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HomeMy WebLinkAbout15-0029 Supreme C,,o��u�•t-of,Eenris�=Ivania 11;WR N 30419363 C A Pit SJS Court of Co Pleas _ - ' iz] Cciver`Sheet ForPratl:onolart'L'se Ou1r: r',•. CUMBERLAND,, `� r�=r;t �` CQUritI' Docket Noc261 S- Oa)Ofl : � v r o •, 777e information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required bi%law or rules of court. Commencement of Action: S a Complaint ❑ Writ of Summons ❑ Petition Transfer from Another Jurisdiction Declaration of Taking C DISCOVER BANK Lead Plaintiff s Name: Lead Defendant's Name: T DOUGLAS EMANUEL , I O Are money damages requested? ® Yes ❑ No Dollar Amount Requested: El within arbitration limits N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? 13-Yes 13 No Is this an MDJ Appeal?. 13Yes 53 No Name of Plaintiff/Appellant's Attorney: jd,_yn e,t -7 f Y16 ❑ Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an 'XI 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 if Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle b 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: Q 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 O Other Professional: Updated 1/l/2011 n r y t— Ejp t.:•jt�r U"3.... i ri �� �lr .� uc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 1 DISCOVER BANK Plaintiff No; p/ dISa� �v� f VS . COMPLAINT IN CIVIL ACTION DOUGLAS EMANUEL 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 30419363 C A Pit SJS i I i 9 s �► td Cal t� 11 �► S1 9 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS . Civil Action No DOUGLAS EMANUEL 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 �1 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 405 W KELLER ST MECHANICSBURG, PA 17055 5 . Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5785 . 6 . Defendant made use of said credit card and has a current balance due of $1470 .40 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" . 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, DOUGLAS EMANUEL, individually, in the amount of $1470 . 40 and costs . James P. V lecko, 79596 WELTMAN, WEINBERG & REIS CO. , L.P.A. 436 7th Ave Ste 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-434-7959 WWR# 30419363 C A Pit SJS DISC VER Discover it Card Account number ending in 5785 Open Date:Jul 5,2014-Close Date:Aug 4,2014 Cardmember Since 2013 ACCOUNT SUMMARY PAYMENT INFORMATION Page 1 of Previous Balance $1,440.48 ' New Balance $1Q70�40 Payments and Credits – $10.00 Minimum Payment Due $420.00 Purchases + $0.00 i Balance Transfers + i Payment Due Date September 1,2014 $0.00 Cash Advances + $0.00 Includes past due amount of: $360.00 Fees Charged + $35.00 1 Late P Interest Charged + Payment Warning; If we do not receive your minimum payment by the $4.92 date listed above,you may have to pay a late fee of up to$35.00_ New Balance $1,470.40 j Minimum Payment Warning: If you make only the minimum payment each See Interest Charge Calculation section following the period,you will pay more in interest and it will take you longer to pay off your Transactions sectio . balance. I Credit Line $1,250 i f ,u m+�ke raa edd�i,'crnrtf ocg s Yt�u yu+ll pal bf.fl.he J+nd you x*r Q erid uP sing thlsc<ir�1 and eatk t»orttlt bt r ce +rr n this dying oo esftc;.Jed'loW Credit Line Available $p �roupay, statentertttnc�boul , of : 1 Cash Advance Credit Line $300 I Only the minimum payment 4 years $1,857 j Cash Advance Credit Line Available $0 If you would like information about credit counseling services,call 1-800-347-1121, You may be able to avoid interest on Purchases. _..............................._..............__......... Seereverse for details. .......... ..............__...._.................._.........._.............._.__..—........._..........._._............__........i ----- ---- REWARDS Anniversa Month Cashback Bonus® ry l December i Opening Balance $ 0.00 Ij New Cashback Bonus This Period + $ 0,00 j Your FICO1"Credit Score on 7/29/14. Redeemed This Period –$ 0.00 I More at Discover.com Cashback Bonus Balance $ (},00 i Please make check payable to Discover. You are overlimit. l To learn more,log in at Discover,com Pay the sum of the Minimum Payment Due plus the remaining overlimit amount of$220.40. Make Check payable to Discover Please fold on the perforation below,detach and return with your payment NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION Pi'ymeiri coupon R PayO1111rta poyl barPhb,�e' Account nu mber ending in 5785 Pletit;e de not fold,4p or staple,. 0 ?r m"r;com Minimum Payment Due $420.00 1Il1I, jl uil, lll;1lililllil;i;l,'II I�I'�Illl llllillil! New Balance $1,470.40 Payment Due Date September 1,2014 DOUGLASEMANUEL ._............_.............._- .__............._......._.................._............_............__..........._.... ._....... . 405 W KELLER ST Amount enclosed j S MECHANICSBURGPA 17055-3732 __.._...._..._...._...._._..._.........._........._...._........___...._._._..... —.._...._....... _.._._.�� PO BOX 71084 CHARLOTTE INC 28272-1084 Phone and Internet payments rnust be received before midnight ET an your due date to be 30473=of the same day Address,e-mail or telephone changed?Note changes on reverse side 000001986459581449760014704000205800042000 EXHIBIT DOUGLAS EMANUEL Account number ending in_5785 Open Date:Jul 5,2014-Close Dote:_Aug 4,2014 _ Page 2 of 6 Important Information If your payments may vary in amount,we will tell you on each month! billing See your Cardmember Agreement.Your Cordmember 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 ore available in your bank account,and all Lost or stolen cards.Report immediately! Call 1-800-347-3085. transactions must comply with U.S. law. 