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Home My WebLink About09-1928IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 09- 14a$ Vtl { rm vs. ERIN KENNEDY AKA ERIN E KENNEDY COMPLAINT IN CIVIL ACTION Defendant 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 07304014 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. ERIN KENNEDY AKA ERIN E KENNEDY Defendant Civil Action No COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend a9fainst the claims set forth in the following ages, 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: ERIN KENNEDY 1399 SIMPSON FERRY RD NEW CUMBERLND, PA 17070 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX4718 . 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 March 16, 2009 , in the amount of $2147.03 . 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 $300.00 . 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 , ERIN KENNEDY INDIVIDUALLY , in the amount of $2147.03 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $300.00 , and costs. James TWNBEERRGG 42524 WELTM& REIS CO., L.P.A. e, Suite 1400 436 S Pitts5219 (412) FAX: 07304 ABR This law firm is a debt collector attempi/ing to collect this debt for our client and any information obtained will be used for that purpose. LJIJ<.%1V CK CARD 08 SDSN6A01 0005443 ERIN KENNEDY 1399 SIMPSON FERRY RD NEW CUMBERLND PA 17070-1557 Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. 000001986458677517944021470300000000214703 Discover More Card Account Summary Closing Date: January 8, 2009 page 1 of 1 Account number ending in 4718 Previous Balance $2,147.03 Payment Due Date February 7, 2009 Payments And Credits 0.00 Minimum Payment Due $2,147.03 Purchases + 0.00 Credit Limit $6,000.00 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 $2,147.03 :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: April8 How Can We Help You? P 1. Visit Discover.com to pay your 691 for no cost, view your latest Account information, earn 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 Please have your Discover Card available. options or to speak with a Customer Service Account Manager 'For TDD (assistance for hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 EXHIBIT ;Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic F Daily Periodic PERCENTAGE PERCENTAGE FINANCE ? ?r GE Balances Rates RATES RATES CHARGES S ?S ? current billing period: 8 days Purchases $0 0.03559% 12.99% F 12.99% $0 none 'Cash Advances $0 0.05477% 19.99% F 19.99% $0 $0 previous billing period: 26 days Purchases $0 0.03559% 12.99% F 12.99% $0 none The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. . . _,....... --- $2,147.03 $2,147.03 Payment Due Date DUE IMMEDIATELY . w rn _U111?j in •ii 10 Enter Amount Enclosed Below $ Will your payment get to us on timeV Pay your bill online and your payment can be made to your account on the some day. Visit Discover.com/payments today. PO BOX 6103 Ill??rll?r?llrrrlrrlrrrlrll CAROL STREAM IL 60197-6103 Important Information. If there is more than one page to this billing statement, see the back of each page for additional important information. See your Cardrnarreer Agreement. Your Cardmember Agreement contains all the terms of your Account o Lost or stolen cards. Report immediately! Call 1400-347-2683. Co Bea gli S?rnn?ary In Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a o trans3ctitih on your biif, write to us on a separate sheet of paper at Discover Card; PO Box 30421, Satt Lane CKy, UT 84130.0421, as soon as possible. We must hear Trom you no later than 60 days. after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your etter, give us the following information: *Your name and Account number. *The dollar amount of the suspected error. o •Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure dYou o not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in "' question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. SlmW Rule for Cradle Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you rrtay not have to pay the remaining amount due on the mods or services. You have this protection only when the purchase price was more than i511 and the purchase was made ifi your home state or within 100 miles of your mailing address. (If we own or operate the merchant, or if we mailed you the advertisement for the goodf or services, all purchases are covered regardless of the amount or location of purchase.) Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check. as described above, you authorize us to use information on your check to make an electronic fund transfer from your account it the financial institution indicated on your check or to process the payment as a check transaction. If payment is cessed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an a proonic fund transfer funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your brianclal institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your ppaaymen if you send the payment to any other address or ifouu use an envelope other than-the une provided- -Payments receiveG on or after' PM Afonda rou h f rida`,-xrxr a weekend or bank holiday will be posted to your Account as of the next business day. If you have misplaced your envelope send,y?r payment to Discover Bank, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7-10 days for delivery. K your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1-800-347-2683. You will need this statement and your bank account information. