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Home My WebLink About10-5082A Our File No.: 275510 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. JOHN B SCALERA 17 NORTHVIEW DR CARLISLE, PA 17013-9654 Defendant. A/A AV6b 3 Pnt at 33 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10 - 508a C?vtI-Ferm 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%- 4U.66 o IkT1 / 19aa7(o C I ? aYGaa? Our File No.: 2755 10 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. JOHN B SCALERA 17 NORTHVIEW DR CARLISLE, PA 17013-9654 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 JOHN B SCALERA, an adult individual residing at 17 NORTHVIEW DR CARLISLE, PA 17013-9654. 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 4011. 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 $9,195.36. 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". 4 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 $9,195.36 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & OCIATES, P.C. A Law Firm BY: Dated: 7/28/2010 David J. Apoth§er, Esquire Our File No.: 275510 a .? 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 b . The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.Aj 4904 r lating to unworn falsification to authorities. f David J. A thaker, Esquire Attorney o Plaintiff DATE: 7/28/2010 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC JOHN B SCALERA 17 NORTHVIEW DR CARLISLE, PA 17013-9654 STATEMENT OF ACCOUNT Debtor's Name: JOHN B SCALERA Account Number: ending in 4011 Balance Due: $9,195.36 Our File No.: 275510 EXHIBIT "A" A Our File No.: 275510 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. 30HN B SCALERA Defendant ~~~~Q'C` ~~~~ 160 OCT ~ 3 ~~ ~~ ~~:, CUMBER(.A~Q C~l~~ ;' PEN~SYLy~pd~~c, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5082-CIVIL TERM Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, JOHN B SCALERA, in the default of an Answer, in the amount of $9,195.36 computed as follows: Amount claimed in complaint: Less: Amount Paid: Plus: Interest from July 28, 2010 to October 5, 2010 at the legal interest rate of 0.00% per annum Attorney fees TOTAL I certify that Defendant, JOHN B SCALERA, DR CARLISLE, PA 17013-9654. $ 9,195.36 ( 0.00) 0.00 0.00 $ 9,195.36 address is 17 NORTHVIEW Dated: October 5, 2010 David J. Apo er, Esq. Attorney for Plain f day. o ° ~~ qty Gt 1¢ a0~(693 ill r~l~ ~ ,-.~a t ~a ~_ OFFICE OF THE PROTHONOTARY • ~ COURT OF COMMON PLEAS TO: JOHN B SCALERA 17 NORTHVIEW DR CARLISLE, PA 17013-9654 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC Plaintiff vs. JOHN B SCALERA Defendant NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5082-CIVIL TERM Civil Action Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are 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. Apothaker. Esq, at this telephone number: 800-672-0215 Our File No.: 275510 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. JOHN B SCALERA Defendant NO.: 10-5082-CIVIL TERM 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 penalties 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apoth r, Esq. Attorney for Plaintiff ~, Dated: October 5, 2010 Our File No.: 275510 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothakez 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. ) JOHN B SCALERA ) Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5082-CIVIL TERM Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND David 3. 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 17 NORTHVIEW DR CARLISLE, PA 17013-9654. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593/, ~he Defendant(s) is/are in any branch of the military. ~ ~ j Mary M. Snavely-Dixon, Director of the Defense~aower Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in th mi tart'. 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.5.A. §4904, relating to unsworn falsification to authorities. Ucl2artmr~ of Defense ?riattpotiticr Data cer'tter c~~e-os-2a io oR:os:? ~~ stagy ~ ~s~ ro tl7c ser+icr ~~~~ cr4~ x.~cAaa ~_ FQStl3ijddta 8~r Data ~ Actis'e D~ 5taas Acteh-r DMr E~ Data $et.~iier !~arta !~,elscy; SCALE]tA 3t3iiti S BasKd on tiu 3ilFO[p~a1101r 7~ hmt fiord, tlse D`NIDC dpes not possess anp ,>~~ di< iodnidrsa! sty L'pnn searching the ioforrmation data baa>res of the Drpaamxtnt c>t'Deferut'.tiiaa~au er Bata Center, baSeri on the information tha< yon Pratiirkd. ~ abaz~r ~ the currrxat status of the imFridad as to art brattctses of the titrafixured 5mices (Aass:v..'