HomeMy WebLinkAbout07-0570
,I
STOCK & GRIMES, LLP
BY-
I.D ' PDWARD STOCK, ESQUIRE
' 13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK, ISSUER OF DISCOVER
CARD, BY ITS AGENT DISCOVER
FINANCIAL SERVICES, LLC
P.O. Box 6011
Dover, DE 19903-6011
VS.
CAROL L. FREDERICK
460 Brook Circle
Mechanicsburg, PA.17050-4.618
CIVIL ACTION
"NOTICE"
"You have been sued in court. If you wish
to'defend against the claims set forth in the fol-
lowing pages, you must take action within twenty
(20) days after this complaint and notice are
served, by entering a written appdarance person-
ally or by 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
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND C0 U N T Y
CIVIL ACTION-LAW
No.
07 - S'Y2S ?c? ? C. [fit
"AVISO"
"Le han demandado a usted en la torte. Si
usted quiere defenderse de estas demandas ex-
puestas en las.pAginas siguientes, usted.tiene
veinte (20) dias de plazo al partir de la fecha de
la demanda y la notificaci6n. Hace falta asentar
una comparencia escrita o en persona o con un
abogado y entregar a la torte en forma escrita
su.s defenses o sus objeciones a las demandas
en contra de su persona. Sea 'avisado que si
usted no se defiende, la Corte tomara medidas
y puede continuar la demanda en contra suya sin
previo aviso o notificaci6n. Ademas, la torte
puede decidir a favor del demandante y requiere
que usted cumpla con todas las provisiones de
esta demanda. Usted puede perder dinero o sus
propiedades u otros derechos importantes para
usted."
HAVE A LAWYER OR CANNOT AFFORD ONE, "LLEVE ESTA DEMANDA A UN ABO-
GO TO OR TELEPHONE THE OFFICE SET GADO INMEDIATAMENTE. Si NO TIENE ABO-
FORTH BELOW TO FIND OUT WHERE YOU GADO 0 SI NO TIENE EL DINERO SUFICIENTE
CAN GET LEGAL HELP. DE PAGAR TAL SERVICIO, VAYA EN PER-
SONA 0 LLAME FOR TELEFONO A LA OFI-
CINA CUY A DIRECCION SE ENCUENTRA
ESCRITA ABAJO ARA AVERIGUAR DONDE
SE PUEDE COHSE )IR ASISTENCI LEGAL.
LAWYER REFER?NCE SERVICES
Court zdninistrator -- Cunberland county Courthouse
4th Floor, one courthouse Square
Carlisle, PA 17013
(717) 240-6200
STOCK & GRIMES, LLP
BY: EDWARD STOCK, ESQUIRE
I.D. #13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER
DISCOVER
DISCOVER
LLC
P.O. Box
Dover, D]
BANK, ISSUER OF
CARD, BY ITS AGENT
FINANCIAL SERVICES,
6011
19903-6011
Plaintiff
VS.
CAROL L. FREDERICK
460 Brook Circle
Mechanicsburg, PA 17050-4618
Defendant
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. G, % - 5-;7,0 04,? 7_ue ?
CIVIL ACTION
COMPLAINT IN ASSUMPSIT
1. Plaintiff, Discover Bank, issuer of Discover
Card, by its agent Discover Financial Services, LLC.,
is a duly organized banking institution under the laws
of the State of Delaware and has a principal place of
business at the address contained in the above caption.
2. Defendant(s), CAROL L. FREDERICK, is an adult
individual and resides at the address contained in the
above caption.
3. After application by the Defendant(s) to the
Plaintiff for a credit card account, which application
was approved by the Plaintiff, the Plaintiff issued a
credit card to the Defendant(s) so that the
Defendant(s) could make purchases from merchants, on
credit, who had established a business relationship
with the Plaintiff in regard to the same.
4. Thereafter, the Defendant(s) utilized the said
credit card on various and sundry occasions.
5. Plaintiff attaches hereto as Exhibit "A" to
this Complaint, a true and correct copy of the last
monthly statement in regard to the activities in
connection with the Defendant's account and also
attaches hereto as Exhibit "B" to this Complaint, an
Affidavit from the Plaintiff attesting to the present
balance due the Plaintiff from the Defendant(s) in
regard to the said account.
6. Notwithstanding repeated requests and demands
of the Plaintiff upon the Defendant(s) to satisfy the
outstanding indebtedness in the sum of $7,235.83, the
Defendant(s) has/have and still refuse(s) to pay the
same.
7. As a result thereof, Plaintiff has been forced
to incur reasonable attorney collection fees in the sum
of $1,808.96, in an attempt to legally enforce
collection of the debt due it from the Defendant(s),
which reasonable attorney fees are the responsibility
of the Defendant(s) to pay in accordance with the
Cardmember Agreement.
8. Plaintiff's investigation has determined that
the Defendant is not in the military service.
9. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
WHEREFORE, Plaintiff, Discover Bank, issuer of
Discover Card, by its agent Discover Financial
Services, LLC, demands Judgment against the
Defendant(s), CAROL L. FREDERICK, in the sum of
$9,044.79, with interest and costs.
