Loading...
HomeMy WebLinkAbout10-3699 Our File No.: 254587 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. JEREMY T KOPINETZ 708 WERTZVILLE RD ENOLA, PA 17025-2037 Defendant. Fl ')E7 THE f' :1%py 2010 JUN -7 AFt 8: U7 Fc NN',YLVAtiiA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0- 2L4p eok-il 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 0---" PW .#9;-?6 Al y i4fNh.4kr 17S' F? ag3I s8 Our File No.: 254587 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. JEREMY T KOPiNETZ 708 WERTZVILLE RD ENOLA, PA 17025-2037 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 JEREMY T KOPINETZ, an adult individual residing at 708 WERTZVILLE RD ENOLA, PA 17025-2037. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, issued to Defendant(s), Account #6011298894246937. 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 $6,676.36. 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 $6,676.36 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER g4SOCIATES, P.C. A Law Firm ErJgagkd in I)e6t Collection BY: David J. Apothaker, Esquire Dated: 5/28/2010 Our File No.: 254587 VERIFICATION David J. Apothaker Esquire Esa 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/404 relating to unworn falsification to authorities. David J. othaker, Esquire Attorney or Plaintiff DATE: 5/28/2010 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC JEREMY T KOPINETZ 708 WERTZVILLE RD ENOLA, PA 17025-2037 STATEMENT OF ACCOUNT Debtor's Name: JEREMY T KOPINETZ Account Number: 6011298894246937 Balance Due: $6,676.36 Our File No.: 254587 EXHIBIT "A" 254587 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.63 90 Fx: 717-240-6397 Plaintiff/s: Court Number: DISCOVER BANK BY ITS Expiration Date: SERVICING AGENT DFS SERVICES LLC Type of Action: Civil Action Defendants: JEREMY T KOPINETZ Serve Upon: JEREMY T KOPINETZ Address for Service: 708 WERTZVILLE RD ENOLA, PA 17025-2037 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 Ronn R Anderson ~~`~~ ~' ::I` ~ Sheriff ' ~~ ~~ l~s,r: ~r'~ ~ ~-rAE~y Jody S Smith ~~~kw,c~ at ~,ur,t~err~j'~ ZO~~ ~~~~ _9 Chief Deputy ~~ ~' ~ ~ '~-,. Richard W Stewart C~~~~~ - .. y ~t , Solicitor c~~~,~F ,, ~ ;..~=~,r`~ ~, ',~;- , ' `-,...UI1~ r~f1;,~, (,ifr,"~i~~ Discover Bank Case Number vs. 2010-3699 Jeremy T. Kopinetz SHERIFF'S RETURN OF SERVICE 06/07/2010 05:20 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 7, 2010 at 1716 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jeremy T. Kopinetz, by making known unto himself personally, at 708 Wentzville Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. MICHEL TSHALL, DEPUTY SHERIFF COST: $41.50 June 08, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF !cj Goun'vS~ito Sn~,iff, Tele~so`t. In;;_ Our File No.: 25458' ~ r APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorney for Plaintiff DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC Plaintiff vs. JEREMY T KOPINETZ Defendant 2~1~ Jt~! 2.5 ~~~~~ ~~~ ~7 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2010-3699 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, JEREMY T KOPINETZ, in the default of an Answer, in the amount of $6,676.36 computed as follows: Amount claimed in complaint: $ 6,676.36 Less: Amount Paid: ( 0.00) Plus: Interest from May 28, 2010 to July 15, 2010 at the legal interest rate of 0.00% per annum 0.00 Attorney fees 0.00 TOTAL // $ 6,676.36 I certify that Defendant, JEREMY T KOPINETZ, l~st~nown address is 708 WERTZVILLE RD ENOLA, PA 17025-2037. / / / Dated: July 15, 2010 David