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Home My WebLink About07-5859APOTHAKER & 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. JASON E LANE 16 RIDDLE RD CAMP HILL, PA 17011-6021 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. Qj - ?5gt5q Civil l +e.rm CIVIL ACTION COMPLAINT FIRST COUNT 1. 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 191 t4. 2. Defendant is JASON E LANE, an adult individual residing at 16 RIDDLE RD CAMP HILL, PA 17011-6021. 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 $6,741.59. 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 $6,741.59 plus costs, and reasonable attorney's fees. APOTHAKER & ASSOCIATES, P.C. Attorney Plaintiff A Law Firm Eng?ged in Debt Collecticr BY: David J. Dated: 9/26/2007 Our File No.: 116408 VERIFICATION David J. Apothaker Esc. 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 falsification to authorities. DavKJ. Apothaker Attorney for Plaintiff DATE: 9/26/2007 JASON E LANE 16 RIDDLE RD CAMP HILL, PA 17011-6021 STATEMENT OF ACCOUNT DISCOVER BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Debtor's Name: JASON E LANE Account Number: 6011002120375076 Balance Due: $6,741.59 Our File No.: 116408 EXHIBIT "A" 7p ? J S J r` 00 00 I> W O SHERIFF'S RETURN - REGULAR CASE NO: 2007-05859 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS LANE JASON E VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon T,ANF. TA.gnN R the DEFENDANT , at 1229:00 HOURS, on the 12th day of October , 2007 at 16 RIDDLE ROAD CAMP HILL, PA 17011-6021 by handing to 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 12.48 Affidavit .00 Surcharge 10.00 .00 li,bi?u7 40.48 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/15/2007 APOTHAKER & ASSOCIATES By. Deputy f A. D. Our file No.: 116408 APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff DISCOVER BANK VS. JASON E LANE Plaintiff, ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 2007-5859 Civil Action STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on November 21, 2007, STIPULATED by and between Plaintiff, DISCOVER BANK, and Defendant, JASON E LANE parties as follows: 1. Defendant agrees to pay the sum of $6,860.57, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of interest, counsel fees and court costs. 2. The sum aforesaid shall be paid by Defendant, JASON E LANE, to the attorneys for Plaintiff in the following manner: a. Payment of $1386.57 to be paid on or before November 21, 2007 and; b. Payment of $161.00 to be paid on or before December 26, 2007 and due on or before the 26 h of each month until paid in full. All checks are to made payable to DISCOVER BANK, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 I 3. If the default is not cured within 15 days after written notice to the Defendant's attorneys, then Plaintiff has the right to obtain the entry of Judgment against Defendant, JASON E LANE, ex parte, in the sum of $6,860.57, giving Defendant, JASON E LANE credit for any sums actually paid pursuant to the terms of this Stipulation. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES Attorneys for Plaintiff A Law Firm Engage' in Debt Collection t Ki erly . Scian, Esquire LANE t'V Gt„7 r r co w Our File No.: 116408 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK VS. Plaintiff JASON E LANE Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-5859 Civil Action PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION TO THE PROTHONOTARY: Please enter a judgment in favor of plaintiff, DISCOVER BANK, and against Defendant, JASON E LANE, for failure to comply with the terms and conditions of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on January 10, 2008, a copy of which is attached hereto as Exhibit "A". Assess damages in the amount of: Balance: Less: Payments: Plus: Interest from January 10, 2008 TOTAL $ 6,860.57 ( 2,576.00) Dated: August 31, 2009 David J. Apothaker, Esq. Attorney for Plaintiff 46 A Our File No.: 116408 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK vs. Plaintiff JASON E LANE Defendant David J. Apothaker, Esquire, certifies as follows: Civil Action 1. I am an attorney with the Law Firm of Apothaker & Associates, P.C., attorneys for the Plaintiff in the above captioned matter, and as such, have full and complete knowledge of the facts herein. 2. The matter was settled by and between the parties by Stipulation in Lieu of Judgment (Stipulation), on January 10, 2008, a copy of the Stipulation is attached hereto and marked as Exhibit "A". 3. Defendant breached this agreement by failing to make payments in accordance with the terms of said Stipulation. 4. Therefore, pursuant to the Stipulation, Plaintiff is proceeding towards the entry of Judgment in the amount of $6,860.57, giving the Defendant credit for payments made totaling COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-5859 $2,576.00, plus interest in the amount of $ .00, for a total of $4,284.57. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties qN8 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apothaker, Esq. Attorney for Plaintiff Dated: August 31, 2009 a Our File No.: 116408 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK VS. Plaintiff JASON E LANE Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-5859 Civil Action AFFIDAVIT OF NON-MILITARY 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 16 RIDDLE RD CAMP HILL, PA 17011-6021. 