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HomeMy WebLinkAbout10-0313kb? i Our File No.: 234347 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 W APGAR 114 N 21ST ST CAMP HILL, PA 17011-3808 Defendant. 1Ji TY- 1"czi0 ,N0TARY 2010 JAN 12 AM 9: 38 - DUN PE `vt,'SYLVAA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: !O - 315 Oivil-hm 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 4q01. 00 PD, A" Y L'e I104100q RT* ' ? 133 Our File No.: 234347 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, ) / 0 - 3 3 C N` vs. ) KENNETH W APGAR ) 114N21STST ) CAMP HILL, PA 17011-3808 ) Defendant. ) 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 W APGAR, an adult individual residing at 114 N 21ST ST CAMP HILL, PA 17011-3808. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK, issued to Defendant(s), Account #6011002530615970. 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 $7,425.88. 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 $7,425.88 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & Attorney A Law Firm Eng BY: David J. n kTES, P.C. Debt Collection Dated: 12/31/2009 Our File No.: 234347 VERIFICATION David J. Apothaker Esquire Esy 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. 04 r lating to unsworn falsification to authorities. David J. A othaker, Esquire Attorne or Plaintiff DATE: 12/31/2009 4L DISCOVER BANK KENNETH W APGAR 114 N 21 ST ST CAMP HILL, PA 17011-3808 STATEMENT OF ACCOUNT Debtor's Name: KENNETH W APGAR Account Number: 6011002530615970 Balance Due: $7,425.88 Our File No.: 234347 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor 1r T4 E 2010 &H 21 A'I 9: 4-? Discover Bank vs. Kenneth W. Apgar Case Number 2010-313 SHERIFF'S RETURN OF SERVICE 01/19/2010 08:24 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2010 at 2024 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kenneth W. Apgar, by making known unto himself personally, at 114 N. 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 January 20, 2010 SO ANSWERS, Y R ANDERSON, SHERIFF By ? C&Lj Deputy Sheriff Ar Our File No.: 234347 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK Plaintiff, vs. KENNETH W APGAR Defendant. 2010 FEB 22 Ph i2* 5 7 COURT OF COMMON PLEAS CUMBERLAND COUNTY ) NO. 10-313 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for PI ' ff A Law Firm Engaged i94 Collection By: David J. Apotha er, Esquire Dated: 2/15/2010