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Home My WebLink About12-2987Our File No.: 339865 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. HEATHER B WADAS 1 I I N PENN ST SHIPPENSBURG, PA 17257-1311 Defendant. 41 U .- J C 21??,Y 14 PM 12* CUMBERLAND SYLVAN NUN COURT OF COMMON PLEAS CUMBER / z -,,?-987 LAND COUNTY 7 NO.: '7? 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 717-249-3166 Q ifi6.3.7s C-K? ss?z9 ? a7sr.s3 Our File No.: 339865 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. HEATHER B WADAS IIINPENN ST SHIPPENSBURG, PA 17257-1311 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 HEATHER B WADAS, an adult individual residing at Ill N PENN ST SHIPPENSBURG, PA 17257-1311. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK, issued to Defendant(s), Account # ending in 1316. 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 $17,02238. 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 $17,022.38 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney r Plaintiff A Law Firm En2a d n Debt BY: David J. Apotyaker, Esquire Dated: 5/1/2012 Our File No.: 339865 VERIFICATION I, David J. Apothaker, Esquire, hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn 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. infonnation, and belief APOTHAKER & ASS IATES, P.C. Attorney for lJebt ntiff A Law Firm Emame in Collectipi BY: David J. Apoth'akee?sauire DATE: 5/1/2012 DISCOVER BANK HEATHER B WADAS 111 N PENN ST SHIPPENSBURG, PA 17257-1311 STATEMENT OF ACCOUNT Debtor's Name: HEATHER B WADAS Account Number: ending in 1316 Balance Due: $17,022.38 Our File No.: 339865 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,????'' Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank vs. Heather B. Wadas SHERIFF'S RETURN OF SERVICE M F? NSYLEiIalY' Case Number 2012-2987 05/24/2012 08:24 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 24, 2012 at 2024 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Heather B. Wadas, by making known unto herself personally, at 111 N. Penn Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $48.00 May 25, 2012 RYAN BURGETT, DEPUTY%J SO ANSWERS, RON R ANDERSON, SHERIFF Count . i^,SJf't L!e. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK c/o DB SERVICING CORPORATION: Plaintiff CIVIL ACTION - LAW V. HEATHER B. WADAS Defendant NO. 12-2987 Civil Term Petition to Enter Appearance "'HON! 0 SERLAND C0UH PENNSYLVANIA Please enter my appearance as the attorney representing the Defendant, Heather B. Wadas, in the above captioned case. submitted, J 6$"Vincene'Xatale, Esquirg #208790 Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 (814) 444-0500 Attorney for Defendant r 112 ?'C_" I I V 10, - 10 [?LANID COUNT PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK c/o DB SERVICING CORPORATION: Plaintiff CIVIL ACTION - LAW V. NO. 12-2987 Civil Term HEATHER B. WADAS Defendant DEFENDANT'S PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P.1028 AND NOW COMES the Defendant, Heather B. Wadas, by and through her attorney, James Vincent Natale, Esquire, and makes this Defendant's Preliminary Objections pursuant to Pa.R.C.P. 1028 as follows: COUNT I 1. Plaintiff has failed to plead the date that Defendant allegedly contract for or opened the alleged account. 2. Plaintiff has failed to plead the date that Defendant allegedly made the last payment on the alleged account. 3. Plaintiff claims that Defendant used the alleged credit card. 4. Plaintiff failed to specifically state the dates of the alleged purchases 5. Plaintiff failed to specifically state the place where the alleged purchases were made. 6. Plaintiff failed to specifically state what items were allegedly purchased. 7. Plaintiff failed to specifically state the amount purchased for each item. 8. Plaintiff failed to specifically state the dates of any alleged cash advances. 9. Plaintiff failed to specifically state the amounts of each alleged cash advance. 10. Plaintiff failed to specifically state the dates that Plaintiff alleges that Defendant made payment on the alleged account. 11. Plaintiff failed to specifically state the amounts of the payments that Plaintiff alleges were made by Defendant. 12. Plaintiff has failed to provide sufficient documentation and allegations to permit the Defendant to calculate the total amount of damages that are allegedly due, and there for Plaintiff's complaint fails to conform with the requirements of Pa.R.C.P. 1019(a) and Pa.R.C.P. 1019 (f). 13. Plaintiff complaint contains insufficient specificity of its pleadings, PA.R.C.P. 1028(a)(3). WHEREFORE, Defendant demands that the Court order Plaintiff to file an Amended Complaint or dismiss this action with prejudice. COUNT II 1. Plaintiff basis its claim on an alleged agreement. 2. Plaintiff failed to specify whether the agreement is oral or written as required by Pa.R.C.P. 1019(h). 