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Home My WebLink About05-4035 SlDCK & GRIMES, LLP BY: EDWARD STOCK, ESQUIRE 1.D.# 13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff :1 'I II DISCDVER BANK, ISSUER OF DISmVER CARD BY ITS AGENT DISmVER FINANCIAL SERVICES, INC. P.O, Box 6011 Dover, DE 19903-6011 COURT OF COMMON PLEAS CUMBERL1\ND CO UN T Y CIVIL ACTION-LAW :! , ! '. d i i "I vs. '; d GERAlD L, DAVIDSON :i 61 Byers Road II if Shippensburg, PA 17257-9717 " ;! Ii 'I 'I II :1 NO.OS-.l..f~ C, uL'--rEA-~ ClVlL ~rn "NOTICE" "AVISO" "Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas ex- puestas en las paginas siguientes, usted Hene veinle (20) dras de plazo al partir de la fecha de la dernanda y Iii notificacion. Hace falta 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 contra de su persona. Sea avisado que si usted no se deflende, la corte tomara medidas y puede continuar la demanda en contra suva sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor de! demandante y requiere que usted cumpla con todas las provisJanes de esta demanda. Usted puede perder dinero 0 sus propiedades U otros derechos importantes para usted." "You have been sued in court. If you wish to'defend against the cJninls set forth in the fol- lowing pages, you must lake 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 w'lthout further notice for any money claimed in ttle 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 I, II I, il " I' II " I' d "LLEVE ESTA DEMANDA A UN ABO- GADO INMEDIATAMENTE, SI NO T1ENE ABO- GADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAn TAL SERVICIO, VAYA EN PER- SONA C LLAME POR TE,LEFONO A LA OFI- CINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO ARA AVERIGUAR DONDE SE PUEDE COi-JSE )IR ASISTENel LEGAL, Ln.WYER CE SERVICES Court l\dninistrator -- CU1tberland County Courthouse 4th Floor, One Courthouse Square Carlisle, pn. 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, ISSUER OF DISCOVER CARD, BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. P.O. Box 6011 Dover, DE 19903-6011 Plaintiff vs. GERALD L. DAVIDSON 61 Byers Road Shippensburg, PA 17257-9717 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. DS' - 4D3S {J'u i-L'--r 1fl-W'} 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, GERALD L. DAVIDSON, 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 "AU 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 $10,107.70, 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 $2,526.93, 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 the Defendant(s) GERALD L. DAVIDSON, the sum of $12,634.63, with interest and costs. IJ - of DATE: ..... --."'..---...'--) <~ ,... . -. . -------- EDW CK, ESDI.RE 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 ofPa, C.S.A. See, 4904, relating to unsworn falsification to authorities, ~-~ . "~;;' EDW - -. - --ESQUIRE' --- ~ o~sc VER CARD new balance $0,00 31 SDSN6A01 0007286 GERALD DAVIDSON 61 BYERS RD SHIPPENSBURG PA 17257-9717 minimum payment due $1,961.00 account numbe, 6011 0029 8024 4610 enter amount enclosed ""lOW I payment due date April 29, 2005 $1 FREE Additional Cards tor your Account allow you to share your creait line without sharing your Card, Caill.800.DISCOVER or visit Discovercard.comJAddltJonafCards to (earn more. PO BOX 15251 11I"'11"'..11....11.11,,1 WILMINGTON DE 19886-5251 1",111,1"1"1,1"1,,11,,,1,1,,,1,1,1,1,,..11,1,1..,,111,1,,1 Aadress or telephone change? Please print change in the space above, or ,')0 to Discovercard.com. 000006011002980244610000000000000000196100 Discover Platinum Card Account Summary account number payment due date minimum payment due crecfitffmit credit available cash credit limit cash credit avaifabJe 6011002980244610 April 29, 2005 $1,961.00 $7,600 $0 $3,800.00 $0.00 Closing Date: March 31, 2005 page 1 01 2 $10,107.70 10,107.70 0.00 0.00 0.00 000 $0.00 previous balance --------._- payments and credits purchases cash advances -----.