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HomeMy WebLinkAbout12-3550OuT File No.: 340409 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK c/o DB SERVICING CORPORATION 6500 NEW ALBANY RD NEW ALBANY OHIO 43054 Plaintiff, vs. HOWARD E WEIGEL 911 SHIREMONT DR MECHANICSBURG, PA 17050-2156 Defendant. rri ?f ?-- COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: /a - 3550 Oiva I xr, NOTICE r -l Q J C- C t rrt _?' 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 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 O -4103.q5 PO A" ( ?s 011 Our File No.: 340409 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK c/o DB SERVICING CORPORATION 6500 NEW ALBANY RD NEW ALBANY OHIO 43054 Plaintiff, vs. HOWARD E WEIGEL 911 SHIREMONT DR MECHANICSBURG, PA 17050-2156 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is Discover Bank ("Plaintiff'), a Delaware State Bank and issuer of the Discover Card. 2. Defendant(s) is/are HOWARD E WEIGEL, an adult individual residing at 911 SHIREMONT DR MECHANICSBURG, PA 17050-2156. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK, issued to Defendant(s), Account # ending in 1536. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $6,810.20. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $6,810.20 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & AS CIATES, P.C. Attorney f Pl tiff A Law Firm En2a? d in ebt Collectim BY: David J. Apothakr Esquire Dated: 5/22/2012 Our File No.: 340409 VERIFICATION I, David J. Apothaker, Esquire, hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities that I am counsel for Plaintiff in this action, that I make this Verification based upon the facts as supplied to me by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court, and that the facts set forth in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. APOTHAKER A SOCIATES, P.C. Attorn fo Plaintiff A Law Firm En aize in Debt Collectioi BY: David J. ApoNaker, Esquire DATE: 5/22/2012 New Balance Minimum Payment Due DISCOVER $6,810.20 $756.00 Payment Due Date April 4, 2012 09 SDSN6A01 0007540 HOWARD WEIGEL 911 SHIREMONT DR MECHANICSBURG PA 17050-2156 Account Number ending in 1536 Enter Amount Enclosed Below Tod APP to DISCOV• to receive a link to our free moble app and pay your bill In seconds from anywhere! PO BOX 71084 Ill+nllu+lltulnlnn+lll CHARLOTTE NC 28272-1084 Address, e-mail or telephone change4 ?nlrllnnln??nllntlu?niutil1iunlululrrllulnlnlr1r,ll Go to www.Ditc~.com or print change in space above. opening uafe: reuruary iu, Lu tz - uosing vote: me Discover More Card Account Summary Account number ending in 1536 Previous Balance $6,810.20 Poyments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 New Balance ,810.20 See Interest Charge Calculation section following transactions for detailed APR information Credit Una $7,100.00 Credit Line Available $0.00 Cash Advance Credit Line $4,700.00 Cash Advance Credit Line Available $0.00 rch 9, 2012 page 1 of 2 Payment Information New Balance $6,810.20 Minimum Payment Due' $756.00 Payment Due Date April 4, 2012 'Includes post due amount of $619.00 Late Payrnerit Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a kite fee of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 17.99% variable. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off??your balance. For example: _:::$T 1 •Yit:$ Only the minimum 9 years $6,810 payment Ca5 ck BonuSe Anniversary Month November Opening Cashback Bonus Balance $ 0.00 New Cashbock Bonus This Period + 0.00 Cashbadr Bonus Balance $ 0.00 To learn more, log in at www.Discover.com 3 Easy Ways to Contact Us I . Access your account securely of www.i)iwaver.com 2. Cal 1.800-DISCOVER (1.800.347-2683) Please have your Discovers card available. 3. Write to us at Discover PO Box 30943, Soft Lake City, UT 841 k (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Carol Stream, 1 60197-6103 For TDD (Telecommunications Device for the Deal) assistance, please call 1-800.347-7449. If you would like information about credit counseling services, call 1-800.347-1121. Manage Your Account Online at www.Diuover.com • Access free online tools like Paydown Planner to create a plan to pay down your balance, securely access statements, pay bills online and easily track all transactions • Make your money worth moresm -find easy ways to earn and redeem cash rewards • NEW[ Access your account securely through your mobile phone Transactions Trans. Post Date Date Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2012 Totals Yeah-to-Date TOTAL FEES CHARGED IN 2012 $ 0.00 TOTAL INTEREST CHARGED IN 2012 0.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION MSCOWK Paperless statements mean less clutter, more convenience Easily access up to 24 months of downfoodable, password protected statements. • See your statement as soon as irs available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through e-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. • Sign up today at Discovenvom/paperless 02010 Discover B.A. Member FDIC 5 PAPER.0310 rn Q rn Z D 0 0 0 O V O QUeStiOns? Visit www.Discover.com or«OVER call 1-800-DISCOVER (] -800-347-2683). It pays to DISCOVER L MCCIV HOWARD WEIGEL Account number ending in 1536 E171 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rafe (APR) is the annual interest rate on your account. Current Billing Period: 29 days TYPE Of BALANCE AN fPERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RA WR) ? RATE Purchases 12.99% V $0 $0 Cash Advances 23.99% V $0 $0 V = Variable Rate Additional Important k ier oration See your Cardmsnsber AgroemeM Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immedtatelyl Cal 1-800-347.2683, What To Do N You Think You Find A Mistake On Your Statement if you think there is an error on your statement, write to us at: Discover, PO Box 30421, Salt Lake City, UT 84130-0421. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount. The dollar amount of the suspected error. • ri tion of Problem IF you think there is an error on your bill, describe what you believe is wrong and why you believe it is o mists e. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge In question de remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we ma a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. • While you do not have topay the amount in question, you are responsible for the remainder of your balance. • We can apply arty unpaid amount against your credit limit. Your lQiahts if You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the "'a ing must be true: 1. The purchase must how been made in your home side or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Nate: Neither of these are necessary if your purchase was based on an advertisement we mailed to you , or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check Thal accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above am met and you are still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Salt lake City UT 84130.0945 While we investigate, the some rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payments. You may ppaay all or part of your Auount balance ar any time. However, you must pay at least the Minimum Payment Due by the Payment Due Dote. Send only your payment and the top portion of this statement in the envelope provided. D. not send cash. 8y sending your check as desenbed above, you authorize us to use information on your check ro make an electronic Fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund irvnsfar, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund hansfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you wit) not receive your check back from your financial institution. The processing of?oou r yme nt mbe delayed u send cashcorrespoece or ther emrov wf ur paymf you end the aher ddor n veloother thao pidPmereceived iour procing facility bx PM local time on any dayy will be erodifed to your AccouiM as of ay. Payments r fgcii r 5PM oc1 wicredto or Accout as of y. If you have misplaced your envelope, send your payment to Discover, PO Box 6103 Carol Sheam, Il 60197.6103. Phase allow 7.10 days for delwery. If your payment rs returned unpaid, we reserve the rig?it So resubmit it as an electronic debit. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DITCOM You can r monthly Minimum Payment Due, or a greater amount that does not exceed your current Account balance, over floe or you can setup automatic payments through a customer service ropresentatrve by tailing 1-800 347- 683. Automatic payments will be deducted on the Payment Due Date unless you request a recurring payment date (e. the 15th day of the month) that occurs before your Payment Due Dale. If your scheduled payment date falls on a week or bank holiday, your payment WIN be processed the business day prior to The weekend or bank holiday. In order to schedule monthly payments telephone, you will need this statement and your bank account information. You will be asked to provide the last Four (4 c ig?'{s of the social security number of the pnmary borrower. By providing those numbers as your electronic signature, you WIN be agreeing to this authorization to a" us and your bank to deduct each pa ent you authorize, in the amount selected byy you, from your bank account. You also authorize us to initiate debit or credit entries to your bank account, as ap?ieable, to correct an error in the processing of such payment. You can cancel a scheduled payment by phone at 1-804347-2683 or by merit at Discover, PO Box 30421, Sob Lake City, UT 84130.0421; however we must receive notice at bast three business days in advance of the scheduled payment. If your payments may vary in amount, we will tell you on each monthlyy billing statement when your payment will be made and how much it will be. You must ensure that sufficient funds are availakta in your bank account, and all transactions must comply with U.S. low. You can sat automatic payments for: (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed dollar amount, or (iv) a fixed dollar amount. If your scheduled fixed payment is not enough to cover the Minimum Payment Due as listed on your monthly billinngg statement, your scheduled payment for that month will be increased to cover the Minimum Payment Due. If the scheduled payment is greater than the Minimum Payment Due, any excess will be applied in accordance with your Cardmember Agreement. if ycwr scheduled payment is greater than the New Balance on your' biling statement, that payment will be processed only for the amount of your New Balance. Your automatic payment amount maybe less than the amount indicated on the periodic statement based on credits or payments after the Closing Dote. If you enroll by phone in our automatic payment service, please Fill-in the following blanks below and retain the authorization for your records. Amount: ? Full Pay ? Min Pay ? Min Pay + $ , ? Fixed P aY$ co Bank Routing #: ;Bank Account #: ; Frequency. Y Credit flepafin9. We may report information about your Account to credit bureaus. Late payments, missed payments, or ocher dsfaufta on your Aeeount may tea reflected in your credit report. We normally reporF the status and payment history of your AaouM to credit reporting agencies each month. if ou believe that our report is inaccurate or incomplete, please write ° us at the folbwirg addreu: Draco7, C) PO Box 15316, WYmingfon, DE 1 985453 1 6. Please indicate your name, address, o home telephone number and Aecourt number. Paying Interest: We begin to impose interest charges on a transaction fee or interest charge from the day we add it to the daily balance. We conFinue to impose interest charges until you pay & total amount you owe us. You can avoid paying 9 interest on Purchases as described below. However, you cannot avoid paying interest an Balance Transfers or Cash Advances. How to Avoid Paying Interest on Purchases 'Grace Period" It you pa tdhee Now a ante on your previous bbrr ng statement by the Payment Due Date shown on that billing statement, we wnN noT impose interest charges on new Purchases or any pofion of a new Purchase , paid by the Payment Due Date on your current bilBng statement. New Purchases are Purc?ases that first appear on the curre nt billing statement. How We Apply Payments May Impact Your Grace Period you o not pay your, NOW l; na nce in full each month, en, depending on the balance to which we apply your payment, you may not got a grace period on new Purchases. How We Calculate hrwest Charges • Daly Balance Method (including current transactions): We calculate interest charges each bill? period by first figuring the "dally balance" for each Transaction Category . Transoch Categories include standard Purchases, standard Cash Advances and different promotional balances, such as Balance Transfers. How We Figure the Daily Balance for Each Transaction Category • We start with the beginning balance for each day. The beginning balance for the first day of the billing period is your balance on the last day of your previous billing period • We add any interest charges accrued on the previous day's daily balance and any new transactions and foes. We add any new transactions or fees as of the later of the Transaction Date or the first day of the billing period in which the transaction or fee posted to your Account. • We subtract any new credits and payments. • We make other adjustments (including those adjustments required in the "Paying Interest" section). Now We Figure Your Total Interest Charges • We multiply the daily balance for each Transaction Category by its daily periodic rate. We do this for each day in the bilkrr?? ppeeriot. This gives us the interest charges for each Transaction Category. To get a daily periodic rate, we divirsa Fhe APR that applies to the Transaction Category by 365. • We add up all the daily interest charges. The sum is the total interest charge For the billing period. How we Mschrdo fees We add Balance Transfer Fees to the applicable Balance Transfer Transaction Category. We add Cash Advance Fees to the applicable Cash Advance Transaction Category. We add all other fees to the standard Purchase Transaction Cofegory. Balance Subject to Interest Rate. Your statement shows a Balance Subject to Interest Rate. It shows this for each transaction category. The Balance Subject to Interest Rate is the average of the daily balances during the billing period. Credit Balances. If your Account has a credit balance, the amount is shown on the front of your billing statement. A credit balance is money that is owed to you. You may make charges against this amount if your Account is open. We will send you a refund of any remaining balance of $1.00 or more after 6 months, or as otherwise required by applic?le law. For TDD (telecommunications Device for the Deaf) assistance, please toll 1-800-347-7449. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discover® cord is issued by Discover Bonk, Member FDIC RZNFE001 Questions? Visit www.Discover.com or call 1-800-DISCOVER (1-800-347-2683. DISCOVER DISCOVER CARDMEMBER AGREEMENT TL23J.1210 Thank you for choosing Discovere card. This Agreement explains the current terms and conditions of your Account. The enclosed Pricing Schedule is part of this Agreement. Please read this Agreement, including the Pricing Schedule, carefully. Keep them for your records. Contact us if you have any questions. We have included a "Definitions" section for your reference on page 4. ACCEPTANCE OF AGREEMENT You accept this Agreement if you do not cancel your Account within 30 days after receiving a Card. You also accept this Agreement if you or an Authorized User use the Account. You may, however, reject the "Arbitration of Disputes" section as explained in that section. CHANGES TO YOUR AGREEMENT The rates, fees and terms of this Agreement may change from time to time. We may add or delete any term to this Agreement. If required by law, we will give you advance written notice of the change(s) and a right to reject the change(s). We will not charge any fee or interest charge prohibited by law. USING YOUR ACCOUNT Permitted Uses You may use your Account for Purchases, Balance Transfers and Cash Advances. You may not use it for illegal transactions, Authorized Users You may request additional Cards for Authorized Users. You must notify us if you wish to cancel the authority of an Authorized User to use your Account. Joint Accounts If your Account is a joint Account: • each of you agrees to be liable individually and jointly for the entire amount owed on the Account; and • any notice we mail to an address provided by either of you for the Account will serve as notice to both of you. Checks If we provide you with Checks, we will tell you whether we will treat the Check as a Purchase, Balance Transfer or Cash Advance. You may not use these Checks to pay any amount you owe us. Credit Authorizations We may not authorize a transaction for security or other reasons. We will not be liable to you if we decline to authorize a transaction or if anyone refuses your Card, Check or Account number. Credit Lines We will tell you what your Account credit line is. You must keep your We may increase or decrease your Account credit line or your Cash Account balance below your Account credit line. If you do not, we Advance credit line without notice. We may delay increasing your may request immediate payment of the amount by which you exceed available credit by the amount of any payment that we receive for up it. We may establish a lower credit line for Cash Advances. to 10 business days. FEES (See your Pricing Schedule for Additional Fees) Late Fee If you do not pay the Minimum Payment Due by the Payment Due Otherwise, the fee is $35. This fee will never exceed the Minimum Date, we will charge you a Late Fee. The fee is $25 if you were Payment Due that was due immediately prior to the date on which not charged a Late Fee during any of the prior six billing periods. the fee was assessed. Returned Payment Fee If you make a payment that is not honored by your financial billing periods. Otherwise, the fee is $35. This fee will never exceed institution, we will charge you a Returned Payment Fee even if the the Minimum Payment Due that was due immediately prior to the payment is honored after we re-submit it. The fee is $25 if you were date on which the payment was returned to us. not charged a Returned Payment Fee during any of the prior six Returned Check Fee We will charge you a Returned Check Fee each time we decline to Check Fee during any of the prior six billing periods. Otherwise, the honor a Check. The fee is $25 if you were not charged a Returned fee is $35. This fee will never exceed the amount of the Check. Research Fee We may charge you a Research Fee of S5 for each copy of a billing statement or sales slip that you request. We will not charge this fee if you request copies in connection with a billing dispute. ©2010 Discover Bank, Member FDIC ANNUAL PERCENTAGE RATES ("APRs") (See your Pricing Schedule for the APRs, including Penahy APRs, that apply to your Account) Variable APRs Your Pricing Schedule may include variable APRs. These APRs are determined by adding the number of percentage points that we specify to the Prime Rate. Variable APRs will increase or decrease when the Prime Rate changes. The APR change will take effect on the first day of the billing period that begins during the same calendar month that the Prime Rate changes. An increase in the APR will increase your interest charges and may increase your Minimum Payment Due. Penalty APR When It Applies Rate that is in effect for the billing period in which you did not Each time that you do not pay the Minimum Payment Due by the pay the Minimum Payment Due by the Payment Due Date. Payment Due Date we may: • terminate any promotional APRs on new transactions; and EXAMPLE- Af6ume the fxo+rrokor?al?dEe fotUhases is 2.99% and the standbd ratelor Purbvs'is 35,91%'ff YOU Pray late, • increase your APRs for new transactions to Penalty APRs. the rate for anew Purchases cddd increase up to a va iabk rate We will not apply a Penalty APR to Cash Advances. J; ?099% How It Affects Your Account We Will Notify You To determine the variable Penalty APR for a new transaction: We will notify you of the date a Penalty APR will take effect. The • We add up to 5 additional percentage points to the otherwise Penalty APR will only apply to new transactions with a Transaction applicable APR. Date more than 14 days after we provide the notice to you. • We set your Penalty APR based on your creditworthiness and other We May Reduce It factors. These factors include your current APRs and Account history. We will review your Account from time to time as required by law • When we first determine the Penalty APR, we use the Prime to determine if any Penalty APR should be reduced. MAKING PAYMENTS Payment Instructions • You must pay us in U.S. dollars. All checks must be drawn on • We can accept late payments, partial payments or payments funds on deposit in the U.S. marked "payment in full" or with any other restrictive • You must pay us for all amounts due on your Account. This endorsement without losing any of our rights under this includes charges made by Authorized Users. Agreement. • We may refuse to accept a payment in a foreign currency. If we • We credit your payments in accordance with the terms do accept it, we will charge your Account our cost to convert it contained on your billing statement. to U.S. dollars. • If you mail your payment to an address other than the address designated on your billing