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Home My WebLink About01-05221~~zr File No. 138962 ~~I'TORNEYS FOR PLAINTIFF ERIC M. BERMAN, P.C. BY: Eric M. Berman, Esquire, I.D. 83698 BY: Ron Z. Opher, Esquire, I.D. 57507 198 Allendale Road, Suite 306 King of Prussia, PA 19406 (610) 265-7720 COURT OF COMMON PLEAS -----------------------------------------X COUNTY OF CUMBERLAND DISCOVER BANK c/o ERIC M. BERMAN, P.C. TRIAL DIVISION 198 Allendale Road, Suite 306 , King of Prussia, PA 19406 CIVIL ACTION vs. Term MICHAEL E CAMBER . -----------------------------------------X 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 and notice are 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 this complaint or for any other claim or relief required 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 OR FIND OUT WHERE YOU CAN GET LEGAL HELP. AVISO Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notification. Hate falta asentar una comparencia escrita o en persona o con un abagado y entregar a la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. A demas la la torte puede decidir a favor del demandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI NO TIENE ABOGA p SO NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE, COUNTY OF CUMBERLAND BAR ASSOCIATION Address: 2 LIBERTY AVE., CARLISLE, PA 17013 Tel.: 800-990-9108 ~. Our File No. 138962 ATTORNEYS FOR PLAINTIFF ERIC M. BERMAN, P.C. BY: Eric M. Berman, Esquire, I.D. 83698 BY: Ron Z. Opher, Esquire, I.D. 57505 198 ALLENDALE ROAD, SUITE 306 KING OF PRUSSIA, PA 19406 (610} 265-7720 -----------------------------------------X DISCOVER BANK c/o ERIC M. BERMAN, P.C. 198 Allendale Road, Suite 306 King of Prussia, PA 19406 vs. MICHAEL E CAMBER ---------------------------------------------X COMPLAINT COURT OF COMMON PLEAS COUNTY OF CUMBERLAND CIVIL ACTION Term 1. Plaintiff, DISCOVER BANK , is a DELAWARE BUSINESS TRUST licensed to do business in the Commonwealth of Pennsylvania with its place of business at P.O. BOX 8003, HILLIARD, OH 43026. 2. The Defendant(s), MICHAEL E CAMBER , resides at 41 OLD GAP RD APT A CARLISLE, PA 17013-8610. 3. There is due from the Defendant(s) the sum of $6,681.28 for credit extended by~Plaintiff to Defendant(s), acct. no. 6011002451520704, and which such credit was drawn and used by the Defendant(s). pefendant(s) is in default for failure to make payments for such use. 4. The Plaintiff has made demand upon the Defendant(s) for payment of monies in the sum of $6,681.28 advanced to Defendant(s) through Defendant(s) use of the above-referenced credit account, but Defendant(s) has failed and refused to pay the said sum or any part thereof. 5. All applicable credits, if any, have been duly applied to Defendant(s) credit account. WHEREFORE, Plaintiff claims of the Defendant(s) the sum of $6,681.28 plus interest, attorneys fees and costs which are justly due and owing from the Defendant(s) to the Plaintiff. ERIC M'. BEFj~IAN, P . C . gated: JUNE 06, 2001 '("/^l ~ BY: ~~ ERIC M. BERMAN, ESQUIRE SPACE-AQ BY : ~~ RON Z. OPHER, Esquire Attorneys for Plaintiff 4 VERIFICATION RON Z. OPHER, ESQUIRE, being duly sworn according to law, deposes and says that he is of Counsel to the Law Firm of Eric M. Berman, P.C., and/or ERIC M. BERMAN, ESQUIRE, being duly sworn according to law, deposes and says that he is the Principal attorney of Eric M. Berman, P.C., attorneys for the Plaintiff, and as said attorney, he is authorized to take this verification on its behalf, and that the facts in the Complaint as set forth therein are true and correct to the best of his knowledge, information and belief. I verify that the statements made in the within instrument are true and correct. I understand that false statements are subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsifications to authorities. ~~ ERIC M. BERMAN, ESQUIRE RON Z. OPHER, ESQUIRE Dated: JUNE 06, 2001 SPACE-AQ ._._m... _ ... ..