HomeMy WebLinkAbout08-5256
STOCK & GZIMFS, • LLP
BY: Edward Stock, Esquire
I.D:# 13657
804 ;nest Avenue,
Jenkintown, PA 19046
(215) 576-1900
DISCDVER BANK, ISSUER OF
DISCOVER CARD, BY ITS AGENT
DFS SERVICES, LLC
P.O. Box 7112
Dover, DE 19903
VS.
DEBRA G. ANDIORIO
230 Bosler Avenue
#B
Lemoyne, PA 17043=2046
CIM AMON
"NOTICE"
"You have been. sued in court. If you wish
to'defend.against the claims set forth in the fol-
lowing pages, you.must take action within twenty
(20) days after this complaint and notice are
served, by entering a written appdarance person-
ally 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
Attorney for Plaintiff
r s
COURT OF COMMON PLEAS
CUMBERLAND . COUNTY
CIVIL ACTION-LAW
NO . 08 SIX 01-lytt Teth
"A V I SO"
"Le han demandado a usted en la torte. Si
usted quiere defenderse de estas demandas ex-
puestas en gas 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 en persona o con un
abogado y entregar a la torte en forma escrita
sas defensas o'sus objeciones a las demandas
en contra de su persona. Sea avi sado que . si
usted no se defiende, la torte tomara medidas
y puede continuar la demanda en contra suya sin
previo aviso o notificaci6n. Ademas, la torte
puede decidir a favor del demandante y requiere
que usted cumpla con todas. las provisiones de
esta demanda. Usted puede perder dinero o sus
propiedades u otros derechos importantes para
usted."
HAVE A LAWYER OR CANNOT AFFORD ONE, "LLEVE ESTA DEMANDA A UN ABO-
GO TO OR TELEPHONE THE OFFICE SET GADO INMEDIATAMENTE. SI NO TIENE ABO-.
FORTH BELOW TO FIND OUT WHERE YOU GADO.O SI NOTIENE ELDINERO SUFICIENTE
CAN GET LEGAL HELP. DE PAGAR TAL SERVICIO, VAYA EN PER-
SONA 0 LLAME POR TELEFONO A LA OFI-
CINA CUY A DIRECCION SE ENCUENTRA
ESCRITA ABAJO 'qRA. AVERIGUAR DONDE.
SE PUEDE CONSE 11R ASISTENCI,• LEGAL.
LAWYER CE SERVICES
Court 'Administrator -- Cumberland County Courthouse
4th Floor, One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
STOCK & GRIMES, LLP
BY: EDWARD STOCK, ESQUIRE
I.D. #13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK, ISSUER OF
DISCOVER CARD, BY ITS AGENT
DFS SERVICES, LLC
P.O. Box 7112
Dover, DE 19903
Plaintiff
VS.
DEBRA G. ANDIORIO
230 Bosler Avenue
#B
Lemoyne, PA 17043-2046
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
No. Q
CIVIL ACTION
COMPLAINT IN ASSUMPSIT
1. Plaintiff, Discover Bank, issuer of Discover
Card, by its agent DFS Services, LLC, is a duly
organized banking institution under the laws of the
State of Delaware and has a principal place of business
at the address contained in the above caption.
2. Defendant(s), Debra G. Andiorio, is an adult
individual and resides at the address contained in the
above caption.
3. After application by the Defendant(s) to the
Plaintiff for a credit card account, which application
was approved by the Plaintiff, the Plaintiff issued a
f
credit card to the Defendant(s) so that the
Defendant(s) could make purchases from merchants, on
credit, who had established a business relationship
with the Plaintiff in regard to the same.
4. Thereafter, the Defendant(s) utilized the said
credit card on various and sundry occasions.
5. Plaintiff attaches hereto as Exhibit "A" to
this Complaint, a true and correct copy of the last
monthly statement in regard to the activities in
connection with the Defendant's account and also
attaches hereto as Exhibit "B" to this Complaint, an
Affidavit from the Plaintiff attesting to the present
balance due the Plaintiff from the Defendant(s) in
regard to the said account.
6. Defendant(s) last payment upon belief was made
in 2007.
7. The present outstanding balance which is due
on the account(s) is $11,521.27; and, although repeated
requests and demands have been made upon the
Defendant(s) to satisfy the same in accordance with the
terms and conditions of the credit card agreement(s),
the Defendant(s) has/have and still refuse(s) to pay
the same.
8. As a further result of Defendant(s) breach of
the agreement for repayment of the account balance,
Plaintiff is entitled to reasonable attorney collection
fees.
9. Plaintiff's investigation has determined that
the Defendant is not in the military service.
10. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
WHEREFORE, Plaintiff, Discover Bank, issuer of
Discover Card, by its agent DFS Services, LLC, demands
Judgment against the Defendant(s), Debra G. Andiorio,
in the sum amount of $14,401.59(principal sum of
$11,521.27 and attorneys fees of $2,880.32) with
interest and costs.
DATE : VI CI ?J
VERIFICATION
The undersigned, EDWARD STOCK. ESQUIRE, hereby states that he is
the attorney for the Plaintiff who is located outside this jurisdiction and in order to
file the within document in an expedient and timely manner, he is authorized to
take this Verification on behalf of the said Plaintiff in the within action and
verifies that the statements made in the foregoing Complaint are true and correct
to the best of his knowledge, information and belief, based upon information
provided to him by the Plaintiff.
