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Home My WebLink About13-0204try; TML r~'(T ~~NO~ Tip ~-, 2Qf3 JAN 1 t p~ 1; t 6 ~U~~FtL~N{~ CQUNi~Y PEhtI~S YtVAN1A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. EDWARD L KENNEDY Defendant No: ~ ~, aoy 1,"~~il COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 30077595 C A Pit SJS ~f2~ a ~ a so IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. Civil Action No EDWARD L KENNEDY 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 (~ ~ N C! ~ 4? ~~ ~ ~; ~~ ~ ~~ ~ ~ .~... ~~ ~ ~~_ ~~{"} ~~ .• ^ ~ _ ~ .~^~ COMPLAINT 1. Plaintiff, Discover Bank, is a banking institution organized under the laws of the State of Delaware and maintains a business address of 12 Reads Way, New Castle, DE 19720. 2. DB Servicing Corporation is the servicing affiliate for Discover Bank, f/k/a Greenwood Trust Company, an FDIC-insured Delaware State bank. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including, business management services in support of Discover Bank business lines, including, among other things, credit cards, deposits, personal loans and student loans, customer service, collections, credit risk, collection of delinquent accounts and other support services. The collection of delinquent accounts includes the right to forward the account to the attorneys and/or collection agencies for collection and to file suit on Discover Bank's behalf. 3. At all times pertinent hereto, DB Servicing Corporation is the servicing affiliate for Discover Bank, in reference to Defendant account, which is the subject of this litigation. 4. Defendant is adult individual(s) residing at 1873 HOLLY PIKE CARLISLE, PA 17015 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2822_ 6. Defendant made use of said credit card and has a current balance due of $8878.61. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1". 7. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 8. Although repeately requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due the Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant, EDWARD L KENNEDY, INDIVIDUALLY, in the amount of $8878.61 with interest at the statutory rate of 6.00 % per annum from date of judgment and costs. 1/~ ~~ - ~`- Wi iam T. o cz ,47437 WELTMAN, WEINBE & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 ~# 30077595 C A Pit SJS 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. DISCOVER ssNO ~ °'°"Ce 31 SDSNt3A01 0007729 EDWARD L KENNEDY 1873 HOLLY PIKE CARLISLE PA 17015-9118 Text APP ro DISCOV' to receive a 1i11k ro our tree ~~ ePP ~ PaY your do in seconds lrom arlywherel PO BOX 6103 lllsssllsssssl~ssssllsl~arl CAROL STREAM IL 60197-6103 Address, email ortelephorw change? ~ ~~ ~) nnr~llr~u~ur~r~~uur~~~lnnr~~r~~nnr~~n~nl~ Go to www.Discovercom or print change in space above. r ~ r r 000001986458804512594000000000000000156800 ~E~~ vpenmg DoN: f7dolser 7, QUIZ - Cbsing DaN: Odd Discover More Card Account Summary Account number ending in 2822 Previous Balance 58,878.61 Paymerrls And Credits 8,878.61 Purchases + 0.00 Balance TronsFers + 0.00 Cosh Advances + 0.00 fees Charged + 0.00 Interest Charged + 0.00 Nsw B e .00 see Interest charge CulculaBon section rdlowing hansadiona For derailed APR information Credit line 67,600.00 Credit Line Available 60,00 Cosh Advance Credit line 66,900.00 Cash Advance Credit Lins Available 60.00 """'•-""" ""'•"' Anniversary Month July Opening Cashback Bonus Balance 6 0.00 Nsw Cashback Bonus This Period + 0.00 Ceshback Baru: tilalance 6 0.00 io Iwrn more, io8 in ar www.Disoowr.com I ~.-~ ter 31, 2012 ~^-~'~°` Payment Information N.w Baance so.oo Minimum Payment Dus 61,568.00 Payment Dw Dots November 26, 2012 Lals Payment Woming: If we do not »csiw your minimum payment by drs daro listed above, you may haw ro pay a ksle fw of up l0 635.00 and your purchase and baksnp transfer APRs For new transactions may be ineroased up ro the Penaky APR of 23.24% variads. Manage Your Aoi:ount Online at www.Discowrcom Securely acc.ss starem.nis and frw onlira tools, pay bins online and hack and view aN transaction: simply and easily ~k~y~r money~mon~-find easy ways ro cam NEWT Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1 Aeeess your account securely d www.Discowr.com 2. Cdl 1-800.DISCOVER (1-80Q347.2683)). Please how your Discovers cord available. 