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Home My WebLink About05-4457 STOCK & QUMES, LLP BY: ElJiIARD STOCK, ESQUIRE LD. # 13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff DIsmVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENI' DISCOVER FINANCIAL SERVICES, INC. P.O. Box 6011 Dover, DE 19903-6011 COURT OF COMMON PLEAS CUMBERL'\ND C 0 U N T Y CI'IIL ACTION-LAW , ,I ;! d ,I , vs. NO, oS -1../'IS'1 GuitTE.n..~ ,I " KEITH C. REED 477-1/2 E. King street Shippensburg, PA 17257 " " :; 'I :i " 11 :1 :1 H q u CIVIL 1iCrICN "NOTICE" "You have been sued in court. If you wish to'defend against the claims set forth in the 101- lowing pages, you must lake iJction within twenty (20) days after this complaint and notice are served, by entering a written appdarzlOce 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 tail to do so the case may proceed without you and a judgment may ,be entered against you by the court without further notice tor any money claimed in the complaint Of for any other claim or relief requested by the ~laintjff. You may lose money or property or other rights important to you. "AVISO" "Le han dem.1.ndado a usted en 1a corte. Si usted quiere defenderse de estas demandas ex- puestas en las paginas sl9uientes, usted tiene veinte (20) dias de plazo al partir de la techa de la demanda y li:1 notjfjcacion. 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 objeclones alas demandas en contra de su persona. Sea avisado que 51 usted no s€ defiende, ).1 corte tomara medidas y puede continuar l<'l demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demand ante y requiere que usted cumpla con todas las provisiones de es1a demanda. Usted puede perder dinero 0 sus propiedades U olros derechos importantes para usted. " "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 FINO OUT WHERE YOU C.AN GET LEGAL HELP, ;/ 'I I, >I I' I I "LLEVE ESTA OEMANDA 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 OF 1- CINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO 'IRA AVERIGUAR DONDE SE PUEDE CONSE )IR ASISTENCI.. LEGAL. L"'WYER CE SERVICES Court l\dmnistrator -- O.1'nberland County Courthouse 4th Floor, One Courthouse square Carlisle, P'" 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. KEITH C. REED 477-1/2 E. King Street Shippensburg, PA 17257 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW TRIAL DIVISION NO. OS - '-fLt51 CuL ~f.fl.-~ 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, KEITH C. REED, 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 $4,469.26, 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 $1,117.32, 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) KEITH REED, in the sum of $5,586.58 with interest and costs. 1/~~/d~ DATE: .. ..--._._.~ ~' / '",- - ./ .', -"-'-- - " ,,/ mwr" -; -~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. ~_.~.~--- / ""..J\.. vtR CARD p<lymenl due d'J./e January 30, 2004 minimum puymdnt due $840.00 31 SDSN6A01 0005606 KEITH REED PO BOX 389 SHIPPENSBURG PA 17257-0389 new balance $0,00 .Keounl nWllbel 6011 0020 9005 9270 ellter ~lllJOUnt encloserJ below $[ Simplifr and SOlve! Use your Discovel-(~ Card to pay 01 high-fale balances today. You can save money and consolidate your debt inlo one corlVenienl p<:\ymenL Call 1-800-767-7339 10 s&e it a special Balance r!'Clllsfer oller IS <\vi:\llable tal you. PO BOX 15251 /fI".Il.""Il""Il.Il,,1 WILMINGTON DE 19886-5251 1",111,1"1.,1,1"'"11..,1.1,,,1,1.1,1,,.,11,1,1,,.,11/.1,,1 Address or telephone change? Please print CfJal1ge in the space above, or go ,~ DiscDvelcc1.ld.com. 000006011002090059270000000000000000084000 Discover Card Account Summary account number payment due dale minimum payment due credit limit credit available cash credit limit cas!) credit available 6011 002090059270 January 30, 2004 $840.00 $4,500.00 $0.00 $2,300.00 $0.00 Closing Date: December 31,2003 page 1 of 2 $5,06926 5,069.26 000 0.00 0.00 0.00 $0.00 previous baJallce payments and credits _.-------- purchases cash advances - --.-- balance transfers + + + FINANCE CHARGES new balance + = 'Transactions trans. post date date Dee 31 Dec 31 INTERNAL CHARGE.OFF Payments and Credits Exhibit "A" $ .5,069.26 Average Daily Balances Daily Peflodic Rates current bHting period: 11 days Pl!rr.hAsA,C; HlO 0,05477% ~~7JD'%L ANNUAL PERCENTAGE PERCENTAGE RA TES flA I~~. Periodic FINANCE CHARGES Transaction Fee F/NANCE CHARGES 19.99% F 1" .....,ft ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER (S): STATE OF OHIO COUNTY OF FRANKLIN STOCK 6011002090059270 $5069.26 KEITH CREED E. 