statement, there may be a delay in processing and crediting the payment to your Account. Minimum Payment Due You may pay the entire New Balance shown on your billing statement • any Interest Charges and Late Fee shown on your billing at any time. Each billing period you must pay at least the Minimum statement, plus $20. Payment Due by the Payment Due Date shown on your billing The Minimum Payment Due may also include amounts by which statement. The Minimum Payment Due will be any amount past due you exceed your Account credit line. However, it will never exceed plus the greater of: the New Balance. When we calculate the Minimum Payment Due, • $40; we may subtract from the New Balance certain fees added to your • 2% of the New Balance shown on your billing statement (plus Account during the billing period. The Minimum Payment Due is $40 if the New Balance includes a Balance Transfer balance); or rounded up to the nearest dollar. How We Apply Payments We apply payments and credits at our discretion, including in a billing period, we will generally apply amounts you pay that exceed manner most favorable or convenient for us. In all cases, we will the Minimum Payment Due to balances with higher APRs before apply payments and credits as required by applicable law. Each balances with lower APRs as of the date we credit your payment. INTEREST CHARGES How We Calculate Interest We calculate interest charges each billing period by first figuring • We make other adjustments (including those adjustments Charges-Daily Balance the "daily balance" for each Transaction Category. Transaction required in the "Paying Interest" section). Method (including current transactions) Categories include standard Purchases, standard Cash Advances How We Figure Your Total Interest Charges and different promotional balances, such as Balance Transfers. . We multiply the daily balance for each Transaction Category by How We Figure the Daily Balance for Each Transaction Category its daily periodic rate. We do this for each day in the billing period. • We start with the beginning balance for each day. The This gives us the interest charges for each Transaction Category. beginning balance for the first day of the billing period is your To get a daily periodic rate, we divide the APR that applies to the balance on the last day of your previous billing period. Transaction Category by 365. • We add any interest charges accrued on the previous day's daily • We add up all the daily interest charges. The sum is the total balance and any new transactions and fees. We add any new interest charge for the billing period. transactions or fees as of the later of the Transaction Date or How We Include Fees the first day of the billing period in which the transaction or fee We add Balance Transfer Fees to the applicable Balance Transfer posted to your Account. Transaction Category. We add Cash Advance Fees to the • We subtract any new credits and payments. applicable Cash Advance Transaction Category. We add all other fees to the standard Purchase Transaction Category. 2- INTEREST CHARGES Paying Interest When Interest Charges Begin We begin to impose interest charges on a transaction, fee or interest charge from the day we add it to the daily balance. We continue to impose interest charges until you pay the total amount you owe us. You can avoid paying interest on Purchases as described below. However, you cannot avoid paying interest on Balance Transfers or Cash Advances. How to Avoid Paying Interest on Purchases ("Grace Period") If you paid the New Balance on your previous billing statement by OTHER IMPORTANT INFORMATION the Payment Due Date shown on that billing statement, we will not impose interest charges on new Purchases, or any portion of a new Purchase, paid by the Payment Due Date on your current billing statement. New Purchases are Purchases that first appear on the current billing statement. How We Apply Payments May Impact Your Grace Period If you do not pay your New Balance in full each month, then, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. Default You are in default if: • you fail to comply with the terms of this Agreement or any • you file bankruptcy or another insolvency proceeding is filed by Agreement with us or an Affiliate, including failing to make a you or against you; required payment when due, exceeding your Account credit line • we have a reasonable belief that you are unable or unwilling to or using your Card or Account for an illegal transaction. repay your obligations to us; If you are in default, we may declare the entire balance of your • you die or are legally declared incompetent or incapacitated; Account immediately due and payable without notice. Collection Costs If we use an attorney to collect your Account, we may charge you our legal costs as permitted by law. These include reasonable attorneys' fees, court or other collection costs, and fees and costs of any appeal. Merchant Disputes If you have a dispute with a merchant, you may request a credit to your Account. If we resolve the dispute in your favor, we will issue a credit to your Account. You assign to us your claim for the credited amount against the merchant and/or any third party. At our request, you agree to provide this assignment in writing. Automatic Billing You may set up automatic billing with a merchant. If your Account number or Card expiration date changes, you authorize us to provide this Arrangements updated information to any such merchant at our discretion. You must contact the merchant directly if you wish to stop automatic billing. Our Privacy Policy We send you our Privacy Policy when you open your Account and • how we safeguard its confidentiality and security; annually. Contact us or visit Discover.com if you would like a copy. . when it may be shared with others; and Please read it carefully. It summarizes: • how you can limit our sharing of this information. • the personal information we collect; Reporting to Credit We may from time to time review your credit, employment and If you believe that information we reported is inaccurate or Reporting Agencies income records. We may report the status and payment history of incomplete, please write us at Discover, PO Box 15316, your Account to credit reporting agencies and other creditors. We Wilmington, DE 19850-5316. Please include your name, address, normally report to credit reporting agencies each month. home phone number and Account number. Our Communications You agree that our personnel may listen to or record phone calls at your expense) to contact you about your Account or to offer you with You between you and our representatives without additional notice products or services that may be of value to you. If you prefer not to to you including calls we make to collect debts. We may use any be contacted in one or more of these ways, you must either call us medium permitted by law including mail, live telephone calls, at 1-800-DISCOVER (1-800-347-2683) or write to us at Discover, automated telephone equipment, prerecorded telephone calls, PO Box 30961, Salt Lake City, UT 84130-0961. Please include your e-mail, text messages and calls to your cell phone (which may be