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Home My WebLink About05-4174 STOCK & GRIMES, LLP BY: EOOARD STOCK, ESQUIRE I.D. # 13657 - 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff : ~ :i i DISCDVER BANK, ISSUER OF DISCDVER i[ CARD, BY ITS AGENT DISroVER FINANCIAL : SERVICES, INC. ;ip.o. Box 6011 !i [X)ver, DE 19903-6011 , COURT OF COMMON PLEaS OJMBERL'\ND CO UN TY CIVIL ACTION-LAI'; I I vs. , " CRAIG A. GlWI'FELTY ;1 714 Meadowbrook Road :1 Carlisle, PA 17013-8985 " NO.OS -/..f!7'( C;0 il 7&."1 i! i 'I I H II Ii " CIVIL 'I.Cl'ICN "NOTICE" 'lYou have been sued in court. If you wish to'defend ag<linst the claiflls set forth in the fo!~ lowing pages, you must lake action within twenty (20) days after this complnint and notice are served, by entering <l 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 3 judgment nlClY be entered against you by the court wi thout further notice for any money claimed in the complaint or for any other claim or rei jef requested by the plaintiff. You may lose money or property or other rights important to you. "AVISO" "YOU SHOULD TAf<,E 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. "Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas ex- puestas err las paginas siguientes, usted tiene veinte (20) dias de plaza ai partir de la fecha de Ja demanda y la notificacion. Hace fait a asentar una comparencia escrita 0 en persona 0 con un abogado y en1regar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contrn 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 previa aviso 0 notificaclon. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con tadas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades U otros derachos importantes para usted. " "LLEVE ESTA DEMANDA A UN ABO. GADO INMEDIATAMENTE. SI NO TIENE ABO- GADO 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 ~RA AVERIGUAR DONDE SE PUEDE CONSE JlR ASISTENCI LEGAL. L1\WYER CE SERVICES Court "Idllinistrator -- Cu1lberland County Courthouse 4th Floor, One Courthouse Square Carlisle, P1\ 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 Plaint i ff vs. CRAIG A. GLOTFELTY 714 Meadowbrook Road Carlisle, PA 17013-8985 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. or-/..fl7lf (]'ull y~ 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, CRAIG A. GLOTFELTY, 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 "An 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 nBn 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 $12,332.42, 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 $3,083.11, 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) CRAIG A. GLOTFELTY, the sum of $15,415.53, with interest and costs. DATE: r9- /)5" ~./-) EDWAR 7 :~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 ofPa. c.S.A. Sec. 4904, relating to unsworn falsification to authorities. ..,,-'". DISC VERo CARD new balance $0.00 minimum payment due $2,294.00 account number 6011 0024 5011 6322 enter amount enclosed below payment due date June 29, 2005 $1 31 SDSN6A01 0001644 CRAIG GLOTFElTY 714 MEADOWBROOK RD CARLISLE PA 17013-8985 SAVE TODAY! Call HI00-767-7315 to transfer your higheHate balances to your Discover@! Card or visit DiscovGrcard.com Address or telephone change? Pl6ase print change in the space above, or go to Oiscovercard.com, PO BOX 15251 111...11.....11....11.11..1 WILMINGTON DE 19886-5251 (,.,111,1..1..1,1"1"11",1,1,.,1,1,1,1",,11,1,1,,,,111,1,,1 000006011002450116322000000000000000229400 Oiscover Card Account Summary Closing Oate: May 31, 2005 page 1 of 2 previous balance $12,332.42 account number 6011 00245011 6322 payments and credits 12,332.42 payment due date June 29, 2005 purchases + 0.00 minimum payment due $2,294.00 cash advances + 0.00 credit limit $10,000.00 credit available $'2,332.00 balance transfers + 0.00 cash credit limit $2,500.00 FINANCE CHARGES + 0.00 cash credit available $0.00 new balance = $0.00 Cashback Bonus. AWARD Cashback Bonus@Anniversary Date: July 6 Previous Cashbaok Bonus Award Balaome $ Purchase Award This Period + Cashback Bonus Award Total Redemptions This Period Cashback Bonus Award Balance Award Avaiiable to Redeem $ 0.00 000 0.00 0,00 0.00 0.00 Transactions Payments snd Credits trans. post date date May 31 May 31 iNTERNAL CHARGE-OFF $-12,332.42 Exhibit