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Home My WebLink About03-3359 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK BY ITS AGENTS DISCOVER FINANCIAL SERVICES INC. Plaintiff No. CX2 - 33!:? CloiL~~ vs, COMPLAINT IN CIVIL ACTION BETH E, CHASE Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA J.D. #47437 WELTMAN, WEINBERG & REIS CO., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA ] 5219 (412) 434-7955 WWR#02930784 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK BY ITS AGENTS DISCOVER FINANCIAL SERVICES INC. Plaintiff vs, Civil Action No. (?.J ./ 1j~'1 BETH E. CHASE Defendant COMPLAINT IN CIVIL ACTION 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 enteIing a wIitten 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 HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 COMPLAINT I. Plaintiffis a corporation with offices at 3311 Mill Meadow Drive, Hilliard, OH 43026. 2. Defendant is an adult individual residing at Six Links Mobile Home Park, 155 Salem Church Road, Mechanicsburg, PA 17050. 3, Defendant applied for and received a credit card issued by Plaintiff's bearing the account number 6011-0022-1007-9810. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of July 2,2003, in the amount of $2,422.79. 5. Defendant is in default of the terms ofthe cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6, Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed andlor refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Beth E, Chase individually, in the amount of $2,422,79 with interest at the legal interest rate of6% per annum from date of judgment plus costs, THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.PA Wi{fi!fr: F~ ,~ PA LD. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:02930784 VERIFICATION The undersigned does hereby verifY subject to the penalties of 18 P A.C.S. ~4904 relating to unsworn falsifications to authorities, that he/she is Rohprr AiJk i nr. (Name) Accounts Mana!1:er of Discover Financial Services mc., servicing agent of the plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Complaint are true and correct to the best ofhislher knowledge, information and belief. ~~(J/~ (Signature) WWR# -,:). (.) ~ ~ 'U. CIi -;:; ~ ti :2~f! :3-13 d::: )..:- C) () (":" c- (n-' -",_J ,) .~j s ,;-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK BY ITS AGENTS DISCOVER FINANCIAL SERVICES INC. Plaintiff No. 03-3359 Civil Term vs. OBJECTIONS TO COMPLAINT IN CIVIL ACTION BETH E. (CHASE) FOSTER Defendant FILED BY Plaintiff Beth E. Foster 155 Salem Church Road #50 Mechanicsburg, PA 17050 717-796-0693 IN THE COURT OF COMMON PLEAS CUMBERLAND COIJNTY, PENSYLVANIA CIVIL DIVISION DISCOVER BANK BY ITS AGENTS DISCOVER FINANCIAL SERVICES INC. Plaintiff vs. Civil Action No. 03-3359 BETH E. (CHASE) FOSTER Defendant This is my objections to complaint to being sued. I do not have an attorney and fall in the category where I do not qualify for one, but yet cannot afford one. OBJECTIONS TO COMPLAINT IN CIVIL ACTION OBJECTIONS TO COMPLAINT 1. Plaintiff is a corporation with offices at 3311 Mill Meadow Drive, Hilliard, OH 43026. 2. Defendant is an adult individual residing at 155 Salem Church Road, #50, Mechanicsburg, PA 17050. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011-022-1007_9810. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of August 10, 2003, in the amount of $2372.79. 5. Defendant has made regular payments to Counsel for the Plaintiff, which is the Law Offices of Weltman, Weinberg & Reis Co., L.P.A., 175 South 3rd Street, Suite 900, Columbus, OH 43215. 