A Verification signed by the Plaintiff will be provided to Defendant or
counsel for Defendant upon request.
The undersigned understands that false statements herein are made subject to
the penalties of 18 P.A.C.S.A. § 4904, relating to unsworn falsification to
authorities.
Exhibit "A"
DICJ? ?`/ED New balance Minimum Payment Uue, Account Number ending in UbU I
r $11,521.27 $11,521.27 + Enter Amount Enclosed Below
Cy R
Payment Due Date $ ---,
DUE IMMEDIATELY
8 SDSWA01 0002385
Dc1,RA ANDIORIO
21t BOSLER AVE i B
L =t'OYIJE PA 17043-2046
Will your payment get to us on time? Pay
your bill online and your payment can be
made to your account on the same day. Visit
DFscovercard.com/payments today.
PO BOX 15251 111111111 go I ISO
WILMINGTON DE 19886-5251
Addre::, mail or telephone change? Print change in space
above, of go to Discovercard.com. Print your e-mail address to
receive in port3nt Account information and special offers.
0[1001986458831?00543115212?0000000115212?
Discover More Card Account Summary
Closing Date: June 8, 2008
Accour t r imb,u ending in
Paymer t I sue Date
Minims m °ayment Due
Credit I in it
Credit . w,iilable
Cash Credit Limit
Cash C •e lit Available
page 1 of 1
0501 Previous Balance $11,521.27
July 7, 2008 Payments And Credits 0.00
$11,521.27 Purchases + 0.00
$10,200.00 Cash Advances + 0.00
$0.00 Balance Transfers + 0.00
$0.00 Finance Chmges + 0.00
$0.00 New Balance = $11,521.27
;Cash back Bonue Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus Earned + 0.00
Cashback Bonus Balance $ 0.00
Cashbccli Bani:mWAnniversary ------------ ------- AvoilaWefo-Redeem -- ------------ $ ------0.00-
Date: 1 Arch 8
How ? t^ an We Help 1. Visit Discover com to pay your 61111 for no cost, view ur
;.7 yo
You. latest Account information, earn and redeem rewards and more
It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) for fast, easy selF-service
Please hrne your Discover Card available. options or to speak with a Customer Service Account Manager
For TDL 3. Write us at Discover Card, PO Box 30943,
I (assisfince for hearing impaired) see reverse side Salt Lake City, UT 84130
Tran sactions $0 Fraud Uability Guarantee Use your Discover Card with confidence.
Information For You
While Nis are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment
was lah,, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on
purchoses and any special balance transfer rate, and applied the standard APR For purchases to your outstanding balance of
purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the
minimu n fxryment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for
details.
- - - - - -- - -- - - - - -
i
i
Finance Charge Summary
Nominal
Average Daily ANNUAL ANNUAL Periodic Fee nsadion
Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE
Balances Rotes RATES RATES CHARGES CHARGES
current Al ing period: 31 rays
Purchas ss $0 0.07942% 28.99% F 28.99% $0 none
Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0
previous: billing period: 8 days
Purchases $0 0.07942% 28.99% F 28.99% $0 none
The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above.
Exhibit "B"
ATTORNEY: STOCK
ACCOUNT NUMBER: 6011002740660501
BALANCE: $11,521.27
CARDMEMBER (S): DEBRA G ANDIORIO
STATE OF OHIO
COUNTY OF FRANKLIN
Nicole Rose, personally appeared before me, this day and after being duly sworn, according to
law, upon his/her oath and says:
I am a Legal Placement Account Manager for DFS SERVICES LLC., the servicing agent of
DISCOVER BANK, an FDIC insured Delaware State Bank.
THAT this affidavit is made on the basis of my personal knowledge and in support of Plaintiff's
suit on account against the Debtor(s)
THAT, in my capacity as Legal Placement Account Manager, I have control over and access to
records regarding the Discover Card Account of the above referenced Debtor(s), fin-ther, that I
have personally inspected said Account and statements regarding the balance due on said account..
DFS SERVICES, LLC. maintains these records in the ordinary course of business.
THAT the annexed statement of account is a true and correct statement of what is now due and
owing Discover Bank on the account, and exhibit A is a copy of the Cardmember Agreement
between Discover Bank and the above referenced-Debtor(s). The Cardmember Agreement
governs the terms and conditions of the relationship between Discover Bank and the Debtor(s) in
connection with the account.
Based on my review of the account records, to the best of my knowledge and belief the above
referenced Debtor(s) 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.
I declare under penalty of perjury that the foregoing is true and
knowledge. /-,N „ n'
Sworn and Subscribed before me,
This day of Thursday, July 17, 2008.
NOTARY
M
??fa
to the best of my
.,,..
K. RENEE LIVENGOOD
Nota y Pu*
In and for the State of Olio
My Com Eft Ezpkm
Apr. 05, 2011
Request for Military Status
Department of Defense Manpower Data Center
Admk
IF Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of 2•
AUG=21-2008 09:02:06
< Last Name First/Middle Begin Date Active Duty Status Service/Agency
ANDIORIO DEBRA 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.
