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HomeMy WebLinkAbout02-2783COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA DISCOVER BANK, BY ITS AGENT, DISCOVER FINANCIAL SERVICES, INC., Plaintiff VS. CIVIL ACTION Case No. 0~- AMY KNISLEY, : Defendant : : NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT IS SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY 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 FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT 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. 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COURT ADMINISTRATOR 4th FL., CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 DOUGLAS M. MARINOS & ASSOCIATES, P.C. J~r~g~. ~reir~ a, Esquire /At~'. VD. #75242 c:~t~mey for Plaintiff 101 N. Cedar Crest Boulevard Allentown, PA 18104 (610)434-2814 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, BY ITS AGENT, : DISCOVER FINANCIAL SERVICES, : INC., : Plaintiff VS. AMY KNISLEY, Defendant CIVIL ACTION Case No. O ,,[ - COMPLAINT Plaintiff, Discover Bank, By Its Agent, Discover Financial Services, Inc., ("Discover") is a banking institution with an address of 3311 Mill Meadow Road, Hilliard, OH 43026. 2. Defendant, Amy Knisley, is an adult individual with an address 108 1/2 Springhouse Road, Shippensburg, Shippensburg, Cumberland County, Pennsylvania 17257- 3. Discover issued the Defendant a credit card subject to the terms of the Cardmember Agreement ("Cardmember Agreement"). A true and correct copy of the Cardmember Agreement is attached hereto, made a part hereof and marked as Exhibit "A". 4. Defendant has incurred charges for purchases, cash advances and/or finance charges in the amount of SEVEN THOUSAND TWO HUNDRED EIGHTY-ONE and 28/100 DOLLARS ($7,281.28) as of May 21, 2002. 5. Defendant's obligations are based on a subsisting debt, was in writing and arises from a preexisting account. 6. Defendant has not objected to account statements issued. A true and correct copy of the statement is attached hereto, made a part hereof and marked as Exhibit 7. Defendant is liable to Discover on this debt as an account stated. 8. Defendant has defaulted on his obligation to make payments to Discover by failing to make any payments from and after December 31, 2001. 9. Pursuant to the Cardmember Agreement, Discover may declare all amounts due under the Cardmember Agreement immediately due and payable without notice or demand. 10. Under the Cardmember Agreement, Defendant is required to pay all the attorney's fees Discover incurred in exercising its right to collect, which Discover anticipates to be in the amount of FIVE HUNDRED and 00/100 DOLLARS ($500.00). 11. As of May 21, 2002, Defendant is indebted to Discover under the Cardmember Agreement in the amount of SEVEN THOUSAND TWO HUNDRED EIGHTY-ONE and 28/100 DOLLARS ($7,281.28), plus interest accruing from and after May 21, 2002 at the per annum rate of 6%. WHEREFORE, Discover demands judgment against the Defendant in the amount of SEVEN THOUSAND SEVEN HUNDRED EIGHTY-ONE and 28/100 DOLLARS ($7,781.28) (comprised of real debt in the amount of SEVEN THOUSAND TWO HUNDRED EIGHTY-ONE and 28/100 DOLLARS ($7,281.28) and anticipated attorney's fees in the amount of FIVE HUNDRED and 00/100 DOLLARS ($500.00)) plus interest from and after May 21, 2002, at the per annum rate of 6% and costs of suit. DOUGLAS M. MARINOS & ASSOCIATES, P.C. [ ~ffney for Plaintiff '"101 N. Cedar Crest Boulevard Allentown, PA 18104 (610)434-2814 - 2 ' }{ ,, ., ,,. ,-..- ~ -a .,, ~--,. ,, S. E ~'E -q' pC~e' ·' ~'~.0 -, ~"~=.= ~ ~_ =- = ~_ o .,.. a~ ? ' ' ' '-'" "'"'- -" "~'1 'I" /.~ -_ DISCIVER' PLATINUM January 30, 2002 $1,148.00 h,,llh,.I.hhhhh.,h,,Ih.lh,hl.,Ih,lhl AHY KNISLEY 108 1/2 SPRINGHOUSE RD SHZPPENSBURG PA 17257-1121 $o.oo accountnur~er 6011 0021 8030 1210 ;Save up to 30% on Pharmacy and o~er hea~ Irelated expenses with PtanPlus from Hea~ Beneliluht ~e~ices, Ins Call 1-800-527-7783 to enroll ~ you 16S-day FREE trial mem~ershi~ Refer to 0195E! Address or telephone change? P/ease print change in ~te space above. PO sox t5151 IIl,,,ll,,,,,ll,,,,ll,ll,,I WILHZNGTON 0E 19886-5251 I.,,llhh,l.,I,l,.h,lh.l,h,,hhhh.,Ihhl,,,,llhh,I 000006011002180301210000000000000000114800 hh nk Bonus' Closing Dots: De.ember 31, 2001 page I of I Cashback Bonus®Award v~pe~x~ todam Quaiifled PumhMes $0.00 . $0.00 Oaehbaek Bonua award eame~ $0.00 ~0.00 OaahbaekBonuaannlVeraarydale: October 4 Disoovsr Platinum Card Account Summory aooountnumber 6011 0021 6030 1210 prevfou~l~l~nM $7,126.64 payment duA date January't0, 2002 payments and ~redlts 7,126.64 mlnimumpaymentdue $1,148.00 purchases .t. 0,00 ¢~red/t//m/t $6,000 =aah advances + 0.00 ~¢edlt available balanoe ~'armfem + 0.00 =aSh ~edit llmlf ~3~000.00 each credit available $0.00 FINANCE CHARGES + 0.00 new balan~e = ~0.00 trane, psat data data Dee31 De¢31 INTERNAL GHARGE-OFF Tronsa©llons PaymAntA And CmditA $ -7,126.64 - TraneanUon ANNUAL 'rPe~Jo ~ ;Fee *,--- - ~*:'~ PERCENTAGE FINANCE FINANCE Rate RATES ~' CHARGES. ~ ,CHARGE8 , plan 14.99% ~0 none'~' :'- fixed' 19.99% $0 $0 · fixed Quemtlon.? CAll 1-800-DI$COVER (1-800-347-2683) or log on to Olscovercard.com. ForTDD (TelecommUnication Devbe for the Deaf) assistance, see reverse side. Send bBing error notice to: Discover Plat~um; P.O. Box 15192; Wilton1 gto~, DE 19850-5192. ~ VERIFICATION Discover Bank, by its agent, I, Tracey Eccles, agent of Discover Financial Services, Inc, verify that I am authorized to make this Verification on behalf of the Plaintiff and I verify that the facts contained in the foregoing pleading are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. TRACEY ~2CLES SHERIFF'S RETURN - NOT FOUND CA~ NO: 2002-02783 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS KNISLEY AMY R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT KNISLEY AMY unable to locate Her COMPLAINT & NOTICE ,Sheriff or Deputy Sheriff, who being search and in his bailiwick. but was He therefore returns the , NOT FOUND , as to the within named DEFENDANT , RNISLEY AMY NOT AT SHIPPENSBURG ADDRESS. FORWARDING OF PO BOX 493 NEW KINGSTOWN OR 12 W MAIN STREET. RESIDENT THERE SAID THEY NEVER HEARD OF HER. Sheriff's Costs: Docketing Service Not Found Surcharge 18 00 20 01 5 00 10 00 00 53 01 R. /Thomas Kline ~ Sheriff of Cumberland County DOUGLAS MARINOS 07/02/2002 Sworn and subscribed to before me this ~ day of ~ , ~o~2~ A.D. Prdt~onotary ' ' '