The URL can be used to link to this page

Home My WebLink About14-0556 4 Supreme C Pennsylvania WWRN 30245618 C A Pit SJS Courfrof Pleas V '' For Prothonotan• Use Ord Civil Co�'er j': C UMBERLAND Cp Docket No: f C J 19 , Tire information collected on this. form is used solely for court administration proposes. This forma does not supplement or replace the filing and service of pleadings or other papers as required by lain or rules of court. Commencement of Action: S a Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Q Declaration of Takin C DISCOVER BANK Lead Plaintiff s Name: Lead Defendant's Name: T GREGORY S MARTIN I - 0 Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits N I (check one) ❑ outside arbitration limits Is this a Class Action Suit? ❑ Yes 13 No Is this an MDJ Appeal? ❑ Yes 10 No A Name of Plaintiff /Appellant's Attorney: William T. Molczan,47437 ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Protection Administrative Agencies ❑ Malicious Prosecution Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle Debt Collection: Other ❑ Board of Elections ❑ Nuisance 11 0 Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E ❑ Product Liability (does not include ❑ Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: 13 Other: 1 N MASS TORT ❑ Asbestos B ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - DES ❑ Ejectment ❑ Common Law /Statutory Arbitration • Toxic Tort — Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment • Toxic Waste ❑ Ground Rent ❑ Mandamus ❑ Other: ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Retraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Waranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 s G J A Y / ppl pE S �LQ OU + t ,� A tit► IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK C - Plaintiff No: J� VS. COMPLAINT IN CIVIL ACTION GREGORY S MARTIN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412- 338 -7130 30245618 C A Pit SJS S C� Q Li IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No GREGORY S MARTIN 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 banking institution organized under the laws of the State of Delaware and maintains a business address of 12 Reads Way, New Castle, DE 19720. 2. DB Servicing Corporation is the servicing affiliate for Discover Bank, f /k /a Greenwood Trust Company, an FDIC - insured Delaware State bank. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including, business management services in support of Discover Bank business lines, including, among other things, credit cards, deposits, personal loans and student loans, customer service, collections, credit risk, collection of delinquent accounts and other support services. The collection of delinquent accounts includes the right to forward the account to the attorneys and /or collection agencies for collection and to file suit on Discover Bank's behalf. 3. At all times pertinent hereto, DB Servicing Corporation is the servicing affiliate for Discover Bank, in reference to Defendant's account, which is the subject of this litigation. 4. Defendant is an adult individual(s) residing at 680 BRITTON RD SHIPPENSBURG, PA 17257 n 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8282. 6. Defendant made use of said credit card and has a current balance due of $8045.37. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1". 7. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and /or refused to pay the balance due the Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant, GREGORY S MARTIN, INDIVIDUALLY, in the amount of $8045.37 and costs. William T. Molcza ,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412- 338 -7130 WWR# 30245618 C A Pit SJS DISC VER Discover More Card Account number ending in 8282 Open Date: Sep 17, 2013- Close Date: Oct 16, 2013 Cardmember Since 1988 A CCOUNT SUMMARY P AYMENT INFORMATION Page 1 of 4 Previous Balance $7,848.70 � New Balance $8,045.37 Payments and Credits — $0.00 Minimum Payment Due $1,647.00 Purchases + $0.00 Payment Due Date November 11, 2013 + Balance Transfers $0.00 + ' Includes past due amount of: $1430.00 Cash Advances $0.00 Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged $161.67 date listed above, you may have to pay a late fee of up to $35.00 and your New Balance $8,045.37 purchase and balance transfer APRs for new transactions may be increased up to I the Penalty APR of 29.24% variable. See Interest Charge Calculation section following the Minimum Payment Warning: If you make only the minimum payment each Tran ... period, . ._ ..............- .......... _... ................ ....... .. .._..........................__ p , y ou will pay more in interest and it will take you longer to pay off your 1 Credit Line $6,800 i balance For example: Credit Line Available $0 { f ?cmmokettbtiddifionulcharges pay And you Will end up 1 t usin thfkord arxl eodi rnanth balance ill or ;ftfs pay ng,ern es{;meled'total Cash Advance Credit Line $3,400 $ j YOU stat8mctnt Ott gbout., of., Cash Advance Credit Line Available SO I Only the minimum payment 27 years $33,460 You may be able to ovoid interest on Purchases. 1 If you would like information about credit counseling services, call 1-800-347-1121. 1 See reverse for details. ) . ............ ......_ ............... .................._ .... .......................... .... _ ............................. .... ........... _ ................................. _- REWARDS ContactUs Discover.com _ ......................................__...........................__........_........................._......._.........,............... ..._......._..__............... Annrversory M onth 1- 800 -347 -2683 , Cashback Bonus® November Opening Balance S 0.00 Please make check payable to Discover. You are overlimii. New Cashback Bonus This Period + S 0.00 Pay the sum of the Minimum Payment Due plus the remaining Redeemed This Period — S 0.00 j ......