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Home My WebLink About06-6389 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: Q(a b?p/? ` ICS ?? C VS. COMPLAINT IN CIVIL ACTION BRADLEY J CLEMENTS 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 05492782 C A Pit WLG ,_ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No BRADLEY J CLEMENTS 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: BRADLEY J CLEMENTS 14 OTTO AVE CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002320257033 . 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 $3665.92 . 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 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 , BRADLEY J CLEMENTS INDIVIDUALLY , in the amount of $3665.92 with interest at the legal rate of 6.000o per annum from date of judgment plus attorneys' fees of $500.00 , and costs. Jamgs C. Warmbrodt,42524 WELfiMAN, WEINBERG & REIS CO., L.P.A. 436 Seve th Avenue, Suite 2718 Pittsbur h, PA 15219 (4`12) 4 4-7955 FAX: 4 2-338-7130 0;5492 82 C A Pit WLG This law firm is a debt collector att, pting to collect this debt for our client and any information obtained will be used for that purpose. new balance minimum payment due' k-EIZ $3,665.92 $3,665.92 payment due date DUE IMMEDIATELY 08 SDSN6A01 0003463 BRADLEY CLEMENTS 14 OTTO AVE CARLISLE PA 17013-3128 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. account number 6011 0023 2025 7033 enter amount enclosed below $ S `l?l 7 a- 1 Consolidate bills quickly and securely with a Balance Transfer to your Discover Card - Call 1-877-353-0989 or visit Discovercard.com/balancetransfer TODAYI PO BOX 15251 111111111111111111111111111 WILMINGTON DE 19886-5251 1111111111111111111111 1111111111111111111111113111111111111111 000006011002320257033036659200000000366592 Discover Card Account Summary Closing Date: August 8, 2006 page 1 of 1 previous balance $3,665.92 account number 6011 0023 2025 7033 payments and credits - 0.00 payment due date September 7, 2006 purchases + 0.00 minimum payment due $3,665.92 credit limit $2,500.00 cash advances + 0.00 credit available $-1,165.00 balance transfers + 0.00 cash credit limit $0.00 FINANCE CHARGES + 0.00 cash credit available $0.00 new balance = $3,665.92 EXHIBIT ---------- ------------ ----- ----------- -- ----------- ------ ---- -- Opening Cashback Bonus Balance $ 0.00 Cashback Bonus® New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Available to Redeem $ 0.00 Cashback Bonus® Anniversary Date: August 8 Transactions While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for details. Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Penodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 31 days Purchases $0 0.07737% 28.24% V 28.24% $0 none rlach Ativanrac atn n n77a7oi 9R 9Ao1- V OR 94% $0 $0 4 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is Robert Adkins (Name) Accounts Manager of Discover Financial Services LLC., plaintiff herein, that (Title) (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. U (Signature) WWR # 5492782 BRADLEY J CLEMENTS 6011002320257033 TO (J io9 b ? O CD { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. BRADLEY J CLEMENTS Defendant No.: 06-6389 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 WWR#05 V 7yr rj IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. BRADLEY J CLEMENTS Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, BRADLEY J CLEMENTS, in the amount of $3665.92 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Attorney Civil Action No.: 06-6389 CIVIL TERM BRADLEY J CLEMENTS , 1 By: -?6' 1 - ? Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No.: 06-6389 CIVIL TERM BRADLEY J CLEMENTS 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, BRADLEY J CLEMENTS, above- named, in the amount of $3665.92 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 $3665.92 with continuing interest thereon at a rate of 6.00% 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, BRADLEY J CLEMENTS, in the amount of $3665.92 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) $178.00 due by DECEMBER 2, 2006 (b) $178.00 due on the 2ND day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. 5. All payments are to be made payable to the order of "DISCOVER BANK" 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 beQ,7)? 20 Gf?' WELTMAN, WEINBERG & REIS CO., L.P.A. By: James PA I.Fpj WEL 2718 By: armbrodt, Esquire WEINBERG & REIS CO., L.P.A. Building Pitts gh, A 15219 (41 43 ,955 No. 05492782 J CLEMENTS r it. 1 b ? ?Cl Q ^Q O C F rz r r".3 c? ?w c -r} , 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No.: 06-6389 CIVIL TERM BRADLEY J CLEMENTS Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Ord or Judgment was entered against you on zoo' (xx) Assumpsit Judgment in the amount of $3665.92 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 ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary BRADLEY J CLEMENTS 14 OTTO AVE CARLISLE,PA 17013 By: ' PROTHONOTARY( SHERIFF'S RETURN - REGULAR CASE NO: 2006-06389 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS CLEMENTS BRADLEY J SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CST EMENTS BRADLEY J was served upon the DEFENDANT , at 1411:00 HOURS, on the 6th day of November , 2006 at 14 OTTO AVENUE CARLISLE, PA 17013 RUBY CLEMENTS, MOTHER by handing to 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: So Answers: Docketing 18.00 Service 13.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 41.20-? 11/07/2006 WELTMAN WE I NBERG RE I S Sworn and Subscibed to By: r before me this day Deputy Sheriff of A.D. V w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BRADLEY J CLEMENTS Defendant No. 06-6389-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#5492782 ti i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 06-6389-CIVIL TERM BRADLEY J CLEMENTS 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 sub i before me this ( day of Sep 2008 NOT RY C WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. Wa ft rodt, Esquire PA. I.D.#425 I 4 WELTMAN NBERG & REIS CO., L.P.A. 1400 Kopp rs uilding 436 Seve th venue Pittsburg , A 15219 (412) 43 - 955 WWR #5492782 COMMONWEALTH OF PENNSYLVANIA Notarial Seel Wendy L Gault, Notary Pubic CRY Of PRtsburgh, Aiegheny County My Cormfton Expires Judy 18, 2MO Member, Pennsytvanla Association of Notaries C .? 00 r l 3 : 1 W A CD 7s -