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HomeMy WebLinkAbout10-5389Our File No.: 276578 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. KATHY J BLOSSER 5950 MICHAELE DR ENOLA, PA 17025-1243 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY ` NO.: - 5S&? G? 1 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 Pd, 14W V* 19 so too I 9*k. Rq (e 9 3 (o z Our File No.: 276578 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. KATHY J BLOSSER 5950 MICHAELE DR ENOLA, PA 17025-1243 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. !D-5'3%0i c; til 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 KATHY J BLOSSER, an adult individual residing at 5950 MICHAELE DR ENOLA, PA 17025-1243. 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 9221. 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 $8,155.88. 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 $8,155.88 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER &,XVSOCIATES, P.C. A Law Firm EngakAd in Deaf Collection BY: David J. Apothaker, Esquire Dated: 8/12/2010 Our File No.: 276578 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. 4904 pajing to unsworn falsification to authorities. David J. Apothaker, Esquire Attorney for Plaintiff DATE: 8/12/2010 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC KATHY J BLOSSER 5950 MICHAELE DR ENOLA, PA 17025-1243 STATEMENT OF ACCOUNT Debtor's Name: KATHY J BLOSSER Account Number: ending in 9221 Balance Due: $8,155.88 Our File No.: 276578 EXHIBIT "A" 276578 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 Plaintiff/s: Court Number: DISCOVER BANK BY ITS Expiration Date: SERVICING AGENT DFS SERVICES, LLC Type of Action: Civil Action Defendant/s: KATHY J BLOSSER Serve Upon: KATHY J BLOSSER Address for Service: 5950 MICHAELE DR ENOLA, PA 17025-1243 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY _ Ronny R Anderson ?FklR ? r1CE TA Y 31 - Sheriff of Jody S Smith z C-n _ AM 8: 44 Chief Deputy ` y Richard W Stewart C??Pa`? _, , i,1 +"?J+JNTY Solicitor PENivSYLVr flA Discover Bank Case Number vs. Kathy J. Blosser 2010-5389 SHERIFF'S RETURN OF SERVICE 09/03/2010 12:06 PM - William Cline, Corporal, who being duly sworn according to law, states that on September 3, 2010 at 1206 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kathy J. Blosser, by making known unto Janet Shuttlesworth, adult in charge at 5950 Michaeles Drive, 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. IA CLINE, DEPUTY SHERIFF COST: $41.50 September 07, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF c? Countysuit€ slel f f eieosoft I'll- DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC, Plaintiff V. KATHY J BLOSSER, Defendant &00 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT No. 2010-5389 CIVIL TERM IN RE: MOTION TO AMEND CAPTION RULE TO SHOW CAUSE AND NOW, this' ST 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, Thomas lacey C.P.J. Benjamin J. Cavallaro, Esq. Apothaker & Associates 520 Fellowship Road C306 rn Mount Laurel, NJ 08054 For Plaintiff ?y CD ?Z i -1 CD -r -1? V Kathy J. Blosser c -0 C)-T1. =,: CD 5950 Michaele Dr. y d . Enola, PA 17025-1243 Defendant, pro se ?C? Our File No.: 276578 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. KATHY J BLOSSER 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 Engaged in Debt Collection BY: JAmin J.)Cavallaro, Esquire E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5389 CIVIL Dated: May 15, 2012 Our File No.: 276578 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. KATHY J BLOSSER Defendant i t 1' ?. Ff 0?i-ir: , 2a! 2 JUL 20 Phi 1.. 22 CUMBERLAND COUNT? PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5389 CIVIL Civil Action MOTION TO AMEND CAPTION 1. On or about August 12, 2010 our firm filed a Civil Action Complaint captioned DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC vs. KATHY J BLOSSER. 