HomeMy WebLinkAbout08-1134STOCK & GUMES, LLP
BY: EDWARD STOCK, ESQUIRE
I.D # 13657
804 Nest 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 19903-601.1
VS.
ANDREW M. RU'IHERFORD
4217 Trindle Road
Camp Hill, PA 17011-5728
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO.
CIVM AMCN
"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.
"YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU DO NOT
"AVISO"
"Le han 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 notificaci6n. Hace falta asentar
una com parencia escrita o en persona o con un
abogado y entregar a la torte en forma escrita
su.s defenses o sus objeciones a ias 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 torte
puede decidir a favor del dem andante y requiere
que usted cum pla 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 ABC-
FORTH BELOW TO FIND OUT WHERE YOU GADO O SI NOTIENE ELDINERO SUFICIENTE
CAN GET LEGAL HELP. DE PAGAR TAL SERVICIO, VAYA EN PER-
SONA 0 LLAME POR TELEFONO A LA OFI-
CINA CUY A DIRECC1 N SE ENCUENTRA
ESCRITA ASAJO 4RA AVERIGUAR DONDE.
SE PUEDE CONSE JIR ASISTENCI,. LEGAL.
LAW= CE SERVICES
Court Ad•ni.nistrator -- Cumberland County Courthouse
4th Floor, One Courthouse Square
Carlisle, Pk 17013
(717) 240-6200
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
No. O e- J/ 3 y C.Q _re.
CIVIL ACTION
COMPLAINT IN ASSUMPSIT
1. Plaintiff, Discover Bank, issuer of Discover
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, DI
BANK, ISSUER OF
CARD, BY ITS AGENT
FINANCIAL SERVICES,
6011
19903-6011
Plaintiff
vs.
ANDREW M. RUTHERFORD
4217 Trindle Road
Camp Hill, PA 17011-5728
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), Andrew M. Rutherford, 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 $10,153.07 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 further result of Defendant(s) breach of
the agreement for repayment of the account balance,
Plaintiff is entitled to reasonable attorney collection
fees.
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), Andrew M. Rutherford, in the sum amount
of $12,691.34 (principal sum of $10,153.07 and
attorneys fees of $2,538.27) with int rest and costs.
DATE: dklor?
EDWARDT ,
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.
New Balance Minimum Payment Due
'DISC"
- VER Account Number ending in YYO
$10,153.07 $10,153.07
-
. Enter Amount Enclosed Below
CARD ----------
Payment Due Date
$
January 14, 2008 Please make check payable to Discover Card.
Minimum payment due includes a past due
amount of $2,064.00.
15 SDSN6A01 0003893
ANDREW RUTHERFORD
4217 TRINDLE RD
CAMP HILL PA 17011-5728
Address, e-mail or telephone change? Print change in space
above, or go to Discovercard.com. Print your e-mail address to
receive important Account information and special offers.
Make payments on your schedule, in
advance or on the same day as your due
date. Visit Dlsooveroard.oom/peyments
to make an online payment today.
PO BOX 15251 1I1 urllun111Irl1 111 1 u1I
WILMINGTON DE 19886-5251
In?lll?lulnl?lulull?ul?lu?l?l?l?luull?l?luulll?lul
000006011002095389961101530700000001015307
Discover More Card Account Summary
Closing Date: December 15, 2007 page 1 of 1
Account number ending in 9961 Previous Balance $10,153.07
Payment Due Date January 14, 2008 Payments And Credits 0.00
Minimum Payment Due $10,153.07 Purchases + 0.00
Credit Limit $8,000.00 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 = $10,153.07
Cashback Bonus® Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus Earned + 0.00
Cashback Bonus Balance $ 0.00
-CashbackBanus®Anniversary ---- ----- ------- AvaflctWe.toRedeem -- -- 0.00_
Date: December 15
How Can We Help You? For Account Inquiries, write to us at-
Please have your Discover Card available. Discover More Card, PO Box 309,43
Salt Lake City, UT 84130
Manage your account online at Discovercard.com MD (Telecommunications Device for the Deaf):
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
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 Cordmember Agreement for
details.
