HomeMy WebLinkAbout04-1974
STOCK & GRIME 5, LLP
BY- ED14ARD STOCK, ESQUIRE
i I. D•# 13657
804 ;Rest Avenue
Jenkintown, PA 19046
?j (215) 576-1900
DISCOVER BANK, ISSUER OF DISCOVER CARD BY
ITS AGENT DISCOVER FINANCIAL SERVICES, INC
P.O. Box 6011
Dover, DE 19903-6011
Plaintiff
VS.
RICHARD M. KRADER
146 Clouser Road
Mechanicsburg, PA 17055-9779
Defendant(s)
CIVIL ACTION
'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 tiling 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 maybe 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 pYaintiff. 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
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.
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. QL( - My C i.X "
"AVISO"
"Le ham demandado a usted en la torte. Si
usted quiere defenderse de estas demandas ex-
puestas en las peginas siguientes, usted Ilene
veinte (20) dras de plazo at partir de la fecha de
la demanda y la notificaci6n. Hace falta asentar
una comparencia escrita o en persona o con un
abogado y entregar a la Corte en forma escrita
sus defensas osus objeciones a las demandas
an contra de su persona. Sea avisado que si
usted no se defiende, la torte tomare medidas
y puede continuarto demanda en contra suya sin
previo aviso o notificaci6n. Ademas, la torte
puede decidir a favor del demandante y requiere
que usted cumpla con Codas las provisioner de
esta demanda. Usted puede perder dinero o sus
propiedades u otros derechos importantes para
usted."
"LLEVE ESTA DEMANDA A UN ABO-
GADO INMEDIATAMENTE. SI NO TIENE ABO
GADO 0 SI NO TIENE EL DINERO SUFICIENTE
DE PAGAR TAL SERVICIO, VAYA EN PER-
SONA 0 LLAME FOR TELEFONO A LA OFI-
CINA CUY A DIRECCION SE ENCUENTRA
ESCRITA ABAJO 4RA.AVERIGUAR DONDE
SE PUEDE CONSE 11R ASISTENCIVL LEGAL.
LAWYER REFERENCE SERVICES
Court Administrator -- Cumberland 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
INC.
P.O. Box
Dover, D
BANK, ISSUER OF
CARD, BY ITS AGENT
FINANCIAL SERVICES,
6011
3 19903-6011
Plaintiff
VS.
RICHARD M. KRADER
146 Clouser Road
Mechanicsburg, PA 17055-9779
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. Dy - 1174 (:w'%'l, l6RJ'Y1
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), Richard M. Krader, 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. rhereafter, 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 $20,306.95 the
Defendant(s) has/have 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 $5,076.74 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
Cardmember Agreement.
8. 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.
Plaintiff, Discover Bank, issuer of
Discover Card, by its agent Discover Financial
Services, Inc., demands Judgment against the
Defendant(s), Richard M. Krader, in the sum of
$25,383.69, with interest and costs. _
DATE : % G11?
VERIFICATION
EDWARD STICK, 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 18 Pa. C.S.A. Sec. 4904, relating to unworn
falsification to authorities.
DISC y?R pay.. clued Is raw wise"
March 17, 2004 $20,806.95
O,RD mrnimumpaymenr due
$2,970.00
18 SDSNGA01 0009646
RICHARD KRADER
146 CLOUSER RD
MECHANICSBURG PA 17055-9779
accoumnumew 6011002640615761
enter amewa ar W rcd bs'ow
$I
Masse make clack payade ro DAmsw Measure
Card. Yovxvaw ma. Pry Mesumurlhamanlnly
nNlamum pymanf N1r+Me avwaiwr ernaunt o1S.906'.95.
Gel cash with your DisooverO Card
PAN.I Call 1-800-DISCOVER to select
one there easy to rememberl
PO BOX 15251 III"'II"""III"I""III
WILMINGTON DE 19886-5251
AM4eas or faepnona change? Please pent change in Me apaca above. IwII6IuI"Idulnl6nldwrlJrLluullrldnnllldul
ago to P'acovmcardmm.
000006011002640615761203069500000000294000
Discover Platinum Card Account Summary
account number 6011 0026 4061 6761
payment due dale March 17, 2004
minimumpaymentdue $2,940.00
cwt limit $20,000
credifavailable $0
cash credit limit $10,000.00
cash credit available $0.00
Transactions
trans. post
dab date
Closing Date; February 18, 2004 page 1 of 2
previous balance $19,812.09
payments and credits - 0.00
purchases + 70.00
cash advances + 0.00
balance hansfers + 0.00
FlNANCE CHARGES + 424.86
newbalance = $20,306.95
You may be able as avoid Periodic Finance Charges, see the
reverse side for details.
