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Home My WebLink About10-6439SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~p~~~itC oC ~ utR1~!'rui ~ i ~'• .{ rte. : r~;,. £~~Fi4~ pF'~c S~ERI~F ~'fLED-(~EFlCE k, ~~lE €'Rf~T~-~OP~Q T~,RY 201(1 OCT f 9 AM 10~ 3 ~ rUMBERLAiC~ ~~UT'~` ~EPdSY~..~/~+~E~ Discover Bank vs. Case Number Leroy D. Sheriff, Jr. 2010-6439 SHERIFF'S RETURN OF SERVICE 10/14/2010 03:22 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 14, 2010 at 1522 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Leroy D. Sheriff Jr., by making known unto himself personally, at 140 Horsekiller Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to hirr personally the said true and correct copy of the same. / ~~ DENNI RY, DEPU SHERIFF COST: $46.00 October 15, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF cj CountySuite Sheriff. Teleosoft, Inr,. ap. 41- Our File No.: 287252 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. 4307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff PROTNQNOTAR'iF ?C!211AR 21 PH 3: 12 CUMBERLAND COUNTY PENNSYLVANIA DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC Plaintiff vs. LEROY D SHERIFF JR Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6439 Civil Action MOTION TO AMEND CAPTION 1. On or about October 01, 2010 our firm filed a Civil Action Complaint captioned DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC vs. LEROY D SHERIFF JR. 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 A? A. conform the pleading to the evidence offered or admitted. 6. 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: Be 'amin Cavallaro, Esquire Dated: March 16, 2012 Our File No.: 287252 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. LEROY D SHERIFF JR Defendant NO.: 10-6439 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 October 01, 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: Benj t) Cavallaro, Esquire Dated: March 16, 2012 • Our File No.: 287252 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. LEROY D SHERIFF JR 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: LEROY D SHERIFF JR 140 HORSE KILLER RD SHIPPENSBURG, PA 17257-9686 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Benj mEsquire Dated: March 16, 2012 NO.: 10-6439 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC, Plaintiff v. LEROY D SHERIFF JR, Defendant IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT No. 2010-6439 CIVIL TERM IN RE: MOTION TO AMEND CAPTION RULE TO SHOW CAUSE -To- AND NOW, this2,1 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. By tjle (Qourt, ThokYas?A. Placey C.P.J. Distribution List: ? Benjamin J. Cavallaro, Esq. c _ Apothaker & Associates rn : V' ^ 520 Fellowship Road C306 - Mount Laurel, NJ 08054 For Plaintiff ' ' Leroy D. Sheriff, Jr. T 140 Horse Killer Road r' Shippensburg, PA 17257-9686 Defendant, pro se &'f , e,6 mug. l ed k='/L L . Our File No.: 287252 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 'b 1a ' 't-1 v DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC Plaintiff VS. LEROY D SHERIFF JR 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: amin J. gavallaro, Esquire COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6439 Dated: May 15, 2012 I i. Our File No.: 287252 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 ONO`T'A R 'r 2312 JUL 24 AM 8: 84 IA 0#J'ENNS COUNTY NtA DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC Plaintiff vs. LEROY D SHERIFF JR Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6439 Civil Action MOTION TO AMEND CAPTION On or about October 01, 2010 our firm filed a Civil Action Complaint DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC vs. LEROY D SHERIFF JR. 2. The Plaintiff changed its name to DISCOVER BANK. ?. The correct name for the Plaintiff should be DISCOVER BANK. 4. Accordingly, the Plaintiff now respectfully petitions the Court to allow Plaintiff 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 De consents to having the Motion heard on the Briefs. WHEREFORE, Plaintiff requests this court to enter an Order granting leave to Plaintiff s Complaint. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY Our File No.: 287252 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. LEROY D SHERIFF JR Defendant Civil Action BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO AMEND CAPTION Plaintiff, DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC filed against Defendant on or about October 01, 2010. Plaintiff requests that this Court enter an allowing Plaintiff to amend the caption hereto pursuant to Pa.R.C.P. No. 1033. WHEREFORE, DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES 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 NO.: 10-6439 BY: Benj n J. C allaro, Esquire Our File No.: 287252 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. LEROY D SHERIFF JR Defendant CERTIFICATION OF SERVICE Civil Action 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 thereof by mail on: LEROY D SHERIFF JR 140 HORSE KILLER RD SHIPPENSBURG, PA 17257-9686 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection NO.: 10-6439 BY: Benjami J. Ca llaro, Esquire APOTHAKER&ASSOCIATES, P.C. ATTORNEYS AT LAW July 18, 2012 LEROY D SHERIFF JR 140 HORSE KILLER RD SHIPPENSBURG, PA 17257-9686 RE: DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC v LEROY D SHERIFF JR DOCKET NO.: 10-6439 OUR FILE NO: 287252 DEAR LEROY D SHERIFF JR 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. b 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. LEROY D SHERIFF JR, Defendant of OOOOPW IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL DISTRICT No. 2010-6439 CIVIL TERM IN RE: MOTION TO AMEND CAPTION RULE TO SHOW CAUSE AND NOW, this2W day of August, 2012, upon consideration of Pla Motion to Amend Caption, filed July 24, 2012,1 a Rule is issued upon Defendant to cause why Plaintiff should not be entitled to amend the caption to reflect the name of the Plaintiff as Discover Bank. RULE RETURNABLE within 20 days from the date of service of this Rule. ByThe Court, Thomas A. Placey, C.P.J. Benjamin J. Cavallaro, Esq. Apothaker & Associates 520 Fellowship Road C306 Mount Laurel, NJ 08054 c For Plaintiff w rT V Leroy D. Sheriff, Jr. iv 140 Horse Killer Road Shippensburg, PA 17257-9686 _ Defendant, pro se ' 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.: 287252 & ASSOCIATES, P.C. THE- APOTHAKER ' R07110,041-7% .,;, BY: David J. Apothaker, Esquire 21113 OCT Attorney I.D.# 384231 +' (: 20 520 Fellowship Road C306 �B RL li �� Mount Laurel,NJ 08054 - - NNS Y y ,A N- t (800)672-0215 'ail Attorney for Plaintiff DISCOVER BANK ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY Plaintiff, ) vs. ) ) LEROY D SHERIFF JR ) NO. 10-6439 ) ) Defendant. ) ) PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER& SSOC I A TES, P.C. Attorne;s for Plai tiff A Law Firm Enp.aged in Debt Collection By: David J. Apo i -r, Esquire 11101111111110 1 1 1111 * Q 2 87 2 5 2 D I S M 1 - *