3, The alleged application attached to Plaintiff's Amended Complaint is not a substitute for the original agreement because said application does not contain all of the terms and conditions that applied to the alleged account. 3. Plaintiff complaint contains insufficient specificity of its pleadings, PA.R.C.P. 1028(a)(3). WHEREFORE, Defendant demands that the Court order Plaintiff to file an Amended Complaint or dismiss this action with prejudice. COUNT III 1. If the contents of the pleading is based upon a writing, then Plaintiff has failed to attach a copy of the original agreement and all amendments to said agreement, or provide a reason why the original agreement and all amendments to said agreement are not accessible and set forth the substance of the writings. 2. Plaintiff s complaint fails to conform with the requirements of Pa.R.C.P. 1019(i). 3. Plaintiff complaint contains insufficient specificity of its pleadings, PA.R.C.P. 1028(a)(3). WHEREFORE, Defendant demands that the Court order Plaintiff to file an Amended Complaint or dismiss this action with prejudice. COUNT IV 1. The verification of Plaintiff's complaint was signed by David J. Apothaker, Esq. 2. Pa.R.C.P. 1024 requires that all pleadings setting forth new allegations be verified by the pleading party. 3. The exception to Pa.R.C.P. 1024 does not apply to the Plaintiff, because although the Plaintiff is outside the jurisdiction, there was no time limit for the filing of the complaint. In addition, the verification does not provide a reason why it is not made by a party. 4. Plaintiff s complaint fails to conform to law or rule of court, Pa.R.C.P. 1028(a)(2). WHEREFORE, Defendant demands that the Court order Plaintiff to file an Amended Complaint or dismiss this action with prejudice. submitted, awes Vincent Natale, Esquire' ID #208790 Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 (814) 444-0500 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK c/o DB SERVICING CORPORATION: Plaintiff CIVIL ACTION - LAW V. NO. 12-2987 Civil Term HEATHER B. WADAS Defendant CERTIFICATE OF SERVICE I served this Petition to Enter Appearance, Defendant's Preliminary Objections, and Brief by U.S. Mail, postage prepaid, 520 Fellowship Road C306, Mount Laurel, NJ 08054 on David J. Apothaker, Esq., the attorney for the Plaintiff, Discover Bank on June 8, 2012. I declare under penalty of perjury that this information is true. Date: `r V- ?^ r ' r 1 i ) ., y Server's Signature 3Y Printed Name and Title Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 Server's Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA r I cw DISCOVER BANK c/o DB SERVICING CORPORATION Plaintiff CIVIL ACTION - LAW V. NO. 12-2987 Civil Tenn HEATHER B. WADAS Defendant PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY:Please list the within matter for the next Argument Court. 1. Matter to be Argued: Defendant's Preliminary Objections 2. Counsel who will argue the cases: Benjamin Cavallaro, Esquire Robert Klingensmith Attorney for Plaintiff Attorney for Defendant 520 Fellowship Road C306 209 West Patriot Street Mount Laurel, NJ 08054 Somerset, PA 15501 (800)672-0215 (814)444-0500 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 10, 2013 BY:--I�k 44— v V V V Robert Klingensmith, Esquire Attorney for Defendant Dated: 3-20-2013 INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If Argument is continued new briefs must be filed with the COURT ADMINISTATOR(not the Prothonotary)after the case is relisted. i9.-6 oil PVD??qSD IN THE COURT OF COMMON PLEAS OF CIni ERLAND COUNTY, PENNSYLVANIA DISCOVER BA c/o DB SERVICI ORPORATION: Pl CIVIL AC TION - LAW V. NO. 12-2987 Civil Term HEATHER B. WADAS Defendant CERTIFICATE OF SERVICE I served this Praecipe for Listing Case for Argument by U.S. Mail,postage prepaid, 520 Fellowship Road C306, Mount Laurel, NJ 08054 on Benjamin Cavallaro, Esq., the attorney for the Plaintiff, Discover Bank on March 20, 2013. 1 declare under penalty of perjury that this information is true. Date: 3 a � ) � 1 A-�--� Server's Signature Printed Name and Title Harold Shepley &Assoc., LLC 209 West Patriot St. Somerset PA 15501 Server's Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff CIVIL ACTION-LAW V. NO: 12-2987-CIVIL TERM PRAECIPE TO WITHDRAW HEATHER B. WADAS PRELIMINARY OBJECTIONS Defendant STIPULATION TO EXTEND TIME r =r r:-I-= �rn -01 Filed on Behalf of Defendant: � -- i c° HEATHER B. WADAS � r Counsel of Record: Z_p Cn Robert D. Klingensmith, Esquire ca PA I.D. #313960 HAROLD SHEPLEY &ASSOCIATES, LLC 209 West Patriot Street Somerset, PA 15501 (814) 444-0500 (814)444-0600 (fax) rklingens.t-nith@shepleylaw.com Attorney for Plaintiff. Benjamin J. Cavallaro, Esq. Apothaker & Associates,P.C. 520 Fellowship Road, C306 'Mount Laurel, NJ 08054 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff CIVIL ACTION-LAW V. NO: 12-2987-CIVIL TERM