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HomeMy WebLinkAbout07-4095;~ STOCK & GRIMES, LLP BY : ~,,~,iARD STOCK, ESQUIRE I'D' 13657 804 ;Test Avenue 3enkintown, PA 19046 (215) 576-1900 DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DISCOVER FINANCIAL SERVICES, T,T.('_ P.O. Box 6011 Dover, DE 19903-6011 vs TODD A. PERRY 5008 Greenwood Circle Ehola, PA 17025-1289 CIVIL ~CIZON "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 (20j 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 maybe 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 C0~~1M0;`~ PLr ~~S CUMBERLAND C O U tai T Y CIVIL ACT;:ON-L AW "AVIS©" "Le hen demandado a usted en la Corte. Si usted quiere defenderse de estas demandas ex- puestas en las.paginas siguientes, usted tiene veinte {20) dies de plazo al partir de la fecha de fa demanda y la notificacion. Hace fella asentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus 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 continuer la demanda en contra soya sin previo aviso o notificacion. Ademas, la Corte puede decidir a favor del demandante y requiere que usted cumpla con lodes las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare 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- t=ORTH BELOW TO FIND OUT WHERE YOU GADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PER- CAN GET LEGAL HELP. SONA 0 LLAME POR TE~EFONO A LA OFI- CINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO 4RA AVERIGUAR DONDE SE PUEDE COHSE 11R ASISTENCI LEGAL. T,AWYER SERVICES 'Dort ~ldninistrator -- Cu•nberland County Courthouse -t:th Floor, One Courthouse Square Carlisle, P~ 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. TODD A. PERRY 5008 Greenwood Circle Enola, PA 17025-1289 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO . O 7- 'yd gS- ~-c~v~ ~~, 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) TODD A. PERRY, 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 $8,000.15, 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 $2,000.04, 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. i 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), TODD A. PERRY, in the sum of $10,000.19, with interest and costs. .~~ -a~7 DATE: 7 VERIFICATION The undersigned, EDWARD STOCK, ESQUIRE hereby states that he is the attorney for the Plaintiff who is located outside this jurisdiction and in order to file the within document in an expedient and timely manner, he is authorized to take this Verification on behalf of the said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, based upon information provided to him by the Plaintiff. A Verification signed by the Plaintiff will be provided to Defendant or counsel for Defendant upon request. The undersigned understands that false statements herein are made subject to the penalties of 18 P.A.C.S..A. § 4904, relating to unsworn falsification to authorities. c~ EDWARD STOCK, ESQUIRE T DISC VER Sew Balance 8,000.15 CARD 15 SDSN6A01 0008279 TODD PERRY 5008 GREENWOOD CIR ENOLA PA 17025-1289 PO BOX 15251 ~~~"'~~"""~~'~'~"~"~~ WILMINGTON DE 19886-5251 Address, e-mail or telephone change$ Print change in space {ii~~~~~~~~r~~i~~~~ir~~~~r~~~r~~~~~~~i~~~~i~~i~i~~~ir~~~i~i~~ above, or go to Discovercard.com. Print your e-mail address to receive important Account inFormation and special ofFers. 000006011002760082339080001500000000800015 Discover More Card Account Summary Closing Date: April 15, 2007 page 1 of 1 Account Number 6011 0027 6008 2339 Previous Balance $8,000.15 Payment Due Date May 14, 2007 Payments And Credits - 0.00 Minimum Payment Due $8,000.15 Purchases + 0.00 Credit Limit $6,600.00 Cash Advances + 0.00 Credit Available $0.00 Balance TransFers + 0.00 Cash Credit Limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance = $8,000.15 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Anniversary Date: May 15 How Can We Help You? Fer ~CO11nt Inquiries, wrila t° us at: Discover More Card, PO Box 30943 Please have your Discover Card available. Salt Lake City, UT 84130 Manage your account online at Discovercard.com TDD (Telecommunications Device for the Deafl: 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 Through generous Cardmembers like you, Discover(R) Card has donated more than $15 million to the Make-A Wish (Foundation{R). Consider contributing your Cashback Bonus to the Make-A-Wish foundation to help make a child's dream come true. To Further your donation, Discover will add an additional 20%. Visit www.discovercard.com or