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Home My WebLink About09-2317IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff No. n Oq - 0317 l:?v;t T?-rw vs. GINO F MORELLI, Defendant COMPLAINT IN CIVIL ACTION 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#6805953 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff vs. Civil Action No. GINO F MORELLI, Defendant 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 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 COMPLAINT Plaintiff is a corporation with offices at 6500 NEW ALBANY ROAD, NEW ALBANY, OH 43054. 2. Defendant is an adult individual residing at the address listed below: GINO F MORELLI 6 GREEN CIR CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX4742. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of March 9, 2009 in the amount of $6,477.39. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 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 $1,000.00. 8. Although repeatedly requested to do so by Plaintiff; Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, GINO F MORELLI, individually, in the amount of $6,477.39 with interest at the legal interest rate of 6% per annum from date of judgment plus attorneys' fees of $1,000.00, 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. James C. W brodt, Esquire PA LZ11 WELWEINBERG & REIS CO., L.P.A. 1400 s Building 436 SAvenue Pittsb A 15219 (412) 434-7955 rIRINIF ? 0.1% CARD L111W1 1LIIVVr,t C1rGrVS0V 0HIUW w u"T i Payment Due Date Ma14 2008 .? r` May Please make check payable to Discover Card. Minimumpa ment due includes a past due amounto f $1,240.00. 15 SDSN6A010004443 GINO MORELLI 6 GREEN CIR CAMP HILL PA 17011-4224 Address, e-mail or telephone change? Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. Will your payment get to us on time$ Pay your bill online and your payment can be made to your account on the some day. Visit Discovereard.com/payments todyay. PO BOX 15251 111r,11Ir,n.,Ill WILMINGTON DE 19886-5251 1r,1111Jhill IIIr,IuIll ,Ill IIll Ill IIf (r,rIll III(rIII fill If r1 000001986458492880915064773900000000647739 Discover More Card Account Summary Closing Date: April 15, 2008 Account number ending in Payment Due Date Minimum Payment Due Credit Limit Credit Available !Cash Credit Limit Cash Credit Available Cash page 1 of 1 4742 Previous Balance $6 477 39 May 14, 2 008 Payments And Credits , . 000 $6,477.39 Purchases + 0 00 $5,000.00 Cash Advances . + 0 00 $0.00 Balance Transfers . + 0 00 $0.00 Finance Charges . + 0 00 $0.00 \ 1 ew Balance . $6,477.39 1 It 4*0 ?t A -.00- Bonus® ing Cashback Bonus Balance Cashback Bonus Earned i Cashbock Bonus Balance Cc:ihback bon' Anniversary ?kvaNable to Redeem Date: December 15 $ 0.00 + 0.00 $ 0.00 - -$------- 0.00•._ _ 'How Can We Help You? For Account Inquiries, write to us at: Please hew your Discover Card avoilable. Discover More Card, PO Box 30943 Salt Lake City, UT 84130 Manage your account online at Discovercard.com TDD (Telecommunications Device for the Deaf): . Customer Service: 1-800•DISCOVER (1-800-347.2683) For assistance, see reverse side. Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for details. Finance Charge Summary Average Doily Dail P i di Nominal Transadion ANNUAL ANNUAL Periodic Fes PERC N y er o c Balance Rates E TAGE PERCENTAGE FINANCE FINANCE RATES RATES MAW.= ruAense current billing period: 15 days Purchases $0 0.07463% 27.24% V 27.24% $0 none Cash Advances $0 0.07463% 27.24% V 27.24% $0 $0 previous billing period: 19 days 'Purchases $0 0.07668% 27.99% V 27.99% $0 none The rates that apply to your Account are either fixed (F) or they may vary M as noted above. 1-m- NMarsiaNisn, If there is more than one page to this billing statement see the back of each .MM Eee Yaw Cairdimewimer Agroertsdnt. Your Cardmember Agreement contains all the terms of ?? for additional important information. Lost a, Stolen Cabs, Report co immediately. Call 1-800-347-26t3. Z s ID Case of Errors or Questions About Your But If you think 09 transaction on your bit wipe us on a sepanfe sheet of your bill is wrong, or if you need more information about a o We must we r your you no later than 60 days after wewsentryou theofrst bM6re ill on which the terror or iroington, DE r19050-5192 ed. You ias soon as possible. Preserve your r htr In rl problem a iD your letter, glue us th e follownng Infomation: ppeaetl. You an telephone us, but $ •YOUr name and Arxount number. .The dollu amount of the suspected error. 