____~.... ~. _ .._ w ~_ .......~..__.. .~::,::._.m.: .._ _ ~;,>.. , '~' ATTORNEY: BERMAN 6011002451520704 BALANCE: CARDMEMBER(S): STATE OF OHIO COUNTY OF FRANKIN $6681.28 MICHAEL E GAMBER 1`~~q~2- G. Rogers, personally appeared before me, this day and after being duly sworn, according to law, upon her oath and says: THIS person is a Legal Placement Account Manager for DISCOVER FINANCIAL SERVICES INC.,the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Bank. THAT, in their capacity as Legal Placement Account Manager, Affiant has control over and access to records regarding the account of this debtor; further that the Affiant has personally inspected said account and statements regarding the balance due on said account. These Records are kept in the normal course of business. THAT the undersigned Affiant being duly sworn deposes and says that the policies and procedures of DISCOVER, BANK aid it's °servicing agent, DISCOVER FINANCIAL SERVICES, INC. are in accordance with applicable federal and state consumer and credit laws. THAT the annexed statement of account, in favor of DISCOVER BANK, is a true and correct statement and there is now due and owing to DISCOVER BANK, the sum over and above all legal set-offs. 'Attached' hereto as exhibit A is a copy of the terms of the account which we forwarded with the charge card to the Cardmember(s). THAT to the best of Affiant's knowledge and belief the defendant is employed in civilan life and by reason thereof 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. THAT this affidavit is made on the basis of Affiant's personal knowledge and in support of Plaintiff's suit on account against said Debtor. Beth A. Oakley NOTARY PUBLIC, STATE OF OHIO MY COMMISSION EXPIRES 02-15-05 Affiant BETH A. OAKLEY Notary Public In and for the State of Ohio My Commission Expires Feb. 15, 2005 Sworn and Subscribed before me this 6TH day of NOVEMBER, 2000 ~F. ~ ~ ~ ~ ~~ n~o ~_ ~ ~ ~ ~ ~~ ~~ c, a :~ c_. ._ ': - `' co ~ ~ -, ~ _' N G ~. -_, =f :» -{~„- _, DISCOVER BANK; Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL E. GAMBER, Defendant NO. 5221 CIVIL TERM 2001 CIVIL ACTION ANSWER TO PLAINTIFF'S COMPLAINT AND NOW comes Michael E. Gamber, by and through his Attorney, Jane Adams, Esquire and respectfully files the following reponse to Plaintiff s complaint: 1. Admitted. 2. Admitted. 3. Denied. 4. Denied. 5. Denied. Date: ~ ~ ~~~ ~ 1 Respectfully submitted, J!D. No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717)245-8508 ATTORNEY FOR DEFENDANT MICHAEL E. GAMBER VERIFICATION I verify that the statements made in this ANSWER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ~ ~ ~ ~ ~~ Michael E. Gamber, Defendant •1 CERTIFICATE OF SERVICE AND NOW, this 25th day of September, 2001, I, Jane Adams, Attorney for Defendant, hereby certify that a copy of Defendant's Answer to Plaintiff s Complaint has been duly served upon the counsel for the Plaintiff, by placing such in the custody of the United States Postal Service, via certified mail, postage pre-paid addressed to: Eric M. Berman, Esquire Ron Z. Opher, Esquire 198 Allendale Road, suite 306 King of Prussia, Pa. 19406 ATTORNEYS FOR PLAINTIFF Adams, Esquire No. 79465 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT ., -~,,-_: ~~ n ._ ~~_ .J 4i. ~~ ~ ~-' f ~`-' _ _. ~, Z , :y T Cf ; j i '~ C. fli '= SHERIFF'S RETURN - REGULAR CASE NO: 2001-05221 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS CAMBER MICHAEL E SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MICHAEL E DEFENDANT the at 2029:00 HOURS, on the 14th day of September, 2001 at 41 OLD GAP RD APT A CARLISLE, PA 17013 by handing to MICHAEL CAMBER 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 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 So Answers: .