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Home My WebLink About10-4207[, FILED}-C- 'CE t?+F THE PR0'R- ONOTA,PY 2010 JUN 23 PM 3: 10 . CEJM?'. r'!u COUNTY PENNSYLVA !A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. PEGGY J STONER Defendant No : (? - yaoh QV I Term 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.I 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 08330459 C A Pit EMR 4qR-0D PO 0 g4018o3(0 &-a4g1gQ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No PEGGY J STONER 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 o for any other claim or relief requested by the plaintiff. You may to e 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 SETT 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, 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: PEGGY J STONER 313 SCENIC DR MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6638 4. Defendant made use of said credit card and has a current balance due of $2915.17 , as of April 09, 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 25.2406 per annum on the unpaid balance from April 09, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" andl 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 , PEGGY J STONER individually , in the amount of $2915.17 with interest at the rate of 25.2409.- per annum from April 09,1 2010 plus attorneys' fees of $125.00 , and costs. WEINBERG & REIS CO., L.P.'IA. enth Avenue, Suite 1400 rgh, PA 15219 34-7955 r:412-338-7130 9 C A Pit EMR This law firm is a debt collector aj?tgrnpting to collect this debt for our client and any information obt d will be used for that purpose.) DISCOVER N 0 lance Minimum Payment Due Account Number ending in 6638 5719.00 Enter Amount Enclosed Below Payment Due Date $ April 28, 2010 31 SDSNMoi 0004630 PEGGY STONER 313 SCENIC DR MECHANICSBURG PA 17055-5163 Address, *-mail or telephone change? Go to www.Discavw.com or print change in space above. papi Irdbr meforn more sew:e with pawAiard- Learn morn at °rdy PO BOX 6103 ???s+sllunslluull+llul CAROL STREAM IL 60197-6103 IrIIrrlLrnrrJlldrn6n+irllr,un1116ou1Lilrrsssltrs6r11 000001986458531710040000000000000000071900 Dots: March 28, 2010 - Closing Dale: iMard Discover More Card Account Summary Cardmember since Account number ending in 6638 Previous Balance $2,915.17 Payments And Credits 2,915.17 Purchases + 000 Balance Transfers + 000 Cash Advances + 0.00 Finance Charges + 0.00 Other Fees t + 0.00 New Balance 0.00 See Finance Charge Summary section following transactions for detailed APR information Credit Line $5,500.00 Credit Line Available - - - - - - - - - - -- - - - - - - 50:00 Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Available $0.00 I *See transaction detail for a description of any fees charged.) Anniversary Month May Opening Cashbock Bonus Balance $ 0.00 New Cashback Bonus This Period + 0,00 Cashba;" Bows B.I. S 0.00 To born more, log in at www.D6cover.com and stem Rewards Payment Information New Balance $0.00 Minimum Payment Due $719.00 Payment Due Date April 28, 201'0 Lab Paymw* Wamisg: if we do not receive your minimum payment by the date listed above, you may have to pay a Ide fee of up to $39.00. Manage Your Account Online at www.Wmcwaw.com • Securely access statements and free online tools, pay, bile online and track and view all transactions simply and easily • Make your ? rewworth ards -find easy ways to cam and rred&m • NEWI Access your account securely through your .--mvb16.0lom -- .----- --------------- 3 Easy Ways to Contact Us 1. Access your account awmely at www.Discwler cam 2. Cal 1-8004ASCOVER (1-800.347-2683) Please have your Discover* card available. 3. Writs to us at Discover PO Box 30943, Salt Lake City, UT 84130 For TDD (T&6communicdiom Device for the Deaf) assistance, please call 1-800.347-7449. J Transactions Trans. Post Date Dab Payments and Credits Mar 31 Mar 31 INTERNAL CHARGE-OFF $ -2,915.17 Finance C urge Summary Average Da Daily i ANNUAL P A( 'E ANNUAL Periodic Fee current billing period. 