HEATHER B. WADAS Defendant Praecipe to Withdraw Preliminary Obiections TO THE PROTHONOTARY: Please mark the Defendant's Preliminary Objections withdrawn and remove the matter from the May 10, 2013 argument list. Thank you very much. Robert D. Klingensmith, Esquire Attorney for Defendant 6144440600 11:13:31 05--02-2013 414 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER.BANK = Plaintiff CIVIL ACTION-LAW � t V. NO: 12-29$7-CIVIL TERM �° -rt C,r cn HEATHER.B. WADAS C) -1 Defendant Stipulation to Extend Time to Answer Pursuant to Pa.I2,C.P. 1003,it hereby agreed that the time for Defendant to file and serve and Answer the Complaint is extended until August 9,2013.Any signature obtained via fax or e- mail shall be treated as an original signature.. Benj min T.C rallaro Robert D.Klingensmith Attorn fo• e Plaintiff Attorney for the Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff CIVIL ACTION-LAW V. NO: 12-2987-CIVIL TERM ANSWER r� ` ,- wr HEATHER B. WADAS ��, Defendant - - - CA C J m J� Filed on Behalf of Defendant: HEATHER B. WADAS Counsel of Record: Robert D. Klingensmith, Esquire PA I.D. #313960 HAROLD SHEPLEY &ASSOCIATES, LLC 209 West Patriot Street Somerset, PA 15501 (814) 444-0500 (814)444-0600 (fax) rklingensmith@shepleylaw.com IN THE.COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff CIVIL ACTION-LAW V. NO: 12-2987-CIVIL TERM HEATHER B. WADAS Defendant ANSWER AND NOW, comes the Defendant, Heather B. Wadas,by and through her attorney, Robert D. Klingensmith, Esquire of Harold Shepley &Associates, LLC, and files the following Answer to Plaintiff's Complaint: 1. Admitted. 2. Admitted. 3. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to whether he applied for, received, and used the account at issue. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the terms and conditions of the original agreement, and whether those terms and conditions were subsequently amended by the Plaintiff. 4. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to whether he applied for the account at issue. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the terms and conditions of the original agreement, and whether those terms and conditions were subsequently amended by the Plaintiff. Defendant is also without knowledge of whether the billing statements accurately reported all of the transactions and payments made by the Defendant using the alleged account, because Defendant is without knowledge of whether Plaintiff maintains policies and procedures to ensure the accuracy of its records, and whether those policies and procedures are actually enforced. The alleged application is unsigned, and therefore does not,show that Defendant agreed to the terms of the original agreement. 5. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the terms and conditions of the original agreement, and whether those terms and conditions were subsequently amended by the Plaintiff. 6. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the terms and conditions of the original agreement, and whether those terms and conditions were subsequently amended by the Plaintiff. 7. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to whether he used the account at issue. If Plaintiff can prove that Defendant used the account at issue, then Defendant is without knowledge or information sufficient to form a belief as to whether Defendant's act of using said credit card constituted an acceptance of the terms and conditions of an alleged agreement. 8. Admitted in part and denied in part. Defendant admits refusing to pay the aforesaid amount, but Defendant denies that the aforesaid amount is owed by Defendant to Plaintiff. 9. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficientqo form a belief as to whether he made payments on the account at issue. 10. Denied. After a reasonable investigation,Defendant is without knowledge or information sufficient to form as to whether he made payments on the account at issue. 11. Denied.. After a reasonable investigation,Defendant is without knowledge or information sufficient to form as to whether he applied for, received, and used the account at issue. If Plaintiff can prove the he used the account at issue, then Defendant is without knowledge or information sufficient to form a belief as to the balance of the alleged debt on the date of charge-off, because Defendant has no means to accurately calculate the balance of the alleged debt. 12. Denied. After a reasonable investigation,Defendant is without knowledge or information sufficient to form as to whether he applied for, received, and used the account at issue. If Plaintiff can prove the he used the account at issue, then Defendant is without knowledge of whether the billing statement accurately reported the balance of the alleged debt on the date of charge-off, because Defendant has no means to calculate the alleged balance of the debt. 13. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form as to whether he applied for, received, and used the account at issue. If Plaintiff can prove the he used the account at issue, then Defendant is without knowledge of whether Plaintiff suffered monetary damages because Defendant has no means to determine whether an unpaid balance remains on the alleged account or calculate the amount of said balance. WHEREFORE, Defendant respectfully requests that judgment be entered for it on Plaintiff's claims and the same dismissed with prejudice. Respectfully submitted, �G Robert D. Klingensmith, Esquire Attorney for the Defendant Harold Shepley and Associates, LLC 209 West Patriot Street Somerset, PA 15501 (814)444-0500 (814)444-0600 (fax) rlingensmith@ shepleyl aw.coin IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff CIVIL ACTION-LAW V. NO: 12-2987-CIVIL TERM HEATHER B. WADAS Defendant CERTIFICATE OF SERVICE I served this Answer and Discovery Requests by U.S. Mail, postage prepaid, at 520 Fellowship Road, C306, Mount Laurel, NJ 08054 on Benjamin J. Cavallaro, Esquire, the Attorney for the Plaintiff, Discover Bank on August 12, 2013. I declare under penalty of perjury that this information is true. 7Date: August 12, 2013 Q-� Server's Signature Gretchen DeWitt—Legal Assistant Printed Name and Title Harold Shepley &Associates, LLC 209 West Patriot St. Somerset, PA 15501 Server's Address VERIFICATION ROBERT D. KLINGENSMITH,ESQUIRE, hereby state that I am the attorney for the Defendant in this action and verify that the statements made in the forgoing pleading are true and correct to the best of our knowledge, information and belief. The verification is signed by counsel in this instance due to the time required to file the pleading. Pa.R.C.P. 1024 requires the verification be made by the party filing the pleading. However, due to the time required to file the pleading, the verification is signed by counsel in this matter. Should the verification of the party be required, the Defendant will be happy to provide such upon further inquiry. The undersigned understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Robert D. Klingensmith, Esq. Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK T-4 Plaintiff CIVIL ACTION-LAW V. NO: 12-2987-CIVIL TERM HEATHER B. WADAS Defendant > DEFENDANT'S REQUEST FOR ADMISSIONS Defendant demands that Plaintiff answers and respond to the following Request for Admissions pursuant to Pa.Rules of Civil Procedure 4014. You are requested to admit the truth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Defendant within thirty(30)days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Defendant thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If,no response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity.Failure to do so constitutes an admission in any such capacity. 7. In these Requests for Admissions: A. The word"Person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons,joint owners, associations,companies, partnerships,joint ventures, trusts, and estates; B. The word"document(s)" means all written,printed,recorded, graphic, or photographic matter, or, sound reproduction'S,however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity", "identify", "identification", when used with respect to a person(s) means to state the full name and present or last known address and business address of such "person(s) and, if an actual person,his present or last known job title, and the name and address of his present or last know employers; D. The words "identity", "identify", "identification", when used with respect to a date, subject matter, name(s)or person(s)that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s)of the addressee or addressees if any and the name(s) and address(es) of each person who have possession, custody, and control of said document(s). If any such document was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify", when used with respect to an act(including an alleged offense), occurrence, statement, or conduct(hereinafter collectively called "act"), means to(1)describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identify each and every person(s)participating in such an act; (3) identify all other person(s)(if any)present when such act occurred; (4) state whether any minutes,notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identify the person(s) presently having possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events,persons, and period of time more fully described in the pleading in this case. 9. These requests are of a continuous nature. 1. Plaintiff does not have a signed contract for the alleged account. Admitted_ Denied- If the Answer to this Request for Admission is denied, then please provide a brief explanation in support of the denial. 