HomeMy WebLinkAbout08-5600STOCK & GRIMES,.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.
DFS SERVICES, LLC_
P.O. Box 7112
Dover, DE 19903
VS.
ROBERT VOGELSONG
55 Glendale Drive
Mechanicsburg, PA 17050-1546
CIVIL AMON
"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'objecti;ons 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. 6e
"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 notificacion. Hace falta asentar
una comparencia escrita o en persona o con un
abogado y entregar a la Corte en forma escrita
su.s 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.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-.
FORTH BELOW TO FIND OUT WHERE YOU GADO 0 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 DIRECCION SE ENCUENTRA
ESCRITA ABAJO 'gRA.AVERIGUAR DONDE.
SE PUEDE CONSE 11R ASISTENCI', LEGAL.
LAWYER CE SERVICES
Court Ad•ttinistrator -- Ca.•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.
ROBERT VOGELSONG
55 Glendale Drive
Mechanicsburg, PA 17050-1546
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
No. 0 sG dv C.r,;,1I 7..,
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), Robert Vogelsong, 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 $8,549.85; 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), Robert Vogelsong, in
the sum amount of $10,687.31 (principal sum of
$8,549.85 and attorneys fees of $2,137.46) with
interest and costs.
DATE: ???! O$
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.
EDWARD STOCK, ESQUIRE
Exhibit "A"
DISCOVER
CARD
New Balance 1 Minimum Payment Due i
$8,549.85 $8,549.85
Payment Due Date
August 14, 2008
15 SDSN6A01 0004021
ROBERT VOGELSONG
55 GLENDALE DR
MECHANICSBURG PA 17050-1546
Account Number ending in 5158
Enter Amount Enclosed Below
Please make check payable to Discover Card
Minimum _payment due includes a past due
amount of $1,678.00.
Will your payment get to us on time? Pay
your bill online and your payment can be
made to your account on the same day. Visit
Discover.com/payments today.
PO BOX 15251 Ill 11111131 Is gill III$ Ills 11
WILMINGTON DE 19886-5251
Address, e-mail or telephone change? Print change in space lrrrlllrlrrlrrlrlrrlrrllrrrlrlrrrlrlrlrlrrrrllrlrlrrrrlllrlrrl
above, or go to Discovercard.com. Print your email address to
receive important Account information and special offers.
000001986458329547422085498500000000854985
Discover More Card Account Summary
Closing Date: July 15, 2008 page 1 of 1
(Account number ending in 5158 Previous Balance $8,549.85
Payment Due Date August 14, 2008 Payments And Credits 0.00
Minimum Payment Due $8,549.85 Purchases + 0.00
Credit limit $6,600.00 Cash Advances + 0.00
Credit Available $0.00 Balance Transfers + 0.00
Cash Credit limit $0.00 Finance Charges + 000
Cash Credit Available
i $0.00 New Balance $8,549.85
Cashback BOnus® Opening Cash6ack Bonus Balance $ 0.00
New Cashback Bonus Earned + 0,00
Cashbock Bonus Balance $ 0.00
Cashback Bonus-Anniversa - - - - --Available to Redeem- - - - - - - - - - - - - - $ - - - - - -0.00-
Date: June 15
How Can We Hel You? 1. Visit Discaver com to pay your 62 for no cost view your
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
For TDD (assistance for hearing impaired) see reverse side Salt Write a us of Discover Card, PO Box 30943,
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 Cordmember 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
Average
Daily Nominal
ANNUAL
ANNUAL
Periodic Transaction
Fee
Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE
Balances Rates RATES RATES CHARGES CHARGES
current billing period: 15 days
Purchases $0 0.07942% 28.99% F 28.99% $0 none
Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0
Balance Transfers $0 0.07942% 28.99% F 28.99% $0 $0
Balance Transfers $0 0.07942% 28.99% F 28.99% $0 $0
previous billing period: 13 days
Purchases $0 0.07942% 28.99% F 28.99% $0 none
The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above.
