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Home My WebLink About10-3079 2010 MAY I i an la= 02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No : (O --307q a-"i 1 vs. COMPLAINT IN CIVIL ACTION TRACI L STRAWSER Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 08253780 C A Pit KMJ OQ- #qcl. Oo pQ ATr-K ??7 ? (? c e , a? i syy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No TRACI L STRAWSER 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 7HIS 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 AF17ORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE 13ERSONS 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, DISCOVER BANK is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY , OH 43054 . 2. Defendant is adult individual(s) residing at the address listed below: TRACI L STRAWSER 310 BRANDY LN MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9896 . 4. Defendant made use of said credit card and has a current balance due of $10433.17 , as of March 12, 2010 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 29.990% per annum on the unpaid balance from March 12, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit '11" and made a part hereof. 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 $125.00 9. 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 , TRACI L STRAWSER individually , in the amount of $10433.17 with interest at the rate of 29.990% per annum from March 12, 2010 plus attorneys' fees of $125.00 , and costs. ,james ?! warmnroaL,42524 WELTMAN EINBERG & REIS CO., L.P.A. 436 e n h Avenue, Suite 1400 ,je PittsSb rg , PA 15219 (412)/434 7955 FAX: 12 338-7130 0825 780 C A Pit KMJ This law firm is a debt collector attem t' g to collect this debt for our client and any information obtaine v? 11 be used for that purpose. DISCOVER Payment Due Date Minimum Payment Due Account Number ending in 9896 Mach 23, 2010 $2,207.00 Enter Amount Enclosed Below New Balance $ ?- $0.00 28 SDSN8A0f 0003809 Go paperless and make your account TRACI STRAWSER information more segue with password- 310 BRANDY LN =statements onlyyouranso ess. MECHANICSBURG PA 17055-2807 atdiscovercorNpapertess. Address, e-mail or telephone changel Go to www.Discover.corn or print change in space above. PO BOX 6103 Illr,sllnuslsllnlsllurl CAROL STREAM IL 60197-6103 Inllrrllrrrrrrlllrlrrlrrrlrllrrrrrllllrrnnrllrllrrrrrllrrlrrll 000001986458303616292000000000000000220700 Dpening Date: February 28, 2010 - closing Dade: Feb Discover More Card Account Summary Cardmember since Account number ending in 9896 Previous Balance $10,433.17 Payments And Credits 10,433.17 Purchases + 0.00 Balance Tronsfers + 0.00 Cash Advances + 0.00 Finance Charges + 0.00 Other Fees t + 0.00 New Balance 0.00 See Finance Charge Summary section fallowing transactions for detailed APR information Credit Line $8,400.00 Credit Line Available $0.00 Cash Advance Credit Line $4,300.00 Cash Advance Credit Lure Available $0.00 t See transaction detail for a description of arty fees charged. Cash6xk Sonuse Anniversary Month April Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashbadr Bows Balance $ 0.00 To Isom more, 69 in at www.Dhcover.com and w6cn Rewards Tory Le, Lv IV Payment Information New Balance .. $0.00 Minimum Payment Due $2,207.00 Payment Due Date March 23, 2010 Lola Payment Warning: If we do not receive your minimum payment by the dale listed above, you may have to Pay a late fee of up to $39.00. Manage Your Account Online at www.Disemer.com • Securely access statements and free online tools, pay bills online and track and view all transactions simply and easily • Make your money worth moreSM -find easy ways to earn and redeem cash rewards • NEWT Access your account securely through your - - mobile phone 3 Easy Ways to Contact Us 1. Access your account securely at www.Disc~.com 2. Call 1-800-DISCOVER (1-800347-2683) Please have your Discovers card available. 3. Write to us at Discover, PO Box 30943, Sob Lake City, LIT 84130 For TDD (Telecommunications Device for the_DeaQ assistance, please call 1-800347.7449. Transactions Trans. Pod Date Dab Payments and Crsdils Fab 28 Feb 28 INTERNAL CHARGE-OFF $ -10,433.17 Finance Charge Summary Average Daily current billing period: 1 days Balances Purchases $0 Past Purchases $0 Cash Advances ,10 V - Variable Rate Nominal Other gaily ANNUAL ANNUAL Periodic Fee CEAGE NT RA PERCENTAGE FINANCE FINANCE Rates RATE S RATES CHARGES CHARGES 0.08216% 2999% 29.99% s0 $0 0.08216% 29.99% 29.99% $0 $0 0.08216% 29.99% 29.99% $0 $0 EXHIBIT I s2 aid.. DISCOVER 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 James Ball (Name) Team Lead (Title) of DFS Services LLC plaintiff herein, that (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 knowledge, information and belief. WWR# 8253780 Traci L. Strawser ??9896 (~~3? ~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action. No. LO-3079 CIVIL TERM TRACI L STRAWSER Defendant 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 ~ ~/p (xx) Assumpsit Judgment in the amount of $11.,500.87 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 TRACI L STRAWSER 3 ] 0 BRANDY LN MECHANICSBURG,PA 1.7055 By; PROTHONOTARY R DEPUTY) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION n ~ .1 DISCOVER BANK c.- `-~- v `' ~ ~~. -~~ -~ : <... .. Plaintiff ~ ~ , 1- s N -K~ vs. Civil Action No. 1.0-3079 CIVIL TERM ~ ,- ; - x' ~ .i ~ ~< ~- _ c~: TRACI L STRAWSER ~~ ~- U '~ 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, TRACI L STRAWSER, above-named, in the amount of $1.1,500.87 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 $1.0,433.17 with continuing interest thereon at a rate of 29.99% per annum from MARCH 12, 2010, plus attorneys' fees in the amount of $1.25.00 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, TRACI L STRAWSER, in the amount of $10,433.17 plus continuing interest thereon at the rate of 29.99% per annum from MARCH 12, 201.0, plus attorneys' fees in the amount of $125.00 and costs. 3. Plaintiff agrees not to Execute on its Judgment so tong as Defendant causes to be delivered to Plaintiff the following payments in full. by 12:00 NOON on the following dates: (a) $204.00 ALREADY RELIEVED (b) $200.00 due by JULY 15, 2010; ~ 1~.0p {>O A"1'M e~ ~as~3q ~ a~19 c~a8 No~tee I~,~e~ (c} no less than $200.00 per month due on the 15`~ day of June, July and August with review for possible increase thereafter 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. 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 (S) 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. P 9. Intending to be legally bound, the parties set their hands and seals this ~ day o `~ ~1 , 20 ~.~ By: lJ~~ ~ ` 9' - Defendant, TRACI L STRAWSER WELTM BERG &REIS CO., L.P.A. By: MATTHEW D. URBAN, Esquire PA LD. #90963 WELTMAN, WEINBERG &REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8253780 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. TRACT L STRAWSER Defendant Civil Action No. 10-3079 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, TRACT L STRAWSER, in the amount of $11,500.87 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: _____ Attorney for Plaintiff TRACT L STRA W SER , Defendant WWR#8253780