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HomeMy WebLinkAbout15-0020 Supreme Courtrof-P.enw,71N,ania �`.WR 30420361 C A Pit SJS Co of Commony-Ieas W ` ,�1 tCi iY.Cover��SheetForPmlhonotaq Use Otzlr: 1;r+ CUMBERLANI3 � o�. CoUnt}� Docket Into: r' r -�•_._--� 0201 s -cxx��v l't , 77te it?formotion collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required bt:lar,.,or rules of court. Commencement of Action: S M Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Declaration of Taking C DISCOVER BANK Lead Plaintiff's Name: Lead Defendant's Name: T CRYSTAL J SLEDZINSKI I 0 Are money damages requested? El Yes ❑ No Dollar Amount Requested: ❑ within arbitration limits N I (check one) ❑outside arbitration limits Is this a Class Action Suit? ❑ Yes p No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: �j t✓r!o f /� q (� s.�Co{ 7 11,T9(r, ❑ 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 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 T ❑ Other: ❑ Other: I ❑ Other: O 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 i�6 JJr. k7i i 2: a] �i J tJ_f3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK /� r Plaintiff No: �.cvs- - 0,06X6 (';0c 1� 7—" VS . COMPLAINT IN CIVIL ACTION CRYSTAL J SLEDZINSKI Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James P. Valecko, 79596 WELTMAN, WEINBERG & REIS CO. , L.P.A. 436 7th Ave Ste 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-434-7959 30420361 C A Pit SJS QP 'rs Aj-a-44 y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS . Civil Action No CRYSTAL J SLEDZINSKI 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 400 N 17TH ST CAMP HILL, PA 17011 5 . Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3405 . 6 . Defendant made use of said credit card and has a current balance due of $4700 . 54. 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, CRYSTAL J SLEDZINSKI, individually, in the amount of $4700 . 54 and costs . e�- James P. alecko, 79596 WELTMAN, INBERG & REIS CO. , L.P.A. 436 7th Ave Ste 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-434-7959 WWR# 30420361 C A Pit SJS DISC VER Discover it Card Account number ending in 3405 Open Date:Aug 10,2014-Close Date:Sep 9,2014 Cordmember Since 2013 ACCOUNT SUMMARY PAYMENT INFORMATION Page 1 of 6 ! r Previous Balance $4,590.92 New Balance $4,70-0-5-4 I Payments and Credits $0.00 I $945.00 Minimum Payment Due" Purchases ++ $0.00 Balance Transfers 1 Payment Due Date October 4,2014 $0.00 I Cash Advances + $0.00 "Includes post due amount of: $815.00 I Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $74.62 1 date listed above,you may have to pay a late fee of up to$35.00. i New Balance $4,700.54 Minimum Payment Warning: If you make only the minimum payment each See Interest Charge Calculation section fallowing the period,you will pay more in interest and it will take you longer to pay off your balance.For example: Transactions section for detailed APR information ..............- —._.—._._. Credit line $4,000 df cav make n addsncsara(;c1lrrg x Ycita utll yo the. >AodyouvOl eYsd up Ifslog thls cs�r�dhd each mort7T, btylance Abiwo.trn lihisying,rtn esfiM,*d fo1d1 Credit Line Available $0 ry-p�f:e....... tfllQt7lERfafi©baUli,, a ,. Cash Advance Credit Line 5400 Only the minimum payment 1 15 years $10,540 Cash Advance Credit Line Available $0 I If you would like information about credit counseling services,call 1-800-347-1121. j You may be able to avoid interest on Purchases. See reverse for details. I REWARDS � Anniverso Month ( I Cashback Bonus® January Opening Balance $ 0.00 New Cashback Bonus This Period + S 0.00 Redeemed This Period –S 0.00 Your FICO'Credit Score on 9/3/14. 1 Cashback Bonus Balance $ 0,00 More at Discover.com l To learn more,log in at Discover.com ........................_.__.......—......._...........---............_..............._........—1......._._........................... % Please make check payable to Discover. You are overlimit. Pay the sum of the Minimum Payment Due plus the remaining overlimit amount of$700.54. Make Check payable to Discover Please fold on the perforation below,detach and return with your payment NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION ttiytrittt1tJ30TI Poy 001tht.-In AMIL Poy.by Am Account number ending in 3405 l?l: tist dpi not#old,dip of duple i>r�covAr�cjm Minimum Payment Due 5945.00 II;� Iill li ( Viii lil I! iluii lilil New Balance $4,700.54 1 111 ,III 1 I. .lu Illl I I' I Illi Payment Due Date October 4,2014 CRYSTAL J SLEDZINSKI ..................._............_............................._.............__.........._...........................__.........__................. .................... 400 N 17TH ST Amount enclosed 5 CAMP HILL PA 1701 1-3918 _.........._.._.......--..........__._.._—..._—..........._.............