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HomeMy WebLinkAbout06-4266 .j STOCK & GRIMES, LLP BY ~ ECMARD STOCK, ESQJIRE 1.D,# 13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff , , '; ;1 ,i .1 :i DISCXJVER BANK, ISSUER OF DISOJVER :1 CARD, BY ITS AGEl\JT DISCXJVER FINANCIAL SERVICES, LLC P.O, Box 6011 Dover, DE 19903-6011 COURT OF COMMON PLEAS aJMBERL1\ND CO U N T Y CIVIL ACTION-LAW i " " , " ;! ;1 " 'I vs. I NO. 6l.. - #J..1..b elU~L 182J.>- THERESA M. GRIMALDI 139 Regency \<Kxxls, N, Carlisle, PA 17013-9085 , , " " i\ I, 'I h ii :1 ,I ! I , i , CIVIL ~ "NOTICE" "AVlson "Le han demandado a usled en la corte. SI usted quiere defenderse de estas demandas ex. puestas en las paginas siguientes, usted tiene veinte (20) dras de plazo al partir de la techa de la demanda y /a notificacion. Hace fa/ta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 SUB objeciones alas demandas en contra de su persona. Sea avi sada que si usted no sa defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa avisa. a notlflcacion. Adem~s, la .corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propieoaoes U Dlros derechos importantes para uSled." "You have been sued in court. If you wish to'oefend against the claims set forth in the fol~ lowing pages, you must take action within twenty (20) days after this complaint and nolice are served, by entering a written appdarance person~ ally or by attorney and 1iling 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 mny proceed without you and a iudgment may .be entered against you by the court without further notice for any. money claimed in the. complaint or for a.ny 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 ,I II II "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 IIR ASISTENCj, LEGAL, L?>,.WYER CE SERVICES Court l\dninistrator -- Cu1lberland 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, LLC P,O, Box 6011 Dover, DE 19903-6011 plaintiff vs, THERESA M, GRIMALDI 139 Regency Woods N, Carlisle, PA 17013-9085 Defendant Attorney for plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO, ~-42.t,./P (3o~CT~ 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), THERESA M, GRIMALDI, 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 $10,505.27, 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 $2,626.32, 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, LLC, demands Judgment against the Defendant(s), THERESA M,GRIMALDI, in the sum of $13,131,59, with interest and costs. 1'/!-Jl DATE: VERIFICATION The undersigned, EDWARD STOCK. ESOUlRE. hereby states that he is the attorney for the Plaintiff who is located outside this jurisdiction and in order to file the within document in an expedient and timely manner, he is authorized to take this Verification on behalf of the said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, based upon information provided to him by the Plaintiff, A Verification signed by the Plaintiffwill be provided to Defendant or counsel for Defendant upon request. The undersigned understands that false statements herein are made subject to the penalties of 18 P,A,C,S..A. 9 4904, relating to unsworn falsification to authorities, EDW DISCOVER' CARD new balance $0,00 28 SOSN6A01 0004616 THERESA GRIMALDI 139 REGENCV WOODS N CARLISLE PA 17013-9085 r ml~lmum payment duel $1,988,65 account number 6011 0029 1030 8527 enter amount enclosed below $1 payment due date March 27, 2006 Consolidate bills quickly and securely with a Balance Transfer to your Discover Card - Call 1-877-353-0989 TODAYI PO BOX 15251 11I11I11"11I1.11,,1,1111I1 WILMINGTON DE 19886-5251 1",111,1"1"1,1"1"11",1,1,,,1,1,1,1,,,,11,1.1,,,,111.1,,1 Address or telephone change? Pl8ase print change In the sp8C9 above, or go to Discovercard.com. 000006011002910308527000000000000000198865 Discover Platinum Card Account Summary account number payment due date , minimum payment due credit limit credit available cash credit limit cash credit available 6011002910308527 March 27, 2006 $1,988,65 $10,000,00 $0,00 $5,000,00 $0,00 Closing Date: February 28. 