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HomeMy WebLinkAbout10-6444SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~,~~tiit~ off' ~ra~6rr/~ i6 7 i~ '4;s r war rn :: ~'FFFiCE `~ '~iE S`•ERIFF i~.~~-D~~IC~T}a ~p~j Jody S Smith Chief Deputy Richard W Stewart Solicitor L~~ ~~~ G.. ~ t ~ ~' _~~.. ~ Discover Bank vs. Denise R. Hill Case Number 2010-6444 SHERIFF'S RETURN OF SERVICE 10/18/2010 01:39 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 18, 2010 at 1339 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Denise R. Hill, by making known unto herself personally, at 259 Jumper Road, Newburg Cumberland County, Pennsylvania 17240 its contents and at the same time handing to her personally the said true and correct copy of the same. L~ ~ NOAH CLINE, DEPUTY SHERIFF COST: $46.00 October 19, 2010 SO ANSWERS, r C'Sf"`W" ~" RON R ANDERSON, SHERIFF (ci CounfySuite Sheriff. Telecsoft. Inc. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC Plaintiff vs. DENISE R HILL Defendant NO: 10-6444 COMPLAINT IN CIVIL ACTION ANSWER TO COMPLAINT 1. Admitted 2. Admitted 3. Admitted 4. Admitted n c-~ o -n r~n °~ ~ ~ - ~ r ~ ~° , d -t7 p~t~ 3> n ~ ~- ~~ ~ ~~ ° ~ -c -' -c 5. Denied, don't believe that is the total I owe. I was not provided with adequate proof and documentation that the debt is valid. Please provide me with documentation showing that the debt amount is true and accurate. 6. Denied, don't agree with the entire balance. 7. Denied, I don't believe that is the total I owe. I was experiencing financial difficulty that made me unable to pay my bill. I sent Discover a letter of hardship (See Exhibit "A") explaining my situation. I am in no way running from my debt or refusing to pay. I am more than willing to work out a reasonable affordable offer to settle this debt out of court. Wherefore, the Defendant prays your Honorable Court to dismiss the complaint and allow us to settle this outside of court. I have been negotiating with Apothaker & Associates thru Heritage Debt on my behalf to try and resolve this financial burden. Respectfully submitted, Denise R Hill Defendant ~~' ~- ~~ VERIFICATION I verify that the statements made in these Answers are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Denise R Hill CERTIFICATE OF SERVICE I, Denise R. Hill, hereby certify that a copy of the foregoing answer was served this date by depositing the same in the Post Office at Newburg, Pennsylvania, first class mail, postage paid, address as follows: David J Apothaker #38423 Apothaker & Associates P.C. 520 Fellowship Rd C306 Mount Laurel, NJ 08054 Respectfully Submitted, Denise R Hill EXHIBIT "A" Date: November 1, 2010 Name: Denise R Hill Address: 259 3umper Rd Address: Newburg, PA 17240 Creditor Name: DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Address: Mount Lautel, NJ 08054 Reference: 287980 (Account #): 6011002124426966 Dear Sir or Madam: I have been experiencing financial difficulties and have been having trouble meeting my financial obligations. I am having financial trouble because of a back injury that happened back in February 2010 and I haven't been able to work since date of injury. I also have a baby that I am trying to afford to buy diapers and feed. My husband has a seasonal job so he only works in the summer. He does work some in the winter but only if it snows. He cant get a different job because of his contracts to remove snow when it happens and no job is going to just let him off because it snowed. He used to work with a Amish guy who was a logger in the winter months but with the economy the way it is he decided to find different work. Its not that I don't want to pay this bill, but that I cant. I am receiving help finm the state right now just so we can feed our family. We are also receiving help to pay our electric bills and getting fuel assistance because we cant afford to pay those bills either. So please believe me if I could afford to pay this I would, but right now there is no way I can. We also have one other cazd in summons and there is no way I can pay them so I am hoping the honorable judge will see that I am a good person and I am not just trying to skip out on paying my bills. Its that financially I cant afford it right now. I am requesting that you do not contact my work because I am not working right now plus if by chance I get better here soon you calling could jeopardizes my job, which may result in my termination. I am also requesting that all future correspondence with me be in writing. Sincerely, ~,a, ~ u~a Name: Denise R Hill Oiar File No.: 287980 DISCOVER BANK BY ITS SERVICING ) AGENT DFS SERVICES LLC ) Plaintiff ) vs. ) DENISE R HILL ) Defendant ) Esq., and PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: c _D O ?? rx -n -? o ?o =C 2! ? c=5 yZ r ?rri C) A 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 $5969.07. 