J. Attorney Esq. l~.oo PQ A~ C~- Igoa.i'1 ~,~'a~s~r8l r ~(o~~, ~~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: JEREMY T KOPINETZ 708 WERTZVILLE RD ENOLA, PA 17025-2037 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. JEREMY T KOPINETZ Defendant NOTICE NO.: 2010-3699 Civil Action Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you aze hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. A othaker• Esa• at this telephone number: 800-672-0215 y/6t~v/lD Our File No.: 254587 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorney for Plaintiff DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. JEREMY T KOPINETZ Defendant NO.: 2010-3699 Civil Action CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237.1, I certify that a copy of the NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT has been sent to the Defendant or the Attorney of Record. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalti 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apo r, Esq. Attorney for Plaintiff Dated: July 15, 2010 Our File No.: 254587 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC Plaintiff vs. JEREMY T KOPINETZ Defendant military AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2010-3699 . SS. David J. Apothaker, being duly sworn according to law, deposes and -says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 708 WERTZVILLE RD ENOLA, PA 17025-2037. We inquired with the web site of the Defense Wilson Boulevard, Suite 400, Arlington, VA 22205 branch of the military. Mary M. Snavely-Dixon, Director of the De our inquiry indicated that the Defendant(s) is/are not Civil Action wer Data Center, located at 1600 if the Defendant(s) is/are in any Center has sent back David J. Apothaker, Esq. Attorney for Plaintiff I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. aururnic ~tKeaiY 1 ---- ,--.-.-------.,..,..,,.,..,........~..,~.~.w.~.,..Q.i..~..~+.~. ~... ._ _ ~ ~a dnidenl . ~~ ~4t ~ ata+o~lion dtoe baat~ c[tfk Y'kpr~a~t dDe6ane l+tagaaw+er Data Cagier, bastd or !m ido~omt9o~s 1Mt ym P~idnd dae more it tre r~rart stapes at'dre in~+dntt en m ~ bnodaes dtAe LA~aeeed Services ~t~.'Ids+ry,lNniwe Carer, Air Faect, ?~i3AX, Pai+ic HteK, and Coen tA~. r~r~ ~c~..~c,-~.~.. Adaay ~ Snnae3y-DOcao,:Ixrer~r Departmeet ailkfeue - Afaspov,~ar I)aes Caea~cr 1tS00 VdiaoaAMd.. Sale 440 Aiir~no,'SrA 222+D9-2.'493 D~eFiaaaa I3eii Carer C) is M attfae +a tMt aernaias t11e Defieaor ~~,.~ ~ SY~ N~-~1 datalasr seb~ a 16r most scarce aE'dsta as efig~y for ~ mebcal cart and a6er efi~y sys6e~m. n,~ nan supyorla tiwe.~~at d dae Sars;oc lalecobr+s C1nt R.e3dnd t~ L`5C ~- #3 i0i ~ ~ d {sC~/+J ~oet~ 1tltc+aea as rite 5aidier~' aril Ssibra' t~H RefeFAct d . ~ l~ T nodeed- dtAoateseds of 'deers aotpos~ear aagr ekearst3os ~+~5 tva ~ ier~idariia an actinee drty'reapoosts, aad3rpE agreeiaeead error refs. Ia ile erswt Abe iasl'idnldari s+~ersec«! abore, a wryB~al! sawaabet; 8'iantl, air a entreats ~ eery sasrnsa dnt the iad'si8rsl k as aCflvt ~, or b adiaraeiu~e eetilled b tle proLactioas aClle S~Gt, ~ arc Sta~Mjr e++corra~ed to oEtait ferMer ~estiaeoa altle ptrlods stsast bT t tht parsaei's & viw ie "drr~setakmi' t3RL lr]'ap Mrs evideaoa the yes & as aNiwe ~ +nQ pvo ~ to tfais ~ddaeional Seevice: ve~ertior4 P d'the 75CItA seat' bt isvotced ~ gust Set 31i L'SC App- ~'S3!