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Home My WebLink About08-4685 Our File No.: 173949 ` 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. CATHERINE M CLAY 1297 ASPER DR BOILING SPRGS, PA 17007-9617 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: C*- q(085 0'Ma le rwL 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 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 t 4 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. CATHERINE M CLAY 1297 ASPER DR BOILING SPRGS, PA 17007-9617 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: OF- q6' XS ? T'?- CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is DISCOVER BANK c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant(s) is/are CATHERINE M CLAY, an adult individual residing at 1297 ASPER DR BOILING SPRGS, PA 17007-9617. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK, issued to Defendant(s), Account #6011004730226954. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $12,847.30. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. 4 WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of ` $12,847.30 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law APOTHAKER & SOCIATES, P.C. Attorn r Plaintiff A Law Firm En d in Debt CgUectioj BY: Dated: 7/25/2008 Apothaker Our File No.: 173949 . ... VERIFICATION David J. Apothaker, 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 subject to the penalties of 18 Pa.C.S.A. 4904 relating understands that the statements therein are made David J. Apothaker Attorney for Plaintiff ion to authorities. DATE: 7/25/2008 DISCOVER BANK CATHERINE M CLAY 1297 ASPER DR BOILING SPRGS, PA 17007-9617 STATEMENT OF ACCOUNT Debtor's Name: CATHERINE M CLAY Account Number: 6011004730226954 Balance Due: $12,847.30 Our File No.: 173949 EXHIBIT "A" i. l • 4. _- CJ . V ? f f r 1 ., ('1uMM O/I I IN THE P 1 u:S COURT OF Cum 6r/""COUNTY, STATE OF he n n s y l y ?. n i G Plaintiff, Dj-5c6Uer (30.nl? vs. Defendant C,I-K er, t.,t M . C 1 ay NUMBER: b1" 416 k6 C i L, / --re 0- r)'I ANSWER TO COMPLAINT COMES NOW the Defendant in the above styled cause to answer the Plaintiffs Complaint as follows: --rr) +? a bOs T {urne_a `r? c- Pr-y, o 1 -r?'c b, P's Over -10 my h us 6anJ . Try P u 04 7-00-1 we- ?a,?+r?c? ? w f'1. rrccd o m !]z bf ej ?L SGI? It cnj nI-n cJc: pQ,/rte eni to 6ul- dC640rs. dcne }JeeGUSe w wcrr. h CLU"rlP d 4f'--C-I/y W ?S 1Je, , Q.n d 6,116, fi h n,e,elc Surc ray Dise-ouer was 2 C j oil w i -N., )? c, ,? Y.-, r r ?S w {+ c n tom., c? o o l? ?+ ?.S lucs Cvrrcn-1• -ACjc_ QCcounl,g. r u R told US to 54vp /hc k,,r7 ?4Yrn?n?S do 'rco?A?c,e-??c? w.? FD k w,+L A,, Vnde,-s Fc.,d?'?,y ?.? `T'hey wGu i d ,s r+f-1C `??-5c- deb+S P Dated this V Pvq 200k Respectfully Submitted, Signature of CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I have served the Plaintiff or its attorney with a copy of this pleading by US hd mail, postage pre-paid, on this the day of ii' ur us) , 200e Zd? Defendant t :} r..:5. '? .?. ? J ? ? ? ? " ?} ? -. \„,??, SHERIFF'S RETURN - REGULAR CASE NO: 2008-04685 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS CLAY CATHERINE M CHIEF DEPUTY RONNY ANDERSON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT Sc NOTICE was served upon CLAY CATHERINE M the DEFENDANT , at 1150:00 HOURS, on the 6th day of August 2008 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to CATHERINE M CLAY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Additional Comments DEFENDANT'S CURRENT ADDRESS IS 133 OLD STONE HOUSE ROAD SOUTH CARLISLE, PA 17015 Sheriff's Costs: So Answers: Docketing 18.00 Service 6.00 ? Affidavit .00 Surcharge 10.00 R. Th mas Kline °?`p4lc?F V 34.00 Sworn and Subscibed to before me this day 08/06/2008 APOTHAK By of A. D. r• • Our file No.: 173949 APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55140 DISCOVER BANK Plaintiff, VS. CATHERINE M CLAY Defendant. If I LS U'' LS li IJ ? I U'i ? SEP 17 2008 y SCANNED COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 08-4685 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 August 28, 2008, STIPULATED by and between Plaintiff, DISCOVER BANK, and Defendant, CATHERINE M CLAY parties as follows: 1. Defendant agrees to pay the sum of $12,959.80, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid shall be paid by Defendant, CATHERINE M CLAY, to the attorneys for Plaintiff in the following manner: a. Payment of $1,370.00 to be paid on or before August 28, 2008; b. Payment of $845.00 to be paid on or before September 26, 2008; c. Payment of $415.80 to be paid on or before October 26, 2008; d. Payments of $313.00 to be paid on or before the 26th of every month, starting November 26, 2008 until balance in full is paid. 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. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant ex parte, in the sum of $12,959.80, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, and default is not cured within ten (10) days, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to CATHERINE M CLAY by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law IF Engaged ' Collection m erly F. Scian, Esquire CATHE E M C C7 r*J ? 0 as 711 7 ?C ? -C Our File No.: 173949 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK Plaintiff, vs. CATHERINE M CLAY Defendant. c --0 3 rnCO . rn cn r- C-L cl COURT OF COMMON PLEASE CUMBERLAND COUNTY '? =» NO. 08-4685 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & Attorne . A Law Firm En 1 By: David J. AD( Dated: 4/26/2011 QIl7 3pl4 9 D lS Nll OCIATES, P.C. 'laintiff i Debt Collection Esquire F+3 C...7 r cr -v E:5 rT?i