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HomeMy WebLinkAbout06-38174 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK n/y r ?' yy? Plaintiff No: ©L VS. KIM MARIE STROHECKER COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. ?'56 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05236994 C A Pit KMJ o'? J; t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. KIM MARIE STROHECKER Defendant Civil Action No 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: KIM MARIE STROHECKER 328 N MOUNTAIN RD # 1724 NEWVILLE, PA 17241 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002080733850 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "All and made a part hereof. ;_ , C. 11 1 "1 ? 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of June 22, 2006 , in the amount of $6860.19 . 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 $1000.00 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 , KIM MARIE STROHECKER individually , in the amount of $6860.19 with interest at the legal rate of 6.000% per annum date of judgment plus attorneys, fees of $1000.00 , and costs. James WELTM 0 C' W 4Z23 pit (4 F armbrodt,42524 WEINBERG & REIS CO., L.P.A. v nth Avenue, Suite 2718 u gh, PA 15219 4-7955 2-338-7130 94 C A Pit KMJ 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. payment due date $ May 29, 2006 30 SDSN6A01 0005645 KIM STROHECKER 328 N MOUNTAIN RD i 17241 NEWVILLE PA 17241-9730 Consolidate bills quickly and securely with a Balance Transfer to your Discover Card - Call1-877-353.0989 or visit Discovercard.oom/balancetransfer TODAYI PO BOX 15251 WILMINGTON DE 19886-5251 Address,a-mail or telephone change? Print charge in space above, or 90 to Discovercerd.com. Print your e-mail address to receive important Account information and special o8ars. %l= 0000060110020807338500000000000000001 5200 Discover Platinum Card Account Summary account number payment due date minimum payment due credit limit credit available cash credit dmit cash credit available 6011 0020 8073 3850 May 29, 2006 $1,152.00 $6,000.00 $0.00 $3,000.00 $0.00 Closing Date: April 30, 2006 page 1 of 1 previous balance $6,860.19 payments and credits 6,860.19 purchases + 0.00 cash advances + 0.00 balance transfers + 0.00 FINANCE CHARGES ?- + 0.00 new balance = $0.00 EXHIBIT y /P V Cashback Bonus® Cashback Bonus® Anniversary Date: July 16 Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Available to Redeem $ 0.00 Transactions trans. post date date Payments and Credits Apr 30 Apr 30 INTERNAL CHARGE-OFF $ -6,860.19 -------------- ---------------------------------- - ------------------ ---- -- Nominal ANNUAL Transaction Average Daily ANNUAL Periodic Fee Dairy Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 14 days Purchases $0 0.04381% 15.99% F 15.99% $0 none Cash Advances $0 0.04381% 15.99% F 15.99% $0 $0 - - w...,......u........... 11.... --f-eiMmflvM IM, e,. MVVM IV) WnntPAt Ah.. r- -) :) r. c r. J d i CY "1 hL f` JUN 1 3 2006 VERIFICATION The undersigned does hereby verify subject tozthepenalties of 118`P/A^.C.S. §4904 relating to unsworn falsifications to authorities, that he/she iss/ (ll!'/? ???/? (Name) f'- -, - - NY,?LfPl? 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# 5236994 KIM MARIE STROHECKER 6011002080733850 `_y T 1 y - DL13 SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-03817 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS STROHECKER KIM MARIE R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STROHECKER KIM MARIE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT 328 N MOUNTAIN ROAD NEWVILLE, PA 17241 NOT FOUND , as to STROHECKER KIM MARIE PER POST OFFICE, DEFENDANT IS NOT KNOWN AT GIVEN ADDRESS. Sheriff's Costs: So answers: - Docketing 18.00 ,, m Service 8.80 Not Found 5.00 R. Thom __Kline Surcharge 10.00 Sheriff of Cumberland County Sworn and Subscribed to before me this day of WELTMAN WEINBERG REIS 07/10/2006 A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KIM MARIE STROHECKER Defendant No. 06-3817 CIVIL TERM MOTION FOR ALTERNATE SERVICE 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #05236994 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KIM MARIE STROHECKER Defendant No. 06-3817 CIVIL TERM PLAINTIFF'S MOTION FOR ALTERNATE SERVICE AND NOW, comes Plaintiff, by counsel, Weltman, Weinberg & Reis Co., L.P.A. and requests this Honorable Court to enter an Order allowing the Plaintiff to make service upon Defendant, KIM MARIE STROHECKER, by certified U.S. Mail and Certificate of Mailing, addressed to 328 N Mountain Rd # 1724, Newville,Pa 17241, averring in support thereof the following: 1. On or about JULY 5, 2006, Plaintiff filed a Complaint in Civil Action against Defendant to recover the unpaid balance due Plaintiff from Defendant in the amount of $6860.19. 