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Home My WebLink About03-4110 STOCK & GRIMES, LLP BY: EOOARD STOCK, ESCUIRE LD.# 13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff DISCDVER BlINK, ISSUER OF DISCDVER CARD BY ITS AGENT DISCDVER FINANCIAL SERVICES, INC. P.O. Box 6011 Ibver, DE 19903-6011 Plaintiff COURT OF COMMON PLEAS ~ COUNTY CIVIL ACTION-LAW vs. NO. b3 - ~IIO Gu'll€i4"", : JAMES D. MAXWELL 129 Forest Drive Canp Hill, PA 17011 Defendant(s) CIVIL ACI'Irn "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 C.AN GET LEGAL HELP. "AVISO" "Le han demandado a usted en la corte usted quiars detenderse de estas demandas puestas en las paginas siguientes, usted ti... veinte (20) dlas de piaza al partir de la fecha de Ja demanda y la notificacion. Hacs falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita 5US defensas 0 5US objeciones alas demandas en contra de su persona. Sea avisado que si usted no sa defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de est a demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted." "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 rei ief requested by the plaintiff. You may lose money or property or other rights important to you. "LLEVE ESTA DEMANDA A UN ABO- GADO INMEDIATAMENTE. 81 NO TIENE ABO- GADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PER- SONA 0 LLAME POR TE.LEFONO A LA OFI- CINA CUY A OIRECCION SE ENCUENTRA ESCRITA ABAJO . ARA AVERIGUAR DONDE SE PUEDE CONSE IIR ASISTENCI' LEGAl-. LAWYER REFERENCE SERVICES Court Adninistrator cne Courthouse Square, 4th Floor 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 BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. P.O. Box 6011 Dover, DE 19903-6011 Plaintiff vs. JAMES D. MAXWELL 129 Forest Drive Camp Hill, PA 17011-8308 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY' CIVIL ACTION-LAW NO. 03-4//6 CI~~L y~ CIVIL ACTION COMPLAINT IN ASSUMPSIT 1. Plaintiff, Discover Bank, issuer of Discover Card, by its agent Discover Financial Services, Inc., 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), James D. Maxwell, 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 $9,119.62 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 $2,279.90 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. 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, Inc., demands Judgment against the Defendant(s), James D. Maxwell, in the sum of $11,399.52, with DATE: ~~;:3 VERIFICATION EDWARD STOCK, ESQUIRE, Attorney for Plaintiff herein, verifies that the statements made in this Pleading are true and correct and that he is authorized to make them on behalf of the Plaintiff. He understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Sec. 4904, relating to unsworn falsification to authorities. u:Ld) EDWA 'ST ~ ESQUIRE DISCeVER" CARD Platinum paym6nt due date May 29, 2003 minimum payment due $t,541.00 1",111,"11I"'11I11,"111,,1",11,11",1,,1""11I 05 SDPN6A01 0003441 JAMES MAXWEll 129 FOREST DR CAMP HIll PA 17011-8308 new balance $0.00 account number 6011 29881773 1346 enter amount enclosed b6Iow $1 Simplify and Savel Use your Discover Card to pay off high-rate balances today. You can save money and consolidate your debt Inlo one convenient payment. Call 1-866-240-7939 to see If a special Balance Transfer offer is avaHabtefor you. PO BOX 6000 11111I111111,11,1111I111111 DOVER DE 19903-6000 1,"111,1"1,1"11,""11,,11,,11,"11",11,"11,"11,,",1.11 Address or telephone change? Please print change in the space above, or go to Discovercard.com. 000006011298817731346000000000000000154100 Discover Platinum Card Account Summary account number payment due date minimum payment due credit limit credit available cash credit limit cash credit available 6011298817731346 May 29, 2003 $1,541,00 $7,500 $0 $3,750,00 $0,00 - Closing Date: April 30, 2003 page 1 of 2 previous balance payments and credits purchases cash advances balance transfers FINANCE CHARGES new balance $9,119.62 9,119.62 0.00 0.00 0.00 0.00 $0.00 + + + + = SPECIAL BALANCE TRANSFER RA TESI Save money and simplffy your life by consolldatin9 your debt. Caii 1-800.767-7339 today to see jf an offer is available for youl Transactions trans. post date date Payment. and Credits Apr 30 Apr 30 INTERNAL CHARGE-OFF $ -9,119.62 EXHIBIT "A" Average Daily n_'~____ Daily Periodic ,.,.,-- .1~D~L ANNUAL PERCENTAGE PERCENTAGE ....,-r-", Periodic FINANCE ...........-,-'" Transaction Fee 1:JN~!!g_ ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER (S): STOCK 6011298817731346 $9119.62 JAMES D MAXWELL STATE OF OHIO COUNTY OF FRANKLIN C. Ball, personally appeared before me, this day and after being duly sworn, according to law, upon hislher oath and says: . I am a Legal Placement Account Manager for DISCOVER FINANCIAL SERVICES INC., 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, INe. 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 peljury that the foregoing is true and correct to the best of my knowledge. ~ Affiant Sworn and Subscribed before me, This day of Wednesday, May 07, 2003. Q~~L Nl!TARY EXHIBIT "B" f.J~-'<t rr;.~ ~ ()- ~ ....... II V D~{r! ( :E? J::- (-- .. r,,;; ..< 9 SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-04110 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERI,AND DISCOVER BANK VS MAXWELL JAMES D 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 MAXWELL JAMES D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , MAXWELL JAMES D 129 FOREST DRIVE CAMP HILL, PA 17011 ABOVE ADDRESS IS LOCATED IN GREEN LANE FARMS, YORK COUNTY, PA. Sheriff's Costs: Docketing Service Surcharge Not Found Return So answer 18.00 .00 10.00 5.00 .00 33.00 '7 R. Thomas Kline Sheriff of Cumberland County STOCK & GRIMES 08/28/2003 Sworn and subscribed to before me this 344l. day of xEp:;:Ju-J .3 ;L{)() A.D. r] Q pr~ary nuluv , ~ STOCK & GRIMES, LLP BY: Edward Stock, Esquire I.D. #13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. P.O. Box 6011 Dover, DE 19903-6011 Plaintiff vs. JAMES D. MAXWELL 129 Forest Drive Camp Hill, PA 17011 Defendant(s) Attorney for plaintiff COURT OF COMMON PLEAS CUMBERI~D COUNTY CIVIL l\.CTION-LAW NO. 2003-04110 PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above captioned case di continued. DATE: ~~1~ . () <;::: -[7 ~-.:. fie, U~" :;>tr ~;.'..;-, C;) t.: -fj"'-~ <.>{-., ~(, . C' ?j W \.0 :;;g ~ [;: ,..... , - ~ fi? ~;;:o :aEn 59 :;:/0 ~:'5I1 6~ .'i>! CJi:J .... - '.