14
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 Department 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. §§ 501 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 ( er..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: h pt ://www.defenselink.mil/faq/pis/PC09SLDR.html
WARNING: This certificate was provided based on a name and Social Security number (SSN) provided
https://www.dmde.osd.mil/scra/owa/scra.prc_Select 8/21/2008
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-05256 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
ANDIORIO DEBRA G
SHAWN HARRISON
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
ANDIORIO DEBRA G
was served upon
the
DEFENDANT , at 1154:00 HOURS, on the 6th day of September, 2008
at 230 BOSLER AVENUE #B
LEMOYNE. PA 17043
DEBRA ANDIORIO
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 16.00
Postage .59
Surcharge 10.00
.00
44.59
Sworn and Subscibed to
before me this day
of
So Answers: X,16?
R. Thomas Kline
09/08/2008
STOCK & GRIME
By.
T/494
puty Sheriff
Ir-
A.D.
DISCOVER BANK, ISSUER OF
DISCOVER CARD, BY ITS AGENT
DFS SERVICES, LLC
P.O. Box 7112
Dover, DE 19903
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-5256 Civil Term
V.
DEBRA G. ANDIORIO
230 Bosler Ave.
#B
Lemoyne, PA 17043-2046,
Defendant
and
Third-Party Plaintiff
V.
ADA TAMPA BAY, INC. d/b/a
AMERICAN DEBT ARBITRATION
2449A McMullen Booth Road
Clearwater, FL 33759
and
FINANCIAL CONSULTING
SERVICES, LLC
1990 West Camelback Road, Suite 215
Phoenix, AZ 85015-3465
Third-Party Defendants
Civil Action -Law
ANSWER WITH NEW MATTER AND THIRD PARTY COMPLAINT
AND NOW COMES Defendant and Third Party Plaintiff, Debra Andiorio ("Andiorio"),
by and through her attorneys, Shumaker Williams, P.C., to make the following Answer With
New Matter and Third Party Complaint:
1. Denied. Andiorio is without sufficient information to admit or deny this
averment, and therefore strict proof of the same is hereby demanded at the time of trial.
1
2. Admitted.
3. Admitted.
4. Denied. Andiorio is without sufficient information to admit or deny whether she
utilized the said credit card "on various and sundry occasions" and therefore it is denied and
strict proof of the same is demanded at the time of trial. By way of further answer, Andiorio
admits that she used the credit card, but disputes the balance Plaintiff alleges.
5. Denied. The documents attached to the complaint as Exhibits "A" and "B" are
written documents which speak for themselves, and any characterization of the same is hereby
denied.
6. Denied. Andiorio is without sufficient information to admit or deny this
averment, and therefore strict proof of the same is hereby demanded at the time of trial. By way
of further answer, Andiorio submitted payments to Third Party Defendants ADA Tampa Bay,
Inc. d/b/a/ American Debt Arbitration ("ADA") Financial Services Consulting, LLC ("FCS")
which were intended for Andiorio's account with Plaintiff.
7. Denied. It is denied the present outstanding balance which is due on the account
is $11,521.27. By way of further answer, upon information and belief, Andiorio's balance is
significantly less than $11,521.27.
8. Denied. It is denied that Plaintiff is entitled to reasonable attorney collection fees
as a result of Andiorio's alleged breach of the agreement for repayment of the account balance.
9. No response necessary.
10. No response necessary.
2
WHEREFORE Defendant Debra G. Andiorio respectfully requests this Honorable Court
to dismiss the claims of Plaintiff Discover Bank, Issuer of Discover Card by its agents DFS
Services, LLC, and enter judgment in her favor.
NEW MATTER
THIRD PARTY COMPLAINT
11. Third Party Plaintiff, Debra G. Andiorio ("Andiorio"), is an adult individual
presently residing at 230 Bosler Ave, Apt. B, Lemoyne, Cumberland County, Pennsylvania,
17043.
12. Third Party Defendant, Financial Consulting Services, LLC ("FCS"), is an
Arizona limited liability corporation, with a registered business address of 1990 West Camelback
Road, Suite 215, Phoenix, Arizona, 85015-3465.
13. Third Party Defendant, ADA Tampa Bay, Inc. d/b/a American Debt Arbitration
("ADA"), is a Florida corporation, with a registered business address of 2449A McMullen Booth
Road, Clearwater, Florida, 33759.
14. In or around October 2007, Defendant engaged ADA and FCS to assist her with
reducing her outstanding debt with several credit card companies, including Plaintiff Discover
Bank, Issuer of Discover Card by its agent DFS Services, LLC ("Discover").
15. ADA and FCS represented to Andiorio, both by electronic communications and
orally by telephone, that ADA and/or FCS would assist Andiorio in negotiating, settling, or
otherwise reducing her debt.
16. At the time Andiorio became a customer of ADA and FCS, Andiorio's credit
accounts were not in default.
3
17. Andiorio sought the assistance of ADA and FCS as a proactive measure to control
her debt.
18. The terms of Defendant's agreement with ADA and FCS indicated that $325.00
would be debited from Defendant's personal bank account each month and deposited into an
account with Rocky Mountain National Bank and Trust.
19. For the first six months of Andiorio's "enrollment" in ADA's and FCS' "plan,"
50% of this $325.00, or $975.00 was deducted as an "enrollment fee."
