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HomeMy WebLinkAbout05-4917IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CHARLES A LUCAS AKA CHARLES LUCAS Defendant No - (210 -( C COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., 323 W. Lakeside Ave 2nd Fl Cleveland, Oh 44113 (412) 434-7955 FAX: 412-338-7130 04406522 C A Pit WLG L.P.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff /? ? -? VS. Civil Action No 4'7) 7 ??1 CHARLES A LUCAS 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, is a corporation with offices at 3311 MILL MEADOW DR. HILLIARD , OH 43026 2. Defendant is adult individual(s) residing at the address listed below: CHARLES A LUCAS 4820 CHARLES RD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002970770483 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of September 13, 2005 , in the amount of $3656.88 . 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $500.00 8• 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 against favor and Defendant CHARLES A LUCAS individually in $3656.88 the amount of with interest at the legal rate of G-000 per annum fr of judgment plus attorneys' om date fees of $500.00 and costs. James '. ar brodt,? WELT WEINBERG & 323 W. Lakeside Ave Cl ve nd, Oh 44113 ( 12) 434-7955 AX 412-338-7130 D 06522 C 24 IS CO., L.P.A. 2nd Fl This law firm is a debt collector attempting A Pit WLG to collect this debt for our client and any information obtained will be used for that purpose. J 24 SDSN6A01 0010477 CHARLES LUCAS 4820 CHARLES RD MECHANICSBURG PA 17050-3077 July 23, 2005 "'' Please make check payable to Discover Card. You are overlimit. Pay the sum of the monthly minimum payment plus the overhmit amount of $456.88. Address or telephone change? Please print change in the space above, or go to Discovercard. com. Reduce Your Health Care Expenses by up to 50% with PlanPlus. To learn more, call 1-800-527-7783 or visit Discovercard.corri/PlanPlus. PO BOX 15251 WILMINGTON DE 19886-5251 000006011002970770483036568800000000042600 Discover Card Account Summary account number payment due date minimum payment due credit limit credit available cash credit limit cash credit available 6011 0029 7077 0483 July 23, 2005 $426.00 $3,200.00 $-456.00 $800.00 $0.00 Closing Date: June 24, 2005 page 1 of 3 previous balance $3,507.70 payments and credits - 0.00 purchases + 74.00 cash advances + 0.00 balance transfers + 0.00 FINANCE CHARGES + 75.18 new balance = $3,656.88 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Cashback Bonus® Cashback BonusO Anniversary Date: November 24 Previous Cashback Bonus Award Balance $ 0.00 Purchase Award This Period + 0.00 Cashback Bonus Award Total 0.00 Redemptions This Period - 0.00 Cashback Bonus Award Balance 0.00 Award Available to Redeem $ 0.00 Transactions trans. post date date EX H i "D IT Other/Miscellaneous Jun 23 Jun 23 LATE FEE $ 39.00 Jun 24 Jun 24 OVERLIMIT FEE 35.00 Your Account is overlimit and/or your payment was late. We have terminated any introductory or promotional rate on purchases and any special balance transfer rate that you may have had, and have applied the standard APR for purchases to your outstanding balance of purchases and balance transfers. While we are permitted under the Cardmember Agreement to increase the standard APRs for purchases and cash advances, we have chosen not to do so at this time. However, this will still be considered an overlirit or late payment occurrence for purposes of the Default Rate Plan. We reserve the right to increase your APRs if you have another occurrence. Seethe Default Rate Plan section for details. """' ATTENTION „""' ATTENTION „"»„ ATTENTION "",,, ATTENTION -*... ATTENTION "",,. Your account is seriously past due. Payment of the amount due and arrangements for future payments should be made immediately. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to his by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. /? "? ? `? ? ?:- ?,? --c? --? >-re (? N ? -? ? ? ? ? ,?1 ? ? ? = -- ,??-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Discover Bank PLAINTIFF vs. 2005-4917 Charles Lucas, DEFENDANT PRELIMINARY OBJECTIONS I. Plaintiff s and their attorneys have not complied with the Pennsylvania Rules of Civil Procedure, namely Rule 1024 relating to a signed VERIFICATION. 2. Rather than have his client properly sign the verification, the attorney has attempted to escape the requirements of Rule 1024 by signing the verification himself. 3. The attorney should have had an agent of the plaintiff properly sign the verification, rather than signing the verification himself. WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiffs Complaint for failure to comply with Pennsylvania' s pleading requirements. In the alternative, Defendant request that this Honorable Court direct Plaintiff to amend its Complaint to conform to Rule 1024, and to serve a copy upon Defendants. V.,-V, = \'O1k?k?o 5 Vicki Piontek, Esquire Date 24 West Governor Road Hershey, PA 17033 717-533-7472 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Discover Bank PLAINTIFF VS. 2005-4917 Charles Lucas, DEFENDANT CERTIFICATE OF SERVICE One the 14k? day of 0 C-f- , 2005, I served a copy of the attached PRELIMINARY OBJECTIONS to the following parties at the following addresses: James Warmbrodt, Esquire 323 W. Lakeside Ave., 2nd Floor Cleveland, Oh 44113 Weltman Weinberg et al 436 Seventh Ave Ste 2718 Pittsburgh PA 15219 Vicki Piontek, Esquire 24 West Governor Road Hershey, PA 17033 717-533-7472 kol14 '0S Date ? C?= r,? <> F?? 'n ? ?? 7 : ? 1.. t _ .c?i : ? ?' :J -"- : (T1 l0 S ,• ?__ ?f ? Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 DISCOVER BANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CHARLES A. LUCAS AKA CHARLES LUCAS : CIVIL ACTION - IN LAW : NO. 05-4917 Defendant PRAECIPE TO ENTER APPEARANCE To The Prothonotary: Please enter my appearance as attorney for CHARLES A. LUCAS, Defendant in the above captioned matter. Date: October d , 2005 xI ?X? ( " DOUGLAS C. LOVELACE, JR., Esquire Attorney for Defendant ?--- -r?i .? c.?_, Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 DISCOVER BANK Plaintiff V. CHARLES A. LUCAS AKA CHARLES LUCAS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA YOU ARE HEREBY NOTIFIED that the New Matter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. 4 1! 2rx, (- t ei", -a 4 - DOUGLAS C. LOVELACE, JR., Esquire Attorney for Defendant Dated: bct&44# a (? 2 i, Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 DISCOVER BANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - IN LAW CHARLES A. LUCAS : NO. 054917 AKA CHARLES LUCAS Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NEW MATTER AND NOW, October 21, 2005, Defendant Charles A. Lucas, by his attorney, Douglas C. Lovelace, Jr., files this Answer to Plaintiffs Complaint and New Matter and avers as follows: ANSWER 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. 2. Admitted. 3. Denied. Defendant denies having applied for a credit card issued by Plaintiff bearing the account number 6011002970770483. By way of further answer, Plaintiff sent to Defendant, through the mail, a credit card Defendant did not ask for nor want. Defendant has never activated or used the credit card Plaintiff forced upon Defendant. By way of further answer, Defendant denies that the alleged copy of the "Plaintiff's Statement of Account," attached as Exhibit "A" to Plaintiff's complaint, in any way shows Defendant's lawful indebtedness to Plaintiff. 4. Denied. Defendant denies having made use of the credit card Plaintiff forced upon Defendant. By way of further answer, Defendant denies owing Plaintiff $3,656.88, as of September 13, 2005. 5. Denied. The averment of paragraph 5 of Plaintiff's Complaint sets forth a conclusion of law to which no further response is required or appropriate. In the event and to the extent the averment in Paragraph 5 of Plaintiff's Complaint is found not to be a conclusion of law, Defendant avers that he is not in default of any obligation owing to Plaintiff. 6. Denied. Defendant denies having entered into an "Agreement" with Plaintiff and, therefore, has not agreed to pay Plaintiffs attorney fees. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. 8. Denied. Defendant has not entered into any agreement with Plaintiff by which Defendant accrued a balance due to Plaintiff. WHEREFORE, Defendant respectfully requests this Honorable Court enter judgment in Defendant's favor and dismiss Plaintiff's Complaint. NEW MATTER 9. Defendant incorporates herein by reference the averments contained in paragraphs 1 through 8, inclusive, of Defendant's Answer to Plaintiff's Complaint and New Matter, as fully as though the same were set forth herein at length. 10. Plaintiff sent Defendant an unsolicited credit card, which Defendant never used. 2 11. Plaintiff fails to state a cause of action. WHEREFORE, Defendant respectfully requests this Honorable Court enter judgment in Defendant's favor and dismiss Plaintiff's Complaint. 4 q f tf.4.P &. ? . Douglas C. Lovelace, Jr., Esquire Attorney for Defendant Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717)385-1866 VERIFICATION Charles A. Lucas hereby states that she is the Defendant in this action and that the statements of fact made in the foregoing Defendant's Answer to Plaintiff's Complaint and New Matter are true and correct to the best of his personal knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: October o? , 2005 C" OOL 2PIIrAA) Charles A. Lucas CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for Defendant, Charles A. Lucas, hereby certify that on October 21, 2005, I served a true and correct copy of the foregoing Defendant's Answer to Plaintiffs Complaint and New Matter upon the following below named individual by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: James C. Warmbrodt, Esquire Weltman, Weinberg & Reis CO., L.P.A. 323 West Lakeside Avenue, 2nd Floor Cleveland, Ohio 44113 Attorney for Plaintiff Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717)385-1866 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, vs. Case No.: 05-4917 TYPE OF PLEADING: REPLY TO NEW MATTER CHARLES A. LUCAS, AKA CHARLES LUCAS, Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 WWR # 04406522 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, VS. CHARLES A. LUCAS, A/K/A CHARLES LUCAS, Defendant. REPLY TO NEW MATTER No. 05-4917 AND NOW, comes the Plaintiff, by and through its attorneys, Weltman, Weinberg & Reis Co., L.P.A., and files the following Reply to New Matter: 9. Paragraph 9 of Defendant's New Matter contains no averments to which a response is required. To the extent that a response may be required, Plaintiff incorporates paragraphs 1 through 8 of its Complaint as though herein set forth at length. 10. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of Defendant's averments, and strict proof thereof is demanded at the time of trial. 11. The averments contained in Paragraph 11 of Defendant's New Matter constitute conclusions of law to which no response is required. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant for the amounts demanded in its Complaint. Respectfully submitted, James C. Vrfnbrodt, Esquire PA LDX? 42524 Weltma' , Weinberg & Reis Co. L.P.A. 2718 Y6ppers Building 436 $6venth Avenue Pit urgh, PA 15219 12)434-7995 WWR# 04406189 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. CERTIFICATE OF SERVICE I, James C. Warmbrodt, hereby certify that a true and correct copy of the Reply to New Matter was served on Defendant's attorney by regular U. S. Mail, postage prepaid, this ay of P, 2005, addressed as follows: Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 C7 c ? are `? ?i ° ? :: -c? s=; ? ; . . ? ? L7 . r- ' .v ?? 'Y ? `;) ,? l ? 1Tf { u} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, vs. CHARLES A. LUCAS AKA CHARLES LUCAS, Case No.: 05-4917 TYPE OF PLEADING: MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF: Defendant. Plaintiff COUNSEL OF RECORD OF THIS PARTY: Holly C. Christian, Esquire PA I.D. # 94496 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R # 04406522 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, Case No.: 05-4917 VS. CHARLES A. LUCAS AKA CHARLES LUCAS, Defendant. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Motion for Summary Judgment against the Defendant. In support thereof, Plaintiff avers as follows: On or about September 21, 2005, Plaintiff brought this action against Defendant for payment of credit card debt. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. On or about October 21, 2005 Defendant filed an Answer and New Matter stating that Defendant did not apply for said credit card and Defendant never used said credit card. A true and correct copy of the Answer and New Matter is attached hereto as Exhibit "B" and made a part hereof. 3. Plaintiff filed it's Reply to New Matter on November 8, 2005. A true and correct copy of the Reply to New Matter is attached hereto as Exhibit "C" and made a part hereof. 4. On or about December 12, 2005, Plaintiff served Requests for Admissions to Defendant's Counsel. A true and correct copy of the Requests for Admissions are attached hereto as Exhibit "D" and made a part hereof. 5. On or about January 16, 2006 Defendant's Counsel served responses to Plaintiff's Requests for Admissions. A true and correct copy of same is attached hereto as Exhibit "E" and made a part hereof. 6. Defendant denied having used said credit card. However Defendant admitted he remitted a payment of $61.00 to the Plaintiff and admitted he has not disputed in writing the balance of the alleged account. (See Exhibit "E"). 7. Defendant served Plaintiff's Counsel request for admissions. A true and correct copy of Defendants Request for Admissions addressed to Plaintiff is attached hereto as Exhibit "F" and made a part hereof. 8. On or about February 15, 2006, Plaintiff's Counsel served responses to Defendants Request for Admissions addressed to Plaintiff. A true and correct copy of same is attached hereto and marked as Exhibit "G". 9. Attached to Plaintiff's Response to Defendants Request for Admissions is Defendant's Discover Card Statement reflecting a balance transfer transaction in the amount of $3,000.00 made on November 19, 2004. Said transaction charged the $3,000.00 from Defendant's "Direct Merchants" credit card to the herein referenced account, thereby making a $3,000.00 payment to Defendant's Direct Merchants Card. (See Exhibit "G"). 10. On or about May 2, 2006, Defendant's counsel faxed Defendant's Direct Merchant Credit Card Statement to Plaintiff's Counsel, pursuant to Plaintiff's Counsel's request via telephone conversation. The statement reflects payment of $3,000.00 to Direct Merchants Bank on November 22, 2004. A true and correct copy of the statement is attached hereto and marked as Exhibit "H" and made a part hereof. 11. On May 24, 2006, Defendant's Counsel served Plaintiff with Interrogatories and Request for Production of Documents and Things-First Set. A true and correct copy of same is attached hereto and marked as Exhibit "I" and made a part hereof. 12. On June 22, 2006, Plaintiff served responses and documents to Defendants Interrogatories and Request for Production of Documents and Things-First Set. A true and correct copy of same is attached hereto and marked as Exhibit "J" and made a part hereof. 13. Plaintiff has offered to settle this matter in the amount of $3,000.00 since that is the amount of the balance transfer made to make a payment to Defendants Direct Merchants account. Defendant derived a benefit of $3,000.00 from the Plaintiff. 14. Defendant has failed to aver any facts that would establish a meritorious defense to Plaintiff's Complaint and has failed to provide any reason or evidence that Defendant was not unjustly enriched by the herein referenced balance transfer from Defendant's Direct Merchant's Credit Card to the herein referenced account. 15. The record in this matter, as set forth above, reveals that there is no genuine issue of any material fact as to a necessary element of Plaintiff's cause of action or the defense thereto which could be established by additional discovery or expert report, and that Plaintiff is entitled to judgment in its favor as matter of law. WHEREFORE, Plaintiff respectfully requests that this Court grant Summary Judgment in Plaintiff's favor and against Defendant, Charles A. Lucas, in the amount of $3,749.48 with continuing finance charges thereon at the rate of 6% from the date of judgment, plus costs. Respectfully Submitted: Holly C-Ghfistian, Esquire PA I.D. 494496 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 04406522 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CHARLES A LUCAS AKA CHARLES LUCAS Defendant No. COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 323 W. Lakeside Ave 2nd F1 Cleveland, Oh 44113 (412) 434-7955 FAX: 412-338-7130 04406522 C A Pit WLG EXHiBIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No CHARLES A LUCAS 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, is a corporation with offices at 3311 MILL MEADOW DR. HILLIARD , OH 43026 . 2. Defendant is adult individual(s) residing at the address listed below: CHARLES A LUCAS 4820 CHARLES RD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002970770483 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of September 13, 2005 , in the amount of $3656.88 . 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $500.00 . 8. 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 , CHARLES A LUCAS individually , in the amount of $3656.88 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $500.00 , and costs. James Warntbrodt, 4 WELT , WEINBERG & 3Lakeside Ave Cl nd, Oh 44113 (V12434-7955 2-338-7130 0 2 C A Pit WLG 24 IS CO., L.P.A. 2nd Fl This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. 24 SDSN6A01 0010477 CHARLES LUCAS 4820 CHARLES RD MECHANICSBURG PA 17050-3077 July 23, 2005 Please make check payable to Discover Card. You are overlfmit. Pay the sum of the monthly minimum payment plus the overlimit amount of $456.88. Address or telephone change? Please print change in the space above, or go to Discovercard.com. Reduce Your Health Care Expenses by up to 50% with PlanPlus. To learn more, call 1-800-527-7783 or visit D iscovercard. co m/Plan Plu s. PO BOX 15251 WILMINGTON DE 19886-5251 000006011002970770483036568800000000042600 Discover Card Account Summary Closing Date: June 24, 2005 page 1 of 3 previous balance $3,507.70 account number 6011 0029 7077 0483 payments and credits - 0.00 payment due date July 23, 2005 purchases + 74.00 minimum payment due $426.00 credit limit $3,200.00 cash advances + 0.00 credit available $-456.00 balance transfers + 0.00 cash credit limit $800.00 FINANCE CHARGES + 75.18 cash credit available $0.00 new balance = $3,656.88 You may be able to avoid Periodic Finance Charges, see -- ---- --- ---------- ----- ------ the reverse side for details. - ----- ----- ---- -- Cashback Bonuse Cashback Bonus@ Anniversary Date: November 24 Previous Cashback Bonus Award Balance $ 0.00 Purchase Award This Period + 0.00 Cashback Bonus Award Total 0.00 Redemptions This Period 0.00 Cashback Bonus Award Balance 0.00 Award Available to Redeem $ 0.00 Transactions trans. post date date 'T Other/Miscellaneous Jun 23 Jun 23 LATE FEE = $ 39.00 Jun 24 Jun 24 OVERLIMIT FEE 35.00 Your Account is overlimit and/or your payment was late. We have terminated any introductory or promotional rate on purchases and any special balance transfer rate that you may have had, and have applied the standard APR for purchases to your outstanding balance of purchases and balance transfers. While we are permitted under the Cardmember Agreement to increase the standard APRs for purchases and cash advances, we have chosen not to do so at this time. However, this will still be considered an overfimit or late payment occurrence for purposes of the Default Rate Plan. We reserve the right to increase your APRs if you have another occurrence. Seethe Default Rate Plan section for details. "' ATTENTION ""*" ATTENTION "*'*** ATTENTION **'**" ATTENTION '***'** ATTENTION ""'•' Your account is seriously past due. Payment of the amount due and arrangements for future payments should be made immediately. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that lie is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to his by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 DISCOVER BANK Plaintiff V. CHARLES A. LUCAS AKA CHARLES LUCAS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ' CIVIL ACTION - IN LAW - `' T - NO. 05-4917 _ :.. NOTICE YOU ARE HEREBY NOTIFIED that the New Matter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Dated: &440j a (1 a?os r.A WIT DOUGLAS C. LOVELACE, JR., Esquire Attorney for Defendant z v ? Cw Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 DISCOVER BANK : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CHARLES A. LUCAS AKA CHARLES LUCAS Defendant CIVIL ACTION - IN LAW NO. 054917 DEFENDANT'S ANSWER TO PLAINT'IFF'S COMPLAINT AND NEW MATTER AND NOW, October 21, 2005, Defendant Charles A. Lucas, by his attorney, Douglas C. Lovelace, Jr., files this Answer to Plaintiff's Complaint and New Matter and avers as follows: ANSWER 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. 2. Admitted. 3. Denied. Defendant denies having applied for a credit card issued by Plaintiff bearing the account number 6011002970770483. By way of further answer, Plaintiff sent to Defendant, through the mail, a credit card Defendant did not ask for nor want. Defendant has never activated or used the credit card Plaintiff forced upon Defendant. By way of further answer, Defendant denies that the alleged copy of the "Plaintiff's Statement of Account," attached as Exhibit "A" to Plaintiff's complaint, in any way shows Defendant's lawful indebtedness to Plaintiff. 4. Denied. Defendant denies having made use of the credit card Plaintiff forced upon Defendant. By way of further answer, Defendant denies owing Plaintiff $3,656.88, as of September 13, 2005. 5. Denied. The averment of paragraph 5 of Plaintiff's Complaint sets forth a conclusion of law to which no further response is required or appropriate. In the event and to the extent the averment in Paragraph 5 of Plaintiff s Complaint is found not to be a conclusion of law, Defendant avers that he is not in default of any obligation owing to Plaintiff. 6. Denied. Defendant denies having entered into an "Agreement" with Plaintiff and, therefore, has not agreed to pay Plaintiffs attorney fees. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to force a belief as to the truth of this averment and proof thereof is demanded, if relevant. 8. Denied. Defendant has not entered into any agreement with Plaintiff by which Defendant accrued a balance due to Plaintiff. WHEREFORE, Defendant respectfully requests this Honorable Court enter judgment in Defendant's favor and dismiss Plaintiff s Complaint. NEW MATTER 9. Defendant incorporates herein by reference the averments contained in paragraphs 1 through 8, inclusive, of Defendant's Answer to Plaintiff s Complaint and New Matter, as fully as though the same were set forth herein at length. 10. Plaintiff sent Defendant an unsolicited credit card, which Defendant never used. 2 11. Plaintiff fails to state a cause of action. WHEREFORE, Defendant respectfully requests this Honorable Court enter judgment in Defendant's favor and dismiss Plaintiffs Complaint. Douglas C. Lovelace, Jr., Esquire Attorney for Defendant Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717)385-1866 VERIFICATION Charles A. Lucas hereby states that she is the Defendant in this action and that the statements of fact made in the foregoing Defendant's Answer to Plaintiff's Complaint and New Matter are true and correct to the best of his personal knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: October oZ , 2005 4pf IIA& A Charles A. Lucas CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for Defendant, Charles A. Lucas, hereby certify that on October 21, 2005, I served a true and correct copy of the foregoing Defendant's Answer to Plaintiffs Complaint and New Matter upon the following below named individual by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON James C. Warmbrodt, Esquire Weltman, Weinberg & Reis CO., L.P.A. 323 West Lakeside Avenue, 2nd Floor Cleveland, Ohio 44113 Attorney for Plaintiff rte t°6 ?0? a 01 Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717)385-1866 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, VS. A/K/A CHARLES LUCAS, Defendant. REPLY TO NEW MATTER No. 05-4917 AND NOW, comes the Plaintiff, by and through its attorneys, Weltman, Weinberg & Reis Co., L.P.A., and files the following Reply to New Matter: 9. Paragraph 9 of Defendant's New Matter contains no averments to which a response is required. To the extent that a response may be required, Plaintiff incorporates paragraphs 1 through 8 of its Complaint as though herein set forth at length. 10. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of Defendant's averments, and strict proof thereof is demanded at the time of trial. 11. The averments contained in Paragraph 11 of Defendant's New Matter constitute conclusions of law to which no response is required. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant for the amounts demanded in its Complaint. Ex??T Respectfully submitted, James C\, V"brodt, `Esquire PA I.D?I 42524 Weltrh , Weinberg & Reis Co. L.P.A. 27?i Y?,4ppers Building 436 §6venth Avenue Pittsbureh. PA 15219 (412) 434-7995 WWR4 04406189 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff s Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are hue and correct to the best of his knowledge, information and belief. CERTIFICATE OF SERVICE I, James C. Warmbrodt, hereby certify that a true and correct copy of the Reply to New Matter was served on Defendant's attorney by regular U. S. Mail, postage prepaid, this 'Lday of l ° r , 2005, addressed as follows: Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION DISCOVER BANK, Plaintiff, V. CHARLES A. LUCAS AKA CHARLES LUCAS, Defendant. CASE NO: 05-4917 PLAINTIFF'S REQUEST FOR ADMISSIONS Plaintiff demands that defendant answers and respond to the following Request for Admissions pursuant to Pa. Rules of Civil Procedure 4014. You are requested to admit the truth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer Ei c"' IT or director or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. 7. In these Requests for Admissions: A. The word "person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "document(s)" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity", "identify", "identification", when used with respect to a person(s) means to state the full name and present or last known address and business address of such person(s) and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity", "identify" "identification", when used with respect to a date, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each ep rson who have possession, custody, and control of said document(s). If any such document was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify", when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identify each and every Person(s) participating in such an act; (3) identify all other person(s) (if any) present when such act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identify the Person(s) presently having possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 9. These requests are of a continuous nature. REQUEST FOR ADMISSION NO. l: Defendant applied for and received a credit card issued by Discover Bank bearing account number 6011002970770483 through the internet. Admitted Denied If the answer to Request for Admissions No. 1 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 2: Attached hereto as Exhibit "1" is a true and correct copy of the credit application for the account number 6011002970770483. Admitted Denied If the answer to Request for Admissions No. 2 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 3: Defendant used the credit card issued by Discover Bank bearing account number 6011002970770483 to purchase goods, materials and services. Admitted Denied If the answer to Request for Admissions No. 3 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 4: Attached hereto as Exhibit "2" are true and correct copies of the statements dated December 24, 2004 through August 31, 2005 for the subject credit card account no. 6011002970770483. Admitted Denied If the answer to Request for Admissions No. 4 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 5: The subject credit card account no. 6011002970770483 is subject to finance charges of 25.24% per annum on the unpaid balance. Admitted Denied If the answer to Request for Admissions No. 5 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO.6: Defendant is required to make monthly payments to Plaintiff on any outstanding balances owed on the subject credit card account no. 6011002970770483. Admitted Denied If the answer to Request for Admissions No. 6 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO.7: Defendant has failed to make any payments to Plaintiff on the subject credit card account no. 6011002970770483 since February 11, 2005. Admitted Denied If the answer to Request for Admissions No. 7 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO.8: Defendant has not submitted any written dispute as to any accounting inaccuracy concerning the amounts demanded by the Plaintiff on the subject credit card account no. 6011002970770483. Admitted Denied If the answer to Request for Admissions No. 8 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO.9: The balance owed by the Defendant to the Plaintiff on the subject credit card account no. 6011002970770483 as of August 31, 2005 was $3,656.88. Admitted Denied If the answer to Request for Admissions No. 9 is "denied", then supply specific written documentation supporting the denial. Jam C. WarAl PA .D. #42524 V)PVLTMAN, WEINBERG & IS CO., L.P.A. 18 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 WWR# 03905882 CERTIFICATE OF SERVICE I, James C. Warmbrodt, hereby certify that a true and correct copy of the Request for Admissions was served on Defendant's attorney by regular U. S. Mail, postage prepaid, this day of _0-; 2005, addressed as follows: Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 01/16/2006 11:29 7172412280 D LOVELACE PAGE 03/15 DISCOVER BANK : IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. : CIVIL ACTION - IN LAW CHARLES A. LUCAS NO. 05-4917 AKA CHARLES LUCAS : Defendant DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS AND NOW, comes the Defendant Charles A. Lucas, by and through his attorney, Douglas C. Lovelace, Jr., and does respond to Plaintiffs Request for Admissions directed to the Defendant, stating as follows: 1. Denied. The Defendant did not apply through the internet for a credit card issued by the Plaintiff. The Plaintiff solicited, via ordinary mail, the Defendant's application for a credit card. The Plaintiff invited the Defendant to respond via mail or telephone to determine if the Defendant was eligible for a transfer of up to $50,000 from any credit cam the Defendant may possess to the credit card offered by the Plaintiff. The Defendant respurided by calling the 1-800 number the Plaintiff Included in its solicitation. 