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HomeMy WebLinkAbout10-5333Our File No.: 275998 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. 938423 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. GREGG A DICE 332 10TH ST NEW CUMBERLAND, PA 17070-1306 Defendant. .? o Aci? ?3` '' i?t ?t ? 09 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. I0 - S 333 C?? 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 v* 1`39 4? -t a 8" " 2(4Q. Our File No.: 275998 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. ) GREGG A DICE ) 332 10TH ST ) NEW CUMBERLAND, PA 17070-1306 ) 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 GREGG A DICE, an adult individual residing at 332 10TH ST NEW CUMBERLAND, PA 17070-1306. 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 7764. 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 $4,509.30. 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 $4,509.30 and requests this Court award costs to the by applicable law. APOTHAKER Atto A Law Firm E BY: David J. Dated: 8/5/2010 rSOCIATES, P.C. Plaintiff / in Debt ect?o? Esquire Our File No.: 275998 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 belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 44 dating to unworn falsification to authorities. David J. Apo ak ,squire Attorney fo 'tiff DATE: 8/5/2010 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC GREGG A DICE 332 10TH ST NEW CUMBERLAND, PA 17070-1306 STATEMENT OF ACCOUNT Debtor's Name: GREGG A DICE Account Number: ending in 7764 Balance Due: $4,509.30 Our File No.: 275998 EXHIBIT "A" 275998 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 SERVICING AGENT DFS SERVICES, LLC Defendant/s: GREGG A DICE Serve Upon: GREGG A DICE Address for Service: 332 10TH ST NEW CUMBERLAND, PA 17070-1306 Alternate Address for Service. Expiration Date: Type of Action: Civil Action 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 {~ `:..,. DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. GREGG A. DICE 332 10TH ST. NEW CUMBERLAND, PA 17070-1306 DOCKET NO.: 10-5333 CIVIL TERM ANSWER ~ ~ - ;- ~ h C h -~ l d h i ~~ l i f ~~, ~ is answer to t omp e Comes the Defendant, GREGG A. DICE, and for ere r a nt i e t him states as follows: in ~~ ~ aga s ~ ~ ~~ N ~ 1. Admit. v 2. Admit. 3. Admit. 4. Admit. 5. Defendant does not have knowledge if amount stated in paragraph 5 is accurate. Supporting documentation is requested. 6. Admit. 7. Defendant entered into a debt management program with Sierra Financial Solutions in May of 2009. Defendant is attempting to negotiate a settlement with Plaintiff, through Sierra Financial Solutions, 2222 Michelson Dr., Ste. 222-601, Irvine, CA 92612-1332 Ph. 949-777-2396 Fax 949-777-3481, who has Limited Power of Attorney to negotiate on behalf of the Defendant. WHEREFORE, Defendant prays that the Complaint filed herein against him be dismissed; for his costs herein expende d for any and all other just and proper relief. /~ ,Pro Se GRE DICE 332 0 ST. NE CUMBERLAND, PA 17070 717-770-2233 .i+. M ~ CERTIFICATE OF SERVICE In the matter of DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC vs. GREGG A. DICE, COURT OF COMMON PLEAS, CUMBERLAND COUNTY, DOCKET NO: 10- 5333 CIVIL TERM. I hereby certify that I have this 7TH day of SEPTEMBER, 2010, served DAVID J. APOTHAKER, ESQUIRE, APOTHAKER & ASSOCIATES, P.C., 520 FELLOWSHIP RD. C306, MOUNT LAUREL, NJ 08054 with the foregoing Answer by placing same in the U. S. Mail, postage First Class, pre-paid. L September 7, 2010 GRE A. DICE SHERIFF'S OFFICE OF CUMB Ronny R Anderson Sheriff ~~~;~,sp a{ tut~br~.~~~~ Jody S Smith , Chief Deputy '~ ~°;~k ~, ~~ ; Richard WStewart - Solicitor ~~~r ~ '~~ =~~~alrF ERLAND COUNTY ~flE:~'rICE Q AEG 31 QM $~ 3b PENNSYLVANIA Discover Bank Case Number vs. Gregg A. Dice 2010-5333 SHERIFF'S RETURN OF SERVICE 08/18/2010 08:24 PM -William Cline, Corporal, who being duly sworn according to law, states that on August 18, 2010 at 2024 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gregg A. Dice, by making known unto Kelly Dice, Wife of defendant at 332 Tenth Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. LLIAM CLINE, DEPUTY SHERIFF COST: $43.30 August 26, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft. Inc. Our File No,: 275998 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC Plaintiff vs. GREGG A DICE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN?OS Yt?gVA IA NO.: 10-5333 CIVIL ?- rrn- rn I= r- ?F_ -nr- Civil Action ?3"* j =C:) O -n cj A2 C)m -< ?- PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: 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 $4509.30. 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. June 22, 2011 AND NOW, and as prayed for. Re pectfully mitted, Kimb rly F. Scian, Esquire ORDER OF COURT Esq., and Esq., Esq., are appointed arbitrators in the above captioned action am4 % ay. 06pd Q Ck.t- &(cgs 20_, in consideration of the foregoing petition, By the Court, Our File No,: 275998 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC Plaintiff vs. GREGG A DICE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYgV AIA r NO.: 10-5333 CIVIL =rn c r nF - == Wr- W 0m =C? Civil Action -CZ C .3' 6-n =- " ?c p ?- c:) ? ', r f i?j Z _. A PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: 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 $4509.30. 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. Re pectfully miffed, C:: June 22, 2011 Kimb rly F. Scian, Esquire ORDER OF COURT a(x4%99. 06 pd Qty Ck.? 3oeas AND NOW, , 20! , in consideration of the foregoing petition, Esq., and 141" A-,A yl &2Q Esq., and It 1,0 Esq., are appointed arbitrators in the above captioned action as prayed for. V i N VAI N?13d ),_ Nn0,13 C NVII 3gwno 0 1 :8 wv z i ink i j u, By the Court, AMONOHIOU 3H! J0 3013.0-03113 • el't d e,, l y l C., IFS ?regv t; ce , Discover Bank by Its Servicing Agent, DFS Services, LLC, Plaintiff Gregg A. Dice, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-5333 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 C nstitution of this Commonwealth and th t we will discharge the duties of our office with fidelity. L Signature Signature Signature Name (Chairman) Name Name 2 wV1. +?S r pmlyks I?r w? L Ct v? 9? L? Law Firm/ Law Firm Law Firm Pa p a ), if o Address s ?? 'Qn? .,,. 111- PAP City, ZIP AWARD ?1e nt? cJ G -i v., Address City, ZIP We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing: 1,0 / 1 -:rj 4.01 f a w 1??fyti s? Address ofSl© City, ZIP NOTICE OF ENTRY OF AWARD Arbitrators' compensation to be paid upon appeal: $ 3,50 •?? By: Deputy Now, this / 3" day of , ?2,V/l , at 5 :,Q o'clock, .m., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. r OCT [3 AN 9:L :; 3fi irc f`afdu . UN PENNSYLVA, "r e, 4fi%es /pIct l io113111 Our File No.: 275998 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. GREGG A DICE Plaintiff, Defendant. 111. III n FE-N!SYLVANIA. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-5333 CIVIL PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Please mark the Judgment Satisfied against the Defendant. Judgment has been paid in full. APOTHAKER & Attorneys A Law Firm En2aQ By: TES, P.C. Debt Collection David J. Apothaker, Esquire OINK}01??` aZ a CD:) ca