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HomeMy WebLinkAbout09-2368a% Our File No.. 204173 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. KATHLEEN A CYR 51 DEADEND IN SHIPPENSBURG, PA 17257-8619 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: oq _ j3 s - l T 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 F41e No;: 204173 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 ) COURT OF COMMON PLEAS c/o Apothaker & Associates, P.C. ) CUMBERLAND COUNTY 520 Fellowship Road C306 ) Mount Laurel, NJ 08054 ) NO.: Plaintiff, ) VS. ) KATHLEEN A CYR ) 51 DEADEND LN ) SHIPPENSBURG, PA 17257-8619 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT Plaintiff is DISCOVER BANK c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are KATHLEEN A CYR, an adult individual residing at 51 DEADEND LN SHIPPENSBURG, PA 17257-8619. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK, issued to Defendant(s), Account #6011003477457053. 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 $10,880.05. 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 $10,880.05 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & Attorney A Law Firm Enzaf BY: David J. Dated: 4/8/2009 kTES, P.C. Debt Collection Our File No.: 204173 VERIFICATION David J. Apothaker Esquire Esc,. 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 undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 490 ela g to unworn falsification to authorities. David J. A thaker, Esquire Attorney r Plaintiff DATE: 4/8/2009 DISCOVER BANK KATHLEEN A CYR 51 DEADEND LN SHIPPENSBURG, PA 17257-8619 STATEMENT OF ACCOUNT Debtor's Name: KATHLEEN A CYR- Account Number: 6011003477457053 Balance Due: $10,880.05 Our File No.: 204173 EXHIBIT "A" CF Tj-'i LE Y 2009 k,'w 15 Aft 11: t,1 ?.., , , f Jas H E,br't, Wi?r * 1$.5oM A.-rr/ Cx-* tagc?to3 Rx* a l5s Sheriffs Office of Cumberland County R Thomas Kline u?,tir u, LSolicitor Sheriff Ronny R Anderson Jody S Smith Chief Deputy OFFICE of THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/17/2009 09:27 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2009 at 0927 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kathleen A. Cyr, by making known unto Kathleen A. Cyr personally, at 51 Deadend Lane, Shippensburg, Cumberland County, Pennsylvania, 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $46.00 SO ANSWERS, April 21, 2009 ------R THOMAS KLNE, SHERIFF f Docket NO. 2009-2368 Discover Bank v Kathleen Cyr OF THE PKI'210NOTARY 2009 APR 24 P 3: 04 _ : ? CUM, 4. Our File No.: 204173 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. KATHLEEN A CYR NO. 09-2368 Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection By: Da Dated: May 22, 2009 1 0-. OF THE FF." f ,INTARY 2009 JUN -2 All i 1