2. Denied. The Defendant denies ever having seen the document the Plaintiff claims is a true and correct copy of a credit application the Defendant submitted. The Defendant did not submit such an application and has no knowledge of the document's origination. On the contrary, the Defendant telephoned the 1-800 number supplied by the Plaintiff in its written solicitation mailed to the Defendant and spoke to a female claiming to be the Plaintiff's agent. The Defendant asked the female customer service E(iiOBIT 01/16/2006 11:29 7172412280 D LOVELACE PAGE 04/15 representative it he was eligible to transfer the amount of $11,900 from a credit card he possessed to a credit card to be issued by the Plaintiff. The Plaintiff's agent offered to permit the Defendant to transfer up to $3,000 to a credit card to be issued by the Plaintiff. The Defendant specifically declined the Plaintiffs offer, because the transfer of only $3,000 would not meet the Defendant's financial objectives. 3. Denied. The Defendant has never used, for any purchases whatsoever, the subject credit card alleged to have been issued by the Plaintiff. By its own terms, the Plaintiffs Exhibit 2 to its Request for Admissions evidences this statement of fact. 4. Denied. The Defendant admits to having received copies of account statements from the Plaintiff and that Exhibit 2 of Plaintiffs Request for Admissions reflects such statements. However, the Defendant denies Exhibit 2 contains true and correct copies of statements for the subject credit card. The statements are untrue and incorrect in that they imply that the Defendant entered into a credit card agreement with the Plaintiff through which the Defendant became indebted to the Plaintiff. The Defendant did not enter into any such agreement; therefore, the statements generated by the Plaintiff are neither true nor correct. By way of further answer, the Defendant admits to having paid $61 toward the balance on the subject credit card because the Defendant initially thought he had no recourse to the unethical business practice by which the Plaintiff unilaterally issued the unwanted credit card to the Defendant. However, after additional consideration, the Defendant realized he has no legal or moral obligation lu make any payments to the Plaintiff. 2 01/16/2006 11:29 7172412280 D LOVELACE PAGE 05/15 5. Denied. Since the credit card account the Plaintiff unilaterally established for the Defendant is invalid, any finance charges resulting from that alleged account also are invalid. 6. Denied. Since the Defendant has not entcrod into any agreement with the Plaintiff for the use of the subject credit cans and, in fact, has not used the subject credit card, the Defendant is not required to make any payments to the Plaintiff. 7. Denied. The Defendant has no obligation to pay any amounts to the Plaintiff and, therefore, has not failed to make any payments properly due and owing. The Plaintiffs liability, if any, regarding the subject credit card is the result of the Plaintiffs unilateral actions and is the sole responsibility of the Plaintiff. 8. Admitted in part and denied in part. The Defendant admits he has not submitted a written dispute to the accuracy of the alleged account. However, the Defendant denies any claim that he has not disputed the accuracy and validity of the account. On the contrary, with the Defendant's permission and as agreed upon by the Plaintiff, the Defendant's spouse spoke to the Plaintiffs agents on two separate occasions to dispute the validity and accuracy of the alleged account. Plaintiffs agents falsely reported to the Defendant's spouse that the Defendant had applied for the subject credit card through the mail and had actually signed an application. Realizing the depth of the Plaintiff's deception, the Defendant and his spouse decided it was necessary to seek legal assistance to protect themselves from the Plaintiff. Any claim that the Defendant did not dispute the validity or accuracy of the alleged account is false. 3 01/16/2006 11:29 7172412280 D LOVELACE PAGE 06/15 9. Denied. The Defendant denies any legal responsibility for the balance of the alleged credit card account. The Plaintiff created the account unilaterally, without the request, agreement, or authorization of the Defendant. Respectfully submitted, eae r ??. Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle. PA 17013 (717) 385-1866 Attorney for Defendant Dated JewaOA? S aod6 4 01/16/2006 11:29 7172412280 D LOVELACE PAGE 07/15 VERIFICATION Charles A. Lucas hereby states that she is the Defendant in this action and that the statements of fact made in the foregoing Defendant's Response to Plaintirrs Request for Admissions arp true and correct to the best of his personal knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: January l , 2006 Charles A. Lucas 01/16/2006 11:29 7172412280 D LDVELACE PAGE 08/15 CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for Defendant, Charles A. Lucas, hereby certify that on January 16, 2005, 1 served a true and correct copy of the foregoing Defendant's Response to Plaintiffs Request for Admissions upon the following below named individual via fax and by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: James C. Warmbrodt, Esquire Weltman, Weinberg & Reis CO., L.P.A. 323 West Lakeside Avenue, 2nd Floor Cleveland, Ohio 44113 Fax: (412) 338-7130 Attorney for Plaintiff Douglas C. Lovelace, Jr., Esquire Attorney Identification Number. 83889 36 Donegal Drive Carlisle, PA 17013 (717)385-1866 FEB-13-2006 14:24 91/16/2866 11:29 WWR GROVE CITY 77,72412298 D LOVELACE 6148012601 P.06 PAGE 89/15 DISCOVER HANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff ; PENNSYLVANIA V. CIVIL ACTION -IN LAW CHARLES A. LUCAS NO. Oro-4917 AKA CHARLES LUCAS Defendant DEFENDAWS RE VESTS FOR AQMISSIO S ADDRESSED TO PLAINTIFF TO: Discover Bank c/o James C. Watrmbrodt, Esquire Weltrnan, Weinberg 8 Reis CO., L.P.A. 2718 Koppers Building 438 Seventh Avenue Pittsburgh, Pennsylvania 15219 Pursuant to Pennsylvania Rule of Civil Procedure number 4014, defendant Charles A. Lucas, by his undersigned attorney, hereby requests that plaintiff make the following admissions within thirty days after service, f+ar the purposes of this action only, and subject to all pertinent objections as to relevancy which may be interposed at the trial of this case. 1. INSTRUCyQR4 1. These requests for admissions are directed to the Plaintiff, Discover Bank, its officers, employees, agents, servants, assigns, representatives, past and present, and unless privilege is claimed, each and every attorney, past and present, of each and every such individual or entity. As used herein, "plaintiff," "you" and "your" means file plaintiff to which these requests for admissions are addressed, Discover Bank, its officers, employees, agents, servants, assigns, representatives, past and present, and each and every attorney, past and present, of each and every such individual or entity- 2. If any objections are made to any request for admission, the reasons therefore shall be stated in detail. 3. If there is any claim of privilege relating to any request to admit, you shall set forth fully the basis for the claim of privilege, including the facts upon which you rely to support the claim of privilege, in sufficient detail to permit the court to rule on the propriety of the privilege. rMi I FEB-13-2006 14:24 WWR GROVE CITY 6148012601 P.07 81/16/2966 11:29 7172412280 D L©VELACE PAGE 18/15 4. If your response to any request is not an unqualified admission, your answer must specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. 5. A denial shall fairly meet the substanoe of the requested admission, and when good faith requires that you qualify your answer or deny only apart of the matter of which an admission is requested, you should specify so much of it as is true and qualify 5. You may not give lack of information or knowledge as a reason for (allure to admit or deny, unless you state that you have made reasonable inquiry and that the information known to you or readily obtainable by you is insufficient to enable you to admit or deny. 7. These requests for admission are continuous in nature and must be supplemented promptly if you obtain or learn further or different information between the date of the response and the time of trial by which you know that a previous response was incorrect when made, or though correct when made, is then no longer true. 8. Unless otherwise indicated, the time period to which these requests for admission are directed is from on or about July 1, 2004 through the present, 9. If you fail or refuse to admit to the truth of a statement of NtA for which admission is sought herein, and the Defendant thereafter proves the truth thereof, you are subject to reimbursing the Defendant for the reasonable expenses incurred in making such proof, inducting but not limited to attorney fees, witness expenses, recording and reporting costs, and administrative fees. 10. Provide admissions or denials in the space provided after each request for admission. If there is insufficient space in which to respond, the remainder of the admission or denial shall follow on a supplemental sheet. 