HomeMy WebLinkAbout02-2517DISCOVER BANK, by its servicing agent,
DISCOVER FINANCIAL SERVICES, INC.
Plaintiff
MARLIN L. BLOSSER
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
COMPLAINT
The Plaintiff, DISCOVER BANK by its servicing agent, DISCOVER FINANCIAL SERVICES, INC., by its attorneys,
KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of FOURTEEN
THOUSAND, EIGHT HUNDRED TWENTY-EIGHT DOLLARS AND TWENTY CENTS ($14,828.20), along with interest thereon
from Mamh 30, 2002 upon a cause of action of which the following is a statement:
1. The Plaintiff, DISCOVER FINANCIAL SERVICES, INC., agent for GREENWOOD TRUST COMPANY, is a
corporation organized and existing under the laws of the State of Delaware, having its principal office and place of business
at Post Office Box 25010, Newark, New Jersey 19726-0010.
2. The Defendant, MARLIN L. BLOSSER, is an adult individual residing at 4705 Charles Road, Mechanicsburg,
PA 17050-7711.
3. Defendant did apply for a Discover credit card with Plaintiff, and subsequent thereto, was issued same. Upon
receipt and use of said card, Defendant did agree to abide by Plaintiffs terms and conditions for said card. A true and correct
copy said Terms and Conditions is attached hereto, marked as Exhibit "A" and made a part hereof.
4. Defendant did, at various times, in various places, and for various amounts, avail himself of credit, thereby
creating a balance due and owing in the amount of ELEVEN THOUSAND, EIGHT HUNDRED SIXTY-TWO DOLLARS AND
FIFTY-FIVE CENTS ($11,862.55), as set forth on Exhibit "B" attached hereto and made a part hereof.
F:\US ER\RIK\COM P\WORK~.8427.WPD: 17May02
5. The prices charged for said goods, wares, merchandise, services, and/or labor which Defendant did charge
on said card were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant
promised and agreed to pay.
6. The balance due and owing by Defendant to Plaintiff is the sum of ELEVEN THOUSAND, EIGHT HUNDRED
SIXTY-TWO DOLLARS AND FIFTY-FIVE CENTS ($11,862.55), as appears by the Statement of Account hereto attached,
made a part hereof and marked as Exhibit "B".
7. Due to Defendant's default in payment of said amount due and owing as aforesaid, and under the terms and
conditions to which Defendant agreed upon use of the Discover card, attorney's fees have been added to said account in the
total amount of TWO THOUSAND, NINE HUNDRED SIXTY-FIVE DOLLARS AND SIXTY-FIVE CENTS ($2,965.65).
8. Plaintiff has frequently demanded payment from Defendant of said amount due and owing as aforesaid, but
Defendant has refused and neglected and still refuses and neglects to pay said amount of any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of FOURTEEN THOUSAND, EIGHT
HUNDRED TWENTY-EIGHT DOLLARS AND TWENTY CENTS ($14,828.20), together with interest thereon from March 30,
2002.
Respectfully submitted,
Robert D. Kodak
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney ID No. 18041
Attorney for Plaintiff
F:\US ER\RI K~COM P\WORK~.8427.WPD: 17 May02 2
C[assic $1,997.00
OB SDCN6A01 0~5953
NARLIN BLOSSER
q705 CHARLES RD
MECHANICSBURG PA 17050-7711
$o.00
Great Balance Transfer rates!
Call 1-800-767-7339 to see if
an oiler is available for you.
Address or tetephone change? Please prmt change tn the space above.
PO sox z52s[ IIh,,Ih,,,,ll,,,,Ihlh,I
WILMINGTON DE 19886-5251
h,,llhh,h,hh,h,lh,,hh,,hhl,h,,.Ihhh..llhh,I
000006011002756501532000000000000000199700
Discover Card Account Summary
account number 6011 0027 5650 1532
payment due date March 30, 2002
minimum payment due $1,997.00
credit limit $10,000,00
credit available $0
cash credit limit $5,000
cash credit available $0,00
Transactions
Payments and Credits
trans, pest
date date
Mar 31
Closing Date: March 31, 2002 page ~ of 2
plevious balance $11,862.55
payments and credits 11,862.55
purchases + 0.00
cash advances + 0.00
balanoa transfers + 0.00
FINANCE CHARGES + 0.00
new balance = $0.00
Mar 31 INTERNAL CHARGE-OFF
$-11,862.55
Average Daily ANNUAL
Daily Penod~ PERCENTAGE
Balances Rates RATES
cur~nt bi/ting pedod: 21 days
Purchases $0 0.05751% 20.99%
Caah Advances $0 0.06299% 22.99%
Questions? Call 1-BOO-DISCOVER (1-800-347.2683) a
Transaction
Periodic Fee
FINANCE FINANCE Rate
CHARGES CHARGES Plan
$0 none fixed
$0 $0 fixed
It pays to
DISCOVER
ROBERT D. KODAK, ESQUIRE, Attorney-in-Fact for Discover Bank, verifies that he is the attorney for the Plaintiff
herein and: that, as attorney for the Plaintiff, he has sufficient knowledge based upon information received from others
concerning the contents of the within document to make this verification; and that the facts set forth in the foregoing document
are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein
are made subject to the penalties of 18 Pa. C.S. {}4904, relating to unsworn falsification to authorities.
Dated:~
F:~US ER\RIK~COM P\WOR K~.8427,WPD: 17May02
SHERIFF'S RETURN -
CASE NO: 2002-02517 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK ET AL
VS
BLOSSER MARLIN L
REGULAR
CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Curaberland County,Pennsylvania, who being duly sworn according to
says, the within COMPLAINT & NOTICE was served upon
BLOSSER MARLIN L the
DEFENDANT , at 1757:00 HOURS,
at 4705 CHARLES ROAD
MECHA/~ICSBURG, PA 17050-7711
TED SHEIBLEY, FRIEND
on the 23rd day of May , 2002
by handing to
ADULT IN CFL~RGE
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 18.00
Service 8.28
Affidavit .00
Surcharge 10.00
.00
36.28
Sworn and Subscribed to before
me this 3/M day of
~,, ~77/~ ~ A.D.
' i~rothonotary ·
So Answers:
R. Thomas Kline
05/28/2002
KNUPP KODAK