HomeMy WebLinkAbout11-0075
FI~.ED-OFF(CE
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
KRISTIN J SWINNICH
Defendant
No: ~~r`~.5 ~ ~ l IC~V~
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
08620165 C A Pit CXC
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No
KRISTIN J SWINNICH
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:
KRISTIN J SWINNICH
515 WINDY WAY
NEW CUMBERLND, PA 17070
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX1756 .
4. Defendant made use of said credit card and has a current balance
due of $4885.46 as of August 04, 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
28.9908 per annum on the unpaid balance from August 04, 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 KRISTIN J SWINNICH ,individually in the amount
of $4885.46 with interest at the rate of 28.990°s per annum from August
04, 2010 plus attorneys' fees of $125.00 and costs.
games warmbroat,42524
WEL WEINBERG & REIS CO., L.P.A.
436 S e th Avenue, Suite 1400
Pitts ur h, PA 15219
(412) 4 4-7955
FAX: 4 -338-7130
0862 1 5 C A Pit CXC
This law firm is a debt collector attem~t~ing to collect this debt for
our client and any information obtaine ill be used for that purpose.
New Balance Minimum Payment Due Account Number ending in 1756
DISCOVER so.oo s1,52u.oo Enter Amount Enclosed Bebw
Payment Due Dats $ (~-
August 26, 2010
30 SDSNfiA01 0006963
KRISTIN SWINNICH
515 WINDY WAY
NEW CUMBERLND PA 17070-2854
Address, small or telepFione eharrgeY
Go ro www.Daeowrean or print change in spou show.
Go paperkss and make your account
iniomlaUon mac secure wigl paslwrord-
arotected ste~ents any you can access.
earn nare at discovercotNpaperiess.
PO BOX 6103 i~~nt~~nus~~s~~ns~ur~~
CAROL STREAM IL 60197-6103
~ri~u~~nuu~~lrlu~ur~r~~unr~~~~unt~~r~~uur~~u~u~~
0000019864585798?0458000000000000000152000
oP.nFt1g Dal.: ,wy 2s, solo - Cbsing Dab: July 30,
Discover Moro Card Account Summary
Account number ending in 1756
Previous Baktnee 67,294 30
Payments And Crodits - 7,294.30
Purchases + 0.00
Bdance Tmnsbn + 0.00
Cash Advances + 000
Interest Chased + 0.00
foss Charged + 0.00
New 60.00
s« Interest chars. cakulolion section FoNowing
tranaoctions For dNailed APR information
Credit line 56,000.00
CredN line AvoiktNe 50,00
Cash Advance Credit lir» 53,000.00
Cash Advance Credit line Awilable 60.00
C BOn'ne
Anniversarylvlortllr
December
Opening Cashbook Bonus Balance 5 0.00
New Codrback Bonus This Period + 0.00
Caslrbeck Bonus Bdenw 5 0.00
To ktarn more, b9 b al wrrwAisoowr.cem
solo
Payment Information
New Balance 60.00
Minimum Payment Due S 1,520.00
Payment Due Date August 26, 2010
lab Paynrtwrl Wamirg: If we do rat receive your minimum
payment by the date listed above, you may haw ro pay a krte
Fee of up ro 139.00 a,d your purchase APRs For new
tronsaeNons may be increased up ro dre F'enaly APR of
29.99'Xa variable.
Manage Your Aaoamt Online at www.Disoowr.oom
• Securely «eess statements orrd free online took, pay bills
online and track and view aB transactions aanply and easily
• Make your money worth mono-find easy ways ro aam
and redeem cash rewards .
• NEWT Aeeeu your account securely through your
mobile phone
3 Easy Ways to Contact Us
t . Aocas your «cowrt securely a www.Daeoveream
2. CaN 1-800-DISCOVER (1-800.347-2683
PFtws. haw your Discovery card awilob~.
3. Write ro ua of Dixowr, f'O Box 30943,
Sak ldce Cily, UT 84130
For TDD (fekxommunications Dwiu For 1M DeaQ
assistance, please cdl 1-800.347-7449.
