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HomeMy WebLinkAbout06-2445IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JILL L PERLICK Defendant Not U(o - -?LJL?5 01 1. 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. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05105759 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No JILL L PERLICK 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: JILL L PERLICK 2128 MILLTOWN RD CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002190738096 . 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 April 13, 2006 , in the amount of $16183.96 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 $1500.00 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 , JILL L PERLICK INDIVIDUALLY , in the amount of $16183.96 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1500.00 and sts. A i Jam s Warmbrodt, 524 WEL?iMA , WEINBERG & REIS CO., L.P.A. 436 S enth Avenue, Suite 2718 Pitts urgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05A5759 C A Pit WLG This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Ulb'UOV tK x16,183.96 CARD ,Jd S'75?i 26 SDSNGA01 0001074 JILL PERLICK 2128 MILLTOWN RD CAMP HILL PA 17011-7434 $1,062.00 enter amount enclosed below payment due date $ February 25, 2006 Please make check payable to Discover Platinum Card. You are overtimit. Pay the sum of the monthly minimum payment plus the overlimit amount of $983,96. Use your card with confidence--Discover Card ranked #1 in Fraud Protection Services among the largest card issuers by Javelin Strategy & Research in its 2005 report. Address or telephone change? Please print change in the space above, or go to Discovercard.com. PO BOX 15251 Ilirrrllrlrr1111r11rrrr1r11 WILMINGTON DE 19886-5251 IIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIFIIIIIIIIIIIlIII oil 000006011002190738096161839600000000106?L00 Discover Platinum Card Account Summary account number payment due date minimum payment due credit limit credit available rash credit limit cash credit available Closing Date: January 26, 2006 page 1 of 1 previous balance $15,741.66 payments and credits - 0.00 purchases + 74.00 cash advances + 0.00 balance transfers + 0.00 FINANCE CHARGES + 368.30 new balance = $116,183.96 You maybe able to avoid Periodic Finance Charges, see the r rse side for details. L `- Opening Cashback Bonus Balance $ 28.87 Cashback BOnuse New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 28.87 Available to Redeem $ 0.00 Cashback Bonus@ Earned Since Anniversary Date of March 26: $16.19 Transactions trans, post date date Other/Miscellaneous Jan 26 Jan 26 LATE FEE $ 39.00 Jan 26 Jan 26 OVERLIMIT FEE - 35.00 -Your account is past due. -Please pay your minimum monthly payment plus the past due amount. - Average Daily Daily Periodic Balances Rates current billing period: 31 days Purchases $15919.16 0.07463% Cneh dirvnnroc en n r7141o1 6011 0021 9073 8096 February 25, 2006 $1,062.00 $15,200.00 $0.00 $5,100.00 $0.00 Nominal ANNUAL Transaction ANNUAL Periodic Fee PERCENTAGE PERCENTAGE FINANCE FINANCE RATES RATES CHARGES CHARGES 27.24% V 27.24% $368.30 none 07 0AO/ 1/ 0794W SA Cn VERIFICATION The undersigned does hereby verify subject to the penalties of I8 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is AtL --? (Name) (G9 ??iJQ®?1? of Discover Financial Services, LLC., plaintiff herein, that (Title) (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. (Signature) WWR# 5105759 JILL L PERLICK 6011002190738096 w a --J I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Vs. JILL L PERLICK Defendant No. 06-2445 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D.#42524 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05105759 Judgment Amount S 17,683.96 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JILL L PERLICK Defendant TO THE PROTHONOTARY: Civil Action No. 06-2445 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JILL L PERLICK above named, in the default of an Answer, in the amount of $17,683.96 computed as follows: Amount claimed in Complaint $16,183.96 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $1,500.00 TOTAL $17,683.96 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. V 11 V - Ja, Esquire PW& Reis Co., L.P.A. BThAvenue 2743 Pi 219 WWR405105759 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7m Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 2128 MILLTOWN RD., CAMP HILL,PA 17011. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff JILL L PERLICK Defendant(s) IMPORTANT NOTICE TO: JILL L PERLICK 2128 MILLTOWN RD CAMP HILL,PA 17011 Date of Notice: 0 WWR#: 05105759 Case # 06 - 2ygyr- G.vrc %LritM YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 BY: JAMES W BRODT, ESQUIRE PA I.D. #42524 WELTMAZ WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Case no: 06-2445 CIVIL TERM Plaintiff VS. JILL L PERLICK Defendant NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, JILL L PERLICK is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, JILL L PERLICK is not in the military service. Further Affiant sayeth naught. SWORN TO AND ISCRIBED ;n my presence this day COMMONWEALTH OF PENNSYLVANIA Notarial Seal Heiu: J. Kelly, Notary °ublic City Of Pittsburgh, Allegheny County My Comm;ssbn Expires ;,4c 4, 2009 Member, Pennsylvania Association of Notaries This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUN-14-2006 08:22:30 -C Last Name First/Middle Begin Date Active Duty Status Service/Agency PERLICK Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense-Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Dei'ense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: hi://www..defenselink.mil/faq/?is/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/14/2006 Request for Military Status Page 2 of 2 1 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: GYTCHUJIDB https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/14/2006 7j? J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 06-2445 CIVIL TERM JILL L PERLICK Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order r Judgment as entered gainst you J I (xx) Assumpsit Judgment in the amount of $17,683.96 plus costs. ( ) Trespass Judgment in the amount of$ 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 (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By PROT ONOTAR D TY) JILL L PERLICK 2128 MILLTOWN RD CAMP HILL,PA 17011 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`" Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, No. 06-2445 CIVIL TERM TYPE OF PLEADING: vs. PLAINTIFF'S MOTION TO VACATE JUDGMENT ENTERED 13Y DEFAULT JILL L. PERLICK. Defendant. 1'[LED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. # 42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 05105759 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, No. 06-2445 CIVIL TERM TYPE OF PLEADING: VS. PLAINTIFF'S MOTION TO VACATE JUDGMENT ENTERED BY DEFAULT JILL L. PERLICK, Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. # 42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 05105759 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, vs. JILL L. PERLICK, Defendant. No. 06-2445 CIVIL TERM PLAINTIFF'S MOTION TO VACATE JUDGMENT ENTERED BY DEFAULT AND NOW, comes the Plaintiff, by and through its attorneys, Wellman, Weinberg & Reis, Co., L.P.A., and files the following Motion To Vacate Judgment Entered By Default, and in support of which respectfully represents as follows: Plaintiff filed a Complaint on May 1, 2006 seeking to recover from the Defendant an unpaid credit card balance. 2. A default judgment was entered against the Defendant on June 20, 2006 in the amount of $17,683.96. 3. Subsequent to the entry of Plaintiff s judgment, Defendant has secured financing to pay a portion of the amount owed to Plaintiff on its judgment. In return for partial payment of the amount owed to Plaintiff, Plaintiff has agreed to vacate the default judgment to allow Defendant's lender to record its mortgage and take first lien position as to Defendant's real property. 5. Plaintiff and Defendant have entered into a Praecipe for Judgment By Consent and a Stipulation for the entry of judgment and for repayment of the balance owed by Defendant to the Plaintiff, which judgment would be entered subsequent to Defendant's lender recording its mortgage. Attached hereto and designated as Exhibit "1" are copies of the Praecipe for Judgment By Consent and a Stipulation executed by the respective parties hereto. WHEREFORE, Plaintiff humbly requests that this Honorable Court enter an order vacating the default judgment herein entered on June 20, 2006, together with any further relief'which this Honorable Court deems appropriate. Respectfully submitted, Jame C. Warmbrodt, Esquire PA I.R.# 42524 W an, Weinberg & Reis, Co., 1 Koppers Building V 3 Seventh Avenue ttsburgh, PA 15219 (412)434-7995 WWR# 05105759 CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiffs Motion To Vacate Judgment By Default has been served by U.S. Mail, Postage Pre-Paid, on of 2006 upon the following: Jill L. Perlick 2128 Milltown Road Camp Hill, PA 17011 BY: Ca C ? ? ?? K_ '? '? ... ` ` CJa -' i ? Y' - •S1 ' ,. in SEP-05-2006 17:18 P_07 ?LA - V -Wb IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENN: CIVIL DIVISION DISCOVER BANK Plaintiff vs. JILL L PERLICK Defendant TO THE PROTHONOTARY: Civil Action No. 06-2445 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT Kindly enter Judgment against Defendant, Jill L. Perlick, in the amount of $17,841.99 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., ITLL L PERLICK, By: 17efend t SEP-05-2006 17:18 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 06-2445 CIVIL TERM JILL L PERLiCK Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: P.08 Kindly enter Judgment in favor of Plaintiff and against the Defendant, Jill