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. 6. Defendant's rights will not be prejudiced by this change. 7. A Judge has not ruled upon any other issue in the within motion. The Defendant consents to having the Motion heard on the Briefs. 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: zv? Benja n J. Cav llaro, Esquire Our File No.: 276578 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. KATHY J BLOSSER Defendant NO.: 10-5389 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 12, 2010. Plaintiff requests that this Court enter an Order allowing Plaintiff to amend the caption hereto pursuant 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: Z?R - Benjami J. Cav laro, Esquire Our File No.: 276578 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. KATHY J BLOSSER Defendant Civil Action CERTIFICATION OF SERVICE I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on July 18, 2012, I caused to be served a copy of Plaintiff's Order, Motion to Amend Caption, and Brief in support thereof by mail on: KATHY J BLOSSER 5950 MICHAELE DR ENOLA, PA 17025-1243 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Z?k' Benj 'n J. Cav llaro, Esquire NO.: 10-5389 CIVIL APOTHAKER&AsSOCIATES, P.C. ATTORNEYS AT LAW June 12, 2012 KATHY J BLOSSER 5950 MICHAELE DR ENOLA, PA 17025-1243 RE: DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC v KATHY J BLOSSER DOCKET NO.: 10-5389 CIVIL OUR FILE NO: 276578 DEAR KATHY J BLOSSER We would like the attached Motion to Amend Caption to be decided on the papers. Kindly advise if you consent to same. If we do not hear from you within twenty (20) days to the contrary, we will assume that you consent. Very truly yours, APOTHAKER & ASSOCIATES, P.C. 1sv Benjamin J. Cavallaro, Esquire /TJ This firm is a debt collector. We are attempting to collect a debt and any information obtained will be used for the purpose of collecting the debt. 520 Fellowship Road C306, Mt. Laurel, NJ 08054 800 672.0215 800 757.4928f 856 780.1000 856 780.1020f 215 634.8920 215 634.8421f DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC, Plaintiff V. KATHY] BLOSSER, Defendant W0"Sr &00 aa4L IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT No. 2010-5389 CIVIL TERM IN RE: MOTION TO AMEND CAPTION RULE TO SHOW CAUSE AND NOW, this 24"' day of July, 2012, upon consideration of Plaintiff's Motion to Amend Caption, filed July 20, 2012,1 a Rule is issued upon Defendant to show cause why Plaintiff should not be entitled 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. By the Court, Thomas A. Placey, C.P.J. ? Benjamin J. Cavallaro, Esq. Apothaker & Associates 520 Fellowship Road C306 Mount Laurel, NJ 08054 Mm f For Plaintiff =rn ."'?x y cNri /Kathy J Blosser 5950 Michaele Dr. Enola, PA 17025-1243 C= Co Defendant, pro se (n:PS ,,led '2wg )eve, iI This is the second of such motions filed by Plaintiff in the instant matter. Plaintiff withdrew the prior motion before the court's resolution on the merits. Our File No.: 276578 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.. KATHY ..1 BLOSSER Defendant ~' ~.tia~ ,,-_.. t '' . ~;` a~l; ~ E , ~ ~J r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5389 CIVIL Civil Action AMENDED MOTION TO MAKE RULE ABSOLUTE 1. Plaintiff filed a Motion to Amend Caption on July 20, 201?. '?. The rule returnable date for said petition was October 3, 2012. 3. Plaintiff served the petition and corresponding rule to show cause on defendant/defense counsel on September 12, ?012 by mail. 4. 7~o date. no response has been filed by defendant. i. The concurrence of any opposing counsel of record was sought and could not be obtained. ~. No judge has ruled on any other issue in this matter or any related matters. 