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Home My WebLink About09-3590STOCK & GRIMES, - LLP BY:' Edward Stock, Esquire I•DJ 13657 804 ;hest Avenue, Jenkintown, PA 19046 (215) 576-1900 DISCOVER BANK, ISSUER OF DISCOVER CARI), BY ITS AGENT DFS SERVICES, LLC P.O. Box 7112, Dover, DE 19903 VS. CLIF M H. HENDERSOIR 16 Hazelwood Court Mechanicsburg,.PA. 17050=7963 "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 enterjng 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. CR - 3590 amttlam "AVISO" "Le han demandado a usted en la torte, Si usted quiere defenderse' de estas demandas ex puestas en` gas.paginas siguientes, usted, tiene veinte (20) dias 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 torte en forma escrita sus defensas o 'sus objeciones a las demandas en contra de su persona. Sea avi sado que . si usted no se defiende, la torte 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 A60- GO TO OR TELEPHONE THE OFFICE SET GADO INMEDIATAMENTE. SI NO TIENE ASO-. FORTH BELOW TO FIND OUT WHERE YOU GADO O 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 DIRECGION SE ENCUENTRA ESCRITA ASAJO ' 4RA. AVERIGUAR DONDE. SE PUEDE CONSE• IIR ASISTENCI,• LEGAL. LAWYER CE SERVICES Court Administrator -- Cuitberland 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. CLIFTON H. HENDERSON 16 Hazelwood Court Mechanicsburg, PA 17050-7963 Defendant(s) Attorney for Plaintiff No. 09- 3590 ?,c vr;! l c? r•1 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW 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), Clifton H. Henderson, 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 Defendants 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 on or about 5/09/2008. 7. The present outstanding balance which is due on the account(s) is $6,760.95; 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), Clifton H. Henderson, in the sum amount of $8,451.19 (principal sum of $6,760.95 and attorneys fees of $1,690.24) with interest and costs. DATE : EDWARD S , 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. Exhibit "A" DISC ':'MER CARD New Balance Minimum Payment Due' $6,760.95 $6,760.95 I Payment Due Date February 14, 2009 15'06NBA01 0004636 CLIF-rON HENDERSON 16 HAZELWOOD CT MECHANICSBURG PA 17050-7963 Account Number ending in L4J3 Enter Amount Enclosed Below ' $ Please make check payable to Discover Card. Minimum payment due includes a past due amount of 51,348.00. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the some day. Visit Discover.conr/payments today. PO BOX 6103 Illrrrllrarrarllrlrlralrrll CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Print change in space Irilullnuulllr?ulunlnllnunllllnnalL?lnurlla,lull above, or go to Discover.com. Print your email address to receive important Account informaton and special offers. 000001986458367765043067609500000000676095 Discover More Card Account Summary Closing Date: January 15, 2009 page 1 of 1 Account number ending in 2435 Previous Balance $6 760.95 Payment Due Date February 14, 2009 Payments And Credits , 0 00 Minimum Payment Due $6,760.95 Purchases . + 0 00 Credit limit $5,300.00 Cash Advances . + 0 00 Credit Available $0.00 Balance Transfers . + 0 00 Cash Credit limit $0.00 Firaacs Charges . + 000 Cash Credit Available $0.00 New gallants $6,760.95 Cashbeck Bonus Opening Cashbaek Bonus Balance $ 0.00 New Cashbock Bonus Earned + 0.00 Coshback Bonus Balance $ 0.00 Ceslnbuck Boinuse Annfverscry - - - - Available to Redeem - - - - - - - - - - $ - - - - 0.00 Date: September 1S How Can We Help You? It's your choice - 3 ways to help Please have your Discover Card available. For TDD (assistance for hearing impaired) see reverse side 1. Visit Discaver eem to pay your 62 for no cod, view your latest Account information, earn and redsom rewards and more 2. Cal 1$00-DISCOVER (347.2683) for fast, easy sell-service options or to speak with a Customer Service Account Manager 3. Write us at Discover Card, PO Box 30943, Sal Lake City, UT 84130 Finance Charge Summary Average Doily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily Periodic PERCENTAGE MCENFAGE FINANCE FINANCE Balances Rates RATES RATES CFiARt>E5 CHARM 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 previous billing period: 20 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 M as noted above. Exhibit "B" ATTORNEY: STOCK ACCOUNT NUMBER: 6011002254042435 BALANCE: $6,760.95 CARDMEMBER (S): CLIFTON H HENDERSON STATE OF OHIO COUNTY OF FRANKLIN Robert Adkins, personally appeared before me, this day and after being duly sworn, according to law, upon his/her oath and says: Sworn and Subscribed before me, This day of Wednesday, February l8, 2009. 