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Home My WebLink About09-1496v i. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. RAYMOND BENNESE Defendant No : CA- I q?9Co ei v i l Tem 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 07249513 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. RAYMOND BENNESE 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: RAYMOND BENNESE 203 B MULBERRY DR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX3779 . 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 February 13, 2009 , in the amount of $7385.57 . 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 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that she is Renee Liven---A (Name) Accounts Manager of DFS Services LLC , plaintiff herein, that (Title) (Company) 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 her knowledge, information and belief. (Signature) WWR# 7249513 Raymond Bennese '6011002661603779 DISCOVER CARD New valance Minimum rayment uue $7,395.57 1$474.00 Payment Due Date January 22, 2009 23 SDS46A01 0005638 RAYMOND BENNESE 203B MULBERRY DR MECHANICSBURG PA 17050-7916 Address, e-mail or telephone change? Dint chan0e in space above, or go to Discover.com. Print yomir e-mail address to receive important Account information end special offers. Account Number ending in J/ / Y Enter Amount Enclosed Below ? 72N 9 l ,? -1 Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the same day. Visit Discover.com/payments today. PO BOX 71084 11111 till n1"1'1"11''1'1'1 CHARLOTTE NC 28272-1084 ?u?n?lnlnnln?lnnln?nlnn?l?lnn?ulnln?lnn)n?ulr?ul? 0000019864587668:13335073955700000000047400 Discover More Card A;count Summary Closing Date: December 23, 2008 page 1 of 1 Account number ending in 3779 Previous Balance $7,395.57 Payment Due Date January 22, 2009 Payments And Credits 0.00 Minimum Payment Due $474.00 Purchases + 0.00 Credit Limit $7,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit limit $3,600.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance $7,395.57 Cashback Bonus* Opening Cashback Bonus Balance $ 18.81 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 18.81 -Coshback-BomrAb-Anniversary ------------------- _ -- AYailable-to-Redeem- - - - - - - - . - - - - - - - - -$ - - . - - - _0 QO. - - - . Date: May 23 How Can We Help You? 1. Visit Discover.com to pay your bill for no cost, view your latest Account information, *am and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) For fast, easy self-service options or to speak with a Customer Service Account Manager Please have your Discover Card available. 3. Write us at Discover Card, PO Box 30943, For TDD (assistance for hearing impaired) we reverse side Salt Lake City, UT 84130 Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE RNANCE FNANCE Balance Rates RATES RATES CHARGES CHARGES current billing period: 30 days Purchases $0 0.07942% 28.99% F 28.99% $0 none Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0 Balance Transfers $0 0.07942% 28.99% F 28.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. InPgrwp InionnraRlEn. If there is more than one page tp Nis billing statement see the back of each page for addonal important information. seen year Crrdeernber Agreement. Your Cardmember Agreement contains all the terms of your Account N Lost of stolen earda. Report immediately! Call 1400-347-2683. p, yo Z 9" NOU In Case of Errors or Questions About i ouat i rDB??r wu think?yxo r bill isw Lake City, UTu 84 0.0421, information s possible transaction on our bill write to us on a separate sheet of gape We must hear ro n you no later than 60 da)R after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not your rights. In your letter, give us the following information: :Your name an Co" Accunt number :The dollar amount of the suspected error. :Describe the error and explain, if you can, why you believe there is an error. K you need more information, describe the item you are un ur X about the parts of your bill that are not in You do not have to pay any amount in qquestion while we are investigating, but you are still obligated to pay Pa question. While we investigate your quesl7on, we cannot report you as delinquent or take any action to collect the amount you question. SpeeW INre for Cresltt Crrd Purehetes: K u have a problem with the quality of goods or services that you purchased with a credit card, and you.have tried in oood faith to correct the Droblem with Ne merchant u y not have to pay the remaining amount due on or s or services You h. • this protection only when the purchase price was. more an 350 and the purr ase was made ins your see?es purchahsegoods iare miles of your mailing address. (K we own, or operate Ne merchant or d we mailed you the advertisement for the goods covered regardless of the amount or oration of Purchase.) payraenlt. Send enly your payment and the top,portion of Nis statement in the envelope provided- r fnotysoeund cash. By sending your check as ent will descnbed above, you authorize us to use information on your check to make an electi s processed fund as an electroni account a transfer, the financial transfer w indicated on your check ore process the payment as a check transaction. K paym onic fuind trans accounthasasoon as Uie sacinediy we eceive yourf payment fend you will ^ot receiave your check back from yourrfinanci al inystitutionhdrawn from your The processing of your payment may be delayed if You send cash, correspondence or other items with your Vyment it you. send the payment to any other address or d. You use an envelope other than She one provided:- Payments received on or after 1 PM onday roug- Friday-or-on nt m weekend or bank holiday wdlll be posted to your Account as of the next business gay,. It you have misplaced your envelope snpa di YOU yid the night Discover is returnid . we Bank, POBox 6103, Carol, Stream, IL 60197-6103. Please allow 7-70 days for delivery. It your payment d resubmit it as an electronic debit payments. Call us at 1.800.347.2663. all You can pay your minimum paymeeOnt or a greater amount over the telephone, and you can set up automatic You will need this comply U.S. taw nYou account bed to proviide the firsstt 5 digits of ycie our f accosunare t moment in cordee.. n By entering those transactions muss comply numbers as your electronic signature, to will be agreeing to this authorization to allow us and your bank to deduct each payment you Oauthorize paynmen?trYou must ell us the amouunttmof eaach payment or 1yeoSu ann select an amoount such ppl has thole MinimCwrm Payment Die for the?l Balance on . You days St. repay noliry taterrientby phone at i 80011 7tori b it at address listed in the previous paarra raph. 9 yyouripaymaents may varylindamoount we will tell you on each monthly statement when your payment will be m aplied howng Ne billl il Ve. Your Automatic payment amount may lass than cycle. indicated on the monthly statement based on credits or payments ts, or other defaults on your y Crept NepentbW We may report information about your account to credit bureaus Late payments, missed pa men account may be reflected in our credit report We normally report the status and at history of your Accountt to credit reporting agencies each Dr nth. If you b I ?auancl yude your sank address, in ere pease number writ and Account nuinuddress: Discover Card, PO Box 15316, Wilmington, the tra PEMODC fIMANCE CNA68e?iilireal taaoCene far akin fen iyments or reeennnnppwcre?ditsf Howeverd ate you paidnthe Newrr lance o^ yyootuir previous until the date you pa Ye life New Balance by the Payment Due Date on your current billing ulhn statement DY the Payment Due Date shown on Nat statement and you pay g uOp e I ahe p ayyPooeuur will receivneca Caniling statement next month tiiai includes Perriodic f inane Chargges on this now purchases. There the is n6 orate period on balance Vansfers or cash advances. . ithi- -h roue by We sat Cr ansactions into groups of their Annual Percentage Rate. For exai ?ro ues. We refer to these groups as tri for each W day of th e billing peerio i for 1 Ba transaction category.. cash advances, and balance transfers and ases subiect to a promotional rate and p up the Penooio m i is shown as zero separate i Charges for each e charge the total Charges apply to the balance in a uanutouvu --y-7. We use the two-cycle daily average balance (includingo new transaction%method of caiulatinypothe balance upon which we impose Periodic Finance riod Charges. This means d you did not pay the New 63 lance Pdrl nceFi^anCe Clrargeas on newpureftases NacufiI appeared onsthat b llineg statement Payment Due Date shown on that statement, we will impose Periodic Finance Charges on the purchases on as well as new • rchases that fast appear on the current billing statement unless we already imposed your previous billing statement ry g p rY We dnridia?thie tAnKal oY thDaily eumber of days in tUhe bllii g cjch oWrlcanp'ute utReadaNebalanc for each Ua nsac% necatd eg for ry otransaction aac h yabytust de that day, Charged that day and Periodic Finance Charges accrued adding Nesoi Me to the previous day's dbavi balance: transactins ma yym, of ap 9a catethgderY o at Sys Inacabuleting fife daffj(nbalance (wCNe firrsttyday oftthe d nag periFits od was consideplitne "prevos Oay?saDalaneetnto transaction abeeance for each transaction category on the last day of your previous billing period. If a transaction is posted to your Account after the close your baansaction as having occurred on the first day of the billing period in which it is posted to of the bining period in which it occurs, we will treat the tr your Account ,,,;,,, rh..vr}ntinn of Cash Advance Transaction .Fee All fees charged ,your Account are aaaao w one sxaoua:u r,,,..,•-- °- ---- Finance Charges w tohich are added to the applicable cash advance transaction category and lance Transfer , are IancneeUanstlehe an the Balance Transte eTran?ctwr FeeleFinance Chargestoto thee?stalandard p uel>arut traxn?cUon catery id balance of the balance transfer and the Balance rat. hoe h..n torminatcn 'Intl"' the nefault Rate Plan. we leave the unpa 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 , RAYMOND BENNESE INDIVIDUALLY , in the amount of $7385.57 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. James wai,IlLULUkAt-, WEL INBERG & REIS CO., L.P.A. 436 Se en h Avenue, Suite 1400 Pitts ur PA 15219 (412) 43 -7955 FAX: 41 -338-7130 0724 3 CA Pit ABR This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. O CA 'D z Sheriffs Office of Cumberland County R Thomas Kline d?OJT It cuarbre, Edward L Schorpp Sheriff Solicitor Ronny R Anderson! Jody S Smith Chief Deputy OFACE THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/13/2009 10:46 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2009 at 1046 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Raymond Bennese, by making known unto Raymond Bennese personally, at 2038 Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $36.10 (PAID) March 17, 2009 SO ANSWERS, /A NE, SHERIFF Docket No. 2009-1496 Discover Bank v Raymond Bennese -Lf Zn i T- Syr CO e-) D Z m ,,.? to IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA Discover Bank, Plaintiff, Vs. ) Case No. 09/1496 Raymond Bennese, ) Defendant. ) Defendant's Answer Comes now the Defendant, Raymond Bennese, and for cause, states the following: 1. Defendant denies all of the material allegations contained in Plaintiff s complaint and demands strict proof thereof. 2. Plaintiff has further failed to state a claim upon which relief can be granted. 3. Defendant further asserts the following affirmative defenses: A. Statute of Frauds B. Failure of Consideration C. Fair Debt Collection Practices Act D. Accord & Satisfaction/Setoff E. Uniform Commercial Code 4. Defendant intends Discovery pursuant to the Pennsylvania Rules of Civil Procedure. Prepared and submitted by: ?, dwo.J Raymond Bennese Certificate of Service I, Raymond Bennese, certify that on ; Z , 2009, I mailed a true and correct copy of the above and foregoin Answer via first class mail, postage prepaid to: James C. Warmbrodt, 436 7 h Ave, Suite 1400, Pittsburgh, PA 15219. Raymond Bennese 2 OF TI- E F r'j'T ""r)TARY 2009 APP 23 PH 12: 30 "Try