3. Write ro us at Dixowr PO Box 30943, Sole Lake Ciy, lR 841 r30 (Nd o payment address) For poymerds, send ro address on rernittanu or Discover; PO 6103, Card Sheam, k 60197.6103 For TDD (Telewmmunicafions Dwice for the DeaF) assistance, please can 1-80Q347-7449. Tronsoctions ~s. PD°'i. Paynrenb and Credits Oct 31 Oct 31 INTERNAL CHARGE-OFF 6 -8,878.61 Fees TOTAL FEES FOR THIS PERIOD 6 0.00 Interest Charged TOTAL IIiTERESi FOR THIS PERIOD S 0.00 2012 Totals Year-to-Date TOTAL FEES CHARGED IN 2012 TOTAL INTEREST CHARGED IN 2012 30077595 Minimum Payment Due Account Number ending in 2822 51,568.00 Enter Amount Enckased Below Payment Due Dole ~ ~ ~I Novwnlser 26, 2012 753.65 1,515.22 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION D' R t r Paperless statement Easily access up to 24 months of d • See your statement as soon as • Get helpful payment reminders • Print a poper copy of your slat • Sign up today of Discovercom, i 02010 Distovar Bonk. M1Mmkxr FDIC I less clutter, more convenience e, password protected staNements. rather than woit for it to arrive in your mailbox. sail or text messages on your mobile phone. pAPER.OJ 10 O Z 01 D o_ 0 N t0 N X 30077595 QueSfi011S? Visit www.D' .aom or D'~~E~ rnH 1-800-f)ISC(~VFR 11.800-3 -268 r DISCOVER i'P°t'sb EDWARI)LKENNEDY ~~Y~. ~ Account number ending in 2822 page 2 of 2 Interest Charge Cakulation Your Annual Percentage Rate )APR) is fhe annual interest rate on your account. CunreM b~irrg Period: 25 days TYPE OF 6ALANCE ~~ ~HI:C~ITAGE ~~ EGT TO RJ~ftEST CFWtGE Purchases 18.24% V SO SO Curti Advances 23.99% V SO SO V =Variable Rate Additional knporlart InFamaliar Se. your Cardrrrember Agreerrrerrt. Your Cardmember Agreement contains all the terms of yaw Account. Lod ar stolen cads. Report immediotelyl CaN 1-600.347-2683. YV6af To Do If Yew i}n&rk You i7nd A Midak~ Ctn Your SMisnranl lF you Think Hrero is an error on yaw sbbment, write ro us at: Dixowr, PO Box 30421 Sak Laks City, UT 84 1 34042 1 In your ketter, give us the fdkswmg information: Account information: Your name and account number Dolhr amounF. The doNar amount of the suspected error xridion of Problem: IF you think thsro is on error on your biN, dexribe whaF you believe is wrong and why you believe ~s a mii~a:Te. - You mud contact us within 60 days elect tM error appeared on your statement. You must notify us of any potential errors in d .You may call us, but if you do we are not roquired ro investigate any potential errors and you may haw ro pay t e amount in gwsiion. While wa investigate whether or not thsro has been an errs, the fdbwing aro hue: Ws canna hY ro cored fhe amours in question, or report you as delingrrsnt on that amount. The charge in q~}~ may amain on your afafemsnt, and wi may continue to charge you interest on Ihot amount. Buf, iF ws determine tF~at we made a m intake, you wiN nd haw to pay 1Fw amount in question or any interest or other fees rektted ro that amount. While you do rat haw b pay Hw amount in question, are rosponsibls For the romainder of your balance. We can apply arty unpaid amount against your credit imit. Your Rioht'e ff You An DiuatlisfEad M/illr Your Crodi- Card Punehasee If you aro dissatisfied with tl» goods or services that you haw purchased with your crodit rnrd, and you how fried in good faith ro correct Hre problem with the merchant, you may have the right not ro pay the romainrng amount sus on Hw purchase. To use this right, aN of the fdbwing must be true: 1 Ths purchase must haw been made in your home state or within 100 miles of your current mailing address, and the purchoas pries must haw been rnoro than s50. Note: Neither of these aro necessary if your purchase was based on an adwrtiaement vn mailed ro you or if ws own fhe comparry Hat sold you the goods or services.) 2. You must haw used your credit card far the Purchase. Purchaxs made with cosh advances From an ATM or with a check that accesses your credit card account do not qualify. 3. You must rat yet haw fully paid For the purchoso. If all of the criteria above aro meF and yar aro still dissatisfied with tiro purchase, contact us it writing at: Dixovsr, PO Box 30945, Sak lake Ci yf , UT 84130-0945 While we imenfigate, the some rules apply ro Hre disputed amount as dixussed above. Aker ws finish our investigation, we will tea you our decision. Af Hxst point, if we Think you owe an amount and you do not pay ws may roport you as delinquent. Payments. You may y aN or part of yaw Account baksnce at any time. However, you must pay m krost the Minimum Payment Due by H,. f~iyment Due Gate. Send only y~r payment and H.. top portion of this statement in the enwbpe provides. Do not send cash. Byy sending yaw check as dsxribsd above, you auNrorize us fo use