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Home My WebLink About11-8497Our File No.: 328744 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 c/o DB SERVICING CORPORATION 6500 NEW ALBANY RD NEW ALBANY OHIO 43054 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: `/-gc1 /-7 etIIZ- Plaintiff, vs. ROSEMARY C CROUSE 350 MEADOWS RD NEWVILLE, PA 17241-8733 Defendant. NOTICE e rnco ' o o r-o - s° v C-n r •• O rr? a --+ w 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 717-249-3166 5 ell 7o:9- 4F ?#?67203 Our File No.: 328744 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 ) c/o DB SERVICING CORPORATION ) 6500 NEW ALBANY RD ) NEW ALBANY OHIO 43054 ) Plaintiff, ) VS. ) ROSEMARY C CROUSE ) 350 MEADOWS RD ) NEWVILLE, PA 17241-8733 ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is Discover Bank ("Plaintiff"), a Delaware State Bank and issuer of the Discover Card. 2. Defendant(s) is/are ROSEMARY C CROUSE, an adult individual residing at 350 MEADOWS RD NEWVILLE, PA 17241-8733. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK, issued to Defendant(s), Account # ending in 0876. 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 $8,519.80. 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 $8,519.80 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. A ey for Plaintiff A Law Fi E aged in Debt Collection BY: David Dated: 11/3/2011 , Esquire Our File No.: 328744 VERIFICATION I, David J. Apothaker, Esquire, hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities that I am counsel for Plaintiff in this action, that I make this Verification based upon the facts as supplied to me by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court, and that the facts set forth in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. APOTHAKER & AkJOCIATESI P.C. Attorney or laintiff r' A Law Firm EnL-a ed rn Debt/ollectioi BY: David J. Apot)kK-er, Esquire DATE: 11/7/2011 DISC NEW New Balance Minimum Payment Due v G1? $0.00 $1,534.00 _i Payment Due Date July 28, 2011 30 SDSN6A01 0011608 ROSEMARY CROUSE 350 MEADOWS RD NEWVILLE PA 17241-8733 0011 PO BOX 6103 1111111111111 111111 CAROL STREAM It. 60197-6103 Address, e-mail or telephone change? Irlil1ii111111iI11i11i111i1lilrrlliilir1111111II1if11111111JI Go to www.Discover.com or print change in space above. Valle: June 24, 2011 - Closing Date: June 31 Discover Open Road Card Account Sum Account number ending in 0876 Previous Balance $8,519.80 Payments And Credits 8,519.80 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 New Balance - --$-0-06 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $11,000.00 Credit Line Available $0.00 Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0,00 Cashback Bonuse Anniversary Month September Opening Cashback Bonus Balance $ 0,00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To learn rnore, bg in al www.Discover.com Account Number ending in 0876 Enter Amount Enclosed Below Tired of buying stamps? Go mobile! Make and schedule payments from your phone with the Discover app. It's fast and it's free. Download now at discover.comlapps page 1 of 2 Payment Information New Balance $0.00 Minimum Payment Due $1,534.00 Payment Due Date July 28, 2011 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 14.99% variable. Manage Your Account Online at www.Discover.com • Securely access statements and Free online tools, pay bills online and track and view all transactions simply and easily • Make your money worth moresm-Find easy ways to earn and redeem cash rewards NEW! Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1. Access your account securely at wvwv.Discover.com 2. Call 1.800-DISCOVER (1-800,347-2683) Please have your Discover®card available. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 8,4130 [Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Carol Stream, It 60197-6103 For TDD (Telecommunications Device for the Deafl assistance, please call 1-800-347.7449. Transactions Trans. Post Date Date Payments and Credits Jun 30 Jun 30 INTERNAL CHARGE-OFF a -R rto Rn reds TOTAL FEES FOR THIS PERIOD n nn rniumsr %-nargea TOTAL INTEREST FOR THIS PERIOD $ 000 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 TOTAL INTEREST CHARGED IN 2011 0.00 71.97 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloadable, password protected statements. • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through e-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. • Sign up today of Discovercom/paperless 02010 Discover Bank, Member FDIC PAPER.0310 Questions? visit www,Discover.com or tali 1-800-DISCOVER (1-800-347-2683). DISC®VEIZ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy .i 7' T P'RtlTM!'9 T? r , 2011 NOV 30 AN 11:4 o Richard W Stewart Solicitor 0FF1 ?-uRIFF ,UMBERLAND, CoUN7 y PENNSYLVANIA Discover Bank vs. Rosemary C. Crouse Case Number 2011-8497 SHERIFF'S RETURN OF SERVICE 11/23/2011 05:25 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on November 23, 2011 at 1725 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Rosemary C. Crouse, by making known unto herself personally, at 350 Meadows Road, 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. ROBE T BITNER, D TY SHERIFF COST: $40.00 SO ANSWERS, November 28, 2011 RON ~ R ANDERSON, SHERIFF io GounlySuite Sherrfr, leleosoft Inc Our File No.: ')28'/ .44 DISCQVER BANK vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 11-8497-CV ROSEMARY C CROUSE ) Civil Action C) Defendant zr^ `== - z;:o i -; PRAECIPE FOR APPOINTMENT OF ARBITRATORS r-? -? ?f :x TO THE HONORABLE, THE JUDGES OF SAID COURT: ? Benjamin J. Cavallaro, Esquire, counsel for the Plaintiff in the above action, respectfully repres er that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $8519.80. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff _ Benjamin J. Cavallaro, 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 w?gm the case shall be submitted. ` ~= i z 'T T Respectful) bmitted, - ,- .rte ,„r -.d.1 S March 6, 2012 Benj in J. Ca allaro, Esquire ti. ORDER OF COURT AND NOW, and as prayed for. f F-L?S?'Y?-tQi?•- C r? ? ?DUS c? Plaintiff 20/a , in consideration of the foregoing petition, Esq., and p( Esq., Esq., are appointed arbitrators in the above captioned action By the Court, es fiialnq yea//a 4 (r t' IV Our file No.: 328744 Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK Plaintiff, VS. ROSEMARY C CROUSE Defendant. 1 If . r COURT OF COMMON PLEA ° CUMBERLAND COUNTY -° . e n ~rn : 11-8497-CV U)r- DOCKET NO . Civil Action c-. 3c ." STIPULATION IN LIEU OF IW1 ANT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on March 08, 2012, STIPULATED by and between DISCOVER BANK ("Plaintiff') and ROSEMARY C CROUSE ("Defendant"), as follows: 1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $8,519.80, plus court costs in the amount of $132.00, for a total of $8,651.80. 2. Defendant agrees to pay to Plaintiff the sum of $6,972.00; which sum Plaintiff agrees to accept in full settlement of its claim herein. 3. As of this date, payments totaling $4,050.00 have been applied to the aforementioned sum. 4. Defendant shall remit payment(s) in the following manner: a. $584.40 to be paid on or before the 21St day of each month, beginning April 21, 2012 through August 21, 2012. 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 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: Benj in J avallaro, Esquire A hey ID# 307949 Apothaker & Associates, P.C. Attorneys for Plaintiff By. --''' a ?-- ROSr RY C CRO E .. Defendant Our File No.: 328744 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 Plaintiff vs. ROSEMARY C CROUSE Defendant Civil Action PRAECIPE TO WITHDRAW PRAECIPE FOR ARBITRATION TO THE PROTHONOTARY: Kindly withdraw Plaintiff's Praecipe for Arbitration. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Benj . i., 4r Lr{ ? Y'-r '_) s i 0 0 Tt.i+. #5 ERLAIND CUUr? T'L," 7, E.HI'4'SYLVAHIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 11-8497-CV Esquire ti ?tp1 ? 0 It `?o F t 1, LV,qrflA, Dated: May 16, 2012 DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA: vs. CIVIL ACTION - LAW ROSEMARY C. CROUSE, NO. 11-8497 CIVIL Defendant ORDER AND NOW, this Z/ day of May, 2012, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Gregory Abeln, Esquire, Chairman, shall be paid the sum of $50.00. ? Gregory Abeln, Esquire / Court Administrator rlm Copy twa. led 15- 3k, lqfL c ?. M zC: BY THE COURT,