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HomeMy WebLinkAbout09-5370STOCK & MIMES, 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 VS. TRAVIS K. SHENK 1856 Walnut Bottom Road Carlisle, PA 17015-7672 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'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 N0. 09-531a Oi,,clT?rm "AVISO" "Le han demandado a usted en la torte. 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 com parencia 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 avisado que si usted no se defiende, la torte tomar6 medidas y puede continuar la demanda en contra suya sin previo aviso o notificaci6n. Adem6s, la torte puede decidir a favor del demandante y requiere que usted cum pia 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 T=ORTH BELOW TO FIND OUT WHERE YOU GADO 0 SI NOTIENE ELDINERO SUFICIENTE 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 REFER CE SERVICES Court Administrator -- Curberland County Courthouse 4th Floor, One Courthouse Square Carlisle, PA 17013 (717) 240-6200 r i i j 5 f 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. TRAVIS K. SHENK 1856 Walnut Bottom Road Carlisle, PA 17015-7672 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. 0 9 .. _!!? 310 04xd 7-,t - 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), Travis K. Shenk, 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 2009. 7. The present outstanding balance which is due on the account(s) is $11,693.40; 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), Travis K. Shenk, in the sum amount of $14,616.75 (principal sum of $11,693.40 and attorneys fees of $2,923.35) with interest and costs. r DATE : EDWARD S CK, QUIRE 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" SC `/C !slew Ba!ance Minimum Payment Due Account Number ending in 2528 J`r V G $11,693.40 ; $856.00 Enter Amount Enclosed Below CARD ._---------- __-_ Payment Due Date $1 May 8, 2009 Please make check payable to Discover Card. Minimum payment due includes a past due amount of $557.00. 09 SDSNt.A01 0003289 TRAVIS SHENK 1856 WALNUT BOTTOM RD CARLISLE PA 17015-7672 Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to r3ceive important Account information and special offers. 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 Dfscover.com/payments today. PO BOX 71084 111 1111111111119511111111111 CHARLOTTE NC 28272-1084 lulrllulurlrllurlnlrlurllllnrlrrlrlullulnlulrlnll 000001986458434875734116934000000000085600 (Discover More Card Account Summary Closing Date: April 9, 2009 Page 1 of 1 Account number ending in 2528 Previous Balance $11,371.09 Payment Due Date May 8, 2009 Payments And Credits 0.00 Minimum Payment Due $856.00 Purchases + 39.00 Credit Um it $12,350.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Crash Credit Limit $9,200.00 Finance Charges + 283.31 Crash Credit Available $0.00 New Balance = $11,693,40 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Cashback Bonuse Opening Cashback Bonus Balance $ 13.66 New Cash6ock Bonus Earned + 0.00 Cashbock Bonus Balance S 13.66 Cashback Bonus® Anniversary Date: December 9 How Can We Help You? 1. Visit Discover.com to pay your bA for no cost, view p latest Account information, *am and redeem rewaroscurd 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 Soft Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. aaePost Date other/Miscellaneous Apr 9 Apr 9 LATE FEE $ 39.00 Information For You * * * ATTENTION * * * We previously requested the past due amount on your account. We have no record of receiving payment. The amount due should be paid at once. Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE alone s Rates RATES RATES CHARGES CHARGES current billing period: 31 days Purchases $1425.61 0.07942% 28.99% F 28.99% $35.09 $0 Cash Advances $10081.98 0.07942% 28.99% F 28.99% $248.22 $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: 6011002311372528 BALANCE: $11,693.40 CARDMEMBER (S): TRAVIS K SHENK 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 SOOZ Noy N*, so d Obb W oNEWoe BOW trmmbet421111 Sworn and Subscribed before me, This day of Thursday, May 14, 2009. Request for Military Status https://www.dmdc.osd.mil/scra/owa/scra.prc_Select Department of Defense Manpower Data Center JUL-06-2009 11:42:02 `m Military Status Report Pursuant to the Servicemembers Civil Relief Act ............................ ............._........ _...... _......................................__......_........._.............. ........-.............. ............................ ..................... ............................ _........_....._....__._.............. .................... __...._........................._.__............................................. ....... ....................................... . Last Name lFirst/Middle?Begin Date Active Duty Status Service/Agency SHENK !:TRAVIS K !