name, address and Account number. Unauthorized Use You must notify us immediately if: • your Card is lost or stolen; or • you believe someone is using your Account or a Card without your permission. Cancellation of Your • You may cancel your Account. You will remain responsible for Account any amount you owe us under this Agreement. • Any joint Accountholder may cancel a joint Account. However, both of you will remain responsible for paying all amounts owed. We may cancel, suspend or not renew your Account at any time without notice. -3- Purchases and Cash If you make a Purchase or Cash Advance in a foreign currency, we and currency in which the transaction is made. We use the rate Advances in Foreign will convert it to U.S. dollars using a rate we choose. This rate will in effect on the conversion date for the transaction. This rate may Currencies either be a government-mandated rate, a government-published be different than the rate in effect on the Transaction Date for the rate or the interbank exchange rate, depending on the country transaction. Governing Law This Agreement is governed by applicable federal law and by Delaware law. Severability If any part of this Agreement is found to be invalid, the rest of it will still remain in effect. However, if the Class Action Waiver in the "Arbitration of Disputes" section is invalidated in any proceeding in which you and we are involved, then the "Arbitration of Disputes" section will be void with respect to that proceeding. Enforcing this Agreement We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them. Assignment of Account We may sell, assign or transfer your Account or any portion of it without notice to you. You may not sell, assign or transfer your Account without first obtaining our prior written consent. CONTACT US Unless we tell you otherwise, you can notify us: When writing, please include your name, address, home phone • by phone at 1-800 DISCOVER (1-800-347-2683) or number and Account number. You must contact us within 15 days in writing to Discover, PO Box 30943, Salt Lake City, UT after changing your e-mail address, mailing address or phone 84130-0943. number. DEFINITIONS "Account" means your Discover card account. "Affiliate" means our parent corporations, subsidiaries and affiliates. "Authorized User" means any person you authorize to use your Account or a Card, whether you notify us or not. "Balance Transfer" means a balance transferred from another creditor to your Account. "Card" means any one or more Discover cards issued to you or someone else with your authorization. "Cash Advance" means the use of your Account to: • obtain cash from participating automated teller machines, financial institutions or other locations; purchase lottery tickets, money orders, casino chips, foreign currency or similar items. "Check" means any check we send to you to access your Account. "Pricing Schedule" means the document entitled, "Pricing Schedule" which lists the APRs that apply to your Account and other important information. "Prime Rate" means the highest rate of interest listed as the U.S. Prime rate in the Money Rates section of The Wall Street Journal on the last business day of the month. "Purchase" means the use of your Account to purchase or lease goods or services at participating merchants. "We," "us" and "our" refer to Discover Bank, the issuer of your Card. "You," "your" or "yours" refer to you and any other person (s) who are also contractually liable under this Agreement. "Transaction Date" means the date shown on your billing statement for a transaction or fee. ARBITRATION Agreement to arbitrate. If a dispute arises between you and us, either may choose to resolve the dispute by binding arbitration, as described below, instead of in court. Any claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. This includes claims and disputes relating to any other Account or agreement you have or had with us. THIS MEANS IF EITHER YOU OR WE CHOOSE ARBITRA- TION, NEITHER PARTY SHAH HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. CLASS ACTION WAIVER. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CARDMEMBERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit. Your Right to Go To Small Claims Court. We will not choose to arbitrate any claim you bring in small claims court. However, if such a claim is transferred, removed or appealed to a different court, we may then choose to arbitrate. Governing Law and Rules. This arbitration agreement is governed by the Federal Arbitration Act (FAA). Arbitration must proceed only with the American Arbitration Association (AAA) or JAMS. The rules for the arbitration will be those in this arbitration agreement and the procedures of the chosen arbitra- tion organization, but the rules in this arbitration agreement will be followed if there is disagreement -4- ARBITRATION between the agreement and the organization's procedures. If the organization's procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. For a copy of each organization's procedures, to file a claim or for other information, please contact: • AAA at 335 Madison Ave., Floor 10, New York, NY 10017-5905, www.adr.org (phone 1-800-778-7879) or • JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018, www.jamsadr.com (phone 1-800-352-5267). If both AAA and JAMS are completely unavailable, and if you and we cannot agree on a substitute, then either you or we may request that a court appoint a substitute. Fees and Costs. If you wish to begin an arbitration against us but you cannot afford to pay the organization's or arbitrator's costs, we will pay those costs if you ask us in writing. Any request like this should be sent to Discover, PO Box 30421, Salt Lake City, UT 84130-0421. If you lose the arbitration, the arbitrator will decide whether you must reimburse us for money we advanced for you for the arbitration. If you win the arbitration, we will not ask for reimbursement of money we advanced. Additionally, if you win the arbitration, the arbitrator may decide that you are entitled to be reimbursed your reasonable attorneys' fees and costs (if actually paid by you). Hearings and Decisions. Arbitration hearings will take place in the federal judicial district where you live. A single arbitrator will be appointed. The arbitrator must: • Follow all applicable substantive law, except when contradicted by the FAA; • Follow applicable statutes of limitations; • Honor valid claims of privilege; • issue a written decision including the reasons for the award. The arbitrator's decision will be final and binding except for any review allowed by the FAA. However, if more than $100,000 was genuinely in dispute, then either you or we may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than 30 days after the original award issues. The appealing party pays all appellate costs. The appellate panel may order that the loser of the appeal pay the winner's costs and attorneys' fees. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. Other Beneficiaries of this Provision. In addition to you and us, the rights and duties described in this arbitration agreement apply to: our Affiliates and our and their officers, directors and employees; any third party co-defendant of a claim subject to this arbitration provision; and all joint Accountholders and Authorized Users of your Account(s). Survival of this Provision. This arbitration provision shall survive: • closing of your Account; • voluntary payment of your Account or any part of it; • any legal proceedings to collect money you owe; • any bankruptcy by you; and • any sale by us of your Account. You May Have the Right to Reject Arbitration. You may reject the Arbitration of Disputes section but only if we receive from you a written notice of rejection within 30 days of your receipt of the Card. You must send the notice of rejection to: Discover, PO Box 30938, Salt Lake City, UT 84130-0938. Your rejection notice must include your name, address, phone number, Account number and personal signature. No one else may sign the rejection notice for you. Your rejection notice also must not be sent with any other correspondence. However, if you previously had the chance to reject an arbitration agreement with us but did not, you may not reject it now. Rejection of arbitration will not affect your other rights or responsibilities under this Agreement or your obligation to arbitrate disputes under any other account as to which you and we have agreed to arbitrate disputes. If you once sent us a rejection notice on a different account or card, you must send us a new rejection notice or else this arbitration agreement will apply to any disputes with us relating to your other accounts or cards. -5- Your Billing Rights: Keep This Document For Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do If You Find A Mistake On Your Statement if you think there is an error on your statement, write to us at: Discover PO Box 30421 Salt Lake City, UT 84130-0421. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake You must contact us: • Within 60 days after the error appeared on your statement. • At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writin . You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: • If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. • If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover PO Box 30945 Salt Lake City, UT 84130-0945 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. DESCRIPTION OF COVERAGE SCHEDULED AIR TRAVEL Discover" Cardmembers are provided with $500,000 Scheduled Air Travel Accident Insurance against Accidental Loss of Life arising ACCIDENT INSURANCE from and occurring on a Covered Trip while you, your Spouse, Domestic Partner or eligible Dependent Children for whom a ticket was purchased with your Discover card are riding as a passenger in or entering, exiting or being struck by a Scheduled Aircraft. SECONDARY RENTAL CAR COLLISION Discover" Cardmembers can benefit from the security and safety offered through Excess Collision Damage Waiver. If you rent a COVERAGE vehicle for 31 consecutive days or less (or 45 days under certain circumstances) with your Discover card, you may be eligible for benefits under this coverage. 2417 TRAVEL ASSISTANCE 2417 Travel Assistance provides Cardmembers and their families a wide range of free travel assistance benefits. For more information and a description of these plans, features, benefits, definitions, exclusions, and information on how to file a claim, please go to Discover.comlmybenefits or call 1-800-DISCOVER (1-800-347-2683). -6- Our File No.: 340409 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK Plaintiff, VS. HOWARD E WEIGEL Defendant. F THE PROTHONOTARY 2412 JUN 28 AM 10: 40 0 NN3YN! VAMA TY COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 12-3550 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT - CIVIL ACTION TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned Civil Action for an additional thirty (30) days. APOTHAKER Attorn A Law Firm Enj BY: David J. A SAS OCIATES, P.C. for laintiff ed m Debt Colle ioi ker, Esquire Dated: 6/21/2012 i n r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff THE PROTHONG1 l„ o?t''?t? of ?utrr6?,.fa?t Jody S Smith 12 JUL 2 Q 8: Q Chief Deputy Richard W Stewart rUMSERLAN0 COUNTY Solicitor OFFICE PENNSYLVANIA Discover Bank Case Number vs. 2012-3550 Howard E. Weigel SHERIFF'S RETURN OF SERVICE 07/06/2012 03:41 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2012 at 1541 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Howard E. Weigel, by making known unto himself personally, at 911 Shiremont Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing t him personally the said true and correct copy of the same. A DA COBAUGH, SHERIFF COST: $38.00 July 09, 2012 SO ANSWERS,, RON R ANDERSON, SHERIFF } Co mySuttaa Hheeif. l e?c?w=.ort, WC,,. Hgward E eigel -- /u- A# 00C ki 6t h& A (Address) I ? i 3"J- giu ktPhone) i=lLEti-vr Ph U j; 2 12 JUL 19 AM 11: 23 CUMBERLAND COUNTY PENNSYLVANIA DISCOVER BANK, c/o DB SERVICING CORPORATION 6500 NEW ALBANY RD NEW ALBANY OHIO 43054 Plaintiff, VS. HOWARD E WEIGEL Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO:12-3550 ANSWER TO CIVIL ACTION DEFENDANT HOWARD E WEIGEL'S ANSWER TO PLAINTIFF'S CIVIL ACTION COMPLAINT Defendant, Howard E Weigel answers the Civil Action Complaint filed by Plaintiff, Di Bank, as follows: ANSWER TO FIRST COUNT 1. Defendant has no sufficient knowledge or information to form a belief as to the truth falsity of the allegations contained in Paragraph 1 of the Complaint. 2. Defendant admits Paragraph 2 of the Complaint. 3. By specifically denying the entire allegations contained in Paragraph 3 and 4 of Complaint, Defendant submits that Defendant never made a request to Plaintiff for t issuance of account as alleged. Defendant never opened an account having number endil in 1536 with Plaintiff as alleged. There is no valid credit agreement executed betwe Defendant and Plaintiff regarding the alleged account. Defendant never received, accepted used the account to its benefit as alleged. Plaintiff has failed to submit the signed copies account opening application and credit agreement executed between Defendant and Plainti copies of bills, invoices, receipts and other valid evidence to prove its allegations contain Paragraph 3 and 4 of the Complaint. Case No: 12-3550Howard E Weigel- Answer Page 1 of 5 4. By specifically denying the entire allegations contained in Paragraph 5 and 6 of Complaint, Defendant submits that Defendant does not owe Plaintiff in the amount $6,810.20 as alleged. Plaintiff has failed to present the copies of account opening applicat and credit agreement, copies of receipts, bills and other valid evidence to prove allegations. In thisregard, in the case of Citillank South Dakota v. Whiteley, Missouri Co o/' Appeals, Southern District, Division Two, 2004(Exhibit `A') it has been stated follows: "To recover on a suit on account, a Plaintiff must show an offer, an acceptance, e consideration between the parties as well as the correctness of the account and reasonableness of the charges." So the burden of proof is on Plaintiff to submit valid documentary evidence to prove allegations. Moreover, Defendant challenges the veracity of Exhibit A. 5. By specifically denying the entire allegations contained in Paragraph 7 of the Compla Defendant submits that Defendant never received demand for payment from Plaintiff a alleged. Defendant does not owe Plaintiff for the alleged amount. Plaintiff has failed t< submit copy of account opening application duly signed by Defendant, receipts for paymen made on the account, copy of demand for payment made to Defendant, proof of service o demand for payment delivered to Defendant and other relevant documentary evidence tc prove its allegations. 