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Home My WebLink About10-0224 PLED- 'FI OF THE Fnn TAFty 2010 JAN -6 Ph 14 7 CUMB RL, ? "D, coU" PENf4s CVO Zd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: to - Qo'17 &ivi ( -w*k vs. COMPLAINT IN CIVIL ACTION GRETCHEN G SORTZI 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 07957629 C A Pit KMJ $ga.oc PQ ATN ee 40S31.0f 812"'S 67 V* c2W89a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No GRETCHEN G SORTZI 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, 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: GRETCHEN G SORTZI 3 WEXFORD RD ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4973 . 4. Defendant made use of said credit card and has a current balance due of $9558.36 , as of November 07, 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 29.990% per annum on the unpaid balance from November 07, 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 , GRETCHEN G SORTZI individually , in the amount of $9558.36 with interest at the rate of 29.9901 per annum from November. 07, 2009 plus attorneys' fees of $125.00 , and costs. James C Warm ro t,42524 WELT , WEINBERG & REIS CO., L.P.A. 436 Se e th Avenue, Suite 1400 Pitts r h, PA 15219 (412) 43 -7955 FAX: 41 -338-7130 079 6 9 C A Pit KMJ This law firm is a debt collector atte ng to collect this debt for our client and any information obtaine will be used for that purpose. ulbL V ER $9,558.36 CARD 22 SDSN6A010004648 GRETCHEN SORTZI 3 WEXFORD RD ENOLA PA 17025-3423 $9,558.36 Enter Amount Enclosed Below Payment Due Date $ 7'? S 740 1 November 17, 2009 Please make check payable to Discover Card. Minimum ayyment due includes a past due amount ofp$1,863.00. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the same day. Visit Discover.com/payments today. PO BOX 6103 (??rrr???rrsrlrlrslrls???rl CAROL STREAM IL 60197-6103 Address, *-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. 0000019866180388'47955095583 600000000955836 Discover More Card Account Summary Closing Date: October 22, 2009 page 1 of 1 Account number ending in 4973 Previous Balance $9,558.36 Payment Due Date November 17, 2009 Payments And Credits 0.00 Minimum Payment Due $9,558.36 Purchases + 0.00 Credit Limit $7,900.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance = $9,558.36 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus®-AnniversaFy- Date: October 22 Cashback Bonus Balance $ 0.00 How Can We Help YOU? 1. Visit Discover.com to pay your bill for no cost, viewardsour P latest Account information, earn and redeem rew and more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) for fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager 3. Write us at Discover Card, PO Box 30943, For TDD (assistance for hearing impaired) see reverse side Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You Your Account is overlimit. While we are permitted under the Cardmember Agreement to charge you an Overlimit Fee, we have chosen not to do so at this time. We reserve the right to do so if, as of the close of a billing period, your outstanding Account balance exceeds your Account credit limit. See the Overlimit Fee section of the Cardmember Agreement for details. EXH BIT Finance Charge Summary Average Daily alances current billing period: 22 days Purchases $0 Cash Advances $0 Balance Transfers $0 Nominal Transaction Daily ANNUAL ANNUAL Periodic Fee Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Rates RATES RATES CHARGES CHARGES 0.08216% 29.99% V 29.99% $0 $0 0.08216% 29.99% V 29.99% $0 $0 0.08216% 29.99% V 29.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Important Information. If there is more than one page to this billing statement, see the back of each page for additional Important Inf atlon. See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account M Lost or stolen cards. Report immediately! Call 1-800-947-2883. Z BIIIInRlahts Swnmarv In Case of Errors or questions About Your Bill: li you think your bill is wrong, or if you need more Information about a o trans ti0 on your bill, write to us on a separate sheet of paper at Disco r Card PD Box 30421 Sal Lake (t . UT 84130-0421 as soon as possible. We must hear from you no later than 60 days after we sent you the firs? bill on which the error or pr?blem appeared. Vou can telephone o s but doin so will not Greserve your rights. In your letter, give us the following information: c • Your nama and Account number. • The dollar amount of the suspected error • Describe the error and explaih, If you can, why you believe there is an error. If you need more Information, describe the Item you are unsure about V You do not have to paayv an amount In question while we are Investi(Ftlnuu, but yvou are still obll ated to gag the parts of your bill that are not in o question. While v PrIll ate your queSUon, we cannot report you a3 deffnquenI or take any ac Ion to celiect thA amount you ouestion. S lal Ride for Credit Card Purchases: If you have a problem with the quality of odds or services that you urchased with a credit card, and u have tried in cod faith to correct the r blem with Vte merchant, yyoou ma not Roods to pa the remainln amount due on the guoods or services. ou have this protection only when the Durcchase price was more than ;50 an2the purchase As made in yogi home state or with lh 100 miles of Your mailinsi address. (if we own or operate the merchant or if we mailed you the advertisement for the goods or services, all purchases are covered regardless di the amount or location Of purchase) Pa Send onvY l your oavment and th4 to rdon of this statement In the a vetoi j ovided. Do not send cash. By sending your check as de cr hove, voautnorize us to use Inlorr?iaUon on your check to make an eectrdl cpt<und transfer Trom your account at the TInan ci I Institution ndica don our check or to Crocess the pauyment as a check transac on. It payment Is processed as an electronif fund trans?er, the transfer will be for the mount of the check. When we se Information from your check to make an electronic fund transfer unds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. ThjPran rocessin of your pa merit maY be delayed if you send cash,, correspondence or other Items with your DaYment it you s4nd the payment to anY oaddress or ii you use an envelopDee other tharf the one pproved. PaVinents received on or after 1 PM at bur procMin9 TaciliiY CC% throuFridayy or on a weekend or bank holidayv will be posted to ur Acc unt as of the next business daV. If y h2ve mispl8ced yvoour envelope, send ur payment to Discover Bank, PO Box 6T03 Carol, Stream, IL 60197-6103. Please allow 7-10 days fdr delivery: If-your payment is returned unpawe rserve the riht to resubmit ias an electronic debit You will s state ar in yo u b a nk or minimum a merit or a rester amount over the teleusthone, ensure and th t ou suf cfin cient ®r set u ds are automatic aval nts. Call us at 1-800-347-2683. ur ban k cater Information. You mPalle transacti ne ons 'st co, ment ds must compp)I with U.. law. You will be askeC to provide the first 5 digits of your account statement zi code enteriangggc tcount, hose and all numbers as your electloXlc siggnature, you will be agreeln0 to this authorization to allow Os and Your bank to deduct each merit you authorize from our nk account and Tp initiate debit or c It entries to your bank account, as a plicab e, to correct an error +n th s n of such Dpam nt You must tell us the amount of each payment or You can select an amount suc?i as the MinimuT? Payment Due or a New ?alance on $aYh statement You can cancel a pa ent; however we must receive notice at least three business days In advance of the scheduled payment You may noU?y us by phone at 1-80D-3472683 or mall at the address listed in the previous paragraph. IT your payments vary in ount, we will tell voU on each mdnth statement when your pats will edho how ite illilb .Your automatic Payment amoutft may be less than indicated on them thly statement based do payments ppl h g cycle. Credit Mrting. We may report information about ur account to credit bureaus. Late