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Home My WebLink About06-4490 STOCK & GRIMES, LLP BY: ECMARD S'roCK, ~ 1.D,# 13657 804 West Avenue Jenkint=, PA 19046 (215) 576-1900 Attorney for Plaintiff , ;1 '1 !I DIsrovER BANK, ISSUER OF DISQ)VER CARD, BY ITS AGEl'lT DIsrovER FINANCIAL SERVICES, LLC P,O, Box 6011 Dover, DE 19903-6011 COURT OF COMMON PLEAS CllMBERL1IND CO U N T Y CIVIL ACTION-LAW vs, NO. O~ -'1Lf9CJ (!:luL J~ i I I, I )1 11 :1 :1 :i ij 'I I II II PATRICIA HGIARD 162 E, Lauther Street Carlisle, PA 17013-3027 crvn. l\Cl'ICB "NOTICE" "You have been sued in court. If you wish to'defend agninsl the claims set forth in the fol- lowing pages, you must take 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 1ai 1 10 do so the case may proceed wi thout you and a judgment may .be entered against 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 plaintiff. You may lose money or property or other rights important to you, "AVISO" "Le han demandado a usted en la corte. SI usted quiere defenderse de estas demand as ex~ puestas en las paginas siguientes, usted tiene ve/nle (20) dras de plazo al partir de la techa de la demanda y 1.:1 notiticacion. Haee talta asentar una comparenciaescrita 0 en persona 0 con un abogado y entregar a la corte an forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avi sa do que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la ,corte pueda decidir a favor del demandante y requiere que usted cumpla con todas Jas provis;ones de asta demanda. Usted puede perder dinero 0 sus propiedades u alros 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. i II 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 CQ,'.JSE II R ASISTENCI', LEGAL. L".WYER CE SERVICES Court l\dninistrator -- Cu11berland 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. PATRICIA HOWARD 162 E. Louther Street Carlisle, PA 17013-3027 Defendant Attorney for plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 0(.- (},'u~L ~~ 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), PATRICIA HOWARD, 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 $15,887.33, 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 $3,971.83, 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), PATRICIA HOWARD, in the sum of $19,859.16 with interest and costs. DATE: ~/-6~ EDWAR VERIFICATION The undersigned, EDWARD STOCK.. ESOUIRE, 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 10 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 Plaintiff will 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. 94904, relating to unsworn falsification to authorities. EDW I-"'-~.._--_. DISCOVER' CARD new balance $15,887.33 minimum payment due $1 ,492.00 account numbe, 6011 0021 1951 9452 enter amount enclosed below payment due date June 15, 2006 $1 Please make check payable to Discover Platinum Card. You are overlimit. Pay the sum of the monthly minimum payment plus the overlimit amount of $885.33. 16 $D$N6A01 0004641 PATRICIA HOWARD 162 E LOUTHER ST CARLISLE PA 17013-3027 Consolidate bills quickly and securely with a Balance Transfer to your Discover Card. Call 1.877.353.0989 or visit Discovercard.com/balancetransfer TODA VI Address, e.mail or telephone change? Print change in space above, or go to Discov8rcard.com. Print your e-mail address to receive important Account information and special offers. PO BOX 15251 11I",11......11.11",,11,1 WILMINGTON DE 19886-5251 1",1/1,1"1"1,1"'"11",',',,,1,1,1,1,,,,11,1,1,,,,111,1,,1 000006011002119519452158873300000000149200 Disfover Platinum Card Account Summary Closing Date: May 16, 2006 page 1012 previous balance $15,503.94 aCcount number 6011 0021 1951 9452 payments and credits 0.00 'payment due date June 15, 2006 purchases + 78.00 minimum payment due $1,492.00 cash advances + 0.00 credit limit $15,002.00 _. credit available $0.00 balance transfers + 0.00 cash credit limit $7,600.00 FINANCE CHARGES + 305.39 cash cradn available $0.00 new balance = $15,887.33 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Cashback Bonuse Opening Cashback Bonus Balance New Cashback Bonus Earned $ + 40.02 0.00 40.02 0.00 Cash back Bonus Balance Available to Redeem $ $ Cashback BonuS@ Anniversary Date: March 16 Transactions Other/Miscellaneous trana. post date date May 16 May 16 LATE FEE May 16 May 16 OVERLlMIT FEE Exhibit "A" $ 39.00 39.00 ,. W[1i!e we ar~ '?8~~t~~_~I1~~r ~h_~_q~rcj'!l~f!1Pf!r_ ~gr~f!'