Loading...
HomeMy WebLinkAbout08-4951STOCK & GRIMES, .LLP BY:Edward Stock, Esquire I.-D.# 13657 304 West Avenue, Jenkintown, PA 19046 (215) 576-1900 DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT _DFS SERVICES, LLC P.O. Box 7112 Dover, DE 19903 VS. HOLLY A. GRAY 13 Texaco Road Mechanicsburg, PA 17050-2623 CIVIL ACTION "NOTICE" "You have been. sued in court. Lf.you wish to'defend against the claims set fortli 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 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO- 0$ - NQ51 Civ i l `re-m "AVISO" "Le han demandado a usted en la Corte. Si .usted quiere defenderse de estas demandas ex- puestas en las piginas siguientes, usted. tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificaci6n. Hace falta asentar una comparencia escrita o en persona o con un abogado y entrega.r 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 notificaci6n. Ademas, la Corte puede decidir a favor del demandante 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-. F=ORTH 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 0 LLAME POR TELEFONO A LA OFI- CINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO '4RA AVERIGUAR DONDE. SE PUEDE CONSE. )IR ASISTENCI,, LEGAL.. LAWYER REFERENCE SERVICES Court Administrator -- Cu•ttberland 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 BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DFS SERVICES, LLC P.O. Box 7112 Dover, DE 19903 Plaintiff vs. HOLLY A. GRAY 13 Texaco Road Mechanicsburg, PA 17050-2623 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. v 5.-- y 9 CIVIL ACTION COMPLAINT IN ASSUMPSIT 1. Plaintiff, Discover Bank, issuer of Discover Card, by its agent DFS 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), Holly A. Gray, 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. Defendant(s) last payment upon belief was made in 2007. 7. The present outstanding balance which is due on the account(s) is $8,797.10; 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. 8. 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. 9. Plaintiff's investigation has determined that the Defendant is not in the military service. 10. 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 DFS Services, LLC, demands Judgment against the Defendant(s), Holly A. Gray, in the sum amount of $10,996.38 (principal sum of $8,797.10 and attorneys fees of $2,199.28) with interest and costs. DATE : g? ?? ?og EDWAR S UIR 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 unworn falsification to authorities. . J ?w7??mr7 Y d-? CARD INew balance minimum Payment uue $8,797.10 $8,797.10 Payment Due Date June 21, 2008 221;1. St` E A01 0005532 HOLLY GRAY 13 TI:, ACO RD MECHAIIICSBURG PA 17050-2623 Account Number ending in V00Y Enter Amount Enclosed Below ' $1 Please make check payable to Discover Card. Minimum payment due includes a past due amount of $1,723.00. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the same day. Visit Discovercard.com/payments today. PO BOX 15251 Ill 11911111 WILMINGTON DE 19886-5251 e-rr above, or go h Discove cards m. Printaur?e-mail addre sto 1 rrr?Ilrlrrlrrl.Irrlrrllrrr1r1 rri1r1r1r1 "rrllrlrl"rilllrlril receive impcdani Account information and special offers. 0000'D1986458224489431087971000000000879710 Discover More Card Account Summary Closing Date: May 22, 2008 page 1 of 1 Account nurr bar ending in 0689 Previous Balance $8,797.10 Pay ment Due Date June 21, 2008 Payments And Credits 0.00 Minimum Payment Due $8,797.10 Purchases + 0.00 Credit Limit $10,100.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Ca:;h Credit Limit $0.00 Finance Charges + 0.00 Ca::h Credit Available $0.00 New Balance $8,797.10 Coshl?c>tck Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 CashbackBonus(DAnniversary --------- --- Available to Redeem.