20. Additionally, each month ADA and/or FCS, by and through their agents, Global
Client Solutions, LLC, deducted approximately $56.65 from Andiorio's account at Rocky
Mountain National Bank and Trust for various fees allegedly connected to its debt negotiation
and settlement services.
21. It is believed and therefore averred that, from October 2007 through September
2008, ADA and/or FCS directed approximately $3,575.00 from Andiorio's personal bank
account into an account created by ADA and/or FCS at Rocky Mountain National Bank and
Trust.
22. It is believed and therefore averred that, from October 2007 through September
2008, ADA and/or FCS, by and through their agents, Global Client Solutions, LLC, deducted
approximately $1,875.00 from Andiorio's account with Rocky Mountain National Bank and
Trust for various fees.
23. Plaintiff is without information to ascertain the precise amounts described above
until discovery in this matter is concluded.
4
24. During this time, ADA and/or FCS represented to Andiorio that they would
negotiate and settle her debt and then use the funds on deposit at Rocky Mountain National Bank
and Trust to satisfy the reduced debt.
25. Instead, neither ADA nor FCS took any action on Andiorio's behalf, despite
charging Andiorio approximately $56.65 per month plus an enrollment fee of $975.00.
26. Meanwhile, Andiorio relied on ADA's and/or FCS' representations that they were
negotiating or settling her debt, and, at ADA's and/or FCS' explicit direction, stopped making
payments on her credit accounts.
27. As a result of ADA's and FCS' instructions to Andiorio, her credit accounts
entered default and creditors have initiated collection actions, have filed at least one legal action,
and have negatively affected her credit score.
28. In or about September 2008, Andiorio closed her account with Rocky Mountain
National Bank and Trust and received approximately $1,700.00, representing the balance of the
account after the deduction of the fees referred to above.
COUNT I: BREACH OF CONTRACT
Against Third Party Defendants ADA Tampa Bay, Inc.
and Financial Consulting Services, LLC
29. Paragraphs 1 through 28 above are incorporated herein as if fully set forth in their
entirety.
30. Andiorio, ADA, and FCS entered into a Contract, the relevant portion of which is
attached hereto as Exhibit "A," whereby Third Party Defendants ADA and FCS and/or its agents
would negotiate or settle Andiorio's accounts with her creditors, including but not limited to
Discover.
5
31. ADA and FCS and/or its agents debited approximately $3,575.00 from
Defendant's Rocky Mountain National Bank and Trust account in the period from October 2007
to September 2008 in consideration for the services which were to be rendered under the
Contract.
32. Despite charging Andiorio for negotiation and/or settlement services, neither
ADA nor FCS provided any services to Andiorio and neither made any efforts to negotiate
and/or settle her debts.
33. Such failure by ADA and FCS to perform under the Contract constitutes a breach
of the Contract.
34. Defendant has suffered damages as a direct result of ADA's and FCS' breaches of
the Contract.
WHEREFORE Third Party Plaintiff, Debra G. Andiorio respectfully requests this
Honorable Court to enter judgment in her favor and against Third Party Defendants ADA Tampa
Bay, Inc. d/b/a American Debt Arbitration and Financial Consulting Services, LLC in the
amount of $1,875.00, plus interest, cost of suit, attorneys' fees, and any other relief that this
Honorable Court deems appropriate.
COUNT II: UNJUST ENRICHMENT
Against Third Party Defendants ADA Tampa Bay, Inc.
and Financial Consulting Services, LLC
35. Paragraphs 1 through 34 above are incorporated herein as if fully set forth in their
entirety.
36. ADA and/or FCS, by and through their agents, Global Client Solutions, LLC,
have debited approximately $3,575.00 from Andiorio's Rocky Mountain National Bank and
Trust account in the period from October 2007 through September 2008.
6
37. Andiorio has received no benefit whatsoever from ADA or FCS in exchange for
such payments.
38. Neither ADA nor FCS has provided any products or services in exchange for the
funds taken from Andiorio's account.
39. ADA and FCS have been unjustly enriched in the amount of the funds deducted
from Andiorio's bank account.
WHEREFORE Third Party Plaintiff, Debra G. Andiorio respectfully requests this
Honorable Court to enter judgment in her favor and against Third Party Defendants ADA Tampa
Bay, Inc. d/b/a American Debt Arbitration and Financial Consulting Services, LLC in the
amount of $1,875.00, plus interest, cost of suit, attorneys' fees, and any other relief that this
Honorable Court deems appropriate.
COUNT III: BREACH OF FIDUCIARY DUTY
Against Third Party Defendants ADA Tampa Bay, Inc.
and Financial Consulting Services, LLC
40. Paragraphs 1 through 39 above are incorporated herein as if fully set forth in their
entirety.
41. The relationship contemplated by the Contract between Andiorio, ADA and FCS
is a fiduciary relationship, whereby ADA and FCS would act as agents of Andiorio in attempting
to negotiate and/or settle her financial affairs.
42. Andiorio executed, at ADA's and/or FCS' request, a Special Limited Power of
Attorney in favor or FCS for the express purpose of negotiating, mediating, arbitrating, or
settling Andiorio's debt.
43. FCS therefore owed Andiorio a fiduciary duty to act in Andiorio's best interest to
successfully negotiate and/or settle Andiorio's debt.
7
44. In violation of such duty, FCS took no action whatsoever to negotiate and/or settle
Andiorio's debt.