Exhibit "B"
ATTORNEY: STOCK
ACCOUNT NUMBER: 6011002219305158
BALANCE: $8,549.85
CARDMEMBER (S): ROBERT VOGELSONG
STATE OF OHIO
COUNTY OF FRANKLIN
Renee Morgan, 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 Plaintiffs
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 Wednesday, August 20, 2008. I , Q"r )
? ? \
NOTARY
EL{ZABETH 80M C
cmwwm EON
August 11, 2Q11
Request for Military Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Servicemembers Civil Relief Act
QO-r)?)
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select
SEP-12-2008 09:51:51
Last Name First/Middle Begin Date Active Duty Status Service/Agency
VOGELSONG ROBERT 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.
Akut jrq. 7-v,.Mww 7*_
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/fag/Pis/PC09SLDR.html
1 of 2 9/12/2008 1:06 PM
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-05600 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
VOGELSONG ROBERT
WILLIAM CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
VOGELSONG ROBERT the
DEFENDANT , at 1754:00 HOURS, on the 24th day of September, 2008
at 55 GLENDALE DRIVE
MECHANICSBURG, PA 17050-1546 by handing to
ROBERT VOGELSONG
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 18.00
Service 10.00
Affidavit .00
Surcharge 10.00
I v/v?'/ar .00
38.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
09/25/2008
STOCK & GRIMES
By <?
Deputy Sheriff
A. D.
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.
ROBERT VOGELSONG
55 Glendale Drive
Mechanicsburg, PA 17050-1546
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 08-5600 Civil Term
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 DFS Services, LLC, and against the
Defendant(s), Robert Vogelsong, for failure to Answer
the Civil Action Complaint. Assess Plaintiff's damages
in the sum of $10,687.31 in accordance with the prayer
of the Complaint.
DATE:11-1 4-0?.
_ w
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, Robert Vogelsong, is an adult individual and resides at 55 Glendale
Drive, Mechanicsburg, PA 17050-1546.
(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 unworn falsification to authorities.
4d
DISCOVER BANK, ISSUER OF
DISCOVER CARD BY ITS AGENT
DFS SERVICES, LLC
Plaintiff
VS.
ROBERT VOGELSONG
Defendant(s)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 08-5600 Civil Term
CERTIFICATION UNDER PA. R.C.P. 237.1
EDWARD STOCK, ESQUIRE, Attorney for Plaintiff,
Discover Bank, issuer of Discover Card by its agent DFS
Services, LLC, certifies that he sent a copy of the
attached Notice on October 15, 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 ST CK, E Q E
Attorney for Plaintiff
...
DISCOVER BANK, ISSUER OF DISCOVER CARD,
BY ITS AGENT DFS SERVICES, LLC
Plaintiff
VS.
ROBERT VOGELSONG
Defendant(s)
TO: Robert Vogelsong
55 Glendale Drive
Mechanicsburg, PA 17050-1546
Date: October 15, 2008
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 08-5600 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 17013
(717) 240-6200
e
EDWARD STOCK, ESQUIRE
Attorney for Plaintiff
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
O
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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
ROBERT LEE VOGELSONG,
Debtor
ROBERT LEE VOGELSONG,
Movant
V.
DISCOVER BANK, ISSUER OF
DISCOVER CARD, BY ITS AGENT DFS
SERVICES, LLC,
Respondent
CHAPTER 7
CASE NO. 1:11-bk-04144
Cumberland County
Docket No. 08-5600
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FROM 'THL RR#? this
. ?y of , 20/1
Gterk, U.S. kruptcy,Co
pof Deputy Clerk
ORDER
UPON consideration of the foregoing Motion to Avoid Judgment of Respondent
under Section 522(f) of the Bankruptcy Code , it is hereby
ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is
granted, to wit, the judgment of DISCOVER BANK in the approximate amount of $10,687.31
entered in Cumberland County at docket number # 08-5600 be and hereby is avoided; it is
further
ORDERED AND DECREED that a certified copy of this Order may be filed with the
Prothonotary of Cumberland County and the Prothonotary is directed to terminate the judgment
in the judgment indices.
By the Court,
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cao?
Dated: August 3, 2011
W4 &.
C?SV1
Case 1:11-bk-04144-MDF Doc 20 Filed 08/05/11 Entered 08/06/11 00:37:51 Desc
Imaged Certificate of Service Page 2 of 2