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: 15 days
Purchases $0 0.07942% 28.99% V 28.99% $0 none
Cash Advances $0 0.07942% 28.99% V 28.99% $0 $0
previous billing period: 12 days
Purchases $0 0.07942% 28.99% V 28.99% $0 none
The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above.
Exhibit "All
ATTORNEY: STOCK
ACCOUNT NUMBER: 6011002095389961
BALANCE: $10153.07
CARDMEMBER (S): ANDREW M RUTHERFORD
STATE OF OHIO
COUNTY OF FRANKLIN
Michelle Kern, 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 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 Monday, January 14, 2008.
SUSAN HARVEY
Notary Pubk State d Ohb
My Camn bft Dphm
June 28, 2012
- Request for Military Status
Department of Defense Manpower Data Center
Military Status Report
W Pursuant to the Servicemembers Civil Relief Act
Page 1 of 2 ' ' '
FEB-15-2008 07:19:24
Last Name First/Middle Begin Date Active Duty Status Service/Agency
RUTHERFORD ANDREW 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.
nom, r? ,cY.",-o,?.
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. §§ 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
may be 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.mil/faq./Tis/PC09SL.DR.htm]
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 2/15/2008
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01134 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
RUTHERFORD ANDREW M
DAVID MCKINNEY Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - ASSUMPSIT was served upon
RUTHERFORD ANDREW M
the
DEFENDANT , at 1827:00 HOURS, on the 25th day of February-, 2008
at 4127 TRINDLE ROAD
CAMP HILL, PA 17011-5728
ANDREW M RUTHERFORD
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
Surcharge
3?os ?d Y
So Answers:
18.00
13.44
r'
00
10.00 R. Thomas Kline
00
41.44 02/27/2008
STOCK & GRIMES
Sworn and Subscibed to
before me this
By:
day Deputy Sheriff
of A. D.
Defendant (s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 08-1134 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.
ANDREW M. RUTHERFORD
4217 Trindle Road
Camp Hill, PA 17011-5728
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), Andrew M. Rutherford, for failure to
Answer the Civil Action Complaint. Assess Plaintiff's
damages in the sum of $12,691.34 in accordance with the
prayer of the Complaint.
DATE: -
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, Andrew M. Rutherford, is an adult individual and resides at 4217
Trindle Road, Camp Hill, PA 17011-5728.
(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.
I
DISCOVER BANK, ISSUER OF COURT OF COMMON PLEAS
DISCOVER CARD BY ITS AGENT CUMBERLAND COUNTY
DISCOVER FINANCIAL SERVICES, CIVIL ACTION-LAW
LLC
Plaintiff NO. 08-1134 Civil Term
VS.
ANDREW M. RUTHERFORD
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 March 18, 2008 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:
EDWARD S OCK, RE
Attorney for Plaintiff
DISCOVER BANK, ISSUER OF DISCOVER CARD
BY ITS AGENT DISCOVER FINANCIAL
SERVICES, LLC
Plaintiff
vs.
ANDREW M. RUTHERFORD
Defendant(s)
TO: Andrew M. Rutherford
4217 Trindle Road
Camp Hill, PA 17011-5728
Date: March 18, 2008
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 08-1134 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 SERVICES
COURT ADMINISTRATOR - CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR, ONE COURTHOUSE SQUARE
CARLISLE, PA 17 1
(717) 240-6
EDWARD STOCK, ESQUIRE
Attorney for Plaintiff
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
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STOCK & GRIMES, LLP
BY: Edward Stock, Esquire
I.D.#13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
Attorney for Plaintiff
DISCOVER BANK, ISSUER OF COURT OF COMMON PLEAS
DISCOVER CARD, BY ITS AGENT CUMBERLAND COUNTY
DISCOVER FINANCIAL SERVICES, CIVIL ACTION-LAW
INC.
Plaintiff
NO. 08-1134 Civil Term
VS.
ANDREW M. RUTHERFORD
4217 Trindle Road
Camp Hill, PA 17011-5728
Defendant(s)
P.RAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Kindly mark the Judgment entered in regard to the
above captioned case satisfied of rec ?---- DATE:
EDWARD STOC , ESQ RE
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