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Home My WebLink About07-4310IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK n '' _ Plaintiff No: vs. CHRISTI L GATES 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 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06003973 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CHRISTI L GATES Defendant Civil Action No b~- ~3~~ ~~ ~L"` 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, 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: CHRISTI L GATES 416 MOUNT ALLEN DR MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002330176520 A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of July 11, 2007 in the amount of $11898.32 . 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $1500.00 8. 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 CHRISTI L GATES ,INDIVIDUALLY in the amount of $11898.32 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1500.00 and costs. Jame Warmbrodt,42524 WEL WEINBERG & REIS CO., L.P.A. 436 Se enth Avenue, Suite 2718 Pi is urgh, PA 15219 ( 12 434-7955 412-338-7130 6 03973 C A Pit WLG 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. New Balance Minimum Payment Due AVER 511,898.32 ~ 51,559.00 CARD Payment Due Date May 5, 2007 06 SOSNtiA01 0009399 CHRISTI GATES 416 MOUNT ALLEN DR MECHANICSBURG PA 17055-6109 Account Number 6011 0023 3017 652C Enter Amount Enclosed Below `z ,~~^~; ( .% Please make check payable to Discover Platinum Card. You are overlimit. Pay the sum of the monthly minimum payment plus the overlimit amount of $1,297.32. Save time and a stamp this month by paying your bill online. To find out about our free and flexible online payment features, visit Discovercard.com/pay PO BOX 15251 ~~~"'~~"'~~""~~"'~"~~ pa WILMINGTON DE 19886-5251 abodve, orgoato Discovercard.corn~Printlyour e-rmailnaddressto ~'u~~~~~u~u~~~u~n~~ni~i~ui~~~~~i~nn~~i~i~~iii~~~i~n~ receive important Account information and special oFFers. 000006011002330176520118983200000000155900 Discover More Card Account Summary Cbsing Date:-Apri) b, 2007 page 1 of 2 Account Number 6011 0023 3017 6520 Previous Balance $11,589.37 Payment Due Date May 5, 2007 Payments And Credits - 0.00 Minimum Payment Due 21,559.00 Purchases + 78.00 Credit Limit $10,601.00 Cash Advances ' + 0.00 Credit Availabb 20.00 Balance Transfers + 0.00 Cash Credit Limit 2.4,100.00 F'irmres Clrerges + 230.95 Cosh Credit Available 20.00 New Bakurce = 211,898.32 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Cashback Bonus' OPeninf3 Cashback Bonus Balance s 0.00 0 00 New Cashback Bonus Earned + . Coshbadk Bonus Balance S 0.00 _ - _ . .. - . - -. _ . _ -$ _ - - ta Redeem Avaiktbk _.0,00- _ Cashback Bonuses Armiversary - - - - - - - - - - _ .. ... _ .. - . _ Date: January 6 Y ? H l W H C For Aceermt tiquir»:,`"rite to "~ °+: ou p e an e ow Discover More Card, PO Box 30943 ;Please have your Diacovsr Card welabls. Soh Lake City, UT 84130 Mamags your °aamt orrlire at Discoverc°rd.can TDD [I'efeconrnunications Device for the Deaf): Customer Service: 1-800-0ISCOVER )1-800.347.2683) For assistance, see reverse side. Transactions $0 Fraud liability Guarantee Use your Discover Card with confidence. ~ D T ~ ate Da te Other/MisceNansous Apr 6 Apr 6 OYERLIMIT FEE $ 39.00 Apr 6 Apr 6 LATE FEE 39.00 Information For You While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we hove chosen nd to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special baance hansfer rate, and applied the standard APR for purchases to your ouhtanding balance of purchases-and balance transfers. However,-we reserve the righ~to irxrease the-APRs on your Accaunt-if you fail.to pay the minimum payment due by the. payment due date. See the Defauh Rate Plan section of the Cardmember Agreement for details. * * * ATTENTION * * * Your account is seriously past due. Payment of the amount due and arangements for future payments should be made immediately. Through generous Cardmembers like you, Discover(R) Card has donated more than 215 million to the Make-A-Wish FoundafionlR). Consider contributing your Cashback Bonus to the MakaA-Wish Foundation to help make a child's dream come hue. To further your donation, Discover will add an additional 20%. Visit www.discoverc d.com or www.wish.org EXHIBIT ~ ,< VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that91e is '~1/l ~ -nYl ,c (Name) Accounts Manager of Discover Financial 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/her knowledge, information and belief. ( ignature) WWR # 6003973 CHRISTI L GATES 6011002330176520 ~~ l C r~ c ~ _' '7 r - r i - r~) r ''7~T ~~ ' ~'-i ) ., , , . ~ ~ ~ f ~ , , "'-~ _ L" ~~~ ~ .a"zP ~`~ . `~ ,,~~ IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, No. 07-4310 Plaintiff, vs. . CHRISTI L. GATES, CIVIL ACTION Defendant. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Christi L. Gates. Dated: August 9, 2007 "1 By: Thomas A. Archer, Esquire Attorney I.D. No. 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 Attorney for Defendant ~ • r CERTIFICATE OF SERVICE I, Thomas A. Archer, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, by depositing the same First Class, postage prepaid, with United States Postal Service, addressed as follows: James C. Warmbrodt, Esquire Weltman, Weinberg & Reis, Co., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 Date: August 9, 2007 By: Thomas A. Archer, Esquire Attorney I.D. No. 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 Attorney for Defendant --'~' : "" ~-t ~ -rf ~ . ~i.t .' s .~... ' ~_ ~ lJ -.'.. _ _~ ~~ ~ ~~ _.rr .~}GJ ~ " t ray /~ ~ ^~. SHERIFF'S RETURN - REGULAR CASE NO: 2007-04310 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS GATES CHRISTI L KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GATES CHRISTI L the DEFENDANT at 1920:00 HOURS, on the 24th day of July 2007 at 416 MOUNT ALLEN DRIVE MECHANICSBURG, PA 17055 by handing to TYLER GATES (SON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.52 Affidavit .00 Surcharge 10.00 00 Sworn and Subscibed to before me this day of , So Answers: R as Kline 07/25/2007 WELTMAN WEINBERG REIS By: ep y S ' f f A.D. Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, No. 07-4310 Plaintiff, vs. CHRISTI L. GATES, CIVIL ACTION Defendant. NOTICE TO PLEAD TO: DISCOVER BANK c/o James C. Warmbrodt, Esquire.. Weltman, Weinberg & Reis, CO., L.P.A. 436 Seventh Avenue, Suite 271E Pittsburgh, PA 15219 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Dated: August 23, 2007 ~,(~ B ~/ Y• Thomas A. Archer, Esquire Attorney I.D. No. 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 Attorney for Defendant Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 1 7 1 1 0-0056 717.233.8676 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, No. 07-4310 Plaintiff, vs. CHRISTI L. GATES, CIVIL ACTION Defendant. DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant, Christi L. Gates, by and through her undersigned counsel, Archer & Archer, P.C., answers Plaintiff's Complaint as follows: 1. Defendant, after reasonable investigation, is without sufficient information to admit the allegations of this paragaph which are accordingly denied. 2. Admitted. 3. Admitted in part; denied in part. It is admitted that Plaintiff issued Defendant a credit card with the stated account number. It is denied that Exhibit "A" to Plaintiff s Complaint is an accurate record of any funds allegedly owed by Defendant to Plaintiff, as Plaintiff has attached no contractual agreement or application between the parties or an itemization of the charges allegedly made by the Defendant on her account. 4. Admitted in part; denied in part. It is admitted that Plaintiff issued Defendant a credit card with the stated account number. It is denied that Exhibit A to w Plaintiff s Complaint is an accurate record of any funds allegedly owed by Defendant to Plaintiff, as Plaintiff has attached no contractual agreement or application between the parties nor an itemization of the charges allegedly made by the Defendant on her account. 5. Denied. The allegations of this paragraph constitute a conclusion of law to which no response is required and is accordingly denied. 6. Denied. Plaintiff's Complaint is in violation of Pennsylvania Rule of Civil Procedure 1019(h) in that it fails to aver whether the alleged agreement between the parties is oral or written and, if written, has failed to attach the writing on which the Plaintiff alleges that agreement is based. Accordingly, Defendant denies the allegation that any alleged agreement between the parties provides that Defendant will pay any attorney's fees. 7. Denied. Plaintiff's Complaint is in violation of Pennsylvania Rule of Civil Procedure 1019(h) in that it fails to aver whether the alleged agreement between the parties is oral or written and, if written, has failed to attach the writing on which the Plaintiff alleges that agreement is based. Accordingly, Defendant denies the allegation that any alleged agreement between the parties provides that Defendant will pay any attorney's fees. By way of further response, Plaintiff alleges no basis for an alleged calculation that it's "attorney's fees will amount up to $1,500.00" and, accordingly such allegation is further denied by the Defendant. Denied. The allegations of this paragraph constitute conclusions of law to which no response is required and are accordingly denied. By way of further response, Defendant denies that it has been requested, let alone repeatedly requested, to pay Plaintiff any funds that are lawfully due the Plaintiff. WHEREFORE, Defendant, Christi L. Gates, respectfully demands judgment against Plaintiff, together with costs of suit, attorney's fees and any other relief deemed appropriate by this Honorable Court with which answering Defendant may be entitled as a matter of law. NEW MATTER 9. Plaintiffs' Complaint in each purported cause of action referenced or incorporated therein fails to state a claim upon which relief can be granted. 