4 days s B? R r RAGE am g? Purchases I P t P h $0 0.06915% 25.24% V 25.2496 $0 $0 as urc ases C h Ad $0 0.06915% 25.24% V 25.24% $0 $0 as vances V - Variable Rate $0 0.06915% 25.2496 V 25.24% $0 $0 I I 83 se side. DIS(WER VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that she is Jodi Preston (Name) Account Manager of DFS Services LLC , plaintiff herein, that (Title) (Company) she 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 her knowledge, information and belief. - ?V& TA LAW (Signat re) WWR# 8330459 Peggy J. Stoner '? 6638 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~ati~~~tr nR ~uanbrr~i~~~ ~; y .~ /w~ '" i:'' tL Q!F~iCEr:' Th c~.ERIFF F1LE;~ I ~ ~`= ~/ ~r ,L r .. , ZOlO J~.:L -2 ~~~ ~~ 48 CU~~~ ' a ,,l„j;~~ j"2~6.,.i y{d.~ a ~p,"\I dl. ~.. Discover Bank vs. Case Number Peggy J. Stoner 2010-4207 SHERIFF'S RETURN OF SERVICE 06/30/2010 03:54 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2010 at 1554 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Peggy J. Stoner, by making known unto herself personally, at 313 Scenic Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 July 01, 2010 >- DENNIS F , DEPU SO ANSWERS, RON R ANDERSON, SHERIFF (cj CountySuite Sheriff, ieleosoR. Inc. ~'I~~Q-~FFIC~ ~; ~'~ ;'f~QTI~QNOTAR`( 210 C~~ i 22 1 9~ 3'~ C~~~~~s t'~I~D CDt~C`~~'Y ~'t_P~~~SYLVA~~6A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiViL DI"vISIi~N DISCOVER BANK Plaintiff vs. PF,GGY J STONER. Defendant No.IU-4207 CIVIL TERM PKAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D Urban, Esquire PA I.D. #90963 WF_,LTMAN, WF,INBERG & REIS CO._, L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-795 WWR#8330459 Judgment Amount $2,633.17 ~ I~.oo Pp 1~-rr/ C~' ~Fgl~B 0 5 R,~ a5oo73 ~o~tee ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVLSION DISCOVER BANK Plaintiff vs. PEGGY J STONER Defendant Civil Action No. 10-4207 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, PEGGY J STONER, in the amount of $2,633.17 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Attorney for Plaintiff PEGGY J STONER, B. Defendai WWR#8330459 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-4207 CIVIL TERM PEGGY J STONER Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF Ji1DGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, PEGGY J STONER, above-named, in the amount of $2,633.17 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 $2.633.17 with continuing interest thereon at a rate of 6.0% per annum from September 24, 2010, plus attorneys' fees in the amount of $125.00 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, PEGGY J STONER, in the amount of $2.633.17 plus continuing interest thereon at the rate of 6.0% per annum from September 24, 2010, plus attorneys' fees in the amount of $ l 25.00 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) $137.00 due by October 20, 2010; (b) no less than. $137.00 due by the 20`h day of each consecutive month 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. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 1400 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 fiive (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 lull 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 th' _day 20 ~ By: Defe a G Y J S ER WELTMAN, WEINBERG & REIS CO., L.P.A. Matthew U Urban, Esquire PA LD. #90963 WELTMAN, WEINBERG &REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 By: VVWR#8330459 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-4207 CIVIL TERM PEGGY J STONER Defendant NOTICE OF JUllGMENT OR ORllER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Jud meat was entered against you. on o (xx) Assumpsit Judgment in the amount of $2,633.17 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 't'ransportation, Bureau of `fraftic Satety, Harrisburg, PA. (xx) Entry of Judgment of ( ) COU1 i Orde,r ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary PEGGY J. STONER 31.3 SCENIC DR. MECHANICSBURG, PA 17055 By. PR ONOTAR (OR DEPUTY) WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s) I.D. No.86469 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 8330459 DISCOVER BANK Plaintiff -? ¢12:4 P,SYLVANIA CUMBERLAND County Court of Common Pleas vs. PEGGY J STONER Defendant(s) NO. 10-4207 CIVIL TERM 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 4 9. sso '11 L X Cry /a s Ws--2S' ?- ??lob