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HomeMy WebLinkAbout10-6434SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 4.°unu~ at ~iiRtbrr1~~~ ~~; ~I~-~F~'f~;~ ,. ,. ~~~ "~ ~~~~ ors ze ~~~ z= c~ Richard W Stewart SOtICItOf QFFiCE r,, r,.r ~!~ERiFF ~'alFtB£~~~,P-~U CC~It~~T',~ Discover Bank Case Number vs. Lavern S. Frey 2010-6434 SHERIFF'S RETURN OF SERVICE 10/27/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lavem S. Frey, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Lavern S Frey. Current resident of 74 W. King Street #4, Shippensburg, PA 17257 advised Deputies, they have resided at this location for the past 6 months and they do not know the defendant. However, The Shippensburg Postmaster is still delivering Lavern S. Frey's mail to 74 W. King Street #4, Shippensburg, PA 17257. SHERIFF COST: $51.00 October 27, 2010 (ci CountySulte Sherff, Teleosoft. Inc. SO ANSWERS, RON R ANDERSON, SHERIFF t i Our File No.: 276142 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 ) 6500 NEW ALBANY ROAD ) NEW ALBANY, OH 43054 ) Plaintiff, ) vs. ) LAVERN S FREY ) 6791 RICE RD ) SHIPPENSBURG, PA 17257 ) Defendant. ) Fit, `-' f? ? ?,n art ?L. 1010 DEC-9 A- 6 CUMBERLAtga, (Lit PENNS YL ;I i' f t? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6434 Civil Action MOTION FOR ALTERNATIVE SERVICE Pursuant to Pa. R.C.P. 430(a), Pa. R.C.P. 410(c)(2), Plaintiff, by and through its attorneys, requests that this Honorable Court grant an ORDER permitting service of the Complaint upon the Defendant(s) by posting the Complaint on the most public part of the property located at 6791 RICE RD SHIPPENSBURG, PA 17257, and by serving it by certified and regular mail at 6791 RICE RD SHIPPENSBURG, PA 17257 and in support therefore, presents the attached Affidavit. APOTHAKER & Attorney A Law Firm Enaai By: TES, P.C. Debt Collection David J. ApAt er, Esquire Attorney for Plaintiff Dated: 11/30/2010 t a Our File No.: 276142 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 ) 6500 NEW ALBANY ROAD ) NEW ALBANY, OH 43054 ) Plaintiff, ) vs. ) LAVERN S FREY ) 6791 RICE RD ) SHIPPENSBURG, PA 17257 ) Defendant. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6434 Civil Action AFFIDAVIT OF SERVICE I, Natalie Friess, of full age, depose and say that I am a legal assistant at Apothaker & Associates, P.C., and that on this day I did mail to LAVERN S FREY at 6791 RICE RD SHIPPENSBURG, PA 17257 a copy of a Motion for Alternative Service, Affidavit in Support of Motion, Proposed Order and Affidavit of Service. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection By: V - Natalie Friess Dated: 11/30/2010 Our File No.: 276142 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 ) 6500 NEW ALBANY ROAD ) NEW ALBANY, OH 43054 ) Plaintiff, ) vs. ) LAVERN S FREY ) 6791 RICE RD ) SHIPPENSBURG, PA 17257 ) Defendant. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6434 Civil Action AFFIDAVIT I, David J. Apothaker, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby aver to the best of my knowledge, information and belief, the following: 1. Plaintiff brings this action to collect monies due on a credit card account. 2. The Sheriff of CUMBERLAND County was unable to serve the Complaint upon Defendant at his/her residence at 6791 RICE RD SHIPPENSBURG, PA 17257 because: • UNABLE TO SERVE Attached hereto as Exhibit "A" is a true and correct copy of the CUMBERLAND County Sheriff's Return of Service. 3. I have made an investigation to determine the whereabouts of the defendant and confirm 6791 RICE RD SHIPPENSBURG, PA 17257 as Defendant's address. This investigation has been supplemented by employees trained to skip trace, the process of locating a person's whereabouts, from the time this account was opened through the present day. This investigation consists of, but is not limited to, the use of LexisNexis Accurint for Legal Professionals, Experian Credit Reporting Bureau, whitepages.com, whitepages.com/reverse-lookup, searchsystems.net, PA Recorder of'Deeds County Remote Access sites, in addition to: a. Inquiry of United States Postal authorities pursuant to the Freedom of Information Act, 39 C.F.R. Part 265. Attached hereto as Exhibit "B" is a true and correct copy of the Request for Change of Address from the Postmaster confirming Defendant's address. 