HomeMy WebLinkAbout09-2633IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: CA - a(aM Ctvtl (erm
vs.
COMPLAINT IN CIVIL ACTION
KIRK GOBIN
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
07323645 C A Pit ABR
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No
KIRK GOBIN
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, 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:
KIRK GOBIN
1101 CLAREMONT RD
CARLISLE, PA 17015
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number XXXXXXXXXXXX1508 . 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 16, 2009 , in the amount of
$3354.79
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 $500.00 .
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 , KIRK GOBIN INDIVIDUALLY , in the amount of
$3354.79 with interest at the legal rate of 6.000. per annum from date
of judgment plus attorneys' fees of $500.00 , and costs.
James C. rmbrodt,42524
WELTMAN, WE NBERG & REIS CO., L.P.A.
436 Sev th Avenue, Suite 1400
Pittsb gh, PA 15219
(412) 34- 955
FAX: 2- 38-7130
07323 4 C A 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.
v¦vvNUr T VI\
CARD
$3,354.79 1$1,575,00
Payment Due Date
DUE IMMEDIATELY
08 SDSN6A01 0000318
KIRK GOBIN
462 N FRANKLIN ST
CHAMBERSBURG PA 17201-1133
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.
Enter Amount Enclosed Below
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your bill online and your payment can be
made to your account on the same day. Visit
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- 1* ) -LV?A ? 3 -VI )
PO BOX 6103 ?...Illlllllllllrllllllll
CAROL STREAM IL 60197-6103
1.1h. 11.111111111 111111111 1111111 111111111 11 1111 Ill 11111111 11
000001986458201419351033547900000000157500
Discover More Card Account Summary
Closing Date: July 8, 2007 page 1 of 1
'Account number ending in 1508 Previous Balance $3,254.79
Payment Due Date August 7, 2007 Payments And Credits 100.00
Minimum Payment Due $1,575.00 Purchases + 0.00
Credit Limit $2,000.00 Cash Advances + 0.00
Credit Available $0.00 Balance Transfers + 0.00
Cash Credit Limit $500.00 Finance Charges + 0.00
Cash Credit Available $0.00 New Balance $3,354.79
Cashback Bonus® Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus Earned + 0,00
Cash6ack Bonus Balance $ 0.00
Cashback Bonus®-AnniversaryAvailable to -Redeem.
Date: December 8
How Can We Hel YOU?
p 1. Visit Discover.com to pay your bill for no cost, view our
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It's your choice - 3 ways to help a
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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
Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence.
Trans. Post
Date Date
Payments and Credits Jun 29 Jun 4 AGENCY COLLECTED NSF PAYMENT ADJ $ 100.00
Finance Charge Summary
Average
Daily Nominal
ANNUAL
ANNUAL
Periodic Transaction
Fee
Daily
Balance s Periodic
Rotes PERCENTAGE
RATES PERCENTAGE
RATES FINANCE
CHARGES FINANCE
CHARGES
current billing period: 30 days
Purchases $0 0.07463% 27.24% V 27.24% $0 none
Cash Advances $0 0.07463% 27.24% V 27.24% $0 $0
previous billing period: 31 days
Purchases $0 0.07463% 27.24% V 27.24% $0 none
ExHiBir
The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above
important information. If there is more than one page to this billing statement, see the back of each page for additional important mfonnation.
See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account
Lost or stolen cards. Report immediately! Call 1-800-347-2683.
Billing Rights Summary. 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
transaction on your bill, write us on a separate sheet of paper at Discover MoreSm, PO Box 30421, Salt Lake City, UT 84130-0421, as soon as possible. c
We must hear from 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 o
doing so will not preserve your rights. In your letter, give us the following information:
Your name and Account number. 12
*The dollar amount of the suspected error. w
*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 %
about.
You do 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.
