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Home My WebLink About08-5405f Our File No.: 179622 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. ROLAND R MORTENSEN 628 WOODLAND AVE MT HOLLY SPGS, PA 17065-1927 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: p$ _ 5405 NOTICE Civil I?t-r?. 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 Our File No.: 179622 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK c/o Apothaker & Associates, P.C 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. ROLAND R MORTENSEN 628 WOODLAND AVE MT HOLLY SPGS, PA 17065-1927 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 f - .5'YO CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is DISCOVER BANK c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are ROLAND R MORTENSEN, an adult individual residing at 628 WOODLAND AVE MT HOLLY SPGS, PA 17065-1927. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK, issued to Defendant(s), Account #6011008353002360. 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 $14,858.64. 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 WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $14,858.64 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & A$60gIATES, P.C. Attorney f r P A Law Firm Enga d in BY: Dated: 9/5/2008 David J. ApothSker, Esquire Our File No.: 179622 VERIFICATION David J. Apothaker, Esquire, 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, therein are made subject to the penalties of 18 Pa.C. The undersigned understands that the statements relating to unsworn falsification to authorities. David J. Apaker, Esquire Attorney for Plaintiff DATE: 9/5/2008 DISCOVER BANK ROLAND R MORTENSEN 628 WOODLAND AVE MT HOLLY SPGS, PA 17065-1927 STATEMENT OF ACCOUNT Debtor's Name: ROLAND R MORTENSEN Account Number: 6011008353002360 Balance Due: $14,858.64 Our File No.: 179622 EXHIBIT "A" C7 atls 00 O COURT OF COMMON PLEAS CUMBERLAND COUNTY DISCOVER BANK, Plainta vs. No. 08-5405 ANSWER TO COMPLAINT and MOTION TO DISMISS ROLAND R. MORTENSEN, Defendant. ANSWER TO COMPLAINT COMES NOW Defendant Roland R Mortensen and for his Answer to Civil Action Complaint filed herein states. 1. Denies the allegations of paragraph 1 for lack of information and belief. Defendant affirmatively alleges that "Discover Bank" is not the real party in interest in this matter. 2. Denies the allegations of paragraph 2 for lack of information and belief. 3. Denies the allegations of paragraph 3 for lack of information and belief. 4. Denies the allegations of paragraph 4 for lack of information and belief. 5. Denies the allegations of paragraph 5 for lack of information and belief. Defendant affirmatively alleges that Exhibit A does not substantiate, validate or verify any alleged debt owed by Defendant. 6. Denies the allegations of paragraph 6 for lack of information and belief. 7. Denies the allegations of paragraph 7 for lack of information and belief. WHEREFORE, Defendant prays that the Complaint be dismissed and all costs of this action be assessed to Plaintiff as permitted by law. MOTION TO DISMISS COMES NOW Defendant and for his Motion to Dismiss states: 8. "Discover Bank" is not the real party in interest in this matter and therefore, this action should be dismissed. 9. That the "Discover Bank Statement of Account" attached as Exhibit A to the Complaint is not a true "statement of account" and does not substantiate, validate or verify any -2- information pertaining to alleged charges or any other account activity made to a "Discover Bank" account and therefore, this action should be dismissed. 10. That Defendant believes the sworn Verification attached to the Complaint executed by David J. Apothaker which states that he is counsel for plaintiff in this action is false and a perjured statement; that David J. Apothaker as an officer of the Court is misusing the judicial system for his own financial benefit, and therefore, this action should be dismissed. WHEREFORE, Defendant prays that this matter be dismissed at Plaintiff` s cost. Copy to: Roland R- Mortensen, Defendant David J. Apothaker 628 Woodland Avenue Apothaker & Associates, P.C. Mt. Holly Springs, PA 17065 520 Fellowship Road C306 Mount Laurel, NJ 08054 CERTIFICATE OF SERVICE The undersigned certiflss that the foregoing instrument was served upon au parties to the above cause or to each of the atiomeys of record herein at their ree olive addressee dieolosed on the pleadings on 2!J ys,&Lff- 2W8. Sy: O U. S. Mail O FAX O Hand Delivered O overnight courier %-certiW Ma/il /O oo"Veer: Signature: & /` /"? - oo> x?_ ;. - r-- 7"1 li t.. C) SHERIFF'S RETURN - REGULAR CASE NO: 2008-05405 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS MORTENSEN ROLAND R TIMOTHY R BLACK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MORTENSEN ROLAND R was served upon the DEFENDANT , at 0020:00 HOURS, on the 15th day of September, 2008 at 628 WOODLAND AVE MT HOLLY SPRINGS, PA 17065-1927 by handing to SARA HITE DAUGHTER OF DEFENDANT 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 6.00 Affidavit .00 Surcharge 10.00 00 34.00 So Answers: .Th as lne 09/16/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to By: before me this day eputy Sheriff of A.D. Our File No.: 179622 DISCOVER BANK Plaintiff VS. ROLAND R MORTENSEN Defendant IN THE COURT OF COMMON RDEAVOF , CUMBERLAND COUNTY, PENNWL)FANI1 NO.: 08-5405 Civil Action -? PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Benjamin J. Cavallaro, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $14858.64. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff Benjamin J. Cavallaro, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. July 28, 2010 AND NOW, and as prayed for. ORDER OF COURT Esquire 20__, in consideration of the foregoing petition, Esq., and Esq., Esq., are appointed arbitrators in the above captioned action By the Court, UHF. oo P D A'al or Rasa I eo'gJ&%l Our File No.: 179622 DISCOVER BANK Plaintiff vs. ROLAND R MORTENSEN Defendant IN THE COURT OF COMMON PLEAS-'OF CUMBERLAND COUNTY, PENN9YL),TANIA NO.: 08-5405 0 Civil Action o? PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: _ v R? Benjamin J. Cavallaro, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $14858.64. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff Benjamin J. Cavallaro, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. July 28, 2010 ORDER OF COURT Esquire AND NOW, t CZ3 , 20/0 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed or. CV nn II By the Court, ' ?. 4&4. oo f- a ArH ?' . enazzQVsvL) or Pa 38 ) C*J 8 e cal &%l DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 08-5405 CIVIL ROLAND MORTENSEN, Defendant ORDER AND NOW, this z day of September, 2010, the appointment of Michael J. Pykosh, Esquire, as a Chairman of the Board of Arbitrators in the above-captioned case is VACATED. Ron Turo, Esquire, is appointed in his place. BY THE COURT, ?\ Kevin ess, P. J. Ron Turo, Esquire Chairman, Board of Arbitrators ? Michael Pykosh, Esquire Court Administrator - `Z We_ccL r,v c:. rn r Co tranat L ? rv /EL171V -t ' - -+ C: rz E"J -, -? ' ?? 70 r Our file No.: 179622 - y? APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 307949 DISCOVER BANK Plaintiff, VS. ROLAND R MORTENSEN Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 08-5405 _ 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 September 01, 2010, STIPULATED by and between Plaintiff, DISCOVER BANK, and Defendant, ROLAND R MORTENSEN parties as follows: 1. Defendant agrees to pay the sum of $14,995.14, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. As of this date, payments totaling $2,000.00 have been applied to the amount of $14,995.14, and the amount due and owing as of September 01, 2010 is $12,995.14. 3. The sum aforesaid of $12,995.14 shall be paid by the by Defendant, ROLAND R MORTENSEN, to the attorneys for Plaintiff in the following manner: a. $1,439.80 to be paid on or before the 30`n day of each month, beginning September 30, 2010 through January 30, 2011. a) All checks are to made payable to DISCOVER BANK, and sent ,col Apothaker & Associates, P.C. 520 Fellowship Road C306 ,-- ; Mount Laurel, NJ 08054 ? ? a rf? 4. In the event Defendant, Roland R. Mortensen makes all payments as stated above, this account will be marked satisfied and a Dismissal with Prejudice filed in the foregoing matter when Roland R. Mortensen pays $9,199.00. 5. 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 $14,995.14, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 6. In the event of default as aforesaid, 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 ROLAND R MORTENSEN by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for aintiff A Law FirnkEngage? Debt Collection By: Esquire ROLAND R MORTENSEN DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. N0.08-5405 CIVIL Q `~ ~ ~ ~ -n ROLAND MORTENSEN, .~; ~~,,~ _ ~' ~ ~ ~ Defendant ~ ~ ~'r=- ORDER ~ ~ ~ a ~ AND NOW, this Z ~ ~ ~ day of October, 2010, the appointment of a Boar xs w ~~`~'-, ~:; Arbitrators in the above-captioned case is VACATED. Ron Turo, Chairman, shall be paid t`i'e sum of $50.00. ~Turo, Esquire Court Administrator :rlm BY THE COURT, Kevin .Hess, P. J. r Our File No.: 179622 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. ROLAND R MORTENSEN Defendant. FILED-OFFICE OF THE P?OTHONOTARY 2011 JAN 31 PM 2= 00 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-5405 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & AS CI S, P.C. Attorneys fo Plaint ff A Law Firm Engaged in De Collect By: _ David J. Apothaker, Esquire Dated: 1/20/2011 IIIIIIIIIIIIIIII