45. To the contrary, ADA and FCS accepted payments from Andiorio for services
never provided to her.
46. Andiorio paid ADA and FCS approximately $1,875.00 in consideration for the
fiduciary services ADA and FCS promised to provide, but no such services have been rendered.
47. ADA and FCS created a conflict of interest by charging Andiorio monthly fees
for their services while simultaneously failing to take any action on Andiorio's behalf.
48. ADA's and FCS' conflict of interest created a situation whereby ADA and FCS
would profit from their own inaction, while concurrently driving up the balances and/or fees on
Andiorio's credit accounts.
49. By causing Andiorio's credit accounts to accumulate higher balances and/or fees,
ADA and FCS would increase their own profits if and when they negotiated and/or settled these
amounts by charging Andiorio 29% of the difference between the actual balance and the
negotiated and/or settled amount.
50. ADA's and FCS' actions constitute a breach of fiduciary duty.
51. At all times, ADA and FCS acted in their own interests and not in the interests of
Andiorio despite the fiduciary relationship between Andiorio and ADA and FCS.
52. ADA's and FCS' breaches of fiduciary duty damaged Andiorio by causing
Andiorio to pay approximately $1,875.00 for services never rendered and caused Andiorio's
credit accounts to become delinquent and accumulate fees.
WHEREFORE Third Party Plaintiff, Debra G. Andiorio respectfully requests this
Honorable Court to enter judgment in her favor and against Third Party Defendants ADA Tampa
8
Bay, Inc. d/b/a American Debt Arbitration and Financial Consulting Services, LLC in the
amount of $1,875.00, plus interest, cost of suit, attorneys' fees, and any other relief that this
Honorable Court deems appropriate.
COUNT IV: PENNSYLVANIA UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION LAW
Against Third Party Defendants ADA Tampa Bay, Inc.
and Financial Consulting Services, LLC
53. Paragraphs 1 through 52 above are incorporated herein as if fully set forth in their
entirety.
54. ADA and/or FCS represented to Andiorio that their services would have the
benefit of reducing or lowering Andiorio's debt, including the debt alleged to be owed by
Andiorio to Discover.
55. In fact, ADA's and FCS' services did not have the benefit of reducing or lowering
Andiorio's debt as promised by ADA and FCS.
56. ADA's and FCS' actions are a violation of the Pennsylvania Unfair Trade
Practices and Consumer Protection Law, 73 P.S. §201-2(v).
57. ADA and/or FCS represented to Andiorio that they would assist her in reducing,
lowering, settling, or negotiating her debt, and that the funds deducted each month from her bank
account would be used to settle such debts.
58. In fact, neither ADA nor FCS took any actions on Andiorio's behalf but continued
to receive payments from Andiorio's account at Rocky Mountain National Bank and Trust.
59. ADA's and FCS' actions are a violation of the Pennsylvania Unfair Trade
Practices and Consumer Protection law, 73 P.S. §201-2(xxi).
60. ADA and FCS are "credit services organizations" within the meaning of the
Pennsylvania Credit Services Act, 73 P.S. §2181 et seq.
9
61. ADA's and FCS' failure to negotiate and/or settle Andiorio's debts constitute an
untrue and misleading representation in violation of 73 P.S. §2183(3) and is therefore a violation
of the Pennsylvania Unfair Trade Practices and Consumer Protection law.
WHEREFORE Third Party Plaintiff, Debra G. Andiorio respectfully requests this
Honorable Court to enter judgment in her favor and against Third Party Defendant Financial
Consulting Services, LLC in the amount of $1,875.00, plus treble damages, punitive damages,
interest, cost of suit, attorneys' fees, and any other relief that this Honorable Court deems
appropriate.
COUNT V: FRAUD
Against Third Party Defendants ADA Tampa Bay, Inc.
and Financial Consulting Services, LLC
62. Paragraphs 1 through 61 above are incorporated herein as if fully set forth in their
entirety.
63. ADA and FCS made representations to Andiorio, both oral and written, to the
effect that, in exchange for an enrollment fee and monthly fees, ADA and/or FCS would
negotiate and/or settle Andiorio's debt, including Andiorio's account with Discover.
64. Such representations were material to the transaction between ADA, FCS and
Andiorio.
65. Such representations were made false when made by ADA and FCS.
66. ADA and FCS intended for such representations to mislead Andiorio and induced
Andiorio to enter into a Contract with FCS.
67. Andiorio justifiably relied on the false representations of ADA and FCS.
10
68. Andiorio has suffered damages as a result of her reliance on ADA's and FCS'
false representations, including but not limited to the fees paid to ADA and FCS and the amount
by which her credit accounts were increased.
69. ADA's and FCS's false representations are the cause of Andiorio's damages.
WHEREFORE Third Party Plaintiff, Debra G. Andiorio respectfully requests this
Honorable Court to enter judgment in her favor and against Third Party Defendants ADA Tampa
Bay, Inc. d/b/a American Debt Arbitration and Financial Consulting Services, LLC in the
amount of $1,875.00, plus punitive damages, interest, cost of suit, attorneys' fees, and any other
relief that this Honorable Court deems appropriate.