Transctcfions
rr+am. Pow
oeb Dab
PaynwrMe and Ciedis 1ul 31 Jul 31 INTERNAL CHARGE-OFF ~
(ws TCtTAI FEES FOR THIS PEf10D S 0.00
irferest draryed TOTAL M7#,ST FOt THIS PERIOD 5 0.00
2010 Totals Yaarto-D~
TOTAI FEES CHARGED IN 2010 S 312.00
TOTAL INTEREST CHARGED IN 2010 1,104.19
I~hcn°9ie Cakulation
Your Annual Percenroge Rah (,4PR~ is the annual interest rah on your «counf.
a9 ~ ~ ~~ W E~EST RASt EIECT TO
Currwrf Bi' Period: 3 R~IT~EST CHARGE
Prrrdseses 28.99 SO SO
Cash Adwsrces 28.9996 SO SO
V .Variable Rate
Additiard knpwiaN irkenwNon
Important information. Behan is man than orN PaB~ ro Ihis btllirg +, ram tM back of each page for addMiorwl important information
CoMirnred on reverse side. ^ C~1/ER
See your Cardmember Agreement. Yaw Cardmembsr Agreement contains all the terms of your Account
lost or stolen fords. Report immediorolyl GoM 1-800-347-2683.
Wlaaf To Do HYou Think You fled A Mfsferke On Yow SteMmem
IF you Think there is an evor on your statement, vino b us o1 Dixowr, PO Box 30421, Soh take Gity, UT 8 4 1 30042 1
In your oiler, give us the following information
Ac<ouM uiformafronr Your name and account number
Dolor amauM~ The dollar amount of the wspacbd error
Descnprion of Problem: IF you dsmk dsere is an error on your bill, dsxnbe what you beliws is wrong and why you baliwa it is a misbke
You must coot«t us within 60 days oher the error appeared on your sbbmant
You must notify us of any pobntial errors in writing You may call us, but rF you do we are not required b (nvsstigab any paeMid errors and you may have b
pay the amount in question
While ws rnwshgao whadser or not there hoz bean an error, the folbwirg aro hue
We canna trY b cdlect rite amount in gwstion, or report you as delirsquant on That amount
Tha charge m uestion may remain on your sbtement, and we may continue ro charge you intereu on that amount But, 7 we rleormins that via made a
mistake, you will not haw to pay rise amoum m question or any interest or other fees related ro that amount
While you do not have to pay the amount in queston, you are responsible for des remainder of your balance
We con apply any unpaid amount against your credit limn
Year Rights K Yeti Are DisaethAed M/ttlt Your CraiA Cesd Pweheaes
if you are dissotisfiad with the goods or services that you have purchased wide your credit card, and you haw hied in good faith b correct des
problem with the merchant, you may haw the ngM not b pay the remaning amount dsre on des purclsa»
To use skis rghr, all of the fo8owing must be true
I The purchax must haw bean made in your home stab or within 100 miles d your current marling address, and she purcha» price must haw
bean more than s50 INWe: NeilMr of 1ha» are necessary if your pureha» was based on an odver8sement ws matted ro you , or iT we own
the company that sold you rise goods or »rvi<as j
2 'You must have used yaw credo card for die purchase Purcha»s needs wish cosh advances from an ATM or with a check deal aces»a your
credo card «couM do not qualify
3 You must not yet haw fully paid For the purchase
tF all of die crikrio above are mN and you are shYl des»tisfled wills the purchase, conbcl us in wntrrg al' Dixover, PO Box 30945,
Salt lake Ciy, UT 841300945
While we mveshgak, she same rules apply b the disputed amount os dixuasad abpw Ahar ws Bnish ow inwstigatbn, vra will kll you our
decision At that pdn6 l via dskk you owe an amount and you do na pay we may report you as delinquent
Poyrnents. Send only your payment and the top portion d the sroroment m the envskpe provided Do red sand cosh By xrdm~ your check oa dncribed
above, you aulhonu us ro u» rnformatwn on your check ro make an slr_honic fund Transfer from yaw «caum at the Bnancwl msmwion indicabd on your
check or ro pr«ess ilia payment as a check hen»ction If payment a pr«esued as an alechonsc lured transfer, the hander will bs for the amount of rise ch«k
When vro u» information ffrrom your check b make an electronic fund Iranaler, hrnds may be wsddrown from your account as soon as the some day we receive
