HomeMy WebLinkAbout09-6031IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs
DEBORAH KONE
AKA DEBORAH H KONE
WARREN KONE
AKA WARREN F KONE II
Defendants
e9- ( 5 01?UI'I ftrtVA
No:
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
07303940 C A Pit JLI
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
DEBORAH KONE
AKA DEBORAH H KONE
WARREN KONE
AKA WARREN F KONE II
Defendants
Civil Action No
COMPLAINT AND NOTICE TO DEFEND
09- 6d3 l a ?V /
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. Defendants are adult individual(s) residing at the address listed
below:
DEBORAH KONE
832 LISBURN RD
CARLISLE, PA 17015
WARREN KONE
832 LISBURN RD
CARLISLE, PA 17015
3. Defendants applied for and received a credit card issued by
Plaintiff bearing the account number XXXXXXXXXXXX2994 . A copy of
Plaintiff's Statement of Account s attached hereto, marked as Exhibit
"A" and made a part hereof.
4. Defendants made use of said credit card and currently has a
balance due and owing to Plaintiff, as of August 11, 2009 , in the
amount of $9550.41 .
5. Defendants are in default by failing to make payments when due.
6. Plaintiff avers that the Agreement between the parties provides
that Defendants will pay Plaintiff's attorneys' fees.
7. Plaintiff avers that such attorneys' fees will amount to $100.00 .
8. Although repeatedly requested to do so by Plaintiff, Defendants
have willfully failed and/or refused to pay the balance due to
Plaintiff.
Wherefore, the Plaintiff prays for Judgment in its favor and
against Defendants , DEBORAH KONE AND WARREN KONE JOINTLY AND
SEVERALLY , in the amount of $9550.41 with interest at the legal rate
of 6.00001 per annum from date of judgment plus attorneys' fees of
$100.00 , and costs.
James Warmnresat, 42514
WELT WEINBERG & REIS CO., L.P.A.
436 v th Avenue, Suite 1400
Pit b gh, PA 15219
(41 ) 34-7955
F 12-338-7130
07 940 C A Pit JLI
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.
WlJ%W --.-'Y LM Ju.vu
CARD
30 SDSN6A01 0005369
DEBORAH KONE
WARREN KONE
PO BOX 3097
SHIREMANSTOWN PA 17011-3097
J I,Y I I.ue ?n'er Amovr` `_rc'osed Below
Payment Due Date $ I
February 27, 2009
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.
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 6103 111111111111111111111111111
CAROL STREAM IL 60197-6103
000001986458451506444000000000000000191100
Discover More Card Account Summary
Closing Date: January 30, 2009 page 1 of 1
Account number ending in 2994 Previous Balance $9,550.41
Payment Due Date February 27, 2009 Payments And Credits - 91550.41
Minimum Payment Due $1,911.00 Purchases + 0.00
Credit Limit $8,000.00 Cash Advances + 0.00
Credit Available $0.00 Balance Transfers + 0.00
'Cash Credit Limit $6,000.00 Finance Charges + 0.00
Cash Credit Available $0.00 New Balance $0.00
Cashback Bonus® Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus Earned + 0.00
Cashback Bonus Balance $ 0.00
iCSshbdck-Bonus®- Anniversary " - Available to Redeem $ - 0,00
Date: September 26
How Can We Help You? 1. Visit Discover.com to pay your bill 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
3. Write us at Discover Card, PO Box 30943,
For TDD (assistance for hearing impaired) see reverse side Salt Lake City, UT 8,4130
Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence.
Trans. Post
Date Date
Payments and Credits Jan 31 Jan 31 INTERNAL CHARGE-OFF $ -9,550.41
txHiair
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: 5 days
Purchases $0 0.08216% 29.99% F 29.99% $0 none
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 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 Cl)
0
Lost or stolen cards. Report immediately! Call 1-800-347-2683. rn
z
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.
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. p
.The dollar amount of the suspected error. m
.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 o
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 w
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: It 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 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 slate 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 precessing of your payment may be delayed if you send cash, correspondence or other items with your pament if you send the payment to
any other address or if you use an envelope other than the one provided. Payments received on or after 1 P4 Monday through Friday 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" our payment to
Discover Bank, PO Box 6103, Carol Stream, IL 60197-6103. Please allow 7-10 days for delivery. If your payment is returned unpaizwe reserve the
right to resubmit it as an electronic debit
You can pay 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 tM 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 payment however we must receive notice at least three business days in advance of the scheduled payment You
may notify us by phone at 1-800-347.3683 or by mail at address listed in the previous paragraph. if your payments may vary in amount we will tell
you on each monthy, 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 reporting agencies each
month. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover MoresM 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 pay your entire New Balance, by making payments or receiving credits. However, we will provide the following "grace period." 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 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 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 for
each day of the billingg period for each transaction category. We use the following equation to compute Periodic Finance Charges for each transaction
category. Average Daily Balance x number of days in the billing period x Daily Periodic Rate. (See the finance charge summary on your statement for
these amounts.) Then we add up the Periodic 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 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 categoryy by adding up all the daily balances in a billing period for a transaction category
and dividing the total by the number of days in the billing cycle. We compute the dally balance for each transaction category on each day byfirstt
adding the following to the previous days daily balance: transactions made that day, fees charged that day and Periodic Finance Charges accrued on
the previous day's aily 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 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 TOO (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 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.