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 an 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 paythe 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 hitps://discover.com/billingrighis for a copy of this notice, applied in accordance with your Cardmember Agreement.If your scheduled Payments.You may pay all or part of your Account balance at any time. payment is greater than the New Balance on your billing statement,that 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 Payment Due Date.Send onl automatic payment amount may be less than she amount indicated on the y 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 an 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 ao ment Amount: 0 Full Pa 1 is processed as an electronic fund transfer,the transfer will be for the amount r y Min PayMin Pay+ $ of the check.When we use information from your check to make an a Other Amounts ; Bank Routing#: electronic fund transfer,funds may be withdrawn from your account as soon Bonk Account# as the some day we receive your payment,and you will not receive your Monthly on the[l Payment Due Dote,D Close Date check back from your financial institution. Day of month(insert dale) The processing of your payment may be delayed if you send cash,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 of 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 inext day. ou have ltlaced Ienvelope,our your address:Discover, , lPleaseto Discover,POBox6103,Carol Stream, L 60197.603.Please allow 7 10 include your name,address,home telephone Wilmington,5316, DE and Account number. days for delivery.If your payment is returned unpaid,we reserve the right to resubmit it as an electronic debit.Payments made online or by phone will be Paying Interest. Your due date is of 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 (ai least 23 days for billing periods that begin in February).We Date or 5PM Eastern time on any other day. will no char a you any interest on Purchases if you pay your entire balance by the due date each month,We will begin chargging interest on Cash You can pay your monthly Minimum Payment Due,or a greater amount that Advances and Bolonce Transfers as of the later of the Transaction Dote or the does not exceed your current Account balance,over the telephone or you con fi rst day of the billing period in which the transaction posted to your Account. setup automatic payments through a customer service representative by How We Calculate Interest Charges.We Use the Doi lyy Balance Method calling 1-800-347-3085.Auiomatic payments for the billing period shown on (ncluding current transactions)to calculate the Balance Sub'ect to Interest your statement will be deducted on the Payment Due Date shown on that Rote. For more information,please call us at 1-800-347-3b85. statement,or the next automatic payment dace 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 daily balances during the billing payment date falls on o 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 Iasi 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$1.00or 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 a scheduled payment by phone at 1-800-347-3085 or by mail at accrue interest at the standard purchase rate unless we tell you otherwise. Discover,PO Box 30421,Salt Lake City,UT 84130.0421;however,we must Discover may monitor and/or record telephone calls between you and receive notice of 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. 1 Street Address ! Home Phone ............... ............ .................. ........ I Work Phone ...................................................... ............................................. ............._.._........._..........._............................_............... I _ I City ! Email j 364el6S63 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 5785 Open Date:Jul 5,2014-Close Date:Aug 4,2014 Page 3 of 6 CONTACT US I-_ _ .____.. _ _ --- R Web Phone Access your Manage your Inquiry Mail Payments account secure) Di0scover Discover j Y account anytime, 1-800-347-3080 5 PO Box 30943 PO Box 6103 at Discover.com anywhere at TDD 1-800-347-7449 Salt Lake City Carol Stream m_Discover.com _ LIT 84130 _ IL 60197-6103 Transactions — l Trans.Date Post Date Payments and Credits Jul 7 Jul 7 REFUND OF FEES $ -10.00 Fees Aug 1 Aug 1 LATE FEE $ 35.00 ............._.........................._._._........ _........... TOTAL FEES FOR THIS PERIOD 35.00 -- —........__..................._.....---........---.. Interest Charged INTEREST CHARGE ON PURCHASES $ 0.00 INTEREST CHARGE ON CASH ADVANCES 4.92 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 4.92 ._............_.........._..............._.............._.-.._._............_.....--.................__........__............ 2014 Totals Year-to-Date _.........................._......... TOTAL FEES CHARGED IN 2014 5 210.00 _ -- _-TOTAL INTEREST CHARGED IN 2014 S 33.59 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 P C�OFeBALANCE (APR) INTEREST RATE INTEREST CHARGE 0.00% $1,201.81 $0.00 Cash Advances V-Variable Rate 24.99% V $231.69 $4.92 ...........__............._.........__................_...._..—......_............__......._.......---- Information For You For more information about how interest charges are calculated see your Cardmember Agreement or go to www,discover.com/interestcharges FICO©Credit Score Terms The FICOO Credit Score we provide will never impact your credit score. Your FICOID Credit Score is based on data from TransUnion and may be different from other credit scores.This information is intended for and delivered to the Primary cardmembers only that have an available score and is available on the statement for individual accounts and on Discover.com for individual and joint accounts.Discover and other lenders may use different inputs like a FICOe Credit Score,other credit scores and more information in credit decisions. If you prefer not to receive your FICO®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. 30419363 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DOUGLAS EM..... __ Account number ending in_5785 Open Date:Jul 5,2014-Close Date:Aug 4,2014 Page 4 of 6 ................................................_............_._.........__..............................................................._..........._........._.._........._.......__........................... 30419363 DISC VER Discover ►t card Account number ending in 5785 Open Date:Jul 5,2014-Close Date:Aug 4,2014 Page 5 of 6 30419363 DOUGLAS EMANUEL F Account number ending in 5785 Open Date:Jul 5,2014-Close Dote:Aug 4,201 ..... 4 Page 6 of 6 —._. .. – .. ..... ._.. 30419363 VERIFICATION (Name) 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 M- / I Q0 i (Si nature) DOUGLAS EMANUEL DB Servicing Corporation servicing affiliate XXXXXXXXXXXX5785 For Discover Bank WWR# 30419363 C A Pit SJS