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Home My WebLink About10-5335Our File No.: 276258 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. SCOTT G AVERY 727 W LOUTHER ST CARLISLE, PA 17013-2217 Defendant. I P, ;20t 0 AU& 15 PM H'09 L r COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10 _ S 33 s Cit 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*6 411, 3 ?k 39 q b A*-2Cl c02;-00 Our File No.: 276258 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. SCOTT G AVERY 727 W LOUTHER ST CARLISLE, PA 17013-2217 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 SCOTT G AVERY, an adult individual residing at 727 W LOUTHER ST CARLISLE, PA 17013-2217. 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 3726. 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 $5,153.00. 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 $5,153.00 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOQ,TAlTES, P.C. Attorney for A Law Firm Engaged BY: Dated: 8/5/2010 David J. Our File No.: 276258 VERIFICATION David J. Apothaker, Esquire, EN. 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. 49"r ating to unworn falsification to authorities. David J. Ap Esquire Attorney for tiff DATE: 8/5/2010 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC SCOTT G AVERY 727 W LOUTHER ST CARLISLE, PA 17013-2217 STATEMENT OF ACCOUNT Debtor's Name: SCOTT G AVERY Account Number: ending in 3726 Balance Due: $5,153.00 Our File No.: 276258 EXHIBIT "A" 276258 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 SERVICES, LLC Type of Action: Civil Action Defendant/s: SCOTT G AVERY Serve Upon: SCOTT G AVERY Address for Service: 727 W LOUTHER ST CARLISLE, PA 17013-2217 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 August 31, 2010 Discover Bank by its servicing Agent DFS Services, LLC 6500 New Albany Road New Albany, OH 43054 Plaintiff, Vs. Scott G. Avery 727 West Louther St Carlisle, PA 17013-2217 Defendant, Answer to Complaint, Court of Common Pleas Cumberland County NO: 10-5335 Civil Tf r CD i f P-1 M ?C: Having received your summons on August 24, 2010 from Plaintiff Discover Bank by its servicing Agent DFS Services. 1, Scott Avery would like to file the following response. Approximately two and a half years ago I was forced to take a 60% pay cut with my employer due to economic hardships. Since then I have gone through all the money I had in savings and in my IRA to try to keep up with monthly expenses. I also especially in the beginning accumulated some credit card debt which I was trying to keep up with. During this time I have given Credit Solutions (a debt relief company) Power of Attorney to help me negotiate settlement terms with my credit card creditors. Since this time I have successfully settled with Chase and HSBC Card Services and am currently involved in a settlement with Bank of America paying them $600.00 per month until the end of the year. After which, I fully intend to enter into a settlement with Discover Bank. Currently my financial situation has improved but is still very restricted especially with my current settlement situation with Bank of America. I have informed Credit Solutions who has informed Discover Bank of my current situation and my willingness to enter into a settlement starting January of 2011. The Servicing Agent's response was that they needed $407.00 immediately and $215.00 per month after that starting in September. I informed Credit Solutions that I could not do that right now and to ask them if I could give them the $407.00 now and start the monthly payments in January after my settlement with Bank of America was over. Their response was no that was not acceptable. To repeat myself, I am willing to enter into a settlement with Discover Bank but due to my current settlement and financial situation there is nothing i can commit to until January 2011. We have informed them of this and if it means a court appearance I am perfectly willing to do so. I also question and challenge the amount of $5,153.00 they have listed on the summons; the last balance I saw on the account was $4,685.00. Thank you for your cooperation. Si, Scott Avery SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?-1 Sheriff ?F Jody S Smith Chief Deputy 1.3 SF? 19 . f' Richard W Stewart CW a 4D (;C?l1lm SOiICItOr 4F? :E " wRt F rf t* MVA jA Discover Bank Case Number S. 2010-5335 Scott G. Avery SHERIFF'S RETURN OF SERVICE 08/24/2010 07:28 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on August 24, 2010 at 1928 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Scott G. Avery, by making known unto Vasiliki Avery, Wife of defendant at 727 W. Louther Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. MICHELLE GUTSHALL, DEPUTY SHERIFF COST: $33.40 August 26, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF %o; Co ngSuite Shenff. Iele^so`t. inc. 