6. Although the Defendant has requested that the Plaintiff provide a reasonable payment plan for the Defendant to repay the balance, the Plaintiff has not responded to this request and furthermore has not fulfilled the previously made arrangements with this Defendant to omit the monthly over-the-limit fees which would allow the Defendant to pay the balance off in a reasonable amount of time. WHEREFORE, Defendant demands the current payment arrangement, initiated by the Defendant in March of 2003, of $25.00 monthly for the next year, paid to the Plaintiff, until which time the Defendant can increase the monthly payments to $200.00 until the balance is repaid, but is demanding this not to include interest, costs or any of the monthly over-the-limit fees since the initial arrangement with the Plaintiff. BETH E. (CHASE) FOSTER 13--________ Beth E. FostE!r 155 Salem Church Road, #50 Mechanicsburg, PA 17050 717-796-0693 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. ~4904 relating to unsworn falsifications to authorites, that she is Beth E. Foster (Name) Defendant, and that the facts set forth in the foregoing Objection to the Complaint in Objections to the Complaint are true and correct to the best of her knowledge, information and belief. a-- (Signature) CERTIFICATE OF SERVICE I, the Defendant, Beth E. Foster, sent a copy of Objections to Complaint to the Counsel for the Plaintiff, William T. Molczan, Esquire, with Weltman, Weinberg & Reis Co., LPA, 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219, on August 19, 2003. I, the Defendant, Beth E. Foster, sent a copy of Objections to Complaint to the Plaintiff, Discover Financial Services, PO box 3007, New Albany, OH 43054-3007 on August 19, 2003. ~ ~ Beth E. Foster 155 Salem Church Road, #50 Mechanicsburg, PA 17050 PO Box 3007 New Albany, Ohio 43054'3007 DlsceVER. FINANCIAL SERVICES February 15, 2003 1,"11I".11I"",.,.11,"1"1""111111I1,111I1,1.1111I.1"11 16 lDAXCA01 0005069 Beth E Chase 155 Salem Church Rd Lot 50 Mechanicsburg PA 17050'8109 - Account: 6011'0022'1007'9810 Balance: $2,477.79 Dear Beth E_<chase, We have been authorized to proceed with legal action to secure the balance owing. & Ifwe do not hear from you within ten (10) days of the date ofthis letter, your account will be forwarded out to an Attomey to obtain judgment against you, """'" - Please call immediately so we can avoid going further with legal action, Sincerely, JERAMY DISSEL Discover Financial Services, Inc. 1'800,767'1844 ext.1844 ~ o ~ Monday'Thursday 8:00 am to Midhight, Friday 8:00 ani to 11:00 pm, and 8:00 am to 4:30 pm EST r- o ~ ,. ~ This is an a!tempt to collect a debt and any information obtained may be use,! for that pIIlpose, ~ ~ c~) February 22, 2003 ~ ~~-J ~([V\ ,;t.~ ~ '11 0 3 Page 1 of 2 Jeramy Dissel Discover Financial Services PO Box 3007 New AlbanYj OH 43054-3007 Dear Mr. Dissel, I just received your letter today regarding your need to hear from me in ten days. It almost seems like I've been set up to fail. You ask .that I respond to you within this required amount of time yet apparently do not send it to me on the day dated. It is hard to believe your lette.r was mailed one week ago and I'm just receiving it today. Fortunately I was home when the mail arrived or I would have received it after the .due date- to respond. I'd like to take a minute to explain my situation. I fell behind on my payments when I was forced to be off work in 2000 for six months unexpectedly due to having twocunforeseen and unplanned surgeries. This took a toll on me financially and so I called your agency to remedy the situation once I was receiving paychecks again. I thought my payment situation was corrected as I worked out payment arrangements that seemed reasonabl,=. To my surprise, I continued to accrue .over the limit" charges each month. I was given the impression that the payment arrangement I was given would allow me the chance to get back on track but I was again apparently set up to fail. The monthly payments I was to make, in addition to the .over the limit- fees, caused my balance to increase every month and not decJ:ease. I called in again, out of desperation and frustration, and was connected to a department that reportedly was designed to help me out with this particular viscous cycle I was put in. The