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Home My WebLink About10-4527Our He No.: 275161 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. JENNIFER MILLER 4168 KITTATINNY DR MECHANICSBURG, PA 17050-9137 Defendant. ?Lt :J r iv T 2,0; J"'-!! r • 1 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10- 45olrl C1V? ITe -*f 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 (?i) .*9a.oo Pp ATry of ISM() E#dyUBya a Our File No.: 275161 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. JENNIFER MILLER 4168 KITTATINNY DR MECHANICSBURG, PA 17050-9137 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is DISCOVER BANK BY ITS SERVICING AGENT DF'S SERVICES LLC, 6500 NEW ALBANY ROAD, NEW ALBANY, OH 43054. 2. Defendant(s) is/are JENNIFER MILLER, an adult individual residing at 4168 KITTATINNY DR MECHANICSBURG, PA 17050-9137. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, issued to Defendant(s), Account # ending in 0169. 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 $7,664.00. 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 $7,664.00 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & A SO IATES, P.C. Attorney f r Pl 'ntiff A Law Firm Enajag d i ebt Collecti" BY: David J. Apotl? Dated: 6/30/2010 Our File No.: 275161 W 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 lief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. 49 4 relating to unswom falsification to authorities. David J. A thaker, Esquire Attorney laintiff DATE: 6/30/2010 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC JENNIFER MILLER 4168 KITTATINNY DR MECHANICSBURG, PA 17050-9137 STATEMENT OF ACCOUNT Debtor's Name: JENNIFER MILLER Account Number: ending in 0169 Balance Due: $7,664.00 Our File No.: 275161 EXHIBIT "A" SHERIFF' OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~": (t `~ Sheriff ~ ,~ T' ',- ' . ~~~~~r ct ~~r~n~,rr,~~~~ Jody SSmith Chief Deputy ~ " ~.-'i"~ Z~ j ~ ,~`~~i. ~ u ~~~ u~ ~: Richard W Stewart ~ ~ ~'" SOIICItOf +''?FFICECr r"ESr~RIFF ~~ss ~ ~ ` ~ i;. ..' ?~Vs~ 'vLI~U .~ . ~'~:. ,.: ~~t.~. Discover Bank Case Number vs. 2010-4527 Jennifer Miller HERIFF'S RETURN OF SERVICE 07/09/2010 05:00 PM -Ryan Burge ,Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2010 at 1657 hours, he erved a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jenni r Miller, by making known unto herself personally, at 4168 Kittatinny Drive, Mechanicsburg, Cumb rland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said rue and correct copy of the same. 12,_ RYAN BURGE , SHERIFF COST: $37.00 SO ANSWERS, ~~^^~ July 12, 2010 RON R ANDERSON, SHERIFF !c) CountySuite Sheriff. Teleosoft. Inc Jennifer Miller, Pro Se 4168 Kittatinny Drive Mechanicsburg PA 17050-9137 Discover bank by its servicing Agent DFS Services LLC Plaintiff V Jennifer Miller Defendant -. ,, _ ,- IN THE COURT (~'~~}MMON PLEr. Cumberland County, P~nh'~y~vanra No 10 -4527 Civil Term ANSWER and NEW MATTER NOW COMES, Defendant, Jennifer Miller, Pro Se, and respectfully answers as follows: 1 Denied. Defendant is without knowledge or information as to the truth of the averment therein and to that extent the averment is denied and proof thereof is demanded at trial. 2 Admitted 3 Denied. Defendant is without knowledge or information as to the truth of the averment therein and to that extent the averment is denied and proof thereof is demanded at trial. 4 Denied. Defendant is without knowledge or information as to the truth of the averment therein and to that extent the averment is denied and proof thereof is demanded at trial. 5 Denied. Defendant is without knowledge or information as to the truth of the averment therein and to that extent the averment is denied and proof thereof is demanded at trial. 6 Denied. Defendant is without knowledge or information as to the truth of the averment therein and to that extent the averment is denied and proof thereof is demanded at trial. 