'A ' 41 1 Our file No.: 276258 1 Apothaker & Associates, P.C. 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. SCOTT G AVERY P-- r tiF -7 P 12: PENNSYL VA,,' COURT OF COMMONS PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-5335 CIVIL Civil Action 3 e rNj STIPULATION IN LIEU OF JUDGMENT Defendant. The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on February 16, 2011, STIPULATED by and between DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC ("Plaintiff') and SCOTT G AVERY ("Defendant"), as follows: 1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $5,153.00, plus court costs in the amount of $125.40, for a total of $5,278.40. 2. Defendant agrees to pay to Plaintiff the sum of $5,153.00, plus court costs in the amount of $125.40, for a total of $5,278.40; which sum Plaintiff agrees to accept in full settlement of its claim herein. 3. As of this date, payments totaling $0.00 have been applied to the aforementioned sum. 4. Defendant shall remit payment(s) in the following manner: a. $341.00 to be paid on or before February 22, 2011; b. $215.00 to be paid on or before the,?eday of each month, beginning March .IT, 2011 until paid in full. 1 7 +lr 1 A 5. All checks shall be made payable to "DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC", and sent to the office of Plaintiff's attorney, Apothaker & Associates, P.C., located at the following address: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation and the default is not cured within ten (10) days, then Plaintiff shall be entitled to obtain the entry of Judgment against Defendant in the suit amount, plus court costs, as specified in paragraph one (1) of this stipulation less any sums paid pursuant to this Stipulation, upon ex parte application, with supporting certification, and with notice to Defendant in the form of a copy of the application addressed to Defendant by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. By: YeAs#s laro, Esq uire Atto 307949 akociates, P.C. Attorneys for Plaintiff By: SCOTT G AVER Defendant i 2 Our File No.: 276258 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. SCOTT G AVERY Defendant Tflouo TA 2 H; ' 2 f PH 3: U 9 UMPEPEINSY?? COUNT}' ANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5335 CIVIL Civil Action MOTION TO AMEND CAPTION 1. On or about August 05, 2010 our firm filed a Civil Action Complaint captioned DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC vs. SCOTT G AVERY. 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. Defendant's rights will not be prejudiced by this change. 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: ?-k Benj m J. ava aro; Esquire Dated: March 16, 2012 Our File No.: 276258 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. SCOTT G AVERY Defendant NO.: 10-5335 CIVIL 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 August 05, 2010. Plaintiff requests that this Court enter an Order allowing Plaintiff to amend the caption hereto 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: B Dated: March 16, 2012 Our File No.: 276258 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. SCOTT G AVERY Defendant CERTIFICATION OF SERVICE Civil Action I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on March 16, 2012, I mailed a copy of Plaintiff's Order, Motion to Amend Caption, and Brief in support thereof to: SCOTT G AVERY 727 W LOUTHER ST CARLISLE, PA 17013-2217 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Benj in J. C vallaro, Esquire NO.: 10-5335 CIVIL Dated: March 16, 2012 ,D _. DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC Plaintiff vs. SCOTT G AVERY Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5335 CIVIL ORDER Civil Action AND NOW, this,*, /"/aay of 2012, upon consideration of the within MOTION TO AMEND CAPTION, it is hereby ORDERED that the Caption be amended to reflect the proper name of the Plaintiff as DISCOVER BANK. BY THE COURT: jOre4Aa ker 4 l}S5oc v .50os'4 . Aoee X y -e. BY THE COURT, ryry N Cn ?Y ? J. cn s Our File No.: 276258 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 Plaintiff, vs. SCOTT G AVERY ?iLi:fl-C}??iCt" ;?- ,?;c pRfl?'F4flpfliA 2012 JUL 23 PM 3. 58 CU PEN SAYNLD AN1UA TY COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-5335 CIVIL Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER Attorn( A Law Firm Eni SOCIATES, P.C. Plaintiff in Debt Collection By: David J. A 1, Esquire