gentleman I spoke to assured me that I was not set up to accrue a larger balance. He reported th,,"t they would waive the .over the limit- fees every month--not only from that moment on, but would deduct them back to wh~n I called in to make the initial payment arrangements. t ~ I felt secure in this new arrangement. To my disbelief, my monthly statements continued to reflect not only the back charges but also still accumulated current "over the limit- fees. I did not get my original payment arrangement nor the second special arrangement in writing and so had nothing to back my word. I became so overwhelmed with the situation (as other credit card agencies did follow through with their verbal agreements) that I just stopped making payments to you. I was getting. nowhere with my credit and balance-- it was actually getting worse. O-~'--,;.:'__~_:~---"'""_...:'~~;;,:_. _ "(" ---.::.":.... ~ - ~::":f~ .: -.::"::":'.'~~~~~~~~,':~""","_::;;_"_'~"__'__ Page 2 of 2 Once I haye my payments back on track, I have no intention of using my card again as I have no faith in your agency at this. time. I do intend to repay the balance I actually and legitimately accrued myself through purchases and interest fees but have no intention of repayin~ the "over the limitff fees from 2000 until the present. I also have no intention of doing any business or negotiation by phone. I will only communicate in writing with you, as I cannot believe anything I am told over the phone. Please forward some payment arrangement options at your earliest convenience and I will choose the one that will work for my budget and me. I am looking for options that do not add any more interest and have deleted the "over the limitff fees for the past two or three years. I expect that you will understand my situation and frustration. Thank you, Beth E. Foster 155 Salem Church Road #50 Mechanicsburg, PA 17050 If, Account # 6011-0022-1007-9810 . 7_:" ':::~:;-"?:-?:-;i:;;;'-"'~::~:-':":~- :-" -:':--'-"~~'~;":-~~.'-~,.':;:~~,;:'~~'"~;:'~-"-'-:~;~,':t~,:.:::.~_f~~~'~~'''::~:C:::':;\ii',;"~,,.,f:~J:;-!,.:::;~~~~:_'''''-:.E:''''7-.~~''':'':":~~.~~'"-- - ~'71!!ii .!!i~ .-.:,::,rf>;/::F:' "~~, ,'-,--;':'~~', --.;.: LAW OFFICES OF WELTMAN, WEINBERG AND REIS CO., L.P.A. 175 South 3rd. St., Suite 900 Columbus, OH 43215 "'" "'-2165 (8881 532-7112.--,>,00 March 7, 2003 2930784/H1K/323/640311 "j I /1 { . ~ 0 BETH E CHASE r", lL-# ( 3::;('~~' 155 SALEM CHURCH RD LOT ~. 0 MECHANICSBURG, PA 17050 Iz. q 3 SOD DISCOVER BANK BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. H;;) I Account No. 6011002210079810 J ~.'-A :M- \'16 ::::n::T:u:: c~::97. 79 f cP \\ \'z,r \ ()~ Please be advised that this law firm has been retained to cOllect(~) the outstanding balance due and owing on this account. The balance /' J listed above may change daily if interest is accruing. Therefore, it is important that you contact our office to discuss the current) balance due and to make arrangements to pay this amount. ('~ 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. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days of receipt of this letter, we will assume that the debt is valid. If you notify us in writing within the thirty (30) day period that the debt, or any portion thereof, is disputed, we will obtain verification of the debt and mail you a copy. If you request in writing within the thirty (30) day period, we will provide you with the name and address of the original creditor if different from the current creditor. Your failure to either remit the balance or enter into satisfactory payment arrangements may result in legal action and/or continued collection efforts against you. . Thank you for your attention to this matter, Very truly yours '2' I ~ j-~ ~-o3 Joseph M. McCandlish ~A~(y\c~.J I '~ ~~..Q..v1..cQO-Qe.rJU)D(j O+0~~ ~ . 