'Describe the error and explain, 'rf you can, why you believe there is an error K you need more information, describe the item about You do not Aar to pay any amount in question while we are invest! atin but you are unsure 0 querstion. While wa invertlpate your question, we cannot report you asgdellnquent o aar aryl obligated collect to ayt h amount of your bill that are not in Yd Rlre ? Crelgl Cab ??? n have a problem with the uali of you questxrn u have Died lo faith to correct the problem with the merchantq you ma nhave services that you purchased with a credit card, and m Irvuo?f You ?v5 Nis Drot°ction only when tr Purchase price was more than $50 and a, y the remaining amount due on the pis a the your maNing address or own or opeprua hdSee; archon t or If we mailed you Ne adve?rtiscement fw tmhe goods orrrurncnesejj purchw aAseslafe covered regardless of the amount nt o location o f Paymarts. Pa ntr Send only Cur payment and the bop portion of this statement in the en?loPe check heck as described above, you au oue us to use information on provided. Do not send cash. transfer institution s des: ble?dl b your check or to your check to make an electronic fund transfer from By sending your r account the financial with be Io the amount of the check. Whenawp nuseintormaUontrfr°o?riti0°r check to make an electronic withdrawn from you pa ent a processed as an electronic fund transfer, the institution, your account as soon as the same day we receive your payment and fund transfer fu r sfer the The-pro eessm -oN-your you will not receive your check back from your financial an other cessin? N payment may be delayed IF yo t send. cash; correspondence or other items wit your n of you send the " you. use an envelope other than the one provided. Pa ay or .t a weekend or bank hoo8day wilt be ported tp r Account as of the next business day. N e? on or after 1 PM MontlayYNrouph ur or nt a Discover Bank PO Borx 15251 Wilmington, pE 19686-5251. Please allow 7-10 days (or deli has mrisptaced your enveknpe, send your payment to right to resubmit K as an elec{ronic t Ys delivery. Yo payment is returned unpaid, we reserve the You can Pay your minimum payment or a greater amount over the tole phone. Call us at 1-800.347.2683. You will need this statement and Your bank account information. You must ensure that sufficient funds are available in yyoour bank account, and all transactions must comply with U.S. law. agreeing tonthis YOU will be asked to provide the first 5 digits of your account statement zip code, g entering those numbers as your electronic nature, ois Authorization to allow us and your bank to deduct each payment u au orize, in the amount requested you, you will bank phone at 1-800-347-2663 or Wall at must receive notice at least three dayroin advance of the scheduled payment?YOU nay erKy ryr usaby aoo? by mail at address listed in the previous paragraph. Crew R rat nia tog We mayy reepport information about yyoouur account to credit bureaus. Late month. K y rued in Your credit report We nomaly report the status and p ?ptaoYrn?rnentsyoumissetl payments or other defaults your coun to _n Wilmington DE 18t lev that . our report is Inaccurate or incomplete, please write usat the following aotdresx Discover Moree M Card.PPO Bapecie1s each your name, address, home telephone number and Account number. ox 15316, PERIODIC FINANCE CHARGE!. Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to until the the = pay your entire New Balance pa 11 (aaWw Balance on your previous bNlfng statement tents oy_rntiDue credits However, at tat provide the folses ksy "pra?urgAcco" If yment Due Date on this statement we will not imps Porioliic?Fl MnananceClhar?ges on n on that statement and you pay the Hjew lance by statem Otherwise month that includes Periodic new Finance Chargeeston osroe new fur a grace appearing on this en nod balance will rsrecee cash addng stagteme rlt next purcAases.There is no We sort YYoaur transactions intooups of rchases, cash advances, and balance transfers and then further sort the transactions within each group by their Anoiual Percentage Rate. or exam g purchases subject to a pr groups. We refer to these pnuppss as transacLon Cafeggoorrfer At the anrd of a bill ng and pweAcom subject n a standard dale would be separate each day of the billin pyg period fo each transaction categ 9 Period we compute balances and Periodic Finance Charges for category. Av Der Balance x number of days Category. i use the following uatleo to