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Home My WebLink About04-6373 STOCK. & GRIMES, LLP BY: EIMARD STOCK, ESQUIRE LD. # 13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff " DIsmVER BANK, ISSUER OF DISCDVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. P.O. Box 6011 Dover, DE 19903-6011 Plaintiff COURT OF COMMON PLEAS CUMBERL2\ND CO UN T Y CIVIL ACTiON-LAW i: vs. i I I NO.04 - W"J3 ClU~tTVl>v1 REBECCA L. GRUBER 134 !.Duis lane Enola, PA 17025-2160 Defendant ( s) ,I " :I ~ : ;1 :1 :1 ;l i' q :1 1 II 1I I. 1\ it crvn.. l\Cl'IOO "NOTICE" "A VISO" "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) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta 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 contril de su persona. Sea avi sado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aVlso 0 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 0 sus propiedades u otros derechos importantes para usted. .. "You have been sued in COllrt. 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 J 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 agai nst you by the court without further notice for any money claimed in the complaint or lor 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 CAi..J GET LEGAL HELP. :1 if i) I; :! q h II "LLEVE ESTA DEMANDA A UN ABO- GADO INMEDIATAMENTE. 81 NO TIENE ABO- GADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAn T,<\L SERVICIO) YAY A EN PER- SONA 0 LLAME POR TE,LEFONO A LA OFI. CINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO <\RA AVERIGUAR DONDE SE PUEDE COi..JSE JIR ASISTENC\. LEGAL. LJ;.WYER REFERENCE SERVICES Court ~llinistrator -- CU1lberland County Courthouse 4th Floor, One Courthouse Square Carlisle, pJ;. 17013 (717) 240-6200 STOCK & GRIMES I LLP BY: EDWARD STOCK, ESQUIRE I.D. #13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 DISCOVER BANK I ISSUER OF DISCOVER CARD I BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. P.O. Box 6011 Dover I DE 19903-6011 Plaintiff vs. REBECCA L. GRUBER 134 Louis Lane Enola, PA 17025-2160 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. 04 - 1.cJ'1.3 C'-u;L'T~ 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) I Rebecca L. Gruber I 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 I 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 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 "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 $11,550.77 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 $2/887.69 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), Rebecca L. Gruber, in the sum of $14/438.46, with DATE, ~~~ 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. Request for Mil~tary Status https:/ /www.dmdc.osd.mi1/udpdri/ owa/sscra. prc _Select . . Department of Defense Manpower Data Center DEC-15-200411:02:43 Military Status Report Pursuant to the Servicemen's Civil Relief Act of 2003 I <Last Name First Middle I Be~i;Dat~~- ~ Active Du~ Status ! Service/Agency ~UBER ~~~C~A L __ _ _~ ____ Ii Currently not on Active Military Duty, based on the Social Security Number and last name provided. II b~~__ _ ~__ __ ~_ _ ~__ Upon searching the information data banks ofthe 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. ~~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. 1 of 1 12/15/20042:06 PM DISCOVER CARD $0.00 tlH""fIUUI paYI118m aue $2,131.00 accounr numoef au I I UU.!'1 :JU~:J If;" 1 enter amount enclosed be/ow payment due date August 30, 2004 $1 30 SDSN6AOl 0007742 REBECCA GRUBER 134 LOUIS LN ENOL A PA 17025-2160 SAVE Today! Call 1-8n-353-0986 to transfer your high-rate balances to your Discover@Card or visit Discovercard.com. PO BOX 15251 11I11.1111I1111.1111.111.11 WILHINGTON DE 19886-5251 1...111,1..1,.1,1,.1,.1'".1.1..,1,1.1,1....11.1.1""111.1.,1 AdcJress or telBphone cha~? Please print change in the space above. or go to Discovarcard.com. 000006011002450251731000000000000000213100 Discover Platinum Card Account Summary account number payment due date minimum payment due credit limit credit available cash credit limit cash credit available Transactions Payments and Credits Closing Date: July 30. 