Other/Mixallenaoue Feb 18 Feb IS LATE FEE
Feb 1S Feb 18 OVERLIMIT FEE
Please note, the Traditional Cashback Bonus award is now called the Purchase Cashback Bonus award.
$ 35.00
35.00
"""' ATTENTION """' ATTENTION """' ATTENTION """' ATTENTION """' ATTENTION °""'
Youraccount is sedouslypast due, Payment of the amountdue and arrangements for futurepayments should be made
lmmedrately-
Ludt Your CD Rafe Today/ Move fast to lock your Certificate of Deposit lnterettrafe with Discover(R) Bank's fast, free
and secure CD EAecbonlc Deposit) its the easy, safe way leaddluds to a manning Discover CD orfund a new CD
dfmchyfmmyourbankaccount Just cab 1-600-347-7000 and mention code: SCO204PC. Member FDIC.
Nominal Transaction
Average Deify ANNUAL ANNUAL Penodi Fee
Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE
Balances Rates RATES RATES CHARGES CHARGES
current billing period: 31 days
Purchases $20016.92 0.06647% 24.99% F 24.99% $424.66 noire
Cash Advances $0 0.06847% 24.99% F 24.99% $0 $0
iM1e raroa Mat apps tc your Aawm are either Hrad (F)or May may vary M as norod above.
EXHIBIT "A"
ATTORNEY: Stock & Grimes LLP
ACCOUNT NUMBER: 6011002640615761
BALANCE: $20306.95
CARDMEMBER (S): RICHARD M KRADER
STATE OF OHIO
COUNTY OF FRANKLIN
A. Dutton, 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 DISCOVER FINANCIAL SERVICES INC., 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.
DISCOVER FINANCIAL SERVICES, INC. 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 active duty 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.
an 4-0
Sworn and Subscribed before me,
This day of Friday, March 19, 2004.
N ARY
TERESA L. CALDWELI
Notary Public
In and for the State of Ohio
My Commission Expires
June 10, 2006
EXHIBIT "B"
C
"- n
v
c,
n
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-01974 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
KRADER RICHARD M
RON KERR
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
KRADER RICHARD M the
DEFENDANT , at 1517:00 HOURS, on the 6th day of May 2004
at 146 CLOUSER ROAD
MECHANCISBURG, PA 17055 by handing to
RICHARD M KRADER
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: So Answers:
Docketing 1.00 sa??
Service 5.52 Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
33.52 05/07/2004
STOCK & GRIMES
Sworn and Subscribed to before By:
me this !a day of -"* ? Deputy Sheriff
oZo p A.D.
- % ?
-&`Prothon?otary
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
DISCOVER BANK, ISSUER OF
DISCOVER CARD BY ITS AGENT
DISCOVER FINANCIAL SERVICES,
INC.,
Plaintiff
v.
RICHARD M. KRADER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-1974 CIVIL TERM
CIVIL ACTION - LAW
TO: DISCOVER BANK, ISSUER OF
DISCOVER CARD BY ITS AGENT
DISCOVER FINANCIAL SERVICES, INC.
And STOCK & GRIMES, LLP
EDWARD STROCK, ESQUIRE
804 West Avenue
Jenkintown, PA 19046
You are hereby notified to file a written response to
the enclosed Preliminary Objection within twenty (20) days
from service hereof or a judgment may be entered against you.
DATE: May Z6,
2004
Andr 1eely, quire
PA ID # 624,59
Attorney for Defendant
127 S. Market Street
P.O. BOX 95
Mechanicsburg, PA 17055
717-697-7050
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
DISCOVER BANK, ISSUER OF
DISCOVER CARD BY ITS AGENT
DISCOVER FINANCIAL SERVICES,
INC. ,
Plaintiff
V.
RICHARD M. KRADER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-1974 CIVIL TERM
CIVIL ACT17ON - LAW
PRELIMINARY OBJECTIONS OF DEFENDANT, RICHARD M. KRADER
Defendant, by and through counsel of Andrew C. Sheely,
Esquire, hereby files these Preliminary Objections pursuant to
Pa. R.C.P. No. 1028 (a) to the Complaint filed by Plaintiff, and
respectfully states as follows:
1. Plaintiff commenced the above-captioned matter on or
about may 3, 2004.
2. Plaintiff's complaint is an action in assumpsit and
alleges the existence of an application for a credit card
account allegedly executed by Defendant.
