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Home My WebLink About10-4553 r-~_~.~ ~ ~ z h,~Y ~~ 2G10 JAL -9 P~~ ;~~ `'~ ., GJ~ ~~ ~._: ~ ~,~ ~ s ,w r. i`~ C t Id r,.+~l `~ ~ `1 1~ i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No; ~~/- ~s~3 l~/~1~ vs. COMPLAINT IN CIVIL ACTION SEAN C 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 08330498 C A Pit EMR ~~` ~fC~ /~l/3~ ~~~ ~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No SEAN C 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 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, 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: SEAN C STRAWSER 310 BRANDY LN MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9225 . 4. Defendant made use of said credit card and has a current balance due of $7258.25 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 28.9900 per annum on the unpaid balance from April 09, 2010 A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" 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 SEAN C STRAWSER ,individually in the amount of $7258.25 with interest at the rate of 28.990% per annum from April 09, 2010 plus attorneys' fees of $125.00 and costs. James C. ro t,42524 WELTMAN, INBERG & REIS CO., L.P.A. 436 Sev th Avenue, Suite 1400 Pittsbu gh, PA 15219 (412) 4 4-7 55 FAX: 4 2-33 -7130 083304 8 C A Pit EMR This law firm is a debt collector attempting ~o collect this debt for our client and any information obtained it be used for that purpose. Nsw Balance Minimum Payment Dus DISCOVER so.oo sl,sa,.oo Payment Due Date Apra 2b, 2010 37 SLISN6AOt 0004689 SEAN STRA4lSER 310 BRANDY LN MIECNANICSBUR6 PA 17055-2807 Address, s•moil ar telephone change$ Go to www.Dircoverean or print change in space above. Accaurd Number snd'mg in 9225 Enter Amount Enclosed Bekyw S t3o papetiess and melds your aocouttt iMorntetion more ware vrifh paaasord- ataterttmt~ only you can eca3as. Loam more at discovercarrVpaperiess. PO BOX 6103 {{fur{{usn{{ou{{s{{u{ CAROL STREAM Il 60197-6103 (r{~uf{uarrff{r~u{nr{r{{rnu{{{{ru,t{{s{{u»~{{u{u{{ 000001986458677993319DDDDDDODODDDD00154100 __. -L___ ___-. _. --_- _____ - - ____- _ _~_.-__--_.-_ .______ -__~ .---_-~~_ __. _.. _ ~_~__._~~_~_~___~ Opening DaN; March 10, 2U 10 - Qosir-g Dale: Mardi Discover Mans Card Account Summary Cardmamber since Account number ending in 9225 i i i i i _i i i i i i Provious Bakance 57,258-25 Payments And Credits - 7,258.25 Purchases + 0.00 Baksnce Transfers + 0.00 Cash Advances + 0.00 Fierce Charges + 0.00 CMher Fees t + 0.00 New Balance 0.00 See Finance Charge Summary section following transactions For detailed APR informatron Credit Line 55,600.00 Credit tine Avrsilabb- - - - - _ ' . - - - - - - - 50:00 Cash Advance Credit line 52,900.00 Cash Advance Credit line Available 50.00 t See hansaction detail for a description of arty Fees charged • s t, ~v tv page r w t Payment information New 8aksnce 50.00 Minimum Payment Due 51,541.00 Payment Due Dole April 26, 2010 late Payment Wamirg: If we do not raesiw your minimum paymsrd by the date fisted above, you may hove ro pay a lets fee of up to 539.00 and your purchase APRs for new transactions maybe increased up to the Default APR of 29.99% variable. Manage Your Account Oni'me at www.Discover.com • Securely access statements and Gee online tools, pay biNs online and hack and view aN transactions simply and easily • Make yaw money worth moron-find easy ways to coin _ _ _ -sad redeera.casbrewards - _ _ • ~ - - - - - - - - - - - - - - - - - - - • NE W T Access yaw accamt sscwely through your mobile phone 3 Easy Ways. to Contact Us 1. Access your account securely at www.Diecoversom 2 CaN 1-800-DISCOVER (100347.2683 i i i i Please haw yaw Dfscowreeard avaiksb~. 