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HomeMy WebLinkAbout08-3241t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. AIMEE RAE KEATING Defendant No: Ob- 3lgI 0,-Ivl'(-Fetk COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06632808 C A Pit SXA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. AIMEE RAE KEATING Defendant Civil Action No 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, is a corporation with offices at 6500 New Albany Rd, New Albany, OH 43054. 2. Defendant is adult individual(s) residing at the address listed below: AIMEE RAE KEATING 22 S 8TH ST LEMOYNE, PA 17043 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX2522 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of April 25, 2008 , in the amount of $6395.25 . 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $1000.00 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully-failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant , AIMEE RAE KEATING INDIVIDUALLY , in the amount of $6395.25 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys, fees of $1000.00 , and costs. James(iC. Warmnroaz,gzDz WELT WEINBERG & REIS CO., L.P.A. 436 Seve th Avenue, Suite 1400 Pit sbu gh, PA 15219 (4 2) 4-7955 F 2-338-7130 663 08 C A Pit SXA This law firm is a debt collector a /tdp t ing to collect this debt for our client and any information obt i will be used for that purpose. VIJL'.:::V CK CARD $6,395.25 $6,395.25 Payment Due Date DUE IMMEDIATELY Enter Amount Enclosed Below $E ? 08 SDSN6A01 0005015 AIMEE KEATING 22 S 8TH ST LEMOYNE'PA 17043-1509 Address, e-mail or telephone change? Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. Will your payment get to us on time? Pay -your bill•online and your payment can be made to your account on the some day. Visit Discovercard.com/payments today. PO BOX 15251 11111 Ill. I Al 1111 Nell 11 11 11 WILMINGTON DE 19886-5251 000006011002690752522063952500000000639525 Discover More Card Account Summary Closing Date: February 8, 2008 page 1 of 1 Account number ending in 2522 Previous Balance $6,395.25 Payment Due Date March 7, 2008 Payments And Credits 0.00 Minimum Payment Due $6,395.25 Purchases + 0.00 Credit Limit $4,800.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance $6,395.25 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 --- ----- -- ---------- Cashback-Bonus® Anniversary- - - - - _ _ .. _ _ Available to Redeem $ 0.00 Date: July 8 How Can We Help You? For Account Inquiries, write to us at Discover More have your Discover Card available. Card, Box 30943 Sant Lake City, UT 8413 30 Manage your account online at Discovemard.com TOO (Telecommunications Device for the DeaQ: Customer Service: 1-800-DISCOVER (1.800.347.2683) For assistance, see reverse side. Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the minimum payment due by the payment due date. See the Default Rate Plan section Ida Agreement for details. t Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balance s Rates RATES RATES CHARGES CHARGES current billing period: 8 days Purchases $0 0.07668% 27.99% V 27.99% $0 none Cash Advances $0 0.07668% 27.99% V 27.99% $0 $0 previous billing period: 25 days Purchases $0 0.07942% 28.99% V 28.99% $0 none The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. mportam hrformatlon. If their more than one - - page to this billing statement see the back of each page See Your Cardmember Agree for additional important information. ro? . r yo Lost or stolen cards. Report it Bill" Rights Summary. In Ca! trarsactior or yoLr bill, write t. We must rear Trom you no lair dolrg so will rot preserve your •YOLr rame and Account f?um: •Tre dollar amoLrt of the suss. *Describe tre error and expla 2boLt VOL do rot rave to pay any FI gLestior Virile we invesugatr Speclal Rule for Credit Card I yOL rave Lried jr good faith services YoL rave tris prom miles of YOU mailing address co%ered regardless of the amo.