HomeMy WebLinkAbout09-5369!I
STOCK & GRIM2S, LLP
BY: Edward Stock, Esquire
I.D.# 13657
II 204 Test 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.
CHARLES B. EWING
137 Blacksmith.Road
Camp Hill, PA .17011-8417
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERL'4ND COUNTY
CIVIL ACTION-LAW
NO. (? - 53(09 0'-wil
Term
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 vvithin 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, usted.tiene
veinte (20) di as 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 torte
puede decidir a favor del demandante y requiere
que usted cum pla con todas las provisiones de
esta demanda. U sted 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 '4RA AVERIGUAR DONDE.
Ja,Ep
SE PUEDE CONSE 11R ASISTENCI,• LEGAL.,
CJtNCE SERVICES
LAWYER
Court z?d-ni.nistrator -- CuTherland 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.
CHARLES B. EWING
137 Blacksmith Road
Camp Hill, PA 17011-8417
Defendant (s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
u?-
No. 09- Y_46'?
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), Charles B. Ewing, 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 2008.
7. The present outstanding balance which is due
on the account(s) is $8,937.89; 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), Charles B. Ewing, in
the sum amount of $11,172.36 (principal sum of
$8,937.89 and attorneys fees of $2,234.47) with
interest and costs.
DATE : 7 hti ??`?
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 ST
I Exhibit "A"
?? " ,??? New Balance j Minimum Payment Due ; Account Number ending in 4743
/
i SC ? CIC $8,937.89 $1,408.00 _ Enter Amount Enclosed Below
Payment Due Date $ --?
May 11, 2009 please make check payable to Discover Card.
Minimum payment due includes a past due
amount of $1,177.00.
12 SOSN6A01 0003298
CHARLES EWING
137 BLACKSMITH RD
CAMP HILL PA 17011-8417
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.com/payatents today.
PO BOX 71084 lllrtrllrrrrrrllrrlrllrrrll
CHARLOTTE NC 28272-1084
kddress, e-mail or telephone change? Print change in space III1111rrl1fill IIIIIIIIIbill IIIIIIIoilIIIIIIIIIfill IIIfill loll
ibove, or go to Discover.com. Print your e-mail address to
eceive important Account information and special offers.
000001986458837164694089378900000000140800
Discover More Card Account Summary
Closing Date: April 12, 2009 page 1 of 1
\ccount number ending in 4743 Previous Balance $8,644.52
Payment Due Date May 11, 2009 Payments And Credits 0,00
IAinimum Payment Due $1,408.00 Purchases + 76,00
Credit Limit $8,000.00 Cash Advances + 0.00
t:redit Available $0.00 Balance Transfers + 0.00
Cash Credit Limit $4,000.00 Finance Charges + 215.37
trash Credit Available $0.00 New Balance $8,937.89
You may be able to avoid Periodic Finance Charges, see the
reverse side for details.
(0'ashback Bonus® Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus Earned + 0.00
Cashback Bonus Balance $ 0.00
Cashbock Bonus® Anniversary
Date: December 12
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) we reverse side
1. Visit Discover con, to pay your 691 for no cost, view your
latest Account information, sam and redeem rewards and more
2. Call 1-800-DISCOVER (347-26831 for fast, easy self service
options or to speak with a Customer Service Account Manager
3. Write us at Discover Card, PO Box 30943,
SaR Lake City, UT 84130
Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence.
TD aata ns. P
Data
Other/Miscellaneous Apr 12 Apr 12 OVERUMIT FEE $ 39.00
Apr 12 Apr 12 LATE FEE 39.00
Information For You
* * * ATTENTION * * * Your account is seriously past due. Payment of the amount due and arrangements For future
payments should be made immediately.
Finance Charge Summary
Nominal Transaction
Average Daily ANNUAL ANNUAL Periodic Fee
Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE
Balcince Rates RATES RATES CHARGES CHARGES
current billing period: 31 days
Purchases $4022.37 0.07942% 28.99% F 28.99% $99.02 $0
Cash Advances $4725.92 0.07942% 28.99% F 28.99% $116.35 $0
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: 6011002746454743
BALANCE: $8,937.89
CARDMEMBER (S): CHARLES B EWING
STATE OF OHIO
COUNTY OF FRANKLIN
Robert Adkins, personally appeared before me, this day and after being duly sworn, according to
law, upon his/her oath and says:
I am a Legal Placement Account Manager for DFS SERVICES LLC., the servicing agent of
DISCOVER BANK, an FDIC insured Delaware State Bank.