3. Writs to vs of Discover, PO Box 30943, Sah lake City, In 84130 For TDD (TeFxommunieations Device Fx Ihs Dw9 assistance, phase wl 1-800347-7449. TranSGCtIOnS Trans. Past i>ale llbte Payments and Cndih Mar 3l Mar 31 INTERNAL i CHARGE-OFF S -7,258.25 ; Finance Charge summary - ~ -----__ --~---- --- -- ~ ~ Nominal _ Average Daily ANNUAL ANNUAL periodic e ~ Drily Periodic PERCENTAGE F6LCENTAt3E fNA1VCE ~~ ~ ~ current billing period: 22 days Babncss Rafss RATES RATES purchases 50 0.07942% 28.9990 28.94% 50 50 Past Purchases SO 0.07942% 28.99% 28.44% 50 50 Cash Aclvancss SO 0.07942% 28 99% 28.99% 50 50 i V =Variable Rata i . EXHIBIT aid®. 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. L. (Signat e) WWR# 8330498 Sean C. Strawser 9225 SHERIF Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank vs. Sean C. Strawser 07/12/2010 OFFICE OF CUMBERLAND COUNTY ~,~~titu of ~~Q~nb~~.d G ;~ .~~~~~ ~FF~E QF TH~.~~RIFF 2010 JI.IL i 5 ~r' ~~ 31 ;ti,'c;~~r e , r~~: , Yu , I_t~',~: ~,,1 Case Number 2010-4553 HERIFF'S RETURN OF SERVICE 03:14 PM -Michael Ba rick, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2010 at 1514 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sean C. Strawser, by making known unto Traci Strawser, Wife of defendant at 310 Brandy Lane, Mechani burg, Cumberland County, Pennsylvania 17/055 its nts and at the same time handing to her persona ly the said true and correct copy of the sam-'"/ MICHAEL BJ~RRICK, DEPUTY SHERIFF COST: $37.00 July 13, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Shenff, TeleosoR, Inc. (s3~~~~> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. (p _ 4~3 `i~V i( ~G"MI SEAN C 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 (xx) Assumpsit Judgment in the amount of $7,855.57 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 SEAN C STRAWSER 310 BRANDY LN c NIECHANICSBURG,PA 17055 By: PROT OTARY (OR DEPUTY) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff n r ._J vs. Civil Action No. ~_ ~~ -Tz 't:7 -=- 7-•• -~ Rif:.,, C~°°. ~= =-~t SEAN C STRAWSER `_ _ ~~ r- _. ~ - - Defendant rf c_ T 1. ,~'~' ... .. ~ C,. YY --. STIPULATION OF THE PARTIES FOR PAYMENT _ AND FOR THE ENTRY OF JUDGMENT BY CONSENT ~ 1 TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, SEAN C STRAWSER, above-named, in the amount of $7,855.57 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 $7,258.25 with continuing interest thereon at a rate of 28.99% per annum from APRIL 9, 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, SEAN C STRAWSER, in the amount of $7,258.25 plus continuing interest thereon at the rate of 28.99% per annum from APRIL 9, 2010, plus attorneys' fees in the amount of $125.00 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) $200.00 ALREADY RECEIVED. (b) $200.00 due by JULY 18, 2010; ~!'~'d0 Pp ~~ C~ 4(088040 ~* ail ~o9~Y I~,ee I~,la~cP (c) no less than $200.00 per month due on the 18"~ 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. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintifi'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. 3~' 9. Intending to be legally bound, the parties set their hands and seals this' day o _'~ 24 ~.' y' - D ndar S STRAWSER WELTMA~BERG & R .T_F c ~n r . P.A. By: i v MATTHEW D. URBAN, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#8330498 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. SEAN C STRAWSER Uefendant Civil Action No. PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, SEAN C STRAWSER, in the amount of $7,855.57 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, W ERG & REIS CO., L.P.A., sy: Attorney for Plaintiff SEAN C STRAWSER , ,• Q ~' WWR#08330498