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Home My WebLink About09-8351 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 0/- C?--3 I L? I vs. MICHAEL A RUIZQUINONES 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07884662 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No MICHAEL A RUIZQUINONES 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 b 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: MICHAEL A RUIZQUINONES 82 LINDA DR LOT 7 MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1901 . 4. Defendant made use of said credit card and has a current balance due of $1650.12 , as of August 10, 2009 . 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 29.9909.- per annum on the unpaid balance from August 10, 2009 . 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 , MICHAEL A RUIZQUINONES individually , in the amount of $1650.12 with interest at the rate of 29.990°. per annum from August 10, 2009 plus attorneys' fees of $125.00 , and costs. ro t,42524 BERG & REIS CO., L.P.A. enue, Suite 1400 15219 5 X223?3388-7130 7130 Pit KMJ This law firm is a debt collector attemng to colle ct this debt for our client and any information obtained(ill be used for that purpose. DISCOVER CARD New Balance $0.00 31 SDSN6A01 0004007 MICHAEL RUIZQUINONES 82 LINDA DR LOT 7 MECHANICSBURG PA 17050-1547 Minimum Payment Due $317.00 Payment Due Date September 25, 2009 Account Number ending in 1901 Enter Amount Enclosed Below 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 Discover.com/payments today. PO BOX 6103 Illarlinurllnulirllnl Address, email or telephone change? Print change in space CAROL STREAM IL 60197-6103 above, or go toDixover.com.Printyoure-mailaddressto ilnun?1h 11durI iIll ur1111rrrnill 11rrnr11 u 111 if receive important Account information and special offers. 000001986458618497446000000000000000031700 Discover More Card Account Summary Closing Dale: August 31, 2009 Page 1 of 1 Account number ending in 1901 Payment Due Date September 25, 2009 Previous Balance Payments And Credits $1,650.12 Minimum Payment Due $317.00 Purchases - 1,650.12 Credit Limit $1,000.0o Credit Available $0 00 Cash Advances + 0.00 + 0.00 . Cash Credit limit $500.00 Balance Transfers Finance s p1Oe + 0.00 Cash Credit Available $0.00 --- .-- .------- ----------- New Balance - + - -- --- --0.00 $0.00 Cashback Bonus• O i pen ng Cashbock Bonus Balance $ 0 00 New Cashbock Bonus This Period . + 000 Cashback Bonus® Anniversary Cashback Bonus Balance $ 0.00 Date: June 2 How Can We Help You? I Visit Discover cem to Pay yaw bi for no cost i t' s your choice - 3 ways to help , v ew ou latest Account information, earn and redeem rewards and more I 2. Call 1-800-DSCOVER (347-2683( for f t l Pkro» have your Discover Card available. as , easy se iservice options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse sid e 3' Write W of Discover Card, PO Box 30943 Soh Lake City, , LIT UT 8 84 130 , Transactions $0 Fraud Liability Guarantee U» ou Di Trans. °o y r scover Card with confidence. Do, 9 M Payments and Credits Aug 31 Aug 31 INTERNAL CHARGE-OFF $ -1,650.12 A ..r Finance Charge Summary Aver a ag Daily Daily Periodic Nominal ANNUAL PERCENTAGE ANNUAL Periodic Transaction Fes Balances Rates RATES PEKWAGE FINANCE RATES FINANCE current billing period: 29 days CHARGES CHUMS Purchases $0 Cash Advances $0 0.08216% 29.99% V 29.99% S0 $0 0.08216% 29.99% V 29,99% $0 $O The rates that apply to your Account are either fixed (F) or they may vary (V) 03 noted above. Irgortaet Inlerrnatlon. If there is more than one page to this billing statement see the back of each page for additional Important Information See yaw Cardaaal6w AOrearrrwrt. Your Grdmembef Agreement contains all the terms of your Account m Leal or sfalar calls. Report immediately! Call 1-0-347-2683. v° !11 CIA of E _ z ior P, tran :`!x m ot6af? ` o°iat'?er an a . Ar I Your per at a ty':' nt rd; ? °e r 'o?ht IP or pftry,"I a'pppe°a_o . Vois9 "u?ephone g w! 9 g • eerd?pa??ra?r? amdounus?c?tad error • Describe the error and ezplafh H you can, why you believe there fs an error. If you need more Information, describe the item you are unsure You do nm nave to ppaaVy an amount in 6ouuesUon while weUOaUna^Dut wu are still obl?'oated W paY the baits d your bill foal are not in question. While we I"VesU?ite your pueSUOn, we canna as dell q ertt a tike any argon to ediect the amounr you question. r.h rd =%& yqy have a problem with the quality of goods a services that you purchased with a credit prrl, and filto bDiem with the merchant ygu may not Ifave to pay the romalmn amount due on the Mods a servicesq this on only when thase ore Man ;5o anG Ufa purchase vin mde i t home state a withlR 100 mles of bnQ yeas. llf we am or un nt a N we mailed you the advertisement for the or services, all purchases are covered =ass a the amount or location M purchase! zil r Mt and On 01 Mls t n Me a vel po n send cash. 8v sentlln r c k as oilY?i iiol? us to useun?forr?a?'on r ehac?}ceti mate an s{ectra?i cptlun?'ronsia ?rom your account at ttl? I?nancra? dMe your Mk to process Me ant as a check Vansaclion. It ant is processed as an ekutmnic fund Vans/er, Me amou of hecrc. When se in/ormation from your check o?make an electronic fund Vander funds may be wry arxiorint n soon x Me same day we receive your payment, and you will not receive your check back from your Unanclal of your t m be del If send rash donee a alley Items with r Wvrt?ent it d Me ant to or If an??? art the oneF7 -A., aents received on or after t PM at dui slog Ta ill klend sn a a "°S Elm away will be ppstetl nt aS at Me nett iuslness dory. if you h ve misplaadir enveq t th. t. it - D„nhsrwver 8?<n err Box ??Or6WMrd,r^Stm60 i 9- 103. Please allow 10 days far delivery. if year payme t Is return sar U1 x r If va or bureaus. Late ants, missed payments, or other defaults on Igo is arici ff tOry 01 Your CCDunt f0 cria fEpprtiny go EOCh wane Acwand?owino address: tlscover Card, PO Bdx 15316 Millington. Ole Finance Ch on all tnnsactlons from the Transaction Date for Me ad to r AC?Unt alley Me G of the Wllin? bpd in which it occurs, lion from Me flRl d1v a Me N nor period !n Wieh rt It m W to wu r nnf.50 would ha brivise be i'mcharge you a minimum FINANCE CHARGE of =.50 for any billing period in which Periodic Finance Charges of III Fee. 11 your Account has an annual fee It w!lf be dlied at th beginning of each anniversary year r Account is open. The amount of on the statement when the fee is billed. The annual fee is not refundable unless you ndtif?us that you wish to close your Account ars- of the mailing or Npc?r; dare M the s'ateme^.+ nr which the fee is bifled. °ou wi receive this refund even If you use your Card oat perfop. Daily Balance) times (days in billing period) times (Daily Periodic Rate) refer to the finance charge_summary on your billino statement for the. Intoyrou of rchases, cash advances and balance transfers antl then further sort the ape Rate.a ekample rohases sub'ecl to a promotional me and purchases sub act to a fe groyps as tnntran Wro teporias At Me end of ach blllin perod, we canputel balances g Penoo fa each tnnsacUon da a ory . We use the dlowing FghaUon to compute Periodic amounts.) Then V add u the Periodic Finance Charges for each e Average Daily Balance Is shown as zero If, because of the grace latha Me lance u which we impose Periodic Finance rddfrfy?up a I the dally balanrxs in a ailing ad for a taoctl We corn to the daily balance for each transaction ratedory 0 he dlling.peri7 od in?'which Grt oc urs.t in day *hacn hca?se theyour the Fee which has For 700 (TNseant MiCatlarra Devfee for the Do" assUfaree, please call! 1-800-047-7449. 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 Lead 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# 7884662 Michael A. Ruizquinones '6011002583291901 C`! 9iI LED, r 11: 3 6 6 7?R-,SO ®d a-l? 7 3 ygy*7