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Home My WebLink About05-5861 STOCK & QUMES, UJ> BY: EDWARD sm, ESQUIRE LD. # 13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DISCOVER FINANCIAL SERVICES, LLC P.O. Box 6011 Dover, DE 19903-6011 COURT OF COMMON PLEAS CUMBERLAND CO UN T Y CIVIL ACTION-LAW vs. EDWARD KRONSBEIN B8R Autumn Lane Enola, PA 17025 NO. [)t;; -SPl,,1 CI'utCT&..~ I !I q !I CIVIL l\Cl'IOO "NOTICE" "AVISO" "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) dras de plaza al partir de la fecha de la dernJ.nda 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 contro de su persona. Sea avi sada que si usted no se de/iende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. 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 a sus propiedades u otros derechos importantes para usted." "You have been sued in cour\. If you wish to'defend ag<linst the cl<lims set forth in the fol~ lowing pages, you must tClke action wittlin twenty (20) days after this complJint and notice are served, by entering Cl. written J.ppdarance 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 fa;) to do so the case may proceed wi lhout you and a judgment may be entered tlgainst you by the court wi thout further notice for any _ money claimed In the complaint or for any other claim or relief requested by the \)laintifL 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. "LLEVE ESTA DEMANDA A UN ABO- GADO INMEDIATAMENTE. SI NO TIENE ABO- GADa 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PER- SONA 0 LLAME paR TE,LEFONO A LA OFI. CINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO ~RA AVERIGUAR DONDE SE PUEDE CONSE IIR ASISTENCI LEGAL. Ll\WYER CE SERVICES Court ~ninistrator -- cuUberland County Courthouse 4th Floor, One Courthouse Square carlisle, Pl\ 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, LLC P.O. Box 6011 Dover, DE 19903-6011 Plaintiff vs. EDWARD KRONSBEIN 88R Autumn Lane Enola, PA 17025-2105 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. Of; - 5'/>{, I Ccu.lL~~ CIVIL ACTION COMPLAINT IN ASSUMPSIT 1. Plaintiff, Discover Bank, issuer of Discover Card, by its agent Discover Financial Services, LLC., 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), EDWARD KRONSBEIN, 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 $9,606.72, 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 $2,401.68 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, LLC, demands Judgment against the Defendant(s), EDWARD KRONSBEIN, in the sum of $12,008.40, with interest and costs. DATE: ~k ) ) 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. ~... / '\ /- ,.i /, /.'/ JillWARD S -- -,~::~ DISC VER A P::' new balance $0.00 31 SDSN6A01 0008327 EDWARD KRONSBEIN B8R AUTUMN lN ENOlA PA 17025-2105 minimum payment (1ue $1.720.00 paymen! (Iue dale September 29, 2005 $[ accounl numlJPI 6011 0024 3037 3720 enler amOUl11 ellcloserl he/ow SAVE TODAY' Call 1-877-353-0989 to transfer your Iligt1er -rate balances to your Oiscover([1 Card or visit Discoverc<1rd,corn PO BOX 15251 111".11"".11",,11.11,,1 WILMINGTON OE 19886-5251 1,,,111,1..1,,1,1,,1,,11,,.1,1,.,1,1.1,1,,,,11,1,1,,,,111,1,,1 Address or telep/lOne change? Please print change in the space above. or go to Discovercard.com DDDDDbD11DD243D37372DDDDDDDDDDDDDDDD172DDD Discover Card Account Summary account number payment due date minimum payment due credit/imil credit available cash credit limit cash credit available 6011 002430373720 September 29, 2005 $1,720.00 $8,400.00 $-1.206.00 $4.300.00 $0.00 Closing Date: August 31, 2005 previous balance payments and credits purchases cash advances balance transfers FINANCE CHARGES new balance page 1 of 1 + + + $9.606.72 9.606.72 0.00 0.00 0.00 0.00 $0.00 + ~ Cashback Bonus@ Cashback Bonus@Anniversary Date: April 5 $ + 0.00 0.00 0.00 0.00 0.00 0.00 Previous Cashback Bonus Award Balance Purchase Award This Period Cashback Bonus Award Total Redemptions This Period Cash back Bonus Award Balance Award Available to Redeem Transactions $ trans. post date date Payments and Credits Aug 31 Aug 31 INTERNAL CHARGE-OFF Exhibit "Au Average Daily Balances Daily Periodic Rates current blffing period: 26 days Nominal ANNUAL ANNUAL PERCENTAGE PERCENTAGE RATES RATES Periodic FINANCE CHARGES $ -9.606.72 Transaction Fee FINANCE CHARGES ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER (S): STOCK 6011002430373720 $9606.72 EDWARD KRONSBEIN STATE OF OHIO COUNTY OF FRANKLIN E. Berardi, 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 LLC., 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 Plaintiffs 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, LLC. 