Rose M. Geister v. Discover Bank ( 2015 )

September 22, 2015
Docket Number: 03-15-00471-CV
Trial Case Number: 14-0679-C
To: Jeffrey D. Kyle, Clerk
Court of Appeals
Third District of Texas
P.O. 12547
Austin, Tx. 78711
(512) 463-1733
www.txcourts.gov/3rdcoa.aspx
From: Rose M. Geister, Appellant
156 Granite Shoals Drive
Kyle, Tx. 78640
(512) 644-7221
rmg721@comcast.net
Dear Mr. Kyle;
I would like to have this proposed Rule 11 Settlement and
Agreed Judgment, which I have not, and will not, sign, entered
into my file as part of my record. As you can see, it was sent to
me about two weeks after I filed my Notice to Appeal the
Trial Court Judgment.
I will be bringing up in appeals court the fact that they want to
get as much money as they can from me. This paperwork proves it.
On the Rule 11 Settlement you could see that the account with
Discover/Zwicker has been settled with Freedom Debt Relief, of
whom I am a client. It was settled on July 31, 2015. Zwicker and
Associates was told by me, and Freedom Debt Relief, that it was to
SEP 2 3 2015
be settled by that date, and paid off completely by June 30, 2016.
THIRD COURT OF APPEALS,
\ JEFFREY D-KYLE /
If you look on the Agree to Judgment, you will see that are asking me
to pay$6535.19....$706.00 already was paid on August 1st, 2015. That
adds up to $7241.19, the amount of the original judgment. They also
added on to the original amount of $7241.19, another $367.90.
that brings the total that they have asked Freedom Debt Relief for
was $7609.09. Which is what they are collecting from Freedom.
They settled for 71.43% of $7609.09 which equals $5435.17.
They also want me to pay all court costs of the proceedings, of which
what the amount will be, I can only imagine.
Paul Swearingen, the lawyer from Zwicker for the trial court
proceedings, denied that he even knew what Freedom Debt Relief was.
He was saying, "What is that". "I don't know what that is".
I wonder why Troy Bolen, the lead lawyer at Zwicker, would send
someone to court to fight the case, who did even know what was going on.
He also said that he had a witness, but failed to produce that witness.
He just read words from a notebook, saying that is what the witness,
(from Discover Bank), said.
Freedom Debt Relief is my power of attorney where certain accounts
are concerned, including Discover Bank/Zwicker and Associates.
When I called Zwicker and Associates to tell them that I would NOT sign
the Rule 11 Settlement, and Agree to Judgment papers, I spoke with
Michael Pineda, their Litigation Assistant, he told me that if I did not sign,
then they would cancel the settlement. I told him that if you do that,
there would be a lawsuit against Zwicker and Discover Bank. I then
called Discover Bank, and spoke to Lacey, in their legal department.
The date was August 17,2015.1 made her aware, as she was not aware
yet, that the account had been settled. She spoke to a Zwicker &
Associates while I waited on the phone. I am not sure which Zwicker
that was, as there are many of them. She said yes it was settled, and
I gave her the breakdown of how it would be paid.
She also said, that Zwicker gets a judgment first, so in case I renege,
they would have something to fall back on, per se.
I believe that it is ridiculous to put an old person (70), who just had
chemotherapy and radiation therapy, for the first six months of this
year, for breast cancer through something as serious as this,
for 'JUST IN CASE SAKE' sake.
Thank you so much in advance for your time.
Respectfully submitted by,
Rose M. Geister
ZWICKER & ASSOCIATES, P.C.
ATTORNEYS AT LAW
OLD TOWN SQUARE 1 CHISHOLM TRAIL, SUITE 301
ROUND ROCK, TX 78681
ZATXATTORNEYS@ZWICKERPC.COM
Tel. 512-218-0488 Fax 512-218-0477
NY City Residents Only Call (877) 368-4531
THIS LAW FIRM
EMPLOYS ONE OR
MORE ATTORNEYS
ADMITTED TO
PRACTICE IN THE August 4, 2015
FOLLOWING STATES:
ALASKA HAYS COUNTY CLERK
712 S STAGECOACH TRLSUITE 2008
ARIZONA
SAN MARCOS, TX 78666
CALIFORNIA
COLORADO
CONNECTICUT
FLORIDA Re: DISCOVER BANK v. ROSE M. GEISTER
GEORGIA In the COUNTY Court AT LAW NO aZ HAYS County, Texas
Case Number: 14-0679-C
IDAHO
ILLINOIS Dear ROSE M. GEISTER
KENTUCKY
Enclosed, please find an original and one copy of the proposed Rule 11
MARYLAND
Settlement Agreement and an AgreedJudgment. Please sign the originalswhere
MASSACHUSETTS indicated and return in the enclosed self-addressed and stamped envelope.
Please keep the copy for your own records. Should you not return both
MICHIGAN
siened documents enclosed within 14 days of the date of this
MINNESOTA correspondence, litigation ofthis cause will continue
NEW JERSEY
Please do not hesitate to contact our office if you have any questions or
NEW HAMPSHIRE
concerns. Your assistance is greatly appreciated.