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. AM ectfully S fitted, ? D June 22, 2011 e y F. Scian, Esquire . • ??}• ?d ORDER OF COURT AND NOW, and as prayed for. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-6444 Civil Action Esq., Esq., are appointed arbitrators in the above captioned action By the Court, 20, in consideration of the foregoing petition, Our File No.: 287980 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC Plaintiff vs. DENISE R HILL Defendant Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: C"7 r.? rnm Zrn cn a o ?c5 - CQ C? ? _ 7 ©- C %c ?h am ? -.? Q ?. 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 $5969.07. 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. ?- ResAKivbey ectfully S fitted, June 22, 2011 F. Scian, Esquire • a?{. ?d ?,? 3oco av ORDER OF COURT a (? l 93 (P AND NOW, Qwzu_- // , 20// , in consideration of the foregoing petition, Esq., and G . Le &?cti? Esq., and ni Esq., are appointed arbitrators in the above captioned action as prayed for. VINvAuSNN3d `?`1???? QNd14?39hin?By the Court, ?,? :a Nn z ? ?nr 1 Boa 1 a 4 A4v ?/.???6Pr ly ? SC ? n ?s Copes rKCC ./rd 7?I? ?Ic ?2/tom IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-6444 Our file No.: 287980 ;?'yl Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff i 00 r ?1.,` BERLAKID COUNTY PENNSYLVANIA DISCOVER BANK BY ITS SERVICING ) AGENT DFS SERVICES LLC ) Plaintiff, ) VS. ) DENISE R HILL ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-6444 Civil Action Z STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on August 03, 2011, STIPULATED by and between DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC ("Plaintiff') and DENISE R HILL ("Defendant"), as follows: 1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $5,969.07, plus court costs in the amount of $0.00, for a total of $5,969.07. 2. Defendant agrees to pay to Plaintiff the sum of $5,121.00; which sum Plaintiff agrees to accept in full settlement of its claim herein. 3. As of this date, payments totaling $3,700.00 have been applied to the aforementioned sum,. 4. Defendant shall remit payment(s) in the following manner: a. $284.20 to be paid on or before the 17th day of each month, beginning August 17, 2011 through December 17, 2011. 5. All checks shall be made payable to "DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC", and sent to the office of Plaintiff's attorney, Apothaker & Associates, P.C., located at the following address: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation and the default is not cured within ten (10) days, then Plaintiff shall be entitled to obtain the entry of Judgment against Defendant in the suit amount, plus court costs, as specified in paragraph one (1) of this stipulation less any sums paid pursuant to this Stipulation, upon ex parte application, with supporting certification, and with notice to Defendant in the form of a copy of the application addressed to Defendant by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. By: amin J. Cavallaro, Esquire Atto ey ID# 307949 ah-Aer & Associates, P.C. Attorneys for Plaintiff By:_ 6M'4? -? li6-v DENISE R HILL Defendant 2 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC, Plaintiff VS. DENISE HILL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CS - rt?co CIVIL ACTION - LAW =-rr , r NO. 10-6444 CIVIL W i t QD '°i•i ORDER AND NOW, this /?. day of October, 2011, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Henry Coyne, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, ? Z4 Kevin A/Hess, P. J. Henry Coyne, Esquire V Court Administrator Am ee py Wta. k er1 101411 wt, Our File No.: 287980 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 OF THE PRO ? fONO TAR Y 2012 JAN 13 PM 1: 28 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. NO. 10-6444 DENISE R HILL Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHA & ASSOCIATES, P.C. ttom ys for Plaintiff A Law F frm E aged in Debt Collection By: David J. Dated: 1/4/2012 , Esquire 111111111111111111111111