2. When the Sheriff of CUMBERLAND County, Pennsylvania, attempted to make service of Plaintiff's Complaint on Defendant, the Sheriff was unable to do so, as evidenced by the Sheriff's return, a true and correct copy of which is attached hereto, marked Exhibit "I", and made a part hereof. 3. Upon receipt of the Sheriffs return of no service, Plaintiff conducted an investigation with the United States Postal Service to confirm the physical address of the Defendant. WWR #05236994 4. Pursuant to Plaintiff's request for information, the United States Postal Service confirmed Defendant's physical address of 328 N Mountain Rd # 1724, Newville,Pa 17241, a true and correct copy of Plaintiff's Postal Request is attached hereto, marked as Exhibit "2", and made a part hereof. 5. Plaintiff conducted an online white pages search and was unable to confirm a current address for Defendant of 328 N Mountain Rd # 1724, Newville,Pa 17241. 6. Plaintiff contacted the CUMBERLAND County Tax Assessment office, a representative from which confirmed the Defendant's current physical address as 328 N Mountain Rd # 1724, Newville,Pa 17241. 7. Plaintiff requested information from the Department of Motor Vehicles for Defendant and there are vehicles registered to Defendant at 328 N Mountain Rd # 1724, Newville,Pa 17241. A true and correct copy of the Motor Vehicle Abstract is attached hereto, marked as Exhibit "3", and made a part hereof. 8. Based upon the foregoing, Plaintiff believes and therefore avers that Defendant is attempting to avoid service of process in the above-captioned matter and Plaintiff therefore seeks an Order of Court, pursuant to Pennsylvania Rule of Civil Procedure 430, granting Plaintiff leave to serve its Complaint on Defendant by alternative means. WWR #05236994 WHEREFORE, Plaintiff requests this Honorable Court to enter an Order pursuant to PA.R.C.P. 430(a), authorizing the Plaintiff to serve Defendant by Certified U.S. Mail and Certificate of Mailing sent to an address (328 N Mountain Rd # 1724, Newville,Pa 17241) at which Defendant is presently receiving mail according to information obtained from the Post Office, or by allowing service by a competent adult. William T. Molcza , Es e PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #05236994 SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-03817 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS STROHECKER KIM MARIE R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STROHECKER KIM MARIE but was unable to locate Her in his bailiwick. He therefore returns the t lnART]T TTATT L TTPIT T t'V NOT FOUND , as to the within named DEFENDANT , STROHECKER KIM MARIE 328 N MOUNTAIN ROAD NEWVILLE, PA 17241 PER POST OFFICE, DEFENDANT IS NOT KNOWN AT GIVEN ADDRESS. Sheriff's Costs: So answers: Docketing 18.00 Service 8.80 -?? Not Found 5.00 R. Thom Kline Surcharge 10.00 Sheriff of Cumberland County .00 41.80 WELTMAN WEINBERG REIS 07/10/2006 Sworn and Subscribed to before me this day of A.D. WELTMAN, WEINBERG & REIS CO., L.P.A. WILLIAM T. MOLCZAN Attorney at Law 412.434.7955 Fax 412.434.7959 Ni molczatuir;welttnan.com ATTORNEYS AT LAW 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 412.434.7955 www.Weltman.com %fl OF INNOVATION GROWTH + RESULTS Eily 28, 2006 Postmaster NFWVII.LI;,P,A 17241 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Picase furnish the new address or iite name and street address (ifa boxhoider) for the i,Jloxving: Name: KIA-1 117AR1E ST'ROHECKER Address: 328 N MOUNTAIN RD # 1724 NEN VII.I.E.I'A 17241 BURLINGTON, NJ 609.914.0437 CHICAGO, IL 847.940.9812 CINCINNATI, OH 513.723.2200 CLEVELAND, OH 