6. Plaintiff demands judgment in favor of Plaintiff and against Defendant for the sum o' $6,810.20 and requests this Court award costs to the extent permitted by applicable law Plaintiff fails to establish its prayer by providing legally sufficient supporting documents Therefore, this Court may kindly deny Plaintiff's prayer. GENERAL DENIAL 7. Defendant specifically denies each and every allegation contained in the Civil Actior Complaint not specifically heretofore admitted, denied, or otherwise controverted. FIRST AFFIRMATIVE DEFENSE 8. The service of process was insufficient/improper. . SECOND AFFIRMATIVE DEFENSE 9. Plaintiff has failed to state a claim against Defendant for which a relief can be granted. Case No: 12-3550Howard E Weigel- Answer Page 2 of 5 THIRD AFFIRMATIVE DEFENSE 10. Plaintiff has failed to satisfy all requirements and conditions precedent to the institution of this action. FOURTH AFFIRMATIVE DEFENSE 11. Defendant never agreed to pay the amount to Plaintiff as per any agreement. FIFTH AFFIRMATIVE DEFENSE 12. Defendant invokes the Doctrine of Unclean Hands as Defendant alleges that Plaintiff acted a dishonest, misleading or fraudulent manner with respect to the disputes at issue in this SIXTH AFFIRMATIVE DEFENSE 13. Plaintiff and Plaintiff's attorneys and agents with the consent of Plaintiff, have violated Fair Debt Collection Practices Act (FDCPA) by, among other things, improperly wrongfully contacting/harassing Defendant and not properly validating the debt allegedly SEVENTH AFFIRMATIVE DEFENSE 14. A violation of the FDCPA is, among other things, a denial of the due process ri guaranteed to Defendant. EIGHTH AFFIRMATIVE DEFENSE 15. Defendant reserves the right to add additional affirmative defenses as discovery progresses. 16. Responses to requests for production of documents should be delivered to the address of Defendant(s) as stated in this answer or as on file with the court in this matter. WHEREFORE, Defendant respectfully submits to the Court as under: 1. Plaintiff s Civil Action Complaint should be rejected. 2. Necessary costs should be awarded to the Defendant. 3. Such other relief be granted to the Defendant as to this Honorable Court deems just. Date: July, 2012. Signature of Howard E Wei Case No: 12-3550Howard E Weigel- Answer Page 3 of 5 VERIFICATION Defendant does hereby verify subject to the penalties of 18 PA. C.S. §4904 relating unsworn falsification to authorities that the answer provided above are true and correct to best of Defendant's knowledge, information and belief. Date: July 2012. Signature of Defendant: Howard E Weigel Case No: 12-3550Howard E Weigel- Answer Page 4 of 5 CERTIFICATE OF SERVICE A copy of this Answer was served upon Plaintiff's attorney at the fo David J. Apothaker APOTHAKER & ASSOCIATES, P.C 520 Fellowship Road C306, Mount Laurel, NJ 08054 Attorney for Plaintiff By ordinary U. S. Mail, this - jE ay of, July 2012 Signature: Case No: 12-3550Howard E Weigel- Answer Page 5 of 5 Exhibit' CITIBANK SOUTH DAKOTA v. WHITELEY CITIBANK (SOUTH DAKOTA) N.A., A Bank Corporation, Plaintiff-Respondent, v. Danny H. WHITELEY, Defendant-Appellant. No. 25925. -- November 23, 2004 Daniel T. Moore, Moore & Walsh, L.L.P., Poplar Bluff, for appellant.Mayer S. Klein, Michael J. Payne, Frankel, Rubin, Bond, Dubin, Siegel & Klein, P.C., St. Louis, for respondent. Citibank (South Dakota) N.A., (plaintiff) brought a suit on account against Danny H. Whiteley (defendant). The case was heard by the trial court without a jury. Judgment was entered for plaintiff in the amount of $4,218.58 principal, interest in the amount of $728.14, and costs. Defendant appeals. This court reverses and remands with directions. Plaintiffs petition alleged defendant was "indebted to it on account of goods, services and/or merchandise provided by Plaintiff at Defendant's instance and request"; that "*t+he charges for said goods, services and/or merchandise provided by Plaintiff to Defendant *were+ reasonable." Plaintiff alleged that payment was demanded but had been refused.1 Plaintiff called an employee, Paula Sullinger, as a witness. Ms. Sullinger stated she wa, "a manager in the recovery unit" located in Kansas City. Ms. Sullinger identified plaintiff as a banking corporation authorized to do business in Missouri. Ms. Sullinger testified, over the objection of defendant, that although there was no documentation of a credit card account, she had knowledge that defendant maintained a credit card account with plaintiff. She testified, over the objection of defendant, that an account maintained by plaintiff revealed a balance owed by defendant. Ms. Sullinger explained, again over defendant's objection, that charges were posted to accounts based upon notification by merchants of charges made by a cardholder; that any documentation for a charge belonged to the merchant and was not maintained by plaintiff. Ms. Sullinger was asked whether she had knowledge about what goods were purchased by defendant for which charges were made to the account plaintiff sought to collect. She had no knowledge concerning what defendant would have purchased from a particular merchant. Ms. Sullinger had no knowledge whether charges were fair and reasonable. No other evidence was offered on the question of reasonableness of charges. Ms. Sullinger was asked the following questions and gave the following answers about the nature of plaintiffs business. Q. My question is, you, being Citibank of South Dakota, didn't provide any merchandise did you? A. No. Q. You didn't provide any goods to the defendant, did you? A. No, just a service. Q. And you didn't come out and perform any services for the defendant and charge him for that, did you? A. No, just paid the merchants for him. Defendant asserts one point on appeal. He argues the trial court erred in granting judgment for plaintiff on its suit on account "because there was no evidence to support the judgment in that *plaintiff] failed to prove that *defendant+ received any goods, services or merchandise provided by *plaintiff+." Defendant contends further that there was no evidence that anything plaintiff claims defendant received was reasonable in cost. Defendant further asserts that any theory of recovery plaintiff may assert, other than the suit on account it pleaded, would constitute a variance to which plaintiff timely objected at trial. "A suit on open account means a suit in contract for each purchase transaction." Medicine Shoppe International, Inc. v. Mehra, 882 S.W.2d 709, 713 (Mo.App.1994). To recover on a suit on account, a plaintiff must show an offer, an acceptance, and consideration between the parties as well as the correctness of the account and the reasonableness of the charges. Welsch Furnace Co., Inc. v. Vescovo, 