{c~. tF yea obtsi'a addiioad igk+rtoaeao abaut+lrc person {s~ , an SST3, ~'ed acaieacy dl~, asmr~, ya, crsr 7~ ~ +~s et floc A'ab sire coil vrt wi provide a arx tote &ar tintt query; respaasar ret~ects ss~ dNy siaiss ~L ileac the i~dnddssi over lart sea acecvo d+sty, ~r was vv~is 1tic precedot 36T drys.. Far bidoricai,idaraselim, pease ooraact ifre Sande Si:~A ~.of-coetaet. ~fer•r ~ wee "daeisrc Drrdp SarRat" noire dory atli4s rr ~ dais ese'ieabes da~aada ececdeca wib 10 i~SC f 10l{dxl) far a ysiad cE'eaare dro 30 a>mecm-~r des. Ia flee Baer of a mmabrr oiF>tae Natiaeri Qmeel. irdndes serYcr order meat to eed+ne se+viee a~aodted by ffie President err tie Sewetaty cfDefeass far a psriad afmn 16ar 30 aonsraei~e daps ender 32 t2SG § 3020} foe Pacpaueai of ~ a aati~ssi deeisreed by i/ae President wad ncpporkd be Federal fhnds. At 1lxtirs Gerard lksa+ie {A[iii) ated~a+rs awtCbe ataiyaed aPrert M arloe;mndawtaie~ poa-ima tie ~ supprrc2 Y1cir 1uc1r3es ~r7'FARs. M'eriar GcN~s alts and tinard RPAs. nslirr butt' status alto ,epics e a UaEartntd Service mrml~er ,rho a ra attire any rteatmiwiontd o!ticar aPahe U.S, Public kteat4 Scr+vca a tle Na4o1ar1 t?ccsrc aril Rdmospbdic Admia~tatios {t'IC!AA C:ammiss~ed Caps) Ax a faetiod ofsnore tlaea iii c~+rou~Nrr days, t:u.wr~r flnrJert4e SCflf 6 ix .S+wr Cara CavQasr:rSrr ~e SCRn i broadQ irr some Mann >st~ inehdea same ca4eones dperscns m eve duff for parposea of she 5GR+1 tivl~awaritnotiaerrtgaarird as urAdis~ tl~ty r~ tbir criii6cate. Msay teen orders eR aors~ded to e~sead flee period daaMirs ding, .~ wwici eausid probeeeia6.. i ~ m rely on tlk wcebsie oerd6ptiee shodd fleck ~ nasloe errs tilt orders oo trllieh SCRllpenie~aat ne besed ht-e but been aaeerrded ip extrad the ix~t3Nr dates airerrics. Fatttremate; suede peotec6t~r dtie SC:RA aaety essend b pessear wdw Mve recei.~el a<ade~ so t iks nctivc drs7 or b be indacsee, b~k v.3o Mrs anlt +~ariY alive d~tT a aclrasly irx tndsttine.'Iint LartlMc dt nc~r ~' eekY 3s iapwl~t berm a emdari aCp~-+e>detrionr of SCRA mcte~sd be~~cbd tlt last dsea of nni+~e dory. Tlwsr wlo ttanidreDy na this trxel6cate art oraed to seek gnet6ed kgrl caansd !o emac frlt at its gmrem~ed to Snvfee a+easbas miler the SCRA are proDeesed GIARA~'3Cr. 'ikis cab'6cate ~ prv~idod based ao a roc aril SS1~i prmided by tlcmgae~- Proaid~ an eaaaeotis nrme err SS3d vri cyst err araarans eerti8eabr to be praa~ide3 RapocclDb5lr8DA730K ~amr~at ofDsfeese Maepov-~rr ~ Ceae~ J4a1-2'~-20111 I f ~48_~IO >~r Shsa ~t Prardt,to tle Senirt ~mbrxs L9tl IteiefAd 254587 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY DISCOVER BANK' BY ITS SERVICING AGENT )COURT OF COMMON PLEAS DFS SERVICES LLC )CUMBERLAND COUNTY vs. ) N0.2010-3699 JEREMY T KOPINETZ ) To: JEREMY T KOPINETZ 708 WERTZVILLE RD ENOLA, PA 17025-2037 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 ASSOCIATION 34 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 Date: June 30, 2010 BAR DAVID J. AP T R, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC, Plaintiff V. JEREMY T KOPINETZ, Defendant *010000A 'q2t INOW IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT No. 2010-3699 CIVIL TERM IN RE: MOTION TO AMEND CAPTION RULE TO SHOW CAUSE AND NOW, this day of March, 2012, upon consideration of Plaintiff's Motion to Amend Caption, a Rule is issued upon Defendant to show cause why Plaintiff should not be afforded leave of court to amend the caption to reflect the proper name of the Plaintiff as Discover Bank. RULE RETURNABLE within 20 days from the date of service of this Rule. By the Court, Thomas A. 4cey C.P.J. Distribution List: d? Benjamin J. Cavallaro, Esq. Apothaker & Associates 520 Fellowship Road C306 Mount Laurel, NJ 08054 For Plaintiff v" Jeremy T. Kopinetz 708 Wertzville Rd Enola, PA 17025-2037 Defendant, pro se c -ate v c. zo P-j N a ('0P" e6 il&a Our File No.: 254587 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC Plaintiff vs. JEREMY T KOPINETZ Defendant Civil Action PRAECIPE TO WITHDRAW MOTION TO AMEND CAPTION TO THE PROTHONOTARY: Kindly withdraw Plaintiff's Motion to Amend Caption. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: _ Benja in J. avallaro, Esquire ty Nfis f VFh tilp, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2010-3699 Dated: May 15, 2012 Our File No.: 254587 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC Plaintiff vs. JEREMY T KOPINETZ Defendant ?1 Li lrV IRY ?•\ li dda G 12 JUL 20 p14 C"BEXAtia PINNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2010-3699 Civil Action MOTION TO AMEND CAPTION On or about May 28, 2010 our firm filed a Civil Action Complaint captioned DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC vs. JEREMY T KOPINETZ. 2. The Plaintiff changed its name to DISCOVER BANK. 3. The correct name for the Plaintiff should be DISCOVER BANK. 4. Accordingly, the Plaintiff now respectfully petitions the Court to allow Plaintiff to Amend the caption to reflect the proper name of the Plaintiff, DISCOVER BANK. 5. The Pennsylvania Rules of Civil Procedure, Pa.R.C.P. 1033, specifically permit parties to amend their pleadings: A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted. 6. Defendant's rights will not be prejudiced by this change. 7. A Judge has not ruled upon any other issue in the within motion. The Defendant consents to having the Motion heard on the Briefs. WHEREFORE, Plaintiff requests this court to enter an Order granting leave to amend Plaintiff's Complaint. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Benjam'n J. Cap allaro, Esquire Our File No.: 254587 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. JEREMY T KOPINETZ Defendant NO.: 2010-3699 Civil Action BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO AMEND CAPTION Plaintiff, DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC filed suit against Defendant on or about May 28, 2010. Plaintiff requests that this Court enter an Order allowing Plaintiff to amend the caption hereto pursuant to Pa.R.C.P. No. 1033. WHEREFORE, DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, respectfully requests this Honorable Court grant Plaintiff's Motion to Amend Caption. APOTHAKER & ASSOCIATES. P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Benja in J. Ca allaro, Esquire Our File No.: 254587 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. JEREMY T KOPINETZ Defendant CERTIFICATION OF SERVICE Civil Action I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on July 18, 2012, I caused to be served a copy of Plaintiff's Order, Motion to Amend Caption, and Brief in support thereof by mail on: JEREMY T KOPINETZ 708 WERTZVILLE RD ENOLA. PA 17025-2037 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection NO.: 2010-3699 BY: ! Benjamin J. Cap allaro, Esquire APOTHAKER& ASSOCIATES, P.C. ATTORNEYS AT LAW June 12, 2012 JEREMY T KOPINETZ 708 WERTZVILLE RD ENOLA, PA 17025-2037 RE: DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC v JEREMY T KOPINETZ DOCKET NO.: 2010-3699 OUR FILE NO: 254587 DEAR JEREMY T KOPINETZ We would like the attached Motion to Amend Caption to be decided on the papers. Kindly advise if you consent to same. If we do not hear from you within twenty (20) days to the contrary., we will assume that you consent. Very