HomeMy WebLinkAbout14-6569 Supreme Court,o,f;Pe�nnsylvania 1`'R'R# 30402452 C A Pity. SJS
Cour `of Comrnon"Pleas
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CUMBERLAND ;�< , ;�L . COUIlt1' Docket Into: s
The information collected on this form is used soleh:for court administration purposes. this form does not
supplement or replace the filing and ser--ice of'pleadings or other papers as required bt%laiv or rules of court.
Commencement of Action:
S M Complaint ❑ Writ of Summons ❑ Petition
E 13 Transfer from Another Jurisdiction E3 eclaration of Taking
DISCOVER BANK
C
Lead Plaintiff s Name: Lead Defendant's Name:
T JAMES J WARGO
I
O Are money damages requested? El Yes ❑ No Dollar Amount Requested: Q within arbitration limits
N (check one) ❑outside arbitration limits
i
Is this a Class Action Suit? ❑.Yes U No Is this an NIDJ Appeal? ❑ Yes Q No
A
William T. Malczan, 47437
Name of Plaintiff/Appellant's Attorney:
❑ 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
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S ❑ Premises Liability ❑ Statutory Appeal:Other
❑ Product Liability(does not include ❑ Employment Dispute
Mass tort) Discrimination
C ❑ Slander/Libel/Defamation ❑ Employment Dispute:Other ❑ Zoning Board
T ❑ Other: ❑ Other:
I ❑ 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
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l
Updated 1/1/201.1
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: I - �Jl.�� �v�
VS .
COMPLAINT IN CIVIL ACTION
JAMES J WARGO
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
30402452 C A Pit SJS
S
sonote
7
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No
JAMES J WARGO
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 1777 MAIN ST APT A
MECHANICSBURG, PA 17055
5 . Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX7140 .
6 . Defendant made use of said credit card and has a current balance
due of $4073 . 21 . 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, JAMES J WARGO, individually, in the amount of $4073 . 21 and
costs .
William T. Molc n, 47437
WELTMAN, WEINBE G & REIS CO. , L.P.A.
436 7th Ave Ste 2500
Pittsburgh PA 15219-1842
(412) 434-7955
FAX: 412-338-7130
WWR# 30402452 C A Pit SJS
DISC VER Discover More Card
Account number ending in 7140
Open Date:Jun 12,2014-Close Date:Jul 11,2014
Cordmember Since 2011
Page 1 of 4
ACCOUNT SUMMARY PAYMENT INFORMATION
/Previous Balance $3,971.50 (New Balance $4,073.21
Payments and Credits - $0.00 Minimum Payment Due $924.00
Purchases + $0.00 I Payment Due Date August 6,2014
Balance Transfers $0.00 i *includes post due amount of: $802.00
Cash Advances + $0.00
Fees Charged + $35.00 ! late Payment Warning: If we do not receive your minimum payment by the
j Interest Charged + $66.71 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 $4,073.21 the Penalty APR of 29.99%variable.
See Interest Charge Calculation section following the I Minimum Payment Warning: If you make only the minimum payment each
TransTransactions section for detailed APR information eriod,you will a more in interest and it will take you longer to 0 off our '
actions .............-..........---._.........._.__.........__............._......_-. P Y pay Y 9 pay Y
Credit Line $3,400 balance.For example:
Credit Line Available $0 fy6!?t alp-Tipiff0imutAutge3 ;Yart�y+ll�ayoff4h� Atrd'�rctutgillend�c
a�sitig:tlttscrrd and Mach month balance shown an this Ipay'in 0>4 esfimate6tatt311 i
i Cash Actuante Credit Line $1,700 pu': ib vbctut;::: "44
Cash Advance Credit Line Available $0 Only the minimum payment 13 years $8,943
You may be able to ovoid 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
August
Opening Balance $ 0.00
Your FICO Credit Score on 6/6/14.
More of Discover.com New Cashback Bonus This Period + $ 0.00
s Redeemed This Period -$ 0.00
Please make check payable to Discover. You are overiimii. Cashback Bonus Balance $ 0.00
Pay the sum of the Minimum Payment Due plus the remaining 4 To learn more,log in at Discover.com
overlimii amount of$673.21. --- -- -- -- -------
Make Check payable to Discover NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION
Please fold on the perforation below,detach and return with your payment
QpytltetlTtplJ h Poyohline: ay y pi10Re. Account number ending in 7140'
leas4 4a.Opt fold ;chp or sfzrple. )istover otn 1-1`40 3471268:3
_ Minimum Payment Due $924.00
�lll�Il�'I�'�i`�I�I�I'�I�I�Illli'illllilll'�lillllillllilllllnl� New Balance $4,073.21
Payment Due Date August 6,2014
JAMES 1 WARGO �:: _.....................
1777 MAIN ST APT A Amount enclosed $
MECHANICSBURG PA 17055-6042
PO BOX 71084
CHARLOTTE NC 28272-1084
l1111Iln1IIII'11111111111111pill 1111
304024,52 Internet payments must be received by 51'MM ET to be credited as of the same day
I€' l jll' l illl�j 111!!1:
Address,e-mail or telephone changed?Note changes on reverse side
000001986623620686696040732100102450092400 � rj
JAMES J WARGO Account number ending in 7140 Open Date:Jun 12,2014-Close Dote:Jul 11,2014 Pone 2 of 4
Important Information You must ensure that sufficient funds are available in your bank account,and
See your Cardmember Agreement.Your Cordmember Ag reement all transactions must comply with U.S. law.
contains all the terms of your Account.