4. This investigation confirms that the address that the Sheriff of CUMBERLAND County attempted to serve the defendant at 6791 RICE RD SHIPPENSBURG, PA 17257, the address where defendant is located. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. APOTHAKER & SOC TES, P.1 Attorney r Plai iff /,,ti A Law Firm Enea ed in D ht (?? By: David J. Apo ak , Esquire Dated: November 30, 2010 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor [discover Bank vs. Case Number Lavern S. Prey 20106434 SHERIFF'S RETURN OF SERVICE 10127/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit. Lavern S. Frey, but was unable to locate him in his bailiwick, He therefore returns the within Complaint and Notice as not found as to the defendant Lavern S Frey. Current resident of 74 W. King Street #4, Shippensburg, PA 17257 advised Deputies, they have resided at this location for the past 6 months and they do not know the defendant. However, The Shippensburg Postmaster is still delivering Lavern S. Frey's mail to 74 W. King Street #4, Shippensburg, PA 17257. SHERIFF COST: $51.00 October 27, 2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY SO ANSWERS, RONW R ANDERSON, SHERIFF Our File No.: 276I4? November 10, 2010 Request for Change of Address or Box Holder Information Needed for Service of Legal Process POSTMASTER SHIPPENSBURG. PA 17257 ?By?M Please furnish the new- address or the name and street address, if a box holder, for the following: Name: L AVERN S FR EY Address: 6791 RICE RD SIi1PPENSBURG, PA 17257 MOTE: The name and last known address are required for change of address information. The name, if known and post oflice box address are required for box holder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii), There is no fee for providing box holder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g.. process server, attorney, party representing himself): ATTORNEY 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro see - except a corporation acting prose must cite statute): 1 The names of all known parties to the litigation DISCOVER BANK BY H'S SERVICING AGENT DFS SERVICES, LLC v. LAVERN S FREY 4. The court in which the case has been or will be heard: PROTHONOTARY 5. The docket or other identif_y-ing number if one has been issued: 10-6434 6. The capacity in which this individual is to be sewed (e.g. defendant or witness): DEFENDANT WARNING THE SUBMISSION OF FALS1- INFORMAI ION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR. BOXHOLDEX INFORMATION FOR. ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACI`UAL, OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCI,UI)ING A FINE OF (JP TO $101000.00 OR I.MPRISONNIENT OR (2)T0 AVOID PAYMENT OF THE FEE FOR CHANGE OF A1)I3KESS 1NE'OKMA 1 ION tar NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify, that the above information is true and that the address information is needed and will be used solely, for service: of legal process in connection with actual or prospective litigation. Signature DAVID J APOTHAIER, ES(A) 520 Fellowship Road 0306 Mount Laurel, NJ 08054 FOR POST OFFICE USE ONLY IF PO BOX - PROVIDE STREET ADD r7T No Change of Address Order on. File NEW ADDRESS or BOXEIOLDER'S PO ? Not Known at Address Given NAME and STREE E ADDRESS ? Moved Left no Forwarding Address ? No Such Address -- -- DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC, Plaintiff V. LAVERN S. FREY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 10-6434 CIVIL TERM IN RE: MOTION FOR ALTERNATE SERVICE ORDER OF COURT AND NOW, this 16'h day of December, 2010, upon consideration of the Motion for Alternate Service, it is ordered and directed that service of the complaint in this case upon Lavern S. Frey may be made (1) by regular and certified mail at 6791 Rice Road, Shippensburg, PA 17257, service to be deemed complete upon mailing and (2) by publication once in the Cumberland County Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania. David J. Apothaker, Esq. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Attorney for Plaintiff coi Y ma`LCc. k/1 -2 / 16 BY THE COURT, J Our File No.: 276142 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff T`t 1' OTHOHOTAPN 2011 f EB 25 PM 2 CU PENNSYLYAN{A TY DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC Plaintiff, vs. LAVERN S FREY Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10-6434 PRAECIPE TO REINSTATE COMPLAINT - CIVIL ACTION TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned Civil Action for an additional thirty (30) days. APOTHAKE ASSOCIATES, P.C. Atto e for Plaintiff A Law Firm E g ed in Debt Collection i BY: David J. thaker, Esquire Dated: 2/15/2011 ur,A i 16.00 N 0 CV 17 595 V-*- 9.55775 Our File No.: 276142 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker 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. LAVERN S FREY Defendant. 9 ?, ? lti F' COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10-6434 PRAECIPE TO REINSTATE COMPLAINT - CIVIL ACTION TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned Civil Action for an additional thirty (30) days. ES, P.C. APOTHAKER & F Attorney A Law Firm Eng ollection BY: David J. Apothaker, Esquire Dated: 2/23/2011 6;? Kit ?? 7sr? ?? ?? gas '101414V V } Our File No.: 276142 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 502 E MARKET ST GREENWOOD, DE 19950 Plaintiff, VS. LAVERN S FREY 6791 RICE RD SHIPPENSBURG, PA 17257 Defendant. Civil Action MOTION FOR ALTERNATIVE SERVICE Pursuant to Pa. R.C.P. 430(a), Pa. R.C.P. 410(c)(2), Plaintiff, by and through its attorneys, requests that this Honorable Court grant an ORDER permitting service of the Complaint upon the Defendant(s) by posting the Complaint on the most public part of the property located at 6791 RICE RD SHIPPENSBURG, PA 17257, and by serving it by certified and regular mail at 6791 RICE RD SHIPPENSBURG, PA 17257 and in support therefore, presents the attached Affidavit. APOTHAKER & A Law Firm By: SOCIATES, P.C. Plaintiff .n Debt Collection FILED-OFFICE DF THE FRUTH01 C i$Af '011 APR 29 PM 12: ;53 CUMBERLAND COUN s' PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6434 David J. ApothaTer, Esquire Attorney for Plaintiff Dated: 4/19/2011 Our File No.: 276142 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 502 E MARKET ST GREENWOOD, DE 19950 Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6434 VS. LAVERN S FREY 6791 RICE RD SHIPPENSBURG, PA 17257 Defendant AFFIDAVIT OF SERVICE Civil Action I, Lisa Mohrmann, of full age, depose and say that I am a legal assistant at Apothaker & Associates, P.C., and that on this day I did mail to LAVERN S FREY at 6791 RICE RD SHIPPENSBURG, PA 17257 a copy of a Motion for Alternative Service, Affidavit in Support of Motion, Proposed Order and Affidavit of Service. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. APOTHAKER & ASSOCIATES, P.C. ttorney for Plaintiff A Law Fix Enmaized in Debt Collection By: Dated: 4/19/2011 V Our File No.: 276142 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 502 E MARKET ST GREENWOOD, DE 19950 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6434 Plaintiff, vs. LAVERN S FREY 6791 RICE RD SHIPPENSBURG, PA 17257 Defendant. AFFIDAVIT Civil Action I, David J. Apothaker, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby aver to the best of my knowledge, information and belief, the following: 1. Plaintiff brings this action to collect monies due on a credit card account. 2. The Sheriff of CUMBERLAND County was unable to serve the Complaint upon Defendant at his/her residence at 6791 RICE RD SHIPPENSBURG, PA 17257 because: • NO ANSWER Attached hereto as Exhibit "A" is a true and correct copy of the CUMBERLAND County Sheriff's Return of Service. 3. I have made an investigation to determine the whereabouts of the defendant and confirm 6791 RICE RD SHIPPENSBURG, PA 17257 as Defendant's address. This investigation has been supplemented by employees trained to skip trace, the process of locating a person's whereabouts, from the time this account was opened through the present day. This investigation consists of, but is not limited to, the use of LexisNexis Accurint for Legal Professionals, Experian Credit Reporting Bureau, whitepages.com, whitepages.com/reverse-lookup, searchsystems.net, PA Recorder of Deeds County Remote Access sites, in addition to: a. Inquiry of United States Postal authorities pursuant to the Freedom of Information Act, 39 C.F.R. Part 265. Attached hereto as Exhibit "B" is a true and correct copy of the Request for Change of Address from the Postmaster confirming Defendant's address. 