THAT this affidavit is made on the basis of my personal knowledge and in support of Plaintiff's
suit on account against the Debtor(s)
THAT, in my capacity as Legal Placement Account Manager, I have control over and access to
records regarding the Discover Card Account of the above referenced Debtor(s), further, that I
have personally inspected said Account and statements regarding the balance due on said account.
DFS SERVICES LLC. maintains these records in the ordinary course of business.
THAT the annexed statement of account is a true and correct statement of what is now due and
owing Discover Bank on the account, and exhibit A is a copy of the Cardmember Agreement
between Discover Bank and the above referenced Debtor(s). The Cardmember Agreement
governs the terms and conditions of the relationship between Discover Bank and the Debtor(s) in
connection with the account.
Based on my review of the account records, to the best of my knowledge and belief the above
referenced Debtor(s) is not engaged in the military service of the United States and is a resident
of the State and of the Country in which this action has been filed.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge.
Affiant
pHY1 AASWO
* 001 i eon
November$X I
Sworn and Subscribed before me,
This day of Thursday, May 14, 2009.
Request for Military Status
https://www.dmdc.osd.mil/scra/owa/sgra,prc_Select
Department of Defense Manpower Data Center JUL-06-2009 11:54:32
4f, Military Status Report
NU Pursuant to the Servicemembers Civil Relief Act
............... .................. _..__................................................................................... ..__............ ................ ...................... .......
4 Last Name! First/Middle Begin Date Active Duty Status Service/Agency
;:SWING CHARLES B 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.
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.
1 of 2 7/6/2009 2:57 PM
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2 9 31 P°"3: `3
.$` S .5o PQ ATTy
Clc'? ['iR o S
aa87o3
Sheriffs Office of Cumberland County
R Thomas Kline J f iL L"- i ?`;=
Sheriff4?„ta atu:nbrrrtr,6
Ronny R Anderson r, ! !(' C
2H19 h v 12 A ? 3U
Chief Deputy
Jody S Smith
Civil Process Sergeant OFF ICE 'E SHERIFF
Edward L Schorpp
Solicitor
Discover Bank I Case Number
vs. 2009-5369
Charles B. Ewing
SHERIFF'S RETURN OF SERVICE
08/07/2009 03:00 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on August 7
2009 at 1500 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Charles B. Ewing, by making known unto himself personally, defendant at 137
Blacksmith Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $41.50
August 10, 2009
SO ANSWERS,
rooo%voosalmc e&964.
R THOMAS KLINE, SHERIFF
By ,?
Deputy Sheriff
ji, 46
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.
CHARLES B. EWING
137 Blacksmith Road
Camp Hill, PA 17011-8417
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 09-5369 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), Charles B. Ewing, for failure to Answer
the Civil Action Complaint. Assess Plaintiff's damages
in the sum of $11,172.36 in accordance with the prayer
of the Complaint.
DATE:
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, Charles B. Ewing, is an adult individual and resides at 137
Blacksmith Road, Camp Hill, PA 17011-8417.
(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 unsworn falsification to authorities.
DISCOVER BANK, ISSUER OF
DISCOVER CARD BY ITS AGENT
DFS SERVICES, LLC
Plaintiff
VS.
CHARLES B. EWING
Defendant (s)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 09-5369 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 August 31, 2009 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 :
. L
EDWARD S`TOCr-, P=T R
Attorney for Plainti
DISCOVER BANK, ISSUER OF DISCOVER CARD,
BY ITS AGENT DFS SERVICES, LLC
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
vs. NO. 09-5369 Civil Tenn
CHARLES B.EWINGiDefendant(s)
"l
TO: Charles B. Ewing
137 Blacksmith Road -77-17
Camp Hill, PA 17011-8417
Date: August 31, 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. 'j-
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
j; .
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
EDWARD STOCK, ESQUIRE
Attorney for Plaintiff
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
•
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