NEW YORK
NORTH CAROLINA Very truly yours,
OHIO
OREGON
PENNSYLVANIA
Litigation Assistant
ZWICKER & ASSOCIATES, P.C.
SOUTH CAROLINA
A Law Firm Engaged in Debt Collection
TENNESSEE
TEXAS
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
DISTRICT OF
COLUMBIA
NO. 14-0679-C
DISCOVER BANK, § IN THE COUNTY COURT
Plaintiff § x9
§ AT LAW NO <^C
v. §
§ HAYS COUNTY, TEXAS
ROSE M. GEISTER , §
Defendant(s) §
RULE 11 SETTLEMENT AGREEMENT
All parties to this lawsuit have agreed to settle on the following terms:
The parties will approve an Agreed Judgment in favor of Plaintiff for the full amount of
Plaintiffs claim, including the balance due on the debt and all court costs. The Agreed
Judgment will be filed with the court. So long as Defendant(s) complies with the terms of
this agreement, Plaintiff agrees not to abstract the Agreed Judgment or take any post-
judgment remedies. However, Plaintiff will consider the judgment satisfied after
Defendant(s) makes the payments on time described in paragraph two (2) below.
Defendant(s), ROSE M. GEISTER will return a signed original of this Rule 11 Settlement
Agreement with a signed original of the Agreed Judgment to Plaintiff at ZWICKER &
ASSOCIATES, P.C. OLD TOWN SQUARE 1 CHISHOLM TRAIL, SUITE 301
ROUND ROCK, TX 78681 along with the first payment described below, payable to
ZWICKER & ASSOCIATES, P.C, P.C. Trust Account, unless that first payment has
already been made. All checks and money orders for payments made after the first payment
shall be payable to ZWICKER & ASSOCIATES, P.C, P.C. Trust Account and sent to
ZWICKER & ASSOCIATES, P.C, P.C, 80 Minuteman Road, Andover, Massachusetts
01810. Defendant(s) agrees to make monthly payments as described below until the total
sum balance is paid in full. Defendant(s) will pay in the form of check or money order the
total sum of $5,435.00 of which $706.00 has been received up to date, as follows:
a. Starting on August 30, 2015 Defendant will make a monthly payment of $ 200.00
to be received by Plaintiff on or before the 30th of each month for 3 consecutive
month(s)
b. Starting on November 30,2015 Defendant will make a monthly payment of $ 516.00
to be received by Plaintiff on or before the 30th of each month for 7 consecutive
month(s)
c. Starting on June 30,2016 Defendant will make a payment of $ 517.00 to be received
by Plaintiff on or before the 30th of June, 2016.
Time is of the essence for all payments under this Agreement.
Plaintiffwill not take any action to recover attorney's fees or post-judgment interest unless
Defendant(s) fails to comply with the terms of the Rule 11 Agreement.
Plaintiff will file a copy of this Rule 11 Settlement Agreement and the Agreed Judgment
with the Court.
This Rule 11 Settlement Agreement constitutes the entire agreement of the parties for
settlement of the indebtedness which is the basis of this lawsuit, and supersedes all prior
negotiations and agreements. There are no oral agreements between the parties not set
forth herein.
This Rule 11 Settlement Agreement may be revised or modified only by a written
instrument signed by both parties, and it shall be binding upon and inure to the benefit of
Plaintiff and Defendant(s), and their respective heirs, administrators, representatives,
executors, successors and assigns.
This Rule 11 Settlement Agreement is made and entered into within the State of Texas and
shall, in all respects be construed, interpreted, enforced and governed by the laws of the
State of Texas.
The language of this Rule 11 Settlement Agreement shall, in all cases, be construed as a
whole, according to its fair meaning, and not strictly for, or against, any of the parties.
Should any provisions ofthis Rule 11 Settlement Agreement be declared, or be determined,
by any court to be unenforceable or invalid, the validity of the remaining parts, terms or
provisions of this Rule 11 Settlement Agreement shall not be affected and any
unenforceable or invalid part,term or provision should not be deemed as a partofthis Rule
11 Settlement Agreement.
10. Defendant(s) expressly represents that he enters into this Rule 11 Settlement Agreement of
his own free will and accord, and is not relying upon any representations by any
representative or attorney of Plaintiff. Defendant(s) has read this Rule 11 Settlement
Agreement and fully understands it. Defendant(s) further represents that the ramifications
and legal consequences of this Rule 11 Settlement Agreement have been explained to him
by attorneys ofhis own choosing (or he expressly waives the right and opportunity to obtain
such advice by counsel), and he executes it relying wholly upon his own judgment, belief
and knowledge of the nature, extent, effect, and duration of the claims and the liabilities
compromised and settled by this Rule 11 Settlement Agreement.
N. AGREED:
^ ROSE M. GEISTER
Date:
Defendant(s)
Date:
[ 1TROYD.BOLEN
I 1ELISE D.MANCHESTER
[ 1 LAURA L. BEDFORD
I 1 LESLIE L. SUN
Attorneys for Plaintiff
ZATXATTORNEYS@ZWICKERPC.COM
NO. 14-0679-C
DISCOVER BANK, § IN THE COUNTY COURT
Plaintiff §
§ AT LAW NO
v. §
§ HAYS COUNTY, TEXAS
ROSE M. GEISTER , §
Defendant(s) §
AGREED JUDGMENT
On this date came to be considered the above-styled and numbered cause. Plaintiff and
Defendant(s) appeared bytheir respective counsel. Both parties announced tothe Court that all matters
incontroversy had been compromised and settled, and requested and stipulated that the Court enter the
following Judgment. The Court heard the evidence and the arguments ofcounsel, and isofthe opinion
that judgment should be entered.
Accordingly, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that DISCOVER BANK
does have and recover of and from Defendant(s) ROSE M. GEISTER for the following:
1. A sum of $6,535.19 as the balance due, owing, and unpaid under the Agreement;
2. All costs of this proceeding; and
Plaintiff shall have all writs and other process necessary to enforce this Judgment. All
relief not expressly granted herein is denied. This Judgment finally disposes of all parties and all
claims, and is appealable.
SIGNED this day of , 20 .
JUDGE PRESIDING
AGREED AS TO FORM AND SUBSTANCE:
^ ROSE M. GEISTER
Defendant(s)
[ JTROYD.BOLEN
STATE BAR NUMBER 24006199
I J ELISED.MANCHESTER
STATE BAR NUMBER 24070566
[ J LAURA L. BEDFORD
STATE BAR NUMBER 24025246
[ 1 LESLIE L. SUN
STATE BAR NUMBER 24088490
OLD TOWN SQUARE
1 CHISHOLM TRAIL, SUITE 301
ROUND ROCK, TX 78681
ZATXATTORNEYS@ZWICKERPC.COM
Rose Geister
From: noreply@salesforce.com on behalf of Freedom Settlement [nharrop@freedomdebtrelief.com]
Sent: Wednesday, July 29, 2015 12:35 PM
To: rmg721 @comcast.net; rmg721 @comcast.net
Subject: ***SETTLEMENT FROM FREEDOM DEBT RELIEF***
Follow Up Flag: Follow up
Flag Status: Flagged
Categories: Red Category
freedom
DEBT RELIEF
Dear Rose Geister,
Congratulations, Freedom has successfully negotiated a settlement of one of your
creditor accounts. In order to process this settlement and facilitate the payment in
a timely manner, your authorization of this settlement is required.
You may authorize this settlement in one of the following ways:
• Please click the button below to approve your settlement.
:(•
Call 800-655-6303 to review and approve the settlement terms with an Agent
Log on to the Freedom Debt Reliefs Client Portal at www.Fdrclient.com with your
username and password and follow the on-screen prompts.
o You will need to register first if you have not already done so.
Settlement Detail:
The Creditor being paid: Zwicker & Associates
Original Creditor: Discover
The Account Number with that Creditor
Total Settlement Amount: $5,435.00
Total Current Balance $7,609.09
Settlement %
7/.f3 V'c
lo
71.43
This settlement and any associated fees are scheduled to be paid over the next 12 months.
SETTLEMENTS ARE TIME SENSITIVE, AND A DELAYED AUTHORIZATION MAY
JEOPARDIZE THE SETTLEMENT AGREEMENT THAT HAS BEEN NEGOTIATED
WITH THIS CREDITOR. If FDR does not receive your authorization, we will not be
able to process the payment to your creditor, which will cause you to lose the
settlement.
Please complete the authorization as soon as possible.
If the total amount of your settlement is to be paid in more than one installment, your
creditor may, from time to time, request or agree to adjust either the payment date or the
payment amount of any installment. By your execution, below, you are authorizing us to
accept a creditor request or agreement to the adjustment of either the payment date or the
payment amount of any installment, PROVIDED that under no circumstances will any such
adjustment increase the "Total Settlement Amount" set forth above.
Thank You,
Iliana Valenzuela
Again for your convenience you can click the button below to approve your
settlement.
Rose Geister
From: noreply@salesforce.com on behalf of Client Services [support@freedomdebtrelief.com]
Sent: Wednesday, July 29, 2015 1:31 PM
To: rmg721@comcast.net
Subject: Congratulations from Freedom Debt Relief
1(800)655-6303
freedom
DEBT RELIEF
Dear Rose:
Congratulations! Freedom Debt Relief has successfully negotiated a settlement on one
of the accounts in your Debt Reduction Program. Listed below is a summary of the
settlement terms obtained on your behalf.
Creditors Name:
Original Creditor: Discover
Date of Settlement: 07/31/2015
Current Balance: $7,609.09
Settlement Amount:
Amount Saved:
Settlement Percentage: % 7/.