truly yours, APOTHAKER & ASSOCIATES, P.C. Benjamin J. Cavallaro, Esquire /TJ This firm is a debt collector. We are attempting to collect a debt and any information obtained will be used for the purpose of collecting the debt. 520 Fellowship Road C306, Mt. Laurel, NJ 08054 800 672.0215 800 757.4928f 856 780.1000 856 780.10201' 215 634.8920 215 634.8421f DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC, Plaintiff V. JEREMY T KOPINETZ, Defendant IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT No. 2010-3699 CIVIL TERM IN RE: MOTION TO AMEND CAPTION RULE TO SHOW CAUSE AND NOW, this 24th day of July, 2012, upon consideration of Plaintiff's Motion to Amend Caption, filed July 20, 2012,1 a Rule is issued upon Defendant to show cause why Plaintiff should not be entitled to amend the caption to reflect the proper name of the Plaintiff as Discover Bank. RULE RETURNABLE within 20 days from the date of service of this Rule. Benjamin J. Cavallaro, Esq. Apothaker & Associates 520 Fellowship Road C306 Mount Laurel, NJ 08054 For Plaintiff ?Jeremy T Kopinetz 708 Wertzville Rd. Enola, PA 17025-2037 Defendant, pro se C-) r-a M rn C-- x r r-3 cn - -SCD r- -- ? . ,. v C-" ? ?a lid `7p4zL ' this ethe second of such motions filed by Plaintiff in the instant matter. Plaintiff withdrew the prior motion before the court's resolution on the merits. By the Court, Thomas A. Placey, C. P.J. Our File No.: 254587 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney LD. #30799 520 Fellov~tship Road C306 Mount Law•el, N.108054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK BY ITS SER~JICING AGENT DFS SERVICES LLC Plaintiff vs. JEREMY ~~ KOPINETZ Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2010-3699 Civil Action AMENDED MOTION TO MAKE RULE ABSOLUTE 1. Plaintiff filed a Motion to Amend Caption on .July 20, 2012. 2. The rule returnable date fox' said petition was October 3, 2012. ~. Plaintiff served the petition and corresponding rule to show cause on defendant/defense counsel on September 12, 2012 by mail. 4~ To date, na response has been filed by defendant. 5. The concurrence of any opposing counsel of record was sought and could not be obtained. 6. No judge has ruled on any other issue in this matter or any related matters. 7. Plaintiff requests that this Court enter an Order making the Rule Absolute. WHEREFORE. Plaintiff, DISCOVER BANK BY ITS SERVICING AGENT' DFS SERVICES LLC, respectfully requests this Honorable Court enter an Order making the Rule Absolute. APOTI-TAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law :Firm Engaged in Debt Collection ~'~ ) ~ , BY: _ _ _ Benjaman .. C vallaro, Esquire DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, Plaintiff v. JEREMY T. KOPINETZ, Defendant D~ ~~, IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2010-03699 -CIVIL TERM IN RE: AMENDED MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 20th day of November 2012, upon consideration of the Amended Motion to Make Rule Absolute, and it appearing that Defendant has failed to file a response of record, despite a Rule being issued on 24 July 2012, directing Defendant to file such a response, Plaintiff's Amended Motion is GRANTED. Distribution List: Thomas A. Placey C.P.J. / Benjamin J. Cavallaro, Esq. 520 Fellowship Road C306 - Mount Laurel, NJ 08054 ~ ~ , -4 -~, ~ Jeremy T. Kopinetz ~~ ~ '~' - 708 Wentzville Road ~: ~ r- .~ ,~,~ ~ -~ Enola, PA 17025-2037 ~~ ° ~'~, {~ ~ ~ ~~. ti~ -, ~lp~es !„ a ~/~,t/ il~ ~' ~ ~ ;~ ,-~ . ~y , av~,a ~ ~;~ , - ~~