The URL can be used to link to this page

Home My WebLink About14-6572 t i i Supreme Couvt-o - 'enns�°l�-ania ��;`�;R 30401481 C A Pit SJS Cou sof Comma i"Pleas IiTi C•4�`err li eFor Proltronotan,Use Qnlr: LN. y cket �c:CUM13ER 7 / 7lie information collected on this form is used soleiy for court administration purposes. 77ris form does not supplement or replace the filing and ser i4ce ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 13 Complaint ❑ Writ of Summons E3 Petition E Transfer from Another Jurisdiction E3 eclaration of Taking DISCOVER BANK C Lead Plaintiff's Name: Lead Defendant's Name: T SCOTT C SNYDER I. C Are money damages requested? ® Yes ❑ No Dollar Amount Requested: 10 within arbitration limits N (check one) c3outside arbitration limits Is this a Class Action Suit? ❑ Yes L1 No Is this an MDJ Appeal? ❑ Yes 1l No A William T. Molczan, 47437 Name of Plaintiff/Appellant's Attorney: i ❑ 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 "Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle lb Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E ❑ Product Liability(does not include 13 Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board 'T ❑ Other: ❑ Other: T ❑ 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 1/1/2011 '{�-�1 s :dip j f ; ? 12 Pry [: 27 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK ) Plaintiff No: 1q , l� spa VS . COMPLAINT IN CIVIL ACTION SCOTT C SNYDER 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 30401481 C A Pit SJS S � 11S �S d ti alla IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No SCOTT C SNYDER 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 14 LONGWOOD DR MECHANICSBURG, PA 17050 S . Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5198 . 6 . Defendant made use of said credit card and has a current balance due of $13664 . 32 . 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, SCOTT C SNYDER, individually, in the amount of $13664 . 32 and costs . W William T. Mo zan, 47437 WELTMAN, WEI RG & REIS CO. , L. P.A. 436 7th Ave Tte 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-338-7130 WWR# 30401481 C A Pit SJS . r DISC VER Discover More Card Account number ending in 5198 Open Date:Jul 7,2014-Close Date:Aug 6,2014 Cardmember Since 1997 ACCOUNT SUMMARY PAYMENT INFORMATION Page 1 of 4 Previous Balance $13,419.87 New Balance $13,664.32 l: Payments and Credits - $0.00 Minimum Payment Due• $2,057.00 Purchases + $0,00 j Payment Due Date September 2,2014 Balance Transfers + $0.00 € Cash Advances } $0.00 `Includes past due amount of: $1783.00 Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $209.45 ! date lisped 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 $13,664.32 the Penalty APR of 23.24%variable. See Interest Charge Calculation section following the j Minimum Payment Warning: If you make only the minimum payment each Transactions section for detailed APR information period,you will pay more in interest and it will take you longer to pay off your I Credit Line $12,100 balance.For example: Credit Line Available $0 i 1f yrp:LfialCe tartdd��ptrI'ctbttles Ybuufhe Atid uw�1l$ttclu Cash Advance Credit Line 54,300 �rait5g,'thtcardtrndeochti�on#h bt5laocsl3owaorttf»s p5ytng;rinesfi,rtritledlArt Cash Advance Credit Line Available $0 Only the minimum payment I 34 years $43,853 j ( I You may be able to avoid interest on Purchases. _............_._._..........__..._....._.........---....__..........--._.........__..-...._....._._.-........----.........---- --...... See reverse for details. j If you would like information about credit counseling services,call 1-800-347-1121, REWARDS Anniversary Month Cashback Bonus® ry j December Opening Balance $ 0.00 Your FICO®Credit Score on 6/1/14. More at Discover.com ! New Cashback Bonus This Period + $ 0.00 L Redeemed This Period __$_ 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 ',--To learn more,log in at Discover.com overlimit amount of$1564.32. - —-- ---- - --.- J Make Check payable to Discover Please fold on the perforation below,detach and return with your payment NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION �G. M -o Cou�3611 0 Pay OF 00. � Pay,by Phone Account number ending in 5198 P1 a d"dip se cfo rt at fop nr,stzrple< bi�cover om: 1X60 347 2i 83 Minimum Payment Due $2,057.00 llt!I�Illi ll'lill�l�l'�l'II'll'l lll��'I'�l'' �i�l'I�Illl 11 New Balance $13,664.32 Payment Due Date September 2,2014 ......._.._........._............-...-...........................-............................_.._..........._.........._._.................................-........_. SCOTT C SNYDER 14 LONGWOOD DR Amount enclosed $ MECHANICSBURG PA 17050-7969 PO BOX 71084 CHARLOTTE NC 28272-10844 3040nIUrrldInternet !