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Home My WebLink About08-1875K STOCK & , 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 19903-6011 vs JUAN.E. MULLEN and .MARTA E. MULLEN, AKA MARTHA E. MULLEN 115 S. Locust Street Camp Hill, PA 17011 Attorney for Plaintiff j COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. D3- 18?5 CIVIL AC'I'ICK "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 j? f i olivi 1e.? "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 notificaci6n. Hace falta asentar una com parencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita su.s defensas o'sus objeciones a Ias 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 notificaci6n. Ademas, la Corte puede decidir a favor del dem andante 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-. 1=ORTH BELOW TO FIND OUT WHERE YOU GADO 0 SI NOTIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PER- SONA 0 LLAME POR TELEFONO A LA OFI- CINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO ARA AVERIGUAR DONDE. SE PUEDE CONSE JIR ASISTENCI'- LEGAL.. L-,WYER REFERE?NCE SERVICES Court Administrator -- Ct-Therland County Courthouse 4th Floor, One Courthouse Square Carlisle, PA 17013 (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, D BANK, ISSUER OF CARD, BY ITS AGENT FINANCIAL SERVICES, 6011 19903-6011 Plaintiff VS. JUAN E. MULLEN and MARTA E. MULLEN, AKA MARTHA E. MULLEN 115 S. Locust Street Camp Hill, PA 17011 Defendant (s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 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), Juan E. Mullen and Marta E. Mullen, a/k/a Martha E. Mullen, are adult individuals and reside 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 of the Plaintiff upon the Defendant(s) to satisfy the outstanding indebtedness in the sum of $14,568.58, 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), Juan E. Mullen and Marta E. Mullen, a/k/a Martha E. Mullen, individually and jointly, in the sum amount of $18,210.72 (principal sum of $14,568.58 and attorneys fees of $3,642.14) with intent and costs. DATE : ?JjqLq EDWARD , 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. DISCvVEI CARD rvew oaiance rvummum raymenr vue $0.00 I $2,608.00 j Payment Due Date August 30, 2007 31 SOSWA01 0000193 JUAN MULLEN MARTA MULLEN 225 E ENID DR KEY BISCAYNE FL 33149-2207 Address, e-mail or telephone change? Print change ins ce above, or go to Discovercard.com. Print your a mail add ess to receive important Account information and special offers. Hccoum lVVmaer enamg ui 1rv+ Enter Amount Enclosed Below Know what's on your statement-before you even get it. Keep track online with daily updates and up to 12 months of history. Visit Discovercard.com/register PO BOX 15251 I'Ir11'Ir rl r r 1'1111"11111' WILMINGTON DE 19886-5251 1ur1111iu1u1r1u1u11ur111n1111r1r1nn11r111uau1rlui 000006011004521521704000000000000000260800 Discover More Card Account Summary Closing Date: July 31, 2007 page 1 of 1 Account number ending in 1704 Previous Balance $14,568.58 Payment Due Date August 30, 2007 Payments And Credits - 14,568.58 Minimum Payment Due $2,608.00 Purchases + 0.00 Credit Limit $13,700.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $10,275.00 Finance Char ems + 0.00 Cash Credit Available $0.00 - New Balance = $0.00 +Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus®Anniversary --- --------------- -- Available toWeetn------------------- - $-_------ UO___ -- Date: June 2 How Can We Help You? For Account Inquiries, write to us at. Discover More Card, PO Box 30943 Please have your Discover Card avaiaMe. Sag Lake City, UT 84130 Manage your account online at Discovercard.corn TDD (Telecommunications Device for the Denfl: Customer Service: 1-800-DISCOVER (1-804347-2683) For assistance, see reverse side. Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Jul 31 Jul 31 INTERNAL CHARGE-OFF $ -14,568.58 Pulqnce Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES ,:urrent billing period: 29 days Purchases $0 0.07942% 28.99% F 28.99% $0 none ash Advances $0 0.07942% 28.99% F 28.99% $0 $0 alanceTransfem $0 0.07942% 28.99% F 28.99% $0 $0 revious billing period: 30 days Purchases $0 0.07942% 28.99% F 28.99% $0 none The rates that apply to your Account are either fixed IF) or they may vary IV) as noted above. G Exhibit "A" ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER (S): STATE OF OHIO COUNTY OF FRANKLIN STOCK 6011004521521704 $14568.58 JUAN E MULLEN MARTA E MULLEN HEIDI LEO , 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. The statements, exhibits and supporting documentation attached to this affidavit are copies produced from our records and have been provided to counsel be a qualified representative of Discover Bank. I have reviewed our system to ensure that they accurately reflect the status of this account. The cardmember agreement governs the terms and conditions of the relationship between Discover Bank and the debtor (s) in connection with the account. Annexed hereto is a true and correct statement of account of the balance now due and owing to Discover Bank. If the account has charged off, then the balance owed Discover Bank is equal to the charge off balance shown in the annexed statement. 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 coo the best of my knowledge. i , An 1 e) Sworn and Subscribed before me, This day of Friday, March 07, 2008. gY' pJ+e,?? Kiln Now ARY Exhibit "B" ,'y f K. RENEE LIVENGOOD Notary Public in and for the State of Ohio My commission Expires Apr. 05, 2011 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 MAR-14-2008 08:25:43 < Last Name First/Middle Begin Date Active Duty Status Service/Agency MULLEN JUAN 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. 14 4 y6t 'ret. 4wi,A?0? 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//is/PC09SLDR.htm] WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmde.osd.mil/scra/owa/scra.prc_Select 3/14/2008 • Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 MAR-14-2008 08:26:23 Last Name First/Middle Begin Date Active Duty Status Service/Agency MULLEN MARTHA 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?,y r? 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//is/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 3/14/2008 1; o0 PO CA g u o W D .c a -, r r N C-13 C: Fri- ?rC J :ate --C 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01875 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS MULLEN JUAN E ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MULLEN JUAN E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - ASSUMPSIT the within named DEFENDANT 115 S LOCUST STREET CAMP HILL, PA 17011 , MULLEN JUAN E NOT FOUND , as to DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. CURRENT RESIDENT HAS BEEN THERE FOR 3 YEARS. Sheriff's Costs: Docketing 18.00 Service 15.00 Not Found 5.00 Surcharge 10.00 .00 ''I?lo?b8 48.00 So answers_.: R. Thom Kline Sheriff of Cu berland County STOCK & GRIMES 04/07/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01875 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS MULLEN JUAN E ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MULLEN MARTA E AKA MARTHA E MULLEN but was unable to locate Her in his bailiwick I"(-IAR T') T 7T T1. TT 7T 0 C T TA /r TI 11 TT the within named DEFENDANT MULLEN 115 S LOCUST STREET CAMP HILL, PA 17011 He therefore returns the NOT FOUND , as to MULLEN MARTA E AKA MARTHA E DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. CURRENT RESIDENT HAS LIVED THERE FOR 3 YEARS. Sheriff's Costs: So answers -? T Docketing 6.00 Service .00 Not Found 5.00 R. s Kline Surcharge 10.00 Sheriff of Cum erland County .00 Wito?o 21.00 STOCK & GRIMES 04/07/2008 Sworn and Subscribed to before me this day of A.D. 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. JUAN E. MULLEN and MARTA E. MULLEN a/k/a MARTHA E. MULLEN 115 S. Locust Street Camp Hill, PA 17011 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 08-1875 Civil Term PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above r'? .1 DATE. Jk' 0 captioned case discontinued. EDWARD ? +.:, ?? ",= ? Y77 _?? {:r' +`' i5 ' ? ?; N } ' f,.q„1 ...'i ? , 'C.,* a Lr '` -i