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. /1] Mary M. Snavely-Dixon, Director of the DefoseManpow r Data Center has sent back our inquiry indicated that the Defendant(s) is/are not ' th milit David J. Apothaker, Esq. Attorney for Plaintiff I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Der.,irtment -,f Defense Manpower Data Center A'TrJ.31.2ip1rf 1,2105 19 Militar,? Status E'_epvrt Pursuant to the ?erAcernembers Civil F.thef Act Last FivsvAfiddle Beyer Date kc*,e Duty Status Sei-iceAgency Nu I.: NE JA1(7 N E F-ased on the utformatinn you have Rirnished, the DWIC does not p,ssess any uiformation indicating that the individual is currently cn active duty Upn :.earchrng the mf-,mnation data banks ofthe Department ofDefense Manpower Data Center, ka -d an the mf>rmatiou that pr<.vide4. th- ar ov- is the current status of the individual as to all branches of the 2vlilitary 1,1.uY 1'•,? :'navelv••Li::on,"?i-art<r Dcj.-xiiutnt :•fDtfeuze - Ianpower Data Cniter It°,"U Wilsvn k1%, :1- Suite -101:, Arlington. VA 222(19-25.93 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 mrhtary medical care and other eligibility systems. the L)epartrjaent of Defense strongly supports the enforcement of the S,ervicemembers Civil Relief Act [50 ?JSC:S Appx yE 5011 et segJ (S CF_ j iforimerly the Soldiers' and Sailors' Civil Relief Act of 1940)_ DIvIGC has issued hundreds of thousands of "does .ivt p o sess any uif•irmatu,n indicating that the individual is currently on active duty" responses, and has experienced a small err,:,r ate In thr e,rent the individual referenced above, '..)r any family member, friend, or reps esentative asserts in any rnaimer that the uvii ideal rs can active dotty. or is otherwise entitled to the protections of the SCFA you are strongly encouraged t?:, obtain Either uer.frcatio' -. the persons active duty status by cc=ntac-ting that person's Military Service vna the "defenselink.nul" UFL provide,.3 l"--L'vv h .,,;ir l a'de evidetu. e the person is on active-duty and you tail t-a obtain this additional Military 3erviCL oeiitrc_ativri, r< ,:is, :an ,-f the S,CR r ,a_y He env,,ked against you If j, a :,btain further infl)rmativri about the person (, e.g., an "SIT, improved accurac. of DOB, a rniJ.3le name)yF r.l an stilt tit ,our r-durst .awn at tli s 77e1% site and we will pr,:>vide a new certificate f.-,r that query. Tlu.. rasp •rn ;? r-t7e r,- cirri-nt active duty static= only For historical inf2-rmati<>n, please contact the Military Set ic- S F.A 1:,oint.-- cf--: intact Se- h? ;v^? a 9ef-n elinl- rr:iNf ? 1!I,is1i C ?? `T..r F 1~,tsri T:?' F3 dts This certificate was provided based on a name and Social Security member (SSIT) provided by the requester. Pr-virnng, an erroneous name or SSN will cause an erroneous certificate to be provided. ;iet<?rF ??:6NLGXTlF'E'IiQk i._ Our file No.: 1 16408 APO'1'HAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff DISCOVER BANK Plaintiff, VS. JASON E LANE Defendant. 1117 N 14 C?DO , COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 2007-5859 Ci%:l Action STIPULATION IN LIEU OF J(iDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on November 21, 2007, STIPULATED by and between Plaintiff, DISCOVER [SANK, and Defendant, JASON E LANE parties as follows: 1. Defendant agrees to pay the sum of $6,860.57, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive, of interest, counsel fees and court costs. 2. The sum aforesaid shall be paid by Defendant, JASON E LANE. to the attorneys for Plaintiff in the following manner: a. Payment of $1386.57 to be paid on or before November 2i, 20(j7 and; b. Payment of $161.00 to be paid on or before December 26, 2007 and due on or before the 26'x' of each month until paid in full. All checks are to made payable to DISCOVER BANK, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 3. If the default is not cured within 15 days after written notice to the Defendant's attorneys, then Plaintiff has the right to obtain the entry of Judgment against Defendant, JASON E LANE, ex parte, in the sum of $6,860.57, giving Defendant, JASON E LANE credit for any sums actually paid pursuant to the terms of this Stipulation. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES Attorneys for Plaint1 A Law Firm Engaged in Debt ?Cgllection By- Kierly Scian, Esquire JASLANE lif ?ow SEP -4 PM 2.- o l ??Y'v Po P'H ?t'?.oo t?gbt a ?o L OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: JASON E LANE 16 RIDDLE RD CAMP HILL, PA 17011-6021 DISCOVER BANK Plaintiff vs. JASON E LANE Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-5859 NOTICE Civil Action 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 as indicated below. JUDGMENT FOR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE STIPULATION IN LIEU OF JUDGMENT JUDGMENT BY DEFAULT ? JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION ? JUDGMENT FOR POSSESSION ? JUDGMENT ON AWARD OF ARBITRATORS IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esp. at this telephone number: 215-634-8920 9/4/l D 9