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. A ant 4O ARY "U-JSA Request for Military Status https://www.dmdc.osd.miVscra/owa/scra.prc-Select Department of Defense Manpower Data Center Military Status Report 1W Pursuant to the Servicemembers Civil Relief Act MAY-27-2009 06:30:45 .._ [iervice/Agency ........._...._.........._.__......_.__.....__..Last Name First/Middle Begin Date Active Duty Status HENDERSON CLIFTON H 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. )6k I'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 seg] (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. 1 of 2 5/27/2009 9:31 AM 0 ??nr .f14.59o Pa AT" CACI 1'7(dg3 Rx aab 00 -a Sheriffs Office of Cumberland County R Thomas Kline oyntr of <'11mberl, Edward L Schorpp Sheri + Solicitor .. , , Id }ILT? . Ronny R Anderson Jody S Smith Chief Deputy OFF ICE 'HE s DER FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/04/2009 05:30 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2009 at 1730 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Clifton H. Henderson, by making known unto himself personally, defendant at 16 Hazelwood Court Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 June 05, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF i?X 701- Deputy heriff 2009-3590 Discover Bank V Clifton Henderson 0 ev rr-G ?- r:. M, C3 ?? J `C7 C) C 2 ko ?, BY: David Reinherz, Esquire Attorney for Defendants 1218 Chestnut Street, Suite 405 Philadelphia, PA 19107 ID#82042 Telephone (215) 922-2055 DISCOVER BANK IN THE COURT OF COMMON PLEAS Plaintiff, COUNTY OF CUMBERLAND, VS. PENNSYLVANIA CLIFTON H. HENDERSON Defendants. DOCKET NO. 09-3590 CIVIL ACTION - LAW ANSWER TO ORIGINAL COMPLAINT Comes now CLIFTON H. HENDERSON, Defendant herein, and submits his Answer to the allegations contained in the Complaint filed against him herein. 1. Defendant admits the allegations of Paragraph 1 of the Complaint. 2. Defendant admits the allegations of Paragraph 2 of the Complaint. 3. Defendant is without sufficient knowledge or information at this time to admit or deny the allegations of Paragraph 3 of the Complaint and therefore denies same. 4. Defendant denies the allegations of Paragraph 4 of the Complaint. 5. Defendant is without sufficient knowledge or information at this time to admit or deny the allegations of Paragraph 5 of the Complaint and therefore denies same. 6. Defendant denies the allegations of Paragraph 6 of the Complaint. 7. Defendant denies the allegations of Paragraph 7 of the Complaint. 8. Defendant denies the allegations of Paragraph 8 of the Complaint. 9. Defendant is without sufficient knowledge or information at this time to admit or deny the allegations of Paragraph 9 of the Complaint and therefore, denies same. 10. Defendant is without sufficient knowledge or information at this time to admit or deny the allegations of Paragraph 10 of the Complaint and therefore denies same. DEFENSES 1. Defendant pleads that the contract between Plaintiff and Defendant was unconscionable and, therefore, void or. voidable. 2. Defendant pleads there was a lack of consideration for changes Plaintiff made to the agreement between the parties, and Plaintiff failed to give proper notice to make any changes to any agreement between the parties, and therefore the amount asked for in this suit is erroneous and unjustified. W1 II :RI::I ORF , now having fully answered said Complaint, Defendants request that said Complaint be dismissed with prejudice and that :Defendants be awarded costs of this suit from Plaintiff. DAT D: G 67/cc? Page 2 of 4 David Reinherz,.Esquire Attomev for Defendants 1215 Chestnut Street, Suite 405 Philadelphia, P.A 19107 ID#82042 't'elephone (215) 922-2055 O?At? ANSWER TO COMPLAINT 06/,17/2009 13:18 FAX 17177957594 STAPLES JUN. 16.2009 3:06PM LAW OFFICES OF VICTOR W. LUKE STATE OF PENNSYLVANIA ) CUMBERLAND COUNTY ) S.S. VERIFICAMON NO. 0914 P. 4 CLIFTON H. HENDEMN, being fast duly mom according to lsw, deposes =d states that he has read the foregoing, Answer to Original Complaint, aad that du Aa meta atie true to the best of hit kaowiedge. H. HENDERSON SWORN TO BEFORE ME and subscribed in nay presence dais C ly of'June, 2009. 51,vul ? NOTARY PUBLIC naaw? tt?Pdft SEAL 0002 Page 3 of 4 PSNEk TO COMPLAINT CERTIFICATE OF SERVICE The Undersigned hereby certifies that he served a true and correct copy of the foregoing ANSWER TO COMPLAINT upon Plaintiff's counsel this day of (une, 2009 via certified mail to the .following address: Edward Stock, Esquire STOCK & GRIMES, LLP 804 West Avenue Jenkintown, PA 19046 Dated: ? Signed: ULD?? David' Reinherz, Esq. Attorney for Defendant 121£1 Chestnut Street, Suite 405 Philadelphia, PA 19107 113#82042 Telephone #922-2055 Page 4 of ANSWER TO COMPLAINT F w. RY 2009 UN 22 Ail 11: ?0 ? t