11. DEFINITIONS 1. All verbs are intended to Include aP teases. 2. References to the singular are intended to include the plural and vice versa. 3. "Any" as well as-air shall be construed to mean "each and every." 4 "And" as well as "or" shall be construed disjunctively as well as conjunctively, as necessary, in order to bring within the scope of these requests all information that might otherwise be construed to be outside their scope. 5. "Refer to" or "relate to" means constituting, defining, describing, discussing, involving, concerning, containing, embodying, reflecting, identifying, stating, analyzing, FEB-13-2006 14:24 WWR GROVE CITY 6148012601 P.08 01/16/2006 11:29 7172412200 D LOVELACE PAGE 11/15 mentioning, responding to, referring to, dealing with, commenting upon, or in anyway pertaining to. 1I16REQUESTS FOfi,I OMISSIONS 1. The Plaintiff, via U.S. Postal Service mail, invited the Defendant to apply via telephone for a Discover stank credit card. 2. The Defendant contaced the Plaintiff via telephone to discuss applying for a Discover Bank credit card for the purpose of transferring an $11,900 balance from a credit card held by the Defendant to a credit card that would be issued by the Plaintiff. 3. The Plaintiff refused to agree to a transfer of $11,9oo to the proposed Discover Bank credit card, but offered do accept transfer of up m $3,QOo from a cre It card held by the Defendant. a. If the Plaintiff does not admit in full to the above statement, Plaintiff must provide specific and complete written domirrin station substantiating any full or partial denial. 3 FEB-13-2006 14:25 WWR GROVE CITY 6148012601 P.09 01/16/2006 11:29 7172412288 D LDVELACE PAGE 12/15 4. The Defendant declined the Plaintiffs offer to transfer $3,000 and the Plaintiffs offer to issue a credit card to the Defendant a. If the Plaintiff does not admit in full to the above statement. Plaintiff must provide specific and complete written documentation eubelantisting any full or partial denial. S. NoWMetanding the Defendant's declination of the Plaintiffs offer to issue the Defendant a credit card, the Plaintiff mailed a credit card to the Defendant, with the account number of 001100297077D483. a. If the Plaintiff does not admit in full to the above statement, Plaintiff must provide specific and complete written documentation substantiating any full or partial denial. 6. The Defendant did not activato the subject credit card mailed to him by the Plaintiff. a. If the Plaintiff does not admit in full to the above statement, Plaintiff must provide specific and complete written documentation substantiating any full or partial denial. 4 FEB-13-2006 14:25 WWR GROVE CITY 6148012601 P.10 01/16/2086 11:29 7172412288 D LOVELACE PAGE 13/15 7. The Defendant did not charge any purchases on the subject credit card mailed to him by the Plaintiff, a. If the Plaintiff does not admit in full to the above statement. Plaintiff must provide speck and complete written documentation substantiating any full or partial denial 8. The Defendant did not submit nor sign a written application for the subject credit card. a. If the Plaintiff does not admit in full to the above statement, plaintiff must provide specific and complete written documentation substantiating any full or partial denial. 9. The Defendant did not apply for the subject credit card over the Internet a. If the Plaintiff does not admit in full to the above statement. Plaintiff must provide speclflo and complete written documentation substantiating any full or partial denial. 5 FEB-13-2006 14:25 01/16/2896 11:29 WWR GROVE CITY 7172412208 D t-OVELACE 10. The Defendant did not apply for the subject credit card telephonically. 6148012601 P.11 PA13E 14/15 a. If the Plaintiff does not admit in full to the above statement, Plaintiff must provide "cifc and complete written documentation substantiating any full or partial denial. 11- The Defendant did not authorize the Plaintiff to transfer any balance or amounts from any of Defendant's credit cards to the subject credit card. a. If the Plaintiff does not admit in full to the above statement, Plaintiff must provide specific and complete written documentation subdantlating any full or partial denial. Dated Q6wCt+?y ts, aw Respee fully submitted, or- Douglas C. Loveace, Jr. Esquire Attorney identification Number. 83M 36 Donegal Drive (''"Usk-, PA 17013 (717)3$5-1866 6 FEB-13-2006 14:25 81115/2ee6 11,29 WWR GROVE CITY 7172412280 D LUM CE 6148012601 P.12 PAGE 15/15 CERTIF QATE OF gVICE 1, Douglas C. Lovelace, Jr., attomey for Defendant, Charles & Lugs, hereby Certify that on Janu2ry76, 2005, 1 served a true and correct copy of the foregoing Defendant's Request for Admissions Addressed to Plaintiff via fax and by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON. James,C. Warmbrodt, Esquire Weltmon, Weinberg & Reis CO., L.P.A. 323 West Lakeside Avenue, 2"d Floor Cleveland. Ohio 44113 Fax (412) 338-7130 Attomey for Plaintiff P- ? A_ Douglas C. Lovelace, Jr., Esquire Attorney Identification Number. 83889 36 Donegal Drive Carlisle, PA 17013 (717)385.1856 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, No. 05-4917 VS. CHARLES A. LUCAS, AKA CHARLES LUCAS, Defendant. PLAINTIFF'S ANSWERS TO DEFENDANT'S REQUESTS FOR ADMISSIONS AND NOW, comes the Plaintiff, Discover Bank, by and through its attorneys, Weltman, Weinberg & Reis, Co., L.P.A., and files the following Answers to Defendant's Requests for Admissions: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Defendant accepted a Discover account with a $3,200 credit limit, and authorized a $3,000 balance transfer to pay a Direct Merchant's account, as reflected on the statement of December 24, 2004 attached hereto. 5. It is denied that Defendant declined Plaintiff's offer to issue a credit card to the Defendant. Plaintiff incorporates its Answer set forth in Paragraph 4, above, by E6cIT reference thereto as though herein set forth at length. It is admitted that Plaintiff issued the credit card to the Defendant. 6. Admitted. By way of further response, Plaintiff incorporates its Answer set forth in Paragraph 4, above, by reference thereto as though herein set forth at length. 7. Denied. By way of further response, Plaintiff incorporates its Answer set forth in Paragraph 4, above, by reference thereto as though herein set forth at length. 8. Admitted. By way of further response, Plaintiff incorporates its Answer set forth in Paragraph 4, above, by reference thereto as though herein set forth at length. 9. Admitted. 10. Denied. By way of further response, Plaintiff incorporates its Answer set forth in Paragraph 4, above, by reference thereto as though herein set forth at length. 11. Denied. By way of further response, Plaintiff incorporates its Answer set forth in Paragraph 4, above, by reference thereto as though herein set forth at length. Respectfully submitted, Jame . Warmbrodt, Esquire PA # 42524 Wet , Weinberg & Reis, Co., 2,11 Koppers Building 43 Seventh Avenue P ttsburgh, PA 15219 (412) 434-7995 WWR# 04406522 ' new balance DIS VER $3.050.00 CARD 24 SDSN6A01 0001471 CHARLES A LUCAS 4820 CHARLES RD MECHANICSBURG PA 17050-3077 minimum payment due account number 6011 0029 7077 0483 $61.00 enter amount enclosed below I payment due date $ January 23, 2005 Please make check payable to Discover Card a pay online @ Discovercard.co m.. ?- / \ To order Cash Access Checks, select your P.I.N., or to find cash locations call .? 1-800-DISCOVER (1.800-347-2683) or visit Discovercard.com. C PO Box 15251 Illrrrlirrkrrlrirlkrl,irrll WILMINGTON DE 19886-5251 nddressor telephonechaVe? Please print change in the space above. IukIIIkInIultlnlnllnrLlrltltlrltlrruliklkluulliklul or go to Discovercard.rrom. 000006011002970770483030500000000000006100 Discover Card Account Summary account number 6011 0029 7077 0483 payment due date January 23, 2005 minimum payment due $61.00 credit limit $3,200.00 credit available $150.00 cash credit limit $800.00 cash credit available $150.00 Closing Date: December 24, 2004 page 1 of 2 previous balance $0.00 payments and credits 0.00 purchases + 0.00 cash advances + 0.00 balance transfers + 3,000.00 FINANCE CHARGES + 50.00 new balance = $3,050.00 You may be able to avoid periodic Finance Charges, see the reverse side for details. Protect your good credit during this busy Holiday season. ProfileProtect(R) helps you manage your credit, prevent identity theft & reduce your risk of fraud. ProfileProtect provides a copy of your credit report, monitors your credit file every business day & alerts you to changes. Enroll today 1.866.708-0672 or Discovercard.comlProfileProtect. Opening Cashback Bonus Balance $ 0.00 Cashback Bonus° New Cashback Bonus Earned * 0.00 Cashback Bonus Balance $ 0.00 Available to Redeem $ 0.00 Cashbook Bonus® Anniversary Date: June 4 Keep using your Discover(R) Card and watch your Cashback Bonus(R) award growl Remember, once your Cashback Bonus award is at least $20, you can redeem your award by calling us or by logging into the Account Center at Discovercard.com. Transactions trans. post date date previous statement balances FINANCE CHARGES: OLD BALANCE $ 0.00 FINANCE CHARGES: CASH 0.00 FINANCE CHARGES: PURCHASES 0.00 FINANCE CHARGES: BALANCE TRANSFERS 0.00 PRINCIPAL: OLD BALANCE 0.00 PRINCIPAL: CASH 0.00 PRINCIPAL: PURCHASES 0.00 PRINCIPAL: BALANCE TRANSFERS 0.00 post tran date a EXHIB IT 19 DIRECT MERCHANTS 5458004066 Nov 19 3,000.00 Nov 19 Nov 19 SAL TRANS TRANSACTION FEE F 50.00 Nov 19 APR 0.00% EXPIRES 0212006 Questions? Call 1.880-DISCOVER (1-800-347-2883) or log onto Discovercard.com. For TDD PqA I. IF (Telecommunication Device for the Deal) assistance, tall 1-e00-347-7449. Send billing error notice lo: er.•Ven nr 02/13/2006 17:17 6147716646 PAGE 12/13 FEE-13-2006 14:25 LJLJR r,ME CITY 6145012601 P. 1.; VEER CATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. X4904 relating to unworn falsifications to authorities, thzt he/she is anme) _of _ i sc? ? est ?