- Payments. Paymerts Send o check as desc,ioed above, yc. irsbtLuor indicated on your cl trarsfer will be for the amoLr wltrdrawr from Your accourr IrSUtLtior T. ° ,r your pa , ary over address or if you weekerd or bark rohdawd I Discover Bank PO Box 192 51 rrgrt to resubmit it as an elec YOL car pay yoLr minIML- bark accoLrt Information Yr YOL will be asked to provide .I agreelrgg to Iris aLthonzatior acCOLr1 Ir cider to cancel prore at 1-6CC-347.2663 or r, Credit Reporting. We may r accoLrt may be reflected in mortr If YoL believe that c., V1'dmingtor DE 15650.5316 PERIODIC FINANCE CHARGE! Lrtil tre date ,foL pay your s yytoL Paid tie New Balance o te Paymert DLe Date on tit statement Otrerwose, you v. grace period or balance trar; V' a sort YOU transactions rnt: tresr ArrL21 Percentage Rat! groLps We refer to these gns. e' c' day of ire billing perocu category Average Daly Bala trese amoLrts; Tnen we a l: AccoLrt Tre Average Dad, !-"ctlor our r ardmember Agreement contains all the terms of your Account 'dlately' Call 1-800-347-2683. .f Errors or Questions About Your Bill: If you think Z a separate sheet of paper at Discover tldo sear: your bill is wrong, or if u need more information about a o ran 6o days after we sent P.O. Box 15192; Will DE 19650-5192, as soon as is In your letter, give us theffollowing informatro^?h the error or appeared. You can telephone P tile. us,. but o ed error CA you can. why you believe there is an error. If you need more information, describe the item m _ni in question while we are investigating You are unsure ? _r question, we cannot rt ' but you are still obligated to pay the parts of your bill that are not in v repo you as delinquent or take any action to coned the amount you question. hases: If you have a problem with the quality of or services that correct the problem with the merchant yyoouu may rjot have pa you purehasaf with a credit card, and ,n only when the purchase price was more than - 0 and the h y the t mad tin your amount due a on le the pooh or ase horrxe we own or operate the merchant, or if we matted you the advebriti enl ffor New in or chain 1O or location of purchase.) goods or services, all purchases are e ;our payment and the top portion of this statement in the enveloov thoroze us to use informs' on f? pprr ?d Do not send cash. By sending your k or to process the your check to nuke an electronic furW transfer from your account at the financial P payment as a check tranfaetlon. Kp as )f the an electronic tun transfer. the check when we use information from your ch 11CW soon as the same day we receive your payment, and you will not receive ie ttkM v iii ?°? Inay be your check flack Irom your financial rt may he d12v.ri it ynu send-cash, corresponds^ceocother Jtems-with _-youF an envelope other than the one provided. Payments received on or n4+i-you sand the??payon on a posted to our Account as of the next business rqy. K have matNF 1 Y through Fri or on a you Imin ton, d 19886-5251 Please allow 7-10 days for deliv ery. If your ?? your your payment t Ic debit payment is returned U^pakf, we e reserve the e ayment or a greater amount over the telephone. Call us at 1.800-347-2883. You will need this statement and our tust ensure that sufficient funds are available in r bank acxmunk and all transactions must otnpIv ' rst 5 digits of your account statement zip code* )f en numbers all with U.S law. allow us and your bank to deduct eachpayrt?nt in ON 1111111101111 it m ebirlro b fro you wig be 2yment we must receive notice at par least lhfce dai a rlee' of the selrsduled fly you, f n your bank iad at address listed in the previous gmph. You otiry of by Information about your account to credit bureaus. Late eats missed e nts par or other defaults on your credit report We normally report the status and payment In of your each eport is inaccurate or incomplete. please write us of the f?erlrplg mm D FU Box 15316, .se include your name, address, hme telephone number and Account number. Card, " 'eriodlc Finance Charges are imposed on all transactions from the date the transaction is Posted to e New Balance, by making payments or receiving credits Flowerer we WIN provide the following gr?uprerrcgcd.. if ur previous billing statement by the Payment Due Date shown or {hat stalemen? and ru paX the Mew Bagtku is atement, we will not impose Periodic ...ice Ch pit ngrp purxlt9sec that is, rc-ha? rst ==ft ecelve a billing statement next month that tnclu lance Char on this or cash advances. 