_ . .............._....................................,........................................_.....................................,........._.........__....,...............................,.,,.__....................... .........._.....,............._ overlirnit amount of $1245.37. Cas hback Bonus Balance $ 0,00 To learn more, log in at Discover.com j Make Check payable to Discover Please fold on the perforation below, detach and return with your payment NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION .......... ... pidy 'tehf. Coupon Pax 0[tltRe. �Y ?b�6'P}10tIt; Account number ending in 8282 Ploas� da pot, fold, clip ar attypfe:, � �rSZgyel it orrt � 7 $00 34T 2x483 ................... ... . I - Minimum Payment Due $1,647.00 New Balance $8,045.37! ........... . ..... ..._.... _............... ._........_.._....._....._... Payment Due Date November 11, 2013 1 ................. .........._.........._........ GREGORY S MARTIN I 680 BRITTON RD Amount enclosed � S SHIPPENSBURG PA 17257 -9522 . ........ _ ... _. _ _- .—......._..�_.._......._.--- ._.__._._ PO BOX 71084 CHARLOTTE NC 28272 -1084 jl:IIII I :'II�;II I'll'llI:III i�U';!"I�I�;:I; 302"619 Internet payments must be received by 5PM E7 to be. credited as of the some day Address, e-mail or telephone changed? Note changes on reverse side 000001986457814126395080453700057580164700 EXHIBIT ��i GREGORY S MARTIN Account number ending in 8282 Open Date; Sep 17, 2013 • Close Dote: Oct 16, 2013 .. ..... Page of 4 ... ............................... ...... ._.._..._..._....._._.....__... .......................... .... .. ...... Important Information You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. low, See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. You can set automatic payments for: (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed Lost or stolen cards. Report immediotelyl Call 1- 800- 347 -2683. dollar amount, or (iv) Other dollar amount. If your scheduled 'Ocher dollar A Mistake On Your Statement amount" payment is not enough to cover the Minimum Payment Due as listed What To Do If You Think You find write to us t: Discover, PO on your monthly billing statement, your scheduled payment for that month If you think there is an error on your A Mistake Box 30421, Soli Lake City, UT 84130 -0421. You must write to us within 60 will be increased to cover the Minimum Payment Due. If the scheduled days offer the error appeared on your statement. You may call us, but it you Payment is greater than the Minimum Payment Due, any excess will do we are not required to investigate any potential errors, and you may have applied in accordance with your Car lance o y Agreement. If your scheduled to pay the amount in question. The Billing Rights Notice further explains your poyment is greater than the New Balance on your billing statement, that rights. Please see your Cardmember Agreement or visit payment will be processed only for the amount of your New Balance. Your hitps : / /discover.com /billingrighis for a copy of this notice. automatic payment amount may be less than the amount indicated on the billing statement based on credits or payments after the Close Dole. Payments. You may pay all or part of your Account balance at any time. If you enroll by phone in our automatic payment service, please fill -in the However, you must pay at least the Minimum Payment Due by the Payment following blanks below and retain the authorization for your records. Due Dale. Send only, yyour ppayment and the bottom portion of this statement 9 _ in the enveloppe provided. Uo not send cash, If you pay by check, yo Amount: � Full Po E Min Pay 7 Min Pay+ S authorizg us io use information on your check to make pn ele�{rornc fund y transfer from your account at the financial institution indicated on your check { } Other Amount$ Bank Routing #: or to process the payment as a check transaction. If a payment is processed as an electronic fund transfer, the transfer will b for the amount of the Bank Account # check. When we use information from your check to make on electronic fund transfer, funds may be withdrawn from your account as soon as the same Monthly on the .._I Payment Due Date [] Close Date day we receve your payment, and you will not receive your check back from your financial institution. I_. Day of month (insert date) The processing of your payment may be delayed if you send cash, Credit Reporting. We may report information about your Account to credit correspondence or other items with your payment, if you send the payment to bureaus. Late payments, missed payments, or other defaults on your Account any other address or if you use on envelope other than the one provided. may be reflected in your credit report. We normally report the status and Payments received in proper form at our processing facility by 5PM local time payment history of your Account to credit reporting agencies each month. If on any day will be credited to your Account as of that day. Payments received you believe that our report is inaccurate or incomplete, please write us at the of our processing facility after 5PM local time will be credited to your Account following address: Discover, PO Box 15316, Wilmington, DE 19850-5316. as of the next day. If you hove misplaced your envelope, send your payment Please include your name, address, home telephone number and Account to Discover, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7.10 number. days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. Payments made online or by phone will be Paring Interest. Your due date is of least 25 days