COUNT VI: CREDIT REPAIR ORGANIZATIONS ACT
Against Third Party Defendants ADA Tampa Bay, Inc.
and Financial Consulting Services, LLC
70. Paragraphs 1 through 69 above are incorporated herein as if fully set forth in their
entirety.
71. ADA and FCS are "credit repair organizations" within the meaning of the Credit
Repair Organizations Act, 15 U.S.C. § 1679a et seq.
72. ADA and FCS directed Andiorio to defer payment of her debt.
73. ADA and FCS have engaged directly or indirectly in an act, practice, or course of
business which constitutes or resulted in a fraud or deception upon Andiorio in violation of 15
U.S.C. § 1679b(a)(4).
74. The terms of the Contract do not comply with the requirements of the Credit
Repair Organizations Act, 15 U.S.C. § 1679d(b).
11
WHEREFORE Third Party Plaintiff, Debra G. Andiorio respectfully requests this
Honorable Court to enter judgment in her favor and against Third Party Defendant Financial
Consulting Services, LLC in the amount of $1,875.00, plus treble damages, punitive damages,
interest, cost of suit, attorneys' fees, and any other relief that this Honorable Court deems
appropriate.
Dated: (p/LO A
: 215109
By
12
SH K WILLI C.
Evan pas, I.D.
P.O. Box 88
Harrisburg, PA 17108
Attorneys for Debra G. Andiorio
VERIFICATION
The undersigned, Debra G. Andiorio, hereby verifies and states that the facts set forth in
the foregoing Answer With New Matter and Third Party Complaint are true and correct to the
best of her knowledge, information, and belief; and she is aware that false statements herein are
made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
Dated: b f o O ?5?? ?? .
C
Debra G. Andiorio
CERTIFICATE OF SERVICE
I, Evan C. Pappas, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify
that I served a true and correct copy of the foregoing Answer With New Matter and Third Party
Complaint on this date First Class mail at the following address:
Edward Stock, Esquire
Stock & Grimes, LLP
804 West Avenue
Jenkintown, PA 19046
Dated: l- 4elS
SHUKER WILL P.C.
By
van . as
P.O. Box 88
Harrisburg, PA 17108
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DISCOVER BANK, ISSUER OF
DISCOVER CARD, BY ITS AGENT DFS
SERVICES, LLC,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
No.08-5256 Civil Term
V.
DEBRA G. ANDIORIO,
Civil Action - Law
Defendant and Third-Party
Plaintiff
V.
ADA TAMPA BAY, INC. d/b/a
AMERICAN DEBT ARBITRATION,
and
FINANCIAL CONSULTING
SERVICES, LLC,
Third- Party Defendants
PRAECIPE TO ATTACH NOTICE TO PLEAD AND NOTICE TO DEFEND
TO DEFENDANT'S ANSWER WITH NEW MATTER AND THIRD-PARTY COMPLAINT
TO THE PROTHONOTARY:
PLEASE attach the following Notice to Plead and Notice to Defend to Defendant and Third-
Party Plaintiff, Debra G. Andiorios' Answer with New Matter and Third-Party Complaint, which was
filed on October 10, 2008. These Notices were inadvertently not attached to said Answer and Third-
Party when it was filed.
S LI .C.
Dated: 1oliq(2-es By
an C. Pappas, I.D. 0 03
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
215459 Attorneys for Debra G. Andiorio
DISCOVER BANK, ISSUER OF
DISCOVER CARD, BY ITS AGENT DFS
SERVICES, LLC,
Plaintiff
V.
DEBRA G. ANDIORIO,
Defendant and Third-Party
Plaintiff
V.
ADA TAMPA BAY, INC. d/b/a
AMERICAN DEBT ARBITRATION,
and
FINANCIAL CONSULTING
SERVICES, LLC,
Third- Party Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.08-5256 Civil Term
Civil Action - Law
NOTICE TO PLEAD
TO: DISCOVER BANK, ISSUER OF DISCOVER CARD,
BY ITS AGENT DFS SERVICES, LLC, Plaintiff
--and--
EDWARD STOCK, ESQUIRE, their attorney
You are hereby notified to file a written response to the enclosed New Matter within
twenty (20) days from service hereof or a judgment may be entered against you.
SHUMAKER WILLI S, P.C.
Dated: By $N r
l
Evan C. Pappas, I.D. #260103
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
Attorneys for Debra G. Andiorio
215464
DISCOVER BANK, ISSUER OF : IN THE COURT OF COMMON PLEAS OF
DISCOVER CARD, BY ITS AGENT DFS : CUMBERLAND COUNTY, PENNSYLVANIA
SERVICES, LLC,
Plaintiff
: No.08-5256 Civil Term
V.
DEBRA G. ANDIORIO,
Civil Action - Law
Defendant and Third-Party
Plaintiff
V.
ADA TAMPA BAY, INC. d/b/a
AMERICAN DEBT ARBITRATION,
and
FINANCIAL CONSULTING
SERVICES, LLC,
Third- Party Defendants
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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
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
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de
los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
Dated:
S LIAM P.C.
By
van Pappas, I.D.# 200103
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
Attorneys for Debra G. Andiorio
:215462
CERTIFICATE OF SERVICE
I, Evan C. Pappas, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I
served a true and correct copy of the foregoing Praecipe to Attach on this date by depositing a copy
of the same in the possession of the United States mail, first-class, postage prepaid, addressed as
follows:
Edward Sock, Esquire
Stock & Grimes, LLP
804 West Avenue
Jenkintown, PA 19046
Dated: b 1
SHUM R WILLIAMS, P.C.
