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Home My WebLink About07-5456~i 1tJ ,t STS & GR.IME.S, LLP SY: ARD STCX3C ~~ I.-~. 13657 ~ ~~ ;i 804 Nest Avenue ~' 3enkintown, PA 19046 (215) 576-1900 .y DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGEr•1T DISCX7VE[t ii FINANCIAL SERVICES, LLC ~~ P.O. Box 6011 Dover, DE 19903-6011 i '! vs. . PETER N. C~KAS 202 Cbnoaoguinet Avenue Camp Hill, PA 17011-4114 CIVII. ~ICN "NOTICE" _ . "You have been sued in court. It you wish to•defentl against the claims set forth in the fot- 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 PLE[s.S ~~~ COUiVTY CIVIL ACTION-LAW No . p?- ~y5la ~Ci~i t Tech "AVISO" "Le han demandado a usted en la corte. 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 notificacion. Hace 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 corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la •corte puede decidir a favor del demandante y requiere que usted cumpla con Codas 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 5ET 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 O LLAME POR TELEFONO A LA OFI- CINA CUY A OIRECCION SE ENCUENTRA ESCRITA ABAJO 4RA AVERIGUAR DONDE SE PUEDE COHSE 11R ASISTENCI~• LEGAL. LAWYER C~ SERVICES • Court ~dninistrator -- Cu•itberland County Courthouse 4th Floor, One Courthouse Square ~i Carlisle, PA 17013 ~ ! (717) 240-6200 Ei _ 3 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. PETER N. GEKAS 202 Conodoguinet Avenue Camp Hill, PA 17011-4114 Defendant (s ) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. CIVIL ACTION COMPLAINT IN A3$tTMP3IT 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), Peter N. Gekas, 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 $9,227.04; 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 $2,306.76 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), Peter N. Gekas, in the sum of $11,533.80, with interest and costs. DATE: 9J~~ VERIFICATION The undersigned, EDWARD STACK. 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. RRl!~~~/~++ pp~~ rvew eomnce rvrmimum Payment Vue , Account number ending in tl IOY 3J1.7`,'tiw~~E`,• $9,227.04 I $1,214.00 ' EnhrAmoJnf Enclosed Below CARD i Payment Dus DaM Aug°d 18' 2007 Please make check payable ro Dixowr Card. I Minimum payment due includes a past due amount of 1983.00. is sosN~aot ooo5o7e PETER GEKAS 202 CDNODOGUINET AVE CAMP HILL PA 17011-4114 Make a payment now w schedule one in advance. It's fast, easy, secure -and freel Visk us today at Dlacovercard.cortVpayments PO 10X 15251 {{{ur{{roar{{{r{u{{ur{ MILMINBTON DE 19886-5251 Address, o-mail or nrlephone charrgei Print chorrgs M ssppeacc ~ur~~~r{r~u{r~w~u~~ur~r~ur~r~r~r~uu~~r{r~uu{{{r~u~ above, w go ro Discowrcad.eom. Print your arrwN address ro n~ceiw imporhant Account information well special offers. 000006011002490158169092270400000000121400 Discover More Cord Account Summary dosing DaN:.lullr 19, 2007 page 1 of 2 P.ccount number finding in 8169 Payment Dw Dafo August 18, 2007 tllinimum Paymwd Due 51,214.00 CrodMUmif 57,900.00 C rodA Avalable 50.00 Crash Credit Limit 54,100.00 Cosh Crodif Avaibble 50.00 Provious Balance 58,933.72 Paymemis And Crodits 0.00 Purchases + 78.00 Cash Advances + 0.00 Balance Tronafers ~ + 0.00 Fiwrc~ drarges + 215.32 New Balance ~ 59,227.04 You may bs able ro avoid Periodic Firrance Charges, ale the rovers side fw defaib. C~1S~1bQCMC WINS' op.ning Caahbadc Bonw Balance S 18.39 New CasFrback Bonw Earned + 0.00 A~hvaik~hla r~lbdaam S 10.00 Cashbaek Banus~ SinceAnnivenary Dah - aF August 19: 57.05 7 iar Axerref , ureic b u: ak HOW Can N/e YoV • Dixowr Mon~Ca d, PO Bwc 30943 Pkroee IraM yarn Dieeerer Cwrd araidrls. Soi lake Cily, lJT 84130 ~1.mege y.ur eocewk ~ of Dicwwcard.esm TDD (Febwsmnmicdioes Davin for Ile Dom: Cuelrrrer Service: 1-800.DISCOVER ~l•804347--2683{ Fw aasiatarcs, see rovers sills. Transactions 8o Fraud Uability caanltts. Ua. your Diacova Card wRh confidence. Trews. Pest Dale Dols CMlrer/Mieoslrereew Jul 19 Jul 19 OVERUMIT FEE f 39.00 Jul 19 Jul 19 IATE FEE 39.00 nformclFtian or You While vve aro pamilhd under fire Cardmember Agreement to increase the APRs on your Acwunt because your payment was kale, we have chosen not ro do so of Ihis tirtre. We haw terminated, however, any introductory ar promaMond rah on purchases and ory special bakance hansbr rate, arKl applied Iles standard APR for purchases b your outstanding 