HomeMy WebLinkAbout10-55230 AUO 24 AN p. 23
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: it) - 55013 0'w"ITerM
vs.
THOMAS J KLEMAN
COMPLAINT IN CIVIL ACTION
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
08471601 C A Pit EMR
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No
THOMAS J KLEMAN
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:
THOMAS J KLEMAN
912 WILLCLIFF DR
MECHANICSBURG, PA 17050
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX7719
4. Defendant made use of said credit card and has a current balance
due of $15172.15 , as of June 09, 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
17.4909., per annum on the unpaid balance from June 09, 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 , THOMAS J KLEMAN individually , in the amount of
$15172.15 with interest at the rate of 17.490% per annum from June 09,
2010 plus attorneys' fees of $125.00 , and costs.
ames
436 S
Pitt
(412
FAX-
084 1
This law firm is a debt collector att
our client and any information obtain
WEINBERG & REIS CO., L.P.A.
nth Avenue, Suite 1400
?h, PA 15219
4-7955
-338-7130
C A Pit EMR
Wing to collect this debt for
ill be used for that purpose.
New Balance Minimum Payment Du
DISCOVER $0.00 $2,571.00
Payment Due Date
June 26, 2010
31 SDSNSA010005578
THOMAS KLEMAN
912 MILLCLIFF DR
MECHANICSBURG PA 17050-2159
Account Number ending in 7719
Enter Amount Enclosed Below
Go paperless and make your account
information more secure with password-
protected statements only you can access.
Learn more at discover.conMpaperless.
PO BOX 6103 lllsrnll"r 11111111
CAROL STREAM IL 60197-6103
Address, is-mail or telephonechnmgeQ L?inllnunllirlnrinnlnl?unr?Illnm??JluuJlniu?l
Go to wwwMIKever wn or print change to space above.
000001986458068212055000000000000000257100
)pawing Dots: May 19, 2010 - (losing Daie: May 31,
Discover More Card Account Summary Account number ending in 7719
Previous Balance $15,172.15
Payments And Credih 15,172.15
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
France Charges + 0.00
Other Foos t + 0.00
Now Balance V.00
See Finance Charge Summary section blowing transactions
for detailed APR information
Credit Line $13,500.00
rodtt-UrwAvad------------------------- $0.00
Cash Advance Credit line $6,900.00
Cosh Advance Credit Line Avaiksbb $0.00
t See transaction detail for a description of any fees charged.
CaAback Borwse Anniversary Month
November
Opening Cashback Bonus Balance $ 0.00
New Cashtback Bonus This Period + 0.00
cashbook Bonus Bela $ 0.00
To Marv man, log in at www.06cww.com and select Itewards
Yu l u page I or I
Payment Information
New Balance $0.00
Minimum Payment Due $2,571.00
Payment Due Date June 26, 2010
Lab Paynm* Warning: If we do not receive your minimum
payment by the dab listed above, you may have to pay a lab
foe of up to $39.00 and your purchase APRs for new
transactions may be increased up to the Default APR of
22.49% variable.
Manage Your Account Online at www.Discww.com
Securely access statements and free online tools, pay bills
online and hack and view aN transactions simply and easily
Make your money worth morew-find easy ways to earn
----- and redeem cash rewards------------ ----------
NEWI Access your account securely through your
mobile phone
3 Easy Ways to Contact Us
1. Access your account securely d www.D6mvor.com
2. Call 1-8004DISCOVER (1-800.347.2683
Please have your Discover* card available.
3 Write to us at Discover PO Box 30943,
Salt Lake City, UT 84150
For TDD (Telecommunicadions Device for the Deal)
assistance, please call 1.800.347.7449.
Transactions
Trans.
Dab o
payment and 6odk May 31 May 31 INTERNAL CHARGE-OFF $ -15,172.15
Financ------e -- CFic----e--S- umma-------ry ----
r+g -------------- ------------- ------------ ------------------
Nominal Other
Avewge
Doil Daily
Periodic ?u
pf3CE4T/KiE
PERCENTAGE
y
current billing period: 13 days Balds Rates RATES RATES
prwdsaees $0 0.04792% 17.49% V 17.49% $0 $0
SOUGces $0 0.06573% 23.99% V 23.99% $0 $0
V - Variable Rate
-
See reverse side. DISCOVER
------- ---------------------...-----------qPmPW4- ---------
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Cady RePerYrnp We may repel ntormalim about your AomM to each kuera. Late peymerha, maned paymwna. or other debubb on your Acoard may be reYCad in yoor coach
report Not o ardy report the elan and payment history of yot rAcoocaht to act tepatsl4 aganwlea each moilh. I you baleve mat our repel a anaocinle or ramplele, pane who
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the grace period, no Peradk France Chugs apply to the balance in a
of the
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Fa TDD (TebcenwArkal a Dwfoa for 1fw Deaf) mMwm, pbm p1141WS47.7441.
Discover may m*V& ardor record isms rw calls, between you and Discover represeMakws tor qualy swrance puposes
02010 The Okmvw* card is issued by Discover Bank, Member FDIC MOM
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# 8471601
Thomas J. Kleman
6011002990177719
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
ALED-?' ? CE
?JF
sz? _9
Richard W Stewart
Solicitor
coutm
?LV
Discover Bank
Case Number
vs.
Thomas J. Kleman 2010-5523
SHERIFF'S RETURN OF SERVICE
09/03/2010 06:18 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on
September 3, 2010 at 1818 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Thomas J. Kleman, by making known unto himself personally, at 912
Willcliff Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same
time handing to him personally the said true and correct copy of the same.
STEPHEN BENDER, DEPUTY
SHERIFF COST: $37.00
September 07, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
(o; Goun ySulte Sheri t, T-eleoso't, Inc-
FILI'D-~}FFICF
F FHc PROT1~~x'O~~I~Y
2DID OC1' 20 P~# 2: t~ ~
I'E~~~~SY!_~/~I~,
IN TH~iCOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAi~itA
~ CNII, DNISION
DISCOVER
Plaintiff No. 10-5523 CNIL TERM
v ; PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
THOMAS J
~s) FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Lyndsay E Rowland, Esquire
PA LD. #205520
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412)434-7955
WWR#8471601 DIS
IN TIDE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DNISION
DISCOVER BANK
Plaintiff
v~~ Civil Action No. 10-5523 CIVIL TERM
THOMAS J
~(s)
TO THE PROTH~
SIR:
Kindl sell.
Y ~I
of the Court and ~~
PRAECIl'E TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
ARY OF Cumberland COUNTY:
discontinue and end without prejudice to refile the above-captioned matter upon the records
the costs paid.
WELTMAI~I,
By:
Lyndsay E R lan ,
PA I.D. #205
WELTMAN, INBE
1400 Koppers uilding
436 Seventh Avenue
Pittsburgh, PA 15219
(412)434-7955
SWORN TO ~
before me this
of ~ ~
ARY
SUBSCRIBED
day
~
"1010
, COMMONWEALTH OF PENNSYLVANIA
Noterlal Seel
____._....._ Wendy l» Gault, Notary Public
City Of Pittsburgh, Allegheny County
My Commitalon Ex~res July 15, 2014
Member. P@ilnsvlvania Assodetlon of Notaries
CO., L.P
& REIS CO., L.P.A.