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HomeMy WebLinkAbout07-5457®///') f EY: ARD SMOCK, .ESQUIRE. I'D' 13657 804 ;rVest Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff DISCOVER BAN!{, ISSUER OF DISCOVER CARD, BY ITS AGEi~1T DISCWER FINANCIAL SERVICES, LLC P.O. Box 6011 Dower, DE 19903-6011 vs. STACEY M. OM~AIS,E'Y 78 Carlisle Road Newville, PA 17241-9415 ~I . CN.LL AC.~IQd "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 relief requested by the plaintiff. You may lose money or property or other rights important. to you. COURT O COMMON PLE[~S ~~~ COUNTY .CIVIL ACTION-LAW N 0 . 01- 5~f5'j C iV11 ~TerwN ' "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 notiticacion. 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 todas jas provisiones de esta demanda. Usted puede perder dinero o sus propledades u: otros derechos importantes pars 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 S1 NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PER- CAN GET LEGAL HELP. "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT SONA 0 LLAME POR TELEFONO A LA OFI- CINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO 4RA AVERIGUAR DONDE SE PUEDE COfVSE 11R ASISTENCI ~• LEGAL. L~IWYER SERVICES Court ~d•ninistrator -- Cu~ttberland County Courthouse 4th Floor, One Courthouse Square Carlisle, P~ 17013 ; (717) 240-6200 - ' i 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. STAGY M. OMALLEY 78 Carlisle Road Newville, PA 17241-9415 Defendant (s ) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No . O '~- SYS7 ~.c~ ~J,r.»- CIVIL ACTION COMPLAINT IN ASSIIMP3IT 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), Stacy M. Omalley, 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 $9,257.32; 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 $2,314.33 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), Stacy M. Omalley, in the sum of $11,571.65, with interest DATE : -f ~ ~ ~ Q~ VERIFICATION The undersigned, EDWARD STOCK. ESQUIRE. hereby states that he is the attorney for the Plaintiffwho 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. ED New balance Minimum Payment lwe ~ Account Number Ol/ r 1 WLO 4L4D ai07 ' DISCOVER 50.00 l 51,636.00 - Enter Amount Enclosed Below CARD payment Due Dafe May 29, 2007 3D SDSN6A01 0003395 Paperless Statements areagreat way,b STACY OMALLEY keep track of your Drscover®Card actlviry, 78 CARLISLE RD and allow you to control when and where NEWVILLE PA 17241-9415 yyoouu view your information. Visit Dbcovercard.comfps PO BOX 15251 (~~"'(~""'~~'~~"''"'~( WILNIN6TDN DE 19886-5251 Address, email ateleplwrredron8ey Print charge in • ~ ~((r~u~u~r(u(u((nr~r~ur(r(r(r(uu((r(r(uu(((r(u( w above, a go b Discovercard.com. Pnnf your eanarl b roeeiw imporlonl Aecourrt information and spaeid oilers: 000006011002542458765000000000000000163600 Discover More Card Account Summary Closing Date: Apri130, 2007 page t of 1 Account Number .60110025 4245 8765 Proviow Bakxrce 59,257.32 Payment Due pole May 29, 2007 Payments And CredNs 9,257.32 Minimum Payment Due 51,636.00 Purchases + 0.00 Credit limit 58,000.00 Cash Advances + 0.00 Cndif Avalabk 50.00 Bakmce TransFen + 0.00 Cash Credit Umit 54,000.00 ~•~• aO'tf ' ~ 0"~ Cash CrodB Avaikobls 50.00 New Balarxe ~'~ C©shback Bonus' °~,~~", ~~°Bak,„~«re s °0:0000 ' Cash Bonus Balance - - - - 5 0.00 _-------Avd- __-bR!~- --------- - S-- ----0,00---- r Caahback Bonus Annlv.rsary - - - - - - - - - - - Date: February 19 -How Can We Help You? ~ IkceeM hrrpririee, wrie ~• a, ~: Diacovsr Moro Card, PO Box 30943 Plsese haw your Discover Card avaiahle. SaN lake Cily, UT 84130 MwroOe your oaowrf enure of pur~wrcad.cem TDD (Glecorrrrrrarieations Device for the Deal(: GsAenser Service: 1-800-0ISCOVER (1-80(1347-2683 Fa assistance, sea rovers side. Transactions SD Fraud Liability Guaranise Uss your Discover Card with confidence. Trans. Pest Dale Dale parrwnls and Credo Apr 30 Apr 30 INTERNAL CHARGE•OFF ~ -9,257.32 'finance Charge Summary Nominal Trcmsacfion A_wrage ~ry r Daih, rodic x AMJWAL AGE ANNUAL Periodic Fee P~CEMAGE FMWrCE t°NANCE