avments, missed pa ents, or other defaults on ur account mayyy be 'rie?fvleected in your credit report We n?rmait report the status and pa mere history of your Account to credit reuorUn a9enties each m9nth If y91? believe that Our re rt is Ina curate or into efe please write us at a fallowing address: Discover Card, PO Box 15A 6,lnfilmington. OE 79950-553316 Pease Include our name, address, home lephone number and Account nurn r. Grace Period on Purchases (at least 25 days) We begin to Impose Periodic Finance Charoes on all transactions from the Transaction Date for the transaction as shown on your b llln stateme t unless a transaction is posted to ur Accou t after the close of the bilHn? period In which it occurs, in which case we begin r impose ?eriodic Finance Charges on that transaction A% the first day of the billing period in Which it is posted to your Account We conttnu to impoge Periodic Finance Charge until the date you pay your entire New Balance, by Making payments or roceiving credits. However, it you paid the New alance on your revious billing statement b to Ysrent Due Date shown on that blmrid "statement and u oa the New BalanrE by the Payment Due Date on vvoour?current billing statement vYie w?11 npt im se Periodic Finance Chaves an new purchase&,that ys urchases first appearing on the current biDing statement W call this the "grace ped There is no grace period on balance transfers or cash a, dvances.' MlNmum Finance Charae. We will charge you a minimum FINANCE CHARGE of $.50 for any billing period in which Periodic Finance Charges of less than $.50 would otherwise be impose . Annual Fee. If your Account has an annual fee it will be billed at the beginning of each anniversary near ya r Account is open. The amount of the fee aupears On the statement when the fee is billed. The annual fee 1nit fundable unless Y, hoUry/ us that you wish to close your Account within 30 flays of the mailing or delivery date of the statement on which the ee is billed. You win receive this retuOd even If you use your Card during that period. Periodic Finance Charoe: We sort your transactions into croups of urchases, cash advances and balance transfers and then further sort the transactions within eacfl rou by their Annual Percentage Rate. For Am le purchases subject to a romotional rate and purchases sub'ect to a standard rate would be s ?arato groups. We refer to the a roups as trans don cat ones. At the en& of each billing E we compur? bbaalances and Periodic Finance Char es for each ay of the billing priod for each transaction ategory. We use the foilowing rI at ion to compute Periodic Finance Charges for each Vansaction category (Average Daily Balance) times (days In billing period) times (Daily Periodic Rate). ((You may refer to the finance char a summary on your billin statement for these amounts.? Then we add up the Periodic Finance Charges for each t'ansaction categortrto qet the tota? Periodic FlnanCe Charges?for your Account The Averagb Daily Balance fig shown as zero if, because of the grace period, no Periodic Ina ce Charges apppplyy to the balance Ih a transaction caato9 We u Char g s. se We the c om Average Daily Balance ilhcludin? new transactions) method oT talc lating the balance upon which we impose Periodic Finance epu the RVeragge DafflV Balan a for each transaction cate0 by adding up all the dally balances in a bluing period for a transaction cateDOry and dividing the total by the number of da in the bTllg Period. vve ?omDUte the daily balance for each transaction category on each d rs ad in the ollowing to a revious da 's all balance: nsacUons with a Transaction Date of that daV as shown on your billing 'tat m unless tl?e Vansactionls posteato your Account after the close of the'blilina period in which it occurs In Vdhlrh rasp rr,P LU the Fee which has For TDD (Telecommunications Device for the Deep assistance, please call 1-800-347-7449. 