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HomeMy WebLinkAbout10-5332Our File No.: 275995 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. CARYN J KASECKY 110 ARNOLD RD ENOLA, PA 17025-2102 Defendant. C- r J c ;? .20 t U PIUG 13 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: /O -• 93,? 6'(.? L "-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 sIaoo ?a 011? Vf#k 1439c4t) Rai .2u?^tl?7 Our File No.: 275995 AhOTHAKER &'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. CARYN J KASECKY 110 ARNOLD RD ENOLA, PA 17025-2102 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 CARYN J KASECKY, an adult individual residing at 110 ARNOLD RD ENOLA, PA 17025-2102. 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 2907. 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 $9,891.83. 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 $9,891.83 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & AS C TES, P.C. Attorney for 1 tebt tiA Law Firm En?aee in Collectim BY: David J. Apo *W, Esquire Dated: 8/5/2010 Our File No.: 275995 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. David J. Apt Attorney Plaintiff to unworn falsification to authorities. DATE: 8/5/2010 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC CARYN J KASECKY 110 ARNOLD RD ENOLA, PA 17025-2102 STATEMENT OF ACCOUNT Debtor's Name: CARYN J KASECKY Account Number: ending in 2907 Balance Due: $9,891.83 Our File No.: 275995 EXHIBIT "A" 275995 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 Plaintiffs: Court Number: DISCOVER BANK BY ITS Expiration Date: SERVICING AGENT DFS SER VICES, LLC Type of Action: Civil Action Defendant/s: CARYN J KASECKY Serve Upon: CARYN J KASECKY Address for Service: 110 ARNOLD RD ENOLA, PA 17025-2102 Alternate Address for Service: Type of Service: ( ) Personal (X) Adult in Charge () Deputize () Certified Mail () 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 CARYN KASECKY I10 Arnold Road Enola, PA 17025-2102 (717) 580-8753 Defendant in Proper Person IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND :FOR CUMBERLAND COUNTY CIVIL DIVISION DISCOVER BANK, By its servicing agent DFS SERVICES LLC., Plaintiff, - v. Docket Number: 10-5332 t- 'n FTI ?? - CARYN KASECKY, . r Defendant, -? ANSWER OF DEFENDANT G w M J Defendant CARYN KASECKY answers the Complaint of DISCOVER BANK as follows: 1. The Defendant is without sufficient information to admit or deny the allegations of paragraph 1 of the Complaint, and therefore denies said allegations. 2. The Defendant admits the allegations of paragraph 2 of the Complaint. 3. The Defendant admits the allegations of paragraph 3 of the Complaint. 4. The Defendant admits the allegations of paragraph 4 of the Complaint. 5. As for paragraph 5 of the Complaint, the Defendant is without sufficient information or recollection to admit or deny the amount of the debt or that Exhibit A is an accurate statement of her account, and therefore denies said allegations, and further, the Defendant demands a complete accounting reflecting all charges and credits to the account. 6. The Defendant is without sufficient information or recollection to admit or deny the allegations of paragraph 6 of the Complaint and therefore denies them. Further, the Defendant demands a complete accounting reflecting all charges and credits to the account. 7. The Defendant admits the allegations of paragraph 7 of the Complaint. Further answering: 8. The Plaintiff has an affirmative duty to prove the amount of the debt. If the Plaintiff cannot prove the amount of the debt, this matter should be dismissed with prejudice. 9. The answering Defendant alleges that the amount claimed by Plaintiff has been inflated to include improper over- limit charges, finance charges and late payment fees inappropriately charged by Plaintiff. Defendant submits that these charges are unconscionable and to allow Plaintiff to collect these amounts would be inequitable, and that the extra fees and costs applied by Plaintiff created an impossibility of performance. 10. Defendant denies that Plaintiff is entitled to collect these sums under any contract with Plaintiff. IL Defendant contends that Plaintiff has charged excessive interest, late fees and penalties, and that there is no enforceable contract between the parties that would allow Plaintiff to recover the amounts already charged. 12. Due to the excessive amounts charged by Plaintiff, Defendant has not been able to reduce the debt, making performance of any obligation impossible, and Defendant contends that these fees should discharged in their entirety. Defendant denies Plaintiff is entitled to recover the interest that was rolled into the amount sought by Plaintiff, and demands an accounting of how it came to the amounts prayed for in the complaint. 13. The Defendant became over extended and had unanticipated expenses. This, coupled with increased credit card interest rates and therefore increased minimum payments, has resulted in the Defendant not being able to keep with all of her current and past due bills. 