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 know ledge 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/ \3~ R- (JICA"lJ' Affiant Sworn and Subscribed before me. This day of Wednesday, September 14, 2005. \,,'lIlft \\ aX p ", ,\~ 1>:'"" ......lI{)'" , C\ .... \ II ". , '0" " . / '. ~ ' ,'--..... .....'-',.. .Iv....___-:. '...... ~..O..-;:;-o:: '.(l- ':-,..;::. .""('(, ~*!_~ ~ i*= .- : - :',tP'" ./ : .. ">;" .,:~, '".......... .....:". " . 71'~'''''''. 0'" ~ \ " <: Or \\" Exhibit "B~""fllt\" JANICE M. DORR Notary Public, State of Ohio My Commission Expires May 17, 2009 9~d{lf,9h. A()oU./ NOTARY Requc,stfor Military Status https:!/www.dmdc.osd.mil/scraJowa/scra.pre_Select Department of Defense Manpower Data Center OCT-19-200507:31:52 Military Status Report Pursuant to the Service Members' Civil Relief Act I, Ii """ Last Name'; First/Middle ': Begin Date "Active Duty Status "Service/Agency 1 I II ___ ~,_ _ _ . , , KRONSBEIN " EDWARD I Based on the information you have furnished, the DMDC does not ~ possess any information 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. ----...::::4 ~-Z . f-",W ') \ ')--\ 6-..- ~ 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. ss 501 et seq) (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands 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) or by phone at (703-696-6762). We will then conduct fnrther 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 JD:QCRMJJAHCK ! of 1 I Oil 912005 ! 0:46 AM ;::.J t - ....::z C> ~ .....0 (J '- ~ C). ~ ~ CI\ U\ tI{ C> ~ g "-L. c-' C-, 17.... r',.:.:::- C.r1 e ~ ('::J o -n ::;l R1~ :-r~f?-l "'"- o -, ,,'."', ."l','':, .-:" ,,:t,t;~ :':::1 oiJ '-< ,"1 r~ C,,", CO SHERIFF'S RETURN - REGULAR CASE NO: 2005-05861 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS KRONSBEIN EDWARD MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KRONSBEIN EDWARD the DEFENDANT at 2059:00 HOURS, on the 15th day of November, 2005 at 88R AUTUMN LANE ENOLA, PA 17025 by handing to EDWARD KRONSBEIN 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 15.36 .00 10.00 .00 43.36 .....",a~~-.,o/ ...~ r //~-:;"'r:;-"~~-- '.'",., ~~ . . R. Thomas Kline Sworn and Subscribed to before 11/16/2005 STOCK & GRIMES/" / ;/( _~ By: /~::?O/(.L~ .--:;;:/ eputy ~h~Aff me this .n ./....{ day of 1~' 0' ~:grrY 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, LLC P.O. Box 6011 Dover, DE 19903-6011 Plaintiff vs. EDWARD KRONSBEIN 88R Autumn Lane Enola, PA 17025 Defendant(s) . Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO . 05 - 5861 PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter Judgment by Default in favor of che Plaintiff, Discover Bank, issuer of Discover Card by its agent Discover Financial Services, LLC, and against the Defendant(s), Edward Kronsbein, for failure to Answer the Civil Action Complaint. Assess Plaintiff's damages in the sum of $12,008.40 in accordance with the prayer of the Complaint. DATE:lA~~, ~ ~ //...... ,/ j ~~~ ~.~ .... ~ / (/CA~~_ .~~ EDWARD STOCJ.>" E8. . . 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, Edward Kronsbein, is an adult individual and resides at 88R Autumn Lane, Enola, P A 17025. (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, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW Plaintiff NO. 05 -5861 vs. EDWARD KRONSBEIN 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, LLC, certifies that he sent a copy of the attached Notice on December 12, 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: /~~ / ~// EDWA~.sOC~ .' /~ Attorney for Plaintiff ~, , . DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW Plaintiff vs. NO. 05-5861 EDWARD KRONSBEIN Defendant( s) TO: Edward Kronsbein 88R Autumn Lane Enola, P A 17025 Date: December 12, 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 (1 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A I-[EARING 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 OF?ICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER . '. I 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 EDWARD STOCK, ESQUIRE Attorney for Plaintiff 804 W est Avenue Jenkintown, PA 19046 (215) 576-1900 ~~ \\ f ~ ~ )J \)J ~ ~ V1 n( ~ l)J e' ~ E= -lfl- -0 \) \) ~ ~ -1- CJ Tl <__ <-4 -,- ril I ..,.~ ',') -"I ~ ) (.'l )"; ;-1 ~ ~~