7 Denied. Defendant is without knowledge or information as to the truth of the averment therein and to that extent the averment is denied and proof thereof is demanded at trial. s ' WHEREFORE, Defendant, Jennifer Miller, does hereby request that your Honorable Court dismiss Plaintiff s complaint. NEW MATTER Defendant, Jennifer Miller, hereby raises New Matter and in support thereof states: 8 Defendant hereby incorporates preceding paragraphs one through seven as if fully set forth herein. DURESS 9 Plaintiff engaged in a course of conduct in violation of the Fair Debt Collections Practices Act causing Defendant severe emotional turmoil, despair, and duress including embarrassment and public humiliation. 10 Plaintiff was put on Notice on or about January 30, 2010, that Defendant had the benefit of counsel. 11 Plaintiff knew that Defendant had the benefit of counsel. 12 In total disregard of and complete violation of Fair Debt Collections Practices Act, continued to contact Defendant directly. 13 Moreover, Plaintiff served the subject complaint upon Defendant by Sheriff. 14 Regardless of knowing the Defendant had counsel, Plaintiff served Defendant with the complaint by Sheriff at Defendant's home, during daytime hours and in front of Defendant's family. 15 As a direct result of Plaintiffs conduct which violated the Fair Debt Collections Practices Act, Defendant has suffered severe humiliation and trauma. WHEREFORE, Defendant, Jennifer Miller, hereby seeks the dismissal of Plaintiff s alleged claim and damages against Plaintiff in excess of $10,000.00 and all attorney fees, costs and expenses and such other relief as may be equitable and just. IMPOSSIBILITY OF PERFORMANCE 16 Defendant hereby incorporates preceding paragraphs as if fully set forth herein. 17 But for Plaintiffs continuous, abusive and egregious collection efforts and behavior including but not limited to attaching late fees, interest and penalties to a somewhat low, original principal debt that Defendant would have been able to repay over time, Plaintiff may have been made whole long before taking the present action against Defendant. 18 Plaintiff's course of action has resulted in Defendant being unable to pay the alleged debt owed to Plaintiff. WHEREFORE, Defendant, Jennifer Miller, hereby seeks the dismissal of Plaintiff's alleged claim and damages against Plaintiff in excess of $10,000.00 and all attorney fees, costs and expenses and such other relief as may be equitable and just. WHEREFORE, Defendant, Jennifer Miller, respectfully requests your Honorable Court to: 1. Deny Plaintiff s request for relief; 2. Award Defendant damages in excess of $10,000.00 and all attorney fees, costs and expenses, and, 3. Such other relief as the Court deems to be equitable and reasonable. RESPECTFULLY SUBMITTED, ~ •. ,~c;~ <- ..,~ Jennifer Miller, Pro Se 4168 Kittatinny Drive Mechanicsburg PA 17050-9137 Discover bank by its servicing Agent DFS Services LLC Plaintiff IN THE COURT OF COMMON PLEAS Cumberland County, Pennsylvania No 10 -4527 Civil Term V Jennifer Miller Defendant CERTIFICATE OF SERVICE I hereby certify that I have mailed a copy of the foregoing Answer and New Matter to Plaintiff's counsel on the date and manner indicat below. r ~ nnifer filler, Pro Se 4168 Kittatinny Drive Mechanicsburg PA 17050-9137 Date ~ z0 ~ David J Apothaker Esquire 520 Fellowship Road C306 Mount Laurel NJ 08054 Our File No.: 275161 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 n Mount Laurel, NJ 08054 c ` (800) 672-0215 rrn ?r r? Attorney for Plaintiff DISCOVER BANK BY ITS ) COURT OF COMMON PLEAS -n ? SERVICING AGENT DFS SERVICES CUMBERLAND COUNTY mot`, (= N ' t 1 LLC ) wr ? ,Y Plaintiff, ) vs. ) NO. 10-4527 CIVIL TERM JENNIFER MILLER ) Defendant. PRAECIPE TO DISMISS WITH PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action with prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Pl ' tiff A Law Firm Engaged in'bbt Collection By: Dated: 8/31/2010 David J. Apotr, Esquire 1111111111111111111111111111111