__._........... _._._....._.._-- PO BOX 71084 CHARLOTTE NC 28272-1084 Phone and Internet payments must be received before midnight ET on your due date to be 111 1111111 11:111:111 1 111 yl!1:111ij 1 11111II I IIIIIli11 3042Ms of the same day Address,e-mail or telephone changed?Note changes on reverse side r ,\ 000001986450369684645047005400250000094500 J CRYSTAL 1 SLEDZINSKI Account number ending in 3405 Open Date:Aug 10,2014-Close Date:Sep 9 2014 Page 2 of 6 Important Information If your payments may vary in amount,we will tell you on each monthly billing See your Cordmember Agreement.Your Cardmember Agreement contains statement when your payment will be made and how much it will be.You all the terms of your Account. must ensure that sufficient funds are available in your bank account,and all Lost or stolen cards.Report immediately! Call 1-800-347-3085. transactions must comply with U.S. low. What To Do If You Think You Find A Mistake On Your Statement You can set automatic payments for:(i)statement New Balance,(ii)statement If you think there is on error on your statement,write to us at: Discover,PO Minimum Payment Due,(iii)statement Minimum Payment Due plus a fixed Box 30421,Solt Lake City, UT 84130-0421. You must write to us within 60 dollar amount,or(iv)Other dollar amount. If your scheduled"Other dollar days after the error appeared on your statement. You may call us,but if you amount"payment is not enough to cover the Minimum Payment Due as listed do we are not required to investigate any potential errors,and you may have on your monthly billing statement,your scheduled payment for that month to pay the amount in question. The Billing Rights Notice further explains your will be increased to cover the Minimum Payment Due. If the scheduled rights. Please see your Cardmember Agreement or visit payment is greater than the Minimum Payment Due,any excess will be https://discover.com/billingrights for a copy of this notice. applied in accordance with your Cord member Agreement.If your scheduled payment is greater than the New Balance on your billing statement,that Payments.You may pay all or part of your Account balance at an yy time. payment will be processed only for the amount of your New Balance.Your However,you must pay at least the Minimum Payment Due by the Paymeni automatic payment amount may be less than the amount indicated on the Due Dote.Send only your payment and the bottom portion of this statement billing statement based on credits or payments after the Close Date. in the envelope provided after affixing postage.Payments sent without proper postage will be returned to the sender.Do not send cash. If you pay by If you enroll by phone in our automatic payment service,please fill-in the check,you authorize us to use information on your check to make on following blanks below and retain the authorization for your records. electronic fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction.If a payment Amount: 0 Full Pay 0 Min Pay D Min Pay+ S is processed as on electronic fund transfer,the transfer will be for the amount Other Amount$ Bank Routing#: of the check.When we use information from your check to make an Bank Account# electronic fund transfer,funds may be withdrawn from your account as soon as the some day we receive your payment,and you will not receive your Monthly on the 0 Payment Due Dote ❑Close Date check bock from your financial institution. 0 Day of month(insert dote) The processing of your payment may be delayed if you send cosh,corres- pondence or other items with your payments,if you send the payment to any Credit Reporting.We may report information about your Account to credit other address,or if you use an envelope other than the one provided. bureaus.Late payments,missed payments,or other defaults on your Account Payments received in proper form at our processing facility by 5PM local time may be reflected in your credit report.We normally report the status and on any day will be credited to your Account as of that day. Payments received payment history of your Account to credit reporting agencies each month.If at our processing facility after 5PM local time will be credited to your Account you believe that our report is inaccurate or incomplete,please write us at this as of the next day.If you have misplaced your envelope,send your payment address:Discover,PO Box 15316,Wilmington,DE 19850.5316.Please to Discover,PO Box 6103,Carol Stream,IL 60197.6103.Please allow 7.10 include your name,address,home telephone number and Account number. days for delivery.If your payment is returned unpaid,we reserve the right to resubmit it as an electronic debit.Payments mode online or by phone will be Paying Interest. Your due date is at least 25 days after the close of each credited as of the day of receipt if made by midnight on the Payment Due billing period (at least 23 days for billing periods that begin in Febryoryl.We Date or 5PM Eastern time on an other day. will not charge you any interest on Purchases if you ppy your entire balance Y Y by the due date each month.We will beg'r�cholrgiin interest on Cash You con a our month) Minimum Payment Due,or renter amount that Advances and Balance Transfers as of the later of the Transaction Dote or the pay Y Y Y 9 first day of the billing period in which the transaction posted to your Account. does not exceed your current Account balance,over the telephone or you can setup automatic