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Home My WebLink About10-1973 OF TN` Po°C?'C',to p 2010 MAR 19 Pm 1: 05 Cv? N RY IN THE COURT OF COMMON' PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: (? 193 CtV???f? VS. COMPLAINT IN CIVIL ACTION RALPH ARENA 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 08099658 C A Pit KMJ O 01. DO PA OW cr-+ W43s-(0`1 P-T*439! to`J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No RALPH ARENA 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: RALPH ARENA 21 W NORTH ST APT 2 CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7485 4. Defendant made use of said credit card and has a current balance due of $6116.86 , as of January 09, 2010 . 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 10.24001 per annum on the unpaid balance from January 09, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 11111 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 , RALPH ARENA individually , in the amount of $6116.86 with interest at the rate of 10.240% per annum from JanuAry 09, 2010 plus attorneys' fees of $125.00 , and costs. James C. armbrodt,42524 WELTMAN, EINBERG & REIS CO., L.P.A. 436 Sev n h Avenue, Suite 1400 Pittsb , PA 15219 (412) 3 -7955 FAX: -338-7130 08099 5 C A Pit KMJ This law firm is a debt collector attemp4 g to collect this debt for our client and any information obtained 11 be used for that purpose. DlSC(_)V ER $0.00 $1,012.00 Enter Amount Enclosed Below CARD - Payment Due Date January 26, 2010 31 SDSN6A01 0003878 RALPH ARENA 21 W NORTH ST APT 2 CARLISLE PA 17013-2339 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 Ilia lIIll ???rll?rrrllIIIall CAROL STREAM IL 60197-6103 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. 000001986458479633709000000000000000101200 Discover More Card Account Summary Closing Date: December 31, 2009 page 1 of 1 Account number ending in 7485 Previous Balance $6,116.86 Payment Due Date January26, 2010 Payments And Credits 6,116.86 Minimum Payment Due $1,012.00 Purchases + 0.00 Credit Limit $5,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $1,300.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance = $0.00 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Month: September How Can We Help You? {? 1. Visit Discover.com to pay your bill for no cost, view our l t t A i f d It's your choice - 3 ways to help a es ccount n ormation, earn an redeem rewards and more 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 For TDD (assistance for hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Dec 31 Dec 31 INTERNAL CHARGE-OFF $ -6,116.86 EXHIBIT Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 6 days Purchases $0 0.02805% 10.2430 V 10.24% $0 $0 Cash Advances $0 0.05751% 20.99% F 20.99% $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 Information. See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account o Lost or stolen cards. Report Immediately! Call 1-800-347-2683. Cn Blliln Rlr Summary. In Case of Errors or Questions About Your Bill: If Vou think Your bill is wrong, or if you need more Information about a trans?ctioh orn Yvoour bill, write to us on a separate sheet of paper at Discover Card PO Box 30421 Salt Lake r,1% UT 84130-0421 as soon as possible. We Olt hear from you no later than 60 days attar we sent you the first bill on which the error or problem appeared. Vou can telephone D ° o us but doin so will not reserve our rights. In your letter, give us the following Information: • flour naml and AccounRt numbW o m • The dollar amount of the suspected error • Describe the error and explaih, if you can, why you believe there is an error. IT you need more information, describe the item you are unsure 00 N Youudo not have to ppaaYy an amount in question while we are invests atip, but you are still obligated to paV the parts of your bill that are not in question. While we Imlestidate your question, we cannot report you a3 definquerft or take any action to collect the amount you question. X S al Rule for Credit Card Purchases: If you have, a problem with the quality of Dods or services that vau ppurchased with a credit card, and , u have tried in Dori faith to correct the roblem with the merchant, you ma not nave to pa the remaint{n amount due on the