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Home My WebLink About04-0380 II I " !i 'I :1 ;j :i h Ii !l STOCK & GRIMES, LLP BY = EIJilllJID srocK, FS<;;VIRE 1.D. # 13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff DISCOVER BlINK, ISSUER OF DISroVER CllJID BY ITS '>GENT DISroVER FIN~CIl\L SERVICES, INC. COURT OF CO~jMON PLEAS P.O. Box 6011 CUMBERLlIND D:>ver, DE 19903-6011 CIVIL ACTION_LAWCOUNTY Plaintiff vs. c,c;"L~~ TERRIE 1\. McroLLUM 99 Millers Gap Road Enola, P1\ 17025-1047 Defendant(s) No.OLl -310 CIVIL l\Cl'IOO "NOTICE" "You have been sued in court. If you wish ta'defend against the claims set forth in the fol- lowing pages, you must tLlke action within twenty (20) days atter 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 ~la(ntjff. You may lose money Dr property or other rights important to you. "AVI50" "Le han demandado a usted en 13 corte. 51 usted qui are defenderse de estas demandas ex- puestas en laspaginas siguientes, usted tiene veiote (20) dras de plazo al partir de la techa de Ja demanda y Ja notjficacion. Hace falta asentar una comparencra escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita su.s defensas 0 5US objeciones alas demandas en contra de su persona. Sea avisado que s; usted no sa defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notrticacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de est a demanda. Usted puede perder dinero 0 SUS propiedades U otros derechos importantes para usted." "YOU SHOULD TAKE THiS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. "LLEVE ESTA DEMANDA A UN ABO- GADO INMEDIATAMENTE. SI NO TIENE ABO- GADO 0 SI NO TIENE EL DINERO 5UFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PER- SONA 0 LLAME PDR TE,LEFONO A LA OFI- CINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO "'RA AVERIGUAR DONDE SE PUEDE CONSE JIR ASISTENCI' LEGAL. L1\WYER REFERENCE SERVICES Cburt '\d:ninistrator -- CU11berland Cbooty Cburthouse 4th Floor, One Cburthouse Square carlisle, P1\ 17013 (717) 240-6200 STOCK & GRIMES, LLP BY: EDWARD STOCK, ESQUIRE LD. #13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. P.O. Box 6011 Dover, DE 19903-6011 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. D4 - 3rO (!to~L'-r~ vs. TERRIE A. MCCOLLUM 99 Millers Gap Road Enola, PA 17025-1047 Defendant( s) CIVIL ACTION COMPLAINT IN ASSUMPSIT 1. Plaintiff, Discover Bank, issuer of Discover Card, by its agent Discover Financial Services, Inc., 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), Terrie A. McCollum, 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 to the Plaintiff upon the Defendant(s) to satisfY the outstanding indebtedness in the sum of $1 0,560.94 the Defendant(s) haslhave 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 $2,640.23 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 Card Agreement. 8. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. WHEREFORE, Plaintiff, Discover Bank, issuer of Discover Card, by its agent Discover Financial Services, Inc., demands Judgment against the Defendant(s), Terrie A. McCollum, in the sum of$13,201.17, with interest and costs. DATE: /P# ;;7"'/.....~.....=--.-~ L/ -,Y-7 ) ~ ,;..~ // EDW~, _/ Attorney for Plaintiff VERIFICATION EDWARD STOCK, ESQUIRE, Attorney for Plaintiff herein, verifies that the statements made in this Pleading are true and correct and that he is authorized to make them on behalf of the Plaintiff. He understands that the statements herein are made subject to the penalties of 19 Pa. C.S.A. Sec. 4904, relating to unsworn falsification to authorities. .' \1 it ~)'1~ t)lJ.::J'!.". August 30, 2003 minimum payment due $1,890.00 1...11I,,,11I...,,1,1,1,1,,,,1111,,,,1,,11,,,1,,11,1 04 SQTN6A01 a000113 TERRIE MCCOLLUM 99 MILLERS GAP RD ENOLA PA 17025-1047 Address or telephone change? Please print change in the SpaCB above, Of go to Dlscovercard.com. $0.00 enter amount anclos9d lJe!ow $1 SimplifY and Savel Usa your Discover$: Card to pay otl hlgh.rate b3rances today. You can save money and consolidate your debl Into one convenient payment. Call 1-877-353-0941 10 S8El if a special Balance Transfer offer Is available for you. PO BOX 15251 111,,,11,,,,,11,,,.11,11,,1 WILMINGTON DE 19886-5251 1",111,\"1"1,1"\"11,,,1,1,,,1,1,1,1,,,,11,1,1,,,,11I.1,,1 000006011002330739988000000000000000189000 Discover Titanium Card Account Summary account number payment due date minimum pa.yment due credit limit credit available cash credit limit cash credit :=Ivai/till/s 6011 00233073 9988 August 30, 2003 $1,890.00 $9,200.00 $-1,360.00 $4,600.00 $0.00 Closing Date: August 31,2003 page 1 of 1 previous balance payments and credits purchases cash advances balance transfers FINANCE CHARGES new balanC9 $10,560.94 10,560.94 + 0.00 + 0.00 + 0.00 + 0.00 = $0.00 , SPECIAL BALANCE TRANSFER RATES! Save money and simplify your life by consolidating your debt. Call 1.800-767-7339 