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HomeMy WebLinkAbout10-5387Our File No.: 276468 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. JUDY L FISHER 805 WELLINGTON DR CARLISLE, PA 17013-3561 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 1C-)- 5-3O-) U4 CA NOTICE z _ In -- oP - - 77. =r 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 A 9 A,o o ?8 A?1? V4 l clsos? COQ Our File No.: 276468 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. JUDY L FISHER 805 WELLINGTON DR CARLISLE, PA 17013-3561 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 JUDY L FISHER, an adult individual residing at 805 WELLINGTON DR CARLISLE, PA 17013-3561. 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 9659. 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 $12,272.12. 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 $12,272.12 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASS C TES, P.C. Attorney for 1 tebt tiff A Law Firm Enizaa in Collecticm BY: Dated: 8/12/2010 David J. , Esquire Our File No.: 276468 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.^4 relating to unsworn falsification to authorities. David J. AN Attorney , Esquire DATE: 8/12/2010 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC JUDY L FISHER 805 WELLINGTON DR CARLISLE, PA 17013-3561 STATEMENT OF ACCOUNT Debtor's Name: JUDY L FISHER Account Number: ending in 9659 Balance Due: $12,272.12 Our File No.: 276468 EXHIBIT "A" 276468 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: JUDY L FISHER Serve Upon: JUDY L FISHER Address for Service: 805 WELLINGTON DR CARLISLE, PA 17013-3561 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 IN THE COMMON PLEAS COURT OF THE COMMONWEALTH OF PENNSYLVANIA IN AND FOR CUMBERLAND COUNTY DISCOVER BANK V. Case Number. 10-5387 Civil JUDY FISHER ANSWER OF DEFENDANT Pro Se Defendant Judy Fisher, hereby enters her appearance and answers the Complaint of Discover Bank as follows: 1. The Defendant admits the allegations of paragraph 1 of the Complaint. 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. The Defendant specifically denies the allegations of Paragraph 5 of the Complaint. Defendant disputes the balance due and demands a complete accounting reflecting all charges and credits to the account. Plaintiff has failed to produce an accounting. The document attached as, Exhibit "A" is self-serving and does not provide a complete accounting of the account. Strict proof is demanded at time of trial. 6. The Defendant denies the allegations of Paragraph 6 of the Complaint. Defendant disputes the balance due and demands a complete accounting reflecting all charges and credits to the account. Plaintiff has failed to produce an accounting. The document attached as Exhibit "A" is self-serving and does not provide a complete accounting of the account. Strict proof is demanded at time of trial. 7. The Defendant denies the allegations of Paragraph 7 of the Complaint. The Defendant paid for many months on the account until unable to continue and is presently working with a debt settlement counselor in an attempt to resolve the account WHEREFORE: The Defendant respectfully requests that Plaintiffs Complaint be dismissed and the relief requested in Plaintiffs Complaint be denied. VERIFICATION The Defendant verifies that the statements made herein are true and correct based upon his knowledge, information and belief. The statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. r } \ J Fish C 805 Wellington Dr °U m Carlisle, PA 17013-3561 - (717)448-3910 ? C1 .._. y CERTIFICATE OF SERVICE The Defendant HEREBY CERTIFIES that on this *y of 6u tt 20./Oa 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 800-672-0215 Attorney for Plaintiff J y Fisher This document was prepared by, or with the assistance of, an attorney licensed in Pennsylvania and employed by Persels & Associates, LLC / Persels & Associates, LLP (CA, MI) / Persels & Associates, PLLC (NC) - 800-498-6761. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FlLED-+~r~"!CE .GARY .,~ SFP -2 ~~ 3~ 3~ ~i~`Si»YLV~`~~IU4 Discover Bank Case Number vs. Judy L. Fisher 2010-5387 SHERIFF'S RETURN OF SERVICE 08/31/2010 06:28 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 31, 2010 at 1828 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Judy L. Fisher, by making known unto Stephanie Maxwell, Daughter of defendant at 805 Wellington Drive, 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. GERALD WORTHIN ON, DEPUTY SHERIFF COST: $33.40 September 01, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Our File :N1o.: 276468 DISCOVER BANK BY ITS SERVICING ) AGENT DFS SERVICES, LLC ) Plaintiff ) vs. ) JUDY L FISHER ) Defendant ) Esq., and 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 $12272.12. 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. - Respect ubmitted, June 22, 2011 K m)erly F. Scian, Esquire Qy- "IbN.00 Ct* '9M04 l 3 ORDER OF COURT v*.2Wai AND NOW, and as prayed for. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANA NO.: 10-5387 CIVIL ?, c -_ Zrn ? r Civil Action Cn ca o c D 2 c=? o zo -o C c r ) --ice' Esq., Esq., are appointed arbitrators in the above captioned action By the Court, 20, in consideration of the foregoing petition, Our File No.: 276468 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC Plaintiff vs. JUDY L FISHER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI 4A c NO.: 10-5387 CIVIL -v3 5 rri Z f Civil Action N O89 D Z a Zo ? o-n oC,' c v .ar^ 4 = 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 $12272.12. 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. Respect ubmitted, June 22, 2011 K m)erly F. Scian, Esquire OL,* &N.00 (? Q Ct* &L021? 3 ORDER OF COURT V *' U a AND NOW, 201L_, in consideration of the foregoing petition, L Esq., and ?yw o Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. 7A SNN3d A j S ^., -P? ?1d38Wti? AdVIONOH10dd 3H1 .43 301-IJO-0311i C©p;e, rna.led /ia/i? ,?C By the Court, V/ICn,be,-? f Plaintiff 4- Vi, Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 10 - 5-38 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 ur office with fidelity. Signature Signature Sign ure G6-rn n R . LDc, y, Name (Chairman) Law Firm Address nie`bcL„?cskzu? %. ness-a city, zip Name Law Firm tt, e,r 0b1 WVt&*-a+ ?0 Address City, Zip 31 V) Name + Wek-,t Law Firm 3N6/ f'Yl ?r ? 9. Address ,, r/ill} PA 1701) city, Zip Date of Hearing: QCT. a5 L I bitrator, dissents. (Insert name if applicable.) (Chairman) Date of Award: .'1 aMlj Notice of Entry of Now, the -9544, day of ?, 20 1/ , at I -CCs , r 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: $ -360.6- V Prothonot Deputy Award 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.) !µr- a te, j.g, t DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC, Plaintiff v. JUDY L FISHER, Defendant IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 16-5567 No. 20t0---"89 CIVIL TERM IN RE: MOTION TO AMEND CAPTION RULE TO SHOW CAUSE AND NOW, this 1 exr 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: By the Court, Thoma . Placey C.P.J. ? Kimberly F. Scian, Esq. Apothaker & Associates 520 Fellowship Road C306 E-., Mount Laurel NJ 08054 c -' For Plaintiff Z)- ? y' Judy L. Fisher c 805 Wellington Dr. c -? Carlisle, PA 17013-3561 Defendant, pro se ° n .+ . ?? L DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC Plaintiff vs. JUDY L FISHER Defendant Civil Action RDER i r AND NOW, this day of V, 2011-?upon consideration of the foregoing Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that Plaintiff s Motion is granted. It is hereby ORDERED that the Caption be amended to relect the proper name of the Plaintiff as DISCOVER BANK. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5387 CIVIL BY THE COLIR4P9 Thomas . Plady Common Pleas Judge C C' C, CD rl 2p 3 ?c s I'IE K s?, bAj j. ??'rI