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Home My WebLink About07-2203r APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney LD.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff DISCOVER BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. DAVID W MEISER 2007 LINCOLN ST CAMP HILL, PA 17011-3 842 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. O'7 X203 ~rucl, ~~ 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 with 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 my 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 ONE. 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AV1S0 Le han demandado a usted en la Corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a la Corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la Corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff DISCOVER BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. DAVID W MEISER 2007 LINCOLN ST CAMP HILL, PA 17011-3842 Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY // NO.. D'~' - .ZoZ~ ~ t c~~ l~ ~4y~-~'1 CIVIL ACTION COMPLAINT FIRST COUNT Plaintiff, DISCOVER BANK, is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is DAVID W MEISER, an adult individual residing at 2007 LINCOLN ST CAMP HILL, PA 17011-3842. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiffs records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $8,717.74 from December O5, 2006. 8. Although demand has been made, Defendant has failed to make payment of the amount due as above WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $8,717.74 plus costs, and reasonable attorney's fees. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm En din Debt Collection BY: _ Davi pothaker Dated: March 30, 2007 Our File No.: 91639 VERIFICATION David J. A_pothaker, Esq. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. David J. Apothaker Attorney for Plaintiff DATE: March 30, 2007 t DAVID W MEISER 2007 LINCOLN ST CAMP HILL, PA 17011-3842 STATEMENT OF ACCOUNT DISCOVER BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Debtor's Name: DAVID W MEISER Account Number: 6011002780577268 Date of Debt: December O5, 2006 Balance Due: $8,717.74 Our File No.: 91639 EXHIBIT "A" 10 ~~ Z `(SL b 0 -~ ~~- r ~_- ~~ ~-.1 --~ ~:: ;~.~ J ~n ...-8 _i- '? t ,,;,~_ ,.~ ~, .~ SHERIFF'S RETURN - REGULAR CASE N0: 2007-102203 P COMMONWEALTH ~ COUNTY OF CUM: DISCOVER BANK PENNSYLVANIA: RLAND MEISER DAVID W JESSICA HERMA SEN Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with'n .COMPLAINT & NOTICE was served upon MEISER DAVID W the DEFENDANT at 2007 ZINC at 1737:00 HOURS, on the 30th day of April 2007 STREET CAMP HILL, PA 117011 DAVID MEISER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the sam~ time directing His attention to the contents thereof. Sheriff's Cost Docketing 18.00 Service 28.80 Affidavit .00 Surcharge 10.00 .00 5~2y'o Q 56.80 Sworn and Subs ibed to before me this day of , So Answers: R. Thomas Kline 05/01/2007 APOTHAKER & ASSOCIAT S By: Dep t Sheriff A.D. Our File No.: 91639 APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia; PA 19114 (215) 634-8920 Attorneys for Plaintiff David J. Apothaker, Esquire Attorney ID #38423 DISCOVER BANK Plaintiff, vs. DAVID W MEISER Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 07-02203 Civil Action PRAECII'E TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, DISCOVER BANK and against Defendant, DAVID W MEISER, for failure to answer or otherwise respond to the Complaint -Civil Action. The Complaint was served upon the defendants on April 30, 2007 by the CUMBERLAND SherifFs Department.. Copies of the proofs of service are attached hereto as Exhibit "A". I certify, a copy of the Notice of Intention To Take Default was mailed on June 28, 2007, and also attached hereto. Assess damages in the amount of: 3 (a) Balance: $8,717.74 (b) Interest from March 30, 2007 $211.62 (c) Minus payments of $1,297.00 TOTAL $7,632.36 APOTHAKER & ASSOCIATES, P.C. Attorneys Plaintiff A Law Firm End ed Debt ~allectio~ By: David J!' Dated: 9/4/2007 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney LD.#38423 2417 Welsh iZoad, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff DISCOVER BANK ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, ) vs. ) NO.: 07-02203 DAVID W MEISER ) Civil Action Defendant. ) AFFIDAVIT OF NON-MII.ITARY SERVICE COMMONWEALTH OF PENNSYLVANIA . SS. ..COUNTY OF CUMBERLAND David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 2007 LINCOLN ST CAMP HILL, PA 17011-3842. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the efe a Manpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are no in th mili David J. Apothaker Attorney for Plaintiff The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 SEP-04-2007 07:11:31 'C Last Name FirstlMiddle Begin Date Active Dnty States Service/Agency MEISER DAVID 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. Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Deparhnent 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 strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ SOl 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.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy of DOB, 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. See: http•//www.defenselink.miUfaq/~is/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.miUscra/owa/scra.prc_Select 9/4/2007 Our File No.: 91639 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Arttorney LD.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215)634-8920 Attorney for Plaintiff DISCOVER BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. DAVID W MEISER 2007 LINCOLN ST CAMP HILL, PA 17011-3 842 Defendant. N0.07-02203 NOTICE OF INTENTION TO TAKE DEFAULT TO: DAVID W MEISER DATE OF NOTICE: June 28, 2007 IMPORTANT NOTICE You are in default because you have failed to enter a written appeazance 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 as set forth above, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 S DAVID J. APOTHAKER, ESQUIRE A Law Firm Engaged in Debt Collection 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 {215)634-8920 Attorney for Plaintiff Attorney ID #38423 S~i~RIFP' ~ R.E'~URN - REC~'~_~R ('ASE I3O: 2(107-02.203 P COMMONw'EALTH OF PENNSYLVANIA:. COUNTY OF CUMBERLAND DZSCO~lER HANK , VS MEISER DAVID W J~SBICA HERMANSEN Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, whobeingduly sworn according to iaw, says, the within .~aMPLAINT ~& NOTICE was served ugan MEISER. DAVID W the IrE~"~NllANT , at 1737:00 HOURS, on the 30th day of April 2007 at 2007 LINCOLN STREET CAMP HILL, PA 17011 by handing to DAVID MEISER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Hies attention to the contents thereof. Sheriff's Costs: Docketing service Affidavit Surcharge la.c~~ 28.80 .Q0 IO.00 .00 So A~n,,.s~wers R. Thomas..Klin~ ss.so Sworn and Subacibed to before me this of day fl5f p3.J2007 AP~xHAx~R. ~ ASSC3CIAT s By: Dept Sheriff A.D. ..: ~_ ,~ N' ~ ~- ~ Q> ~? b U C ~ `... v ~~ cn rr?, -~~~ r*t ~. t":" ~~ f; ..~ £..,, ~ ~?" t,.: ` ~ C' N C,~? ~i ~~