~Y~~ss<K~~ R. Thomas Kline? 09/17/2001 ERIC BER Sworn and Subscribed to before By: me tDhi s ,t 9 ~ day of ~~nProthonotar DISCOVER BANK, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 5221 CPJIL TERM 2001 MICHAEL E. CAMBER, :CIVIL ACTION Defendant AFFIDAVIT OF SERVICE OF DEFEND NT'S AN WER AND NOW, this October 2, 2001, I, Jane Adams, Esquire, hereby ceitify that on September 28, 2001, a true and correct copy of DEFENDANT'S ANSWER was served, via certified mail, restricted delivery, return receipt requested, addressed to: Eric Berman and Ron Opher 198 Allendale Road, Suite 306 King of Prussia, Pa. 19406 ATTORNEYS FOR PLAINTIFF e Adams, Esquire I. . No. 79465 11 South Hanover St. arlisle, Pa. 17013 (717) 2.45-8508 ATTORNEY FOII, DEFENDANT ^ Complete items 1, 2, and 3. Also complete Rem 4'rf 9estricted Delivery is desired. ^ Poiht your name and address on the reverse ei3, tlidtcan return the card Co you. I~A,tta~pEibi~.card to the back of the mailpiece, or on the Tront if space permits. 1~~Article~ Addressed to: A ~/~aG ~ AiLD~+-t ~cX. O~ / 9 yGYo 2. Article Number (Copy from servke label) PS Form 3811, July 1999 A. Received by (P/ease C. Sig ~ _^ Agent x R~ ^ Addressee D. livery addres t rent from em i? ``D Yes If S, enter delivery address below: ^ No 3. Service Type 'ir~i\ ^ Express Mail i ^ Registered ^ Return Receipt for Merohantlise ' ^ Insured Mail ^ C.O.D. ~ 4. Restricted Delivery? (Extra Free) ^ yes - Domestic Return Receipt 102596-88-1M1799 v Ron Z. Opher, Esquire Eric M. Berman, P.C. Attorney for Plaintiff Attorney#57507 198 Allendale Rd., Suite 306 King of Prussia, PA 19406 (610) 265-7720 DISCOVER BANK : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PA Plaintiff CIVIL ACTION -LAW v. MICHAEL E. GANIBER 41 Old Gap Rd Apt. A Carlisle, PA 17013-8610 NO. 01-5221 Defendant STIPULATION OF SETTLEMENT The parties, by and through their undersigned representatives, do hereby stipulate that they have agreed to a settlement of the above-captioned matter, as follows: Defendant MICHAEL E. CAMBER agrees that Plaintiff may enter judgment against Defendant for the full measure of damages sought against Defendant in the Complaint, but must refrain from execution as long as Defendant pays the minimum sum of $100.00 per month, beginning on November 15, 2001, and continuing on or before the 15th day of each consecutive succeeding month thereafter until a total of $6681.28 is paid. Once the sum agreed upon is paid, or in the event of default, once the full judgment balance is paid, Plaintiff agrees to mark the Judgment entered in this case "Satisfied." DATED: C~ - I ~ - D , BY: ~-~` n ~ .t~~ - J e Adams, Esquire A rney for Defendant DATED: ~Cif~P1 I ~. Z.