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. )Ut lot ,j0t,*4, 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) dlatabase which is the official source of data on eligibility for military medical care and other eiigibility 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. f,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 2:44 PM 0 FE?rI? , m r:CE TH, it t LL..? vL J f F t i `d. ' ?• 4 ?l% So PO ATM Gc,? I'19o3 Ra" aa8 qo4 Travis K. Shade n5we.r- 1856 Walnut Bottom Road Carlisle, PA 17015-7672 State of ( Pamsylvania ), ( Cumberland 1CbuMv Caustocase No. ( 091.5370 ) Discover Bank Plaintiff', Vs. Travis K. Shenk Defendant(s) Discover Bank ("Defa>dant" % heaeby auras *c complaint of Travis K. Shenk ("plaindff ') for it's self abne as foll?l ws and generally daces the allepdons doe to the complaint based on lw* of information and beW. Fb* AfEnnadve Dekne "(Agreement to Arbitrate) The credit card agreement may state that disputes may be resolved by binding ObkMdM Defendant elects to have all disputes related to the credit card agr resolved by binding arbitration." "(Amount in Dispute) The account balance claimed by plaidiff is not accurate and the total amount 6.9 is owed, if any, is in dispute." 1 +? \- "W Hwddiip) Due to a serous financial crisis, defendant does not have mdficient finds to pay &e M amount of the undisputed debt, if any. Although my income has not been affected, my wife's income has been affected for then past 2 years resulting in our iwbiiity to pay the fail( amount at this tine. My wife has been in the real estate business for the par 4 years. Over the past 2 years we have gone fiom her maaldnx $50,000.+ t O $30,000. for the past 2 years. We have ached our swings. It has come to the point of eid r far our home or paying our craft card bills. Because of having 2 duldren, we felt it was more imp t to pay our mortgage. We regret not being able tp pay our debt in full at this time, but fed Ws is true. only choice we have until my wifes income begins td increase spin. Once the economy starts showing signs of improvemart we should be able t D correct our debt. WHEREFORE, Defeadamt requests that, 1. Plaintiff ta w nothing by way of his complain and 2. For Defendant's costs of snit Datod: g_ 10_09 signature ?i/ cS ?• ?6?1G Printed Name Defendant in Pro Per Travis K. Shenk 1856 Walnut Bottom Road Carlisle, PA 17015-7672 Defendant in Pro Per Court of Common Pleas, Cumberland County State of Pennsylvania, Cwnberland County Discover Bank Plaintiff, Vs. Travis K. Shenk Defendant Case # 09-5370 Civil Term Travis K. Shenk ("DefendanO, hereby answers the complaint of Discover Bal#k, ("Plaintiff for it's self alone as follows and moves this court to bar, stay, or dismiss Plaintiff's claim based on the following. 1. Plaintiff filed a complaint against the defendant(s) for a credit card balance due 2. Defendant moves this court to compel binding won based on the credit card Credit Card Agreement provided by the Plaintiff The parties are bound by Credit Card Agreement to settle disputes by binding arbitration, not by litigation, upon the election of either party (See Credit Card Agreemerrt, attached (hereto as Exhibit A). This Motion constitutes notice of elation by the undersigned to have this dispute resolved by binding arbitration, as provided for in the Credit Card Agreement. 3. Plaintiff has never sought to take the defendant to arbitration 4. The Federal Arbitration Act ("FAA"), 9 USC, Section 1-2, provides. . 4a."A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such a contract or transaction, or the refusal to perform the whole or any part thereof; or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, traction, or refusal, shall be valid, irrevocable and enforceable, save upon such grounds as exist at la* or in equity for the revocation of any contract." 5. Defendant requests that pending the court's ruling on this Motion this action be stayed. 6. "FAA", 9 USC, Section 1-3 provides: 6a. "If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the co*t in which such suit is pending, upon being satisfied that the issue involved in such suit or procwftg is referable to arbitration under such an agreemerht, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such won." WHEREFORE, Defendant requests that: 1. This honorable court slay the Plaintiffs auk and any and all action related to this case. 2. This honorable count compels the Plaintiff to seek binding arbitration per the Harms and conditions of the Credit Card Agreement Dated: hmrt dote offiling t A4 LS 14. 5 C-a?uG Signature Printed Name Defendant in Pro Per HILE THE R „ Toy 2099 AUG I I AM 11: 9 Sheriffs Office of Cumberland County R Thomas Kline Sheri ?yy,%r of ''ir+l1brej OFFICE 'FE S-ERIFF T-F Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor A J? Discover Bank vs. Travis K. Shenk Case Number 2009-5370 SHERIFF'S RETURN OF SERVICE 08/03/2009 04:50 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August 3, 2009 at 1650 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Travis K. Shenk, by making known unto himself personally, defendant at 1856 Walnut Bottom Road Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 August 05, 2009 SO ANSWERS, ~^R TH,QMASANE, SHERIFF ty SNer