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# 7957629 Gretchen G. Sortzi '6011298697564973 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff +~ FlL~D- ~~ ri ~E n r r ,~ n'rt ~ nTA.RY Jody S Smith Chief Deputy Edward L Schorpp Solicitor ZQlQ JAI t 3 ~f~ !0~ 2u CU~~°~~ ;~,~ -;,;T~, - - ~~ ~ F d u;: i.11 `r`v,. Discover Bank vs. Gretchen G. Sortzi Case Number 2010-224 SHERIFF'S RETURN OF SERVICE 01/08/2010 07:05 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on January 8, 2010 at 1905 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gretchen G. Sortzi, by making known unto herself personally, at 3 Wexford Drive, Enola Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 January 11, 2010 SO ANSWERS, NY R ANDERSON, SHERIFF BY ,,,~-_ De eriff ,. 7:~'Y. Ir;a:. ~~ DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~• DOCKET NO.: 2010-224 GRETCHEN G. SORTZI, Defendant C1VII., ACTION NOTICE TO PLEAD v ~ -;~ -`' ,., ~ w " m [~-- TO: Discover Bank ~ c ~a~ c% James C. Warmbrodt, Esquire ~ ~ - ~. ~~ ~ -~~ ~ ,r WELTMAN, WEINBERG & REIS, CO, L.P.A. .~. w ~ ~ J 436 Seventh Avenue, Suite 1400 ~ c~ Pittsburgh, Pennsylvania 15219 °p '"~ You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted, Rominger & Associates Date: / U ~~ ~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court 1D# 81924 Attorney for Gretchen Sortzi DISCOVER BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO.: 2010-224 GRETCHEN G. SORTZI, Defendant CIVIL ACTION PRELIlI~IINARY OBJECTIONS AND NOW, comes Gretchen G. Sortzi, by and through her counsel, Karl E. Rominger, Esquire and in support of her Preliminary Objections, avers as follows: 1. The complaint filed in this matter lacks a verification in compliance with Rule 1024 of the Pennsylvania Rules of Civil Procedure. 2. The signor is not the plaintiff nor an agent of the plaintiff. 3. No reason is given why the plaintiff failed to sign, nor how the signor came to have personal knowledge of the facts alleged. WHEREFORE Defendant requests the complaint be dismissed. Date: 1 Respectfully Submitted, Rominger & Associates Kar .Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Gretchen Sortzi DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO.: 2010-224 GRETCHEN G. SORTZI, Defendant CIVIL ACTION CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Preliminary Objections upon the following by depositing the same in the United States mail, first class, postage pre-paid, addressed as follows: James C. Warmbrodt, Esquire WELTMAN, WEINBERG & REIS, CO, L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, Pennsylvania 15219 Date: ~ D ' Respectfully Submitted, Rominger & Associates Karl'E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-b070 Supreme Court ID# 81924 Attorney for Gretchen Sortzi ,- --~ .i PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) ------------------------------------------------------------------------------------------------___--------- G4 ~ ~~ CAPTION OF CASE (entire caption must be stated in full) ~ ~.~ C"" ~~ DISCOVER BANK -- ~ '~ i _`'` ~ -, ' ' -rr VS. ... _ . r r, GRETCHEN G. SORTZI v ~s No. 224 2010 _ ,.' . T `~ ~.;:_ e~ 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to.~i ~~'' complaint, etc.): Defendant's Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Lyndsay E. Rowland, Weltman, Weinberg & Reis (Name and Address) 1400 Koppers Building, 436 7th Avenue, Pittsburgh Pa 15219 (b) for defendants: Karl Rominger, Rominger & Associates (Name and Address) 155 South Hanover Street, Carlisle PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date:o~~~ G ~ ~ ~~a~~ ~,,~ ~ ~ Print liouf'name Date: ~ / INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. R ~ 1 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Praecipe has been sent to the following parties by first class, U.S. Mail, postage prepaid, this ~ day of , 2010, as follows: Karl Rominger, Esquire Rominger & Associates 155 South Hanover Street Cazlisle, Pa 17013 Lyndsay E Rdwland, Esquire Pa. I.D. # 5520 WELTM , WEINBERG, & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 DISCOVER BANK, Plaintiff vs. GRETCHEN G. SORTZI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-224 CIVIL IN RE: PRELIMINARY OBJECTION OF DEFENDANT BEFORE HESS, P.J. AND EBERT J. ORDER AND NOW, this zz~' day of October, 2010, upon consideration of the Defendant's Preliminary Objection to Plaintiff s Amended Complaint and the briefs of the parties and following argument thereon, it is ordered that the Defendant's Preliminary Objection is DENIED and it is further ordered that the Defendant shall have twenty (20) days from the date of this order in which to file it's Answer to Plaintiff's Complaint. BY THE COURT, ~dsay E. Rowland, Esquire For the Plaintiff ~l E. Rominger, Esquire For the Defendant :rlm ~~/rD `l~C ~~ C q ~ ~~ O ~ ~~ ~ ~o a ~d cn , Ar =q ~~ ~ o~ ~ a a ~ ~ ~ -~ DISCOVER BANK, Plaintiff V. GRETCHEN G. SORTZI, Defendant DOCKET NO.: 2010-224 CIVIL ACTION ANSWER TO AMENDED COMPLAINT AND NOW, comes Gretchen G. Sortzi, by and through her counsel, Karl E. Rominger, Esquire and in support of her Answer, avers as follows: AMENDED COMPLAINT 1. Denied, strict proof of the same is demanded at trial. 2. Denied, strict proof of the same is demanded at trial. 3. Admitted. 4. Denied. Conclusion of law. _ F IC.. ?-QF F I -f U..; c1 1¢'' 12 P1`1 3:':Pf F F COURT OF COMMON PLEAS OF '' 3 `4 ' "'vIBERLAND COUNTY, PENNSYLVANIA COUNT I- BREACH OF CONTRACT 5. Requires no answer. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied, strict proof of the same is demanded at trial. 10. Admitted. 11. Denied, strict proof of the same is demanded at trial. 12. Admitted. 13. Denied, strict proof of the same is demanded at trial. 14. Denied, strict proof of the same is demanded at trial. 15. Denied, strict proof of the same is demanded at trial. 16. Denied, strict proof of the same is demanded at trial. 17. Denied, strict proof of the same is demanded at trial. 18. Denied, strict proof of the same is demanded at trial. 19. Admitted. WHEREFORE, Defendant request judgment in her favor and against Plaintiff. COUNT II - UNJUST ENRICHMENT 20. Requires no answer. 21. Admitted. 22. Admitted. 23. Denied, strict proof of the same is demanded at trial. WHEREFORE, Defendant requests judgment in her favor and against Plaintiff Respectfully Submitted, Rominger & Associates Date: Kaff E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Gretchen Sortzi DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO.: 2010-224 GRETCHEN G. SORTZI, Defendant CIVIL ACTION CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Answer to Amended Complaint upon the following by depositing the same in the United States mail, first class, postage pre-paid, addressed as follows: James C. Warmbrodt, Esquire WELTMAN, WEINBERG & REIS, CO, L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, Pennsylvania 15219 Date: ?t Respectfully Submitted, Rominger & Associates Kar . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Gretchen Sortzi '74 S- 7 6 2Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA e r NO. 2?-q-20 10 y GI'C' tG? en V ?o /' ( Z 2'? rri rn ND f ACM 1-4 r-Z d x cQ 3 2 c- RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially iT a Following form: cD PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: LQ- 't Lm x t(-"^ , X21 . counsel for the Iainti ertE in the above action (oractiam), respectfully represents that: 1. The above-captioned action (opw/iem) is (am) at issue. m 2. The claim of plaintiff in the action is $ 44 ?-SFl. 3 CAI's 301 &P-eb The counterclaim of the defendant in the action is -- ?? O919 1 1q) AS I The following attorneys are interested in the case(s) as co 1 or are otherwise disqualified to sit as arbitrators: /- M • ?z?..; '9j ' 4, ?I?,:,, ?" WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, l y F? P?G. •.T T ORDER OF COURT AND NOW, petition, 200____, in consideration of the foregoing Esq., and Esq., and captioned action (or actions) as prayed for. Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY I I CERTIFICATE OF SERVICE A true and correct copy of the Petition for Appointment of Arbitrators, for an f Arbitration Hearing, has been served by First Class Mail, postage pre-paid, on /" day of IL M?k 1 2010 upon the following: KARL, ROMINGER, ESQUIRE ROMINGER & ASSOCIATES 155 SOUTH HANOVER STREET, CARLISLE, PA. 17013 By. ?? ;? j Wq4 -762Q IN THE COURT OF COMMON PLEAS OF ? S J?c' ? ?Gtn CUMBERLAND COUNTY, PENNSYLVANIA _ ; ; ?w ? ? ca r 1 ( L' G en (i' So/ ! Z' X--tJ C-) - r-- ?r- 1 , al:? 1C) "L7 C -n CD-n ULE 1312-1 r1o The Petition for Appointment of Arbitrators shall be substantially 11I 115i :Z C:3 3 CD r n Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ?2' 1 . ?LM / x c r-A" , 1-2? - counsel for the lainti in the above action (or-eetimo respectfully represents that: 1. The above-captioned action O is (50) at issue. a 2. The claim of plaintiff in the action is $ 4-) , 36 ?? Q?l The counterclaim of the defendant in the action is - &4-96T I The following atto7r)n)eys are interested in the case(s) as couns 1 or are erwise disqualified to sit as arbitrators: - ?II (k d ??'^^gzr WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, O?/v ORDER OF COURT NOW, Q1L-p?J 20r-6. in consideration of th? foregoing petition, g y !/a J Esq., and 7 Esq., and y C . Esq., are appo ted arbitrators in the above >-- captioned action ( actions) as prayed for. ??-, -:?; -, ' By the A4 n1 tt / / W . nZO?.CZe1(? /?? K .Itvrnc vL a, Q> CD -j0- C-) LAJ w Lt = Cn ,J s CERTIFICATE OF SERVICE A true and correct copy of the Petition for Appointment of Arbitrators, for an Arbitration Hearing, has been served by First Class Mail, postage pre-paid, on f ' day of a?giR-- , 2010 upon the following: KARL ROMINGER, ESQUIRE ROMINGER & ASSOCIATES 155 SOUTH HANOVER STREET, CARLISLE, PA. 1.7013 By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, Plaintiff, V. GRETCHEN C SORTZI Defendant. CIVIL DIVISION NO: 10-224-CIVIL TERM -? r NOTICE OF INTENT TO OFFER DOCUMENTS INTO EVIDENCE PURWAT?T TO RULE 1305 FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Sarah E. Ehasz, Esquire Pa. I.D. # 86469 WELTMAN, WEINBERG, & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 WWR# 7957629 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, CIVIL DIVISION Plaintiff, NO: 10-224-CIVIL TERM V. GRETCHEN C SORTZI Defendant. NOTICE OF INTENT TO OFFER DOCUMENTS INTO EVIDENCE PURSUANT TO RULE 1305 AND NOW, comes the Plaintiff, DISCOVER BANK, whom intends to offer the documents listed below at the arbitration of the above referenced matter, in the manner provided by Rule of Civil Procedure 1305. The following documents have been provided to the Defendant via Plaintiff s Amended Complaint as well as Plaintiff's Request for Admissions sent to the Defendant on or about December 6, 2010. 1. Discover Card Member Agreement. 2. Statements from Discover Card Account xxxxxxxxxxxx4973 dated November, 2003 through October, 2009. 3. Changes in Terms associated with the Defendant's Account. Resp ctfulllly Submitted, Sarah E. Ehasz, Esquire Pa I.D. # 86469 WELTMAN, WEINBERG, & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 WWR# 7957629 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within 1305 Notice has been sent to the following parties by first class, U.S. Mail, postage prepaid, this. day of , 2011, as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 r? -t!! ?e? , Sarah E. Ehasz, Esquire Pa. I.D. # 86469 WELTMAN, WEINBE ,& REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 WWR# 7957629 DISCOVER BANK Plaintiff GRETCHEN G. SORTZI Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 2010- 224 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States ankhe Constitution of this Commonwealth and that we will discharge the duties of our office Signature Signature Signature David A. Fitzsimons Name (Chairman) Martson Law Offices Law Firm 10 East High Street Address 355 N. 21st Street Address Craig E. Kauzlarich Name Abom & Kutiilakic Law Firm 2 West High Street Address Carlisle, PA 17013 Camp Hill, PA 17011 Carlisle, PA 17013 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they she separately stated.) ba % td,,?, owe i 1 ?( !???m s c?rnrnc-?r . rn ARc? 3?. ?v?t 09! VA021nm's W'"- Q-6 Date of Hearing: %D,-k5 2xzk) Date of Award: ?