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. You will be asked to provide the first 5 digits of your account statement zicork. By entering those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize from your bank account, and to initiate debit or credit entries to your bank account, as applicable to correct an error in the processing of such payment You must tell us the amount of each payment, or you can select an amount such as the Minimum Payment Due or the New Blance on each statement You can cancel a nt, however we must receive notice at least three business days in advance of the scheduled payment You may notify us by phone at 1-800-347- 683 or by mail at address listed in the previous paragraph. If your payments may vary in amount we will tell you on each monthly statement when your payment will be made and how much A will be Your Automatic payment amount may lass than indicated on the monthly statement based on credits or payments applied during the billing cycle. CroM Reporting. We may report information about your account to credit bureaus. Late payments, missed Pa is or other defaults on your account may be reflected in your credit report We normally report the status and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incom etc please write us at the following address: Discover Card, PO Box 15316, Wilmington, DE 19850-5316. Please include your name, address, home telephone number and Account number. PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to your Account until the date you pa your entire New Balance, by making payments or receiving credits. However, if you paid the New Balance on your previous billing statement by the Payment Due Date shown on that statement, and you pay-the New Balance by the Payment Due Date on your current billing statement, Nye will not impose Periodic Finance Charges on new purchases, that is purchases first a F on the current statement We call this the grace period. Otherwise, you will receive a billing statement next month that includes Periodic iF hance-Charges on those new purchase. There is no grace period on balance transfers or cash advances. We sort your transactions into groups of purchases cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. For example, purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups. We refer to these groups as transaction categories. At the end of each billing period, we compute balances and Periodic Finance Charges for each day of the billing period-for each transaction category We use -the following equation to- campute-Periodic finance Charge: fe,--each transaction category Average Daily Balance x number of days in the billing period x Daily Periodic Rate. (You may refer to the finance charge summary on your tilling statement Tor these amounts.) Then we add up the Periodic Finance Charges for each transaction calory to get the total Periodic Finance Charges for your Account The Average Daily Balance is shown as zero if, because of the grace period, no Periodic-Finance Charges apply to the balance in a transaction category. We use the two-cycle daily average balance (including new transactions) method of calculating the balance upon which we ImposePeriodic Finance Charges. This means if you did not pay the New Balance shown on the billing statement you received during the previous billing period by the Payment Due Date shown on that statement, we will impose Periodic Finance Charges on new purchases that first appeared on that billing statement, as well as new purchases that first appear on the current billing statement, unless we already imposed Periodic Finance Charges on the purchases on your previous billing statement We compute the Average Daily Balance for each transaction category by addinj up all the daily balances in a billing period for a transaction ca and dividingg the total by the number of days in the billing cycle. a compu the dally balance for each transaction category on each day by ur adding the Tollowing to the previous days dally balance: transactions made that day, fees charged that day and Periodic Finance Charges accrued on the previous days daffy balance; an0 4y then subtracting any credits and payments that are applied against the balance of the transaction category Dn that day. In calcula ting the dal Datance for the first day of the. bilhn period, we consider the 'previous days balance" to have been your balance for each transaction category on the last day of your previous bulling {?erod. It a transaction is posted to your Account after the close of the billing period in which it occurs, we will treat the Transaction as having occurred on the first day of the billing period in which it is posted to your Account All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to a applicable balance transfer transaction category. When a special balance transfer rate expires, we move the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges to the standard purchase transaction category. However, if the special rate has been terminated under the Default Rate Plan, we leave the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges in the applicable transaction category until the special rate would have expired. For TOD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. 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 Beth Bohac (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. - (?L (Signature) WWR# 7304014 Erin Kennedy '6011002540284718 11 E 38 ? om -R. i e-) r? =; rn She> iff s Office of Cumberland County R Thomas Kline .°?`?,t ct rC'? u,rrg? Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE Cc T, G s EIRIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/06/2009 05:18 PM - Shawn Harriso , Deputy Sheriff, who being duly sworn according to law, states that on April 6, 2009 at 1718 hours, he served a true copy of the within Complaint and Notice upon the within named defendant, to wit: Erin Kennedy by making known unto Beth Kennedy, Mother of Defendant, at 1399 Simpson Ferry Road, New Cumberland, Cumberland County, Pennsylvania, 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.30 April 07, 2009 SO ANSWERS R AS INE, SHERIFF uty riff Dcoket No. 2009-1928 1 Discover v Erin Kenney OF F ROTI<('?,OTARY 209 APR -9 PM 2: 16 PENNISYLVANA,