Dods or services. tate or withi ii 100 miles of u h d i Y c g n yo ome s e r the purchase v as ma hase price was more than S50 and ction only when the pur You have this prot yyopur mailing address. (IT we own or oDDe ate the merchant or iT we mailed you the advertisement for the goods or services, all purchases are covered Fegardlas, oT the amount or location of purchase) Payments. Send onl your a ment and theC top ?Qoprtlon of this statement In the envelop? provided. Do not send cash. By sendinQ yvoour check as oouy3utho?iz? us to use iniorfYiation on your check to make an electronic fund transfer from your account at the financial described above , vv Institutionindicsted on yyoour check or to DDrocess the payment as a check transaction. If ayment is processed as an electronic fund transfer, the transfer will be for the amount of the chrtek. When we use Information from your check Po make an electronic fund transfer funds may. be ou will not receive your check back )rom your financial and ment we receive our a th d y , y p y e same ay withdrawn from your account as soon as institution . The processing oof Your ment ma be delayed If you send cash correspondence or other items with your a ment, if u send the payment to any othr addres or Tf ?o?Ipause an envXI )a othbr thaff the one provided. Payments received on or after 1 PM at Er proce sing facility idofidav or on a 3veekend or bank holidayY will be posted to Your Account as of the next business dal If yyopu have misplaced your envelope h Frida thiou ggg y send Your payment to Discover Bank, PQ Box 6T03 Carol, Stream, IL 60197-6103. Please allow 7-10 days fir delivery. If your paymefft is returned ht to resubmit it as an electronic debit e reserve the ri i g un a , w You can payypur minimum payment or a rester amount over the telephone, and You can set uD automatic payments. Call us at 1-800-347-2683. You will need tlBS statement arSd your bank acount information. You must ensure that sufficient funds are available in your bank account and all You will be asked to provide the first 5 digits of your account statement zip code. By entering those law with U S ust ?om l ti t . . . ransac ons m yv Dp numbers as your eleCtrorS1 si nature, you will be aslreein to this authorization to allow us and your bank to deduct each ant you authorize from yyoour bank account and ?o initiate debit or creDit envies to your bank account as apppiicabfe, to correct an error Ir th rocess n of such ? alance on payment You must tell us the amount of each payment or you can select an amount such as the Minimum Pa ment Due or a New each statement You can canal a pa ent, however we must receive notice at least three business days in aRance of the scheduled payment You ma notify us ?y Dhp?one at 1-800-34T-2683 or ?vy mail at the address listed in the previous paragraph. 0 your vmants vary in amount, we will tell ?oitvon each mdnthI statement when your ayAiant will be made and how much R will be. Youf automatic p yrfient amount may be less than p n credits or payments applied during the billing cycle. indicated on the mAthly statement based i Credit Reoorttno We Mal re rt information about flour account to credit bureaus. Late paYtnants, missed payments, or other defaults on Your account niav be rellxted in ypoour credit report We normally report the status and pa merit history of four Abcbunt to credit reportin a enCies each 91965V6316. ?lchat oaf include re your is fnacc rate or incom eTee' lease write us at thie followin address. Discover Card, PO Brix 153 glNilmington. Pour name, address, home t glep h o n a number and Account numt?er. Grace Period on Purchases (at least 25dy? ). We begin to impose Periodic Finance Chargges on all transactions from the Transaction Date for the transaction as shown on your billin statement, unless a transaction is posted to your AccoRt after the close of the billing eriod in which it occurs, in which case webegin to impose ?eriidic Finance Char as on that transaction Trom the first day of the billing period in WPiich It Is posted to your Account We continue to impose Periodic Finance Charge3 until the date you pa your entire New Balance, by Making payments or receiving credits. However, If u paid the New Balance on your previous billin