216.685.1000 COLUMBUS, OH 614.228.7272 DETROIT, MI 248.362 6100 PHILADELPHIA, PA 215.599.1500 NO I .h¢. name rnd last known address are required for change of address information. The name.. if known, and post office box address are rNk iced for boxholdcr info oration The folio»ing information is provided in accordance with 39 CFR 265.6(d)(6)(ii). I'here is no fez for providing boxholder intirrmation. The fee fir providing change or address information is mived in accordance with 39 C'FR 265.6(4)( I ) and (2) and corresponding Administrative Support Manual 352.44a and b. 1 . Capacity 01'reques1er: William T. Molezan, Esquire, Attorney for Plaintiff, DISCOVER BANK 2. Statute or regulation that empo\\ers me to sere process : N/A 3. I'lic names of all knol\n parties to the litigation: DISCOVER BANK vs. KIM MARIE STRORECKER 4. 'I'hc court in which the case has been or %%ill be heard: Court ot'Common Pleas of CUMBERLAND 5. The docket (r other identil, ing number i1 one has been issued: 06-3817 CIVIL TERM The capacitN. in tt hich this individual is to be served: Defendant WARNING TI IF SU11MISSION OF I:Al.51; INFORMATION TO OBTAIN .ANT) USE CHANGE OF ADDRESS INFORMATION OR BOXIIOl.,1)FR INFORMATION I'OR :\N 1' Pfi11POSk ()'It R T H THAN II IF SERVICF OF LEGAL PROCESS IN CONNEC"rION WITH ACTUAL OR PROSPECTIVE L11IGATION COULD RFS( I. I IN t- kIM:N,%I. PFNALTIF-S INCLUDIN(_i A FINE OF UP TO $ 10.000 OR IMPRISONMENT OF (2) TO AVOID PAYMENT OF THE FFF. FOR CHAN(i!i (* ADDRESS INFORMATION OF NOT MORE: TI IAN 5 YEARS, OR BOTH (TTLLI 18 U.S.C. SECTION 1001). I ce.rid'v that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Wa ? leA..I(ures -_--.-_-- FOR POST OFFIC H, 1 OXIfOI.I)I R'S i Oti,"[AIARK Nut kmmv;t at addre>s "ker.. ---?k'I?•? cd. le':'i n:> for??;tn.i ,tdi!rc;ti. No , wilt address Nu ::hdlg;: of addre,;s on file XXX PLEASE INDICATE: PHYSICAL ADDRESS NEW ADDRESS or NAME and S'I RFI "I' ADDRFS.S WELTF'IAN, WEINBERC; & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue e WW R#05236994 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 8/29/06 PAGE 1 276002 OWNER KIM M 8 CLINTON L STROHECKER 328 N MOUNTAIN RD NEWVILLE PA 17241 TITLE NUMBER : 57014414 TAG NUMBER : ENJ1842 VIN : 1G2NF52T71M645350 MAKE PONTIAC MODEL SE1 RENEWAL WID 060492600001860 001 PREVIOUS TAG LIENS YES STOPS NO 062410716000052 006 LESSEE : NONE TITLE DATE : 01/16/02 REGISTRATION EXPIRY DATE: 02/07 BODY TYPE SDN ODOMETER READING 21,718* *ACTUAL MILEAGE DUPLICATE TITLE COUNT 0 VEHICLE YEAR 2001 STOLEN DATE TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER NO. 1 NAME : MEMBERS 1ST FCU ADDRESS: 5000 LOUISE DRIVE MECHANICSBURG PA 17055 EXPIRATION DATE: 04/02/08 ABA NO : 23138224101 ELT IND: Y NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TOD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US 0523 (, Gq 4 CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion for Alternate Service was served on the day of (S? , 2006, by first class, U.S. Mail, postage-prepaid, addressed as follows: KIM MARIE STROHECKER 328 N Mountain Rd # 1724 Newville,Pa 17241 r?' ??' Attorney for Plaintiff WWR #05236994 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK NO. 06-3817 CIVIL TERM Plaintiff vs. KIM MARIE STROHECKER Defendant AFFIDAVIT PURSUANT TO PA R.C.P. 430 (a) BEFORE ME, a Notary Public, in and for the foregoing County and Commonwealth, personally appeared William T. Molczan, Esquire, of Weltman, Weinberg & Reis, Co., L.P.A., attorneys for Plaintiff, and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of Defendant named in the above-captioned matter. a. Plaintiff requested current address information from the United States Postal Service, which request for information confirmed the current address for Defendant as being 328 N Mountain Rd # 1724, Newville,Pa 17241. A true and correct copy of the Postal Service Return is marked Exhibit "2" attached hereto and made a part hereof. b. Plaintiff requested a vehicle search on the Defendant, which shows that the Defendant has a registered vehicle at 328 N Mountain Rd # 1724, Newville,Pa 17241. A true and correct copy is attached hereto and marked as Exhibit "3". WWR #05236994 Finally, Affiant deposes and says that after the foregoing