- ---------- ._$ ---- -0.00--. Date: July 22 How Can We Hel You? 1. Visit Discover.com to pay your bill for no cost, view our p latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1.800-DISCOVER (347.2683) for Fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager 3. Write us at Discover Card, PO Box 30943, For TDD (assistance for hearing impaired) see reverse side Salt Lake City, UT 84130 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 Cardmember Agreement for details. Finance Charge Summary Nominal Transaction Average Dai ly ANNUAL ANNUAL Periodic Fee Daily Perdic io PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 22 days Purchases $0 0.07942% 28.99% F 28.99% $0 none Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0 previous billing period: 5 days Purchases $0 0.07942% 28.99% F 28.99% $0 none The rates that,ppply to your Account are either fixed (F) or they may vary (V) as noted above EXHIBIT "A" • II 1 . ATTORNEY: STOCK ACCOUNT NUMBER: 6011002180750689 BALANCE: $8,797.10 CARDMEMBER (S): HOLLY A GRAY 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 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 EXHIBIT "B" '? i4? Pt?Yll-IS NOypar, So offt, :* *°2" I ryr a auaN?a'?`'? Sworn and Subscribed before me, This day of Thursday, June 12, 2008. , R9quest for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2" ' ' JUL-31-2008 08:37:10 -K Last Name First/Middle Begin Date ] Active Duty Status Service/Agency GRAY HOLLY 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. y6t 4A4-4?m_ 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: htt _//www defenselink mil/faq/pis/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 7/31/2008 -60' p ; N ~+ cam 7 ! ?- ?j t ? C7 C-S .. -r tC SHERIFF'S RETURN - REGULAR CASE NO: 2008-04951 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS GRAY HOLLY A MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GRAY HOLLY A the DEFENDANT at 0920:00 HOURS, on the 23rd day of August , 2008 at 13 TEXACO ROAD MECHANICSBURG, PA 17050 HOLLY GRAY by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing p$ 18.00 Service Oo 9.00 Affidavit .00 Surcharge 10.00 Sworn and Subscibed to before me this day of , So Answers: s R. Thomas Kline 08/25/2008 STOCK & GRIMES By: put S i f A. D. I. DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DFS SERVICES, LLC P.O. Box 7112 Dover, DE 19903, Plaintiff V. HOLLY A. GRAY 13 Texaco Road Mechanicsburg, PA 17050-2623 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 08-4951 CIVIL TERM DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT AND NOW, comes Holly A. Gray, by and through her counsel, Karl E. Rominger, Esquire, and in support of avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Strict proof of the same is demanded. 6. Admitted. 7. Denied. Strict proof of the same is demanded. 8. Denied. Strict proof of the same is demanded. 9. Admitted. 10. Admitted. WHEREFORE, the Defendant demands judgment in her favor and against the Plaintiff(s). Respectfully Submitted, Rominger & Associates Date: September 26, 2008 Mrl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Defendant DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DFS SERVICES, LLC P.O. Box 7112 Dover, DE 19903, Plaintiff vi. HOLLY A. GRAY 13 Texaco Road Mechanicsburg, PA 17050-2623 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 084951 CIVIL TERM CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, hereby certify that I this day served a copy of the within Defendants Answer to Plaintiffs Conrlaint upon the following by depositing the same in the United States mail postage pre-paid, at Carlisle, Pennsylvania addressed as follows: Edward Stock, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Respectfully Submitted, Rominger & Associates Date: September 26, 2008 Kafl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Defendant t; C m r'f 'r7 r cn -5 . ? rn Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 1 l 848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 email: robert.kodak@kodak-imblum.com Co-Attorney for Plaintiff DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DFS SERVICES, LLC Plaintiff VS. HOLLY A. GRAY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4951 CIVIL : CIVIL DIVISION LAW PRAECIPE FOR ENTRY OF APPEARANCE To The Prothonotary: Please enter the appearance of Robert D. Kodak, Kodak & Imblum, P.C., whose address is 407 North Front Street, P.O. Box 11848, Harrisburg, PA 17108-1848, as Co-Counsel for