6alanee of purcfrmes and 6akmce hansfers. However, we roaerve tlrs right b krcreow tM AFMta oryour Account if you Fail b pay the minimum paymerd due by the payment five doh. Sa fire DefauM Rah Plan section of die Cardmember Agroement for details. • • ATTENTICdv • • • Your account is seriously past due. Payment of 1M amount dos and arrangements for (ufuro paymenh ahouid bs made immediately. Soon we'U rro conger be printing your fuA account number on your statement. INa just arrolher way b keep yaw infwmaNon safe. But of cowse, iF fw any reason you need your hrtl account number, it'll still be right (hers on your card. Exhibit "A" ATTORNEY: STOCK ACCOUNT NUMBER: 6011002490158169 BALANCE: $9227.04 CARDMEMBER (S): PETER N GEKAS 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 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 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 Cazd 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 Cazdmember Agreement between Discover Bank and tie above referenced Debtor(s).. The Cazdmember 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 declaze under penalty of perjury that the knowledge. foreg ' g is true and c t to the best of my Affiant Sworn and Subscribed before me, This day of Wednesday, August 15, 2007. NO Y _~ .;, KRIS LAROSA ~ ~, zafa ~t ~,~,. . Request for Military Status Department of Defense Manpower Data Center Military Status Report • ,~" Pursuant to the Servicemembers Civil Relief Act https://www. dmdc. osd.miUscra/owa/scra.prc_Select SEP-10-2007 14:06:31 ~ Last Name First/Middle Begin Date Active Duty Status Service/Agency GEKAS PETER 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. rta~ ~ ,cr.s,_c~... 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 caze and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 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 aze 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.miUfag/pis/PC09SLDR.html 1 of 2 9/10/2007 5:13 PM -1 tr - ' ~ ~ ~ ~; r n ~ ~ ~~~ ~ :~_ caa -r SHERIFF'S RETURN - REGULAR CASE NO: 2007-05456 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK ETC VS GEKAS PETER N KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - ASSUMPSIT was served upon (;F.KA.4 PFTRR N the DEFENDANT at 1913:00 HOURS, on the 24th day of September, 2007 at 202 CONODOGUINET AVENUE CAMP HILL, PA 17011-4114 by handing to PETER GEKAS a true and attested copy of COMPLAINT - ASSUMPSIT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit ? Surcharge ~p~9~ a~cB Sworn and Subscibed to before me this of So Answers: 18.0 0 ~J~~ 13.44 .00 10.00 R. Thomas Kline .oo 41.44 09/26/2007 STOCK & GRIMES By: day A.D. Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. 07-5456 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 V5. PETER N. GEKAS 202 Conodoguinet Avenue Camp Hill, PA 17011-4114 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), Peter N, Gekas, for failure to Answer the Civil Action Complaint. Assess Plaintiff's damages in the sum of $11,533.80 in accordance with the prayer of the Complaint. DATE: / r ~ AFFIDAVIT OF NON MILITARY SERVICE. Edward Stock, 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 Sailors' Civil Relief Act of Congress of 1940 as amended; (b) That Defendant, Peter N. Gekas, is an adult individual and resides at 202 Conodoguinet Avenue, Camp Hill, PA 17011-4114. (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 are made subject to the penalties of 18 Pa. 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 vs. PETER N. GEKAS Defendant (s ) NO. 07-5456 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 October 16, 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: EDWA ESQUIRE Attorney for Plaintiff DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, LLC Plaintiff vs. PETER N. GEKAS Defendant(s) TO: Peter N. Gekas 202 Conodoguinet Avenue Camp Hill, PA 17011 Date: October 16, 2007 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 07-5456 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 FeEARING 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 SERVICE COURT ADMINISTRATOR -CUMBERLAND COUNTY COURTHOUSE 4Tg FLOOR, ONE COURTHOUSE SQUARE CARLISLE, PA 17 (717) 240-6 EDWARD STOCK, ESQUIRE Attorney for Plaintiff 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 ~ ~„ ~ ~ o ~~ ~F~ R, ;,, p ~ c~~ ~ ~ ~y„y ~, `~ -~~ ~,-~ ~ ~ ~~ ~ -c _ _ _._ ~,, ~. c.:~ _.: