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Home My WebLink About05-2670 "LLEVE ESTA DEMANDA A UN AGO. GADa INMEDIATAMENTE. SI NO TIENE AGO- GADa 0 SI NCTIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PER- SONA 0 LLAME POR TE,LEFONO A LA OFI- GINA GUY A DIREGGION SE ENGUENTRA ESCRITA ABAJO ~RA AVERIGUAR DONDE SE PUEDE CONSE JIR ASISTENCI LEGAL. Ll\WYER CE SERVICES Court l\dllinistrator -- Cu11berland County Courthouse 4th Floor, One Courthouse Square Carlisle, Pl\ 17013 (717) 240-6200 STOCK & ~IMES, LLP BY: ID-IARD STOCK, ESQUIRE LD. # 13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 , , iDISOJVER BANK, ISSUER OF DISCOVER CARD, " :BY ITS AGENT DISCOVER FINANCIAL :iSERVICES, INC. :lP.O. Box 6011 ;!lX>ver, DE 19903-6011 , I vs. ,j Ii KEVIN WHITE !il07 George Street Ii Enola, PA 17925 II ! i! 'i Ii II II h CIVlL l\Cl'ICN "NOTICE" "You have been sued in court. If you wish to"defend against the claims set forth in the fol. lowing pages, you must t.Jke 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 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. i , , II !I " I 11 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERL1\ND COUNTY CIVIL ACTION-LAW NO. ()6d.{P70 C~ "AVISO" "La han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas ex- puestas en las pagjnas siguientes, usted tlene veinte (20) dras de plaza al partir de la techa de la demanda y la notificacion. Hace faHa asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contriJ de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suva sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de est a demanda. Usted puede perder dinero 0 sus propiedades U otros derechos importantes para usted. " 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. KEVIN WHITE 107 George Street Enola, PA 17925 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO_ 05- ';1.(., 70 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) ,KEVIN WHITE, 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 $7,480.09 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 $2,370.02 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), KEVIN WHITE, in the sum of $11,850.04, with interest and costs. DATE:~ 1:<' --()~ // , ,~ , .-;T' ".-___.... ....~~.,~.'~.,'. EbwARP/SWCK, EsbUI~E VERIFICATION EDWARD STOCK, ESQUIRE, Attorney for the 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 Pa. C.S.A. Sec. 4904, relating to unsworn falsification to authorities. -c''''--~ <...~ ~~7 _<// ;?:::; ,'. ' EDWARD ,~~- DISC VFR CARD new balance $0.00 minimum payment due $1,606.00 account number 6011 0034 3000 3705 enter amount enclosed below payment due date January 30, 2005 $/ 31 SDSN6A01 0008440 KEVIN WHITE 107 GEORGE ST ENOLA PA 17025-2719 FREE Additional Cards tor your Account allow you to share your credit line without sharinQ your Card. Call 1-BOQ-DISCOVER or visit Dlscovercard.com/AdditionaICards to learn more. Address or telephone change? Please print change in the space above, Of go to Discovercarcfcom. PO BOX 15251 11I."11.",,11.,,.11.11,,1 WILMINGTON DE 19886-5251 1",11/.1"1,.1,/.,1"1/",1,/".1,1,1,/.,,,1/.1,1,,.,111,1,.1 000006011003430003705000000000000000160600 Discover Card Account Summary Closing Dale' December 31, 2004 page 1 of 2 account number 6011 0034 3000 3705 previous balance $9,480,09 payment due date January 30, 2005 payments and credits 9,480.09 minimum payment due $1,606.00 purchases + 0.00 creditfimit $5,500.00 cash advances 0.00 credit avaifab{e + $'3,980.00 cash credit limit $2,800.00 balance transfers + 0.00 cash credit available $0.00 FINANCE CHARGES + 0.00 new balance = $0.00 Transactions trans. post date date Payments and Credits Dee 31 Dee 31 INTERNAL CHARGE,OFF $ -9,480.09 Exhibit "A" Average Daily Balances Daily Peflodic Rates Nominal ANNUAL ANNUAL PERCENTAGE PERCENTAGE !/1TES _ RATEL_ Periodic FINANCE CHARGES Transaction Fee FINANCE CHARGES current bilJing period: 27 days , . ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER (5): STOCK 6011003430003705 $9,480.09 KEVIN WHITE STATE OF OHIO COUNTY OF FRANKLIN R. Jones. 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 tbese records in the ordinary course of business. THAT the annexed statement of account is a tme 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 ahove 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 Swom and Subscribed before me, Tbis day of Wednesday, January 12,2005. ~,A~ NOTARY ",,\~fiiAt:i'i"", ,.....;,,0 '1/"_. '_~Q \ KATHERINE A. QUEEN i Notal'! Pulllic, State of Ohio "- '" ,.\. 0 /My Commission Expires 10/11/2009 -";;' .,;........,.' ...~..~.r~ OF O;:.>J .."...."