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HomeMy WebLinkAbout09-6030IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. KEVIN DUFFY J, II Defendant No. 0- if 8o COMPLAINT IN CIVIL ACTION 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#7569519 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. G/_ G v '? 6 G N• t KEVIN DUFFY J, II Defendant COMPLAINT IN CIVIL ACTION 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 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 ROAD NEW ALBANY, OH 43054-0000. 2. Defendant is an adult individual residing at 1105 REDWOOD DR CARLISLE,PA 17013. 3. Defendant applied for and received a credit card issued by Plaintiff's bearing the account number XXXXXXXXXXXX4173. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of AUGUST 3, in the amount of $5,844.74. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 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 principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, KEVIN DUFFY J II, individually, in the amount of $5,844.74 with interest at the legal interest rate of 6% per annum from date of judgment plus $125.00 in attorneys' fees WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. Wa 5t rodt, 4 PA I.D. #425 WELTMA EINB 1400 Kop r uildin 436 Seve t Avenue Pittsbur , PA 15219 (412) 4 -7955 Esquire & REIS CO., L.P.A. WWR#:7569519 II/I.A%W' , r I-IN )'1,844.14 55,844.74 Enter Amount Enc;osed Be!ow ' CARD - _. _- - .- -- - ------------' . Payment Cue Date_ June 21, 2009 Please make check payable to Discover Card. Minimum payment due includes a past due f amount o $1,1 15.00. 22 SDI WA01 0003540 KEVIN DUFFY 2 Will your payment get to us on time? Pay 1105 REDWOOD DR your bill online and your payment can be made to your account on the same day. Visit CARLISLE PA 17013-1379 Discover.com/payments today. PO BOX 6103 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. 000001.986458169401698058447400000000584474 Discover More Card Account Summary Closing Date: May 22, 2009 page 1 of 1 Account number ending in 4173 Previous Balance $5,844.74 Payment Due Date June 21, 2009 Payments And Credits 0.00 Minimum Payment Due $5,84474 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 = $5,844.74 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 rY - - - Date: December 22 'How Can We Hel YOU? 1. Visit Discover.com to pay your bill for no cost, view your p 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 3. Write us at Discover Card, PO Box 30943, For TDD (assistance for hearing impaired) see reverse side 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 A re t 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: 22 days Purchases $0 0.07942% 28.99% F 28.99% $0 $0 Cash Advances $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. 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 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 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 Trom 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 problem with the merchant you mayy 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 or within 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 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 mayv be delayed if you send cash, correspondence or other items with your ppayment, if you send the payment to any "c aea,ccs o. you use a erraeiope other ;a. cne ; ?v;ded. Payments received on or after 1 PM Monda}rthrau hfnday or on a-weekend or bank holiday will be posted to your Account as of the next business day. If you have misplaced your envelope, send your payment to Discover Bank, PO Box 103, Carol Stream, L 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 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 payyment, 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 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 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 payyment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at tfte following address: Discover Card, PO Box 15716, 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 we will not impose Periodic Finance Charges on new purchases, that is purchases first appearing on the current statement We call this the grace period. Otherwise, you will receive a billing statement next month that includes Periodic appearing Charges on those 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 i eat:! :Sa; o, 1ht :r191a3 Fx each 7ai!_acitGn ca'.a,ry. ?'ie use ?e following equation to compute Periodic Finance Ch2.yes fc; each transaction category Average Daily Balance x number of days in the billin period x Daily Periodic Rate. You may refer to the finance charge summary on your billing statement for these amounts.) Then we add up the?enodic 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 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 categorryy by adding up all the daily balances in a billing period for a transaction cafeggory_ and dividing the total by the number of days in the billing cycle. We compute the dais balance for each transaction category on each day by-f s adding the following 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 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 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 dayy 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 Gansaction 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 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 TDD fTelecommunleatient n.vien in, tho n-ft .eeiar.- M.- ..- 4 - - 11- 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. ignature) WWR# 7569519 2 K. Duffy '6011002024964173 0? - Fit T'4-: G n -3 F ?? ??f s? ray (ik? N19?k Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor i; QFKt THE , cRIFF Discover Bank vs. Kevin J. Duffy, II SHERI'F 10/05/2009 R. Thomas Kline, Sheriff, who be and inquiry for the within named c bailiwick. He therefore returns th Duffy II. Kevin J. Duffy II contacts Brookridge Terrace Apt. 303 Hari SHERIFF COST: $49.20 October 05, 2009 FILED-OFF+C5 OF THE F ironNOTAPY, 2009 OCT -G Alf 10: 15 "Y LMA Case Number 2009-6030 F'S RETURN OF SERVICE ng duly sworn according to law, states that he made a diligent search efendant to wit: Kevin J. Duffy II, but was unable to locate him in his within Complaint and Notice as not found as to the defendant Kevin J. d The Sheriffs Office to inform Deputy's his new address is 3641 sburg, PA 17109, his phone number is 717-514-7619. SO ANSWERS, R THOMAS KLINE, SHERIFF