3. Plaintiff's complaint alleges that Plaintiff has been
forced to incur reasonable attorney fees in the sum of
$5,076.74.
4. Plaintiff's complaint alleges that Defendant is
responsible for the payment of reasonable attorney fees based
upon an alleged Cardmember Agreement.
5. Exhibit "A" and "B" attached to Plaintiff's complaint
are neither applications or Cardmember agreement establishing an
obligation to pay for merchandise and or assumption of
"reasonable attorney fees" between Plaintiff and Defendant(s).
I. PRELIMINARY OBJECTION IN THE NATURE OF MOTION TO
STRIKE FOR LACK OF CONFORMITY TO LAW OR RULE OF
COURT PURSUANT TO Pa.R.C.P. 1028(a)(2)
6. Paragraphs 1 through and including 5 are incorporated
herein by reference.
7. Pa. R.C.P. No. 1019 (i) requires that claims based on a
writing attach a copy of the writing, or set forth the substance
of the writing, in the Complaint.
8. Pa. R.C.P. No. 1020 (a) requires that separate causes of
action and claims for special damages (attorney fees) be set
forth in separate counts.
9. Plaintiff's complaint fails to attach a copy of the
alleged application for a credit card account as referenced in
paragraph 3 of Plaintiff's complaint.
10. Plaintiff's complaint fails to attach a copy of the
alleged cardmember services agreement as referenced in paragraph
7 of the Plaintiff's complaint.
11. Plaintiff's complaint fails to set forth a separate
count for attorney fees as demanded in paragraph 7 of
Plaintiff's complaint.
2
WHEREFORE, Defendant(s) respectfully :requests that this
Honorable Court direct Plaintiff to file an amended pleading to
set forth separate causes of action and that the relevant
portions of the alleged writings be referenced or attached so as
to demonstrate the existence of a written agreement between
Plaintiff and Defendant(s) all as required by the Pennsylvania
Rules of Civil Procedure set forth above.
II. PRELIMINARY OBJECTION IN THE NATURE OF A
DEMURRER PURSUANT TO Pa.R.C.P. 1028(a)(4)
12. Paragraphs 1 - 11 are incorporated herein as if set
forth at length.
13. Absent the attachment of a written application for a
credit card account as required by the Rules of Court,
Plaintiff's complaint fails to set forth a cause of action in
assumpsit (breach of contract).
14. Absent the attachment of a written cardmember
agreement or other written agreement as required by the Rules of
Court, Plaintiff's complaint fails to set forth a cause of
action for "reasonable attorney fees" as demanded by Plaintiff.
WHEREFORE, Defendant(s) respectfully requests that this
Honorable Court require that Plaintiff file an amended pleading
and attach sufficient written documents supporting the breach of
contract claims and claims for attorney fees as sought by
Plaintiff.
3
Respectfully submitted,
Date: May 2S 2004
Andrew C. Shee squire
PA ID # 62469
Attorney for Defendant
Richard M. Krader
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717-697-7050
717-697-7065 (fax)
4
VERIFICATION
I verify that the statements made in these Preliminary
objections are true and correct. I understand that unsworrn
statements herein are made subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unsworn falsification to
authorities.
DATE: May LSD , 2004 fl `^V2, S^???-!
ichard M. Wider
CERTIFICATE OF SERVICE
I, Andrew C. Sheely, Esquire, hereby certify that I am this
day serving the foregoing Defendant's Preliminary Objections to
Plaintiff's Complaint upon the following named individual this
day by depositing same in the United States Mail, First Class,
postage prepaid, at Mechanicsburg, Pennsylvania, addressed as
follows:
EDWARD STROCK, ESQUIRE
STOCK & GRIMES, LLP
804 West Avenue
Jenkintown, PA 19046
Date: May 2004 &dA) C SIS? _
Andrew C Sheely, E
C7 N
o O
c>
cn
w
_3
STOCK & GRIMES, LLP
BY: Edward Stock, Esquire
I.D.# 13657
304 Test Avenue.
Jenkintown, PA 19046
(215) 576-1900
Attorney for Plaintiff
DISCOVER BANK, ISSUER OF DISCOVER CARD, BY
ITS AGENT DISCOVER FINANCIAL SERVICES, LLC COURT OF COMMON PLEAS
P.O. Box 6011 CUMBERLAND COUNTY
Dover, DE 19903-6011 CIVIL ACTION-LAW
VS.
