The URL can be used to link to this page

Home My WebLink About09-0436% Our the No.: 194517 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. TIMOTHY W ELLIS 800 CHARLES ST MECHANICSBURG, PA 17055-3940 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Dq - 14 3(p &; vi -tar P.- 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.: 194517 APOTHAKER & ASSOCIATES, P.C. 'BY: bavid 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. TIMOTHY W ELLIS 800 CHARLES ST MECHANICSBURG, PA 17055-3940 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 9- q3(, Cc -r,,., 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 TIMOTHY W ELLIS, an adult individual residing at 800 CHARLES ST MECHANICSBURG, PA 17055-3940. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK, issued to Defendant(s), Account #6011300110073531. 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 $12,701.25. 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 ,$12,701.25 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & SOCIATES, P Attorn fo Plaintiff A Law Firm E age in Deb ollec BY: Dated: 1/15/2009 David J. Ap6thaker, Esquire Our File No.: 194517 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 unworn falsification to authorities. David J. Apoiate-r, Esquire Attorney for Plaintiff DATE: 1/15/2009 DISCOVER BANK TIMOTHY W ELLIS 800 CHARLES ST MECHANICSBURG, PA 17055-3940 STATEMENT OF ACCOUNT Debtor's Name: TIMOTHY W ELLIS Account Number: 6011300110073531 Balance Due: $12,701.25 Our File No.: 194517 EXHIBIT "A" ?.,.' ?., ti.,..'3 ? i I `?} f t+i j?/ ?? 0 C::+ .. ? `` r ? _. SHERIFF'S RETURN - REGULAR CASE NO: 2009-00436 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK ELLIS TIMOTHY W M.? Sheriff or Deputy Sheriff of VS MICHAEL BARRICK Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon „..... ELLIS TIMOTHY W the - AWA- ?Vww DEFENDANT at 2004:00 HOURS, on the 29th day of January , 2009 at 800 CHARLES ST MECHANICSBURG, PA 17055-3940 by handing to TIMOTHY W ELLIS 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 Service Affidavit Surcharge So Answers: 1 8 0 0 Sworn and Subscibed to before me this of . 9.90 .00 10.00 R. Thomas Kline .00 37.90 01/30/2009 APOTHAKER & ASSOCIATES By. day putt' 91 he riff A.D. 41. wig. Ario 1 ..r" ` ?_ rya fr ?, 1 , _- n Our file No.: 194517 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. TIMOTHY W ELLIS Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-436 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 February 05, 2009, STIPULATED by and between Plaintiff, DISCOVER BANK, and Defendant, TIMOTHY W ELLIS parties as follows: 1. Defendant agrees to pay the sum of $12,979.75, 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 $100.00 have been applied to the amount of $12,979.75, and the amount due and owing as of February 05, 2009 is $12,879.75. 3. The sum aforesaid of $12,879.75 shall be paid by the by Defendant, TIMOTHY W ELLIS, to the attorneys for Plaintiff in the following manner: a. $195.00 to be paid on or before the 20'h day of each month, beginning February 20, 2009 through January 20, 2010; at which time Defendant agreed to either increase monthly payments and/or agree to a lump sum settlement due on or before February 20, 2010. All checks are to made payable to DISCOVER BANK, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 4. 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 $12,979.75, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 5. 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 TIMOTHY W ELLIS by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys or Plaintiff A Law Firm Eng-in-Debt Collection F. Scian, Esquire r TIMO/P Y W ELLIS r-y n._? >< _ _ ? ? 't" ? --•? ; ; ?' ._: . ? ?? ? ? _ k; _ f'?J ?-J .. ?„ ..? Our File No.: 194517 Apothaker Scian P.C. By• Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK vs. TIMOTHY W ELLIS Plaintiff, Defendant. iLED-O f if.; THE pR OTHO O 20! ti AUG 14 PM I: 17 CUMBERLAND COUNTY PENNSYLVANIA ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) ) ) NO. 09-436 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. Apothaker Scian P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection rly F. Scian, Esquire