your payment, and you will na receive your check back from yaw financial inshtrstbn
The pr«assing of your payment may ba delayed iF you send cash, correspondents or attest toms wills your payment, if yyoou sand the payment b any other
addross or if you u» an amalope aher Than ties one provided fraymants recarvad in proper form a ow «sssing foeBty by SPM heal Moe on any day will
be credibd ro your A«ounl as of ilia day Payments recewad at our pr«essing factihy oher SPM bcai time wBl ba crodibd to your Account az of rise s»xt
day d you have misplaced yaw envelope, xrxl your paymeist ro Discover, PO Box b 103, Card Stream, Il ri0197b 103 Plao» allow 7-10 days (or delivery
If your payment a reNrned unpaid, we reserve the right ro resubmit it as an elechonic debh
You can pay yaw m~ntmum payment or a graabr amount over dsa blephom, and you con set up aubrrwlic payments Gall us a 1A06347~2683 You will
need dsis sbkment and your book account information You mull ensure that sulhclent Funds ore ovalabls rn your bank «count, and aN lions«dons must
comply with U S law You will bs asked b provide the first 5 digits of your otcount stabment ZIP code By snoring Thou numbers as yaw elechonic
ugrsakrs, you viol ba agreeing b thu audrorimtion b allow us and your bank b dad«t a«h paym~~t you audswtxe from your bank «count, and b initiao
debit or credit cornet to your bank account, az applicable, b correct an error in the pr«assing of s«h paysneM You must oU us IM amount of a«h payment
or you con select an amount such as the Minimum Payment Due or the New Baance on such slobmsnt You can cancel a payment, however we mwt receive
notice at least three busineu days in advance d the scheduled payment Vou nsay notify us by phone ai 1.806347.2683 or by mail at the ostdrou listed in dsa
prwious paragraph If your paymenh vary in amount, we wiR bll you on a«h mondsly sobmmt wfsen your payment viol be mode and how m«h B will be
Your aulonsahc payment amount may Ix less Than indicated on the mondsly srobment lsoaad on eredih or payments applrsd during the bdhrsg cycle
Credit Reporting. We may report information above your Account b cred'N bwwus lab payments, mated paymeMS, or adser dsFauhs on your Account
map be reflected in your uedd report Ws normally report des shins and payment hisbry of your Account b credit repoMrs~ agsntlea each month Ifyou
bekew ilia our report is inaccurate or incomplete, ppleax wrha us at the folbwtng oddresa Discover. PO Box 15316, Wilmingbn, DE 196565316 Plsose
indicab your name, address, home rolephona number and Account number ..
Paying IM~rest: We begin to impose Interest Charges on a8 trans«tbns from the Trans«tion Dao For des transaction shown on your bilkng alotement,
unless o hansactwn is posted to your Account aher the clo» d the billing perod in which It «turz, m which ca» we begin b impose fnbroat charges on that
trap»dion from the first day of the billing period in which n u posted b your Account We coMfnrre b impo» Irsorest Charges ursW rise dab you pay your
enure New Balance shown on your bdlrng statement by making poymsnn or receiving cradm d you pad ties New Balance on your prwsous oiling sbbrssant
by the Pa err Dw Dab shown on IFsat lsillirg alaroment, we w'dl not impo» Inkrest Charges on reeve purcha»s, that ia, pwcha»s first apppesaaring on the
current billing srobment, or any portion of a new purcho», paid by rise Payment Dw Dab on yaw currant hiBirg slobmant We tali tMs IM'gr«e rod " h
is not bss Than 25 days There is no grace perbd on balance aonshrs or rash advances As more hrBy dexnbsd in the section d yyoouur Cardmsmber~
Agreement tided 'How We Apply Payments,' vro generally apply pvymenh b sir Ateount bmsd on rise APR applicable b rise fsolonw d e«h bans«Non
caogory Thu means dwt d you do not pay the Naw Balance on rise curtain lulling stabmeM by rise Payment Dw Dab shown on that billing slatemen6 risers,
depending on the amount of your payment and the APRs an other balances, you may not get a grace period on new purcha»s.