Plaintiff
17055-9779
Defendant(s)
NO. 2004 CV 1974
RICHARD M. KRADER
146 Clouser Road
Mechanicsburg, PA
"NOTICE"
CIVIL ZkMGN
"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 Corte. Si
usted quiere defenderse de estas demandas ex-
puestas en las paginas siguientes, Listed 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 [as 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- .
FORTH BELOW TO FIND OUT WHERE YOU GADO O St NO TIENE ELDINERO SUFICIENTE
CAN GET LEGAL HELP. DE PAGAR TAL SERVICIO, VAYA EN PER-
SONA O LLAME POR TELEFONO A LA OFI-
CINA CUY A DIRECCION SE ENCUENTRA
ESCRITA ASAJO qRA AVERIGUAR DONDE
SE PUEDE COHSE 11R ASISTENCI„ LEGAL.
y LAWYER CE SERVICES
Court Administrator -- Cumberland 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 DISCOVER
FINANCIAL SERVICES, LLC
P.O. Box 6011
Dover, DE 19903-6011
Plaintiff
vs.
RICHARD M. KRADER
146 Clouser Road
Mechanicsburg, PA 17055-9779
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 2004 CV 1974
PLAINTIFF'S AMENDED CIVIL ACTION COMPLAINT
1. Plaintiff, Discover Bank, Issuer of Discover Card, by its agent Discover
Financial Services, LLC, is a duly organized banking institution and conducts business
at the address contained in the above caption.
2. Defendant, Richard M. Krader, is an adult individual and resides at the address
contained in the above caption.
3. On or about March 8, 1999, Defendant applied for a credit card account
with the Plaintiff so that he could use a credit card to engage in various transactions with
merchants authorized by the Plaintiff to accept the same. Plaintiff is ur.able to locate the
original credit application in regard to this account.
•
4. Thereafter, the Plaintiff did in fact issue a physical credit card to the Defendant
together with a Cardmember Agreement governing the terms and conditions of the relationship
between the Plaintiff and Defendant. Plaintiff incorporates herein by reference the
Cardmember Agreement, and all of its terms and conditions, a copy of the said Agreement
having been furnished by Plaintiff's counsel to the Defendant's counsel under letter dated
June 16, 2004.
5. The Defendant accepted the said credit card and utilized the same. The
Defendant has failed to make any payments in regard to his obligation to the Plaintiff
since August 7, 2003 and is in breach of his contractual understanding with the
Plaintiff; therefore, the entire balance on the books and records of the Plaintiff in regard
to this account is now due from the Defendant. Plaintiff attaches hereto an Affidavit in
support of the balance of the account taken from its books and records.
6. Plaintiff incorporates herein by reference copies of monthly statements dated
April 18, 1999 through and including March 31, 2004, which statements support the present
outstanding obligation of the Defendant to the Plaintiff in the sum of $20,306.95, the said
statements also having been furnished by Plaintiff's counsel to the Defendant's counsel under
letter dated June 16, 2004.
7. As the result of the Defendant's failure to satisfy his obligation to the Plaintiff
in the amount of $20,306.95, the Plaintiff has been forced to incur reasonable attorney
collection fees in the sum of $5,076.74 in an attempt to legally enforce collection of this debt
due it from the Defendant. In accordance with the Cardmember Agreement, the Defendant
is responsible for reasonable attorney fees incurred.
-2-
WHEREFORE, Plaintiff, Discover Bank, Issuer of Discover Card, by its
agent Discover Financial Services, LLC, demands Judgment against Richard M. Krader,
in the sum of $25,383.69, with interest and costs.
Date: /
-3-
•
ATTORNEY:
ACCOUNT NUMBER:
BALANCE:
CARDMEMBER (S):
STATE OF OHIO
COUNTY OF FRANKLIN
Stock & Grimes LLP
6011002640615761
$20306.95
RICHARD M KRADER
A. Dutton, 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 DISCOVER FINANCIAL SERVICES INC., 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.
DISCOVER FINANCIAL SERVICES, INC. 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 tenors 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 active duty 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.
,ant
Sworn and Subscribed before me,
This day of Friday, March 19, 2004.
TERESA L. CALDWELL
Notary Public
NOTARY = * ; * In and for the State of Ohio
4;t; `j ° a My Commission Expire,,
June 10. 2006
EXHIBIT "B"
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.
EDW STOC , ESQUIRE
7:11 {
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
DISCOVER CARD, BY ITS AGENT
DISCOVER FINANCIAL SERVICES,
LLC
Plaintiff
VS.