805 S.W.2d 727 728 (Mo.App.1991). "Such evidence consists of proof that: 1) Defendant requested plaintiff to furnish merchandise or services; 2) plaintiff accepted the offer of the defendant by furnishing such merchandise or services; and 3) the charges were reasonable." Id. Even if this court were to accept plaintiffs assertion that providing credit to a credit car holder amounted to providing a service for purposes of maintaining a suit on account, an issue this court need not and does not address, the evidence was silent as to the reasonableness of any charge that was made to defendant. A party bringing a cause of action cannot prevail if one or more elements of the cause of action are not supported by substantial evidence. Vintila v. Drassen, 52 S.W.3d 28, 38 (Mo.App.2001); Mills Realty, Inc. v. Wolff, 910 S.W.2d 320, 322 (Mo.App.1995). Further, as asserted by defendant, defendant scrupulously objected throughout the trial to any evidence that was outside plaintiffs pleadings. Defendant's point is granted. The judgment is reversed. The case is remanded. The trial court is directed to enter judgment for defendant. FOOTNOTES Our File No.: 340409 DISCOVER BANK ) Plaintiff ) vs. ) HOWARD E WEIGEL ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 12-3550 CIVIL TERM Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: .C ? 3> ?r ?c F:' co _fl C?3 Kimberly F. Scian, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $6810.20. ORDER OF COURT The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff Kimberly F. Scian, Esquire 520 Fellowship Road (2306 Mount Laurel. NJ 08054 (800) 672-0215 Attornev for Plaintiff WHEREFORE. your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Dated: AND NOW. and as prayed for. ?- Res ectfull mitted. Ki b ily F. Scian, Esquire Esq., and c. Esq., Esq., are appointed arbitrators in the above captioned action By the Court. .20 , in consideration of the foregoing petition, *28.5o P.OAT7Y e1'71513 2*a858o8 Plaintiff In The Court of Common Pleas of Cumberland�n r County, Pennsylvania N0. v V Defendant Civil Action—Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity Sia, atu SiCnature iPnature Nam {(Chairman) Name Name - ffLa�4 Firm Law Firm Law Firm {9� �, 4` � � . ,'ono Address Address Address Cq-A's I, PA (770(3 Ly fi� 1-11-3 13 AQ(�V$t�5hM 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 shall be separately stated.) - --i..lAzbitrator;dissents:-{Insert-name-ifapplicable:)_ . Date of Hearing: (Chairman) Date of Award: N1 j Notice of Entry of Award ow, the 00`'x` br day of YJ , 20 /3 , at ��, ,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: S 4///.S7-� Prothonotary Dpury '013 NOV 20 AM $: 48 CUMBERLAND COUNT'r PENNSYLVANIA F,r— L� Kim m -�l1 y J``C a`C�rr r Our File No.: 340409 DISCOVER BANK Plaintiff vs. HOWARD E WEIGEL Defendant ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) NO.: 12 -3550 CIVIL TERM ) ) ) ) Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: G - rr 41- Kimberly F. Scian, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above - captioned action is at issue 2. The claim of Plaintiff in the action is $6810.20. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff Kimberly F. Scian, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully htted, Dated: 17// / �( i ' bdrly F. Scian, Esquire ORDER OF COURT CLAt lbc)(00 R.* 3G3a5s AND NOW, , 20, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, Our File No.: 340409 DISCOVER BANK Plaintiff vs. HOWARD E WEIGEL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 12 -3550 CIVIL TERM Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Kimberly F. Scian, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above - captioned action is at issue 2. The claim of Plaintiff in the action is $6810.20. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff Kimberly F. Scian, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Dated: e:/// / �( Respectfully miffed, bOrly F. Scian, Esquire ORDER OF COURT Ck—t Ib2450o 363a SS , 20/V , in consideration of the foregoing petition, Esq., Esq., are appointed arbitrators in the above—captioned action as prayed for. $- 14 / yr I / o 4 -sec f ; /yid '/ //o //4 By the Court, lfl Discover Bank In the Court of Common Pleas of Cumberland Howard E. Weigel PlaintiffCounty,Pennsylvania No. 12 _3550 Defendant Civil Action—Law. Oath We do solemnly swear(or affirm)that we will support,obey and defend the Constitution of the United States and the Constitution of this Comm wealth and that we will d' charge the duties pf gyr office with fidelity. S ' Si a re Signature Signature gn Kathleen K. Shaulis Jane E. Adams Garret Brouwer Name(Chairman) Name Name Shaulis Law Law Office of Jane E. Adams Salzmann Hughes P.C. Law Firm _. Law Firm Law Firm P. O. BOX 1229 17 West South Street 354 Alexander Spring Road,Suite 1 Address Address Address Carlisle PA 17013 Carlisle PA 17013 Carlisle PA 17015 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 shall be separately stated.) a �h�1 lS CIW Ot e-d e—d IkO, aZ7 ©r t-� v��"_ �,��.�-� �k�� D V�+ is UY-CVr1 Le VV6 C&f . .Arbitrator,dissents. (Insert name if applicable.) Date of Hearing: June 24, 2014 Date of Award: 7—Z 14 jV (Chairman) Notice of Entry of Award Now,the `day of 20 lY ,at 9:0'Y ,�_.M.,the above award was entered upon the docket atfd notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ Z116 gy. onotary putt' Prot IE PROT 10[h JUN 24 FT S 204 �UMBERLA D COUNTY PENNSYLVANIA -s. DISCOVER BANK, . IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION—LAW : NO. 12-3550 CIVIL HAROLD E. WEIGLE, • Defendant • ORDER AND NOW, this ZY `day of June, 2014, the appointment of Melissa Kelso, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED. Garret Brouwer, Esquire, is appointed in her place. BY THE COURT, • 4e Kevin • . Hess, P. J. ,/ Kathleen Shaulis, Esquire ! Chairman Court Administrator — p L ac s ci.. t..�2L_ rim copy gash cn!'- Ns ui 1 Cc c ' Z< : Our File No.: 340409 Apothaker Scian P.C. By: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK Plaintiff vs. HOWARD E WEIGEL Defendant ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 12-3550 CIVIL TERM ) ) Civil Action ) ) NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that DISCOVER BANK appeals from the award of the board of arbitrators entered in this case on June 24, 2014. A jury trial is not demanded I hereby certify that the compensation of the arbitrators has been paid. Apothaker Scian P.C. Attorney for Plaintiff A Law Firm Engaged/11 Debt Collection Dated: / 0/ L/ 7 77 Kim oetly F. Scian, Esquire cokA sLk\L), bc_Ak 1861--2 "13 V-2-* a)'%-nS Our File No.: 340409 Apothaker Scian P.C. By: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff ) COURT OF COMMON PLEAS OF DISCOVER BANK ) CUMBERLAND COUNTY ) Plaintiff ) vs. ) NO.: 12-3550 CIVIL TERM ) HOWARD E WEIGEL ) Civil Action ) Defendant ) CERTIFICATION OF SERVICE I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on Arbitrators by mail on: , I caused to be served a copy of Plaintiff's Appeal from Award of HOWARD E WEIGEL 911 SHIREMONT DR MECHANICSBURG, PA 17050-2156 Dated: Apothaker Scian P.C. Attorney for Plaintiff A Law Firm Engaged, G -bt Collection berly F. Scian, Esquire