!!'!.'2( tc! l'?.c.re.a~.,! Jf!~ AffJ~.on y(}~( -1~YI](I:~_82~f!~~J:~U! _ _ _ __ payment was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for details. ........... ATTENTION ............ ATTENTION ........... ATTENTION .....u... ATTENTION UUU.. ATTENTION .......... Your account is sen'ously past due. Payment of the amount due and arrangements for future payments should be made immediately. ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER (S): STOCK 6011002119519452 $15887.33 PATRICIA HOWARD 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 LLC., the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Banle 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. 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 terms 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 peIjury that the foregoing is t e and correct to the best of my knowledge. " Affiant EKhibit Request for Military Status Page I of2 Department of Defense Manpower Data Center _ Military Status Report WI' Pursuant to the Servicemembers Civil Relief Act JUL-24-2006 11 :38:31 < Last First/Middle Begin Date Active Duty Status Servicel Agency Name HOWARD PATRICIA 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 ofthe 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 ofthe Military. ~~6-~ Robert J. Brandewie, Director Department of Defense - Manpb,wer Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 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 stroggly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 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 oblain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to oblain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about Ihe 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:llwww.dmdc.osd.mil/scra/owa/scra.prc _Select 7/24/2006 "]:J () ~ *' ~ ~ 01 ~ W C> )) :0 :0 ~ - f 3 ~.. !~ ~ 1\n i5 ~~ '- i~ -" ~%~~ ~g ~ ~ ;;~ a ~ ~ ~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-04490 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS HOWARD PATRICIA JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - ASSUMPSIT was served upon HOWARD PATRICIA the DEFENDANT at 1412:00 HOURS, on the 16th day of August , 2006 at 162 E LOUTHER STREET CARLISLE, PA 17013 by handing to PATRICIA HOWARD a true and attested copy of COMPLAINT - ASSUMPSIT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 4,40 ,00 10,00 ,00 32,40/' q )~(, r 0 ft> So Answers:. // ~ .r~%>'n;p!<: -1' .~..J' R, Thomas Kline ~ 08/17/2006 STOCK & GRIMES Sworn and Subscibed to By: ~~ before me this 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, LLC P,O. Box 6011 Dover, DE 19903-6011 Plaintiff vs, PATRICIA HOWARD 162 E, Louther Street Carlisle, PA 17013-3027 Defendant(s) ... Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. 06-4490 Civil Term 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, LLC, and against the Defendant(s), Patricia Howard, for failure to Answer the Civil Action Complaint, Assess Plaintiff's damages in the sum of $19,859,16 In accordance with the prayer of the Complaint, DATE: q -~8-o~ 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, Patricia Howard, is an adult individual and resides at 162 E. Louther Street, Carlisle, P A 17013-3027. (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, 06-4490 Civil Term vs. PATRICIA HOWARD 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 September 12, 2006 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: q..~ f, 0& EDWA~ ~ 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. 06-4490 Civil Term PATRICIA HOWARD Defendant( s) TO: Patricia Howard 162 E. Louther Street Carlisle, P A 17013-3027 Date: September 12,2006 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, P A 17013 (717) 240-6200 EDW~QUIRE Attorney for Plaintiff 804 West Avenue J enkintown, P A 19046 (215) 576-1900 C N ~ .lQ.. ~ \ ...0 t- . C> Cl 1"..) r- ~~;~ 0 - '-- = ~ ~,~,,. cf' "TO ('\- ........ ,-. C') :~ f' ~ """'- r'~) -...-~ r,' :D ~ ~ f! r-- I ~'1 ~ ~ 0' .'T~ Vv ( ., -0 , ~ 0- -C :::i~ -r: to') or- ~ l)? :5111 ~ :D :-1 c...) )>. -I- ~o -.l .-< ~