RICHARD M. KRADER
Defendant(s)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
No. 2004-CV-1974
CERTIFICATION OF SERVICE
Edward Stock, Esquire, Attorney for the Plaintiff herein,
certifies that he served Andrew
the Defendant herein a true and
Amended Civil Action Complaint,
letter dated August 21, 2007, b;
postage prepaid, at Jenkintown,
follows:
C. Sheely, Esquire, Attorney for
correct copy of Plaintiff's
as indicated by the attached
United States Mail, First Class,
Pennsylvania, addressed as
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
DATE:
EDWARD "STOCK;
August 21, 2007
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
Re: Discover Bank vs. Richard M. Krader
CCP Cumberland County
Civil Action-Law
No. 2004-CV-1974
Dear Mr. Sheely.
The above matter was recently brought to my attention. I discovered, according to my file, that I
had never received a reply from you since my letter dated June 16, 2004.. Unfortunately, I may
have jeopardized my position with my client; therefore, I proceeded to file an Amended Civil
Action Complaint in order to protect the record, and I am enclosing herewith a true and correct
copy of the same, The Amended Complaint was filed on August 16, 2007.
Again, please contact me so that we may discuss a possible amicable resolution of this case, since
I believe that you are in possession of all our complete records in regard to- this matter.
Thank you for your courtesy.
Very truly yours,
EDWARD STOCK
ES:kd
Enclosure
2 0 0 9 JU, ? -2 1: f 14
STOCK & GRIMES, LLP
BY: Edward Stock, Esquire
I .D. x#13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DI$CQV8k BANK; 1$$tJER. 0E
DISCOVER CARD, BY ITS AGENT
DVS SVPV4C?S, LL C
P.O. BOX 7112.
Dover, DE 19903
Plaintiff
vs.
RICHARD KRADER<
14:6 CIOUPer Road
Mechanicsburg, PA 17055.-9779
De f er dant (s)
Attorney for Plaintiff
CMAT, OV CO QX PLEAS
CUMBERLA COUNTY
CIVIL ACTION-LAW
NO. 2004 CV 1974
PRAECIFE F`OR. ]AVAA LT ,1MGMENT
TO THE PROTI4ONOTARY
Enter` Judgritent by Default in favor of the
Plaintiff; Discover Bank, issuer of Discover Card, by
its agent DFS Services, LLC, and against the
Defendant(s), Richard Krader, for failure to Answer the
Amended Civil Action Complaint. Assess Plaintiff's
damages in the sum of $22,910.11 in accordance with the
prayer- of the Complaint.
DATE
EDW
r. ,
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, Richard M. Krader, is an adult individual and resides at 146
Clouser Road, Mechanicsburg, PA 17055-9779.
(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.
DISCOVER BANK, ISSUER OF COURT OF COMMON PLEAS
DISCOVER CARD, BY ITS AGENT CUMBERLAND COUNTY
DISCOVER FINANCIAL SERVICES, CIVIL ACTION-LAW
LLC
Plaintiff
NO. 2004 CV 1974
VS.
RICHARD M. KRADER
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 17, 2009 by
regular mail, to the Defendant(s) at the address at
which the Defendant(s) was/were served with a copy of
the Amended Civil Action Complaint by the Office of the
Sheriff indicated by the court records. Also, he
certifies that he sent a copy of the attached Notice on
March 17, 2009 to Andrew C. Sheely, Esquire, Attorney
for Defendant at the address of 127 Market Street,
Mechanicsburg, PA 17055.
DATE : To I
EDWARD STOCK, ESQUIRE
Attorney for Plaintiff
i.
DISCOVER BANK, ISSUER OF DISCOVER CARD, COURT OF COMMON PLEAS
BY ITS AGENT DISCOVER FINANCIAL CUMBERLAND COUNTY
SERVICES, LLC CIVIL ACTION-LAW
Plaintiff
vs.
RICHARD M. KRADER
Defendant(s)
TO: Richard M. Krader
146 Clouser Road
Mechanicsburg, PA 17055-9779
Date: March 17, 2009
NO. 2004 CV 1974
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) 240-62
EDWARD STOCK, ESQUIRE
Attorney for Plaintiff
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK, ISSUER OF DISCOVER CARD, COURT OF COMMON PLEAS
BY ITS AGENT DISCOVER FINANCIAL CUMBERLAND COUNTY
SERVICES, LLC CIVIL ACTION-LAW
Plaintiff
VS. NO. 2004 CV 1974
RICHARD M. KRADER
Defendant(s)
TO: Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
Date: March 17, 2009
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)240-62
EDWARD STOCK, ESQUIRE
Attorney for Plaintiff
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
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