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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK BY ITS AGENTS DISCOVER FINANCIAL SERVICES, INC. Case No. 03.3359 Plaintiff Vs. PLAINTIFF'S OPPOSITION TO DEFENDANT'S OBJECTIONS TO COMPLAINT BETH E. CHASE Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Gerianne Hannibal PA 1.0.#66622 Weltman, Weinberg & Reis Co., L.PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 wwr#02930784 WELTMAN, WEINBERG & REIS CO LPA BY: Gerianne Hannibal Esquire Identification No. 66622 2718 Koppers Building 436 Seventh Avenue Pittsburgh PA 15219 412-434-7955 Attorney for Plaintiff DISCOVER BANK BY ITS AGENTS DISCOVER FINANCIAL SERVICES INC COURT OF COMMON PLEAS CUMBERLAND COUNTY v. No. 03-3359 BETH E. (CHASE) FOSTER PLAINTIFF'S OPPOSITION TO DEFENDANT'S OB,JECTIONS TO COMPLAINT Plaintiff, by and through its undersigned counsel, responds to defendant's objections to complaint filed on or about August 19, 2003 and states as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. It is admitted that defendant has made monthly payments of $25 since April, 2003. 6. Denied. After reasonable investigation plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments, and thus the averments are denied and strict proof of same is demanded. By way of further answer, plaintiff has never agreed to accept monthly payments as low as $25 to satisfy the debt owed by defendant. WHEREFORE, plaintiff respectfully requests that defendant's objections be overruled and that defendant be ordered to answer the complaint. Respectfully submitted, REIS CO LPA BY: Dated: August 20,2003 Ge ian PA 6622 2718 Koppers Building 436 Seventh Avenue Philadelphia, PA 15219 412-434-7955 WWR 02930784 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 Plainti ff 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 knowled ,information and belief. Date (uOl ~ CERTIFICATE OF SERVICE A true and correct copy of plaintiff's opposition to defendant's objections to complaint has been served by US first class mail, postage paid, on.JIl day of August, 2003 upon the following: Beth E. Chase Foster 155 Salem Church Road, 50 Mechanicsburg PA 17050 ~ Geri iba Esquire . . WELTMAN, WEINBERG & REIS CO LPA BY: Gerianne Hannibal Esquire Identification No. 66622 2718 Koppers Building 436 Seventh Avenue Pittsburgh PA 15219 412.434-7955 Attorney for Plaintiff DISCOVER BANK BY ITS AGENTS DISCOVER FINANCIAL SERVICES INC v. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.O:3-3359 CIVIL. -lE"~M BETH E. (CHASE) FOSTER ORDER OF COURT AND NOW, upon review of defendant's objections and plaintiff's opposition thereto, it is hereby ORDERED, ADJUDGED AND DECREED that defendant's objections are hereby OVERRULED and defendant shall have 20 days from the date of this Order to file her Answer to plaintiff's Complaint. J. ~ a 0 W -n :too :;:;:J ~~ c ~::n r..-, f'.' r~- :I' N '-':J(~n r'. "'( 6;:~;: '" ~)':J ;:s l'" -~ . :,,-..> -0 }~:B :?Eo :x '..,.~~ 2:0 r- 3' :i>c ..-, z :::> ~~ :<! :xl en -< SHERIFF'S RETURN - REGULAR CASE NO: 2003-03359 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS CHASE BETH E DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CHASE BETH E was served upon the DEFENDANT , at 2043:00 HOURS, on the 25th day of July , 2003 at 155 SALEM CHURCH ROAD MECHANICSBURG, PA 17055 BETH CHASE FOSTER LOT 50 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.90 .00 10.00 .00 34.90 Sworn and Subscribed to before me this Co ~ day of ~..w-c.3 A.D. (I.. a~ ~onotary ,~ So Answers: r~~~ R. Thomas Kline 07/28/2003 WELTMAN WEINBERG REIS By: #/Y::; . ~ty Slier~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK BY ITS AGENTS DISCOVER FINANCIAL SERVICES INC. Plaintiff No. 03-3359 Civil Term vs. DEFENDANT'S OPPOSITION TO PLAINTIFF'S OPPOSITION BETH E. (CHASE) FOSTER Defendant FILED BY Defendant Beth E. Foster 155 Salem Church Road #50 Mechanicsburg, PA 17050 717-796-0693 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK BY ITS AGENTS DISCOVER FINANCIAL SERVICES INC. Plaintiff vs. Civil Action No. 03-3359 BETH E. (CHASE) FOSTER Defendant DEFENDANT'S OPPOSITION TO PLAINTIFF'S OPPOSITION This is my opposition. DEFENDANT'S OPPOSITION TO PLAINTIFF'S OPPOSITION 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Proof requested by Plaintiff has been enclosed with Defendant's opposition. The enclosed proof is a letter detailing Defendant's prior request that the Plaintiff provide a reasonable payment plan to repay balance. Plaintiff did not respond to Defendant's letter. As a result, Defendant started repaying balance to the counsel for the plaintiff. 