~ BY: (./ w Ron Z. Opher, Esquire Attorney for Plaintiff Ron Z. Opher, Esquire Eric M. Berman, P.C. Attorney for Plaintiff Attorney#57507 198 Allendale Rd., Suite 306 King of Prussia, PA 19406 (610) 265-7720 DISCOVER BANK : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PA Plaintiff CIVIL ACTION -LAW v. MICHAEL E. GAMBER NO. 01-5221 41 Old Gap Rd Apt. A Carlisle, PA 17013-8610 Defendant PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, DISCOVER BANK: against Defendant, MICHAEL E. GAMBER, pursuant to the attached Stipuuation of Settlement. Assess damages as follows: Debt 6681.28 TOTAL $6681.28 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. Ron Z. Opher, Esquire ID #57507 Attorney for Plaintiff AND NOW ~DU, ~9 , 20~L_ ,Judgment is entered in favor of DISCOVER BANK, against Defendant, MICHAEL E. GAMBER by Stipulation, and damages assessed at the sum of Six Thousand Six Hundred Eighty-One Dollars and Twenty-Eight Cents ($6681.28), as per the above certification. Prothonotary ~~ -, OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COUTRHOUSE 1 Courthouse Square Carlisle, PA 17013 TO: MICHAEL E. GAMBER 41 Old Gap Rd Apt. A Carlisle, PA 17013-8610 DISCOVER BANK : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PA Plaintiff CIVIL ACTION -LAW v. MICHAEL E. GAMBER NO. 01-5221 41 Old Gap Rd Apt. A Carlisle, PA 17013-8610 Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding. (~ ~ . Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL RON Z. OPHER, ESQUIRE, at 610-265-7720. xon Z. Uptei+ E'squire' Eric M. Betman; P.C. " Attorney for Plaintiff Attorney#57507 198 Allendale'Rd., Suite 306 King of Prussia, PA 19406 (610) 265-7720 e~ DISCOVER BANK Plaintiff r.~ ~ ~ '' ~ 1 ~. ..,; m., ~`~ ;,~ j{ -- ,~ n; vv. ,~'rMICHAir~E. GA[MBE' 41 Old Gap Rd ~pt. A Carlisle, PA 17013-8610 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW '~ `. ~~., STIPULATION- OF SETTLEMENT The parties, by and through their undersigned representatives, do hereby stipulate that they have agreed to a settlement of the above-captioned matter, as follows: Defendant MICHAEL E. GAMBER agrees that Plaintiff may enter judgment against Defendant for the full measure of damages sought against Defendant in the Complaint,. but must refrain from execution as long as Defendant pays the minimum sum of $100.00-per month, beginning on November 15, 2001, and continuing on or before the 15th day o£ each consecutive succeeding month thereafter until a total of $6681.28 is paid. Once the sum agreed upon is paid, or in the event of default, once the full judgment balance is paid, Plaintiff agrees to mark the Judgment entered in this case "Satisfied." DATED: ~l - ~ ~ - O BY: ~n .t ~~ - J e Adams, Esquire A rtiey for Defendant DATED: ~C~c~?~' l ~~_ BY: C/ ~-" Ron Z. Opher, Esquire Attorney for Plaintiff DISCOVER BANK : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PA Plaintiff CIVIL ACTION -LAW v. MICHAEL E. CAMBER NO. 01-5221 41 Old Gap Rd Apt. A Carlisle, PA 17013-8610 Defendant CERTIFI ATION OF ADDRESSES AND AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS I, Ron Z. Opher, Esquire, being duly sworn according to law, depose and say that I am the attorney for Plaintiff and I am authorized to make this affidavit on Plaintiffs behalf. I hereby certify that the address of the Plaintiff is c/o Eric M. Berman, P.C., 198 Allendale Rd., Suite 306, King of Prussia, PA 19406. Defendant's address is 41 Old Gap Rd Apt. A, Carlisle, PA 17013-8610. In addition, Defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 or the amendments thereto. I verify that the statements made in the foregoing certification and affidavit are true and correct to the best of my knowledge, information and belief; and I understand that the statements in said certification and affidavit are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: November 26, 2001 BY: _'"~ Ron Z. Opher, Esquire for Eruc M. Berman, P.C. L8~4WtSA`~IE516 44sstllf[:I[kta3R .-uNtl.l[ex n'ar:a nxa#.1. x:. ,w ,a ~. ...~.~. .~av_~t.a~v~rvRFeu'+S36~FJl~itlP5i3.~e'NY3 ~L~'vtb~J's'~trS3'I~ z~~ ~- ~ g ~ ~ ~~ ~~ ~..(1 ~> v;~; r~'i n ~i .~ r 1 -G ~~ .~ ~~ ".~ f74 ,_, r.-- Ls -l ~~