~a4.7~.yuimc Carps.; Air Force. IrOAA, Puh3c Hcahfi, and Coast Cn~di. ~ -~-. ~irxy lei- Snasvdy-Dario, Tlffecrsx I3rparLen~t ~ Defeasse - ?~ianpavrerc A~ Centa leiU(i 1LiNson Bind ,Sate 4U0 ,"tr~agton, ~'A 232ir9-2?93 The Aderrsc 4largpo~ez A^ata Cemez ~3~C) is au o of the Deparcaau of Defame that tsaaiawirs dse Fkfmse Esat>flment ~ E Repastigg &pstsm (DEERS) database which is the offsria! scorn of data m e~gik~ty for mfr medical tart cad odrer ` systems. TLc DoD stray suppoczs ~c rsd'orce~ of the Sexricc I.rers Civl Re3ef Ac! (~4 t.'SC APP- ~~ SOi d seq, as >~ ('SCRA) (Cortnerh knotim as tFre Soiders' aaai Sarkxs' Chi Rif Ad of 14di7~ Ia.'vII3C has i4swd t~ ok' t€ 'does scot possess ~5' idarmatiom iotsc drat drt indnidud is cZarently .m aexnm dsat•,.•' zespoases, cad has et~sexi~ced a ettcu tale- Ia the ec~at t~ i>disidual referenced at>o~•e, ar asp farm. rtradxr, friend; ar rc~resentauvm assorts is aa€ m~xr that the isxinidassai g on active dray, a es otbrstiu rnitkd ~ the pracccticros o! tix SC'7tA, p~ sat stroo~s erxuaraged to abtaar. t+xdxer~ s~er6ca~ooa of the pers+~ri's std b}~ t~ogeacsi~ >t>a persttli s 5ex+icc vSa thc'~fense>ink mi' t~'ItI. ts„~,,~iezc^w. ¢~c6dc.md`Eea'tsis~,09St@D.R dent. If you h~vc esc6eoee t4se pers~ is cxx autivc chi anci ;smu fad ttii abiaiu teas ed~onal Srn~icc s~r~cation, gmitisx pro~isti~ons c£tlse 5Cltr~ mats 6e irt~~uked aE rou. Sec SQ L'SC Ate. ~S? i~cj if srou c+Dtain ~ ~ abort dte pcrsc*as {r.g<, art SS?±; irgpro+red acctxacs c!'DC1B, a middle nartxs_}, you rats ssduzut yva request agau at tha 1b'rb ~ and wo n~ prrnidc a rant cert~cate far that qur:y_ This respocssc reflects attire drat. sUtrta date dse iudis~daal uas least oar One ~~, ft seas ssifhtn tAe precedilog 3S' da}s. Far hstntical iforrmatim> please caafaef the Sr~icr SCFt..A pde~-~'-c~t_ ,Vnnr irljvnwation ore ".tctisve ~~. Status" Acaivc dm sramos ass reported i® apes certi&catrs de£ned in acc~darge x eh i Cr ~; SC y i91 {d3(i) far a gsziod rY msxr ~ 30 corrsecuti<t days. in due case of a member the Yatiaoal Goad. s sersice sander a sal [o active scrs~ice aarthorued ~: dac Presid~t or t®e Setrett~ of Defense for a period otaiore than 30 coasecEaticr dens tsrrder 3: L 5C sy S0~ for ptttposes ~ res+panc~ng to a natiueti ertpa~cy dectarrri by ~r Pmidral and wpp«nzd 1>v Federal fumk etM lletiv~c Reserve ~pt;,8~ memiras scant be assegned aegaaetssst an mu6oaizrd moan position e.16e umt rhn~ sport. This ~lxies :Vat•s• TARS. ~iariac Corps ARs anti Coastt Gurad RPAs_ Actik~ Arty status also s to a t~n~oRacd Spice narmber u•ba ~ ~ active d~ corrsaassecxted officer of dse L' S Pzshlic Heakh Scn~icc u the i4aaiotsat Acetic atAC! a~hutnpl~eric Admiaastraticxs dNOAA tCz>raKOissioucd Carps] for a gt;iod of mc+rr dsan ~d tc~r.-t>bcx daas 4'as~rrr~e t'aafer tb,e SC&.4 it ,brooder is Sonar Carer Crn•eradc oada rice SCRA is braadcr in same rases and iar_Ivdcs same caaegmries of pesoat: ~ actisr daaty fnr psrrpous of flit SCItA uho ve~dd not be rr{~a~ted as as Attnti Dvfi order ff5s tcr~cair. lIam} times orders ore amended to rxtrnd the period of ac4~.t duty, nhech n•avld exttad SCRA protections. Pcrse~ns seeFrag m rzFy oa din wrbsitr eertifrcation shardd check M matte me the orders sw w#arh SCRA protections tat based bast: not boa atoended to attend the in~~siv~ dates ~secrice. F~ex>nore, same protrct~s ofthe 5CRA may txtend to persons ~~ bane recen9ed ceders ho report far adicx dsaty or re be isdaztHt, bar echo bast »at actuary begin aeti<x dory or actuary repertrd for iarisuYion. i?ie Last Date ~ ActvT D~,~ entry;5 impostanx becamsr a eaanbcz aEpro6ea-zians a£ S+CRA estcr8 br~rard Ehe Fast daces of acsivY duty Ttasc wLo vcontd rci7r am ~ eerti6cate are srged to seek a7ua56ed ~ cotnse3 W mtrar drat a@ rights gmraatccd to Sen~iec mambas corder the SCRA err prorerted ~t'ARI~s'Lvt'i: TLis rrzl~atr a•as pratiidrd based m a name and SS'r' prmided b?' the rex~s~ter_ prot~cfrng r~ csroaecvus ~amc ~ SS?v vv~ court an errt»seons er~t~tale to be pzan~ded. Rep~ID~SRP~1'.vt9': 275510 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. ) NO. 10-5082-CIVIL TERM JOHN B SCALERA ) To: JOHN B SCALERA 17 NORTHVIEW DR CARLISLE, PA 17013-9654 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 BAR DAVID J. APO 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 #3 8423 Date: September 20, 2010 Cc: PHILIP BRIGANTI ESQ