Minimum (merest Charge We veil charge you a minimum Inbrsst Charge of s 50 for any billing period m which Inbrast Ctsargss al lea: deans 50
would odserwi» 6e smposed
Annual fee. IF your Account has an annual Fae, h will be billed at the bpinning d a«h anniwrxrryy year your Account is open The amount of the fas
appear on the srooment when Me Fae a billed The annual Fes is not refundable unb» you notify us That you wish b cka» your Account within 30 days of the
mailing or delivery dab of des slalament on which rise fee is billed You will receive This refund even l you ens yaw Card during Ilsal period
How W~ Cakulate Imerest Charges -Daily Balance Method (induding curr.m trertsacliorn~: We figws Intsroo Charges for oath bilking
penod To do Thu
We cakubN your Inrorest Charges »parorohy for each balance subject ro dlFerent arms (For example, sondard ppuurchases, sbndard rash
advances and each purcho», bob«e transFsr and cash advance Iwlance subject ro promotional Terms) We relit b Ihs» balaxss as
transaction cakgories
We figure rise "doily baksnce" for each Mons«tion category To ggel the "daily balance' we rake the beginnirsg bobnn for each day, odd airy
new Iransaclions and fees and any Inbrest Chagges accrued on the previous daayyh daily babnee We Then subh«t any eredRs and paymenu orsd
make other adjushaenls jineluding tho» adiushsronh required in rise section tided "Paysng Mserast`) In eakubdng rise duly hoboes for des first
day of the bilbrg period, we consider dw "previous day's daily bdanee" b have been your balance on the last day of your prwious bdlrng
peiod This gives us rise daily balance for each transactwn eabgory f
We figure the Inkrest Chorge> on your Ac<ouM by muhiplying the daily balance Fer a«h bans«tion category by its daily periodic mN, for each
day in the bilLng period
TM tarot Imerest Charges for Tha billing period era rise sum of the daily Inbrest Clsorgss br each trans«lion category fw a«h day dunng d»t
billing period
Wfssn ws cokulase dmlyy balances, we add o new Mans«lion as d tM Trans«tian Dao shown on your bilkng sbkment, unless the hansoction is poabd to
yyoour Account aher the clo» of die holing period in which R «curs, m whkh co» the Man»ctwn will be artrlad to the duly bdonce os d the first day d 1M
biNmg period m which it is posted to yaw Account All fees charged b your Account are added ro des standard purcha» Mons«tion caogory wills d»
exception d Coati Adwnce Fees which an added b the opplicabls cash advance hansaction category and Bob«e Transfer Fess which aro addrsrl b the
applieotsle balance vender tranwchon category
F~+~i~ey Fa: 2";, of Me U S dollar amount d each purcha» made in a Foreign currency
Penally APRs: Each time yeti fail b mob a payment when dw, ws may, in accordanu wish applicable low, lit Mmtrsoro rise availabtlsly of any
inhod«bry/promotional APRs on new trans«dons, and (u- increase ywr APRs for new hassactions ro vaiable PenaNy APRs which vriR bs dsormirsed by oddbg
up b on additional 5 percenlags poems ro the otherwise applicable APR Your Psrsalty APR is dsbrmired based on yaw crsdslwwlFsiness and otM f«brs wch
as your currant APRs, and your «count hisbry R your APRs for new honsactions ors increased For a lab payment, the Pe,idy APRs will apply irrrleBnitsly
For TDD (Telecommunications Device fsx Ihs Dell( assislanee, please cob 1-800-347-7449.
Dixover may monitor and/ar record rolephone calls between you and Discover repressnbtiws for quaky auuronea pwposss.
The Drscoverm cord is issued by Dsscowr Bank, Member FDK O I TBK 172
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# 8620165
Kristin J. Swinnich
6011002450741756
FIL%U-0FF1
;- T 14E RRCTH0N11iTA
201 1 JUL 20 PPS 12:
CUMBERLAND CO
WEINBERG & REIS CO.,RLEONA$YLdx' NIA
WELTMAN,
BY: Sarah E. Ehasz Attorney for Plaintiff(s)
I.D. No. 86469
436 Seventh Avenue 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
Fax: (412) 338-7130
File # 8620165
DISCOVER BANK
vs.
KRISTIN J SWINNICH
Cumberland County
Court of Common Pleas
No.: 2011-75 CIVIL TERM
PRAECIPE TO DISMISS WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss the above matter without prejudice .
WELTMAN, WEINBERG S CO., L.P.A.
By
Sarah . Ehasz, Esquire
Attorney for Plaintiff