informatan on yaw check to make an ekrclronic fund hansTer from your account al the financial insHlulion indicated on your check or ro process Ha pay~e~t as a check transaction. If payment rs processed as an elsehonic fund hansfer N-e transfer wiN !» for the amount of ihi check. When vw use infatuation from your chock to make an skeetronie fund trons~er, (ands may be withdrawn From your account as soon os the same soy we receive your payment, and you wiq not receive your check bock from your financial instifiilion. The processing of your payment maybe deksyed iF you send cash, correspondence or other items with your payment, if yvu send the poyrnent fo o~ry steer address or if ycw ass an envelope other Than the one provided. Paymsrits recaved m proper farm aF ow prooasing facility by 5PM local time on any d veal bs credited ro your Account as of that day Payments received at our procsssrng fauh elect 5PM kcal time will credited to d~oauur Account os of the rw~d day. If you haw mispkseed your envelope, send your payment ro Dixowr, f'O Box 6103 Carol Sheam, IL 60197.6103. FMeaae allow 7~ 10 days for dshwry. IF your payment ~s resumed unpaid, ws reserve the rig~it to resubmit it as an electronic debit. 30077595 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION D) You can ~y your monthly Minimum Poyn over the ~M or you can setup oaten 1.804347--2683. A die payments w date N. tM 15th do of the month) that weekend or barrk hdidyay yaw payment ~ ro schedule monthly poymints h asked ro pprroovide M» hest four (4~di its of ycxa eksctronic signafuro, you will bs ago authorize, in the amount sekscted by you, yaw bank «count, as cable ro cam payment by phone at 1 347•t2683 a must roceiw rrotke aF least tFuee business we will tell you on each mordhly biNirrg sla that suRicient funds ors available in your k I Due, a greahr amount that does ref esa:esd your current Account balance, s: through a customer service reprwentatiw by calving . >• on the Payment Dw Date unless you roquest a recumng payment tars your Payment Due DaM. R scheduled payment dale tuts on a be tM busmen day for b 8re weekend or bank hdiday. In order roar need Ihis statement and~your honk account inFormafion. You wiN br social city number of the primary krorrovwr. By providing those numbers os di b ih authorization ro ogow us and your book ro deduct a«h poymerd you T your nk «counf. You also authorize us fo initiaN debit or credit entries to an in the pr«euing of such payment. You con cancel a scheduled mail Discover, PO Box 30421 Salt Lake Ciy, UT 84130A421 however ws ys in ce of the achsduksd payment. If your payments may vary in amount, sent your payment wiN bs made and how much it will be. You must snwre k ,and all tronsactions must comply with U.S. law. You can set automatic payments For• (i) Balance, (ii) stafomor-f Minimum Payment Due, (iii) statement Minimum Payment Dus plus a fixed ddlar amount, , (iv) o dollar amount. If your scheduled fixed payment rs not enough ro cover the Minimum ayment Due os listed on kMginngg s~ta~tement, your scMdiled poyrnenf For that month will be increased ro cover the Minimum Payment . If scheduled payment is safer Than flee Minimum Payment Due, any exceu wiq be led in acwrdance wills her Agreement. IF your sa4rodilod payment is greater than the New Balance on yaw' billing stafaneni, Nwi wiN «esued only for the amount of your New Balance. Your auromafie iwyment amount maybe less Ilwn the am i on IFrs periodic statement kros.d on cndih or paymanb after IM Closing DaM. If you enrdl by phone in our ouromafic poyrrsersF far your records. l Amount: ^ full Pay ^ Min Pay Bank Routing CredA We may report informal other dsfaulfs on ywx Account may be rsl your Account ro credit reporting agencies us at the fdkswirg address: Discover, PO home teksplsone number and Account num P rHorusf: Ws beain to impose first daily once. We c nw to impose int infwssf on Purchases as described below. Advances. will not impose irrtweat charges on new P current bills g statement. New Purchases u you oo na pay your rww aaance m n you may not get a gr+«s period on new I Hew W~ CaleulaM iasresf Chagos Del e«h billing period by first figuring tM d standard Purehasss, standard Cash Adw How Wi Figwe d» Daly Balance for her We start with fps inning bale your bahnce on Mee st day of)^ Ws add any interost charges ace add any reeve hansoehona or Fees which the honsacFion or Fes posh We sulshact any new credits and We make oMrsr adjustments (inch How We figwe Year Total Fisloresi Ches3 tee, please fiU•in the