2. Plaintiff does not have a signed application for the alleged account. Admitted Denied If the Answer to this Request for Admission is denied, then please provide a brief explanation in support of the denial. Date: l 3 L Robert D. Klingensmith Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff CIVIL ACTION-LAW V. NO. 12-2987-CIVIL TERM HEATHER B. WADAS Defendant Defendant(s)'s First Request for Production of Documents Directed to Plaintiffs Pursuant to P.R.C.P. 4009, as amended,Defendant requests that Plaintiff produce for inspection and copying the following designated documents which are or could be in their possession, custody, or control and serve the requested documents upon counsel for the Defendant within thirty(30) days from the date of service thereof. This request for production of documents is continuing and demand is hereby made to amend or supplement the request as is required by the Pennsylvania Rules of Civil Procedure. Requested Documents: 1. A complete copy of the alleged original contract pertaining to the alleged account. Response: 2. A complete copy of all Amendments to the alleged original contract. Response: i 3. A complete copy of the alleged application for the alleged credit card. Response: 4. The first billing statement showing a balance of zero on the alleged account. Response: 5. Please provide documentation showing that all alleged payments were credited to the Defendant's account. Response: 6. Please provide any other information relating to the payments allegedly made by Defendant regarding this account. Response: 2 7. Please provide all information pertaining to DB Servicing Corporation's affiliation with Discover Bank. Specifically, please provide any services agreements between the parties. Response: Date: C Robert D. Klingensmith Attorney for Defendant 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff CIVIL ACTION-LAW V. NO: 12-2987-CIVIL TERM HEATHER B. WADAS Defendant Defendant's First Set of Interrogatories to Plaintiff Defendant hereby serves these written interrogatories upon plaintiff who is to furnish written answers within thirty (30) days after service of these interrogatories in accordance with the Pennsylvania Rules of Civil Procedure. The answers shall be inserted in the space provided after each of the interrogatories.; please attach additional pages if more space is needed for the answers. These interrogatories are continuing and demand is hereby made to amend or supplement the answers as is required by the Pennsylvania Rules of Civil Procedure. If the answering party is a minor, a decedent's estate or an individual who is incompetent or under legal disability to provide answers,the individual providing answers shall state his or her name and the authority under which he or she is providing the answers. Full and complete answers to the interrogatories must be provided and signed by the party making the answers. 1. Pease provide the names and addresses of any and all parties that drafted, were consulted, or in any way aided in the production of Plaintiff's Answers to: Defendant's First Set of Interrogatories to Plaintiff,Defendant's First Request for Production of Documents Directed to Plaintiff, and Defendant's Request for Admissions. Also, please state how the individual aided in the production of these Answers? 2. Did Plaintiff's legal counsel aid in the production of Plaintiff's Answer to: Defendant's First Set of Interrogatories to Plaintiff, Defendant's First Request for Production of Documents Directed to Plaintiff, and Defendant's Request for Admissions? 3. If the Answer to question 2 is "yes," what aid was provided by Plaintiff's legal counsel? 4. Please provide the alleged date of Defendant's alleged application for the alleged credit card. 5. Please state the means of communication by which Defendant(s) allegedly applied for the alleged credit card. 2 6. 'When was the date of last payment on the alleged account? 7. Please provide the amount of the last payment made on the alleged account. 8. Has Defendant's alleged account been charged off? 9. If the answer to the above question is "yes,"please provide the date of the charge off? 10. Please provide the dates and times of the alleged use of the alleged credit card. 3 11. Please list the dates of any alleged purchases using the alleged credit card, the items allegedly purchased, the alleged amount for each item, and the places where the alleged purchases were made? 12. Please list the dates of any alleged cash advance and the amount allegedly received by the Defendant(s)? 13. Please explain what investigation, if any, that Plaintiff conducted regarding the validity of this account before the filing of the complaint at issue? 4 14. Please provide any and all information regarding the relationship between DB Servicing and Discover Bank. 15. Please provide the name, addresses, telephone numbers, and e-mail addresses of each witness that Plaintiff may call at trial? 