after the close of each credited as of the day of receipt if made by 5 PM Eastern time. billing period (at least 23 days for billing periods that begin in February). We You can pay your monthly Minimum Payment Due, or a greater amount that will not charge you any interest on Purchases if you pay your entire balance does not exceed your current Account balance, over the telephone or you can by the due date each month. We will begin charging interest on Cosh setup automatic payments through a customer service representative by Advances and Balance Transfers as of the later of the Transaction Date or the calling 1- 800 - 347 -2683. Automatic payments for the billing period shown first day of the billing period in which the transaction posted to your Account. on your statement will be deducted on the Payment Due Date shown on that How We Calculate Interest Charges. We Use the Doily Balance Method statement, or the next automatic payment date referred to on your statement, unless you request a recurring payment date (e.g., the 15'' day of the month) Rote. For more rinformatioon,�please ca cal us t 1- 800 - 347 -2683. Interest that occurs before your Payment Due Dale or Close Date. If your scheduled payment dole falls on a weekend or bank holidoy, your payment will be Balance Subject to Interest Rate. Your statement shows a Balance Subject processed the business day prior to the weekend or bank holiday. In order to to Interest Rote. It shows this for each transaction category. The Balance schedule monthly payments by telephone, you will need this statement and Subject to Interest Rote is the average of the doily balances during the billing your bank account information. You will be asked to provide the last four (4) period. digits of the social security number of the primary borrower. By providing those numbers as your electronic signature, you will be agreeing to this Credit Balances. If your Account has a credit balance, the amount is shown authorization to allow us and your bank to deduct each payment you on the front of your billing statement. A credit balance is money that is owed authorize, in the amount selected by you, from your bank account. You also to you. You may make charges against this amount if your Account is open. authorize us to initiate debit or credit entries to your bank account, as We will send you a refund of any remaining balance of S1.00or more after applicable, to correct on error in the processing of such payment. You can 6 months, or as otherwise required by applicable law, or upon request made cancel o scheduled payment by phone at 1 -800- 347 -2683 or by mail at to the address in the Contact Us section on page 3 of your billing statement. Discover, PO Box 30421, Salt Lake City, UT 84130 -0421; however, we must Discover may monitor and /or record telephone calls between you and receive notice at least three business days in advance of the scheduled Discover representatives for quality assurance purposes. payment. If your payments may vary in amount, we will tell you on each monthly billing statement when your payment will be made and how much it The Discovers card is issued by Discover Bank, Member FDIC. TL23N will be. CHANGE OF ADDRESS .. ......... _._..__.... ... _ ..... _ .__ ..._............___ ......... _ ....................... _ . If correct on front, do not use. Please print clearly in blue or black ink, in the space provided. .........._.........._..._ ... ............................... _......._._........._........._........._........_........._._....................._.._.......__.._...... ...._............._............ :......._.__......._ ............._.._..........._............................................ ...........,.................._ ._. Street Address ` Home Phone I .............................. ...............__......._...... _...._.__._..................................._..................................... ............................... _..._.........................,...................... ............................... i Work Phone i _.... __._........_..........._.._ ...................._._..__.........__............._..........._..............._............... ._._......._..._......_......,. _.. ......._.............._.__..... City } Email ....... ... ..... .... 34�a�18 ..... ....I I � To make changes to your address, email or telephone number, visit Discover.com Continued on next page. DISC VER Discover More Card Account number ending in 8282 Open Date: Sep 17, 2013 - Close Date: Oct 16, 2013 Page 3 of 4 CONTACT US j 0 Web Mobile Phone Inquiry Mail Payments j Access your Manage your 1 -800- DISCOVER Discover Discover account securely account anytime, (1- 800 - 347 -2683) PO Box 30943 PO Box 6103 E at Discover.com anywhere at TDD 1- 800 - 347 -7449 Salt Lake City Carol Stream m. Discover. com ..................................._.._........._................._............................._.. .__............................ _...._.. .......... 84130 IL 60197 -6103 I .....__ - -- ....................... ............................. .._._. .. .. .............. _ -.... _......._ Transactions Trans. Date Post Date Fees Od 11 Oct 11 LATE FEE 5 35.00 TOTAL FEES FOR THIS PERIOD 35.00 ..... _ ........ _. .... -. ................. .........................................................................._..__........_ ...._.._........__............_ -. ... ...... - ............ ...... ............... .................................. .......................... ............................................................ _ ... .............................._.......... .................................. ............ . Interest Charged INTEREST CHARGE ON PURCHASES S 138.81 INTEREST CHARGE ON CASH ADVANCES 22.86 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 161.67 2013 Totals Year -to -Date TOTAL FEES CHARGED IN 2013 S 350.00 TOTAL INTEREST CHARGED IN 2013 $ 1,499.57 . _ ... .......................................................................................................... .................................. .. ...- ............. ... . ........................... _. _ _ ............ . ....................._....._...........................-....................... .. . ...................... ...................... .................................................... _ ............ ........... . Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 30 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 24.24% V $6,967.05 $138.81 Cash Advances 28.99% $959.51 $22.86 V= Variable Rate Information For You For more information about how interest charges are calculated see your Cardmember Agreement or go to www .discover.com /inieresicharges 30245618 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION GREGORY S MARTIN Account number endiN in 8282 Open Dcie; Sep 17,..2 _ Close Date: Oct 6 Poqe�4 of 4 . . . .......... . . ......... . . ...... 30245618 u VERIFICATION (Name) of DB Servicing Corporation, servicing affiliate of Discover Bank does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities states, that he /she is a duly authorized representative of plaintiff herein. Additionally, he /she verifies that Discover Bank, f/k/a Greenwood Trust Company, which is an FDIC - insured Delaware state bank, lacks sufficient knowledge or information to verify this complaint. He /she verifies that he /she is authorized to make this verification. As an employee of DB Servicing Corporation, he /she has sufficient knowledge and information to make this verification, and consequently verifies that the facts set forth in the foregoing complaint are true and correct to the best of his/her knowledge and information and that he /she is personally familiar with the account and the relationship between Discover Bank and DB Servicing Corporation. It is further stated that Discover Bank and DB Servicing Corporation extend credit through issuance of the Discover Card. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank, including business management services in support of Discover Bank business lines, including, among other things, credit cards, deposits, personal loans and student loans, customer service, collections, credit risk, collection of delinquent accounts and other support services. The collection of delinquent accounts includes the right to forward the same to the attorneys and/or collection agencies for collection and to file suit on Discover Bank's behalf Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Servi Date f S' e DB Servicing Corporation servicing affiliate For Discover Bank SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -f Sheriff P1?O i Jody S Smith '' IL F A P Chief Deputy il I: 20 Richard W Stewart CUMBERLAND couN p Solicitor PENNSYLVANIA ' Discover Bank vs. Case Number Gregory Scott Martin 2014-556 SHERIFF'S RETURN OF SERVICE 02/05/2014 03:03 PM- Deputy Valerie Weary, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Gregory Scott Martin at 680 Britton Road, South Hampden Township, Shiipppensbburg, PA 17257. V � Y/ VALERIE WEARY, DEPUTY SHERIFF COST: $73.20 SO ANSWERS, February 07, 2014 RONN R ANDERSON, SHERIFF 11:05:59 a.m. 03-14-2014 3/5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. GREGORY S MARTIN Defendant CIPE FOR () r Civil Action No. 14-556 CIVIL- — X:a. /..4,— ---1 GMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, GREGORY S MARTIN, in the amount of $8,045.37 costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney for Plain ti jJj G ti GORYS 680 BRITTON RD SHIPPENSBURG, PA 172579522 WWR# 30245618 4. I 6. 50 pa rcrri 5 43 I(n'7 01- 3041411 \io-lice i led 11:06:06 a.m. 03 -14 -2014 4 /5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No 14 -556 CIVIL GREGORY S MARTIN 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, GREGORY S MARTIN, above - named, in the amount of $8,045.37 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 $8,045.37. 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, GREGORY S MARTIN, in the amount of $8,045.37 plus continuing interest thereon at the statutory rate of 6.00% per annum from the date of judgment, 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) Defendant shall pay a settlement amount of $4,176.00 at $232.00 per month beginning on or before March 30, 2014 and continuing until paid; (b) If the Defendant pays that amount in the agreed upon timeframe, Plaintiff agrees to file a satisfaction of judgment; (c) If Defendant fails to pay as agreed, Defendant will owe the full amount of the judgment, less any payments made, plus accrued interest and costs. 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 7th Ave Ste 1400, 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. 11:06:19 a.m. 03 -14 -2014 5 /5 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 fails 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 - 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 this ( day of /17e1 r _,20_� . WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. # 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh, PA 15219 WWR# 30245618 A PIT ABR 6:0 BRITTON RD SHIPPENSBURG, PA 17257 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. GREGORY S MARTIN Defendant Civil Action No. 14 -556 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Julgment was entered against you on (xx) 'As'sumpsit Judgment in the amount of $8,045.37 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 GREGORY S MARTIN 680 BRITTON RD SHIPPENSBURG, PA 17257 By: PROTHONOTARY (OR DEPUTY)