nAn Average Daily Balances Daily PefJodic Rates ~~'PJil~L ANNUAL PERCENTAGE PERCENTAGE RATES RATES PeriorJlc FINANCE CHARGES Transaction Fee FINANCE CHARGES current billing periorJ: 25 days Purcha.!u,!f:;t1:n f1/'laO.A70/ ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER (S): STOCK 6011002450116322 $12,332.42 CRAIG ALAN GLOTFELTY STATE OF OHIO COUNTY OF FRANKLIN R. Adkins, 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 Balli;:, 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 tbe 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 correct to the best of my knowledge. y~ Affiant Sworn and Subscribed before me, This day of Wednesday, June 08, 2005. '~ ~/ z:?NTARY Exhibit J'-'Cl..}uest tor Military Status https :llwww.dmde.osd.mil/seral owa/sera. pre _ Sele Department of Defense Manpower Data Center JUL-29-2005 07:31:22 Military Status Report Pursuant to the Service Members' Civil Relief Act ~ ~ = ~ = : -< Last Name First/Middle ._--------_.==-=~-----_. Begin Date ,,: Active J)uty Status " Servicel Agency Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. " :: GLOTFELTY CRAIG A " Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status ofthe individual, per the Information provided, as to all branches of the Military. ~w{?~Cl-~ 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 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. The Department of Defense strongly supports the enforcement of the Service Members Civil Relief Act [50 USCS Appx. 99 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds ofthousands of "does not possess any information indicating that the individual is cun'ently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are most strongly encouraged to contact us by Fax at (703-696-4156) or by phone at (703-696-6762). We will then conduct furtheT research. Your failure to re-contact DMDC may cause provisions of the SCRA to be invoked against you. This response reflects current active duty status only" For historical information, please contact the military services SCRA point of contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.html. Report ID:BYXDESULYKE )f] 7/29/2005 10:42 AM r-> -'0. G "fJ r::1:I.. (f( \l Ul. --- Ul. ~ q, - "-- CJ (") .t:. c:> 0'\ ~; <f' :1.-:!l ~ 6J ~ ""'. ~ !"1'r:: t:J -t:. G^) '~\8 - oJ.. -....!:; ~ .^ tJ'I ;:;.lS?, ';:"'4\ -<J Z}~ ~ -----.L. 6 '-? A 7' t'-> ~ ...J. - 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. CRAIG A. GLOTFELTY 714 Meadowbrook Road Carlisle, PA 17013-8985 Defendant (s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. 05-4174 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), Craig A. Glotfelty, for failure to Answer the Civil Action Complaint. Assess Plaintiff's damages in the sum of $15,415.53 in accordance with the prayer of the Complaint. ..,.".....----.... ~w~~~, DATE: If) 4k- ! 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 OT Naval Service ofthe United States or its Allies, or otherwise within the provisions of the Soldiers' and SailoTs' Civil Relief Act of Congress of 1940 as amended; (b) That Defendant, Craig A. Glotfelty, is an adult individual and resides at 714 Meadowbrook Road, Carlisle, P A 17013-8985. (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 unswom falsification to authorities. (~~f // '- DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW Plaintiff NO. 05-4174 vs. CRAIG A. GLOTFELTY 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 October 3, 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. DATE4~)k ~ ,,,,,---'---'~:.::-""-'~-.' , "-j ,. / ""WAR -, C~~' . rRE 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. 05-4174 CRAIG A. GLOTFELTY Defendant( s) TO: Craig A. Glotfelty 714 Meadowbrook Road Carlisle, PA 17013-8985 Date: October 3, 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 MAY BE 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 // -" ----.-' , EDWARD STOCK, ESQUIRE Attomey for Plaintiff 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 r) C 7d ~ ~ 'l- - ~ - B -1 \) lfl '3 w ......... ....c ~ V P= -lO. ....0 (). ~ p- E --L "CI::--' rC'r' '-;C'" '_) ~'7 r tr) ~ -z, ~<-;- ' ~I-;;' '.' '--;1" .. ~'l.-' ;t?~; ~ o ~: ....> = c;;:.::I <J" ~ (..) Q, ..... :J;,:n rl'C f"'1 :?;9 - <-\s,,), ~:~ -i-I -.J.... ~ S,\:~ ':,?, 4-? ~\; - :-<, U)