�ll'I�' payments muni be received by SPM E7 to be credited as of the some day, Address,e-mail or telephone changed?Note changes on reverse side 000001986458459632358136643200045000205700 SCOTT C SNYDER Account number ending in 5198 Open Date:Jul 7,2014-Close Date:Aug 6,2014 Page 2 of 4 Important Information You must ensure that sufficient funds are available in your bank account,and See your Cardmember Agreement.Your Cardmember Agreement all transactions must comply with U.S. low. contains all the terms of your Account. You can set automatic payments for: (i)statement New Balance,(ii)statement Lost or stolen cards.Report immediatelyl Coll 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 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 io 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/billingrights for o copy of this notice. payment will be processed only for the amount of your New Balance.Your automatic payment amount may be less than the amount indicated on the Payments.You may pay all or part of your Account balance at any time. billing statement based on credits or payments after the Close Date. However,you must pay at least the Minimum Payment Due by the Payment 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 cosh. If you pay by check,you authorize us to use information on your check to make on Amount: 0 Full Pay DMin Pay DMin Pay+ $ electronic fund transfer from your account at the financial institution indicated El Other Amount$ Bank Routing#: on your check or to Process the payment as a check transaction.If a payment is processed as on electronic fund transfer,the transfer will be for the amount 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❑Payment Due Date 0 Close Date as the some day we receive your payment,and you will not receive yourDay of month(insert dale) check back from your financial institution. 11 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 offer the close of each resubmit it as on electronic debit.Payments made online or by phone will be billing period (at least 23 days for billing periods that begin in February).We credited as of the day of receipt if made by 5 PM Eastern time. will not charge you any interest on Purchases if you pay your entire balance by the due date each month.We will begin charging interest on Cash You con 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 Doily Balance Method on your statement will be deducted on the Payment Due Date shown on that (including current transactions)to calculate the Balance Subject to Interest statement,or the next automatic payment date referred to on your statement, Rote. For more information,please call us at 1-800-347-2683. unless you request a recurring payment date(e.g.,the 15"day of the month) that occurs before your Payment Due Date or Close Date.If your scheduled Balance Subject to Interest Rate. Your statement shows a Balance Subject payment date falls on o 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 doily balances during the billing schedule monthly payments by telephone,you will need this statement and period. your bank account information.You will be asked to provide the lost four(4) Credit Balances. If your Account has a credit balance,the amount is shown digits of the social security number of the primary borrower.By providing on the front of your billing statement. A credit balance is money that is owed those numbers as your electronic signature,you will be agreeing to this to you. You may make charges against this amount if your Account is open. authorization to allow us and your bank to deduct each payment you We will send you a refund of any remaining balance of$1.00 or more after authorize,in the amount selected by you,from your bank account.You also 6 months,or as otherwise required by applicable low,or upon request made outhorize 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 on error in the processing of such payment.You can concel o scheduled payment by phone at 1-800-347-2683 or by mail at Balance Transfers.Balance Transfers are offerQd 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 eoch Discover representatives for quality assurance 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 Work Phone City Email L 364b4481 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 5198 Open Date:Jul 7,2014-Close Date:Aug 6,2014 Page 3 of 4 CONTACT US -......---......_-............---......._......_...-............_.......... ___........ _ .__.....---.....................-...............--............-........._.......---.__.............._..........__ __......._......._..........................._...........-............._.......-..........._........._._......--- Web AT& Mobile Phone Enquiry Mail Payments Access 0 your Manage your 1-800-DISCOVER Discover Discover 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 2 Aug 2 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES S 209.45 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 209.45 2014 Totals Year-to-Date TOTAL FEES CHARGED IN 2014 S 235.00 TOTAL INTEREST CHARGED IN 2014 $ 1,545.94 _....._..............---- --.....----........--.............—......_...... ......... ......._..........—......-_....—.........._..-.........................._........._......—.........---....._._....__._........---...........--.......--.......---._._..._.......— --...........--.......__.. 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 18.24% V $13,520.95 $209.45 Cash Advances 24.99% $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 FICOa'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 FIC0121 Credit Score on your statement,just call us of 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. 30401481 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION SCUTT C SNi'DER Account number endin0 in 5198 _ Open Date_Jul 7,201.4-Close Date:Aug 6,201.4 ..__.___...._.._.........._.._Page 4 of 4 _ ...._—.........._._ _...... ._....._. _._. 30401481 VERIFICATION nn r� D r fi ame) (TitlW IV 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, Fk/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. 7�n Date I ()ACH 4— r. ,` AN ry 4- nature) 4 SCOTT C SNYDER DB Servicing Corporation servicing affiliate XXXXXXXXXXXX5198 For Discover Bank WWR# 30401481 C A Pit SJS Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE FRO 1 HON O 4-0 OFFICE OF 1'r.& WmR,IF 20 14 NOV 26 AM I I : 7.2 CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Scott C Snyder Case Number 2014-6572 SHERIFF'S RETURN OF SERVICE 11/18/2014 07:34 PM - Deputy Shawn Harrison, being duly sworn according to law, served th & Notice by "personally" handing a true copy to a person representing ;; mseIv to wit: Scott C Snyder at 14 Longwood Drive, Silver Spring Township, uested Complaint e the Defendant, PA 17050. SH HAR„'iN, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, November 19, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, T ekosoft, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff v. SCOTT C SNYDER Defendant • • CIVIL ACTION -LAW NO: 14-6572 CIVIL PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of ROBERT D. KLINGENSMITH, ESQUIRE and the law firm of HAROLD SHEPLEY & ASSOCIATES, LLC, on behalf of the Defendant, SCOTT C SNYDER, in the above captioned matter. 8/1/*Y11( Date Robert D. Klingensmith, Esquire Attorney for the Defendant Harold Shepley and Associates, LLC 209 West Patriot Street Somerset, PA 15501 (814) 444-0500 (814) 444-0600 (fax) rklingensmith@shepleylaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff v. SCOTT C SNYDER Defendant CIVIL ACTION -LAW NO: 14-6572 CIVIL PRAECIPE TO ENTER APPEARANCE Filed on Behalf of Defendant: SCOTT C SNYDER Counsel of Record: Robert D. Klingensmith, Esquire PA I.D. # 313960 HAROLD SHEPLEY & ASSOCIATES, LLC 209 West Patriot Street Somerset, PA 15501 (814) 444-0500 (814) 444-0600 (fax) rklingensmith@shepleylaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff v. SCOTT C SNYDER Defendant CIVIL ACTION -LAW • NO: 14-6572 CIVIL PRELIMINARY OBJECTIONS:'. 71 Filed on Behalf of Defendant: SCOTT C SNYDER Counsel of Record: Robert D. Klingensmith, Esquire PA I.D. # 313960 HAROLD SHEPLEY & ASSOCIATES, LLC 209 West Patriot Street Somerset, PA 15501 (814) 444-0500 (814) 444-0600 (fax) rklingensmith@shepleylaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff v. SCOTT C SNYDER Defendant • • • • • CIVIL ACTION -LAW NO: 14-6572 CIVIL DEFENDANT'S PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P. 1028 AND NOW, comes the Defendant, Scott C Snyder, by and through his attorney, Robert D. Klingensmith, Esquire, from the law firm of Harold Shepley & Associates, LLC, and files the following Preliminary Objections to Plaintiff's Complaint: Objection I 1. Plaintiff's Complaint contains insufficient specificity in its pleading under Pa.R.C.P. 1028(a)(3). 2. Plaintiff is seeking damages in the amount of $13,664.32. 3. Pa.R.C.P. 1019(a) requires that the material facts on which a cause of action or defense is based shall be stated in a concise and summary form. 4. Pa. R.C.P. 1019(f) requires that averments of time, place and items of special damages shall be specifically stated. 5. Plaintiff in this matter claims that the Defendant opened and used a credit account issued by Plaintiff. 6. Pursuant to Pa.R.C.P. 1019(f) Plaintiff has failed to provide information of the time and places any items were allegedly bought on the credit card. 7. By failing to include documentation of what items were purchased, when those items were purchased and the amount of each purchase, Defendant is unable to ascertain the validity of the amount owed on the account. 8. Plaintiff has also failed to provide documentation of any cash advances made by Plaintiff. 9. Plaintiff has only included one statement from account which is from August of 2014 and shows a previous balance of the amount owed for the alleged account. By failing to include any statements that show the charges currently being sought, the Defendant is unable to verify any amounts on the account. 