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HomeMy WebLinkAbout07-4656 ~~ STOCK & GRIMES, LLP ~ BY: Edward Stock, Esquire `I I.D.# 13657 `~ 304 Nest Avenue.. ~I Jenkintown, PA 19046 ~j (215) 576-1900 DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT .DISCOVER FINANCIAL SERVICES, LLC COURT O F COMMON PLEA S P.O. Box 6011 ~~~ COUNTY Dover, DE 19903-6011 CIVIL ACTION-LAW Plaintiff Attorney for Plaintiff vs. ASHOK K. AGAI2WAL 519 Cobbler Court Mechanicsburg, PA 17050-8700 No. b~_'~~5(, C;v~t-tern, "NOTICE" Defendant(s) CIVII, ACI'IQ[~T "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 "AVISO" "Le ham 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 notification. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la Corte 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 O SI NO TIENE EL DINERO SUFICIENTE CAN GET LEGAL HELP. DE PAGAR TAL SERVICIO, VAYA EN PER- SONA 0 LLAME POR TELEFONO A LA OFI- CINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO qRA AVERIGIJAR DONDE LAV~'Ef2 ~ ~~ P~UEDE COHSE JIR ASISTENCI ~~ LEGAL. Court Administrator -- CuYtberland County Courthouse 4th Floor, One Courthouse Square ~ Carlisle, PA 17013 j (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 , Dl BANK, ISSUER OF CARD, BY ITS AGENT FINANCIAL SERVICES, 6011 19903-6011 Plaintiff vs. ASHOK K. AGARWAL 519 Cobbler Court Mechanicsburg, PA 17050-8700 Defendant (s ) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW 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), Ashok K. Agarwal, 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. The present outstanding balance which is due on the account(s) is $12,784.48; and, although repeated requests and demands have been made upon the Defendant(s) to satisfy the same in accordance with the terms and conditions of the credit card agreement(s), 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 $3,196.12 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), Ashok K. Agarwal, in the sum of $15,980.60, with interest and costs. .~-1-0 DATE. EDWAR E Q 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. f . ~+ ,,_-,~`, CCee New Balance ®~ ~ .Minimum Payment Due Account Number 6011 0056 4150 2904 J µ= Y LR $12,784.48 ~ $12,784.48 Enter Amount Enclosed Below CARC ~ Payment Due Date DUE IMMEDIATELY 08 SDSN8A01 0004668 ASHOK AGARWAL Manage your budget, track yourspendin g d id f 519 COBBLER CT an avo ees with FREE timely a-mail MECHANICSHURG PA 17050-8700 reminders. To find out more, visit Discovercard.com/reminders PO BOX 15251 ~~~nr~~nr~~nr~u~nr~r~~ WILMINGTON DE 19886-5251 Address, o-mail or telephone change2 Prinichange in space ~~~~~~ ~ ~ii~i~ii~r~~~i~r~~~i~r~r~i~~~riir~~r~~~rni~~~r~ii~ above, or go ro Discovercard.com. Print your o-mail a dross to ~ r ri receive important Account inFormation and special oFfars. 000006011005641502904127844800000001278448 Discover More Card Account Summary Closing Data: May 8, 2007 pose 1 of 1 Account Number 601 1 0056 4150 2904 Previous Balance 512 784.48 Payment Dua Dafe June 7, 2007 Paymenh And Credits , - p 00 Minimum Payment Due 512,784.48 Purchases . + 0 00 Credit limit 511,000.00 Cash Advances . + 0 00 Credit Available 50.00 Balance TransFers . + 0 00 Cash Credit Limit 50.00 Finance Charges . + 000 Cash Credit Avoilable 50.00 New Balance = 512,784.48 Cashback Bonus® Opening Coshback Bonus Balance S 0.00 New Cashback Bonus Earned + 0,00 Cashback Bonus Balance S 0.00 Cashback Bonuses Anniversary - - - - - - - - Available to- Redeem _ _ _ - O,QO _ --- -_$ Date: July 8 How Can We Help You? F« /lccounf Inquiries, wriMs to us ah Plsazs have your Diseowr Card avaiabk. Discovx Moro Card, PO Box 30943 Sah Laka Ciy, UT 84130 Manage your account anlits at Discowrcard.eom Customer Service: 1-800-DISCOVER (1-800.347-2683) Tpp (felscorrartunicalions Device for the DsafJ: For assistance, see reverse side. Transactions $0 Fraud Liabilfiy Guarantee use your Discover card with confidence. Information For You While we are permiMed under the Cardmember agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so of this time. We have terminated,. however, any introducrory or promotional rate an purchases and any special balance transfer rote, and applied the standard APR For purchases ro your outstanding balance of purchases and balance transFers. However, we reserve the right ro increase the APRs on your Account iF you foil ro pay the minimum payment due by the payment due date. See the DeFauh Rafe Plan section of the Cardmember ABreement For details. Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Doily Balances Periodic Rates PERCENTAGE RATES PERCENTAGE RATES FINANCE FINANCE C GES CHARGES Current billing period: 30 days Purchases SO 0.04929% 17.99% F 17.99% SO non Cash Advances $0 0.04929% 17.99% F 17.99% SO e SO previous billing period: 6 days Purchases 50 0.04929% 17.99% F 17.99% 50 none The rates that apply ro your Account are either Fixed (F) or they may vary (V) as noted above EXHIBIT t'A" ATTORNEY: STOCK ACCOUNT NUMBER: 6011005641502904 BALANCE: $12784.48 CARDMEMBER (S): ASHOK K AGARWAL STATE OF OHIO COUNTY OF FRANKLIN Robert Adkins, 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 DFS SERVICES LLC., the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Bank. THAT this affidavit is made on the basis of my perspnal 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. DFS 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. Affiant Sworn and Subscribed before me, This day of Tuesday, July 10, 2007. NOTARY ELIZABETH BOHAC Notary public, Slate of Ohio Nh- EXHIBIT "B" Request for Military Status Page 1 of 2 ' Department of Defense Manpower Data Center JUL-25-2007 10:25:44 Military Status Report Pursuant to the Servicemembers Civil Relief Act "~. Last Name First/Middle Begin Date Active Duty Status Service/Agency AGARWAL ASHOK 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. rt~r n. ,w.~,-ate.. 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, fi-iend, 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.miUfaq/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 7/25/2007 Request for Military Status Pa e 2 of ~ ~ " g by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BIFVWKOPSXA https://www.dmdc.osd.miUscra/owa/scra.prc_Select 7/25/2007 C") N ~ ~ ~ ` T J ^ T ' ~ a. ~, --i ~ ~ ~ ~7~ ~ Q , ~ ~ ~ r, ~ ~ i 3 ~ -t . D i1 W j rrr .. ~ <,f1 J '£'" "~ O SHERIFF'S RETURN - REGULAR CASE NO: 2007-04656 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS AGARWAL ASHOK K SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE AGARWAL ASHOK K was served upon the DEFENDANT at 1916:00 HOURS, on the 8th day of August 2007 at 519 COBBLER COURT MECHANICSBURG, PA 17050-8700 by handing to AMKUSH AGARWAL (ADULT IN CHARGE} a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.44 Postage .58 Surcharge 10.00 .00 ~,, P~y~/b~ 42.02 So Answers: .~k~ R. Thomas Kline 08/09/2007 STOCK & GRIMES Sworn and Subscibed to By: before me this day Deputy he i f of A.D. f ~ STOCK & GRIMES, LLP BY: Edward Stock, Esquire I.D.#13657 804 West Avenue Jenkintown, PA 1906 (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. ASHOK K. AGARWAL 519 Cobbler Court Mechanicsburg, PA 17050-8700 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. 07-4656 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), Ashok K. Agarwal, for failure to Answer the Civil Action Complaint. Assess Plaintiff's damages in the sum of $15,980.60 in accordance with the prayer of the Complaint. DATE: ~~ ~~/0 ~~ • 4 DISCOVER BANK, ISSUER OF COURT OF COMMON PLEAS DISCOVER CARD BY ITS AGENT CUMBERLAND COUNTY DISCOVER FINANCIAL SERVICES, CIVIL ACTION-LAW LLC Plaintiff NO. 07-4656 Civil Term vs. ASHOK K. AGARWAL 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 September 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. Q-~ ~-~ ~I DATE: EDWARD , Attorney for Plaintiff ., DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, LLC Plaintiff vs. ASHOK K. AGARWAL Defendant(s) TO: Ashok K. Agarwal 519 Cobbler Court Mechanicsburg, PA 17050-8700 Date: September 5, 2007 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 07-4656 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 IlViPORTANT 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 ~ • r LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICE COURT ADMINISTRATOR-CUMBERLAND. COUNTY COURTHOUSE 4TH FLOOR, ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 EDW Attorney for Plaintiff 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 ,rs z ~ ..r~ "'v ~: ~ # O cn ~: -- ~ . L © ~~ ~` ~~ ~ '' ~ :. 00 ~ ~