Discover Bank, Issuer of Discover Card, by its agent, DFS Services, LLC, the Plaintiff in the above-captioned case. Dated: June 8, 2009 Robert D. Kodak, Esquire I.D. No. 18041 Co-Counsel for Plaintiff CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I have this date served a true and correct copy of the Praecipe for Entry of Appearance in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: KARL E ROMINGER ESQUIRE 155 S HANOVER STREET CARLISLE PA 17013 KODAK & IMBLU , P.C. Robert D. Kodak Attorney I.D. No. 18041 Attorney for Plaintiff Dated: June 8, 2009 OF THE Pp(j) rC'NOTARY 2009 JUN -9 Pty 12: 39 pENiY w DISCOVER BANK issuer of Discover Card, by its Agent, DFS Services, LLC Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4951 CIVIL TERM v HOLLY A. GRAY CIVIL ACTION - LAW Defendant(s) PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak. Esquire, counsel for the plaintifffdefendentt in the above action, respectfully represents that: 1. The above-captioned action(s) isfare at issue. 2. The claim of plaintiff in the action is $10,996.38, plus interest, collection fees and costs. The counterclaim of the defendant in the action is: NONE The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Robert D. Kodak, Esquire (Kodak & Imblum, P.C.) Karl E. Rominger, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfumitted, Robert D. Kodak, Esquire Kodak & Imblum, P.C. PO BOX 11848 Harrisburg, PA 17108-1848 (717) 238-7152 ORDER OF COURT AND NOW, , 2009, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. BY THE COURT: J CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I served a true and correct copy of the PETITION FOR APPOINTMENT OF ARBITRATORS in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: KARL E ROMINGER ESQUIRE 155 S HANOVER STREET CARLISLE PA 17103 KODAK & IWLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney I.D. No. 18041 Attorney for Plaintiff Dated: July 14, 2009 OF 11-fE P`•.: i "',! b y 2009 JUL 15 Ph 12: 314 tt?? ?q 4a r•+roilG ?i ?? A l? DISCOVER BANK issuer of Discover Card, by its Agent, DFS Services, LLC Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4951 CIVIL TERM v HOLLY A. GRAY Defendant(s) CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak, Esquire, counsel for the plaintiffAlefendant in the above action, respectfully represents that: 1. The above-captioned action(s) ishm at issue. 2. The claim of plaintiff in the action is $10.996.38, plus interest, collection fees and costs. The counterclaim of the defendant in the action is: NONE The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Robert D. Kodak, Esquire (Kodak & Imblum, P.C.) Karl E. Rominger, Esquire WHEREFORE, your petitioner prays your Horiorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfu s? mitted, Robert D. Kodak, Esquire Kodak & Imblum, P.C. PO BOX 11848 Harrisburg, PA 17108-1848 (717) 238-7152 itrators in the above captioned action :'_ N/vo,1\12? ) as prayed for. ORDER OF COURT 2009, in consideration l?'of the foregoing petition, - Esq., and Esq., and Esq., are appoi B J BLED--C ROE OF TIE T? -ti(, )TAAY 2009 JUL 22 AN 11: 13 CUB {{ ?// 4,1V 1 , cople" k5&OUe-r ` OV/x Plaintiff t 40 114 C? V4, lei fendant In The Court of Common Pleas of Cumberland County, Pennsylvania No._jj_-q2T Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature ig a rSignature Name (Chairman) Name Law Firm 77 o SAC Address Mw c C1 vv?1 Law Firm N? E Name r ,. )CL>?- ? CJ Law Firm 1-7 n'" O'r+cv?a ?4? `? .2 - !7aZ. Z)Flt ,% E i Address Address iznia CaILL?scf- N61115 O.-uldr- 1761 City, Zip city, zip City, Zip `:zk i1 '7?a 3 /g4 SS Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award/:- / (Note: If damages for delay are a larded,, they /shall be separately stated.) 1"h 4; " eA t, OF qC-Tf Date of Hearing: 2 a iG 4J) (l Date of Award: / 2 G /d Notice of Entrk6f Award Now, the ayof,,,LAJ, of_,2010 , at ?.M., the above award was entered upon the docket. and? notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ JSO, on By: Prothonotary Deputy . Arbitrator, dissents. (Insert name if applicable.) !',F THE fug, N, NPTAPY 2010 JAN IS AM I k 06 CE'a;.. ,Syr 6 - tTm .?cv- y