- balance transfers + + + FINANCE CHARGES new balance + ~ Cashback Bonus<O> AWARD Cashback Bonus@Anniversary Date: April 4 Previous Cashback Bonus Award Balance $ PUfcl1ase Award This Period + Cashback Bonus Award Total Redemptions ThiS Period Cash back Bonus Award Balance Award Available to Redeem 0.00 000 0.00 0.00 0.00 0.00 $ Transactions trans. post date dale $.10,107.70 Payments and Credits Mar 31 Mar 31 iNTERNAL CHARGE-OFF Exhibit "A" Average Daily Balances current biffing period: 27 days Daily Peflodic Rates Nominal ANNUAL ANNUAL PERCENTAGE PERCENTAGE RATES RATE~ Transaction Fee FINANCE CHARGES Periodic FINANCE CHARGES ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER (S): STOCK 6011002980244610 $10,107,70 GERALD L DAVIDSON STATE OF OHIO COUNTY OF FRANKLIN R, Dinkins, 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 INe., the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Ban1e 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 tenus 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 Sworn and Subscribed before me, This day of Wednesday, April 13.2005. Exhibit "B" QJ A LU JkaJ LJ NOTARY Request far !'vlilitary Status https://www.dmdc.asd,miVudpdri/awa/sscra,prc_Select Department of Defense Manpower Data Center JUN-20-200511:27:10 Military Status Report Pursuant to the Servicemen's Civil Relief Act of2003 :: ~:iast Nam~' Fi~t~ ~ ~>~~_Middl~~i~~~~I1~~~~Ji<:ti;~~ Sta~;~_~~~~~en;iJ "DAVIDSON II GERALD "L " :: ~- ..'~- -" 1,_". .~. .-- .~_ ~~_~.~ O~ -~ ~_u~_ ~~ -,=- ..~~" ~.~.~. '~'='='_=='-'="==~-~=='="="=- ~=-~=. = -'~-"-1 :: Currently not on Active Military Duty, based on the So,:i~ ~::~~~~um~~~~~a~~na~e p~,::i~e~.! 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{&u--~ 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. Uyou 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 resnlts page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. 1 af 1 6120120052:41 PM ~ '-0.. ;:J l.n 8 ~ \:t lrt . U'l 0 ~ ~ -- - CJ fj?, r- - c:. ~~ ~ ~ ~ -t)<i'':,::'' ~ "-J II ,\1 " (,"') f:: ~ -;~'}~' I ~~ ":;''l'v> co O:J ...J -,,~' ., g:B ~ ~, r; .." ..~" :Jt. 15 ?f. 'p;.c:.:' t::CII '-!? ~:.....l, y~{--- ~ '--- ~ v) '-< u:> - SHERIFF'S RETURN - REGULAR CASE NO: 2005-04035 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS DAVIDSON GERALD L JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVIDSON GERALD L the DEFENDANT , at 1942:00 HOURS, on the 11th day of August 2005 at 61 BYERS ROAD SHIPPENSBURG, PA 17257 by handing to GERALD DAVIDSON 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 15.20 .00 10.00 .00 43.20 So Answers'r~~ R. Thomas Kline 08/12/2005 STOCK & GRIMES Sworn and Subscribed to before By: f7'~ '12.f{,p me this qf..d day of A.D. 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. GERALD L. DAVIDSON 61 Byers Road Shippensburg, PA 17257-9717 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO, 2005-04035 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), Gerald L. Davidson, for failure to Answer the Civil Action Complaint. Assess Plaintiff's damages in the sum of $12,634.63 in accordance with the prayer of the Complaint, /l L~-- DATE:~ AFFIDAVIT OF NON MILITARY SERVICE Edward Stock, Esquire, being duly sworn according to law, dep<.'ses and says: (a) That the Defendant(s) is/are not in the Military or Naval Service ofthe 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, Gerald L. Davidson, is an adult individual and resides at 61 Byers Road, Shippensburg, PA 17257-9717, (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. 2005-04035 vs. GERALD L. DAVIDSON 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 September 9, 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: EDWAR STO 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. 2005-04035 GERALD L. DAVIDSON Defendant( s) TO: Gerald L. Davidson 61 Byers Road Shippensburg, PA 17257.9717 Date: September 9, 2005 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT 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, P A 17013 (717) 240-6200 ~.----..L--._ //;;-- ~, c:::/ v '<;'_\--':;;b-'--/ ~<-- ....... ,,'./ ~,"""'.c....~!<.-....,,;" .- /( <' .",,/ ....... "..~ --"f-- '___ EDWARD SfOCK:EsQUI~ Attorney for Plaintiff 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 c -,:J p ~ r:- :-G 1- ~ ~ () ri - 0 r-O r ~ (:-~-, 0 ~ r:~:" -n - OJ' ..0 0 .-1 3 W ~ C-) :C-ri ~l rll;..;;;;' .c:. ~ 1 -n111 ~ -c:. '0 -l VJ ~~~$ (i""" """\J ,:""):'.U :.1-: ,;C) .." \-n r 0' ~)> ',\~";' "0 .< 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. GERALD L. DAVIDSON 61 Byers Road Shippensburg, PA 17257-9717 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 2005-04035 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment entered in regard to the above captioned case satisfied of record. DATE:fi/"q ~J tJ . , ~//.~.. ~. ,-" - /' EDWA D~;~, E~Q IRE f"'.' LJ c.::':-J ""n '"~~:".-~ c.,..', ..-c; r:-; ." c:t\ -r:: -,.<'