L. Perlick, above-named, in the amount of $17,841.99 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 $16,341.99 with continuing interest thereon at a rate of 6.000% per annum from date of judgment, plus attorneys' fees in the amount of $1,500.00 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, Jill L. Perlick, in the amount of $16,341.99 plus continuing interest thereon at the rate of 6.000% per annum from date of judgment, plus attorneys' fees in the amount of $1,500.00 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) $10,705.19 due by July 27,2006; (b) $325.00 due by August 27, 2006; SEP-05-2006 17:18 P.09 (c) no less than $325.00 per month due on the 2r 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. r 9. Intending to be legally bound, the parties set their hands and seals this -day of 20 4?[ . WELTMAN, WEINBERG & ISIS CO., L.P.A. By: r James armbrodt, Esquire - IV PA I.D. 4 524 WEL , WEINBERG 8t REIS CO., L.P.A. 2718 o pers Building 436 a nth Avenue Pi gh, PA 15219 (41. 434-7955 Y ? k- WWR#05105759 By: _ TOTAL P.09 DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JILL L. PERLICK, DEFENDANT NO. 06-2445 CIVIL ORDER OF COURT AND NOW, this 8m day of September, 2006, upon consideration of the Plaintiff's Motion to Vacate Judgment Entered by Default, IT IS HEREBY ORDERED AND DIRECTED that the Motion is GRANTED. IT IS FURTHER ORDERED AND DIRECTED that the Default Judgment entered herein on June 20, 2006 is VACATED without prejudice to Plaintiff to file the Praecipe for Judgment By Consent and Stipulation entered into by the respective parties. By the Court, James C. Warmbrodt, Esquire Attorney for Plaintiff il L. Perlick Defendant NL. Ebert, Jr., 6 J. bas ??? ma>tJ Jv -i r : -,,?- - ?,r,-?,-? ? r ?s? SHERIFF'S RETURN - REGULAR CASE NO: 2006-02445 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS PERLICK JILL L SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE PERLICK JILL L DEFENDANT was served upon the , at 1917:00 HOURS, on the 3rd day of May , 2006 at 2128 MILLTOWN ROAD CAMP HILL, PA 17011 by handing to RICK PERLICK, HUSBAND 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: Docketing 18.00 Service 13.20 Affidavit .00 Surcharge 10.00 .00 C 5? `?-G (0 41.20 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 05/04/2006 WELTMAN WEINBERG REIS By: I ?/ j Deputy Sheriff Prothonotary r S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JILL L PERLICK Defendant No.06-2445 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR405105759 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JILL L PERLICK Defendant Civil Action No. 06-2445 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, Jill L. Perlick, in the amount of $17,841.99 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., JILL L PERLICK, ,. By: Defen t . ' , r I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 06-2445 CIVIL TERM JILL L PERLICK 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, Jill L. Perlick, above-named, in the amount of $17,841.99 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 $16,341.99 with continuing interest thereon at a rate of 6.000% per annum from date of judgment, plus attorneys' fees in the amount of $1,500.00 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, Jill L. Perlick, in the amount of $16,341.99 plus continuing interest thereon at the rate of 6.000% per annum from date of judgment, plus attorneys' fees in the amount of $1,500.00 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) $10,705.19 due by July 27, 2006; (b) $325.00 due by August 27, 2006; , . „ • 1 M (c) no less than $325.00 per month due on the 27"' 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 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 , 20. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James . Warmbrodt, Esquire PA 1. D. 4 524 WELT , WEINBERG & REIS CO., I.-P.A. 2718 o pers Building 436 e nth Avenue Pitt rgh, PA 15219 (41 434-7955 WWR#05105759 By: Y. ".4- N-1-242 C i) T U I L, >,?I. k J? QN0 (tea 0 0 F C 1, v- ', ? 7R s, r i - -s t..) C`5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JILL L PERLICK Defendant No. 06-2445-CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA. I.D.#42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5105759 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 06-2445-CIVIL TERM JILL L PERLICK 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. WELTMAN, WEINBERG & REIS CO., L.P.A. Sworn to and subscrioed before me this day of AUG ST, 2008 NO RY PU By: C-N 1 James C. a brodt, Esquire PA. I. D.#4 52 WELTM W INBERG & REIS CO., L.P.A. 1400 Ko per Building 436 Se ent Avenue Pittsb gh A 15219 (412) 3 -7955 #5105759 COMMONWEAt_-E! 1"ENNSYUVP1.P ;q Notarr,?i seal Wayne A, Jones x,iotary public City Of Pittsburgh, k0gheny County My Commi slan Lx Liras June 29,20-10 Member, i'enriay .u _tion of Noz cries ? na Q r? cxa G? SZJ CA) ? rn Tlfi1 ..D j 2z - ?