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Home My WebLink About04-6371 'I STOCK & GRIMES, LLP BY: Edward Stock, Esquire I.D. # 13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff DISOOVER BANK, ISSUER OF DISOOVER CA'RD BY ITS AGENT DISOOVER FINANCIAL SERVICES, INC. P.O. Box 6011 Dover, DE 19903-6011 Plaintiff COURT OF COMMON PLEAS CUMBERL1OO) CO U N T Y CIVIL ACTION-LAW ; " , vs. " " " MARK A. BREAM 1 52 C Street Carlisle, PA 17013-1918 NO. ()lj -103"1/ C0L/~ d :! Defendant ( s) :1 i 'I i :1 ~ I ti ,i 'I :! crvn.. '1\Cl'Irn "NOTICE" .. A VISO" "Le han demand ado a usted en la corte. Si usted quiere defenderse de estas demandas ex- puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falla asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escri ta sus defensas 0 sus objeciones alas demandas en con tl'il de su persona. Sea avi sado que si usted no se defiende, la corte tomara medidas y puede continual' 13 demanda en contra suya sin previo aVlso 0 notificacion. 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 0 sus propiedades u olros derechos importantes para usted." "You have been sued in court. If you wish to defend against the claims set fortll 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 agai n st you. You are warned that -i f you fail to do so the case may proceed without you and a judgment may be entered agai nst you by the court without further notice for any money claimed In the complaint or for any other claim or rei iet requested by ttle IJlaintiff. You may lose money or property or other rights important to you. "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT m~CE. 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. ;j ii :i Ii :1 " " :1 :1 Ii jl "LLEVE EST A DEMANDA A UN ABO- GADO INMEDIATAMENTE. 81 NO TIENE ABO- GADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAn TAL SERVICIO; VAYA EN PER- SONA 0 LLAME POR TE,LEFONO A LA OFI. CINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO 4.RA AVERIGUAR DONDE SE PUEDE COr\JSE JIR ASISTENCI' LEGAL L1I,.WYER REFERENCE SERVICES . Court ~llinistrator -- CU11berland County Courthouse 4th Floor, One Courthouse Square Carlisle, P1I,. 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 I ISSUER OF DISCOVER CARD, BY ITS AGENT DISCOVER FINANCIAL SERVICES I INC. P.O. Box 6011 Dover I DE 19903-6011 Plaintiff vs. MARK A. BREAM 152 C Street Carlisle, PA 17013-1918 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. 04- (,,3'7/ (lu,L Y0L.i 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), Mark A. Bream, 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 I 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 I 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 liB" to this Complaint I 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 $7,744.36 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 $1,936.09 in an attempt to legally enforce collection of the debt due it from the Defendant{s) I 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) I Mark A. Bream, in the sum of $9/680.45/ with interest and costs. .~ I DATE :--(~4~ / RE VERIFICATION EDWARD STOCK, 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 unsworn falsification to authorities. DISC VER , ~ r \ $0.00 III"II/tlUfll jJatTl/tun UUI:I $1,422.00 account numDet OV. I UU",U IU.j'J :).Q,j.q enter amount enclosed below payment due date August 30, 2004 $L 30 SDSN6AOl 0007724 MARK BREAM 152 C ST CARLISLE PA 17013-1918 SAVE Today! Call 1-677-353-0966 to transfer your high-rate balance; to your Dlscover@Card or visit Discovercard.com. Address or telephone change? Please pnnt change In the space above or go to DJscovercard com. PO BOX 15251 11I".11"".11.11."/,,.11 WILMINGTON DE 19886-5251 1".11I.1..1..1.1,,1..11...1.1..,1.1.1,1....11.1.1....11I.1..1 000006011002070345434000000000000000142200 Discover Platinum Card Account Summary Closing Date: July 30, 2004 page 1 01 2 account number payment due date mmimum payment due credlt/lmlt credit avaitable cash credit limit cash credit available 6011 002070345434 August 30, 2004 $1.422.00 $6,000 $0 $3.000.00 $0.00 previous balance $7,744.36 ~--~-----~-------~---~._.._-- payments and credits 7,744.36 ---------- --._---- -' -~--------- - purchases + 0.00 ----------------- - --------- ----- cash advances + 0.00 ~- ---~---- -------- balance tlansfers + 0.00 ---~---------------------- FINANCE CHARGES + 0.00 ~._----"--_. -- ----------- new balance $0.00 Transactions trans. post date dale Payments and Credits Jul31 Jul31 INTERNAL CHARGE.OFF $ -7.744.36 Nommal ANNUAL TransactIOn Average Daily ANNUAL Periodic Fee Daily