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HomeMy WebLinkAbout06-6388 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No, 6(. -1.3ff (];uil'T€A..i COMPLAINT IN CIVIL ACTION vs. WENDY G FRAKER 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 05492820 C A Pit WLG . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No WENDY G FRAKER 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 6500 NEW ALBANY ROAD NEW ALBANY , OH 43054 . 2. Defendant is adult individual(s) residing at the address listed below: WENDY G FRAKER 44 SUMMERFIELD DR CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002500312061 . 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 October 23, 2006 , in the amount of $7943.75 . 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, WENDY G FRAKER ,INDIVIDUALLY, in the amount of $7943.75 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. . Warmbrodt,42524 , WEINBERG & REIS CO., L.P.A. enth Avenue, Suite 2718 Pi tsb rgh, PA 15219 ( 12) 434-7955 F : 412-338-7130 54 2820 C A Pit WLG This law firm is a debt collector a empting to collect this debt for our client and any information obtained will be used for that purpose. DISCOVER' t-. new balance $7,943.75 account number 6011 0025 0031 2061 enter amount enclosed below minimum payment due $7,943.75 CARD ~ ..payment due date $1 1;-,/0._') PO) () I September 14, 2006 C.-" . 7, '. 1', " . Please make check payable to Discover Platmum ._;.i Card. Minimum payment due includes a past due amount of $1,612.00. Consolidate bills quickly and securely i}J with a Balance Transfer to your Discover Card - Call1-8n-353-o989 or visit Discovercard.com/balancetransfer TODA VI -. 15 SDSN6A01 0003501 WENDY FRAKER 44 SUMMERFIELD DR CARLISLE PA 17013-6931 Address, e-mail or telephone change? Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. PO BOX 15251 11I11I1111I11I11.1.11111111 WILMINGTON DE 19886-5251 1",111,1"1"1,1,,1,,11.,,1.111.1.1.1.11,,,11.1.1,,,,111,1,,1 000006011002500312061079437500000000794375 Discover Platinum Card Account Summary Closing Date: August 15, 2006 page 1 ,of 1 previous balance $7,943.75 account number 6011 00250031 2061 payments and credits 0.00 payment due date September 14, 2006 purchases + 0.00 minimum payment due $7,943.75 cash advances + 0.00 credit limit $5,000.00 0.00 credit available $0.00 balance transfers + cash credit limit $0.00 FINANCE CHARGES + 0.00 cash credit available $0.00 new balance = $7,943.75 EXHIBIT \ lfi I I Cashback BonusllB Opening Cashback Bonus Balance New Cashback Bonus Earned - - - - - ~ - - - $ 0.00 + 0.00 $ 0.00 $ 0.00 Cash back Bonus Balance Available to Redeem Cashback Bonus<li) Anniversary Date: January 15 Transactions Save time and a stamp this month by paying your bill online at Discovercard.com. Make a one-time payment or schedule payments in advance up to your due date, whenever it's most convenient for you. To find out about our free and flexible online payment features, visit Discovercard.com/payments Discover Financial Services is once again proud to support the Juvenile Diabetes Research Foundation's Walk to Cure Diabetes. Help us raise even more money to fund research for a cure by participating in the Walk or donating your ~a$hl:J{lckBonus(R)..tg ./t;JRF. .A cur!! i~ w!tl]in.!/3~ch. To learn more, visit Discovercard.com or www.jdrf.org Nominal ANNUAL Transaction Average Daily ANNUAL Periodic Fee Daily Penodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 31 days Purchases $0 0.06847% 24.99% F 24.99% $0 none Cash Advances $0 0.06847% 24.99% F 24.99% $0 $0 r- _ VERIFICA nON The undersigned does hereby verify subject to the penalties of 18 P AC.S. 94904 relating to unsworn falsifications to authorities, that he is Accounts Manager (Title) Robert Adkins, (Name) of Discover Financial Services, LLC., plaintiff herein, that (Company) he 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. ~4~ (SIgnature) WWR # 5492820 WENDY G FRAKER 6011002500312061 (J t ~ ~ g ~ ~ 7:J t ~ 1I1 ,f.I1 ~ D- ft! ::t::;) ~ ~ ("") /".) (~.:.. C:::1 .'~ = c...." o ., E~~ ~~ ::r: ~< nil1 ~ ~~~ ~r") 8 jj (:5 J r~ ( ~) :6 co ,< =~ --1- -.,reo_ ... ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No.: 06-6388 CIVIL TERM VS. PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT WENDY G FRAKER Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA LD. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05492820 vf!1/$79i16.7S " "".~ ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. : 06-6388 CIVIL TERM WENDY G FRAKER Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, WENDY G FRAKER, in the amount of$7943.75 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & RBIS CO., L.P.A., WENDY G FRAKER , BY~ xY. '1~ Defendant - f/ V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. : 06-6388 CIVIL TERM WENDY G FRAKER 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, WENDY G FRAKER, above-named, in the amount of $7943.75 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 $7943.75 with continuing interest thereon at a rate of6.00% per annum plus costs from DATE OF JUDGEMENT. 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, WENDY G FRAKER, in the amount of$7943.75 plus continuing interest thereon at the rate of 6.00% per annum from DATE OF JUDGEMENT and costs. 3. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $200.00 due every two weeks beginning November 10,2006; (b) $200.00 due on the lOth day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. .. ~J . 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 ofthe 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 thi'f- g day Of-1JJ1f.. 20 rfLt.. WELTMAN, WEINBERG & REIS CO., L.P.A. .~ ,,,,,," By:, '%nvJij ..0. . ^t. d -" JA -' Defendant, ENDY G FRAKER 0 ~ ~ 4 <;; ~ ~ 0 S>> ~ ~ --r-. "'P ....c ""'(1(<'" 'i ~_r:~i :;.c;. rt"r::: ~ . -~/ -oi'f' ~ \) v> :pt( 0 (~~] \) ~t", -0 - ~ .~~~. ~ ~ - t=P"' ~ ~ - c- -~, :z: .' ~ :2 (.J'I :::..c. ~ 0 . - cP tV \U' ~ ~ .... ~ -0 ~ ~ k ~ ". .". . .. . ~, .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. : 06-6388 CIVIL TERM WENDY G FRAKER 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 Abc ~ .30 ~ooC- ~ , (xx) Assumpsit Judgment in the amount of$7943.75 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 WENDY G FRAKER 44 SUMMERFIELD DR CARLISLE,PA 17013 BY:~~ PROTHONOT A Y (, ' q'Y) SHERIFF'S RETURN - REGULAR CASE NO: 2006-06388 P COMMONWE}\LTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK vs FRAKER WENDY G SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FRAKER WENDY G the DEFENDANT , at 1545:0q HOURS, on the 6th day of November, 2006 at 44 SUMMERFIELD DRIVE CARLISLE, PA 17013 by handing to WENDY FRAKER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: DocketinS:J Service Affidavit Surcharge So Answers: /2/C'/o~ Sworn and Subscibed to 18.00 4.40 .00 10.00 .00 32.40~ 11/07/2006 ~~ WELTMAN WEINBERG .r~~ R. Thomas Kline By: REIS before me this day ,-- of A.D.