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HomeMy WebLinkAbout07-4094I~ I ~ I !f STOCK & GRIMES LLP Attorney for Plaintiff EY: ARD STOCK, ESQUIRE , !` I'D' 13657 j 604 Nest Avenue ' Jenkintown, PA 19046 { 215) 576-1900 .~ DISCOVER BANK, ISSUER OF DISCOVER COURT 0 i~ C O i~1 N: O N P L E !i ~~~'~ COUNTY I CARD, BY ITS AGE~1'I' DISCOVER C I V I L A C T .:: O N- L A W FINANCIAL SERVICES, LLC j P.O, Box 6011 ~~ Dover, DE 19903-6011 i, vs. i ~ RODNEY SENIDER 4 Pipher Lane Mechanicsburg, PA 17050-6201 CIVIL ACTI'I~T ' `NOTICc" "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 p-aintiff. 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 "AVISO" "Le hen demandado a usied en la torte. Si usied quiere defenderse de estas demandas ex- puestas en las.paginas siguientes, usted.tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notification. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la torte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usied no se defiende, la Corte tomara medidas y puede continuer la demanda en contra suya sin previo aviso o notification. Ademas, la ~corte puede ciecidir a favor del demandante y requiere que usied cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usied." 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- 1=0RTH BELOW TO FIND OUT WHERE YOU GADO 0 Sf NO TIENE ELDiNERO SUFICIENTE CAN GET LEGAL HELP. DE PAGAR T.AL SERVICIO, VAYA EN PER- SOMA O LLAME POR TEL.EFONO A LA OFI- CINA CUY A DIRECCiON SE ENCUENTRA ESCRITA ABAJO 4RA AVERIGUAR DONDE SE PUEDE COHSE 11R ASISTENCI LEGAL. LAWYER SERVICES Court Administrator -- Cu~tiberland 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. RODNEY SEMDER 4 Pipher Lane Mechanicsburg, PA 17050-6201 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 0'7- y~~iy 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) RODNEY SEMDER, 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 $8,746.32, 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 $2,186.58, 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), RODNEY SEMDER, in the sum of $10,932.90, with interest and costs. ~ a~ o~ DATE: EDWARD ST , 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 tirhely 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 unsworn falsification to authorities. EDWARD STOCK, ESQUIRE c New Balance DI C i Minimum Payment Due i Account Number 6011 2986 1116 5238 v GR $8,746.32 J $8,746.32 Enter Amount Enclosed Below CARD Payment Due Date $ May 14, 2007 Please make check payable to Discover Platinum Card. Minimum payment due includes a past due amount of $1,763.00. 15 SDSN6A01 0008299 RODNEY SEMDER Save time and a stamp this month by paying 4 PIPHER LN your bill online. To find out about our free and flexible online payment features, visit MECHANICSBURG PA 17050-6201 Discovercard.com/pay PO BOX 15251 ~~~r~~~~~~i~~rJt~~~~~~~~~~~~ WILMINGTON DE 19886-5251 Address, email or telephone change$ Print change in space ~~~~~~~~~~~~~~I~~~~~~~~~~~~'~~~~~'~~~~~I~~~~I'~I~I~~~~'I'~I~~' above, or go to Discovercard.com. Print your email address to receive important Account information and special offers. 0000060112'8611165238087463200000000874632 ..` Discover More Card Account Summary Closing Date: April 15, 2007 page 1 of 1 Account Number "Payment Due Date Minimum Payment Due Credit Limit Credit Available Cash Credit Limit Cash Credit Available 6011 2986 1116 5238 May 14, 2007 $8,746.32 $8,900.00 $0.00 $0.00 $0.00 Previous Balance $8,746.32 Payments And Credits - 0.00 Purchases + 0.00 Cash Advances + 0.00 Balance Transfers + 0.00 fb~ance Charges + 0.00 New Balance $8,746.32 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Eamed + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary - - - - - - - - - - - -- - ....- _ . Avallable.to Redeem- . _ -. _ . _ - - - _ . $ _ - . . - -0.00_ .. . Date: March 15 How Can We Help You? For Account Inquiries, write b us at: Please have your Discover Card availabb. Discover More Card, PO Box 30943 Salt Lake City, UT 84130 Manage your account online at Discovsrcard.com TDD )Telecommunications Device for the Deafl: Customer Service: 1-800-DISCOVER (1-800-347-2683) For assistance, see reverse side. ',TranSClCtlonS $0 Fraud Liability Guarantee Use your Discover Cord with confidence. Information For You 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. Exhibit "A" Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 31 days Purchases $0 0.063670 23.2490 V 23.24% $0 none Cash Advances $0 0-069153b 25 2d~. V 25-2d% ~n to ATTORNEY: STOCK ACCOUNT NUMBER: 6011298611165238 BALANCE: $8746.32 CARDMEMBER (S): RODNEY L SEMDER STATE OF OHIO COUNTY OF FRANKLIN Renee Morgan, 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. Sworn and Subscribed b~fore me, This day of Tuesday, May 08, 2007. 6~~ OTARY Exhibit "B" cant ., ;~ ~< :* :c ''• .' `0: ~~:~•.= :: • n~~: JANICE M. DORR Notary Pubi'~, State of Ohio My Commission Exptes May 17, 2009 .Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUN-18-2007 08:01:23 { Last Name First/Middle Begin Date Active Duty Status Service/Agency SEMDER RODNEY 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. ~~ ~-~- 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] (SCR) (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 maybe 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 SCRApnints-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.miUscra/owa/scra.prc_Select 6/18/2007 7C~ ~' r~ l ~. •~ Z d I W Vi d J~ ~0 d d 7`' n ~_ `;-, ~= T. r ~': -F ti~ rv ~~~ <r~, c_.~. r~- c~ ~• ~':~ t..,l s -c? `_:~ r `~ ,--,; P l ~ ~ 1"7 ; 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, LLC P.O. Box 6011 Dover, DE 19903-6011 Plaintiff vs. RODNEY L. SEMDER 4 Pipher Lane Mechanicsburg, PA 17050-6201 Defendant (s ) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 07-4094 PR.AECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above ~~ "~ ~ a DATE: captioned case discontinued. 'f ~. EDWARD ~' ' , -- _N " ~ ~ t'~°i r ~ C ~~ "'CS~ r ~:... ~ ~ C ~ __ F ' ± ~ ~ 4 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-04094 P COMMONTWEALTH OF PENNSYLVANIA •COUNTY OF CUMBERLAND DISCOVER BANK ET AL VS SEMDER RODNEY 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 --- ---- - -------- b unable to locate Him in his bailiwick COMPLAINT - ASSUMPSIT , ut was He therefore returns the NOT FOUND as to the within named DEFENDANT SEMDER RODNEY 4 PIPHER LANE MECHANICSBURG, PA 17050-6201 DEFENDANT LIVES WITH MOTHER AT 613 E WALNUT STREET LEWISTOWN, PA 17044 PHONE 242-2497 OR 319-2163 Sheriff's Costs: Docketing 18.00 Service 9.60 Not Found 5.00 Surcharge 10.00 .00 f j Il.~ p"1 (~,,,, 4 2. 6 0 So answers • ,: - , ~,--'' .- "~ ,..- ~~.... R. Thomas line Sheriff of Cumberland County STOCK & GRIMES 07/16/2007 Sworn and Subscribed to before me this day of A.D.