investigation, the exact whereabouts of the Defendant, KIM MARIE STRORECKER, is 328 N Mountain Rd # 1724, Newville,Pa 17241. WELTMAN, WEINBERG & REIS, CO., L.P.A. William . Molczan, PA I.D. #47437 WELTMAN, WEINBE 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and subscribed before me this ZA day September, 06 I Not COMMQNWEAItddatiel05??.IJB... YLVAIVIA Wayne A. Jones. Notary Public c•VyofPnrshx ,Alegh "Ow* MY lion E)ires June 29, 2010 Member. Pennsylvania AssoddOn of Notaries & REIS CO., L.P.A. WWR #05236994 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. KIM MARIE STROHECKER No. 06-3817 CIVIL TERM ORDER OF COURT AND NOW, to-wit, this day of . 2006, upon consideration of the foregoing Motion for Service of the Complaint Pursuant to Special Order of Court and attached supporting affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil Action may be made on Defendant, KIM MARIE STROHECKER, by permitting the Plaintiff to mail a copy of the Complaint to the Defendant the last known address being 328 N Mountain Rd # 1724, Newville,Pa 17241 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. BY THE COURT: WWR #05236994 CI r'? a r = -TI a .. y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KIM MARIE STROHECKER Defendant No.: 06-3817 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT 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 WW/R#05236994 IM7-4ftV .(17600, ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action. No.: 06-3817 CIVIL TERM KIM MARIE STROHECKER Defendant KIM MARIE STROHECKER 328 N MOUNTAIN RD # 1724 NEWVILLE,PA 17241 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 u . ,271 1006 (xx) Assumpsit Judgment in the amount of $7860.19 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 By: 111& 1 _: .;_ t!! ...... - - 77 - 4,4 PROT ONOTA41 j ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KIM MARIE STRO14ECKER Defendant Civil Action No.: 06-3817 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, KIM MARIE STROHECKER, in the amount of $7860.19 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., KIM MARIE STROHECKER, By: Attc W IA By: Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No.: 06-3817 CIVIL TERM KIM MARIE STROHECKER 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, KIM MARIE STROHECKER, above- named, in the amount of $7860.19 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 $6860.19 with continuing interest thereon at a rate of 6.00% per annum from Date of Judgement, plus attorneys' fees in the amount of $1000.00 and costs. 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, KIM MARIE STROHECKER, in the amount of $6860.19 plus continuing interest thereon at the rate of 6.00% per annum from Date of Judgement, plus attorneys' fees in the amount of $1000.00 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) $291.00 due by NOVEMBER 15, 2006; (b) no less than $291.00 per month due on the 15`x' day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. A 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 princir:a.l 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 thisr day o 2046 . WELTMAN, WEINBERG & REIS CO., L.P.A. By: tW /r rV Jam s . Warmbrodt Paid # 5 Welt an, einberg & Reis Co. 271 Ko ers Bldg 43 Sev nth Avenue Pi sb gh, PA 15219 1 12) 434-7955 WWR#05236994 B Y• Defendant, KIM MARIE STROHECKER 1J r?-_? ?^? - -? t? c?_ ?= -? V ?i a?? ??(('?? ? y? i ?s . ?1 ? ? _ ???, ? ?:. __ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KIM MARIE STROHECKER Defendant No. 06-3817 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C WARMBRODT PA I. D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05236994 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 06-3817 CIVIL TERM KIM MARIE STROHECKER 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. By: JAMES C RMBRODT PA I . D #4 5 WELTM N, EINBERG & REIS CO., L.P.A. 2718 K per Building 436 S ent Avenue Pittsb rgh A 15219 (412 43 -7955 Sworn to and s before me this day of April, 08 WWR #05236994 COMMONWEALTH OF PENNSYLVANIA L Notarial Seal PU C Wayne A. Jones, Notary Public City Of Pittsburgh, Ailegheny County My Commission, Exnire!? June 28, 2010 Member. ?eitn:>y?v!:, snc+atian c,f Notaries _ w--i 5