10. Plaintiff has failed to provide a concise summary of the payments made by the Defendant on the alleged account and has failed to give the date of last payment on the account. 11. It is unclear whether Plaintiff is pursuing the claim under a breach of contract theory or an account stated theory. Regardless, the Plaintiff has failed to produce any documentation showing that the Defendant acquiesced to the terms of the alleged account. By failing to illustrate some semblance of a billing and payment history between Plaintiff and Defendant, Plaintiff cannot recover under an account stated theory. 12. As a result, Plaintiff's Complaint contains insufficient specificity as required under Pa. R.C.P 1028(3). WHEREFORE, Defendant respectfully requests that the Plaintiff's Complaint be stricken and the Plaintiff attach any writings to its Amended Complaint or dismiss this action with prejudice. Obiecton II 13. If Plaintiff's Complaint is for a breach of a contractual duty by the Defendant. In such a claim Plaintiff is to specifically state whether the agreement is oral or written as required under Pa.R.C.P. 1019(h). 14. Plaintiff's Complaint does not include the original card member agreement for the alleged account which was governing at the time the alleged line of credit was open. 15. The Plaintiff has failed to attach a card member agreement. 16. As a result, Plaintiff's Complaint does not conform to Pa.R.C.P. 1019(i) and therefore is the basis of this objection under Pa.R.C.P. 1028(a)(2). WHEREFORE, Defendant respectfully requests that the Plaintiff's Complaint be stricken and the Plaintiff attach any writings to its Amended Complaint or dismiss this action with prejudice. Objection III 17. DB Servicing is not a party to the lawsuit. 18. DB Servicing has no relationship to the alleged account and was not the party who allegedly contracted with the Defendant on an alleged account. 19. DB Servicing has no claim against the Defendant. 20. Furthermore, an employee of DB Servicing signed the verification in this matter. 21. Plaintiff's Complaint does not conform to law or rule of court under Pa.R.C.P. 1028(a)(2) because the verification is not signed by a proper party to the lawsuit. 22. An employee of DB Servicing is not a proper party to sign the verification. DB Servicing is in effect acting as a collection company for the Plaintiff. If they are to sign the verification, they must include a bill of sale or proof of assignment from the Plaintiff. No such proof exists. 23. Pa.R.C.P. 1024 requires that the verification of the Complaint be signed by a proper party to the lawsuit. 24. Here, the Complaint is verified by an employee of DB Servicing Corporation. 25. DB Servicing Corporation has no interest in the action and is not a proper party. 26. DB Servicing Corporation's verification does not set forth an exception to the rule. 27. Therefore, Plaintiff's Complaint is not verified by a proper party to the action as required under Pa.R.C.P. 1024 and therefore does not comply with law or rule of court as governed by Pa.R.C.P. 1028(a)(2). WHEREFORE, Defendant respectfully requests that the Plaintiff's Complaint be stricken and a proper verification be required in Plaintiff's Amended Complaint or the action be dismissed with prejudice. Respectfully submitted, Robert D. Klingensmith, Esquire PA I.D.# 313960 Harold Shepley & Associates, LLC 209 West Patriot Street Somerset, PA 15501 (814) 444-0500 (814) 444-0600 (fax) rklingensmith@shepleylaw.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff v. SCOTT C SNYDER Defendant • CIVIL ACTION -LAW NO: 14-6572 CIVIL CERTIFICATE OF SERVICE I served this Petition to Enter Appearance, Preliminary Objections, and Brief in Support of Preliminary Objections by U.S. Mail, postage prepaid, at 1400 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219 on Matthew D. Urban, Esquire, the Attorney for the Plaintiff, Discover Bank on December 9, 2014. I declare under penalty of perjury that this information is true. Date: December 9, 2014 nn.bUiti) Server's Signature Gretchen Giles — Legal Assistant Name and Title Harold Shepley & Associates, LLC 209 West Patriot St. Somerset, PA 15501 Server's Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff v. SCOTT C SNYDER Defendant • • CIVIL ACTION -LAW NO: 14-6572 CIVIL Order of Court On this day of , upon consideration of defendant(s)' preliminary objections, it is hereby ORDERED that plaintiff(s)' complaint is stricken. Plaintiff(s) is (are) granted days leave to file an amended complaint. If the plaintiff(s) fail(s) to file an amended complaint within days of the date of this order, upon praecipe of defendant(s), the Prothonotary, shall dismiss the case with prejudice. BY THE COURT J.