You can set automatic payments for: (i)statement New Balance,(ii)statement
Lost or stolen cards.Report immediatelyl Call 1-800-347-2683. Minimum Payment Due,(iii)statement Minimum Payment Due plus a fixed
What To Do If You Think You Find A Mistake On Your Statement dollar amount,or(iv)Other dollar amount. If your scheduled"Other dollar
If you think there is on 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 Cordmember Agreement or visit payment is greater than the New Balance on your billing statement,that
https://discover.com/billingHghts 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 of anytime. billing statement based on credits or payments after the Close Date.
However,you must pay of 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 envelope provided atter 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 0Min Pay ElMin Pay+ S
electronic fund transfer from your account at the financial institution indicated 0 Other Amounts_; 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 Bonk Account#
of the check.When we use information from your check to make on
electronic fund transfer,funds may be withdrawn from your account as soon Monthly on the El Payment Due Dote 0 Close Date
as the some day we receive Your payment,and you will not receive yourDay of month(insert dale)
check bock from your financial institution. El
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 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 offer the close of each
resubmit it as an electronic debit.Payments made online or by phone will be billing perio' 'at
least 23 days for bng periods that begin in February).We
credited as of the cloy 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 Cosh
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 Dote shown on that (including current transactions)to calculate the Balance Subject to Interest
statement,or the next automatic payment date referred to on your statement, Rate. For more information,please call us of 1-800-347-2683.
unless you request a recurring payment date(e. the 1511'day of the month)
that occurs before your Payment Due Date or Close Dote.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 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 daily balances during the biling
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 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,yyou 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 dedud each payment you We will send you o 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,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 o scheduled payment by phone at 1-800-347-2683 or by mail of Balance Transfers.Balance Transfers are offered at our discretion and
Discover,PO Box 30421,Solt 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 ne calls between you and
o
p
teleh
Discover may monitor and/or record
payment.If your payments may vary in amount,we will tell you on each Discover representatives for quality d telephone
purposes.
monthly billing statement when your payment will be made and how much it
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
i
Work Phone
City Email
364bi452
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 7140
Open Dote:Jun 12,2014-Close Date:Jul 11,2014
Page 3 of 4
CONTACT US
Web
Aghk Mobile Phone
Inquiry ®
Mail Payments
Access your Manage your 1-800-DISCOVER Discover Discover
0 all.
account securely account anytime, (1-800-347-2683)
PO Box 30943 PO Box 6103
at Discover.comanywhere at TDD 1-800-347-7449 Solt Lake City
Carol Stream
m.Discover.com LIT 84130 IL 60197-6103__ ,
Transactions
Trans.Date Post Date
Fees Jul 6 Jul 6 LATE FEE $ 35.00
TOTAL FEES FOR THIS PERIOD 35.00
Interest Charged INTEREST CHARGE ON PURCHASES $ 66.71
INTEREST CHARGE ON CASH ADVANCES 0.00
INTEREST CHARGE ON BALANCE TRANSFERS 0.00
TOTAL INTEREST FOR THIS PERIOD 66.71
2014 Totals Year-to-Date
TOTAL FEES CHARGED IN 2014 S 245.00
TOTAL INTEREST CHARGED IN 2014 S 43158
.............................. .............................----............................................-..................—.-.....................................................................................--.-......................... ...................-- -.....---..........---......-
Interest
......................-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
12/31/2013 and after 24.99% V $223.43 $4.60
08/28/2011 to 12/30/2013 19.99% V $3,780.22 $62.11
Cash Advances 23.99% V MOO $0.00
V=Voriable Rate
.............................................................................................. ........................-.......................... .................................--.-............................-.............................-.......................................................................... ...........
Information For You
For more information about how interest charges are calculated see your Cordmember Agreement or go to www.discover.com/interesicharges
FICOO Credit Scare Terms
The FICOO Credit Score we provide will never impact your credit score.
Your ricoo 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 FICOCredit 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.Cordmembers 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 of 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.
30402452
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
JAMES J WARC7O _Accouni number ending in 7140 Open Date:Jun 12,2014-Close Dote:Jul 11,2014 _ _ Page 4 of 4
_.......__......... ... _.._..__.
30402452
VERIFICATION
c
(Name) (Titl
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 l()--AD--1 4—
( nature)
JAMES J WARGO DB Servicing Corporation servicing affiliate
XXXXXXXXXXXX714 0 For Discover Bank
WWR# 30402452 C A Pit SJS
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND C_OU,VTY,
---PROTHONOTAI.
=fila; QF THE $HF,F,IFF
•
2[1114 NOV 26 AM I i : 22
CUMBERLAND COUNTY
PENNSYLVANIA
Discover Bank
vs.
James J Wargo
Case Number
2014-6569
SHERIFF'S RETURN OF SERVIC
E
11/19/2014 08:17 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: James J Wargo at 1777 Main Street, Apt. A, Lower Allen Township, Me anicsburg, PA 17055.
UTSHALL, DEPUTY
SHERIFF COST: $39.30 SO ANSWERS,
November 21, 2014 RONNY R ANDERSON, SHERIFF
(c) CountySure Sheriff, Teieosoft, Inc.
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