statement by tM ment Due Date shown on that bimrl "statement and You pa the New Balanc by the Payment Due Date on vvoouY current billin statement we will n?t impose Periodic Finance Charges r new purchases, that?s, Durchases first appearing on the current biking statement W1 call this the "grace periu There is no grace ped2on balance transfers or cash advances. a IMeinitmumS inanceiCer a. lse be imph eae you a minimum FINANCE CHARGE of $.50 for any billing period in which Periodic Finance Charges of An mud Fee. If Yyour Account has an annual fee, it will be billed at the beginning of each anniversary yveear ur Account is open. The amount of the fee apppeears on the statement when the fee is billed. The annual fee is not refundable unless You hotifV,us that you wish to close your Account within 3a days of the mailing or delivery date of the statement on which the fee is billed. You will receive this refund even if you use your Card during that period. Periodic Finance Charoes We sort your transactions into groups of Durchases, cash advances and balance transfers and then further sort the transactions within eaclf roue by their Annual Percents9e (fate. For example purchases sub act to a oromotfonal rate and purchases subject to a standard rate would be s? rate grou s. We refer to these roups as transaction cateoodes. bt the ens of each billin period, we comput6 balances and Periodic Finance Chases for eacPi day of the billing ptiod Tor each transaction Category. We use the following ?quation to compute Periodic Finance Charges for each ansaction category (Average Daily Balance) times (days in billing period) times (Daily Periodic Rate). (You maV refer to the finance charge ?4n ummaN on rbn statement for thesamounts) Then add up the Periodic Finance Charges for each ransactin cateooto ee totaPridic Finane Chare for your Accot The Average Gaily lance is shown as zero Ii, because of the grace period, no Periodic inace Chaes a Ito the blne a trnsaction tWe use the AveDBalne ng new transctions) method cclatin the balancupon which we imp se Periodic Finance Char esWe tom uvea DaBance oeach transaction cateOaddirfup all the dally balances in a billing period for a transpcUtand dividin the tathe nmber of dain the bhqq iod. 4e compute the dailbalance for each transacon category on each dirsaddin thellowia to the pre vious da s Carly balance: ttansa?Uons with a Transactiors Date of that day as shown on your tiuu?., er?t? ? „name r fr?ecnMinn'Sc nnefalf to your d rnun, Sft.r the ehxe nt the hiiilnn o rind (n Which it occurs. in which case the as i$ first day of the t;lifri9g ppeeriod, we coOder the t day of your previous 0!IIIn rind. the excepptio of Cash Adva?Ce Transaction Fee ce Transfer Transaction Fee Finance Charges which we move the unpaid balance of the balan e saction catenorv_ However if the soecial rate has we 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# 8099658 Ralph Arena 485 ,. 2~l~ i~'I" ~~i Pik 3~ 5~ IN 'T'HE COURT OF COMMON PLEAS OF CUMBERLAND COtIN"I'Y, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. RALPH ARENA Defendant(s) No. ]0-1973 CIVIL'['ERM PRAECIPE TO SET"TLE, DISCONTINUE AND END WITHOUT PRE.IUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF "THIS PARTY: Lyndsay E Rowland, Esquire PA LD. #205520 WELTMAN, WI3INBERG &r, REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 {412)434-7955 WWR#8099658 DIS IN TIIE COURT OF COMMON PLEAS CUMBF,RLAND COUNTY, PF,NNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff ~~s' Civil Action No. 10-1973 CIVIL TERM RALPH ARENA Defendants} PRAECIPF, TO SET"I'LE DISCONTINUE AND F,ND WITHOUT PREJUDICE TO REFILE TO THh: PROTHONOTARY OF Cumberland COUN'I~Y: SIR Kindly settle, discontimie and end without prejudice to refile the above-captioned matter upon the records of the Court and mark the costs paid. WELT~(VIAN~ WEINBF.,RG & REIS CO., L.P.A. By. Lyn sa' . Rowland, E uire PA I.D #205520 WELTMAN, WEINBE G & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh; PA 152 ] 9 (412) 434-7955 SWORN "I'O AND SIIBSCRIBL;D before me this o~p~ __ day t~f _- c ~ ~ --> ~o l o N TARY LIC COMMONWEALTH OF PENNSYLVANIA NoO~dM $sel WOn41y 4.4ewlt, NdauY Public Glty~~Pf ~ h, AlleplwnY Ca-MY J 16, 2010 MembeF, !RR ~fl d AetOC1Y110n NOta~les