vrww.wish.org Exhibit "A" ;Minimum Payment Due Account Number 6011 0027 6008 2339 - $8,000.15 J Below Enter Amount Enclosed ^_ Payment Due Date ~ ~_ May 14, 2007 Please make check payable to Discover Platinum Card. Minimum ~ay0mant due includes a past due amount of $5,66 00 Save time and a stamp this month by paying your bill online. To find out about our free and flexible online payment features, visit Discovercard.com/pay Cashback Bonus Balance $ 0.00 Available to Redeem $ 0.00 Finance Charge Summary Average Daily Balances Nominal Daily ANNUAL ANNUAL Periodic PERCENTAGE PERCENTAGE Rates RATES RATES Transaction Periodic fee FINANCE FINANCE CHARGES CHARGES current billing period: 31 days Purchases $0 Cash Advances $0 0.07737% 28.24% V 28.24% 0.07737% 28.249'° V 28.24% $0 none $0 $0 ATTORNEY: STOCK ACCOiJNT NUMBER: 6011002760082339 BALANCE: $8000.15 CARDMEMBER (S): TODD A PERRY 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. ~~ ffiant Sworn and Subscribed br{fore me, This day of Tuesday, May 08, 2007. NOTARY Exhibit "B" _~ .. ~~ _* :r `{~{{IIIf11~ , ~P~Y..p~e~-, ~- *= )` JANICE M. DORR Notary Public, State of Ohio My Commission Expires 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 JiJN-18-2007 07:50:22 *~ Last Name First/Middle Begin Date Active Duty Status Service/Agency PERRY TODD A 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] (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 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 SCRA points-of-contact. See: http~//www defenselink miUfa /q~is/PC09SLDR.html 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 ~ ~. ~ W C ~' V r00~ r d ~V 7 ~ ` J - ° ~._., ~ ~ ~ ~ ~ c-- = ' ' r n ~ _ ~ Cr, n O .:7 ~..~ - ~? °- - { ~Y ~'1 J .. ` <.. C.} SHERIFF'S RETURN - REGULAR CASE NO: 2007-04095 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK ET AL VS PERRY TODD A MEGAN HARLOW Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - ASSUMPSIT was served upon PERRY TODD A the DEFENDANT at 1744:00 HOURS, on the 12th day of July 2007 at 5008 GREENWOOD CIRCLE ENOLA, PA 17025-1289 KERRY PERRY, WIFE by handing to 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 f lI G~6~7 ~~„ / Sworn and Subscibed to before me this of So Answers: 18.0 0 11.5 2 , _: ~~ ~ ~ .00 ~ T ~ ". .~ T ~ 10.00 R. Thomas Kline .00 39.52 07/13/2007 STOCK & GRIMES ~-~~ day eputy Sheriff A.D. -~ { . Defendant (s ) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. 07-4095 Civil Term PRAECIPE FOR DEFAULT JUDGMENT 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 3 19903-6011 Plaintiff vs. TODD A: PERRY 5008 Greenwood Circle Enola,'PA 17025-1289 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), Todd A. Perry, for failure to Answer the Civil Action Complaint. Assess Plaintiff's damages in the sum of $10,000.19 in accordance with the prayer of the Complaint. DATE•~J~~/O~ .~ a ,• AFFIDAVIT OF NON MILITARY SERVICE Edward Stock, Esquire, being duly sworn according to law, deposes and says: (a) That the Defendant(s) isJaze not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; (b) That Defendant, Todd A. Perry, is an adult individual and resides at 5008 Greenwood Circle, Enola, PA 17025-1289. (c) That Defendant, , is an adult individual and resides at Affiant has ascertained the foregoing information by personal investigation and makes this Affidavit in due authority; and he understands that the statements herein aze made subject to the penalties of 18 Pa. C.S. Sec. 4904, relating to unsworn falsification to authorities. w- DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, LLC Plaintiff vs. TODD A. PERRY Defendant(s) TO: Todd A. Perry 5008 Greenwood Circle Enola, PA 17025-1289 Date: August 3, 2007 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 07-4095 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 OFY{ICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER w _• LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICES COURT ADMINISTRATOR -CUMBERLAND COUNTY COURTHOUSE 4~ 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 w • DISCOVER BANK, ISSUER OF COURT OF COMMON PLEAS DISCOVER CARD BY ITS AGENT CUMBERLAND COUNTY DISCOVER FINANCIAL SERVICES, CIVIL ACTION-LAW LLC Plaintiff NO. 07-4095 Civil Term vs. TODD A. PERRY Defendant (s ) CERTIFICATION UNDER PA. R.C.P. 237.1 EDWARD STOCK, 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 August 3, 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: Attorney for Plaintiff ..y,, c~ r-s r x~ -~ ~• * ~ '~ , ~ ~ _~ W ~-' c~ cv --w ~...