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Home My WebLink About07-4161IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. No. O7" ~'~~0~ l~lvi l ~~f~N COMPLAINT IN CIVIL ACTION JUSTIN MICHAEL BRYMESSER Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James G Warmbrodt Paid# 42524 Weltman, Weinberg & Reis Co. 2718 Koppers Bldg 436 Seventh Avenue Pittsburgh, PA ] 5219 (412)434-7955 W WIZ#05947825 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. JUSTIN MICHAEL BRYMESSER 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 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 mazy 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintii~f is a corporation with offices in 6500 NEW ALBANY ROAD NEW ALBANY, OI-143054-0000 . 2. Defendant is an adult individual residing at 1.867 DOUGLAS DR CARLISLE,PA 1.701.3 . 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011.0021.80663049 . 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of JUNF, 27, 2007, in the amount of $3026.67. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked. as Exhibit "1"and. made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to :Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between. the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 6.00% per annum on the unpaid balance. 7. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 8. Plaintiff avers that such attorneys' fees will. amount to $500.00. 9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges, attorneys' fees or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, JUSTIN MICHAEL BRYIvIESSER individually, in the amount of $3026.67 with continuing finance charges thereon at the rate of 6.00% per annum from JUNE 27, 2007 plus attorneys' fees of $500.00 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James armbrodt Paid# 2524 Welt ian, inberg & Reis Co. 271 Kopp s Bldg 43 Seven ~ Avenue P' sburg , PA 15219 12) 4 4-795.5 05947825 DISCOVER New Balance Minimum Payment Due $3,026.67 $3,026.67 ~ CARD .--~---~. Paymernt Due Date March 14, 2007 15SDSN6A01 0007991 ~ ~ ~~`_~'*~ _r r,,: JUSTIN BRYMESSER ``' = <;t `:" ~' 1867 DOUGLAS DR CARLISLE PA 17013-4600 ~,~' Account Number 6011 0021 8066 3049 Enter Amount Enclosed Below Please make check payable to Discover Platinum Card. Minimum payment due includes a past due amount of $532.00. Reduce clutter and view your statement as soon as it's available. Sign up for Paperless Statements today! Visit Discovercard.com/gopaperless PO BOX 15251 ~~~~nn~~~~~rnn~~~~r~rn~~~~~ WILMINGTON DE 19886-5251 Address, e-mail or telephone changeZ Print change in ce I~nnIIlnl~nlnn~nl~~I~n~ln~nl~~~~~~~1~~~'~~~~'I~~~I~~~~'I~~I~~' above, or go ro Dixovercard.com. Print your e-mail a dress ro receive important Account information and special offers. 000006011002180663049030266700000000302667 Discover Platinum Card Account Summary Cbsing Date: February 15, 2007 page 1 of 1 Account Number 60110021 8066 3049 Previous Balance $3,026.67 Payment Due Date March 14, 2007 Payments And Credits - 0.00 Minimum Payment Due $3,026.67 Purchases + 0.00 Credit limit $2,500.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit limit $0.00 France Charges + 0.00 Cash Credit Available $0.00 ? ~ ~~~ New Balance $3,026.67 ~\ I ~i Cashback Bonus®~ ~ Opening Cashbaek Bonus Balance $ 0.00 New Cashback Bonus Eamed + 0.00 Cashback Bonus Balance $ 0.00 -Cashback $onus~ Anniversa - - - - - - - - - - - - - - Aym'lab~ to Redeem _ . - _ - _ _ _ _ _ $.......0.00 _ - - ry-- -- -- Date: April 1 S How Can We Help You? ~ "~°ant k,ga4i.s, write ro °~ at. Pkaee haw r Discover Card awiable. Direr Platinum Card, PO Box 30943 yW Sah Lake City, UT 84130 Manage your account online at Discovercard.com TDD (iehxommnmications Device far Ilne DeaA: Customer Service: 1-800•DISCOVER (1-800-347-2683) For assistance, see reverse side. • Transactions SO Fraud Liabl(ity Guarantee Use your Dixover Card with confidence. Information For You Use your Dixover(R) Card ro make a $100 donation ro The Statue of Liberty~Ellis Island Foundation, Inc. and you can have the name of someone you core about engraved on The American Immigrant Wall of Honor(R), buih ro celebrate freedom and commemorate American Dreams. For more information keg on ro Dixovercard.com Put your home's equity ro good use ...with smart home equity financing from Dixover Home loans. We offer a full range of home equity crbdit line options at bw rates -apply online at Dixoverhomeloans.com and get a response in just 30 seconds) Please reference invitation number DCS207207N when you apply. Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CFWRGES CHARGES curcent billing period: 31 days Purchases $0 0.06847% 24.99% F 24.99% SO none Cash Advancos $0 0.06847% 24.99% F 24.99% $0 $0 provious billing period: 31 days Purchases $0 0.06847% 24.99% F 24.999'0 $0 none The rates that apply ro your Account are either Fixed (F) or they may vary M as noted above. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is Robert Adkins , (Name) Accounts Mana.~er of Discover Financial Services, LLC., plaintiffherein, that (Title) (Company) he is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR # 5947825 NSTIN MICHA BRYMESSER 6011002180663049 ~, ~ c~ ~~ -~.~ "rl ~ ~ U1 W ` ~~ t-- ~ ~I b ~ r,~~ ~ , ~: : -C C SHERIFF'S RETURN - REGULAR CASE NO: 2007-04161 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS BRYMESSER JUSTIN MICHAEL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BRYMESSER JUSTIN MICHAEL the DEFENDANT at 1345:00 HOURS, on the 18th day of July 2007 at 1867 DOUGLAS DRIVE CARLISLE, PA 17013 JUSTIN BRYMESSER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.0 0 ,;~~~~~ a~•'~=~`~~ 4.80 ~ "'~' .00 10.00 R. Thomas Kline .00 32.80 07/19/2007 WELTMAN WEINBERG REIS By: day D putt' Sherif of A.D. r IN TI-[E COURT OF COMMON PI-,EAS GF CliMBERLAND COUNTY, PENNSYLVANIA CI~1~, DC'/iSION DISCOVER BANK Plaintiff VS. No.07-4161-CIVIL TERM PRAEC[PE FOR ENTRY OF JUDGMENT BY CONSENT JUSTIN M1Ct-(AEL BRYMESSER Defendant FILED ON BEI-IALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler Paid# 93598 Wellman, Weinberg & Reis Co. 2718 Koppers Bldg 436 Seventh Avenue Pittsburgh, PA 1 X219 (41?) 434-7955 1~WR#05947825 . . L'~1 THE COURT OF CQMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIV1L DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-4I6I-CIVIL TERM JCJSTIN MICEIA[I... BRYMESSER Dei'en<iant PI2AECiPE FOR .IDDG11tENT BY CONSENT TO TE-{F, PROTI-IONOTARY: Kindly enter Judgment against Defendant, JUS"[,IN MICHAEL, BRYMESSER, in the au~ount of $3536.67 plus costs, based upon the consent of the parties. CONSENTED TO: WI_;LTMAN, WEINBERG & REIS CO., L.P.A., By: Attorn y for intiff JUSTIN MICI~AEL BRYMESSER, By: ~ _ Defend t W~VR#±05947825 . ~• IN THE COURT Oh COMMON PL.:1AS Cl1MI3ERLAND COUNTY, PENNSYL~VAN[A CNIL DIVISION DISCOVER I3:aNK Plainti~f vs. Civil Action No. 07-4161-CIVIL TERM JUSTIN M[CHAE1.,13RYMESSER Defendant STIPULATION OF THE I'AI2T~IES FOR PAYMENT ANU F'OR T>FIE :ENTRY O1~ JUllGMENT BY CONSENT TO 7~HE I'RO`I'HONO~I~ARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, JUSTIN MICHAEL BRYMESSER, above-named, in the amount of $352E.67 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits i~ldcbtedness t~ Plaintiff in the amount of:$3026.67 with continuing interest thereon at a rate of 6.00% per annum from .+Ui~Y 23, 2007, plu4 attorneys' fees in the amount of $500.00 and costs. 2. T~o secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be ente~rad in favor of the Plaiutiff and against the Defendant. JUS"I'IN MICI-IAEL BRYMESSER, in the amount of $3026.67 pltas continuing interest thereon at the rate of 6.00% per annum from Jt1LY 23, 2007, plus attorneys' fees i^ the amount of $500.00 and posts. Plaintiff agrees not to Execute on its Judgment so long as Defendant causes t~ be delivered to Plaintiff the follo~~in; payments in full by 12:00 NOON on the lollo~~~ing fates: (a} $150.00 due by 08/05/07; (b) no less than $150.00 per month due on the 5 I'H day of each consectrtive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. ~. 