?c Liku-)
(Signature)
WWR# 7303940
Deborah Kone
'6011002331532994
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Fi`_
OF TN' F'" ;r"CRY
[0110 95 P _2 PI 11 2: LO 8
A9i sa
C??- yd, 6 7asZ/
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
i;o??t t c ll jl Gb 'j?/I#
OFFJ-? -4
E1LED-4; 4FCE
OF THE PPcw 1 '!?ci\ n1
2009 SEP I I Ate
PENNS'I'LVri NIX
42
Discover Bank
Case Number
vs.
Warren Kone 2009-6 1
SHERIFF'S RETURN OF SERVICE
09/08/2009 09:08 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that
September 8, 2009 at 2108 hours, she served a true copy of the within Complaint and Notice, upc
within named defendant, to wit: Warren Kone, by making known unto Deborah Kone, wife of defer
832 Lisburn Road Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same
handing to her personally the said true and correct copy of the same.
09/08/2009 09:08 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that
September 8, 2009 at 2108 hours, she served a true copy of the within Complaint and Notice, upc
within named defendant, to wit: Deborah Kone, by making known unto herself personally, at 832 l
Road Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handir
personally the said true and correct copy of the same.
SHERIFF COST: $49.40
SO ANSWER
1
September 09, 2009 R THOMAS KLINE, SHERIFF
Deputy Sher
at
her
f
i
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: James C. Warmbrodt, Esquire Attorney for Piaintifr(s)
I.D. No.42524
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955 --? ^?
Fax: 412.434.7959
z m o
c-?
-
-
File # 7303940 ter-- ?
-<> in E
DISCOVER BANK <°
3>n -°
CUMBERLAND County I`= ?• ''
Court of Common Pleas
vs.
DEBORAH KONE `?A'
WARREN KONE- I?I+L7?
NO-
and
MEMBERS 1 ST FCU
SOVEREIGN BANK
Garnishee(s)
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
Kindly marked the above matter discontinued and ended as to Garnishee(s), MEMBERS
1 ST FCU
SOVEREIGN BANK, only.
WELTMAN, WEINBERG & REIS CO., L.P.A
By
C. Warmbrodt, Esquire
ev for Plaintiff
??? a81 C)1?1
p* SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson t
Sheriff ,of atia5rfi F I LED-OFF1Cf'
Jody S Smith OF THE PROTHON i`,R°z
Chief Deputy 2013 APR —5 PM 3-* 5
Richard W Stewart
Solicitor OMCE OF THE SKIRIFf CUMBERLAND COUNT)'
PENNSYLVANIA
Discover Bank
Gage Number
VS.
Warren F. Kone(et ai.) 2009-6031
SHERIFF'S RETURN OF SERVICE
09/2012012 09:40 AM-William Cline, Deputy Sheriff,who being duly sworn according to law, states that on
September 20,2012 at 0940 hours, attached as herein commanded all goods, chattels, rights, debts,
credits, and monies of the within named defendants,to wit:Deborah Kone and Warren Koine, in the
hands, possession,or control of the within named garnishee, Sovereign Bank, 17 W High Street,
Carlisle, Cumberland County, Pennsylvania, by handing to Denise Beecher, Teller, personally three
copies of interrogatories together with three true and attested copies of the writ of execution and made
the contents there of known to her.
0912012012 10:20 AM-William Cline, Deputy Sheriff,who being duly sworn according to law, states that on
September 20, 2012 at 1018 hours, attached as herein commanded all goods, chattels, rights, debts,
credits,and monies of the within named defendants,to wit: Deborah Kone and Warren Kone, in the
hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711
Spring Road, Carlisle, Cumberland County, Pennsylvania, by handing to Tina Maslanik,Teller, personally
three copies of interrogatories together with three true and attested copies of the writ of execution and
made the contents there of known to her.
The writ of execution and notice to defendant was mailed on September 28, 2012 to Deborah Kane at
832 Lisburn Road, Carlisle, PA 17015 and to Warren Kone at 832 Lisburn Road, Carlisle, PA 17015.
04/05/2013 Ronny R.Anderson, Sheriff,who being duly swom according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $154.70 SO ANSWERS,
April 05, 2013 RbNW R ANDERSON, SHERIFF
I
off- l-
-)CountySm a Stwiff.'releosoft,Inc.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVAJIIA) NO 09-6031 Civil
COUNTY OF CUMBERLAND) ` CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt,interest and costs due DISCOVER BANK, Plaintiff(s)
From DEBORAH KONE and WARREN KONE,832 Lisburn Rd,Carlisle,PA 17015
(1)You are directed to levy upon the property of the defendant(s)and to sell
(2) You are also directed to attach the property of the defendant(s)not levied upon in the possession
of
GARNISHEE(S)as follows:
MEMBERS 1sT FCU,1711 Spring Rd,Carlisle,PA 1701,3
SOVEREIGN BANK, 17 W High St,Carlisle,PA 17013
and to notify the garnishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant
(s)or otherwise disposing thereof;
(3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $11,050.41 L.L.$.50
Interest -- $1,825.59
Atty's Comm % Due Prothy $2.25
Atty Paid $173.40 Other Costs
Plaintiff Paid
Date: 9/17/12
David D.Buell,Prothonotary
(Seal)
Deputy
REQUESTING PARTY:
Name: WILLIAM T.MOLCZAN,ESQUIRE
Address:WELTMAN,WEINBERG&REIS CO.,LPA TRUE COPY REGORD
1400 KOPPERS BUILDING I hst+�Wft a*my hsW
aadit ledstWd ,P&
436 SEVENTH AVENUE 20 �
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-434-7955
Supreme Court ID No.47437