PeC/odic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RA TES RAT~u._ CHARGES CHARGES --~----~ -- --- current billing pe/lod: 18 days Purchases $0 0.06847% 24.99% F 24.99% $0 none Cash Adl'ances $0 0.06847% 24.99% F 24.99% $0 $0 The lales that apply to your Account are eIther fIxed (F) or they may vary (V} as noted above. EXHIBIT "A" Questions? Call1-800-OlSCOVER (1.800-347-2683) or log IIn to Oiscovercard.com. For TOO (TelecommunIcatIon Oevoee 1m the Deal) assistance, see reverse SIde. Send billing error nollce 10' D,sco....er Plalinum; P.O. Box 15192, Wilmington. DE 19850-5192. ~ .. tI ~ ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER (S): STOCK 6011002070345434 $7,744.36 MARK A BREAM STATE OF OHIO COUNTY OF FRANKLIN B. Cunningham, 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 Card member 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 peljury that the foregoing is tlUe and con'ect to the best of my knowledge. ':bLl -\ In (~Yl[lhL1-m Affiant U . . ( CD III/~ /~RY Sworn and Subscribed before me, This day of Tuesday, August 17, 2004. EXHIBIT liB" https://www.dmdc.osd.milludpdrilowalsscra.p~c _ ~1. Department of Defense Manpower Data Center . Military Status Report Pursuant to the Servicemen's Civil Relief Act of 2003 ~ast Name First Middle Begin Date ~ Active Duty Status ~ S~ice/ Agency ~:~y not on A~t::ilit~ Duty, based on the Social Security Nnmber aIld~I~~~e p;';'vided.1 Upon ~earching the infonnation data banks of the Department of Defense Manpower Data Center, the above IS the current status of the Defendant(s), per the Infonnation provided as to all branches of the Military. ' DEC-15-200411:03:38 . '~~6-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, V A 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. 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. on 12/15120042:06 PM J 6" n .... (:J ~ \( (n J"-...._' ~ (1 C7.) () U? c' , -n """',..... --I r'~~ ,~ ~ ~ C;. i ;1 f'...) -- , \.,.' '> C:.J ~ ::c) . . 'i."j <l '! (. ) F -,.... _1/1 C,.:> , .:'~I ~ 0) C, t' ---.... ----- 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. MARK A. BREAM 152 C Street Carlisle, PA 17013-1918 Defendant(s) " Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. 04-6371 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), Mark A. Bream, for failure to Answer the Civil Action Complaint. Assess Plaintiff's damages in the sum of $9,680.45 in accordance with the prayer of the Complaint. DATE:~~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 ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; (b) That Defendant, Mark A. Bream, is approximately 40 years of age, resides at 152 C Street, Carlisle, PA 17013-1918, and is self-employed. (c) That Defendant, , is approximately 40 years of age, resides at , and is a housewife. 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. --- --~-,) / I --------------., ~ DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW PI aint i ff NO. 04-6371 vs. MARK BREAM 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 January 27, 2005 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: ...z...--~~ / ) EDWA 0 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 VS. NO. 04-6371 MARK A. BREAM Defendant( s) TO: Mark A. Bream 152 C Street Carlisle, PA 17013-1918 Date: January 27, 2005 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 (1 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 INFORMA nON 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. LAWYERS REFERENCE SERVICE COURT ADMINISTRATOR -CUMBERLAND COUNTY COURTHOUSE 4TH FLOOR, ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717)~~O .. c:;~ ~ ~ / EDWARD STOCK, ESQUIRE Attorney for Plaintiff 804 West A venue Jenkintown, PA 19046 (215) 576-1900 C 7J p ~ T' -:<0 ~ ~ ~ 0 C> ',...', ~ --. -0 ~ ~ ~ C> ....() ..c ...0 ~ 6"- C> - --::t ~ ~ (; r 1-"" (~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-06371 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS BREAM MARK A BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland CountylPennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BREAM MARK A was served upon the DEFENDANT I at 1428:00 HOURS, on the 22nd day of December, 2004 at CUMBERLAND COUNTY PRISON CARLISLE, PA 17013 MARK A BREAM 1101 CLAREMONT ROAD 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. Sheriff1s Costs: Docketing Service Affidavit Surcharge 18.00 3.70 .00 10.00 .00 31.70 Sworn and Subscribed to before #' me this /0 day of C)~ .;2uo:f A.D. Lh~o~'on~;/J # So Answers: /~ .r' )i R. Thomas Kline 12/27/2004 STOCK & GRIME.;.,1 S, ...' By, I~ flI, !l Deputy Sheriff