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 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 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. P. t\ JJJY\Mi~OJYYJ Affia Sworn and Subscribed before me, This day of Friday, January 09, 2004. Exhibit "B" \\uu.", "~I ."V 1> '" ,'... ~~'\""~"..A" .'0' ':...., \ I//"'~< " :""....~,. .'. :?::'",,-~ -~IIiO- : :a~. . \: :*1 i*: : ~ i : '.~ . ~ #.".... 00 , .r. ,:p~ , ,.... 'iC", .. .... ....... ':'I~..._._. 0 " ',;!:::- Of ..,," 11'''11 t" JERRY MIELE Nolacy Public, Slate of Ohio My Commission Expires February 6, 2007 _ ~""l'........M wf J.Vlllltary Status https:/ Iwww.dmdc.osd.mil/scra/ owa/scra.prc _ Sell Department of Defense Manpower Data Center JUL-19-200506:58:49 Military Status Report Pursu<mt to the Service Members' Civil Relief Act ~ ~ " ~ "~', 'I ~ ".. :: <. Last Name:: First/Middle &. .-~;- : REED : KEITH C " ", " " " " " , ~ ~ ~ ~ ~ ,,~. ..~..~~-~-~~-~~.~=.= ====l\~~' ~~ ~ ~ ~== ~--====~>' Begin Date Active Duty Status i Service/Agency -' ~-~-"---'-'-" .----.~~~-~~~__.___c~_-~~_-~~~~~~~~~~_____c__~-_-~~~-~_=~~__.~.__ _ Based on the information you have furnished, the DMDC does not possess any infonnation indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the individual, per the Information provided, as to all branches of the Military. -f:?Wr)&u-~ Robert 1. 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, The Department of Defense strongly supports the enforcement of the Service Members Civil Relief Act [50 USCS Appx. gg 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 currently 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) orby phone at (703-696-6762), We will then conduct further 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: hUp:! Iwww.defenselink.mil/faq/pis/PC09SLDR.html. Report ID:TZDWMGLZNX If! 7/1912005 10:07 AM (J {Q. g ~ ~ .-' ~ \. Ci r? ,.- ~:) V\ iJ" :1"'"' 'j:;.... <:.::: r(\f-~ trt t,;") ---fll--\" - \) ", .:-,~c,? - ,p - ..<t:) ..- W ~ ~_.,-- . . . -~\ -0 ..-.;" . ,"!;"{:;;) V\ -' 0. -<. ~-. ,'" ~ C,) ,-) ~ ~.A ~ r.-' 'a. -' ------- - SHERIFF'S RETURN - REGULAR CASE NO: 2005-04457 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS REED KEITH C ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon REED KEITH C the DEFENDANT , at 1840:00 HOURS, on the 21st day of September, 2005 at 477-1/2 E KING STREET SHIPPENSBURG, PA 17257 by handing to KEITH CREED 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 32.00 .00 10.00 .00 60.00 So Answers: ~~/~~ , R. Thomas Kline 09/22/2005 STOCK & GRIMES day of BY'~J~~JkA D puty Sheriff Sworn and Subscribed to before y -, 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. KEITH C. REED 477 ~ E. King Street Shippensburg, PA 17257 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. 2005-04457 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), Keith C. Reed, for failure to Answer the civil Action Complaint. Assess Plaintiff's damages in the sum of $5,586.58 in accordance with the prayer of the Complaint. DATE J I-j I /(J~ ~~/~ ., ~ . 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 of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; (b) That Defendant, Keith C Reed, is an adult individual and resides at 477 Y2 E. King Street, Shippensburg, PA 17257. (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. \ ,/// rk ~/ {.~;L/5 . .-- (,..." -........ / --., / . . . DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW Plaintiff NO. 2005-04457 vs. KEITH C. REED 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 20, 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: /f-Irf) ') / ~~~, EDWARD ST CK, ftSQUIRE Attorney for Plaintiff . . . DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIV1L ACTION-LAW vs. No. 2005-04457 KEITH C. REED Defendant( s) TO: Keith CReed 477 y, E. King Street Shippensburg, P A 17257 Date: October 20, 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 (l 0) 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 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 THA T 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 ~~ ( '_~ ,L_;./ /'''''--;::-~''- EDWARD STOCK, ESQUIRE Attorney for Plaintiff 804 West Avenue Jenkintown, PA 19046 (215) 576- 1 900 t )::j () 4:). It- r- ...0 tI, " \) r - --- \) ....( >--J ~ -- w -0 ....::0 C> ~ ?-=- ;::?: (0) -n !l.f ..,() C.XI - \::Y ",,--- ::;:! c> Iii:::' R g -...::: ro'. -"~iT; _J :I '.-:~) ---{" J~ -,' - C' c) 0