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Home My WebLink About10-6027Our File No.: 283884 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 L JONES 15 RAYS DR NEWVILLE, PA 17241-9312 Defendant. FILED-OFFICE CF THE PROTHONOTARY X010 SEP 20 AM I I: "0 `"'UP DI RLAND COUNT4l E1Ely iSYLV"AnNIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: lD - &6A7 (21.ZL`7 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. s, CARLISLE PA 17013 717-249-3166 y CIC-=mA- 466 3ta Imo- a'f8y6S Our File No.: 283884 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 L JONES 15 RAYS DR NEWVILLE, PA 17241-9312 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. ?(? D G?V • I 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 L JONES, an adult individual residing at 15 RAYS DR NEWVILLE, PA 17241-9312. 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 3606. 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 $5,788.54. 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 $5,788.54 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOC.,MES, P.C. Attorney for A Law Firm Engaged i BY: David J. Apotha(er, Esquire Dated: 9/9/2010 Our File No.: 283884 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. 4904/4qating to unswom falsification to authorities. David J. Apothl !squire Attorney for Plaintiff DATE: 9/9/2010 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC KATHY L JONES 15 RAYS DR NEWVILLE, PA 17241-9312 STATEMENT OF ACCOUNT Debtor's Name: KATHY L JONES Account Number: ending in 3606 Balance Due: $5,788.54 Our File No.: 283884 EXHIBIT "A" 283884 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 L JONES Serve Upon: KATHY L JONES Address for Service: 15 RAYS DR NEWVILLE, PA 17241-9312 Alternate Address for Service: Type of Service: ( ) Personal (X) Adult in Charge O Deputize O Certified Mail O 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 Sheriff ~~x~t''~P °f ta~ni~~rrf~~d Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~ ~ r "~ ~~!~~ Discover Bank vs. Kathy L. Jones Case Number 2010-6027 SHERIFF'S RETURN OF SERVICE 09/24/2010 03:45 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on September 24, 2010 at 1545 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kathy L. Jones, by making known unto herself personally, at 15 Rays Drive, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.80 September 28, 2010 ,,,~• ~_ TI CK, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ~-~ ~., '~ ` ~ t._ ~ ~ ~ ~ ~ e^s'P ~ r/a --[ ~ ""~~ ~ ` ~ = s~ i _ --=' p-' -s ~: ~ ~ ~ ~"~ ~ `~ `~ , ~~ ~ ~~ r~.a ~ (cl Ceua?y5uit~a Sh6; Yh T2IQOSeff_ lid. ]BAYLEY & MANGAN- John J. Mangan, Esquire Attorney I.D. #: 87000 17 West South Street - Carlisle, PA 17013 (717) 241-2446 "i „t t DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-6027 CIVIL TERM ]KATHY JONES Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY.': Please enter my appearance on behalf of the Defendant, KATHY JONES, in the above- captioned matter. Date: r John . M Bavl v & 17 Vest %uth Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87000' DISCOVER BANK BY ITS SERVICING IN THE COURT OF COMMON PLEAS OF AGENT DFS SERVICES LLC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 2010-6027 CIVIL TERM KATHY JONES Defendant CERTIFICATE OF SERVICE I, John J. Mangan, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: David Apothaker, Esq. 520 Fellowship Rd. C306 Mount Laurel, NJ 08054 Dated: I / / T5- / John J. ang , Esquire BAYLEY & MANGAN .John J. Mangan, Esquire Attorney I.D. #: 87663 17 West South Street Carlisle, PA 17013 ('117) 241-2446 tC DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC Plaintiff V. ]KATHY JONES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-6027 CIVIL TERM ANSWER TO COMPLAINT And now comes Kathy Jones, ("Defendant") by and through her attorney, John Mangan, Esq., and responds to the above-captioned complaint as follows: I . Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. This averment is a conclusion of law to which no response is necessary and Defendant demands strict proof thereof at trial. 6. Denied. This averment is a conclusion of law to which no response is necessary and Defendant demands strict proof thereof at trial. Exhibit "A" is a document that speaks for itself. 7. Denied. This averment is a conclusion of law to which no response is necessary and Defendant demands strict proof thereof at trial. Wherefore, Answering Defendant respectfully demands judgment in her favor and against Plaintiff together with such other relief as the Court deems just and proper. Respectfully Submitted, Date: L - - for wering e fendant WAttoAn??s Attorney ID # 87000 17 West South Street Carlisle, PA 17013 717-241-2446 Verification I, Kathy Jones, hereby state that I am authorized to make this verification on behalf of Answering Defendant. I further verify that the facts contained within the foregoing Answer to the Plaintiff s Complaint are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Kat y Jone Date: 1 ! / ?le? DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC Plaintiff V. KATHY JONES Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-6027 CIVIL TERM CERTIFICATE OF SERVICE I, John J. Mangan, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following; by First Class U.S. Mail: David Apothaker, Esq. 520 Fellowship Rd. C306 Mount Laurel, NJ 08054 Dated: L-- 4 John J angran, Esquire Our File No.: 283884 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 Plaintiff, vs. KATHY L JONES Defendant. -OFFIOL 01' O-THONO. HO TA Y 2011 APR 14 PM 12: 23 CUMBERLAND COUNT PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-6027 CIVILTERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOC S, P.C. Attorneys for Vt ff A Law Firm Engaged in Collection By: Dated: 4/7/2011 David J. Apothaker, Esquire 1