2004 page 1 of2 $11,550.77 11,550.77 + 0.00 + 0.00 + 0.00 + 0.00 $0.00 6011 0024 5025 1731 August 30, 2004 $2,131.00 $9,200 $0 $4,600.00 $0.00 previous balance payments and credits purchases cash advances balance transfers FINANCE CHARGES new balance trans. post date date Jul31 Jul31 INTERNAL CHARGE-OFF $-11,550.77 Nominal ANNUAL Transaction Average Daily ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RA rES CHARGES CHARGES current billing period: 21 days Purchases $0 0.06847"/0 24.99% F 24.99% $0 none Cash Advances $0 0.06847% 24.99% F 24.99% $0 $0 The rates lI1al apply to your Accounl are either fixed (F) or lI1ey may vary (V) as noted above. Questions? Call1-800-0ISCOVER (1-800-347-2683) or log on to Olacoven:anl.com. For TOO (Telecommunication Device lor the Deaf) assistance, see reverse side. Send billing error notice to: Discover Platinum: P.O. Box 15192; Wilmington, DE 19850-5192. EXHIBIT "A" . . ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER (S): STOCK 6011002450251731 $11,550.77 REBECCA L GRUBER 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 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 hue 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 con"ect to the best of my knowledge. r:Q.lUJY\IYlLlYlMI2m1 AffiantU . Sworn and Subscribed before me, This day of Tuesday, August 17, 2004. Q4~ EXHIBIT "B" N(J~ Ii ~ h .if( - ....a V( ~ ~ D ~(~ ~ ;'") r-." r ~:.) c. ~, - il (2 f..-~1 -~ f"' I .-r....: C) I :1 'J " r , . , ~r-: I T I C..; - "01 ~~.-) , , , r ~, ) -'-I .., , .. J I. t.... (...J ,-.:;r-~ .1 , ,- r~.I ' ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-06373 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS GRUBER REBECCA L RON KERR I Sheriff or Deputy Sheriff of Cumberland CountylPennsylvania, who being duly sworn according to law/ says/ the within COMPLAINT & NOTICE was served upon GRUBER REBECCA L the DEFENDANT I at 1805:00 HOURS/ on the 27th day of December, 2004 at 134 LOUIS LANE ENOLAr PA 17025 by handing to LAWRENCE GRUBER I HUSBAND 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 So Answers: 18.00 11.10 .00 10.00 .00 39.10 ~G~i .// ~ '4" "' ./,.~..,;.... . 7 ./.'<1';.,> ~4!' .../ "L ,......,.~;",,:...g-,..-VL,L~_ R. Thomas Kline 12/28/2004 STOCK & GRIMES Sworn and Subscribed to before By: !?~ (L----. Deputy Sheriff h. P d f me t 1 S Jo ~. ay 0 QMh '"7 c:2tJO~/ A. D. ~ a ~h / 1..P.or rothonotary / 7-,/ 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. REBECCA L. GRUBER 134 Louis Lane Enola, PA 17025-2160 Defendant(s) .. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. 04-6373 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), Rebecca L. Gruber, for failure to Answer the Civil Action Complaint. Assess Plaintiff's damages in the sum of $14,438.46 in accordance with the DATE,:JjL .. AFFIDAVIT OF NON MILlT ARY 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, Rebecca L. Gruber, is approximately 40 years of age, resides at 134 Louis Lane, Enola, PA 17025-2160, and is self-employed. , is approximately 40 years of age, resides at , and is a housewife. Affiant has ascertained the foregoing information by personal investigation and makes (cl That Defendant, 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. 04-6373 vs. REBECCA L. GRUBER 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 21, 2005 by regular mail, to the Defendant(s) at the address at which the Defendant(sl was/were served with a copy of the Complaint by the Office of the Sheriff indicated by DATE: / the court records. ~ . . DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, INe. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW Plaintiff VS. NO. 04-6373 REBECCA 1. GRUBER Defendant( s) TO: Rebecca 1. Gruber 134 Louis Lane Enola,PA 17025-2160 Date: January 21, 2005 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE F AILED 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 LA WYER 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. LAWYERS REFERENCE SERVICE COURT ADMINISTRATOR - CUMBERLAND COUNTY COURTHOUSE 4TH FLOOR, ONE COURTHOUSE SQUARE CARLISLE, P A 17013 (717) 240-6200 d ,{ ~'~ "- EDWARD STOCK, ESQUIRE Attorney for Plaintiff 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 '0 -p () ~ Ii -4:) 'L. 1L \) c; 0 .~-\ ~ ,n ~ . i''-\ ....... C> ';'.,) ~ t; -~ ~'^"'~ - ;..- ~ "\) ........ r- -\,',' - \l..l T:, -," ~ ~ L~) ~ - '" "fl r-- r