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Home My WebLink About09-5938Our File-No.: 222283 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. KENNETH E MIXELL 446 FAIRGROUND AVE CARLISLE, PA 17013-1922 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CA -.5q58 a-IV It lernk 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.: 222283 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. KENNETH E MIXELL 446 FAIRGROUND AVE CARLISLE, PA 17013-1922 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 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 KENNETH E MIXELL, an adult individual residing at 446 FAIRGROUND AVE CARLISLE, PA 17013-1922. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK, issued to Defendant(s), Account #6011002945571206. 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 $8,355.82. 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 $8,355.82 and'requests this Court award costs to the extent permitted by applicable law. APOTHAKER & Attorney A Law Firm Enjz ? SOCIATES, P.C. Plaintiff in Debt Collection BY: David J. Alothaker, Esquire Dated: 8/26/2009 Our File No.: 222283 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, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. relating to unworn falsification to authorities. David J. )pothaker, Esquire Attorney for Plaintiff DATE: 8/26/2009 DISCOVER BANK KENNETH E MIXELL 446 FAIRGROUND AVE CARLISLE, PA 17013-1922 STATEMENT OF ACCOUNT Debtor's Name: KENNETH E MIXELL Account Number: 6011002945571206 Balance Due: $8,355.82 Our File No.: 222283 EXHIBIT "A" (i) CAF Th? ;y Z?04 UG3 31 12: 02 CUr,? _ ?, 7 iy ?`i8.5o ?P? A-rnf ?' aagas? Sheriff s Office of Cumberland County - -tr R Thomas Kline ~iLr~ ~ _ ~r 'a V Sheriff r t~ ! ~'~~ ~ ~ I~'.~ t ~o,~~tit~ a1 ~ uurfirrf~~d Ronny R Anderson Chief Deputy ~ '-•~ ~~~~ ~...~~ ~' ~ 6 `'i ~~ 7 Jody SSmith - , ~ , _; Civil Process Sergeant ors ~'F r~` >~e~irF ~'"~ ~'- ~ ``~`~`' `~ I ; .: 'r Edward L Schorpp Solicitor Discover Bank I Case Number vs. 2009-5938 Kenneth E. Mixell SHERIFF'S RETURN OF SERVICE 09!01/2009 08:12 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 1, 2009 at 2012 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kenneth E. Mixell, by making known unto Sonja Mixell, wife of defendant at 446 Fairground Avenue Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 ~~~. September 02, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff Y~ ~~ Our file No.: 222283 _ APOTHAKER & ASSOCIATES, P.C. -~-~--~- ~ -~~`-~~~-~ ' ~ 1~ 520 Fellowship Road C306 ~ ~~ '~`~~~~ ~ ' ~~ "~~ Mount Laurel, NJ 08054 II D~, ~ (800) 672-0215 '~~~~ OCT ~ 5 ~0~~ ' . , ~~ Attorneys for Plaintiff 9 Attorney ID# 55140 ~ ~y __--------__ __ DISCOVER BANK Plaintiff, vs. KENNETH E MIXELL Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-5938 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 22, 2009, STIPULATED by and between Plaintiff, DISCOVER BANK, and Defendant, KENNETH E MIXELL parties as follows: 1. Defendant agrees to pay the sum of $8,467.72, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid of $8,467.72 shall be paid by the by Defendant, KENNETH E MIXELL, to the attorneys for Plaintiff in the following manner: a. $236.00 to be paid on or before the 30`h day of each month, beginning September 30, 2009 until paid in full. All checks are to made payable to DISCOVER BANK, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 ~. _ Our file No.: 222283 3. 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 pane, in the sum of $8,467.72, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. 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 pane application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to KENNETH E MIXELL by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm En aged in ollection sy: Kimb y F. Scian, Esquire KENNETH E IXELL . ~ i :'~' 2a~~ o~ . ~ ~: ~~~~~ ~~ 3