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Home My WebLink About10-3569 Our File No.: 262399 , APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. 438423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 Plaintiff, vs. BECKY A HEIN 41 HAYS GROVE RD NEWVILLE, PA 17241-9522 Defendant. 2010 1P :28 Fai i COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: fo 3 5-6 q c "" I 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 ??.?.oo P°t` 4y . + Our File No.: 262399 , APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 Plaintiff, vs. BECKY A HEIN 41 HAYS GROVE RD NEWVILLE, PA 17241-9522 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, 6500 NEW ALBANY ROAD, NEW ALBANY, OH 43054. 2. Defendant(s) is/are BECKY A HEIN, an adult individual residing at 41 HAYS GROVE RD NEWVILLE, PA 17241-9522. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, issued to Defendant(s), Account #6011002510619554. 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 $5,617.66. 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. above. Although demand has been made, Defendant(s) has failed to make payment of the amount due as WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $5,617.66 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & Attorney A Law Firm Enaas BY: IATES, P.C. intiff Debt Cow ctio David J. Apoth?f , Esquire Dated: 5/21/2010 Our File No.: 262399 VERIFICATION David J. Anothaker 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. ing to unworn falsification to authorities. David J. uire DATE: 5/21/2010 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC BECKY A HEIN 41 HAYS GROVE RD NEWVILLE, PA 17241-9522 STATEMENT OF ACCOUNT Debtor's Name: BECKY A HEIN Account Number: 6011002510619554 Balance Due: $5,617.66 Our File No.: 262399 EXHIBIT "A" • .262399 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plaintiff/s: Court Number: DISCOVER BANK BY ITS Expiration Date: SERVICING AGENT DFS SERVICES LLC Type of Action: Civil Action Defendant/s: BECKY A HEIN Serve Upon: BECKY A HEIN Address for Service: 41 HAYS GROVE RD NEWVILLE, PA 17241-9522 Alternate Address for Service: Type of Service: ( ) Personal (X) Adult in Charge O Deputize O Certified Mail O Posting Special Service Instructions: ** If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Telephone: 215-634-8920 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~ati~„tir at ~it~nbfrf.~~~ ~~~ (yFFit~ ^F TFiE SHERIFF ~~~~~V ter, i ;~ Jody S Smith Chief Deputy 2010 Jll~~ -9 AEA 8~ 43 ~- p~~ ~~ f t~t::l~~tii)~~~ 1r'~V`~ Discover Bank vs. Becky A. Hein Case Number 2010-3569 SHERIFF'S RETURN OF SERVICE 06/04/2010 07:24 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2010 at 1919 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Becky A. Hein, by making known unto Mike Hein, Husband of defendant at 41 Hays Grove Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.80 June 07, 2010 ~~ RYAN BURGETT, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (cj CountySuite Sheriff. Teleosoft. Inc. ~~ Our file No.: 262399 APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 307949 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC ~C" I fl~~i" ~ ! 11~J~ 1i'~tZ ! 2DlOOCT i4 QM i!~ 2I ~u~gERGAwn cour~r~ P1`Nt~SYL~'A~11A COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-3569 CIVIL vs. Plaintiff, BECKY A HEIN Defendant. 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 29, 2010, STIPULATED by and between Plaintiff, DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, and Defendant, BECKY A REIN parties as follows: 1. Defendant agrees to pay the sum of $5,748.46, 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 $2,450.00 have been applied to the amount of $5,748.46, and the amount due and owing as of September 29, 2010 is $3,298.46. 3. T'he sum aforesaid of $3,298.46 shall be paid by the by Defendant, BECKY A HEIN, to the attorneys for Plaintiff in the following manner: a. $150.00 to be paid on or before the 15~' day of each month, beginning October 15, 2010 until paid in full. All checks are to made payable to DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, and sent to: Apothaker & Associates, P.l'. D ~ ~ f~- 520 Fellowship Road C306 15 U 15 Mount Laurel, NJ 08054 0 ~ T $ Z 010 "Qur file No.: 262399 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 $5,748.46, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 5. In the event of default as aforesaid, 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 BECKY A HEIN 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 F' ngage Debt Collection By: enj J avallaro, Esquire BE Y A HEIN