10. Plaintiffs' claims aze barred by the applicable Statute of Limitations. 11. Plaintiffs' claims aze barred by the Statute of Frauds. 12. Plaintiffs' claims aze barred by the Doctrines of Lathes, Waiver and/or Estoppel. 13. Plaintiffs' claims aze barred, in whole or in part, by the Doctrine of Unclean Hands. 14. Plaintiff's claims are barred for lack of consideration. 15. Plaintiffs' damages, if any, said damages being specifically denied, must be reduced or eliminated by Plaintiffs' failure to mitigate damages as required by law. 16. Plaintiff s claims aze barred for improper venue. 17. Neither the alleged agreement attached to Plaintiff s Amended Complaint, nor any applicable statue, entitles Plaintiff to pre judgment interest on any amount due and owing, which amounts allegedly owed and due are specifically denied. 18. Plaintiff s claims aze barred, in whole or in part, by Plaintiff's failure to aver whether the alleged agreement between the parties was oral or in writing pursuant to Pennsylvania Rule of Civil Procedure 1019(h) and further has failed to attach the subject writing if the alleged agreement is in writing. 19. Plaintiff s claims are barred, in whole or in part, because Plaintiff has made a claim for interest and attorney's fees and other charges for which it has no statutory or contractual basis. 20. Plaintii~s claims are barred, in whole or in part, because Plaintiff has made a claim for prospective and estimated and attorney's fees which is both illegal and unethical. WHEREFORE, Defendant, Christi L. Gates, respectfully demands judgment against Plaintiff, together with costs of suit, attorney's fees and any other relief deemed appropriate by this Honorable Court with which answering Defendant may be entitled as a matter of law. Respectfully submitted, Archer & Archer, P.C. Date: August 23, 2007 By: Thomas A. Archer, Esqu re Attorney LD. No. 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717)233-8676 Attorney for Defendant VERIFICATION I, Thomas A. Archer, Esquire, verify that the facts contained in the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: August 23, 2007 Thomas A. Archer, Esquire CERTIFICATE OF SERVICE I, Thomas A. Archer, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, by depositing the same First Class, postage prepaid, with United States Postal Service, addressed as follows: James C. Warmbrodt, Esquire Weltman, Weinberg & Reis, Co., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 Date: August 23, 2007 By: Thomas A. Archer, Esquire Attorney I.D. No. 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 C ~.~ ~ ~~ :~. „ ~ -f'r, N ~j ~, ~ f 1 ~ ~~ 1 {. ~ ~ ~~ ~~ ~ _, ~r r ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, No. 07-4310 TYPE OF PLEADING: vs. PLAINTIFF'S REPLY TO NEW MATTER CHRISTI L. GATES, FILED ON BEHALF OF: Defendant. Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D.# 42524 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 6003973 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, No. 07-4310 vs. CHRISTI L. GATES, Defendant. PLAINTIFF' S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, by and through its counsel, James C. Warmbrodt, Esquire and Weltman, Weinberg & Reis Co., L.P.A., and files the following Reply to New Matter: 9. The averments contained in Paragraphs 9 through 20 of Defendant's New Matter constitute conclusions of law to which no response is required. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant in the amounts demanded in its Complaint. Respectfully Submitted: WELTMAN, WEINBERG & REIS, CO., L.P.A. __ By: ~' / James C. W brodt, Esquire PA I.D.# 42524 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 6003973 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. .~ CERTIFICATE OF SERVICE I certify that I served a true and correct copy of Plaintiff's Reply t/o New Matter by First Class Mail, Postage Pre-Paid, on the (~ ~ day of t~ Oa7, upon the following: Thomas A. Archer, Esquire Archer & Archer, P.C. 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 By: ~ - James . Warmbrodt, Esquire ~~ " ~ , k ~ •~ aws ~+ .~ . A~ W ....+