folbwing plonks below and retain the authorization Min Pay + S ^ Fixed Pays , Account #: .Frequency: your Aeeount ro credit buroaus. IoM poymenh, missed payments, or ow crodit ropor~. We rrorrrsaNy nsporf the :talus and payment history of h. If you believe that our report a m«curats or incompk~ts, Pleosrwrite 6, Wilmington, DE 198548316. Pksase indicate your name, address, on a transaction Fes or inFend charge from the day we add if to M» os until you pay IEis rotal amount you owe us. You con avoid paying you cannot avoid paying inlereef on Baksnce Transfer ar Casts errs ement by the Payment Dus DaM shown on that billing sfalemeM, ws chases airy prtion of a new Purchase, paid by Mee Payment Dus Date on your ro that first appear on the eumrrf biNing staMment. tact n, depending on 1Fie baksncs ro which we apply your payment, rdsoses. itlAellred (irekrdisg esrrwMlrassediensl: We eakuksh interest charges ti 'For s«h Transaction Category. Tronsacfion Catssggaories include ~ and ffsrent promotional balances, such as Balance Transhrs. T CaMgory s Fa The beginning boksncs far the first day of the billing period is r billing period. od an prwious day's daily balance assd airy new transactions and Fess. We s of Mrs of the Twnsaction Dale or Mw First day of the billing period in b yaw aunt. kg ~ adjushnents required in the'Payirsg Interest" section). Ws mukiply the daily bdonee Far Tre the biNing period. T is gives us iNeree we divide the APR that applies b Trap Ws odd up all the daily interest ryes. How W~ ischrds Bees We add Bdance Transfer Fsss ro the T~B Fees ro the applicabb Cash Advance Transaction Cetogory. Balessn Subject M Interest Rant. You sl fransaction category. Ths Balance S b Into period. Crodit lalarsns. If yaw Account has a bola A credit balance is money Mraf is owed ~Yr open. We will send you a rotund of airy n requved by applicable law. Fer Tf~ LeFeeemrmmieatiorss Davin ~Dse~ D3~a07 ma5y95 itor and/w roeord a purposes. The Discovermcard is issued by Diuover , M !~ ction Category by its doily~~ crate. Ws do this for such day in urges For each Transaction `•a~s8O1Y. To get a daily periodic role, ion Category by 365. wm is the total interest char'9's For the billing period. scs Tronsfs- Transaction Cry We add Cash Advance :gory. We add aN oMrsr Fees-fo Ase standard Purchase s a Bakmce Subject ro Interest Rah. It shows this for a«h tats is Nss average of the daily balances during the billing Ihs amount is shown on the front of r billing statement. lay make dhargss against Mds amount iF your Account is stance of S 1.00 or more afMsr 6 months, or as otherwise pF.os. <aN 1-800347-7449. between you and Discover npresontotiws for qualify assurance fDIC RZNFEOOI Questions. vlslf wwM-. • or DISCiVER call 1.800-DISCOVER I1 800-3J17-268 1, VERIFICATION ~~,~' f~ /~'~° J ~ Y'/' Legal Placement Account Manager (Name) (Title) of DB Servicing~Co poration, servicing affiliate of Discover Bank, (Company) does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities states, that he/she is a duly authorized representative of plaintiff herein and authorized to make this verification, and that the facts sets forth in the foregoing Complaint are true and accurate to the best of his/her knowledge and information and that he/she is personally familiar with the account and the relationship between Discover Bank and DB Servicing Corporation. That Discover Bank, f/k/a Greenwood Trust Company, is aFDIC-insured Delaware State bank, and its servicing affiliate DB Servicing Corporation, extends credit through issuance of the Discover Card. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including business management services in support of Discover Bank business lines, including, among other things, credit cards, deposits, personal loans and student loans, customer service, collections, credit risk, collection of delinquent accounts and other support services. The collection of delinquent accounts includes the right to forward the same to the attorneys and/or collection agencies for collection and to file suit on Discover Bank's behalf. Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Services. Date ~~~ , o~ ~ 0/~ ~'U~ ~ (Signature) EDWARD L KENNEDY XXXXXXXXXXXX2822 DB Servicing Corporation serving affiliate for Discover Bank PO Box 3025 New Albany, OH 43054 WWR# 30077595 C A Pit SJS Mco ri > C:) 7' < Ts i'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK,THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff No. 13-204 CIVIL VS. AMENDED COMPLAINT IN CIVIL ACTION EDWARD L KENNEDY Defendant(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T MoIczan,Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 WWR#30077595 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff vs. Civil Action No. 13-204 CIVIL EDWARD L KENNEDY Defendant(s) AMENDED 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENICES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 AMENDED COMPLAINT 1. Plaintiff, Discover Bank, is a banking institution organized under the laws of the State of Delaware and maintains a business address of 12 Reads Way,New Castle, DE 19720. 2. DB Servicing Corporation is the servicing affiliate for Discover Bank, f/k/a Greenwood Trust Company, an FDIC-insured Delaware State Bank. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including business management services in support of Discover Bank business lines, including, among other things, credit cards, deposits, personal loans, and student loans, customer service, collections, credit risk, collection of delinquent accounts and other support services. The collection of delinquent accounts includes the right to forward the account to the attorneys and/or collection agencies for collection and to file suit on Discover Bank's behalf. 3. At all times pertinent hereto, DB Servicing Corporation is the servicing affiliate for Discover Bank, in reference to Defendants account, which is the subject of this litigation. 4. Defendant is adult individuals residing at 1873 Holly Pike, Carlisle, PA 17015. 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2822. 6. Defendant made use of said credit card. 7. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due the Plaintiff. 9. Pursuant to a recent agreement with the CFPB and FDIC, Discover Bank is amending its Complaint to reflect a credit of$119.97 to the existing charged off account balance. ' w 10. After the application of this credit,the current balance is $8,758.64. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant, Edward L Kennedy, individually, in the amount of$8,758.64 with interest at the statutory rate of 6.00%per annum from date of judgment and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. - �&-/- '/lu�r-- William T Molczan, Aquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#:30077595 IL VERIFICATION I (Name) (Title) of DB Servicing Corporation, servicing affiliate of Discover Bank does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsifications to authorities states,that he/she is a duly authorized representative of plaintiff herein. Additionally, he/she verifies that Discover Bank,f/k/a Greenwood Trust Company, which is an FDIC-insured Delaware state bank, lacks sufficient knowledge or information to verify this amended complaint. He/she verifies that he/she is authorized to make this verification. As an employee of DB Servicing Corporation,he/she has sufficient knowledge and information to make this verification, and consequently verifies that the facts set forth in the foregoing amended complaint are true and correct to the best of his/her knowledge and information and that he/she is personally familiar with the account and the relationship between Discover Bank and DB Servicing Corporation. It is further stated that Discover Bank and DB Servicing Corporation extend credit through issuance of the Discover Card. As the servicing affiliate,DB Servicing Corporation performs a variety of services for Discover Bank,including business management services in support of Discover Bank business lines, including, among other things, credit cards,deposits,personal loans and student loans, customer service, collections,credit risk, collection of delinquent accounts and other support services. The collection of delinquent accounts includes the right to forward the same to the attorneys and/or collection agencies for collection and to file suit on Discover Bank's behalf. Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Services. Date 3 ' g " z°i 3 (Signature) DB Servicing Corporation servicing affiliate For Discover Bank PO Box 3025 New Albany, OH 43054 A CERTIFICATE OF SERVICE I, William T. Molczan, Esquire, hereby certify that a true and correct copy of the Amended Complaint in Civil Action was served on the Defendant by First Class U. S. Mail,postage prepaid, this day of, 2013 addressed as follows: Edward L Kennedy 1873 Holly Pike Carlisle, PA 17015 �/j 17�i William T. Molczan, squire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-79555 WWR: 30077595 C� n � � C ' -- IN THE COURT OF COMMON PLEAS .