payments through a customer service representative by How We Calculate Interest Charges.We Use the Doilyy Balance Method tolling 1-800-347-3085.Automotic payments for the billing period shown on lnclud'ng current transodions)to calculate the Balance Sub'ed to Interest your statement will be deducted on the Payment Due Date shown on that Kate. For more information,please call us at 1-800-347.3685, statement,or the next automatic payment dale referred to on your statement, Balance Subject to Interest Rate.Your statement shows a Balance Subject unless you request a recurring payment date(e.g.,the 15"day of the month) to Interest Rate. It shows this for each transaction category. The Balance that occurs before your Payment Due Date or Close Date. If your scheduled Subject to Interest Rate is the average of the doily balances during the billing payment date falls on a weekend or bank holiday,your payment will be period. processed the business day prior to the weekend or bank holiday.In order to schedule monthly payments by telephone,you will need this statement and Credit Balances. If your Account has a credit balance,the amount is shown your bank account information.You will be asked to provide the last four(4) on the front of your billing statement. A credit balance is money that is owed digits of the social security number of the primary borrower.By providing to you. You may make charges against this amount if your Account is open. those numbers as your electronic signature,you will be agreeing to this We will send you a refund of any remaining balance of S1.00or more after authorization to allow us and your bank to deduct each payment you 6 months,or as otherwise required by applicable law,or upon request made authorize,in the amount selected by you,from your bank account.You also to the address in the Contact Us section on page 3 of your billing statement. authorize us to initiate debit or credit entries to your bank account,as applicable,to correct an error in the processing of such payment.You can Balance Transfers.Balance Transfers are offered at our discretion and cancel o scheduled payment by phone at 1-800-347-3085 or by mail at accrue interest of the standard purchase rate unless we tell you otherwise. Discover,PO Box 30421,Solt Lake City,UT 84130-0421;however,we must Discover may monitor and/or record telephone calls between you and receive notice at least three business days in advance of the scheduled Discover representatives for quality assurance purposes. payment. The Discover@ card is issued by Discover Bank,Member FDIC. DIT 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 3M6561 To make changes to your address, email or telephone number, visit Discover.com Continued on next page DISC VER Discover it Card Account number ending in 3405 Open Date:Aug 10,2014-Close Date:Sep 9,2014 Page 3 of 6 CONTACT US _....__..__.._ _ ..._.....- ._._.-_---.._ .....__ ......_........ __........._.... .._............_ ....._.............._..........._._._._._..............._............__.........._._........._._......_..... ------- 1 0 Web A9k Mobile Phone Enquiry Mail Payments Access your Manage your Discov0 0er 0 Discover j account securely account anytime, 1-800-347-3085 PO Box 30943 PO Box 6103 at Discover.com anywhere at TDD 1-800-347-7449 Salt Lake City Carol Stream j m.Discover.com UT 84130 IL 60197-6103 Transactions Trans.Date Post Date Fees Sep 4 Sep 4 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 74.62 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 74.62 2014 Totals Year-to-Date TOTAL FEES CHARGED IN 2014 $ 245.00 TOTAL INTEREST CHARGED IN 2014 S 597.71 —......__..__........-----._......._........_._.........._._........__..........._._........---.....—_...---....._..........._._........---........................................__._.........._................._.............._._.._.........._..........._—..._—..........__...............__......._............_..........--........_._...... 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 18.99% V $4,626.92 $74.62 Cash Advances 24.99% 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 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 on 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 FICOe 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 Discoveccom.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. 30420361 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION r CRYSTAL J SLEDZIWSKI _,. Account number ending in 3405_ Open Date_Aug 10,_20.14-Close Date:_Sep 9,2014 Page 4 of 6 ............. ......... ........__ ......... 30420361 DISC VER Discover it Card Account number ending in 3405 Open Date:Aug 10,2014-Close Date:Sep 9,2014 Page 5 of b 30420361 I _ _ CRYSTAL J SLEDZINSKIAccount number ending in 3405 Open Date:Aug 10,2014-Close Date:Sep 9,2014 Page 6 of 6 30420361 VERIFICATION (Name) ( tle) 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, Vk/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 G� (� (Si re) CRYSTAL J SLEDZINSKI DB Servicing Corporation servicing affiliate XXXXXXXXXXXX34 05 For Discover Bank WWR# 30420361 C A Pit SJS