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Home My WebLink About04-5305 II I i I II i , , ! STOCK & GRIMES, LLP BY: EDWARD S'IOCK, ESQUIRE 1.D.# 13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 DIsmVER BANK, ISSUER OF DISmVER CARD, BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. P.O. BOX 6011 Dover, DE 19903-6011 Plaintiff ~ vs. WILLIAM L. DAVIS 671 Shippensbuig Road NeWVille, PA 17241-9476 CIVIL 1\Cl'ICN "NOTICE" "Y ou have been sued in court. If you wi sh to 'defend against the claims setfortll 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.it you fail 10 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 fOf 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 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 aJMBERLl\ND CO U N T Y CIVIL ACTION-LAW NO.<)4 -SJOS eiulLT~ "AVISO" "Le han demandado a usled en la corte. 5i usted quiere defenderse'de estas demanda.s ex- puestas en laspaginas siguientes, us ted, tiene veiMe (20) d(as de piazo al parlir de la techa de la demanda y la notlficacion. Hace faHa assotar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita su.s defensas 0 'sus objec;ones a fas demandas en contra de su persona. Sea avisado que sl usted no S8 defiende,la cone lomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esla demanda. Usled puede perder dinero 0 sus propiedades u arras derechos importantes para usted. " "LLEVE E5TA DEMANDA A UN ABO- GADa iNMEDiATAMENTE. 5i NO TIENE ABO- GADa 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERViCIO) VAYA EN PER- SONA 0 LLAME POR TE,LEFONO A LA OFi- CINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO <l,RA AVERIGUAR DONDE. SE PUEDE CONSE JiR ASISTENCI" LEGAL. L1';WYER REFERENCE SERVICES Court 'l\dllinistrator -- Cu1lberland County Courthouse 4th Floor, One Courthouse Square Carlisle, P1'; 17013 (717) 240-6200 i i ! I I ) I i i I 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, INC. P.O. Box 6011 Dover, DE 19903-6011 PlainUff vs. WILLIAM L. DAVIS 671 Shippensburg Road Newville, PA 17241-9476 Defendant (s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 04- S'30S du~L~~ 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) ,William L. Davis, 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. Notwithstanding repeated requests and demands of the Plaintiff upon the Defendant(s) to satisfy the outstanding indebtedness in the sum of $8,984.30 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 $2,246.07 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. Plaintiff's investigation has determined that the Defendant is not in the military service. 9. 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 Discover Financial Services, Inc., demands Judgment against the Defendant(s), William L. Davis, in the sum of $11,230.37, with interest and costs. DATE / 01/2/ J4- -'---..", EDW VERIFICATION EDWARD STOCK, ESQUIRE, Attorney for Plaintiff herein, verifies that the statements made in this Pleading are true and correct and that he is authOJlzed 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 unsworn falsification to authorities. "----..... .l'>..Cy'ut:S{ IOr Mll1tary Status https:llwww.dmdc.osd.milludpdrilow..!sscra.pre_Sel Department of Defense Manpower Data Center OCT-I 3-2004 10:30:59 Military Status Report Pursuant to the Servicemen's Civil Relief Act of2003 i <Last Name I First I Middle I Begin Date I Active Duty Status. ]Service/Agency r DAVIS II WILLIAM. r=- I. - . ~-~~ l Currently not on Activ! Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status ofthe Defendant(s), per the Information provided, as to all branches of the Military. ~W~~J~ Robert J. Brandewie, 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 ofthe 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. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. lofl 10/13/2004 1 :33 PM DISC VER' CARD new balancs $0.00 30 SOSN6AOl 0008132 WILLIAM DAVIS 671 SHIPPENSBURG RD NEWVILLE PA 17241-9476 minimum payment dUB $1,608.00 account number 6011 0025 9068 065a snter amount 9flclosed Wow payment due date May 29. 