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Home My WebLink About09-0481 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 09 - 4/gl of- U vs. COMPLAINT IN CIVIL ACTION CHRISTIN L ZYGMUNT 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 07186431 C A Pit ABR 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No CHRISTIN L ZYGMUNT 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, is a corporation with offices at 6500 New Albany Rd, New Albany, OH 43054. 2. Defendant is adult individual(s) residing at the address listed below: CHRISTIN L ZYGMUNT 16 BELLMORE RD CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX5131 . 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 January 16, 2009 , in the amount of $6450.98 . 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 $1000.00 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 , CHRISTIN L ZYGMUNT INDIVIDUALLY , in the amount of $6450.98 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. James Wa ro t,42524 WEL WEINBERG & REIS CO., L.P.A. 436 enth Avenue, Suite 1400 Pitt urgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07186431 C A Pit ABR 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. $6,450.98 CARD 4 08!UW3,\Ot 0004433 CHRISTIN ZYGMUNT 16 BELLMORE RD CAMP HILL PA 17011-7901 r+c wuni 1,4umoer ending in D 13 $6,450.98 Enter Amount Enclosed Below a i Payment Due Date $- -? DUE IMMEDIATELY' .y Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the some day. Visit Dlscover.com/Payments today. Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. PO BOX 6103 CAROL STREAM IL 60197-6103 If 111111 11111 If 11111111111111.. 11 1111111111 11111.11 000001986458896286255064509800000000645098 Discover More Card Account Su mmary !Account number endi ?g in 5131 Closing Date: November 8, 2008 page 1 of 1 !Payment Due Date December 7, 2008 .Minimum Payment Due $6 450 98 Previous Balance Payments And Credits $6,450.98 , . Credit Limit Credit Available $6,200.00 $0 00 Purchases Cash Advances 0.00 + 0.00 . Cash Credit Limit $0 00 Balance Transfers + 0.00 . Kash Credit Available $0 00 Finance Cho s + 0.00 . New Balance + 0.00 $6,450.98 ;Cashback Bonus® O pening Cashback Bonus Balance New Cashback Bonus Earned 0' + ;Cashback-Bonus® Annlverjoi. - - - - - - y Cashback Bonus Balance Available-to Rede $ 0 Date: August 8 em, $ , 0- How Can We Help You? ' 1. Visit Discover.com to pay your bill fo ;It s your choice - 3 way s to hel r no cost, view your latest Account information, earn and redeem rewardso and 2 C ll 1 p Please have your Discover Card available . a -800-DISCOVER (347- for fast 2683) , options or to speak with a C more easy -If service . For TDD (assistance for hearing impaired) see reverse side ustomer Service 3. Write us at Discover Card, PO Box 30943 Ac count Manager , Solt Lake City, UT 8,4130 ,Finance Charge Summary Avers Dail 8a Y Balances Daily Periodic Nominal ANNUAL PERCENTAGE ANNUAL PERCENTAGE Periodic Transaction Fee current billing period: 8 days e-_ gcrts ?? ---- MT-ES FI NA C Cf $ FINANCE Purchases $0 Cash Advances $0 0.07942% 0 28.99% F 28.99% $p Balance Transfers $0 .07942% 0 07942% 28.99% F 28.9990 $0 none $0 previous billing period: 21 day . 28.9990 F 28.99% $0 $0 ;Purchases $0 The rates that apply to your Acco t 0.07942% 28.99% F 28.99% $0 none un are either fixed (F) or the may va y Y ry (V) as noted above. EXHIBI 1 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that he is Steve Ball (Name) Accounts Manager 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. (Signature) WWR# 7186431 Christin L. Zygmunt '6011002704265131 c ? V AS ? J C . .ti Christin L Zygmunt 16 Bellmore Road Camp Hill, PA 17011-7901 Defendant in Pro Per Court of Common Pleas Civil Division State of Pennsylvania, Cumberland County DISCOVER BANK Cause/Case No. 09-481 Plaintiff Vs. CHRISTIN L ZYGMUNT Defendant Motion to Compel Arbitration Christin L Zygmunt ("Defendant") hereby answers the complaint of Discover Bank ("Plaintiff') for it's self alone as follows and moves this court to bar, stay or dismiss Plaintiffs claim based on the following: 1. Plaintiff filed a complaint against the defendant(s) for a credit card balance due. 2. Defendant moves this court to compel binding arbitration based on the Credit Card Agreement provided by the Plaintiff. a. The parties are bound by Credit Card Agreement to settle disputes by binding arbitration, not litigation, upon the election of either party. This Motion constitutes notice of election by the undersigned to have this dispute resolved by binding arbitration, as provided for in the Credit Card Agreement. 