16. Please provide a brief summary of what each witness may testify to? Dater Robert D. Klingensmith Attorney for Defendant 5 Our File No.: 339865 DISCOVER BANK Plaintiff vs. HEATHER B WADAS Defendant ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) NO.: 12 -2987 -CIVIL TERM ) ) ) ) Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ..0G r � co rn Cr'r� -fl N) c -4 ‘.4. -n dam' (-) % `r, Kimberly F. Scian, Esquire, counsel for the Plaintiff in the above action, respectfully represeniis' 1. The above -captioned action is at issue 2. The claim of Plaintiff in the action is $17022.38. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff ATTN: ROBERT KLINGENSMITH 209 W PATRIOT ST SOMERSET, PA 15501 Kimberly F. Scian, Esquire 520 Fellowship Road Suite C306,PO Box 5496 Mt. Laurel, NJ 08054-5496 (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. Dated: ,/,.0/7, Respectfully S initted, Orly F. Scian, Esquire ORDER OF COURT pirkA saS. Cbgkiti ca* StolCA AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, Our File No.: 339865 DISCOVER BANK Plaintiff vs. HEATHER B WADAS Defendant ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) NO.: 12 -2987 -CIVIL TERM ) ) ) ) Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Kimberly F. Scian, Esquire, counsel for the Plaintiff in the above action, 1. The above -captioned action is at issue 2. The claim of Plaintiff in the action is $17022.38. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: CD N -11i n - -..n /i . 7111:: -7? -1., <---__., rn-v f�CF -r r) "CD`; p� cr, Zd W, -C4: respectfully represen'at: c , T; For Defendant For Plaintiff ATTN: ROBERT KLINGENSMITH 209 W PATRIOT ST SOMERSET, PA 15501 Kimberly F. Scian, Esquire c, 520 Fellowship Road Suite C306,PO Box 549'6 Mt. Laurel, NJ 08054-5496` (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall c` - be submitted. Dated: Zo/ ND NOW, Respectfully S fitted, (OA Say. S°Pa im lily F. Scian, Esquire +ca* eYi) ORDER OF COURT Esq., and , 20/Y , in consideration of the foregoing petition, t 4`64 Esq., and i / / Esq., are appointed arbitrators in the above captianedaction r� w firi r',;__ as prayed for. aro fig: iPe d'lw. ei - is £p,es Ake By the Court, c�_ Our File No.: 339865 Apothaker Scian P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK Plaintiff, vs. HEATHER B WADAS Defendant. ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) ) DOCKET NO.: 12 -2987 -CIVIL TERM ) ) Civil Action ) ) 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 November 11, 2014, STIPULATED by and between DISCOVER BANK ("Plaintiff") and HEATHER B WADAS ("Defendant"), as follows: 1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $17,022.38, plus court costs in the amount of $228.50, for a total of $17,250.88. 2. Defendant agrees to pay to Plaintiff the sum of $8,200.00, which Plaintiff agrees to accept in full settlement of its claim herein. 3. Defendant agrees to remit payment(s) in the following manner: a. $3,800.00 to be paid on or before November 24, 2014; h. $400.00 to be paid on or before the 24th day of each month, beginning December 24, 2014 through October 24, 2015 4. All payments shall be made payable to "DISCOVER BANK", and sent to the office of Plaintiff's attorney, Apothaker Scian P.C., located at the following address: Apothaker Scian P.C. 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 1 �Yy 5. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation Plaintiff must notify Defendant's attorney(s), in writing, of Defendant's default. The name and address of Defendant's attorney(s) that notice will be sent to is: ROBERT KLINGENSMITH, Esquire 209 W Patriot St Somerset, Pa 15501 6. If the default is not cured within fifteen (15) days after written notice to Defendant's attorney(s), then Plaintiff shall be entitled to obtain the entry of Judgment against Defendant upon ex parte application, with supporting certification, and with notice to Defendant's attorney in the form of a copy of the application addressed to Defendant's attorney, by first-class, postage prepaid, in the suit amount, plus court costs, as specified in paragraph one (1) of this stipulation .less any sums paid pursuant to this Stipulation. We hereby consent to the form and entry of the within Stipulation. Whenever $600.00 or more is forgiven as a result of settling a debt for less than the balance owed the creditor may be required to report the amount forgiven to the Internal Revenue Service on a 1099C form, a copy of which would be mailed to you by the creditor. If you are uncertain of the legal or tax consequences we encourage you to consult your legal or tax advisor. Apothaker Scian P.C. Attorneys f. aintiff A Law Firm Engag d ' Debt Collection By: Benjamin ' Fro, Esquire Attorney I# 307949 A tt 4:14 . efe ,. ant Cts By: -0�. Esquir HAROLD SHEPLEY & ASSOCIATES, LLC 2