.com Continued on next page Discover More Card DISCVER Account number ending in 6786 Open Date:May 26,2014-Close Date:Jun 25,2014 Page 3 of 4 CONTACT US ......__......_. .. -- ---....__.....--_...__.....__....__-- -- -. r........-------- .---- --- .------ ._—......-_....----- _........ .—._.----- Mail Payments Web Mobile Phone Inquiry 0Access your Manage your 1-B00-DISCOVER ® Discover Discover account secure0 ly account anytime, (1-800-347-2683) PO Box 30943 PO Box 6103 at Discover.com anywhere at TDD 1-800-347-7449 Solt Lake City Carol Stream m.Discover.com �_ UT 84130 IL 60197-6103 Transactions Trans.Date Post Date Fees Jun 20 Jun 20 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 69.00 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 69.00 2014 Totals Year-to-Date $ 210.00 TOTAL FEES CHARGED IN 2014 TOTAL INTEREST CHARGED IN 2014 $ 388.86 ...........__...._.__........- 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 12.99% V $6,253.74 $69.00 23.99% V $0.00 $0.00 Cash Advances 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/interestchcrges FICO'l Credit Score Terms The FICO®Credit Score we provide will never impact your credit score. Your FICO©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 FICOO 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-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. 30388171 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ALMXANDER•D LAYAccount number ending in 6786 Open Date:May 2&2014-Close Date:Jun 25,2014 Page 4 of 4 30388171 F i VERIFICATION �JG 41 cc LJ12por/ ' vea?�'%Gy/%�- (Name) (Tit 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 /0. 201,V (Signature ALEXANDER D LAY DB Servicing Corporation servicing affiliate XXXXXXXXXXXX6 7 8 6 For Discover Bank WWR# 30388171 C A Pit SJS Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Tf;E PROTI-10?tO ; 1 4lfaraGrr iii, 2014 NOV 26 AH 11: 2, CUMBERLAND COUNT' �-'I ETI-:E „DIFF PENNSYLVANIA Discover Bank vs. Alexander D Lay Case Number 2014-6568 SHERIFF'S RETURN OF SERVICE 11/21/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Alexander D Lay, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 600 S. Enola Road, East Pennsboro Township, Enola, PA 17025. Deputies advised that a business called Kristy's Whistle Stop is located at this address and is now closed for the season. SHERIFF COST: $49.95 SO ANSWERS, November 21, 2014 RONN ( R ANDERSON, SHERIFF (c) Coun:ySuile Sheriff, Tcieosoft, Inc.