The URL can be used to link to this page

Home My WebLink About06-1885a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: OL _ `? ??Utk vs. COMPLAINT IN CIVIL ACTION CLARENCE LEROY BRENNEMAN 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 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05026738 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No CLARENCE LEROY BRENNEMAN 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, is a corporation with offices at 3311 MILL MEADOW DR. HILLIARD , OH 43026 2. Defendant is adult individual(s) residing at the address listed below: CLARENCE LEROY BRENNEMAN 331 CORNMAN RD CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002670359413 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of March 15, 2006 , in the amount of $5395.53 . 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $500.00 e 8. 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 , CLARENCE LEROY BRENNEMAN INDIVIDUALLY , in the amount of $5395.53 with interest at the legal rate of 6.000°% per annum from date of judgment plus attorneys' fees of $500.00 , and costs. INBERG & REIS CO., L.P.A. J_PA m rodt, 252 Avenue, Suite 2718 PA 15219 55 8-7130 Pit WLG This law firm is a debt collector atte ing to collect this debt for our client and any information obtaine will be used for that purpose. ^?I{?J new balance DISCO- Y0 R" $5,395.53 ram 04 SDSN6Aa10001964 CLARENCE BRENNEMAN 331 CORNMAN RD CARLISLE PA 17013-9640 account number 6011 0026 7035 9413 enter amount enclosed below Please make check payable to Discover Card. You are overlimit. Pay the sum of the monthly minimum payment plus the overlimit amount of $1,395,53. To order Cash Access Checks, select your P.I.N., or to find cash locations call 1-800-DISCOVER (1-800-347-2683) or visit Discovercard.com. PO BOX 15251 111111 11 1 %r111111 1111111111 ?WILMINUION DE 19886-5251 Address or telephone change? Please print change in the space above, or go to Discovercard.com. 000006011002670359413053955300000000056800 -- ------------ _ - - - - - - - Discover Card Account Summary account number 'payment due date minimum payment due credit limit credit available cash credit limit cash credit available E minimum payment due $560.00 payment due date February 3, 2006 '7 "2, t I EXHIBIT ---------------------_ ---------------------- ------- Closing Date: January 4, 2006 pagei of2 previous balance $5,239.63 payments and credits - 0.00 purchases + 39.00 cash advances + 0.00 6011 0026 7035 9413 February 3, 2006 $568.00 $4,000.00 $-1,395.00 $2,000.00 $0.00 balance transfers + 0.00 FINANCE CHARGES + 116.90 new balance = $5,395.53 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Opening Cashback Bonus Balance Cashback Bonus® New Cashback Bonus Earned $ 0.00 + 0.00 Cashback Bonus Balance $ 0.00 Available to Redeem $ 0.00 Cashback Bonus® Anniversary Date: September 4 Transactions trans. post date date ,Other/Miscellaneous Jan 4 Jan 4 LATE FEE $ 39.00 Your Account is overlimit While we are permitted under the Cardmember Agreement to charge you an Ovedimit Fee, we have chosen not to do so at this time. We reserve the right to do so if, as of the close of a billing period, your l outstanding Account balance exceeds your Account credit limit. See the Overlimit Fee section of the Cardmember- Agreement for details. ""'""" ATTENTION '""`""' ATTENTION '""'"'" ATTENTION "'""" ATTENTION """' ATTENTION """"" Your account is seriously past due. Payment of the amount due and arrangements for future payments should be made immediately. !Through the generosity of our Cardmembers, Discover(R) Card has donated more than $14 million to the Make-A- Wish 'Foundation. You can make a child's dream come true by electing to donate your Cashback Bonus(R) to the Make-A-Wish Foundation. To learn how, please visit Discovemard.com or visit www.wish.org. VERIFICATION ?. The undersigned does hereby verify subject to the penalties of 18 PA. S. §4904 relating to unsworn falsifications to authorities, that he/she is? A (Name-? f (U " of LLL vti ` ? J plaintiff herein, that (Title) J (Company) he/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 his/her knowledge, information and belief. WWR# 5026738 CLARENCE LEROY. BRENNEMAN 6011002670359413 G ?9. cn to G G G G r? :1 F(U)- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. No. 06-1885 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT CLARENCE LEROY BRENNEMAN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt Paid# 42524 Weltman, Weinberg & Reis Co. 2718 Koppers Bldg 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR405026738 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 06-1885 CIVIL TERM CLARENCE LEROY BRENNEMAN Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, CLARENCE LEROY BRENNEMAN, in the amount of $5895.53 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., CLARENCE LEROY BRENNEMAN, By: Defendant ?7 1 . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. CLARENCE LEROY BRENNEMAN Defendant Civil Action No. 06-1885 CIVIL TERM 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, CLARENCE LEROY BRENNEMAN, above-named, in the amount of $5895.53 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 $5,395.53 with continuing interest thereon at a rate of 6.00% per annum from Date of Judgement, plus attorneys' fees in the amount of $500.00 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, CLARENCE LEROY BRENNEMAN, in the amount of $5,395.53 plus continuing interest thereon at the rate of 6.00% per annum from Date of Judgement, plus attorneys' fees in the amount of $500.00 and costs. 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) $260.00 due by 4/30/06; (b) no less than $260.00 per month due on the LAST 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., 2718 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 Plaintiffs 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 1_day of 20jo(L_. ' WELTMAN, WEINBERG & REIS CO., L.P.A. By: Paid# Welihl , emberg & Reis Co. 2718 o ers Bldg 436 e nth Avenue Pitts rgh, PA 15219 412)434-7955 WWR#05026738 By: /14 Defendant, CLARENCE LEROY BRENNEMAN (l? 1 ?J Gb V n . 1'U '49. C P ME;; RlfFl r. 1 L' G N O Ca o+ 3 7.+ i ?o a 3 A tD Tl rn;P c O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 06-1885 CIVIL TERM CLARENCE LEROY BRENNEMAN 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 $5895.53 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 CLARENCE LEROY BRENNEMAN 331 CORNMAN RD CARLISLE,PA 17013 By: PRO ON #0RPUTY) SHERIFF'S RETURN - REGULAR CASE NO: 2006-01885 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS BRENNEMAN CLARENCE LEROY MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BRENNEMAN CLARENCE LEROY the DEFENDANT , at 1306:00 HOURS, on the 13th day of April 2006 at 331 CORNMAN ROAD CARLISLE, PA 17013 by handing to CLARENCE BRENNEMAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.4n0?_ 04/17/2006 (-) WELTMAN WEINBERG REIS Sworn and Subscribed to before By: me this 19 - day of 7 Deputy Sheriff 0? a(, A. D. Prothonotary 40 '° IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. No. 06-1885 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT CLARENCE LEROY BRENNEMAN Defendant 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#5026738 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 06-1885 CIVIL TERM CLARENCE LEROY BRENNEMAN Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. Sworn to and subscribed _ before me this N 'D, day of May, 2008 O Y PUB WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molc n, 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 #5020738 Wayne /a..' V Ci'y Of PiUsburr , My co nm&Sly ' tige,nber, Pen - , rv C Q 00 Q ?'?' -n G ` O 00 J ' 7