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Home My WebLink About10-7880Our File No.: 298568 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 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 Plaintiff, vs. RYANJFRAKER 55 WARWICK, CIR MECHANICSBURG, PA 17050-2653 Defendant. I!EQ,,F! ?: C i?l?- DEC 28 All c?: p2 ;A COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: # 1?I 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 P/ 717-249-3166 ' ?1?Gi?Jli/Ltd Our File No.: 298568 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 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 Plaintiff, vs. RYANJFRAKER 55 WARWICK CIR MECHANICSBURG, PA 17050-2653 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is DISCOVER BANK, 6500 NEW ALBANY ROAD, NEW ALBANY, OH 43054. 2. Defendant(s) is/are RYAN J FRAKER, an adult individual residing at 55 WARWICK CIR MECHANICSBURG, PA 17050-2653. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK, issued to Defendant(s), Account # ending in 5036. 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 $6,111.15. 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 $6,111.15 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney f laintiff A Law Firm Engag d In Debt Collectior BY: David J. Apo**er, Esquire Dated: 12/20/2010 Our File No.: 298568 VERIFICATION David J. Anothaker 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.I`A04 relating to unworn falsification to authorities. David J. Apothake?squi Attorney for Plaintiff DATE: 12/20/2010 DISCOVER BANK RYAN J FRAKER 55 WARWICK CIR MECHANICSBURG, PA 17050-2653 STATEMENT OF ACCOUNT Debtor's Name: RYAN J FRAKER Account Number: ending in 5036 Balance Due: $6,111.15 Our File No.: 298568 EXHIBIT "A" '298568 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 Plaintiffs: [?E ourt Number. DISCOVER BANK x piration Date: Type of Action: Defendants: Civil Action RYANJFRAKER Serve Upon: RYAN J FRAKER Address for Service: 55 WARWICK CIR MECHANICSBURG, PA 17050-2653 Alternate Address for Service: Type of Service: O 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 i? ILb.?-C;a a E x Jody S Smith Chief Deputy Richard W Stewart Solicitor a }? JAN -7 P 12: 1 1 ;?lMBERLAND ;jfai -'' PE NSYLI/AIlh.11, Discover Bank vs. Case Number Ryan J. Fraker 2010-7880 SHERIFF'S RETURN OF SERVICE 12/28/2010 07:53 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2010 at 1953 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ryan J. Fraker, by making known unto himself personally, at 55 Warwick Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 January 04, 2011 RO RT BITNE4PUiTY?? , SO ANSWERS, RON R ANDERSON, SHERIFF Our file No.: 298568 ;?- Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK vs. RYAN J FRAKER Plaintiff, Defendant. 2011 FEB -1 FM 3-* 22 CU PENNSYLVANIA T 1 COURT OF COMMONS PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-7880-CIVIL Civil Action ., f ov 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 January 18, 2011, STIPULATED by and between DISCOVER BANK ("Plaintiff') and RYAN J FRAKER ("Defendant"), as follows: 1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $6,111.15. 2. Defendant agrees to pay to Plaintiff the sum of $5,081.00, which sum Plaintiff agrees to accept in full settlement of its claim herein. 3. As of this date, payments totaling $0.00 have been applied to the aforementioned sum. 4. Defendant shall remit payment(s) in the following manner: a. $2,200.00 to be paid on or before January 28, 2011; b. $576.20 to be paid on or before the 28th day of each month, beginning February 28, 2011 through June 28, 2011. 5. All checks shall be made payable to "DISCOVER BANK", 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 1 6. 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 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., allaro, Esquire Tjey # 307949 & Associates, P.C. Attorneys for Plaintiff By: RY?LT ? RAI Defendant 2 Our File No.: 298568 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 Plaintiff, vs. RYAN J FRAKER KI I JUL 20 Pia 1: 58 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-7880-CIVIL Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & OCIATES, P.C. Attorney fo Plaintiff ''''?/ A Law Firm Ent Red n Debt Co,Kectioi By: ?64? David J. Apothaker, Esquire Dated: 7/12/2011 1