lodayto see if an offer is available for you! Transactions trans. post date date Payments and Credits AU931 Aug 31 INTERNAL CHARGE.OFF $-10,560.94 EXHIBIT "1\." Average Daily Balances Daily Peflodic Rates current billing period: 6 days Pu~hases $0 Cash Advances $0 0,06847% 0.06847% The ralas that apply 10 YOLlr Account are aiUler fixed (F) or they may vary (V) as Ilotedabove. Nomm~ ANNUAL ANNUAL PERCENTAGE PERCENTAGE RA TES RA TES Periodic FINANCE CHARGES Transaction Fe. FINANCE CHARGES 24.99% F 24.99% F 24.99% 24.99% $0 $0 none $0 ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER (S): STATE OF OHIO COUNTY OF FRANKLIN STOCK 6011002330739988 $10560.94 TERRIE A MCCOLLUM K. Lanning, personally appeared before me, this day and after being duly sworn, according to law, upon hislher oath and says: I am a Legal Placement Account Manager for DISCOVER FINANCIAL SERVICES INC., the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Banle 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, INe. 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 peJjury that the foregoing is true and correct to the best of my knowledge. ~ (~~~-..~~~ Affiant,J Sworn and Subscribed before me, This day of Monday, September 08, 2003. ",," f'I, ,,\ oV b '" .'A. t.-:!.lI.\..T.::V....', .'0' ~..., \. \ 1/ J' "'f<', ..-,.;....~,.../// ",,-~ '~'-'''- : : =-0 . '\: :*i i*: : \ " = "".ft" ... ~\I." . .. ,.... .,~. ,,..". .~." , .... ........ ,;1~......... 0 " ',~!::- Of ,\' """,,\\ JERRY MIELE Nolaly Public, SI8l8 of Ohio My CommisSion Expites February 6, 2007 EXHIBIT "B" x)(:J"'J. +\. "f""'. Crt tt" t ~ ~ '1 III ~ D 8 ~ V ~utF J- . E'~ ,i ~ Q !.~ ~~ 1'::D~. 8 :c:::~ tI.l ~G :i ~~ ~ .....?f. :2 ~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-00380 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS MCCOLLUM TERRIE A ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MCCOLLUM TERRIE A was served upon the , at 1900:00 HOURS, on the 30th day of January 2004 DEFENDANT at 99 MILLERS GAP ROAD ENOLA, PA 17025-1047 JEFF MCCOLLUM, HUSBAND by handing to 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 Service Affidavit Surcharge 18.00 6.90 .00 10.00 .00 34.90 Sworn and Subscribed to before 0;., me this 'i day of j~~02ttJr A.D. Q~ ../ rothonotary~'~ So Answers: r~~ R. Thomas Kline 02/02/2004 STOCK & GRIMES BY:~~~~---lrar ' /~eputy Sheriff STOCK & GRIMES, LLP BY: Edward Stock, Esquire LD.#13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. P.O. Box 6011 Dover, DE 19903-6011 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW vs. TERRIE A. MCCOLLUM 99 Millers Gap Road Enola, PA 17025-1047 Defendant(s) NO. 04-380 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, Inc., and against the Defendant(s), Terrie A. McCollum, for failure to Answer the Civil Action Complaint. Assess Plaintiff's damages in the sum of $13,201.17 in accordance with the prayer of the Complaint. DATE: '3//9/1/ , ! @/~. ~~TOC , ESQUIRE I hereby assess damages in the sum of $13,201.17 in favor of the Plaintiff, Discover Bank, issuer of r Discover Card by its agent Discover Financial Services, Inc., and against the Defendant(s), Terrie A. McCollum, as above. (L.LA-/;~~k. ~~ PRO PROTHY ~ ~ DATE: (Yl;://uJ...;}'1, ;'Odf 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 ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; (b) That Defendant, Terrie A. McCollum, is approximately 40 years of age, resides at 99 Millers Gap Road, Enola, P A 17025-1047, and is self-employed. (c) That Defendant, , is approximately 40 years of age, resides at , and is a housewife. 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 DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW Plaintiff vs. TERRIE A. MCCOLLUM Defendant(s) NO. 04-380 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, Inc., certifies that he sent a copy of the attached Notice on March 1, 2004 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, 3/r/of ~CK' 'E Attorney for Plaintiff DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW vs. TERRIE A. McCOLLUM NO. 04-380 Defendant(s) TO: Terrie A. McCollum 99 Millers Gap Road Enola, PA 17025-1047 Date: March 1,2004 IMPORTANT NOTICE YOU ARE IN DEF AUL T 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 MAYBE 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERENCE SERVICE COURT ADMINSTRATOR-CUMBERLAND COUNTY COURTHOUSE 4th 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 G ~ R ~ %-,,-It:-~ ~~~-} ~ p ~ ~ rr t~ :~-i () <..-~ - 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, INC. Plaintiff vs. TERRIE A. McCOLLUM 99 Millers Gap Road Enola, PA 17025-1047 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-~AW No. 04-380 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment entered in regard to the above captioned case satisfied of record. DATE: -?A-J ~O .. -, '.>L-<S'M / \ ,. c EDWARD ~TOCK;'E u~.1 r--- CJ