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Home My WebLink About10-4625 20;0 u?6. 13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. DONAVAN J KERNS Defendant No : ID - AJ (oa5 0""ic7ers" 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 08388963 C A Pit EMR s A1,00 AD *Try eR ausr?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No DONAVAN J KERNS 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, DISCOVER BANK is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY , OH 43054 . 2. Defendant is adult individual(s) residing at the address listed below: DONAVAN J KERNS 100 ELY DR SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3779 . 4. Defendant made use of said credit card and has a current balance due of $2309.34 , as of May 05, 2010 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 29.990% per annum on the unpaid balance from May 05, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 8. Plaintiff avers that such attorneys' fees will amount to $125.00 . 9. 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 , DONAVAN J KERNS individually , in the amount of $2309.34 with interest at the rate of 29.990% per annum from May 05, 2010 plus attorneys' fees of $125.00 , and costs. James C. armbrodt,42524 WELTMAN EINBERG & REIS CO., L.P.A. 436 Se en h Avenue, Suite 1400 Pitts rg , PA 15219 (412) 434 7955 FAX: 412 338-7130 0838 96 C A Pit EMR This law firm is a debt collector atte t'ng to collect this debt for our client and any information obtaine ill be used for that purpose. DISCOVER New Balance Minimum Payment Due $2,309.34 $2,309.34 Payment Due Date May 21, 2010 22 SDSN6A010003156 DONAVAN KERNS 100 ELY DR SHIPPENSBURG PA 17257-8818 Account Number ending in 3779 Enter Amount Enclosed Below Pksass make check payable to Discover Card. Minimum ymont due includes a past due amount of $534 00. Phone and internet dpoayym?eonts must be made by 5:OOpm ET For some Go p8'eriess and make your account information more secure with password- protected statements only you can access. Loam more at disco teccomlpapedess. PO BOX 6103 111...llsesrrlllfill fill l CAROL STREAM IL 60197-6103 Address, e-mail or telephone chonge9 {n{lu{luunl{Irlnrlw{rllunnllllnw{Irllnntl{ulu{{ Go to www.DiKovw.com or print change in space above. 000001986458112209784023093400000000230934 Opening Dale: Apnl 1, 2010 - Closing Dais: April 22, Discover Moro Card Account Summary cardmamber since Account number ending in 3779 Previous Balance $2,309.34 Paymenh And Credits 0,00 Purchases + 0.00 Baksnce Transfers + 0.00 Cash Advances + 0.00 Finance Charges + 0.00 Other Fees t + 0.00 New Balance 2,309.34 See Finance Charge Summary section Following transactions for detailed APR information Credit Line $1,500.00 Credit Line?Avaikabls -------------- --W.00- Cash Advance Credit line $0.00 Cash Advance Credit Line Available $0,00 t See transaction detail for a description of any fees `""."•" 1? °"1^ra Anniversary Month June Opening Cashbook Bonus Balance $ 0.00 New Cashback Bonus This Period + 0,00 Ia i -dc saws We. $ 0.00 To learn more, login of www.Disaover.com and select Rewards 3 Easy Ways to Contact Us Manage Your Account Online at www.Discolnw.asm 1. Access your account securely at www.Diseewr eom • Access free online tools like Paydown Planner to create a plan 2. Cad 1.800-DISCOVER (I -800-U7.2683) Please have yow Discoverd, card available. to pay down your bakmm, securely access dahmerMs, pay bills online and easily track all transactions 3. Write to us at Discover, PO Box 30943, __Sob lakk,City, W 84t3SL • Make your money worth moresM-find easy ways to earn - - -----.------------ ---- ---.---ondsedeem-oash"War&--------------- - - --- For TDD (relecommunications Device for the Deaf) NEWI Access your account securely through your assistance, please call 1.800347-7449. mobile phone Transactions ;8388963 TDai. fOn' DData Finance Charge Summary Daiilly? Paiwdic cuITent billing period: 22 days Baksncas Rate Nominal Other P SAGE P? UITAGE PeriodicNANCE F?? RATES s Purchases $0 0.08216% RATES _ CHARGES 29.99% 29.99% $0 $0 ;Past Purchases $0 0.08216% 29.99% 29.99% $0 $0 Cash Advances $0 0.08216% 29.99% 29.99% $0 $0 V - Variable Rah See reverse side. DISCOVER LV I V page I of I Payment Information New Balance $2,309.34 Minimum Payment Due* $2,309.34 Payment Duo Date May 21, 2010 *Inckrdes post due amount of $534.00 Lob Paynwtt Wanting: If we do not receive your minimum payment by the dale listed above, you may have to pay a kste fee of up to $39.00. Mirinwn PayrrwN Warning: If you make only, the minimum Payment each period, you will pay more in intend and it will take you longer to pay off your balance. For example: '?Y 'qlA+? ply; .y?•b r : fl Iltlik /My i#q(rit?K? Only the minimum g y.a,e $2,309 payment If you would like information about credit counseling services, call! 1.800347.1121. lh^ 9% RHIBff t. 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 James Ball (Name) Team Leader 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. WWR# 8388963 Donavan J. Kerns 779 1 OF THE PRO THONo T ARY 1010 0EC 30 AN' 8: 34 CUMBERLAND COUNTY PEWisYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. DONAVAN J KERNS Defendant(s) No. 10 4625 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA I.D. 493598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8388963 DIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10 4625 CIVIL TERM DONAVAN J KERNS 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. SWORN TO AND SUBSCRIBED before this Q?) day WELTMAN, WEINBfz1W & REIS CO., L.P.A. By: INBERG & REIS CO., L.P.A. Avenue Pittsburgh, PA 15219 (412) 434-7955 PA # 5w WE DMA , WE 140 Kopp s Building 436 h of 0 0 COMMONWEALTH OF PENNSYLVANIA Notarial Seal ! / _......., Wendy L Gault,?yNootary Public City or Wtisburgh, ^"?Yry•^"W Countv LIC Oomm4e81011 7 15, 2014 Member: Pqrwwvlv&w Agoxkvm or Notaries