By:
van C. Pappas
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
Attorneys for Defendants
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DISCOVER BANK, ISSUER OF
DISCOVER CARD, BY ITS AGENT DFS
SERVICES, LLC,
Plaintiff
V.
DEBRA G. ANDIORIO,
Defendant and Third-Party
Plaintiff
V.
ADA TAMPA BAY, INC. d/b/a
AMERICAN DEBT ARBITRATION,
and
FINANCIAL CONSULTING
SERVICES, LLC,
Third- Party Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No.08-5256 Civil Term
: Civil Action - Law
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS.
I, Michele A. Connor, being duly sworn according to law depose and say that on or about
October 14, 2008, I caused a Third-Party Complaint to be served upon Third-Party Defendant,
Finance Consulting Services, LLC, by depositing a true and correct copy of the same in the
possession of the United States mail, certified mail, return receipt requested, addressed at 1990
West Camelback Road, Suite 215, Phoenix, AZ 85015-3465.The .Third-Party Complaint was
received by Finance Consulting Services, LLC on or about October 20, 2008. A copy of the
signed return receipt card is attached hereto.
Dated: 1C1?10 6
Sworn to and subscribed before me
this 2?- day of O ? ? , 2008.
n ??> '/d l?j6tary Public
i
My Commission Expires: //XZ/0'r"
Michele A. Connor
;1N
WE_ALTH P MANIA
Notarial Seal
M. Omer, Notary Public
A n TWp., Cumberland County
ommission Expires Nov 1 2t)08
Member-Pennsytvania Association of Notaries
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Finance Consulting Services, LLC
1990 West Camelback Road
Suite 215
Phoenix, AZ 85015-3465
by (PrlW Name)
? Agent
D. Is delivery address different from item 1? ? Ye:
If YES, enter delivery address below: ? No
3, Ervice Type
Certified Mail 0 Express Mail
Registered 1P Return Receipt for Merchandise _
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7006 215 0 0003 8540 1714
(Transfer from service label)
PS Form 3811, February 201)4 Domestic Retum Receipt 102595-02-M-1540
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DISCOVER BANK, ISSUER OF
DISCOVER CARD, BY ITS AGENT DFS
SERVICES, LLC,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No.08-5256 Civil Term
V.
DEBRA G. ANDIORIO,
Defendant and Third-Party
Plaintiff
Civil Action - Law
V.
ADA TAMPA BAY, INC. d/b/a
AMERICAN DEBT ARBITRATION,
and
FINANCIAL CONSULTING
SERVICES, LLC,
Third- Party Defendants
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
I, Michele A. Connor, being duly sworn according to law depose and say that on or about
October 14, 2008, I caused a Third-Party Complaint to be served upon Third-Party Defendant,
ADA Tampa Bay, Inc. d/b/a American Debt Arbitration, by depositing a true and correct copy of
the same in the possession of the United States mail, certified mail, return receipt requested,
addressed at 2449A McMullen Booth Road, Clearwater, FL 33759. The Third-Party Complaint
was received by ADA Tampa Bay, Inc. d/b/a American Debt Arbitration on or about October 20,
2008. A copy of the signed return receipt card is attached hereto.
Dated: X) U Michele A. Connor
Sworn to and subscribed before me
this /9 day of .2008.
Not y u 'c
My Commission Expires: 11121(-,i
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal Public
Stecy M. Omer, Notary
Lower Allen Twp., Cumberland County
My Commission Expires Nov. 2, 2008
Member, Pennsylvania Association of Notaries
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mallpiece,
or on the front if space permits.
1. Article Addressed to:
G?
ADA Tampa Bay, Inc. d/b/a
American Debt Arbitration
2449A McMullen Booth Road
Clearwater, FL 33759
A Signature
X
B. eceived by (Printed
? Agent
C. Date of
I b_
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
It Mail ? Express Mail
6 Registered AReturn Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7006 2150 0003 8540 1721
(rransfer tom service label)
PS Form 3$11, February 2004 Domestic Return Receipt
-- -- ---- 102595-02-M•1540
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DISCOVER BANK, ISSUER OF : IN THE COURT OF COMMON PLEAS OF
DISCOVER CARD, BY ITS AGENT DFS : CUMBERLAND COUNTY, PENNSYLVANIA
SERVICES, LLC,
Plaintiff
No.08-5256 Civil Term
V.
DEBRA G. ANDIORIO, : Civil Action - Law
Defendant and Third-Party
Plaintiff
V.
ADA TAMPA BAY, INC. d/b/a
AMERICAN DEBT ARBITRATION, :
and
FINANCIAL CONSULTING
SERVICES, LLC,
Third- Party Defendants
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Ryan P. Siney, Esquire, and the law firm of Shumaker
Williams, P.C., as counsel for Defendant/Third-Parry Plaintiff, Debra G. Andiorio, in the above-
captioned matter.
SHUMAKER WILLIAMS, P.C.