9es on Otoae new pure there is no pups of purchases, cash of example, purchases as transaction category each transaction calegl x. number of days in the :p the Periodic Finance ance Is shown as zero We use ire two-cycle avefaq : ally balance (Includin new transactions) method of eaiculatin the balance upon Crarges Trls means if yoL not pay the New Balance shown on the which We impose Periodic Finance ling Per asy eel as Drew purchases If • itstappear non the current ? billing Periodic F?t? r acing the prwious pd iod by i ai ie yoLr prevloL- burr ?a? YYe on raw P Nat aril ante Charges It t t !he e purchases dcaries on 9 stateme dimposed Periodic Finance on the purchases on We compute ire Average Dal 3alance for each transaction ca 2nd tllvrdrrgg tre total bV tr.: mber of da s In the billin adding up a?ll thye daily balances in a pil0n period to a transactiot cat ty addrrg ire Tollowln to the ; sous day's daily balance: tiansactitions made the O , fees OiMtlos fo eactr on each day ued on ire previous days dailyy ball and by then subtracting any credits and Pa Not as and accrued on or trot da In calculating t lady balance for the previous billing permit V* consider Urea tics batfrlee of the Ui?O11 category i rst dayy o ire Ddling pencr t a transaction rs pp Wy0urKct rof opsr the clots of s qai f?m" N ham been zero on the trarsaNor 2s raving Dccurlr, ?r the first day of ht a billing Period in which it is posted to your p in which it OtxUrs we win treat the 'It fees craged to your A... nt are added to the standard purchase transaction ca with the axes?orf Flrarce Crarges which are : ed to the applicable cash advance transaction of Cash Advance Transaction Fee ere added tc ire applicable ;ice transfer transaction cat?p?y When a III aMf TrafrsterTranspetion Fee F which and tre Balarce Transfer I -actior Fee Finance Chargesio"the standard purelharsae?uan the unpUd balance a<tpp has been we move termlrated Lndet tr.e Defar' Late Plan, we leave the unpaid balance of the balance transfer and the lanc nsfeNTraaction Fee Finance Crarges in tre applicable tr: ,ctlon category until the special rate would have expired. For TOO (Telecommunieatlr. Device for the Deaf} assistance, please call 1-800-347-7449. The Discovers Moresm Carc ssued by Discover Bank, Member FDIC. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to ins unworn falsifications to authorities, that he/she is Robert Adk (Name) of DFS Services LLC , plaintiff herein, that Accounts Manager (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR # 6632808 AIMEE RAE KEATING 6011002690752522 C} PO Z --) rr j 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-03241 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS KEATING AIMEE RAE DENNIS FRY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KEATING AIMEE RAE the DEFENDANT , at 2102:00 HOURS, on the 30th day of May , 2008 at 22 S 8TH STREET LEMOYNE. PA 17043 AIMEE R KEATING by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ;4I by?679,,, So Answers: 18.00 16.00 _ .00 10.00 R. Thomas Kline .00 44.00 06/02/2008 WELTMAN WEINBERG REIS Sworn and Subscibed to before me this of By: r day eputy S ri f /41 A.D. M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. AIMEE RAE KEATING Defendant No. 08-3241-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I. D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6632808 .M K IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-3241-CIVIL TERM AIMEE RAE KEATING Defendant PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Please kindly Settle and Discontinue the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. W r brodt, Ess,4 e PA 1. D. #4 1400 Kop ers uilding 436 Sev th enue Pittsbur h, P 15219 (412) 4 4-7 5 WWR 63 08 SWORN TO AND SUBSCRIBED before me this ?*%ay of f, aoA , 200 RY PUBL COMMONWEALTH OF PENNSYLVANIA Notarial Seale Heidi J. Kelly, Notary PL b K. CRY Of Pitt Wo, Allegheny County My Comfl Wm Expires Nov. 4,2M9 Member, Perim wants Association of Notaries c,°'= .: c? . } ,.?. ?.• Y ?°? " ?,?..