7_ Plaintiff requests that this Court enter an Order making the Rule Absolute. WHEREFORE, Plaintiff, DISCOVER BANK BY ITS SERVICING AGENT DI~S SERVICES, LLC, respectfully requests this Honorable Court enter an Order making the Rule Absolute,. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law ;'Firm Eng,~ed in Debt Collection Benjamin J. Cav~'llaro, Esquire DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, Plaintiff v. KATHY J. BLOSSER, Defendant ~ ~ ~~, IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2010-05389 -CIVIL TERM 1N RE: AMENDED MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 20th day of November 2012, upon consideration of the Amended Motion to Make Rule Absolute, and it appearing that Defendant has failed to file a response of record, despite a Rule being issued on 24 July 2012, directing Defendant to file such a response, Plaintiff's Amended Motion is GRANTED. Distribution List: / Ben}amin J. Cavallaro, Esq. ~„_~ Thomas lacey C.P.J. 520 Fellowship Road C306 t-~ ~ `==; Mount Laurel, NJ 08054 -;,~ _ ~ --- /Kathy J Blosser _~ ~ ~ ~_~, , . 5950 Michaele Drive ~ r' Enola, PA 17025-1243 ~~ -v ~ Ca 3 :;r: --- ~p;~s r~ ~ Ord ~l /aD~ a ~ ~t . . . . ~- ,-.~ ~. ~~ ,~G Our File No.: 276578 DISCOVER BANK Plaintiff vs. KATHY J BLOSSER Defendant(s) 2 � AUiCLi .' 3: D CUMBERLAND COUNTY, UT�QEPENNSYLVANIA ���Q �QU��'T ;� PROT HONQ tAti': IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA NO.: 10-5389 CIVIL PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Issue a Writ of Execution in the above matter, (1) directed to the Sheriff of CUMBERLAND County; (2) against KATHY J BLOSSER, defendant(s); and (3) against MEMBERS 1ST FCU 1711 SPRING RD CARLISLE, PA 17013, Garnishee(s); (4) and index this writ in the judgment index (a) against KATHY J BLOSSER, defendant(s), and (b) against MEMBERS 1ST FCU 1711 SPRING RD CARLISLE, PA 17013, as Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of Garnishee(s) as follows: Bank Attachment Only - All assets and accounts, including, but not limited to, bank accounts, brokerage firm accounts, stocks, cd's, insurance, safety deposit boxes, etc. (5) Amount Due $8155.88 Interest from March 17, 2011 $903.91 Minus Payments made Plus Costs Total Com'` siyk 5C -$6480.00 $193.00 $2772.79 kms. C)v A t 4 ,, )S Q David J. Apluirr er, Esquire Attorney for Plaintiff(s) Clk‘l Cit- %S ) 3 2_t6:3c.9.3a THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net DISCOVER BANK Vs. KATHY J. BLOSSER WRIT OF EXECUTION (Pa R.C.P. 3252) NO 10-5389 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against KATHY J. BLOSSER, 5950 MICHAELE DRIVE, ENOLA, PA 17025 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of MEMBERS 1sT FCUGARNISHEE(S), as garnishee, 1711 SPRING ROAD, CARLISLE, PA 17013 - BANK ATTACHMENT ONLY- ALL ASSETS AND ACCOUNTS, INCLUDING BUT NOT LIMITED TO, BANK ACCOUNTS, BROKERAGE FIRM ACCOUNTS, STOCK'S, CD'S, INSURANCE, SAFETY DEPOSIT BOXES, ETC. (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. 1 (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $1,675.88 Interest FROM MARCH 17, 2011 - $903.91 Attorney's Comm. Attorney Paid $176.50 Date: 8/1/14 (S:a() REQUESTING PARTY: Name : DAVID J. APOTHAKER, ESQUIRE Address: APOTHAKER SCIAN P.C. 520 FELLOWSHIP ROAD C306 MT. LAUREL, NJ 08054 Attorney for: PLAINTIFF Telephone: 856-780-1000 Supreme Court ID No. Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs $1.93.00 David D. Buell, Prothonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson „ ED Sheriff Lit -THE f` QTHO � 2014 AUG 19 AN 9: 52 CUMBERLAND COUNTY PENNSYLVANIA Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF CE OF"THE % ERIFF Discover Bank vs. Kathy J. Blosser Case Number 2010-5389 SHERIFF'S RETURN OF SERVICE 08/18/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $60.94 SO ANSWERS, August 18, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosofi, inc.