DATE:
EDWARD OCK,
VERIFICATION
The undersigned, EDWARD STOCK, ESQUIRE, hereby states that he is
the attorney for the Plaintiff who is located outside this jurisdiction and in order to
file the within document in an expedient and timely manner, he is authorized to
take this Verification on behalf of the said Plaintiff in the within action and
verifies that the statements made in the foregoing Complaint are true and correct
to the best of his knowledge, information and belief, based upon information
provided to him by the Plaintiff.
A Verification signed by the plaintiff will be provided to Defendant or
counsel for Defendant upon request.
The undersigned understands that false statements herein are made subject to
the penalties of 18 P.A.C.S.A. § 4904, relating to unswom falsification to
authorities.
EDW ,
Now Ba
DISCOVER $7,235. once
CARD
08 SDSN6A01 0004688
CAROL FREDERICK
460 BROOK CIR
MECHANICSBURG PA 17050-4618
Consolidate bills quickly and securely
with a Balance Transfer to your Discover
Card - Call 1-877-353-0989 or visit
Discovercard.com/balancetransfer TODAY!
PO BOX 15251
WILMINGTON DE 19886-5251
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.
000006011002300348331072358300000000723583
Discover Gold Card Account Summary
Closing Date: November 8, 2006 page 1 of 1
'Account Number 6011 0023 0034 8331 Previous Balance $7,235.83
Payment Due Date December 7, 2006 Payments And Credits 0.00
Minimum Payment Due $7,235.83 Purchases + 0
00
Credit Limit $6,300.00 Cash Advances .
+ 0
00
Credit Available $-935.00 Balance Transfers .
+ 0.00
,Cash Credit Limit $0.00 Finance Charges + 0.00
Cash Credit Available $0.00 New Balance = $7,235.83
Cashback Bonus® Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus Earned + 0.00
Cashback Bonus Balance $ 0.00
Cashback Bonuse Anniversary Available to Redeem $ 0.00
Date: February 8
How Can We Help You? For Account Inquiries, write to us at.
Please have your Discover Card avalablo. Discover Gold Card, PO Box 30943
Salt Lake City, UT 84130
Manage your account online at Discovercard.com TDD (Telecommunications Device for the Deaf):
Customer Service: 1-800-DISCOVER (1-800-347-2683) For assistance, see reverse side.
Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence.
'Information For You
'Cut back on mailbox clutter) Sign up for Paperless Statements and simplify the way you manage your account. We'll send
you an e-mail as soon as your statement is available online. And, while you're at Discovercard.com, you can pay your bill
quickly and easily. Sign up at Discovercard.com/ps
Exhibit "A"
Through the generosity of our Cardmembers, Discover(R) Card has donated more than $15 million to the Make-A-Wish
Foundation(R). You can make a child's dream come true by electing to donate your Cashback Bonus(R) to the
Make-A-Wish Foundation. To learn how, please visit Discovercard.com or visit Wish.org
;Finance Charge Summary
Average
Daily Nominal
ANNUAL
ANNUAL
Periodic Transaction
Fee
Daily
Balances Periodic
R
t PERCENTAGE
RATES PERCENTAGE FINANCE FINANCE
a
es RATES CHARGES CHARGES
,current billing period: 31 days
Purchases $0 0.05477% 19.99% V 19.99% $0 none
Cash Advances $0 0.05751% 20 993. F 9n ooh to to
I
Minimum Payment Due Account Number 601 1 0023 0034 8331
$7,235.83 Enter Amount Enclosed Below
Payment Due Date
DUE IMMEDIATELY
ATTORNEY: STOCK
ACCOUNT NUMBER: 6011002300348331
BALANCE: $7235.83
CARDMEMBER (S): CAROL L FREDERICK
STATE OF OHIO
COUNTY OF FRANKLIN
Nicole Rose, personally appeared before me, this day and after being duly sworn, according to
law, upon his/her oath and says:
I am a Legal Placement Account Manager for DISCOVER FINANCIAL SERVICES LLC.,
the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Bank.
THAT this affidavit is made on the basis of my personal knowledge and in support of Plaintiff's
suit on account against the Debtor(s)
THAT, in my capacity as Legal Placement Account Manager, I have control over and access to
records regarding the Discover Card Account of the above referenced Debtor(s), further, that I
have personally inspected said Account and statements regarding the balance due on said account.
DISCOVER FINANCIAL SERVICES, LLC. maintains these records in the ordinary course of
business.
THAT the annexed statement of account is a true and correct statement of what is now due and
owing Discover Bank on the account, and exhibit A is a copy of the Cardmember Agreement
between Discover Bank and the above referenced Debtor(s). The Cardmember Agreement
governs the terms and conditions of the relationship between Discover Bank and the Debtor(s) in
connection with the account.
Based on my review of the account records, to the best of my knowledge and belief the above
referenced Debtor(s) is not engaged in the military service of the United States and is a resident
of the State and of the Country in which this action has been filed.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge. 0'-V1
Affiant
Sworn and Subscribed before me,
This day of Tuesday, December 12, 2006.
NO ARY?