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 Welt-nan, Weinberg 8~: Reis; Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 6. In the event of default, each payuaent received shall be first attributed to costs, interest and then to principal. 7. Tune is of the essence of this agrecinent and should the Defendant fail to have in the hands of Plaintiff or 1'Iaintiffs counsel any payarient iu Bull within five (~ j calenda~• 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 eyuity, to collect the full balance of the .Tudgment entered hereunde-- 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 wa~var. estoppel, or any oiler eYCUSe 1-or non-p~rformaoce of any duty undertal<en by the Defendant in -his Stipulation which the parties agree is final and complete. H_ / "` n __ ~ 9. Intending to be legally bound, the parties set their hands and seals this day of; ~~ 2 0~~. WE[.TMAN. WEINBERG & RE[S CO., l,.P.A. Bv: `-'' Benjami 1:3i er I'aid# 93~ Welt-nan, Weinberg & Reis Co. 2718 Koppers Bldg 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WVVR#05947825 Fay: I) t, JUSTIN MICHAI=,L, BI2Y~TF..,SSE12 _ ~ ,~ ~, ~ .- .~`., ~ ~ -~ ~' ~. =~ ~, ..~, . • 'R IN Ti [E COURT OF COl\IMON !'LEAS C~I~ ClMBi=;RI_:AND COUNTS', PENNSYI:VANiA (:'IVII, DI`JISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-4161-CIVIL TERM .JUSTIN MICHAEL BRYMESSER Defendant JUSTIN M[CHAEL I3RYMESSER 1867 DOUGLAS DR CARLISL,I,PA 1701.3 \'O7'IC:1/ :")I~ .IUI)Gt1~lE\'i' OIZ ()kDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assuirpsit .lodgment in the amount of$>5?6.67 plus costs. ( ) 'i,respass Juclgmcnt in the amount ~f $_ 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.ludgmentof ( ) Coro t Order ( 1 Non-Pros ( C~OnIeSSiOn ( ~ Default ( j Verdict ( ) Arbitration ( ) Award (X,X) By Consent Prothonotary By: 5 PR fF ONOTARY (OK DEP ~Y) KB . ,~ WELTnZAN, WEINBEIZG & REIS CO., L.P.A. ATTOKNI.YS,\T LA\V 2718 Koppers Building 436 Scvcnth Avenue Pitlsburl;h, Pennsylvania 15219 412.433.7955 ww\v.wcltman.com ~.,<l/;,~;,~, ~OF INNOVATION GROWTH +RES ULTS July 23, 2007 JUSTIN NnCHAr=L Sf~YiviESSEPt 1867 DOUGLAS DR CARLISLE,P,~ 17013 F'e: DISCOVEtY' BANK vs. JUSTIN MICHAEL E3RYMESSER Case No. 07-4967-CIVIL TERM Our File No. 05947825 Dear JUSTIN MICHAEL BRYMESSER: BURLINGTON, NJ 609.914.0437 CHICAGO, IL 847.940.9812 CINCINNATI, OH ~ 13.723?200 CLEVI?LAND, OH 310.685.1000 COLU~9BUS, OI( 614.228.7272 DE;CROI'C, D~II 248.362.6100 PHILADELPHIA, PA 215.599.1500 There is enclosed a Stipulation of the Parties for Settlement and for the Entry of Judgment by Consent. You should see that the enclosed Stipulation is signed and returned to our office in the enclosed self-addressed, stamped envelope along with your first payment, on or before 08:`05107. tJpan receipt of the signed Stipulation and your first payment, I will sign the Stipulation and forward it to the Caurt for filing. Should you have any questions or comi~~ents, please feel free to contact me. Thank you for your caoperatian in this matter. Very truly yours, B~~ JAMIN R BIB ER, ESQUIRE BRE:rxc Enclosures THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION C-ISCOVER BANK Plaintiff vs. No. 07-4161-CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT JUSTIN MICHAEL BRYMESSER Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05947825 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JUSTIN MICHAEL BRYMESSER Defendant Civil Action No. 07-4161-CIVIL TERM 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., L.P.A. By: William T. Molczan, Esqui PA I.D. #47437 WELTMAN, WEINBERG &REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #05947$25 Sworn to and subscribed before m 1 day of er, 07 ~_. COMMONWEALTH OF PENNSYLVANIA Notarial Seal TARY PUBLIC Wendy L. Gault, Notary Public City Or Pittsburgh, Allegheny county My Commission Expires Juty 15, 2010 Member, Pennsylvania Association of Notaries ~ ~ ~ C7 -ri Q ~ ~ ~ ~ o q~ ~ 9J p ~ .:- ~~, ,~ ,~ . .~ ~ - _ , -, ; -, yu W ~ 'r'> - d ~ ~ i a ~ r. .~=~ .. ~ -~: