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Home My WebLink About08-6611Our File No.: 186731 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. PAMELA K MONISMITH 3431 WAGGONERS GAP ROAD CARLISLE, PA 17013-0873 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: M - &(oil 3VI'l-Terok 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 Our File No.: 186731 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. PAMELA K MONISMITH 3431 WAGGONERS GAP ROAD CARLISLE, PA 17013-0873 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 P- L G l j eu?? ?.tu 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 PAMELA K MONISMITH, an adult individual residing at 3431 WAGGONERS GAP ROAD CARLISLE, PA 17013-0873. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK, issued to Defendant(s), Account #6011002710772310. 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 $7,916.42. 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 ' $7,916.42 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & AS,%OQIATES, P.C. Attorney f P: A Law Firm Engag in BY: Dated: 10/31/2008 David J. Apoth'Wer, Esquire Our File No.: 186731 -I.-i VERIFICATION David J. Apothaker, Esquire, Esa. 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 therein are made subject to the penalties of 18 The undersigned understands that the statements relating to unworn falsification to authorities. David J. Ap&baker, Esquire Attorney for Plaintiff DATE: 10/31/2008 •?.r' PAMELA K MONISMITH 3431 WAGGONERS GAP ROAD CARLISLE, PA 17013-0873 STATEMENT OF ACCOUNT DISCOVER BANK Debtor's Name: PAMELA K MONISMITH Account Number: 6011002710772310 Balance Due: $7,916.42 Our File No.: 186731 EXHIBIT "A" 401. o ' T 1TV ( j E!') IN DISCOVER BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08 - 6611 Civil Term PAMELA K. MONISMITH, : CIVIL ACTION Defendant NOTICE TO PLEAD TO: Discover Bank c/o Apothaker & Associates, P.C. 520 I ellowship Road C306 Mount Laurel, NJ 08054 You are hereby notified to plead to the within Claim of Rights within twenty (20) days after service. Respectfully submi Date: 1d - , o 9 Ja 4 Adams, Esquire el o.79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Defendant % 4L DISCOVER BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA PAMELA K. MONISMITH, Defendant NO. 08 - 6611 Civil Term CIVIL ACTION ANSWER TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. Defendant is Pamela K. Monismith, an adult individual, residing at 3431 Waggoner's Gap Road, Carlisle, Pa. 17013. 3. Admitted. Discover did issue an account to Defendant. 4. Admitted. 5. Denied. Defendant admits she applied for and received a credit card issued by Plaintiff. She has no knowledge of the correct balance of the account, strict proof is demanded. 6. Denied. Plaintiffs Exhibit "A" does not include a listing of the credits applied to the account and Defendant is unable to ascertain what amount of credit has been applied. Strict proof is demanded. 7. Denied in part, admitted in part. Defendant is not aware of the demand for payment that Plaintiff is referring to. It is admitted that Defendant has not made payment of the amount listed in Plaintiff's Exhibit A. but strict proof is demanded as to whether that amount is the correct amount due and owing by Defendant. Respectfully submitted, Date: 1 ?j 0 3- _ Adams, Esquire IV. South St. C rlisle, Pa. 17013 D. No. 79465 (717) 245-8508 ATTORNEY FOR DEFENDANT VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. i _ Date: L? Pamela K. Monismith, Defendant rg-, CA) SHERIFF'S RETURN - REGULAR CASE NO: 2008-06611 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS MONISMITH PAMELA K KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MONISMITH PAMELA K the DEFENDANT , at 0016:00 HOURS, on the 14th day of November , 2008 at 3431 WAGGONERS GAP ROAD CARLISLE, PA 17013 by handing to PAMELA MONISMITH 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 Service Affidavit Surcharge i 2?D?1 ?g So Answers: 18.00 5.00 .00 10.00 R. Thomas Kline .00 33.00 11/17/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to By: before me this day of A.D. Our File No.: 186731 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. PAMELA K MONISMITH Defendant. MB)" OF THE PWIT C WTMY 2010 JAN -5 AN 11: 44 QJM aW GOWN PDOMMA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-6611 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & A Law Firm By: David SOCIATES, P.C. Plaintiff in Debt Collection , Esquire Dated: 12/28/2009