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Home My WebLink About09-5695IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 0q -50S civil lerwi vs. COMPLAINT IN CIVIL ACTION KEVIN ALLEN COOPER 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 07563325 C A Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No KEVIN ALLEN COOPER 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: KEVIN ALLEN COOPER 245 OLD STONE HOUSE RD S MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX656G . 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 August 03, 2009 , in the amount of $6790.79 . 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 $125.00 . 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 , KEVIN ALLEN COOPER individually , in the amount of $6790.79 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $125.00 , and costs. Li ames -?C:, rmbrocit-, 42524 WELTMAN, W INBERG & REIS CO., L.P.A. 436 Sev nt Avenue, Suite 1400 Pitt sb g , PA 15219 (412) 3 -7955 FAX: 1 -338-7130 07563 C A Pit SJS 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. 6JIJV'?.. 'V CFC ?o,rru.rr ?o,iyv.ir CARD '------------ Payment Due Date June 14, 2009 15 SDSN6A01 0003319 KEVIN COOPER 245 OLD STONE HOUSE RD S MECHANICSBURG PA 17055-9729 cnrer Amounr cnciosea oeiow 7 633?S'-- Please make check payable to Discover Card. Minimum pa ment due includes a past due amount of $1,406.00. 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 Discover.com/payments today. PO BOX 6103 111 1111 ills Ills 11 CAROL STREAM IL 60197-6103 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. 000001986458520167574067907900000000679079 Discover More Card Account Summary Closing Date: May 15, 2009 page 1 of 1 Account number ending in 6566 Previous Balance $6,790.79 Payment Due Date June 14, 2009 Payments And Credits 0.00 Minimum Payment Due $6,790.79 Purchases + 0.00 Credit Limit $6,600.00 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 = $6,790.79 Cashback Bonus® Cashback Bonus® Anniversary Date: February 15 Opening Cashback Bonus Balance New Cashback Bonus This Period Cashback Bonus Balance $ 0.00 + 0.00 $ 0.00 How Can We Help You? 1. Visit Discover am to pay your bill for no cost, view ou P latest Account information, earn and redeem rewards anrd 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 see reverse side 3' Write us at Discover Card, PO Box 30943, ( impaired) Salt Lake City, UT 84130 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 of the Cardmember Agreement for details. EXHIBIT Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 15 days Purchases $0 0.08216% 29.99% F 29.99% $0 $0 Past Purchases $0 0.08216% 29.99% F 29.99% $0 $0 Cash Advances $0 0.08216% 29.99% F 29.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above Important Informatlon. If there is more than one page to this billing statement, see the back of each page for additional important information. 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. BIIBng 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 transaction on your bill, write to us on a separate sheet of paper at Discover Card; PO Box 30421, Salt Lake City, UT 84130-0421, as soon as possible. We must hear from you no later than 60 Says 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 letter, give us the following information: *Your name and Account number. *The dollar amount of the suspected error. *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 tried in good faith to correct the roblem with the merchant, you may not have to pay the remaining amount due on the goods or services. youruma ing addressLe(If? weoownworoopeerate the merchant, or ifmwe nailed youatheladvertisement for the goods orrservices,alll purchases a0re 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 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 ppayment, if you send the payment to any ca ^ acd c : of ;f you use all envelope other than tic on u p,wided. Payments received on -or after 1 -PM Monday tht h-Friday or on -a-weekend Ba k. POhBo?xa6103, Carol St eam yIL 60197 6103. Please allow 7 10edaysay for deliverya If misplaced payment enelo send resubmit it as an electronic debit. unp idowepraeserve the Dright to 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 yyour 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 payment, however we must receive notice at least three business days in advance of the scheduled payment. You may notify us by phone at 1.800.347.2683 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 lass 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 reporting agencies each month. If you believe that our report is inaccurate or incomplete please write us at tse 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 ppby the Payment Due Date on your current billing the grace period ill Otherwse5e y ouri will receive a billing statementnext month thatsincludes PeriodicaFi nancegCharges on thoseslnew purchases.ca 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 u; aaLil tc;' C,` t`x Wliar each trarisacticn Cato -xy. u•.i° use he loCowin8 equation to compute -Periodic Finance for Each transaction category Average Daily Balance x number of days in the billingg period x airy Periodic Rate. (You may refer to the finance charge summary on your billing statement for thee amounts.) Then we add up theYeriodic Finance Charges for each transaction Category 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 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 asywell asDnewaparcha es thathfirst appear°on the current billing sttatementcunless we already imposed Periodic F( inance Charges on the es on your previous billing statement We compute the Average Daily Balance for each transaction categorryy by adding up all the daily balances in a billing period for a transaction categgory and dividingg the total by the number of days in the billing cycle. We compute the dail balance for each transaction category on each day bytirst adding thetollowing 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 daily balance; and by ten subtracting any credits and payments that are applied against the balance of the transaction category on that day. In calculating the dairy balance for the first day of the billing period, we consider the "previous day's balance" to have been your balance for each transaction category on the last day of your previous 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 sansaction 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 appplicable balance transfer transaction category. When a specialebalance transfer rate expires, we move the unpaid balance of the rate has Been terminated Gunder therDefault Rate Plannwe lea Fveathe unpaid balance of theabalancehtransfernand ithe Balagnce Transfer TransactioneFee Finance Charges in the applicable transaction category until the special rate would have expired. For TOO ITelecommunieationt n.vie& in, th. n.mt -1 4 o,,,, - .,- VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is Robert Adkins (Name) Accounts Manager of DFS Services LLC , plaintiff herein, that (Title) (Company) he 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 knowledge, information and belief. (Signature) WWR# 7563325 Kevin A. Cooper '6011002404136566 Q OF TIE PROT KVNIO 2009 AUG 18 AM 9= 0 5 CU VlBL LL,`4u -000NTY PcNNSYL,VAN;O. 08.60 PO A rN ?,?,?' ? 1403"17 uq 31 Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy OFFICE OF1HE $?IZRIFF OF FILED -.?i I- C THE Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 2009 AUG 3 ! Na 3: 3 4 Discover Bank vs. Kevin Allen Cooper Case Number 2009-5695 SHERIFF'S RETURN OF SERVICE 08/27/2009 02:44 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 27, 2009 at 1444 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kevin Allen Cooper, by making known unto Amber Cooper, wife of defendant at 245 Old Stone House Road S. Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 August 28, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By, y t ?• • IN THE COtJRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KEVIN ALLEN COOPER Defendant(s) No. 09-5695 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE 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#7563325 DIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .? CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-5695 CIVIL TERM KEVIN ALLEN COOPER Defendant(s) PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF Cumberland COUNTY: SIR Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records of the Court and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. W PA I.D. #42 Esquire WELTMA EINBERG & REIS CO., L.P.A. 1400 Ko er Building 436 Sev t Avenue Pittsbu , PA 15219 (412)4 4-7955 SWORN TO AND SUBSCRIBED before me this [ L4 day of 0 C-1- 20 NC? ARY PUB COMMONWEAL-TH OF PENNSYLVANIA Notarial Seal Wayne A. Jones, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 20, 2010 Member. Pennsylvania Association of Notar?es 0 N 0 V 10 OA '9 8 -- 2 9