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HomeMy WebLinkAbout08-4338IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff VS. VERA D SLUSSER, Defendant No. ©8 - '1339 Oic,.-L'7ie COMPLAINT IN CIVIL ACTION 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6102794 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff VS. Civil Action No. 0 p= g 3 3 S' C i1i I 14c'4 VERA D SLUSSER, 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 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 6500 NEW ALBANY ROAD, NEW ALBANY, OH 43054. 2. Defendant is an adult individual residing at the address listed below: VERA D SLUSSER 60 MARILYN DR CARLISLE,PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX7784. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of JUNE, 30, 2008 in the amount of $ 1,757.32 . 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 Agreement between the parties provides that Defendant will pay Plaintiffs attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $300.00. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, VERA D SLUSSER, individually, in the amount of $ 1,757.32 with interest at the legal interest rate of 6% per annum from date of judgment plus attorneys' fees of $300.00, 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 C. VV)knibrodt, Esquire PA J.D. #4 5 WELTM INBERG & REIS CO., L.P.A. 1400 Ko pers ilding 436 Se nth A nue Pittsb gh, PA 15219 (412) 34-79 ...?..•%0 q:11?y T L. IN CARD $0.00 1 $285.00 Payment Due Date June 29, 2005 31 SDSN6A01 0013021 SLUSSER, VERA D 60 MARILYN DR CARLISLE PA 17013-8885 Address, e-mail or telephone change? Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. Enter Amount Enclosed Below Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the same day Visit Diseovereard.eom/payments today. PO BOX 15251 111111111111811611111 till 11 WILMINGTON DE 19886-5251 ImIIIrInIulrlnlnllnrlrlnrlrlrlrlnnllrlrlnnlllrlnl 000001986458375136724000000000000000028500 Discover Gold Card Account Summary Closing Dote: May 31, 2005 page 1 of 1 Account number ending in 7784 Payment Due Date June 29 2005 Previous Balance $1,757.32 , Minimum Payment Due $285.00 Payments And Credits 1,757.32 Purchases Credit limit $2,000.00 + 0.00 Cash Advances Credit Available $242.00 + 0.00 Balance Transfers Cash Credit limit $1,000.00 + 0.00 Finance Charges Cash Credit Available $0.00 + 000 New Balance $0.00 tashback Bonus® Gold Rewards is period to ate Qualified Purchases $0.00 $0.00 Gold Rewards Earned $000 GoldRewardS brihiversdry date`.. Mardi 24 How Can We Help You? 1 • Visit Discover com to pay yew bM for no cost view your It's your choice - 3 ways to hel , latest Account information, earn and redeem rewards and more 2 Call 1-800 DISCO p Please have your Discover Card available. . - VER (347-2683) for Fast, easy self-service Options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3. Writs us at Discover Card, PO Box 30943 , Sale Luke City, UT 84130 Transactions $0 Fraud Liability Guarantee Use our Di C d Tran. s P y scover ar with confidence. D Date Payments and Credits May 31 May 31 INTERNAL CHARGE-OFF $ -1,757.32 EXHIBIT 'Finance Charge Summary Average Daily Daily Periodic Nominal ANNUAL ANNUAL Transaction PERCENTAGE PERCENTAGE g M CE current billing period: 7 days Balances Bates FF V I FINANCE RATES RATES QW06AGES Purchases $0 0.05477% Cash Advances $0 0.06299% 19.99% F 19.99% none 99% $0 $O 22.99% F 22 . $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (Y) as noted above. e . JLH-25-2008 09:32 WWR GROVE CITY 6148012602 P.02 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is A COUNT MA ER of S SERVICE C (Name) (Title) ,plaintiff herein, that (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR# 06102794 DFS# 6011002260697784 TnTAI P. GIP RECEIV-0 ) JUN 2 7 2008 BROOKLI' N HEIGHTS ?J r d 0 c K7 E. N r.? cxz co N x"11 ? wL7 -G SHERIFF'S RETURN - REGULAR CASE NO: 2008-04338 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS SLUSSER VERA D TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SLUSSER VERA D the DEFENDANT , at 0018:23 HOURS, on the 23rd day of July 2008 at 60 MARILYN DR CARLISLE, PA 17013 VERA D SLUSSER DEFENDANT a true and attested copy of COMPLAINT & NOTICE by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.00 .00 10.00 .00 33.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/24/2008 WELTMAN WEINBERG & REIS By. Dep ty Sheri f A.D. J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. VERA D SLUSSER Defendant No.08-4338-CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6102794 Judgment Amount $1,957.32 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. VERA D SLUSSER Defendant Civil Action No. 08-4338-CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, VERA D SLUSSER, in the amount of $1,957.32 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Ij Attorney for Plaintiff VERA D SLUSSER, By: ??l? • b &-uea.4 Defendant WWR#6102794 i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-4338-CIVIL TERM VERA D SLUSSER 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, VERA D SLUSSER, above-named, in the amount of $1,957.32 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $1,657.32 with continuing interest thereon at a rate of 6.00% per annum from the date of judgment, plus attorneys' fees in the amount of $300.00 and costs 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, VERA D SLUSSER, in the amount of $1,657.32 plus continuing interest thereon at the rate of 6.00% per annum from the date of judgment, plus attorneys' fees in the amount of $300.00 and costs. 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 OCTOBER 5, 2008; (b) no less than $50.00 per month due on the FIFTH day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 0 4. All payments are to be made payable to the order of "DISCOVER BANK" 5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 2718, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 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-perfonnance 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 Way of 20-0(? WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Moe an, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6102794 By: DA?d.? o? Defendant, VERA D SLUSSER ?y 44 It yy ?'l O O 9n L '. "'r fi a C y r r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-4338-CIVIL TERM VERA D SLUSSER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Ju gment was entered against you on (xx) Assumpsit Judgment in the amount of $1,957.32 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 VERA D SLUSSER 60 MARILYN DR CARLISLE,PA 17013 By: s ` [OX0 PRO ONOTARY (OR DEPU Y) OA;g