Exhibit
JANICE M. DORR
Notary Pubric, State of Ohio
My C= Won E)pres
May V.2009
Request for Military Status
Department of Defense Manpower Data Center
Aa?, Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Pagel of 2
JAN-25-2007 10:23:08
Last Name First/Middle Begin Date Active Duty Status Service/Agency
FREDERICK CAROL L 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.
012
Mary M. Snavely-Dixon, 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 Defense strongly supports the enforcement of the Servicemembers Civil Relief Act
[50 USCS Appx. #167;#167; 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: http://www.defenselink.mil/faq/pis/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 1/25/2007
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-00570 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
FREDERICK CAROL L
GERALD WORTHINGTON
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - ASSUMPSIT was served upon
FREDERICK CAROL L the
DEFENDANT , at 1928:00 HOURS, on the 7th day of February , 2007
at 460 BROOK CIRCLE
MECHANICSBURG, PA 17050-4618 by handing to
CAROL L FREDERICK
a true and attested copy of COMPLAINT - ASSUMPSIT together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
a 14014
Sworn and Subscibed to
before me this
of
day
18.00
10.56
.00
10.00
.00
X38.56
So Answers:
R. Thomas Kline
02/08/2007
STOCK & GRIMES
By.
Deputy Sh iff
A. D.
STOCK & GRIMES, LLP
BY: Edward Stock, Esquire
I.D.#13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER
DISCOVER
DISCOVER
LLC
P.O. Box
Dover, D
BANK, ISSUER OF
CARD BY ITS AGENT
FINANCIAL SERVICES,
6011
19903-6011
Plaintiff
VS.
CAROL L. FREDERICK
460 Brook Circle
Mechanicsburg, PA 17050-4618
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 07-570 Civil Term
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Enter Judgment by Default in favor of the
Plaintiff, Discover Bank, issuer of Discover Card by
its agent Discover Financial Services, LLC, and against
the Defendant(s), Carol L. Frederick, for failure to
Answer the Civil Action Complaint. Assess Plaintiff's
damages in the sum of $9,044.79 in accordance with the
prayer of the Complaint.
DATE:
ESQUIRE
AFFIDAVIT OF NON MILITARY SERVICE
Francis X. Grimes, Esquire, being duly sworn according to law, deposes and says:
(a) That the Defendant(s) is/are not in the Military or Naval Service of the United States
or its Allies, or otherwise within the provisions of the Soldiers' and Sailurs' Civil Relief Act of
Congress of 1940 as amended;
(b) That Defendant, Carol L. Frederick, is an adult individual and resides at 460 Brook
Circle, Mechanicsburg, PA 17050-4618.
(c) That Defendant, , is an adult individual and resides at
Affiant his ascertained the foregoing information by personal investigation and makes this
Affidavit in due authority; and he understands that the statements herein are made subject to the
penalties of 18 P?.- C.S. Sec. 4904, relating to unsworn falsification to authorities.
DISCOVER BANK, ISSUER OF COURT OF COMMON PLEAS
DISCOVER CARD BY ITS AGENT CUMBERLAND COUNTY
DISCOVER FINANCIAL SERVICES, CIVIL ACTION-LAW
LLC
Plaintiff NO. 07-570 Civil Term
VS.
CAROL L. FREDERICK
Defendant(s)
CERTIFICATION UNDER PA. R.C.P. 237.1
FRANCIS X. GRIMES, ESQUIRE, Attorney for
Plaintiff, Discover Bank, issuer of Discover Card by
its agent Discover Financial Services, LLC, certifies
that he sent a copy of the attached Notice on March 5,
2007 by regular mail, to the Defendant(s) at the
address at which the Defendant(s) was/were served with
a copy of the Complaint by the Office of the Sheriff
indicated by the court records.
DATE:
6ES, ESQUIRE
laintiff
DISCOVER BANK, ISSUER OF DISCOVER CARD
BY ITS AGENT DISCOVER FINANCIAL
SERVICES, LLC
Plaintiff
VS.
CAROL L. FREDERICK
Defendant(s)
TO: Carol L. Frederick
460 Brook Circle
Mechanicsburg, PA 17050-4618
Date: March 5, 2007
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 07-570 Civil Term
IMPORTANT NOTICE
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 (10) 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 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 REFERENCE SERVICES
COURT ADMINISTRATOR - CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR, ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
EDWARD STOCK, ESQUIRE
Attorney for Plaintiff
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
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STOCK & GRIMES, LLP Attorney for Plaintiff
BY: Francis X. Grimes, Esquire
I.D.#62404
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK, ISSUER OF COURT OF COMMON PLEAS
DISCOVER CARD, BY ITS AGENT CUMBERLAND COUNTY
DISCOVER FINANCIAL SERVICES, CIVIL ACTION-LAW
LLC
Plaintiff NO. 07-570 Civil Term
VS.
CAROL L. FREDERICK
460 Brook Circle
Mechanicsburg, PA 17050-4618
Defendant(s)
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Kindly mark the Judgment entered in egard to the
above captioned case satisfi d of reco d.
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DATE: D
IS X. RI S, SUUMI RE
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