7. As previously stated, Defendant does not have proof of prior arrangement with Plaintiff to omit the monthly over-the-limit fees as the arrangement was via phone. 8. Defendant agrees that neither Plaintiff nor counsel agreed to the Defendant's monthly payments. Despite Defendant's requests, Plaintiff did not submit any other acceptable choices. WHEREFORE, Defendant respectfully requests Plaintiff accept the current payment arrangement, initiated by the Defendant in March of 2003, of $25.00 monthly. Defendant is able to pay this amount for the next year, paid to the Plaintiff. Defendant will be able to increase payments in Fall 2004 to $200.00 monthly until the balance is paid in full. Defendant is requesting that this balance not include interest, costs or any of the monthly over-the-limit fees since the initial verbal arrangement with the Plaintiff. If Plaintiff will not accept the above arrangement, Defendant respectfully requests Plaintiff provide other reasonable payment arrangements from which to choose. Respectfully submitted by, BETH r& E. (CHASE) FOSTER - Beth E. Foster 155 Salem Church Road, #50 Mechanicsburg, PA 17050 717-796-0693 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. S4904 relating to unsworn falsifications to authorities, that she is Beth E. Foster (Name) Defendant, and that the facts set forth in the foregoing Defendant's Opposition to Plaintiff's Opposition are true and correct to the best of her knowledge, information and belief. ~~ ----- (Signature) CERTIFICATE OF SERVICE I, the Defendant, Beth E. Foster, sent a copy of Defendant's Opposition to Plaintiff's Opposition to the Counsel for the Plaintiff, Gerianne Hannibal, Esquire, with Weltman, Weinberg & Reis Co., LPA, 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219, on September 9, 2003. I, the Defendant, Beth E. Foster, sent a copy of Defendant's Opposition to Plaintiff's Opposition to the Plaintiff, Discover Financial Services, 3311 Mill Meadow Drive, Hilliard, OH 43026 on September 9, 2003. ~ ----- Beth E. Foster 155 Salem Church Road, #50 Mechanicsburg, PA 17050 PO Box 3007 New Albany, Ohio 43054-3007 DlsceVER FINANCIAL SERVICES February 15, 2003 1,"111",111,".1.1,11,"1.,1""1111".1,1,"1,1,11,",1,,11 16 LDAXCA01 0005069 Beth E Chase 155 Salem Church Rd Lot 50 Mechanicsburg PA 17050-8109 Account: 6011-0022-1007-9810 Balance: $2,477.79 iiil - ;;;; = Deaf Beth E Chasej - - - iiil ~ - - - - - - We have been authorized to proceed with legal action to secure the balance owing. [fwe do not hear trom you within ten (10) days ofthe date of this letter, your aCCOll\1t will be forwarded out to an Attomey to obtain judgment against you. = Please call immediately so we can avoid going thrther with legal action. Sincerely, JERAMY DISSEL Discover Financial Services, Inc. 1-800-767-1844 ext.1844 Monday-Thursday 8:00 am to Midnight, Friday 8:00 am to 11:00 pm, and Saturday 8:00 am to 4:30 pm EST This is an attempt to collect a debt and any information obtained may be used for that purpose. 