%?4.,?1. "C- :!K ??aintilf herein, that ('T'itle) (Company) he/she is duly authorized to make this lrerificution, and that the facts set forth in the foregoing Plaimifrs Response to Defendant's Requests for Admission are true and correct to the best of his/her knowledge, information and belief. . t -J- (Signature) Charles A. Lucas Discover account no. 6011 0029 7077 04;13 WWR# 04406522 TnTAI P.1 i 04/28/2006 08:06 FAX 717 972 0891 COM & SOC PROGRAMS ??b 002 --? DIRECT ERCHArTC BA?T i 0AROMEMSER SERVICES 1 PO BOX 21550 TULSA OK 74121.1550 MAKE PAYMENTS PAYAOLE . DIRECT MERCHANTS BANK YOUR PAYMENT COUPON MINIMUM STATEMENT NEW BALANCE PAYMENT DUE DATE 9,961.29 250.00 laroslaa ? New address smal" Check box, See reverse side. $ENV PAYMENTS TO: PAYMENT CENTER Po BOX 105278 ATLANTA GA 303485278 ACCOUNT NUMBER 5458 AM?U?f 9743 =4MOUNT,PA== NT MUST ENCLOSED EIVED BY 0,00 1213 11041, 023 CHARLES LUCAS F5840 ANN LUCAS 4820 CHARLES RD MECHANICSBURG PA 17050-3077 t,,, l i l t„{i { ?,••1,LIL,,,,11,11„d l„I1,,,1„I,tll,,,i„I,I 5458004066aa97430002C5000009` 61298 ent Center a0dre8e ahawe in the envelope window. - " ortian In the enalooed envek e. Be nllre the Paym?y? ! J,,,^ P _ Detach and inewt thin toP P DIRECT -- - ---------? _. -._ CHANTS BAN K° ..a a N .,_...,. er+vttme: wWw?acourrioe ?lOnlh T CHARGSS AND CREDITS A VIF-W OF YOUR RECEN CREDITS CHAR6E5 TRANS POST REFF-RIENCE DESCRIPTION DATE DATE 3000.00 - pAYMENTS AND CR85 D8{'I'SNp3JMBQOTD PAYMENT -THANK YOU $7.87 1122 11122 FURCHASES, CASH ADVANCES & FEES ACCOUNT PROTECTION PLUS 042754 MECHANICSBURG PA 37.09 40.42 12106 12106 11/06 0541019N8SA5G4F4o KMART 00 /(MART 00042754 MECHANICSBURG PA 79,85 11106 11108 11/06 0541014NeSA5Q4F47 5643286N60o4sVKSH GTH"LESLIE SANSONE FIT 800.350.7115 NY 68 SHSHD MECHANICSBURG PA 54.74 15.00 11110 4 11110 11!24 0548307NSLM869VV7 WEIS MARKETS X SUNOco CA HILL PA 69,99 1112 11/25 11r25 0548307NS3FRAONM0 5543178NW03P5ADR5 HECHTS#29C MP HILL PA 74.19 15.89 1126 11r26 11127 5554807NXN4PTTVXV BLOKCKeUSTER VIDEO #422 MEC ANICSBURG PA 59.43 11127 11128 5554186NY2326FKE3 CAMP HILL PA A STORES #61 GIANT FOOD 20,00 11128 1128 1128 5554196NY2922APOL 0541019NaHF4MSHK 92024 91 1 FRENC"VILLE PA Y #1639 003 MECHANI SBURG PA CRS PHARMA 21.00 22.60 11129 11/29 1129 054440NZMT C SUNOCO KYLERTOWN PA 29.70 9 112 11129 11/29 11/30 0548307N23FRBG03FRBGbSM 0548307NZ3FRASE73 SUNOCO MECHANIC88UR PA PY'S CENTRE HALL PA PA 15.00 767 $? . _• 11/30 Ill= 054a307P0LM7WXM02 SNAP AUTO SERVIM EXPERT MECHANICSBURG DA _ 16.00 11130 01 1 7 12101 12103 8543154PoWG54XPF2 0548307P23FRB048B MI S SUNOCO 11fIECHANICSgUR PA PPY'S CENTRE HALL PA 20,00 29.00 1 2103 3 120 0548307P31.WY4,145 SNA TEXACO ING 91004004810 DUNCANNON PA 17.80 1210 4 12/04 5543286P400VWKiGK2 ANNON PA CLARKS FERRY ALL A 23,50 170 1204 12104 12104 0548307P31-YHMJBMI o548307P4LM7Y1 NT6 SNAPPY 5 SNTRE HALL PA S MARKETS #58 SHSHD MECHANICSBURG PA 88.50 132,55 12104 12/04 12/04 0548307P4LM62z4MP ' WEI PURCHASES 5132.55 CASH AOVANCE $0.00 -FINANCE CHARGE A SUMMARY OF YOUR CURRENT PROMOTIONAL OFFERS DAILY PROMOTIONAL CURRENT AVERAGE NCE DAILY PRO RAT OFFER ONAL E3ALANCE ,010929'0 PROru10TIONALOHECK 2,810.58 4,288.75 7 g 0412D6 Pago I of 2 5954 0299 XPD Z ANNUAL FINANCE PERCENTAGE MIN PAY DUE CHARGE RATE . NIA 15,45 3.9909 8800 ,4000 1688 D1A0994 55840 04/28/2006 08:06 FAX 717 972 0891 COM & SOC PROGRAMS Z003 DIRECT MERCHANTS BANV ACCOUNT NUMBER 5458 0040 6602 9743 YOUR ACCOUNT SUMMARY. DECEMBER 2004 ACCOUNT SUMMARY ND PAYMENT INFORMATION CRED1f LINE INFORMATION $ y 1a00 PREVIOUS BALANCE 61 121793 39 1595 ACCOUNT A ACCOUNT NUMBER 5459 0040 6602 9743 TOTAL CREDIT LINE 1353 CREDIT TOTAL AVAILABLE It pURCtIA9E5 SH ADVANCES + . 0.00 NEW 19A1AINCE 9900- "G1250-W p0 LIMIT 5700 CASH ADVANCE CREDIT Drr L 1353 CA capDlTs 0.00 MINIMUM PAYMENT DUE 0,00 ADVANCE AVAILABLE CREDIT 0 00 CASH CASH ADV _ PAYMENTS 300080 AMOUNT PAST DUE ' AMOUNT QVERLIMIT ' OTHER 0.00 PAYMENT MUST PE DEC 31, 200`1 ECEIVED BY ASH ADVANCE CREDIT LIMIT IS A -C N OF YOUR TOTAL CREDIT LINE. FINANCE CHARGE + _ 149.00 9951,29 R PORTIO NEW BALANCE CARDMEMBER SERVICE CENTER: B00.379-7999 PAYMENT BY PHONE: 877.2-PAY'CARD TDI) cuST l+RgM OUTSIDE THE ?AyMENT TO: AYMENT CENTER, 1-15ARBOXING ATLANTA GA 3OW-5278L: $77-902-0967 Ll_5CT: 904-997-4997 S MAIN INQUIRIES TO: PA EMBER SERVICES, PO BOX 21550, TULSA, OK74121-1550 REVERSE a IwwwacaouIMPORTANT n"on Ine.corn?ON. pay Ontlne, Y1 E MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO TS W CREDIT BUREAUS. LATE PAYMENTS, OR OTHER DEFAUL Lt=C'TED IN YOUR CREDIT REPORT. e ro ON YOUR ACCOUNT MAY BE REF UR FINANCE CHARGES ExCLUt31NG PROMOTIONAL OFFERS UMBER A SUMMARY OF YO NOMINAL ANNUAL N OF DAYS STATEMENT AVERAGE DAILY ANNUAL FINANCE PgRCENTA.E ' ' PER ACE CLOSING IN BILLING DATE DAILY PERIODIC C E CHARGE RA RATE BALANCE RATE 42.255 2424 % ° 24.24 ? PURCHASES 6049.52 •066110% 00 29.49 % 0 ! 39 DEC 6,2004 . e 29,99 9 CASH ADVANCES D-00 08215% hone is fast and easy. Just 0511 I Making payments by p - 24 hours a day T days s week. 1.877-2-PAY-CARD I ?I DISCOVER BANK .: IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW CHARLES A. LUCAS NO. 06-4917 AKA CHARLES LUCAS Defendant DEFENDANT'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS ADDRESSED TO PLAINTIFF-- FIRST SET TO: Holly Christian, Esquire Attorney for Plaintiff, Discover Bank Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 Defendant, Charles A. Lucas, by his undersigned attorney, requests that plaintiff answer and verify the following interrogatories and produce the requested documents and things within thirty days of service in accordance with Pa. R.C.P. No. 4005, 4006, and 4009.1 et seq.. These interrogatories and requests for production of documents and things are deemed to be continuing, and the plaintiff's response should be supplemented upon receipt of additional or different information: 1. INSTRUCTIONS AND DEFINITIONS Please follow these instructions and use the following definitions in answering these interrogatories. Any term or word that is not defined herein has its usual and customary meaning. ExHiB1T 1. Duty to answer: Each of the following interrogatories shall be answered separately and fully in writing and served upon the undersigned within 30 days of their service on you. The answers shall be signed and verified by the person making them. Objections, if any, shall be signed by the attorney making them. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. 2. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, employees, servants, officers, directors, accountants, attorneys (unless privileged), or other persons acting or purporting to act on behalf of the party to whom these interrogatories are addressed. You must make inquiries of your agents, employees, etc., whenever such inquiry is necessary to enable you to answer these interrogatories completely and accurately. 3. When, after a reasonable and thorough investigation, you are unable to answer any interrogatory, or any part thereof, because of lack of information available to you, specify in full and complete detail the reason the information is not available to you and what has been done to locate such information. In addition, specify what knowledge or belief you have concerning the unanswered portion of the interrogatory and set forth the facts upon which such knowledge or belief is based. 4. Where an interrogatory does not specifically request a particular fact, but where such fact or facts are necessary to make the answer to the interrogatory either comprehensible, or complete, or not misleading, you are requested to include such fact or facts as part of the answer, and the interrogatory shall be deemed specifically to request such fact or facts. 2 5. If, in answering these interrogatories, you encounter any ambiguity, in a question, instruction, or definition, set forth the matter deemed ambiguous and the interpretation you used in answering. 6. If you assert a privilege, work product immunity, or decline to provide an answer on the basis of some other objection, please: a. identify and describe the document or communication in question; b. describe the basis for the asserted privilege or objection; c. identify every person to whom the document was sent, or every person present when the communication was made; d. identify the present custodian of the document, if any. Include sufficient facts for the court to make a full determination of whether the claim or objection is valid. 7. Unless otherwise indicated, these interrogatories refer to the time, places and circumstances of the occurrences mentioned or complained of in plaintiffs complaint, defendant's answer, and any other pleadings of the parties. 8. The pronoun "you" refers to the party to whom these interrogatories are addressed, the party's agents, representatives and, unless privileged, the party's attorneys. Additionally, the pronoun "you" refers to each parent, predecessor, subsidiary, affiliate, and each present and former officer, employee, agent, representative, and attorney of a corporate or other business entity. 9. The word "person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, department, or other units therein, and shall include without limitation a public or private corporation, partnership, joint venture, voluntary unincorporated association, organization, proprietorship, trust, state, government agency, commission, bureau, or department. 10. The term "document" means any medium in which information or intelligence can be recorded or retrieved, and includes, without limitation, the original or copy, regardless of origin and location, of any book, pamphlet, periodical, letter memorandum, (including any memorandum or report of a meeting or conversation), invoice, bill, order, form, receipt, financial statement, accounting entry, diary, calendar, telex, telegram, cable, report, record, contract, study, handwritten note, draft, working paper, chart, paper, print, laboratory record, drawing sketch, graph, index, list, tape, photograph, microfilm, data sheet, data processing card, phonographic and audio tape, magnetic tape, computer disk, memory stick or USB drive, any other computer storage medium, or any other written, recorded, automated, transcribed, punched, taped, filmed, graphic matter, and any other data compilations from which information can be obtained, however produced or reproduced, which is or was in your possession, custody or control. 