R ~ RATES -- current bilin0 period: i l day: pw~~ 50 0.07121'X 25.99% F 25.99% 50 none SO 50 Cosh Advances 50 0.07121'X. 25.99% F 25.99% The rates drat apply b your Account aro sifhsr fixed ~l or ttrey may vary M as noMd above. Exhibit."A" ...., ATTORNEY: '" STOCK ACCOUNT NUMBER: ''' 6011002542458765 ' BALANCE: $9257.32 CARDMEMBER (S): STACY M OMALLEY STATE OF OHIO COUNTY OF FRANKLIN Rex Payne, 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 Plaintiffls 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 Ra~RTSON IioleryPm61Gl~NtdOpb JuyTl, 2011 Exhibit'" Sworn and Subscribed before me, This day of Tuesday, July 17, 2007. Request for Military Status Department of Defense Manpower Data Center .Military. Status Report Pursuant to the Servicemembers Civil Relief Act ~C Last Name First/Middle Begin Date Active Duty Status Page 1 of 2 ` AUG-27-2007 07:07:22 Service/Agency OMALLEY Stacy M 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. r~,y,~ ,may-c~.- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Dala 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. §§ 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 £ail 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.miUscra/owa/scra.prc_Select 8/27/2007 ~e ~ "v+~; ", ~" ~~ ~~ -~ ~~ ~. ~ , t-. -~ ~~ cn D ~;« ~ c7 - SHERIFF'S RETURN - REGULAR CASE NO: 2007-OS457 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK ET AL VS OMALLEY STACEY M RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - ASSUMPSIT was served upon OMALLEY STACEY M the DEFENDANT at 2035:00 HOURS, on the 21st day of September, 2007 at 78 CARLISLE ROAD NEWVILLE, PA 17241 KEN OMALLEY, HUSBAND by handing to 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 h /Q'p`/ /0/ Surc arge _~,p~ Sworn and Subscibed to before me this of So Answers: 18.00 .00 10.00 R. Thomas Kline .00 39.52 09/25/2007 STOCK & GRIMES By : __~~c e~ day Deput Sheriff A.D. c i ~. Defendant (s ) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. 07-5457 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 19903-6011 Plaintiff vs. STAGY M. OMALLEY 78 Carlisle Road Newville, PA 17241-9415 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), Stacy M. Omalley, for failure to Answer the Civil Action Complaint. Assess Plaintiff's damages in the sum of $11,571.65 in accordance with the prayer of the Complaint. DATE : ~ D~ EDWARD , •. e~ AFFIDAVIT OF NON MILITARY SERVICE Edward Stock, Esquire, being duly sworn according to law, deposes and says: (a) That the Defendant(s) islare 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, Stacy M. Omalley, is an adult individual and resides at 78 Carlisle Road, Newville, PA 17241-9415. (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 CO~;JNTY DISCOVER FINANCIAL SERVICES, CIVIL ACTION-LAW LLC Plaintiff NO. 07-5457 Civil Term vs. STAGY M. OMALLEY 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 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 : O EDWARD , Attorney for Plaintiff .. . DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, LLC Plaintiff vs. STAGY M. OMALLEY Defendant(s) TO: Stacy M. Omalley 78 Carlisle Road Newville, PA 17241-9415 Date: October 16, 2007 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 07-5457 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 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 4TH FLOOR, ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 .pu.;~, EDWARD STOCK, ESQUIRE Attorney for Plaintiff 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 ~°' ~ ~ " `_ jj f~~ ... .) i °4 V ~~ j ~ ww ~ ~a~~ -t , ~, Ul ~ D f -a ' W ~~~,((( _ Y4 _ _. C..J .^~ i ri ._;- 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 Plaintiff VS. STACY M. OMALLEY 78 Carlisle Road Newville, PA 17241-9415 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. 07-5457 Civil Term PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: M 3 r r- " D rz1 :um (D -? z rw- .?.. N A yy ay Kindly mark the Judgment entered in regard to the above captioned case satisfied of recor DATE: 4/14/11 EDWARD OCK E 1j.4# 'f - of )q#9 J'feil- &gq