852N 14520/6 3035/6 030217 Page 1 of 1 ll33446 (~) February 22, 2003 ~ ~'~LJJ- p(jY\ ;2J() <-t 1 tJ 7:> Page 1 of 2 Jeramy Dissel Discover Financial Services PO Box 3007 New Albany~ OH 43054-3007 Dear Mr. Dissel, I just received your letter today regarding your need to hear from me in ten days. It almost seems like I've been set up to fail. You ask that I respond to you within this required amount of time yet apparently do not send it to me on the day dated. It is hard to believe your letter was mailed one week ago and I'm just receiving it today. Fortunately I was home when the mail arrived or I would have received it after the "due date" to respond. I'd like to take a minute to explain my situation. I fell behind on my payments when I was forced to be off work in 2000 for six months unexpectedly due to having two unforeseen and unplanned surgeries. This took a toll on me financially and so I called your agency to remedy the situation once I was receiving paychecks again. I thought my payment situation was corrected as I worked out payment arrangements that seemed reasonable. To my surprise, I continued to accrue "over the limit" charges each month. I was given the impression that the payment arrangement I was given would allow me the chance to get back on track but I was again apparently set up to fail. The monthly payments I was to make, in addition to the "over the limit" fees, caused my balance to increase every month and not decrease. I called in again, out of desperation and frustration, and was connected to a department that reportedly was designed to help me out with this particular viscous cycle I was put in. The gentleman I spoke to assured me that I was not set up to accrue a larger balance. He reported that they would waive the "over the limit" fees every month--not only from that moment on, but would deduct them back to WOEi'n I called in to make the initial payment arrangements. : ' . I felt secure in this new arrangement. To my disbelief, my monthly statements continued to reflect not only the back charges but also still accumulated current "over the limit" fees. I did not get my original payment arrangement nor the second special arrangement in writing and so had nothing to back my word. I became so overwhelmed with the situation (as othE,r credit card agencies did follow through with their verbal agreements) that I just stopped making payments to you. I was getting nowhere with my crec.it and balance-- it was actually getting worse. Page 2 of 2 Once I have my payments back on track, I have no intention of using my card again as I have no faith in your agency at this time. I do intend to repay the balance I actually and legitimately aCEIued myself through purchases and interest fees but have no intention of repaying the ~over the limit" fees from 2000 until the present. I also have no intention of doing any business or negotiation by phone. I will only communicate in writing with you, as I cannot believe anything I am told over the phone. Please forward some payment arrangement options at your earliest convenience and I will choose the one that will work for my budget and me. I am looking for options that do not add any more interest and have deleted the "over the limit" fees for the past two or three years. I expect that you will understand my situation and frustration. Thank you, Beth E. Foster 155 Salem Church Road #50 Mechanicsburg, PA 17050 , ( 1 . Account # 6011-0022-1007-9810 ..' DISCOVER BANK BY ITS AGENT DISCOVER FINANCIAL SERVICES, Account No. 6011002210079810 Balance Due: $2497.79 LAW OFFICES OF WELTMAN, WEINBERG AND REIS CO., L.P.A. 175 South 3rd. St., Suite 900 Columbus, OH 4321:; - (614) 222-2165 (888) :;32-7109 00 J~$" , pel. , ti' (115' /\4vA? I cJe (~ ( 0 3 ~ ,> "7/'!- ---~ ~~u \pJ ' Jl~~ (l6\1 D~ , C \n V Dear BETH E CHASE '-\ \ vC Please be advised that this law firm has been retained to collect( ~~). the outstanding balance due and owing on this account. The balance /v _J listed above may change daily if interest is accruing. Therefore, it is important that you contact our office to discuss the current \ balance due and to make arrangements to pay this amount. ((J~ I 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. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days of receipt of this letter, we will assume that the debt is valid. If you notify us in writing within the thirty (30) day period that the debt, or any portion thereof, is disputed, we will obtain verification of the debt and mail you a copy. If you request in writing within the thirty (30) day period, we will provide you with the name and address of the original creditor if different from the current creditor. 2930784/H1K/323/640311 March 7, 2003 BETH E CHASE 155 SALEM CHURCH RD LOT MECHANICSBURG, PA 17050 INC. Your failure to either remit the balance or enter into satisfactory payment arrangements may result in legal action and/or continued collection efforts against you. , Thank you for your attention to this matter. Very truly yours,? I 1///1 j-~ 1-03 Joseph M. McCandlish 4k. IIA-/J I ~A..o;'YlcG7~J. , f'~~ ...Q.y\r:Qo-o~. U)D~ 0+ "'0 M-Vt,~ ~ G:.J , ~ did.. vu:>+ ~vZ ~ ~~' 1f~ Yur-(.e/l" lO -t~ ~ ~d- =t vR- ~ \oj ~. S;\V\CJL:J:: d.::.d ('\A+ ~ 6~ ~) ::r II ~ -$t2.~OD~~4:>~~ flLjo-ff +k b~02-l ~~s-hli ~-\\A- llcMA...:-tk-liln1rtli ~~~ . . ~~"') ~ (~~7&~ ~E,~ """i\~) n r:: c. ;- ',0 -C: l) ~--1 r,-1 ':; "7 6~~~ \j) -< ~ .~ ~: c _.....~ ~. n) ..< 5 c,' N ,rq c: ::~~! 5 :::> ~ ,. --- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK BY ITS AGENTS DISCOVER FINANCIAL SERVICES, INC. Plaintiff No.03-3359 vS. STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT BETH E. CHASE Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Gerianne Hannibal, Esquire PA LD. #66622 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 152]9 (4]2) 434-7955 WWR#02930784 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK BY ITS AGENTS DISCOVER FINANCIAL SERVICES, INC. Plaintiff vs. Civil Action No. 03.3359 BETH E. CHASE Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT AND NOW, comes the Plaintiff, by counsel, and the Defendant to Stipulate to Settlement and the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $2,338.19 with continuing interest thereon at a rate of 6.00% per annum from the date of Judgment. 2. 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, Beth E. Chase, now known as Beth E. Foster, in the amount of $2,338.19 plus continuing interest thereon at the rate of 6.00% per annum from the date of Judgment. 3. 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: (a) $50.00 due by December 20, 2003; (b) no less than $50.00 per month due on the 20th day of each consecutive month thereafter until August 20, 2004 at which time payments will be increased to $200.00 per month on the 20lh of each month until the judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "Discover Bank" 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.PA, 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 Plaintiff or Plaintiff's counsel any payment in full within five (5) 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. . ~ 9. Intending to be legally bound, the parties set their hands and seals this II day of J)e~f<? 200-3 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. /() I -e~~ V\/'I By: G PA 1.0. #66622 WELTMAN, WEINBERG & REIS CO., L.PA) 2718 Koppers Building 436 Seventh Avenue . Pittsburgh, PA 15219 (412) 434-7955 WWR#02930784 BErn E. CHA. ..SE.-NOW KNOWN AS Beth E. 8/,,,!'e ~et<. ((W By: I~' Defendant 7 t ^l \ ['i __ (f\ -l:::: ~ ~ !{. ~ tI:.j-J ~ ~ o o ~ ~ ~ I ft' f:' ~ ~ t"...-i (,n ,~_" r-,," ., ,---, , . _h" -~ _.1. . 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff No. 03-3359 vs. PRAECIPE FOR SATISFACTION OF JUDGMENT BETH E CHASE, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA LD #42524 WELTMAN, WEINBERG & REIS CO., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 \/VVI/R#02930784 .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff vs. Civil Action No. 03-3359 BETH E CHASE, Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., LP.A. , ' 1,~' ''W' '<" WVVR #02930784 Sworn to and s~ before me thlS~ day of Ma ,05q----..- / . ---. , A PUBLIC ~-~~-""--"'-----"- -- tl (.f! !,--" Cd ~..:::> <:;'.'1 Cj ," ::;.1 C)