2004 $1 DON'T FORGET! Give Discover@ Gill Cards for Spring holidays and events. No shopping hassres or gift wrappinq. Order today al DlscovergifU:ard.com. Fees apR1V. Offer nol valid 10 residents of CT, DC, MA, ME and NH. PO BOX 15251 11I..,11..."11.11.,,1,,,11 WILMINGTON DE 19886-5251 1",111,1"1,,1,1,,1..11..,1.1,.,1,1,1.1..,.11,1.1,,,.111,1.,1 Addr~S$ or tS/sphona change? Pleas9 print change in thQ SpaCB abovB, or go to Discovercard. com. 000006011002590680658000000000000000160800 Disoover Platinum Card Aooount Summary account number payment due dats minimum payment due credit limit credit available cash credit limit cash credit available 6011 0025 9068 065B May 29, 2004 $1,60B.00 $B,200 $0 $4.100.00 $0.00 Transaotions trans. post date date Paymants and Credits - Closing Date: April 30, 2004 page 1 of 2 previous balance payments and credits purchases cash advances balance transfers FINANCE CHARGES new balance $8.984.30 8,984.30 0.00 0.00 0.00 0.00 $0.00 + + + + ~ Apr 30 Apr 30 INTERNAL CHARGE-OFF $ -8.984.30 --:: ,/ /../ ,;,.::. .- ;>.1' n 1[,/ I A v9rsge Daily Balances Daily Peflodic Rates ,:urrent bi1lina oeriod: 13 davs 1/ if h 1'tJrJlJ~L ANNUAL PERCENTAGE PERCENTAGE RATES RATES Periodic FINANCE CHARGES Transaction Fee FINANCE CHARGES ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER (S): STOCK 6011002590680658 $8,984.30 WILLIAM L DAVIS STATE OF OHIO COUNTY OF FRANKLIN H. Leo, 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 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 perj ury knowledge. ili" ,"0 [me J --...."......- , and correct to the best of my Sworn and Subscribed before me. This day of Wednesday, May 19,2004. /'/. //., ..~ ./~ .. ( / /}7"'2-z' /\ /[,t\';""1rtlr( .~ NOTARY .j r..... l!~ C-/\~it:"'Jl CASE NO: 2004-05305 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS DAVIS WILLIAM L CPL. MICHAEL BARRICK I Sheriff or Deputy Sheriff of Cumberland County/Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVIS WILLIAM L the DEFENDANT I at 1717:00 HOURS I on the 26th day of October I 2004 at 671 SHIPPENSBURG ROAD NEWVILLE I PA 17241-9476 WILLIAM L DAVIS by handing to 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 Service Affidavit Surcharge 18.00 10.36 .00 10.00 .00 38.36 Sworn and Subscribed to before . ,J I&-' me thls !J ~ day of ~ c7006 A.D. C ~I . Q 'riA,RR", # / P othonotary / So Answers: ~-:;;:!;>. ~ 1 R. Thomas Kline .;:'/~ 1'~ 10/27/2004 STROCK & GRIMES BY'~~ - Deputy Sheri ... 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, INC. P.O. Box 6011 Dover, DE 19903-6011 Plaintiff vs. WILLIAM L. DAVIS 671 Shippensburg Road Newville, PA 17241-9476 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. 04-5305 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 Discover Financial Services, Inc., and against the Defendant(s), William L. Davis, for failure to Answer the Civil Action Complaint. Assess Plaintiff's damages in the sum of $11,230.37 in accordance with the prayer of the Complaint. ~ DATE: ~k .V~I EDWARD STOr;;K," ('QUIRE:'- AFFIDA VlT 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, William L. Davis, is an adult individual and resides at 671 Shippensburg Road, Newville, P A 17241-9476. (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 DISCOVER FINANCIAL SERVICES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW Plaintiff NO. 04-5305 Civil Term vs. WILLIAM L. DAVIS 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, Inc., certifies that he sent a copy of the attached Notice on November 23, 2004 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: #(.~-:- , i/ ~ ,Z ~:r. . ,. '. _=>, EDWARD STOCK,!' SQ~ Attorney for Plaintiff " .. DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW Plaintiff NO. 04-5305 Civil Term vs. WILLIAM L. DAVIS Defendant(s) TO: William L. Davis 671 Shippensburg Road Newville, PA 17241-9476 Date: November 23, 2004 IMPORTANT NOTICE YOU ARE IN DEF AUL T 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 (I 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE 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 //;~.;. ./ /,/ . {--<' r:.. ,~. ...."..~ // '" ~--- EDWARD STOCK, ESQUIRE Attorney for Plaintiff 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 () .J.Q. 't 7J --0 1- \L ~ C> 0 ~ . 0 -J vJ V'1 r- ~ () ~ - -0 1=:- uJ r'<" (lJ ':-.1 () C'_' - ,;j" -n ~ ~ - ::;:! - C:l --:1 ' ~ ~- r _. r:) - r ~~ ) cc .< ------ -