-&a\ Elizabeth Goldstein Name Law Firm Notice of Entry of Award Now, the 0,5? day of __,20// , at , /0 .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 3_!<0.0e By: - a ?u I Prothonotary Deputy %,ajtq? . Arbitrator, dissents. (Insert name if `?? Yi F 14i I HON" O i fl ' 7.011 FEB 25 PM 2: 14 CUMBERLAND "'OU"T"' PENNSYLVAMIP? ? ? nlcs ?? lt?ct?m ,6rn A/r? ?? ?pcs ?/mod o2la-k?e ?y G IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA _-4 CIVIL DIVISION »? ' > cr te' k-0 a DISCOVER BANK r-= -4(-:7) Plaintiff v o r vs. Civil Action No. 2010-224 -a C-7 GRETCHEN G SORTZI Defendant PRAECIPE FOR JUDGMENT ON AWARD OF ARBITRATORS TO THE PROTHONOTARY: Enter Judgment against Defendant, GRETCHEN G SORTZI, on the Award of Arbitrators in the amount of $9558.36, computed as follows. Amount on Award of Arbitrators $9558.36 Interest FROM DATE OF JUDGMENT at the legal rate of 6% per annum $0 TOTAL: $9558.36 Attached is a copy of the Arbitration Award in favor of Plaintiff for Judgment WELTMAN, WEINBERG & REIS CO., L.P.A. By James C. brodt, PA I.D. #4 52 WELT EINB 1400 Kop ers uildin, 436 Seve th venue Pittsbur . A 15219 Esquire & REIS CO., L.P.A. (412) 4P/955 Q ? .114.0) Pa a*1 eIL.a s 1 low $a WWR#7957629 ? *- oQ SQ S-12 Plaintiff s address is: \vb',i Ce Mo? c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is:3 WEXFORD RD, ENOLA, PA 17025 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Apr-01-2011 06:33:49 Last Begin Active Duty Active Duty End Service Name First/Middle Date Status Date Agency Based on the information you have furnished, the DMDC SORTZI GRETCHEN does not possess any information indicating the individual G status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Service Members 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 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 is on active duty, 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 http://www.defenselink.mil/fag/pis/PC09SLDR.htmi. If you have evidence the person is on active duty 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). https://www.dmdc.osd.miI/appj/scra/popreport.do 4/1/2011 Request for Military Status Page 2 of 2 If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of-contact. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days 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 TARs, Marine Corps ARs and Coast Guard 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) for a period of more than 30 consecutive days. 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. 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 SCRA extend beyond the last dates of active duty. Those who would 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 name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: M6TADQFGRU https://www.dmdc.osd.mil/appj/scra/popreport.do 4/1/2011 DISCOVER BANK Plaintiff GRETCHEN G. SORTZI Defendant Elizabeth Goldstein Name Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States he Constitution of this Commonwealth and that we will discharge the duties of our office Signature Signature Signature David A. Fitzsimons Name (Chairman) Martson_ Law Offices Law Firm 10 East High Street Address 355 N. 21st Street Address Craig E. Kauzlarich Name Ahom & Kuril aki g Law Firm 2 West High Street Address Carlisle, PA 17013 Camp Hill, PA 17011 Carlisle, PA 17013 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they se separately stated.) n,T C pl ?iC' StQ LTK r L¢ ,L1? `( i=on- W l x vozm tks c-N`1 T+rtio -\ Ar, (Zi1M-s ?v Q-6 Date of Hearing: %p,.)X5 Z)Zkl Date of Award: b?S 7-01 _ Law Firm In The Court of Common Pleas of Cumberland County, Pennsylvania No. 2010- 224 Civil Action - Law. i . Arbitrator, dissents. (Insert name if applicable.) Notice of Entry of Award Now, the 5' day of -.,20// , at , /0 .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their att sCOPY FROM RECOPD In 16sWn0ft whMd. I We unto set rhand Arbitrators' compensation to be paid upon appeal: $ 3?? . L2 d MW " aw of am Co?rm? Carwa. Pa. plpthonotary By: Prothonotary Deputy „ , J_ D7gr762I