�3 *'' CUMBERLAND COUNTY, PENNSYLVANIA rnm CIVIL DIVISIONS -; C3 , Discover Bank, Through Its Servicing Agent, DB Servicing Corporation �a -0 C:) Plaintiff -4 vs . Civil Action No. 13-204 CIVIL -� w EDWARD L KENNEDY PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant EDWARD L KENNEDY above named, in the default of an Answer, in the amount of $8758 . 64 computed as follows : Amount claimed in Complaint $8758 . 64 Less payments / adjustments made $0 . 00 Atto'rney' s fees $0 . 00 TOTAL $8758 . 64 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237 . 1 on the dates indicated on the Notices . WELTMAN, WEINBERG & REIS CO. , L.P.A. By: W OJk,- , - illiam T. Mo czan, 4743 30077595 C A Pit SJS Plaintiff ' s address is : c/o WELTMAN, WEINBERG & REIS CO. , L.P.A. , 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 And that the last known address of the Defendant is EDWARD L KENNEDY 1873 HOLLY PIKE CARLISLE, PA 17015 0-m4 �1�, JV(✓(J Q ��# Ala 9 gs3s TVb h.(,k (VOL,lid y ( IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL DIVISION Discover Bank,Through Its Servicing Agent DB Servicing Corporation , Plaintiff Case No. 13-204 CIVIL vs. EDWARD L KENNEDY Defendant IMPORTANT NOTICE TO: i EDWARD L KENNEDY 1873 HOLLY PIKE CARLISLE, PA 17015-9118 Date of Notice: 2 3 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY NOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717)249-3166 WELTMAN,WEINBERG&REIS CO.,L.P.A. Matthew Urban P,A.I.D.#90963 WELTMAN,WEINBERG.& REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 16219 Phone: (412)434-7955 (412)338-7130 30077595 A PIT B41 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff VS. Civil Action No. 13-204 CIVIL EDWARD L KENNEDY NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows : Affiant states that the within Affidavit is made pursuant to and in accordance with the ServicemembersI Civil Relief Act (SCRA) , 50 U.S . C. App. 521. Affiant further states that based upon investigation it is the affiant ' s belief that the Defendant, EDWARD L KENNEDY is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC) , which states that the DMDC does not possess any information indicating that the below individual is in the military service: EDWARD L KENNEDY 1873 HOLLY PIKE CARLISLE, PA 17015 Affiant further states that the averments contained herein are true and correct to the best of Affiant ' s knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C. S .A. Section 4904 relating to unsworn falsification to authorities . AFFIANT II n Department of Defense Manpower Data Center Results as of:May-14-2013 05:25:22 SCRA 3.0 Staw7 Report Pursuant to Sery cememGers Civil Relief Act Last Name: KENNEDY First Name: EDWARD Middle Name: Active Duty Status As Of: May-14-2013 On Active Duty On active Duty status Date Active Duty Start Date Active Duty End Date Status Servile Component NA NA - _ No- NA Ii is response reflects the lndivldubls'active duty status based on the Active Duty Status Date 4� Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA 1 t NA ': ;c:j Nl` ii i ± NA This response reflects Wtrere the Individual left act�e duty status wlthfn 367 days preceding the Active Duty Status Dale The Member or HWHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA ti1NA.`' ;,,. - ,r.s !' •Nri 1'; NA This response reflects whether the Individual or his/her unit has received early notification to report for active duty tea, w Upon searching the data banks of the Department of Defense ManpowerData.Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services{Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard}. This status Includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THiS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. n A e'er Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the Inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: X23FUFODBO96V80 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. Civil Action No. 13-204 CIVIL EDWARD L KENNEDY NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order of Judgment was entered against you on C N ` ,)V(3 (xx) Assumpsit Judgment in the amount of $8758 . 64 plus costs . ( ) Trespass Judgment in the amount of $ plus costs . ( ) If not satisfied within sixty (60) days, your motor vehicle operator' s license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PROTHONOTARY OR DEPUTY EDWARD L KENNEDY 1873 HOLLY PIKE CARLISLE, PA 17015 Plaintiff ' s address is : c/o WELTMAN, WEINBERG & REIS CO. , L.P.A. , 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955