2006 previous balance payments and credits purchases cash advances balance transfers FINANCE CHARGES new balance - page 1 of 1 $10,905,27 10,905.27 0,00 0,00 0,00 0,00 $0,00 + + + + = Cash back Bonus. $ + 0.00 0,00 0.00 0,00 Cashback Bonus<lll Anniversary Date: Decembar 9 Opening Cashback Bonus Balance New Cashback Bonus Earned Cash back Bonus Balance Available to Redeem $ $ Transactions trans. post date d.te 'Payments and Credits Feb 28 Feb 28 INTERNAL CHARGE-OFF Exhibit "A" Average Daily Balances Daily Periodic Rates current billing period: 19 days Nominal A....U'.L ANNUAL .m ~ PERCENTAGE PERCENTAGE RATES RATES Periodic FINANCE CHARGES $-10,905.27 Transaction Fee FINANCE CHARGES ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER (S): STATROF OHIO COUNTY OF FRANKLIN STOCK 6011002910308527 $10905,27 TIIERESA M GRIMALDI H, Leo, personally appeared before me, this day and after being duly sworn, according to law, upon hislher oath and says: I am a Legal Placement Account Manager for DISCOVER FINANCIAL SERVICES LLC., the servicing agent of DISCOVER BANK, an FDIC msured 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, LLC, maintains these records in the ordinary course of business, The statements, exhibits and supporting documentation attached to this affidavit are copies produced from our records and have been provided to counsel be a qualified representative of Discover Bank, I have reviewed our system to ensure that they accurately reflect the status of this account. The cardmember agreement governs the tenns and conditions of the relationship between Discover Bank and the debtor (s) in connection with the account. Annexed hereto is a true and correct statement of account of the balance now due and owing to Discover Bank, If the account has charged off, then the balance owed Discover Bank is equal to the charge off balance shown in the annexed statement. 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 petjury that the foregoing is true and correct to the best of my knowledge. Sworn and Subscribed before me, , day ofT esday, March 07, 2006, ..r "*y NIle lrlllld lor I1e StaIt ~ CJio My IM....,_ ()5.OO.lJ6 Exhibit "B" Request for Military Status Page 1 of2 Department of Defense Manpower Data Center _ Military Status Report .. Pursuant to the Servicemembers Civil Relief Act JUL-13-200611:38:35 < Last FirstlMiddle Begin Date Active Duty Status Servicel Agency Name GRIMALDI THERESA 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, based on the information that you provided, the above is the current status of the individual as to all branches of the Military, ~~6-~ Robert J, Brandewie, Director Department of Defense - Manpower DataCenter 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 Emollment 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 ofthe Servicemembers Civil Relief Act [50 USCS Appx. ~~ 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 strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink,rnil" URL provided below, If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions ofthe SCRA may be invoked against you, If you obtain further information about the person (e,g" an SSN, improved accuracy ofDOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only, For historical information, please contact the Military Service SCRA points-of-contact. https://www,dmdc.osd,miVscra/owa/scra.prc Select 7/13/2006 ~ 70 ~ (J1 \\- ~ Y"\ U1 ~ ~ ~ ~~~ ~ ~ ~ "- ~, , -~1 . !~"~ '\ C' , (,j ---:: c"' ~ , ',\ STOCK & GRIMES, LLP BY: Edward Stock, Esquire I.D. #13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT LLC P.O. Box 6011 Dover, DE 19903-6011 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 06-4266 Civil Term vs. THERESA M. GRIMALDI 139 Regency Woods, N, Carlisle, PA 17013-9085 Defendant(s) PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above captioned case q-'7/{)67 DATE: EDWARD S .--\ r^' - "'; SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04266 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS GRIMALDI THERESA M R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GRIMALDI THERESA M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND I as to the within named DEFENDANT , GRIMALDI THERESA M 139 REGENCY WOODS N CARLISLE, PA 17013-9085 DEFENDANT DOES NOT LIVE AT 139 OR 105 REGENCY WOODS NORTH. PER RESIDENT AT 106, DEFENDANT LIVES IN CALIFORNIA. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 6,16 5.00 10.00 .00 39.16/ dr/'J'ifbiJ C}- so..~.an swer..s...... /7.. __..;). ,__-<".<",~=_....--~;) ) -' -----:::::-:: ~-~ -- ---- /--~?/.,/ ~~?--~------- ..c' .~:,,_,. /" __ .___-/ - R. Thomas Kline Sheriff of Cumberland County STOCK AND GRIMES 08/03/2006 Sworn and Subscribed to before me this day of A,D.