Special Rule for Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card, and
you have tiled rn good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or
services. You have this protection only when the purchase price was more than $50 and the purchase was made in your home state of wr hin 100
miles of your mailing address. (If we own or operate the merchant, or if we mailed you the advertisement for the goods 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 our account at the financial institution
indicated on your check or to process the payment as a check transaction. If payment is processed 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 electronic 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 financial institution.
The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment to
anv other address nr if you use an envelope other than the one provifipd Payments received. on or after 1 P Monday through Fries;; or on a
wcchend or bank holiday will be posted to your ACCoUnf as or We 6JA wsrhea; day if you have misplaced your envelope,-send youi i ayment to
Discover Bank, PO Box 6103, Carol Stream, IL 60197-6103. Please allow 7-10 days for delivery. If your payment is returned unpaid, we reserve the
right to resubmit it as an electronic debit
You can pa our 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 zip code. 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 Balance on
each statement You can cancel a pa ment, however we must receive notice at least three business days in advance of the scheduled payment You
may notify us by phone at 1.800-347683 or by mail at address listed in the previous paraggraph. If your payments may vary in amount, we will tell
you on each monthly statement when your payment will be made and how much it will be. Your Automatic payment amount may be less than
indicated on the monthly statement based on credits or payments applied during the billing cycle.
Credit Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, 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 reepoiting agencies each
month. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover Mores 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 ou pay your entire New Balance, by making payments or receiving credits. However, we will provide the following rare period If
you paid the New Balance on your previous billing statement by the Payment Due Date shown on that statement, and you pa tfre New Balance by
the Payment Due Date on this statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases first appearing on this
statement Otherwise, you will receive a billing statement next month that includes Periodic Finance Charges on [hose new purchases.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 billing9 period for each transaction category. We use the following equation to compute Periodic Finance Charges for cacti transaction
category Average Dairy P3!3nce x number of days, in theblling.pened-rn,ic_Rate.-(See the finance -charge_sulir.av; on your staiLement for
these amounts) Then we add up the Penotlic Finance Charges loi cacti uansaction category to el the total Periodic Finance Chaiges 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 average daily balance (including new transactions) method of calculating the balance upon which we impose Periodic 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 adding up all the daily balances in a billing period for a transaction categgorryy
and dividing the total by the number of days in the billing cycle; We compute the daily balance for each transaction category on each day by first
adding the followin to the previous day's daily balance: transactions made that day, fees charged that day and Periodic Finance Charges accrued on
the previous day's gaily balance: and by then subtracting any credits and payments that are applied against the balance of the transaction category
on that day. In calculating the daily balance for the previous billing period, we consider the "previous day's daily balance" to have been zero on the
first day of the billing period. If 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 the applicable balance transfer transaction category. When the special rate expires, we move the unpaid balance of the balance transfer
and the Balance Transfer Transaction Fee Finance Charges to the standard purchase transaction categoryy. However, if the special fate 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 TDD (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
unsworn falsifications to authorities, that she is Jennifer Noble
(Name)
Accounts Manager of DFS Sgrvices 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 # 07323645
KIRK GOBIN
6011002160761508
O
So PO A rW
C r,** 4004 114
W*da4307
Sheriffs Office of Cumberland County
R Thomas Kline ?y?titr of umbr?t? Edward L Schorpp
Sheriff Solicitor
Ronny R Anderson ri Jody S Smith
Chief Deputy OFFICE c` 7?,E 5!tERIFE Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
04/2912009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Kirk Gobin, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Kirk
Gobin. The Cumberland County Prison has stated the defendant has not been in custody since January
of 2009. A possible address for the defendant is 462 N. Franklin Street, Apt. 2 Chambersburg, Franklin
County, Pennsylvania 17201, he could also be in custody at Franklin County Prison.
SHERIFF COST: $33.00 SO ANSWERS,
April 29, 2009 R THOMAS KLINE, SHERIFF
2009-2633
Discover Bank
VS
Kirk Gobin
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