cam ate Periodic Fingaen Charges for each transaction 0 period x Daily Per Ic Rate. (See then finance char summary on your statement for for % these amounts Then we add up the Periodic Finance Char s for each tfansactlon ca to et the total Periodic Finance Charges transaction category. rasa your Account The Average Daily Balance is shown as zero it, because of the grace period, no riodlc Finance Charges apply to the balance in a use the two-cycle average dairy balance (inCludin Ch pp new Uan?cUOrro) method of c Charger This means if you did not pay the New Bagince shown on the billing statement upon which we impose Periodic Finance aloulating the balance as well as ne wpleurchases thalhfla st?th n? will impose Periodic Finance Charges on n purchase Nat fist a previous biikng period by Ne your previous bNOng statement PPear the current billing statement unless we already imposed Periodic Finaared pppCeeaa ons onlNblIlling statement, age tegorv rge purchases f cA ronn 11 and dCom P nGtho the ?l fw tier nu?inDer edlorlay?s in hoe antic rap cycle: Ypebcan duteg the a adding the lollowtn tp prevous days daily balance: transactions madepthal da ,ees a g perfrld for a transaction cafe o day il bla^ce? us. each trann ca on each day st the previous days daily balance and lay then subtracting any credits and Nal day and Pecrtiioodnic Fin ne Charges acrueon on that day. In r atculafing the daily balance for the Previous billin ?yme^ Nat are applied against the Dalarnce of the transaction category first day of the billing period If a (rjnsaction is posted ApcPeriod, we consider the "prev day s tlairy balance" to have been zero on the ivl transaction as having occurred on the first day of the billing erwU In whilcli it ?SNe close of the Willing period in which it occurs, we will treat the W Posted to your Account All fees Char Finance sreo to tine aicthab a cnnan eruanactn?ry and lance TrandeepTransactw FeeFl^ Advance e gjCtion Fee are added ip a bb balance transfer transaction cdo P 1e Chaadded rges whkyou Ace nt I term the Bance rTi^sfer Transaction Pea F Chargeshe slanW°d ? ra expires we moveoryNe lance balance of the balance?UanNer inated under the Def fiats Plan, we leave Ne unEw alance of the liilhance tran?sfeand ath?e eaa T ansfer gTea ncUo tri Fee Finance Charges in Me applicable tra au fl nsaction category until Ne spewould have exFor TDD (Ty1e Dew) ossb? Pie caY 1-BOD-t47-744t. The Disco"" More sY Card is issued by Discover Bank, Member FDIC. MRR-10-2009 14:32 WWR GROVE CITY 6148012603 P.03 VERIFICATION The undersigned does hereby verify subject to th enalties of 18 PA.C_S. §4904 relating to unsworn falsifications to authorities, that b6/she is (Name) ACCOUNT MANAGER of DFS SERVICES LLC , plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge. Information and belief. L (Signa-? ? ?) ture) WWR# 6805953 DFS# 6011002370234742 C FILED-Ci-MCF ",I" THE ? , ,. r PR'DII, !',),NOTAPY 21;99 APR 14 A 9: 38 #w,5o Po m7rY ex* av4msO W4 aas?4 Sheriffs Office of Cumberland County R Thomas Kline k' of &Arlbrr?o Edward L Schorpp Sheri h Solicitor Ronny R Anderson Jody S Smith Chief Deputy f(cE ?)F 7HE swEs'rr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/17/2009 03:22 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2009 at 1522 hours, he served a true copy of the within Complaint and Notice upon the within named defendant, to wit: Gino F. Morelli, by making known unto Dawn Morelli, wife of defendant, at 6 Green Circle, Camp Hill, Cumberland County, Pennsylvania, 17011, its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $55.00 April 21, 2009 SO NS RS, WOO& R THOMAS KLINE, SHERIFF Dep ty eri f Docket NO. 2009-2317 Discover Bank v Gino Morelli C C= ri x r.j , 16 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. GINO F MORELLI Defendant No. 09-2317-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE 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#6805953 4 41%. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-2317-CIVIL TERM GINO F MORELLI Defendant PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Please kindly Settle and Discontinue the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: fx1r JamePers rodt, Esquire PA I . D1400 ilding 436 Snue Pittsb5219 ( 412) WWR SWORN TO AND SUBSCRIBED before me this 17 day of rn , 2009 4A'RAYM-LIC COMMOMWALTH OF NN3Y VANlA Not" Seel Jennifer M. Borowikl, Notary Public city of wain. AAW" County My Comm wm Expirm Feb. 22, 2012 Ilolallea t=11_??r c Ti a "-Aryl