11. The term "communication" means any oral or written utterance, notation, or statement of any nature whatsoever between or among two or more persons, by or to whomsoever made, and including without limitation correspondence, documents, conversations, dialogues, discussions, interviews, consultations, agreements, and other understandings. 12. The word "identify," or words of similar import, when used in reference to: 4 a. a natural individual, requires you to state his or her full name, and present or last known residential address, business address, and telephone number; b. a corporation, requires you to state its full corporate name, and any names under which it does business, its date and place of incorporation, the address and telephone number of its principal place of business, and the identity, address and telephone number(s) of all its officers; c. a business other than a corporation, requires you to state the full name or style under which the business is conducted, its business addresses, its telephone numbers, and the identity of the persons who own, operate, and control the business; d. a document, requires you to state its description (e.g., letter, memorandum, report, etc.), title, date, subject matter, author's or authors' identity, addressees and recipients, and its present or last known location, and custodian's identity, including any documents prepared subsequent to any time period; e. a communication, requires you, if any part of the communication was written, to identify the documents which refer to or evidence the communication, and, if any part of the communication was non-written, to identify the persons making and receiving all or part of the non-written communication, the identity of persons present when the communication occurred, its date and time, where it occurred, whether it was recorded, and describe the substance thereof. f. any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. 13. The word "incident" means the occurrence that forms the basis of a cause of action or claim set forth in a pleading in the captioned matter. 14. When an interrogatory requires you to "describe," to "state the basis of," or to "state the facts" on which you rely to support a particular claim, contention, or allegation, state in your answer each and every fact and identify each and every communication or document which you contend supports, refers to, or evidences such claim, contention, or allegation. When an interrogatory requires you otherwise to describe or state the facts relating to any particular set of circumstances, act, event, transaction, occurrence, meeting, purchase, sale, agreement, contract, venture, relationship, conversation, representation, communication, or other item of information, state briefly in your answer the facts (including dates and places) relating to such transaction, occurrence, relationship, set of circumstances, etc.; identify any persons who are or were parties thereto or have knowledge thereof; and identify any communications and documents relating to or evidencing such transaction, occurrence, relationship, set of circumstances, etc. 15. Production of documents and things: You are required to furnish at my office, on or before 30 days of service of this request on you, a legible photostatic copy or like reproduction, or digital data on a digital computer storage medium readable by Microsoft Word, of the materials requested below which are in your possession, 6 custody, or control and which are not protected by the attomey/client privilege; or, alternatively, produce the requested material for inspection or copying. II. INTERROGATORIES 1. Describe, state the basis of, and state the facts on which you rely to support your claim that the defendant entered into a contract or agreement with Discover bank. State in your answer each and every fact and identify each and every communication or document, which you contend supports, refers to, or evidences such claim. 2. State the terms of the contract or agreement you allege the defendant entered into with Discover Bank and describe, state the basis of, and state the facts on which you rely to support your interpretation of the terms of the alleged contract or agreement. State in your answer each and every fact and identify each and every communication or document, which you contend supports, refers to, or evidences such terms. 7 3. Describe, state the basis of, and state the facts on which you rely to support your claim that the defendant breached the contract you allege the defendant had with Discover Bank. State in your answer each and every fact and identify each and every communication or document, which you contend supports, refers to, or evidences such breach. 4. Identify all Discover Bank employees or other representatives or affiliates who communicated with the defendant or his spouse regarding the account Discover Bank alleges to have opened for the defendant. 8 5. For those individuals identified in response to the foregoing interrogatory, identify the communications such persons had with the defendant or the defendant's spouse to include every agreement or understanding the plaintiff claims to have reached with the defendant and the manner by which the plaintiff claims to have reached such agreements. 6. Witnesses. a. Identify each person who (1) Was a witness to any communication identified in the foregoing interrogatory through sight or hearing and/or (2) Has knowledge of the facts concerning the communication prior to, at the time of, or after the communication. 9 b. With respect to each person so identified, state that person's exact location and activity at the time(s) of the communication(s). 7. Statements. If you know of anyone who has given any statement (as defined by the Pennsylvania Rules of Civil Procedure) concerning this action or its subject matter, state: a. The identity of such person; b. When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; 10 c. The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. 8. Trial witnesses. Identify each person you intend to call as a non-expert witness at the arbitration panel hearing or trial of this case and for each person identified state your relationship to the witness and the substance of the facts to which you expect each witness to testify. 9. Expert witnesses. Identify each expert you intend to call as a witness at the arbitration panel hearing or trial of this case, and for each expert state: a. The subject matter about which you expect the expert to testify; and b. The substance of the facts and opinions to which you expect the expert to testify and a summary of the grounds of each opinion. (You may file as your answer to this interrogatory the report of the expert or have the 11 interrogatory answered by your expert.) 10. Trial exhibits. Identify all exhibits that you intend to use at the arbitration panel hearing or trial of this case and state if they will be used during the liability and/or damages portions of the hearing or trial. 11. Books, journals, magazines, etc. If you intend to use any books, journals, magazines, or other such writing at the hearing or trial, state: a. The name of the writing; b. The author of the writing; 12 c. The publisher of the writing; d. The date of publication of the writing; and e. The identity of the custodian of the writing. 12. Demonstrative evidence. If you know of the existence of any photographs, motion pictures, video recordings, digital recordings, maps, diagrams, or models relevant to the incident, state: a. The nature or type of such item; 13 b. The date when such item was made; c. The identity of the person that prepared or made each item; and d. The subject that each item represents or portrays. 13. Trial preparation material. If you, or someone not an expert subject to Pa. R.C.P. No. 4003.5 conducted any investigation of the incident, identify: a. Each person and the employer of each person who conducted any investigation(s) and 14 b. All notes, reports, or other documents prepared during or as a result of the investigation (s) and the persons who have custody thereof. 14. If you intend to use any admission(s) of a party at trial, identify such admission(s). 15. Identify, list, and provide documentation for any communication or transaction between the plaintiff and the defendant, that has not already been provided as part of the pleadings. 15 III. REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS You are hereby requested to produce, pursuant to Pennsylvania Rule of Civil Procedure 4009, the following documents, writings, photographs or tangible things. Said documents, writings, photographs, or tangible things are to be produced, for the purpose of inspecting, photographing and copying, at 36 Donegal Drive, Carlisle Pennsylvania, 17013, on or before thirty days from the date of service of this Request for Production of Documents and Things: 1. Each and every document whose identification was requested, as well as any additional documents you identified in your answers to Defendant's Interrogatories and Request for Production of Documents and Things Addressed to Plaintiff-First Set. 2. All other transaction documentation, to include sales receipts, bills of accounts, credit receipts, statement of accounts, or any other accounting, whether in written or electronic form such as computer entries, relevant to the account the plaintiff claims to have established for the defendant, to include any documentation that demonstrates the defendant explicitly or implicitly agreed to establishing an account with the plaintiff. Aavr- e? - - Douglas C. Lovelace, Jr. Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Defendant Dated: 16 CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for Defendant, Charles A. Lucas, hereby certify that on May 22, 2006, 1 served a true and correct copy of the foregoing DEFENDANT'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS ADDRESSED TO PLAINTIFF-- FIRST SET by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: Holly Christian, Esquire Weltman, Weinberg & Reis CO., L.P.A. 323 West Lakeside Avenue, 2"d Floor Cleveland, Ohio 44113 Fax: (412) 338-7130 Attorney for Plaintiff Agwep- Arl. Douglas C. Lovelace, Jr. Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717)385-1866 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff, Case No.: 05-4917 vs. CHARLES A. LUCAS AKA CHARLES LUCAS, Defendant. PLAINTIFF'S RESPONSE TO DEFENDANT'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS-FIRST SET 1. Attached hereto and marked as Exhibit "A" is a copy of the cardmember agreement. Defendant accepted a Discover account with a $3,200.00 credit limit, and authorized a $3,000.00 balance transfer to pay a Direct Merchants account. A true and correct copy of the Discover Card monthly statement dated December 24, 2004 and the Direct Merchants account monthly statement dated December 12, 2004 reflecting said transfer are attached hereto and marked as Exhibit "B" and Exhibit "C" respectively. Defendant is bound by the terms of the cardmember agreement by his usage of the Discover card. 2. Plaintiff incorporates its Answer set forth in Paragraph 1, above, by reference thereto as though herein set forth at length. 3. _ . , ._ _ . Please refer to Exhibit "A". Defendant breached the contract by defaulting on payments to the Plaintiff. 4. Objection. The information requested by the defendant is undiscoverable information E)CCi' i 1 ,iT not pertinent or relevant to the material issues of this case. In Defendant's responses to Plaintiff s Requests for Admissions No. 4, Defendant admits to having received the copies of the monthly statements dated December 4, 2004 through August 31, 2005. Said statements directed Defendant to dispute transactions on said bill within 60 days of the receipt of said statements (See Exhibit `B"). Defendant has failed to provide any written documentation evidencing the disputed balance transfer transaction reflected on Defendants December 24, 2004 statement. 5. Plaintiff incorporates its Answer set forth in Paragraph 4, above, by reference thereto as though herein set forth at length. 6. Plaintiff incorporates its Answer set forth in Paragraph 4, above, by reference thereto as though herein set forth at length. 7. Plaintiff incorporates its Answer set forth in Paragraph 4, above, by reference thereto as though herein set forth at length. 8. Information unavailable at this time. 9. Information unavailable at this time. 10. The credit application. The cardmember agreement. Monthly statements dated December 24, 2004 through August 31, 2005. 11. Information not available at this time. 12. The information requested by the defendant is undiscoverable information not pertinent or relevant to the material issues of this case. 13. Information not available at this time. 14. Defendant's Responses to Plaintiffs Requests for Admissions No.4 and No.8. 15. Information not available at this time. Respectfully submitted, ?j Holly C. Chri i sq. 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Jun ?ar1oB Avatlaldata Redeenlt S moo nn?khYauragalpAr masretrt,. aonry?wA.a?14Z0, ri1a 6Yft raftwYow ? br ?G nRr ransaq oas tram po& eft QaN Arovleuf sMtaeloal aalaaan FIANCE AGES: C6D SAUW CE RNAAM CHARWG; CASK i 0.00 FWANW QWWO & P1IRCNASE6 000 FKMM CHARM gN Aka ppiNCIPALERS 0 00 ODD PffiNCIPAL: CASK 000 Pft*PALn PUACHA§ra 000 tr- t. PRINCIPAL,BALAKETAN4.V g ? 000 0 00 Nov Is GWCTMEACKA/Msem4aa4 Nt11r is EXHIBIT NarIS Nov to RAL7RAW 17 NOW Is TMNMCWMFMF 3,00000 EXPLWs 0"M (/ - OssaOs.,r CaI11JQD. (140 6000 R nD.W.iv 'vmor FA,,7.nt hLmmindena,.FaioO °?oaaaucsla ...r.? nlcrr„?, CERTIFICATE OF SERVICE A true and correct copy of within Plaintiff's Response to Defendant's Interrogatories and Requests for Production of Documents has been served by first class, U.S. Mail, postage pre-paid on the day of R f? , 2006, upon the following: Douglas Lovelace, Jr., Esq. 36 Donegal Drive Carlisle, PA 17013 9 a C. Christian, Esquire VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, she is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to her by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for filing of this pleading, and that the facts set forth in the foregoing pleading are true and correct to the best of her knowledge, information and belief. Date Hol y C. istian, Esquire CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff's Motion for Summary Judgment has been served "^ by U.S. Mail, Postage Pre-Paid, on of( ?t-'t; 2006 upon the following: Douglas C. Lovelace, Jr. 36 Donegal Drive Carlisle, PA 17013 BY Christian, squire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, vs. CHARLES A. LUCAS AKA CHARLES LUCAS, Defendant. Case No.: 05-4917 ORDER OF COURT AND NOW, to-wit, this day of , 2006, upon this Court's consideration of Plaintiff's Motion for Summary Judgment, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said Motion is GRANTED and Plaintiff is awarded judgment against Defendant, Charles A. Lucas, in the amount of $3,749.48 with continuing interest thereon at the legal rate of 6% from the date of judgment, plus attorney's fees of $500.00, plus costs. BY THE COURT J. Q ... - ? iV --,y f* -;? l,r `?? -iy `( ?` ?. ) _ ? jiI ? ? ` ?r?? ' 4 GORDON S. BEATTIE and CINDY L. BEATTIE, Individually and as Co-Administrators of the ESTATE OF ALLYSON E. BEATTIE, Deceased, Plaintiff, V. CIVIL ACTION - AT LAW KETHA RANCK, Defendant IN THE COURT OF COMMON PLEAS of the CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2005-5447- Civil JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I, JAMES G. NEALON, III, ESQUIRE, hereby accept service of the SAIDIS, FLOWER & LINDSAY nriomversxruw 26 West High Street Carlisle, PA Declaratory Judgment Action filed in the above captioned case. Date: ie ?o C c , 2006 James G. Nealon, III 2411 North Front Street Harrisburg, PA 17110 C? o L7 C c' cr -s _ -71 CD t?3 r ? R7 ?n rr; icn .Nm l Lii PRAECIPE FOR LISTING CASE FOR ARGUMENT 0 qYD G S72 2- (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) D,'5 Cover 2mk (Plaintiff ) VS. A, Lkcu AA/,4 C ar`e! l- cnc.tcs (Defendant) No. Civil - 41q 17 - 19 DS-- 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to canplaint, etc.): J Wellman, We?inberg,,& Reiss 2. Identify counsel who will argue case: 2718 Koppers Bldg, (a) for plaintiff: 71-m 4i 1Jc ° s-&4i j, 436 7th Ave. Address: Piftskwrgh, PA 15219 At.prne-y (414 434-7955 (b) for defendant: Dovy 1/AJ C Love Lt,-- Address: 3 6 1?onegG. l ??,ve , Car 1,-j ,-i l e ) P,4 • f -7n ! 3 3. I will notify all parties in writing within two days that this case bas been listed for argument. 4. Argument Court Date: Apr,' L oy, 2 o a 7 Attorney for ?L4VA-)rr - r ? (? v y V • ' ' N i/ f - 5 f' ap IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CHARLES A LUCAS Defendant No.05 4917 CIVIL PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Patrick Thomas Woodman,Esyuire PA I.D. # 34507 Weltman,Weinberg &Reis,Co. X71$ Koppers Building 436 Seventh Avenue Pittsburgh,Pa 15219 WWR#04406522 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. CHARLES A LUCAS Defendant Civil Action No. 05 4917 CIVIL PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, CHARLES A LUCAS, in the amount of $3,749.98 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: 6080vwwo- Attorney for Plaintiff CHARLES A LUCAS, By: 11 - d.'A. ) at - oil 04?%A Defendant WWR#04406522 t-= Li (71 N Q 0 L p' N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 05 4917 CIVIL CHARLES A LUCAS Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, CHARLES A LUCAS, above-named, in the amount of $3,749.98 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $3,749.98 with continuing interest SdO." X"4 thereon at a rate of 6% per annum from 04/05/07, plus attorneys' fees in the amount of $47999.00 and costs. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, CHARLES A LUCAS, in the amount of $3,749.98 plus 04/30/07 00 sbc.v o / continuing interest thereon at the rate of 6% per annum from 94f85f95z, plus attorneys' fees in the amount of $1,400.0 and costs. Plaintiff agrees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: Ob AQ?/ (a) $100.00 due by 44,30/07; (b) No less than $100.00 per month due on the 30th day of each consecutive month for the following 36 months to settle in full. C7 (c) Should the payments noted in sub paragraph (b) above not be made within ten days of the due date the entire balance of the judgment shall be immediately due and owing. 4. All payments are to be made payable to the order of " DISCOVER BANK " All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of 'FPM oei " Plaintiff or Plaintiff's counsel any payment in full within €*@- gj calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. Intending to be legally bound, the parties set their hands and seals this 16 day of JULY , 20 0'4. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Patrick Thomas Woodman,Esquire PA I.D. # 34507 Weltman,Weinberg &Reis,Co. 2718 Koppers Building 436 Seventh Avenue Pittsburgh,Pa15219 WWR#04406522 ?_ -ti k? l?ti. t.L'.r::...' C.? - }„ ?i i ?'? 'f. ?i f ?? p+ ???? A ? _ :J. ? ?... • ' By: Defendant, CHARLES A UCAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 05 4917 CIVIL CHARLES A LUCAS Defendant Douglas C. Lovelace,Esquire 36 Donegal Drive Carlisle Pa 17013 NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on jujA (xx) Assumpsit Judgment in the amount of $3,749.98 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary r I LEO -J,= €= THE PR( TM0 0?,a WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s) 12 MAY 14 PM 12: 27 I.D. No.86469 436 Seventh Avenue, Suite 1400 CUMBERLAND COUNTY Pittsburgh, PA 15219 PENNSYLVANIA Phone: 412.434.7955 Fax: 412.434.7959 File # 4406522 DISCOVER BANK Plaintiff CUMBERLAND County Court of Common Pleas vs. CHARLES A LUCAS Defendant(s) NO. 05-4917-CIVIL PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P By Sarah E. Ehasz, Esquire Attorney for Plaintiff $9. g10ACQ4f ?,? ioso92s? '??7s/sY