3. Plaintiff has never sought to take the defendant to arbitration. 4. The Federal Arbitration Act ("FAA"), 9 USC, Section 1-2, provides: a. "A written provision in any maritime transaction or a contract evidencing a translation involving commerce to settle by arbitration a controversy thereafter arising out of such a contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." 5. Defendant requests that pending the court's ruling on this Motion this action be stayed. 6. "FAA", 9 USC, Section 1-3 provides: a. "If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration." WHEREFORE, Defendant requests that: 1. This honorable court, stay the Plaintiffs complaint and any and all action related to this case. 2. This honorable court, compel the Plaintiff to seek binding arbitration per the terms and conditions of the Credit Card Agreement. Dated: d? (G G a ,f Christin L Zygmunt Defendant in Pro Per A. d N C" s? rv CJ C? J T'l SHERIFF'S RETURN - REGULAR CASE NO: 2009-00481 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS ZYGMUNT CHRISTIN L RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ZYGMUNT CHRISTIN L the DEFENDANT , at 1859:00 HOURS, on the 3rd day of February-, 2009 at 16 BELLMORE RD CAMP HILL, PA 17011 CHRISTIN ZYGMUNT by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 11.70 .00 10.00 R. Thomas Kline .00 39.70 02/04/2009 WELTMAN WEINBERG REIS By: a,_eKeelrw day Deputy Sheriff A.D. r.? ?,C> ? ? .. ? r - -ryCT: _ r- -? -i .r `? ;: ? s ?r? ? ?°G ? G - - a r-1S W .p r- - State of Pennsylvania; Cumberland County Cause/Case No. 09-481 DISCOVER BANK Plaintiff Vs. CHRISTIN L ZYGMUNT Defendant Christin L Zygmunt ("Defendant") hereby answers the complaint of Discover Bank ("Plaintiff') for it's self alone as follows and generally denies the allegations due to the complaint based on lack of information and belief. First Affirmative Defense "(Agreement to Arbitrate) The credit card agreement may state that disputes may be resolved by binding arbitration. Defendant elects to have all disputes related to the credit card agreement resolved by binding arbitration." Second Affirmative Defense "(Amount in Dispute) The account balance claimed by Plaintiff is not accurate and the total amount that is owed is in dispute." Third Affirmative Defense "(Financial Hardship) Due to a serious financial crisis, defendant does not have sufficient funds to pay the full amount of undisputed debt, if any. Due to on an ongoing medical condition my husband was placed on short term disability with his employer. This employment status caused his pay to be cut in half. Most recently he was placed on long term disability and our income continues to be strained based on his employment status. My household income has been drastically reduced whereas our expenses remain the same. I have contracted with a debt settlement company, Solve Debts, to help reduce and eliminate my debt. WHEREFORE, Defendant requests that: 1. Plaintiff takes nothing by way of his complaint; and 2. For Defendant's costs of suit. Dated: P_ I a_ G of Christin L Zygmunt Defendant in Pro Per ? ?... ? (--) '? ?1? ?.r..' ?' ?? ? rZ ?j4?t r . • ?^ ?? 'may ?? ?? DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTIN L. ZYGMUNT, DEFENDANT 09-0441* CIVIL TERM ORDER OF COURT AND NOW, this ,211 day of February, 2009, a Rule is entered against plaintiff, Discover Bank, to show cause why the relief requested to compel arbitration, should not be granted. Rule returnable twenty (20) days after service. ? James C. Warmbrodt, Esquire For Plaintiff ristin L. Zygmunt, Pro se 16 Bellmore Road Camp Hill, PA 17011-7901 :sal Cop?FS' a f ?.?