4. This investigation confirms that the address that the Sheriff of CUMBERLAND County attempted to serve the defendant at 6791 RICE RD SHIPPENSBURG, PA 17257, the address where defendant is located. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. APOTHAKER & S CIATES, P.C. Attorney r aintiff A Law Firm Engalzd iPDebt Collectioi By: David J. Apothaker, Esquire Dated: April 19, 2011 ou)4- ) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard' W Stewart solicitor Discover Bank Case Number VS. Lavern S. Frey 2010-6434 SHERIFF'S RETURN OF SERVICE 0310712011 Ronny R. Anderson, Sheriff, who being duly sworn according to taw, states that he made a diligent search and inquiry for the within named defendant to wit. Lavern S. Frey, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Lavern S Frey. Request for service at 6791 Rice Road, Shippensburg, Pennsylvania 17257 is located in Franklin County. SHERIFF COST: $33.44 March 07, 2011 SO ANSWERS, ( RON R ANDERSON, SHERIFF 1 Our File No..: 276142 1 March 16; 2011. Request for Change of Address or Box Holder Information Needed for Service of Legal Process POSTMASTER C V, SHIPPENSBURG, PA 17257 Y Please furnish the new address or the name and street address, if a box holder, for the following: Name: LAVERN S FREY Address: 6791 RICE RD SH.I.PPENSBURG, PA 17257 NOTE: The name and last known address are required for change of address information. The name, if known and post office box address are required for box holder information. The fallowing information is provided in accordance with 39 CFR 265,6(dX6Xii). There is no fee for providing box holder information. The fee for providing change of address infornnation is waived in accordance with 39 CFR 265.6(d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. I . Capacity of requester (e.g., process server, attorney; party representing himself): ATTORNEY 2. Statute or regulation that empowers me to serve process (not required when requester as an attorney or a party acting pro se - except a corporation acting pro se must cite statute): _......... 1 The names of all known parties to the litigation: DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC v. TAVERN S FREY 4. 'I'he court in which the case has been or will be heard: PROTHONOTARY 5. The docket or other identifying number if one has been issued: 10-6434 6. The capacity in which this individual is to be served (e.g, defendant or witness): DEFENDANT WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000.00 OR IMPRISONMF,NT OR (2) -1'0 AVOID PAYMENT OF 1-i-iE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE IS U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. <ffz)-? Signature DAVID J AP(A RAKER, ESQ 524 Fellowship Road 0346 Mount Laurel, NJ 08454 FOR POST OFFICE USE ONLY IF PO BOX - PROVIDE STREET ADDRESS --'? No Change of Address Order on File NEW ADDRESS or BOXHOLDER'S POSTMARK [INot Known at Address Given NAME and STREET" ADDRESS ? Moved Left no Forwarding Address .-_ _ El No Such Address _ _ ...... DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC, Plaintiff V. LAVERN S. FREY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA gym ' CIVIL ACTION - LAW ?° NO. 10-6434 CIVIL TERM., - a , IN RE: MOTION FOR ALTERNATIVE SERVICE ORDER OF COURT AND NOW, this 3rd day of May, 2011, upon consideration of Plaintiff's Motion for Alternative Service, pursuant to Pa. R.C.P. 430(a) and Pa. R.C.P. 410(c)(2), is granted, permitting service by posting the complaint on the property located at 6791 Rice Road, Shippensburg, PA 17257, by serving it by certified and regular mail at 6791 Rice Road, Shippensburg, PA 17257, service to be deemed complete upon mailing, and by publication once in the Cumberland County Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania. BY THE COURT, David J. Apothaker, Esq. APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Attorney for Plaintiff qpq C ? J. rWes ey Oleo ., U Our File No.: 276142 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. LAVERN S FREY Defendant. rn? COURT OF COMMON PLEASrC, CUMBERLAND COUNTY w. NO. 10-6434 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & A Law Firm By: RTES, P.C. Debt David J. Apothaker, Esquire Dated: 6/10/2011 QA?7IIIIIS NI,???