Dated: loy By
+EvC.appas, I.D. 00103
Ryan P. Siney, I.D. # 209190
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
Attorneys for Defendant/Third-Party Plaintiff
:216137
. . w
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CERTIFICATE OF SERVICE
I, Ryan P. Siney, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that
I served a true and correct copy of the foregoing Praecipe for Entry of Appearance by depositing
a copy of the same in the possession of the United States mail, first-class, postage prepaid,
addressed as follows:
Edward Stock, Esquire
Stock & Grimes, LLP
804 West Avenue
Jenkintown, PA 19046
Walter J. Orze, Esquire
1916 E. Latona Road
Phoenix, AZ 85042-6852
SHUMAKER WILLIAMS, P.C.
Dated: I By
I 4RyP. Siney
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
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SCARINGI & SCARINGI, P.C.
Laurence C. Kress, Esquire
Supreme Court I.D. No. 93137
2000 Linglestown Road, Suite 106
Harrisburg, PA 17110
Phone (717) 657-7770
Facsimile (717) 657-7797
Email laurencegscarinpilaw.com
DISCOVER BANK, ISSUER OF
DISCOVER CARD, BY ITS AGENT DFS
SERVICES, LLC,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DEBRA G. ANDRIORIO,
Defendant and Third-Party
Plaintiff
V.
ADA TAMPA BAY, INC. d/b/a
AMERICAN DEBT ARBITRATION,
and
FINANCIAL CONSULTING
SERVICES, LLC,
Third-Party Defendants
No. 08-5256 Civil Term
Civil Action -Law
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of Laurence C. Kress and the law firm of Scaringi &
Scaringi, P.C. as counsel for the Third-Party Defendants in the above-captioned matter.
Respectfully submitted,
Dated // - .?t( - 08 SCARINGI & SCARINGI, P.C.
BY Of-I
C • ??,,ryo
L ence C. Kress, Esquire
Supreme Court I.D. No. 93137
2000 Linglestown Road, Suite 106
Harrisburg, PA 17110
Phone (717) 657-7770
Facsimile (717) 657-7797
Email laurencegscaringilaw.com
Attorneys for the Third-Party Defendants
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DISCOVER BANK, ISSUER OF : IN THE COURT OF COMMON PLEAS OF
DISCOVER CARD, BY ITS AGENT DFS : CUMBERLAND COUNTY, PENNSYLVANIA
SERVICES, LLC,
Plaintiff
No.08-5256 Civil Term
V.
DEBRA G. ANDIORIO, : Civil Action - Law
Defendant and Third-Party
Plaintiff
V.
ADA TAMPA BAY, INC. d/b/a
AMERICAN DEBT ARBITRATION,
and
FINANCIAL CONSULTING
SERVICES, LLC,
Third- Party Defendants
PRAECIPE TO DISCONTINUE AND END THIRD-PARTY COMPLAINT
WITH PREJUDICE
To THE PROTHONTARY:
Please mark the Third-Party Complaint filed in the above-captioned action against Third-
Party Defendants ADA Tampa Bay, Inc. d/b/a American Debt Arbitration and Financial
Consulting Services, LLC in the above-referenced matter as discontinued and ended with
prejudice.
/ S M C.
Dated: 2-(2_0 oq By
l Evan C. Pappas, I.D. 01
Ryan P. Siney, I.D. #209190
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
Attorneys for Defendant/Third-Party Plaintiff
Deborah G. Andiorio
CERTIFICATE OF SERVICE
I, Evan C. Pappas, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify
that I served a true and correct copy of the foregoing Praecipe to Discontinue and End Third-
Party Complaint with Prejudice on this date by depositing a copy of the same in the possession
of the United States mail, first-class, postage prepaid, addressed as follows:
Edward Stock, Esquire
Stock & Grimes, LLP
804 West Avenue
Jenkintown, PA 19046
Attorneys for Plaintiff
Laurence Kress, Esquire
SCARINGI & SCARINGI
2000 Linglestown Road, Suite 106
Harrisburg, PA 17110
Attorneys for Additional Defendants
DER LIAM P.C.
Dated: 2
/?5 (dy B
Evan C. Pappas
P.O. Box 88
Harrisburg, PA 17018
(717) 763-1121
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STOCK & GRIMES, LLP
By: Edward Stock, Esquire
I.D.#13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
Attorney for Plaintiff
DISCOVER BANK, ISSUER OF
DISCOVER CARD, BY ITS AGENT
DFS SERVICES, LLC
Plaintiff
vs.
DEBORAH G. ANDIORIO
Defendant and Third Party
Plaintiff
vs.
ADA TAMPA BAY, INC. d/b/a
AMERICAN DEBT ARBITRATION
and
FINANCIAL CONSULTING SERVICES,
LLC
Third-Party Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. 08-5256
STIPULATION FOR ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
It is hereby Agreed, by and between Edward Stock, Esquire, Attorney for Plaintiff,
Discover Bank, Issuer of Discover Card, by its agent DFS Services, LLC, and Evan C. Pappas,
Esquire, Attorney for Defendant, Deborah G. Andiorio, that a Judgment is to be entered in favor
of the Plaintiff , Discover Bank, Issuer of Discover Card, by its agent DFS Services, LLC and against
the Defendant, Deborah G. Andiorio, in the sum of $14,401.59, said Judgment not to bear
any interest in accordance with law, in regard to this case.
DATE: .m / O
DATE: -211y4lof
EVAN C. PAPPAS, ESQUIRE
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