/apt By the Edgar B. I-- x ?ZS, ,.. C\j Q?r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, No. 09-481 TYPE OF PLEADING: VS. PLAINTIFF'S ANSWER TO DEFENDANTS' MOTION TO COMPEL ARBITRATION CHRISTIN L. ZYGMUNT, Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. # 42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 7186431 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, No. 09-481 VS. CHRISTIN L. ZYGMUNT, Defendant. PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO COMPEL ARBITRATION AND NOW, comes the Plaintiff, by and through its attorneys, Weltman, Weinberg & Reis, Co., L.P.A., and files the following Answer to Defendant's Motion to Compel Arbitration: It is admitted that the Agreement between the parties contains a provision for binding arbitration. 2. As the party electing to submit this dispute to arbitration (See, Paragraph 2a of Defendant's Motion), Defendant is required to initiate the arbitration proceedings, pursuant to the terms of the Agreement. Plaintiff does not oppose Defendant filing a claim for arbitration pursuant to the agreement between the parties, nor does Plaintiff oppose a stay of the proceedings in the within matter while Defendant files a claim for arbitration pursuant to the agreement between the parties. 4. Plaintiff believes and therefore avers that the Defendant's motion has been filed by the Defendant for the purpose of delaying the Plaintiff s recovery of the debt owed by the Defendant. 5. Should Defendant fail to pursue arbitration pursuant to the agreement, Plaintiff wishes to proceed before this Honorable Court in the within action. 6. Should Defendant file a claim for arbitration and should Plaintiff prevail in the arbitration proceedings, Plaintiff wishes to proceed before this Honorable Court to enforce its arbitration award, pursuant to Pa.R.C.P. 1329(e)(1). 7. Plaintiff requests that the Court impose a deadline upon the Defendant to initiate a claim for arbitration to prevent undue delay in the resolution of the dispute between the parties, and that the Court permit Plaintiff to seek the reinstatement of the within action in the event that Defendant fails to file a claim for arbitration within the time specified by the Court. WHEREFORE, Plaintiff humbly requests that this Honorable Court enter an order granting the Defendant's Motion to Compel Arbitration in part, and directing the Defendant to proceed with a claim for arbitration by a date certain, and staying the within proceedings without prejudice to Plaintiff to seek reinstatement of these proceedings should Defendant fail to timely file a claim for arbitration, as set forth in Plaintiff's proposed Order, together with any further relief which this Honorable Court deems appropriate. Respectfully submitted, mbrodt, Esquire James ?ar24 PA I. .# Wel , Weinberg & Reis, Co., L.P.A. 140 K ppers Building 43 S enth Avenue Pi ureh. PA 15219 (412) 434-7995 WWR# 7186431 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. James C/Varmbrodt, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, vs. CHRISTIN L. ZYGMUNT, Defendant. No. 09-481 ORDER OF COURT AND NOW, this day of 2009, upon this Court's consideration of Defendant's Motion to Compel Arbitration, it appearing to the Court that Defendant has elected to submit all matters in contention in the underlying matter to binding arbitration pursuant to the Agreement between the parties, it is ORDERED, ADJUDGED and DECREED that the Defendant shall file a claim for binding arbitration, pursuant to the terms of the agreement between the parties, within 30 days from the date of this Order, and it is further ORDERED, ADJUDGED and DECREED that the within matter be and hereby is stayed pending the arbitration of this matter, provided, however, that nothing in this Order shall preclude Plaintiff from petitioning this court for relief from the stay imposed from this Order and/or for reinstatement of the within action alleging Defendant's failure to comply with this Order. By the Court: J. CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiffs Answer To Defendant's Motion to Compel Arbitration has been served by U.S. Mail, Postage Pre-Paid, on the 1Q` of l 2009 upon the following: Christin L. Zygmunt 16 Bellmore Road Camp Hill, PA 17011 BY: c7 n - 71 k