...... Exhibit "B" . - Request for Military Status Page I of I Department of Defense Manpower Data Center FEB-01-2005 10:58:56 Military Status Report Pursuant to the Servicemen's Civil Relief Act of2003 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency WHITE KEVIN Currently not on Active 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 of the Defendant(s), per the Information provided, as to all branches of the Military. ~w';~u-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1 600 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 snbmitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owa/sscra.prc_Select 2/1/2005 ~~ l~ ~ ~ "'" ~ '\J i\ w ~" ~ ~~ ~&cr, \ \ \ ~\~~ ~ I' " ~ C) -q 0.." _--( -r: ~'"< i','; P-,) (...) --", r-., ~ f'J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DISCOVER FINANCIAL SERVICES,INC. P.O. BOX 6011 DOVER, DE 19903-60 II Plaintiff : No. OS. - -2670 v. KEVIN WHITE 107 GEORGE ST. : CNIL ACTION - LAW DEFENDANTS ANSWER AND NOW, this (p~ day of June, 2005, comes the Defendant, Kevin White, by his attorneys, the CGA Law Firm (Countess Gilbert Andrews), Lawrence V. Young, Esquire, and does file the within Answer averring that: 1. The identity of the Plaintiff is admitted. 2. The identity of the Defendant is admitted. 3. It is admitted that the Plaintiff issued a credit card to the Defendant. That card has, however, cancelled for a period in excess of 6 years, or so the Defendant recalls. It is believed that the statue oflimitations on the collection of this outstanding account has expired. 4. Use of the credit card is admitted. The use as averred is not. 5. Exhibit "A" is not believed to be an accurate statement ofthe Defendant's account. As noted in paragraph 6 ofthe Plaintiffs Complaint, below the outstanding indebtedness is $7,480.09, {OO14450911} 6. It is admitted that repeated requests have been made, The Debtor believes that he has made significant payments, sufficient to pay down this account, but they have repeatedly been assessed against other charges and not used to pay down the obligation in question. 7. Denied. The sum of $2,370.02 is not a "reasonable attorney collection fee" for a form Complaint that, in all likelihood, contains misstatements of fact. 8. It is admitted that the Defendant is not in the military services, 9_ Admitted. Wherefore, the failure of the Plaintiffto accurately account for the amount due and owing, and for the charging excessive attorneys fees for thee limited work done herein, should cause the dismissal of the Complaint. Respectfully submitted, CGA Law Firm L~g~~ Supreme Ct. I.D. No. 21009 135 North George Street York, PA 17401 (717) 848-4900 10(14450911) VERIFICATION I, the undersigned, Kevin White, hereby affirm that the facts contained herein are true and correct to the best of his knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Dated: v,/tJ//oS . . 1~e~ Kevin White {OO143440/J} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. P.O. BOX 6011 DOVER, DE 19903-6011 Plaintiff : No. 05-SU-2670 v, KEVIN WHITE 107 GEORGE ST. : CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned hereby certifies that on June 3, 2005, she served a true and correct of copy of the attached Answer via United States Mail, First Class, postage prepaid, upon the following: Stock & Grimes, LLP Edward Stock, Esquire 804 West Avenue Jenkintown PA 19046 Kevin White 107 George St. Enola PAl 7925 ~.~ '~nj om~r-- Lega Assistant CGA Law Finn 135 N. George St. York, PA 17401 (717)848-4900 \001445091\\ (") c ~- "'-3t-~: (\' ; \~ {~~\) ~.~,'{ .~t.;~:- -Z -'-\ -<. ~ 'fj. ~ ~ \ -i --0 :s <;? -' -c -r\ 1"1"": -011' ':f!t? '-,,~q, "":f.....,-"\ qn _,,-ft' '3 ~ - .' s::" - - SHERIFF'S RETURN - REGULAR CASE NO: 2005-02670 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS WHITE KEVIN VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon WHITE KEVIN the DEFENDANT , at 0020:07 HOURS, on the 25th day of May 2005 at 107 GEORGE STREET ENOLA, PA 17025 by handing to KEVIN WHITE a true and attested copy of NOTICE together with COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service So Answers, Surcharge 18.00 11.10 .00 10.00 .00 39.10 r~~#~ R. Thomas Kline OS/25/2005 STOCK & GRIMES Sworn and Subscribed to before By: //fI- h-- e uty Sheriff me this S'~ day of ~ dons A.D. *O'~ P othonotary .~ 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, KEVIN WHITE 107 George Street Enola, PA 17925 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 2005-02670 PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above captioned case discontinued. DATE: 7d"k' EDWA o ~ ",,- -t)1:t\ }':~\,C, ~7 "', ~;'-f ' (,Y'; y. ~ ~ 'e:, ,- -- -- -.... l:;~L, !::~;:: -y~c.-: "'/' 2 Q. ~:!l ;;:;: -0'" -;2t:? (.1(') ::.:c:J;.; 0(") -Z-r(1 ;:-~ ~~ 04 ~ -- -- u' cP