14. Defendant desires to avoid bankruptcy and urgently wants to pay her debt. However, she needs additional time to do so. WHEREFORE, Defendant prays: That Plaintiff take nothing by way of the complaint; That Defendant(s) recover costs, and reasonable attorney fees, if incurred; That Plaintiff be required to specifically prove all allegations in this action, including the existence of an enforceable contract containing the interest rate and fees applied to this account; 4. That the Plaintiff be awarded no attorney's fees or cost of suit; 5. That no derogatory information appear on the Defendant's credit record as a result of this law suit; 6. That the Defendant be granted more time to pay any debt that she actually owes; and, 7. That the (?ourt award such other and further relief as the nature of this case may require. VERIFICATION The Defendant verifies that the statements made herein are true and correct based upon her knowledge, information and belief. The statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. CARYN SECKY a' 110 Arnold Road Enola, PA 17025-2102 ('717) 580-8753 Defendant in Proper Person CERTIFICATE OF SERVICE " The Defendant(s) HEREBY CERTIFY that on this 1 S-tday ofti' 2010, a copy of the foregoing pleading was mailed, first-class, postage pre-paid to: DAVID J. Apothaker, Esq. APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road, C306 Mount Laurel, NJ 08054 Attorneys for Plaintiff CA YN KA ECKY This document was prepared by, or with, the assistance of an attorney licensed in PA and NV and employed by Persels & Associates, LLC / Persels & Associates, LLP (CA, MI) / Persels & Associates, PLLC (NC) - 800-498-6761. SHERIFF'S OFFICE OF CUMBERLAND,.:~OUN Ronny R Anderson ~ ~W?_4r~~f}T~( Sheriff ~~~ntr ~# ~aaa>ybPrtp~y~ Jody S Smith ~ ~~~ A~~ ~ ~ aM ~~ 3~ Chief Deputy ~' -~` °'~ Ate' 4 cwt ,~ a„~ CUM ~~ i/~lid~Y Richard WStewart -' '" Solicitor c'LE uF ~"~ s"~~'~r NSYLI~ANIA Discover Bank vs. Caryn J. Kasecky Case Number 2010-5332 SHERIFF'S RETURN OF SERVICE 08/18/2010 01:24 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 18, 2010 at 1324 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Caryn J. Kasecky, by making known unto herself personally, at 110 Arnold Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 August 26, 2010 "'_ RYAN BURGETT, D SO ANSWERS, RON R ANDERSON, SHERIFF {c) CountySuite Sheriff. Teleosoft, Inc. Our File No.: 275995 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC Plaintiff vs. CARYN J KASECKY Defendant Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: r7 c -? 3 rnco zM z? Wr- r--= <o n zn p a N C- c c,a CD -v s Kimberly F. Scian, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $9891.83. C) c: , ©-r X o r,.,, a The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff Kimberly F. Scian, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfull miffed, C' C?KiJune 22, 2011 rly F. Scian, Esquire - ORDER OF COURT AND NOW, , 20_, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO.: 10-5332 CIVIL By the Court, Our File No.: 275995 DISCOVER BANK BY ITS SERVICING ) AGENT DFS SERVICES, LLC ) Plaintiff ) VS. \) 1 CARYN J KASECKY ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-5332 CIVIL C-? Civil Action -D3 rnw z? z? r-= m? PRAECIPE FOR APPOINTMENT OF ARBITRATORS Ko TO THE HONORABLE, THE JUDGES OF SAID COURT: r2 N C3 w ? r O O° 3 O -r; z -- .e' O D Kimberly F. Scian, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $9891.83. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff Kimberly F. Scian, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfull mitted, as Pd n! June 22, 2011 C?Kim rF. Scian, Esquire- ('L i?p a.3 /I ?-?a(a a 3? ORDER OF COURT AND NOW, (;(A? / 1 , 20// , in consideration of the foregoing petition, Esq., and /V_ &q Esq., =;? and Esq., are appointed arbitrators in the above captioned action as prayed for. ' i yAIASNN. - By the Court, :S Z I Inr I IOl . ?1Vt?U?? ??.l. ?? ??i??,khily ?. ry t"sg a0F.:??rE?'Q1 ,1.4 ? Ccir-yh ?. ?ciSPG?y l? COP-'t6 McOe°d -7/1 f It P-1Z L L tkV%C tvV L-1G l = tL"i Ut^5 Plaintiff Def; ?e dant In The Court of Common Pleas of Cumberland County, Pennsylvania No._ 33-??_. Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office th fidelity. ure Name (Chairman) Law Firm tb`? 3 Lis , 1 Ij l,j ?_ 1 r ?( Sf SMj- Address ---?b"- -- Address Address 1? ? ( i*'j 6. lip Ct y, `? i Civil lip Award Vv'e, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the tollowinu award: (Note: If damages for delay are awarded, they shall be separately stated,) Date of Hearing:_ ? -I 1 Date of Award: trator, Signature Name Law Firm sents. (Insert name if applicable.) -k 01 (Chairman) P =?- --- -- -- ./ zz Notice of Entry of Award ?-,Lj -J1 eft=,? Now, the f ?f day of 7 ltfL, 20// at .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: S_ ???, By: ??- Prothonotary Deputy Law Firm :° f,? ?? DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC, Plaintiff V. CARYN J KASECKY, Defendant 0 orive - &00000a9 "k IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT No. 2010-5332 CIVIL TERM IN RE: MOTION TO AMEND CAPTION RULE TO SHOW CAUSE AND NOW, this I 9T 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. Distribution List: "" Benjamin J. Cavallaro, Esq. By the Thoma A. Placey C.P.J. Apothaker & Associates ". 520 Fellowship Road C306 3 { Mount Laurel, NJ 08054 ' For Plaintiff Caryn J. Kasecky r? d 110 Arnold Rd Z , ?? _a Enola PA 17025-2102 , Defendant, pro se rY Our File No.: 275995 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. CARYN J KASECKY 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 Enizaaed in Debt Collection BY: Benj min J. avallaro, Esquire iU COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5332 CIVIL Dated: May 15, 2012 i Our File No.: 275995 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire 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 VS. CARYN J KASECKY Plaintiff, Defendant. FILED-OFFICE V F THE PROTHONOTARY 2012 JUL 13 PM 2= 44 CUM RLANO COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-5332 CIVIL PRAECIPE TO MARK ARBITRATION AWARD SATISFIED TO THE PROTHONOTARY: Please mark the Arbitration Award Satisfied against the Defendant. Award has been paid in full. APOTHAKER & Attorney: A Law Firm Enjzaf By: David J 111111111111111111111111111 kSS CIATES, P.C. for aintiff °d i Debt Collectioi , Esquire ?r4l aq. Sb ?d a? 6,41 lacy 2 -7-7 921 I