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Home My WebLink About12-5678 ~~~r c:~+ Our File No.: 342842 ~ -l~ APOTHAKER & ASSOCIATES, P.C. -~3 s BY: David J. Apothaker, Esquire r~ i Attorney LD. #38423 520 Fellowship Road C306 ~ z ca ~+c~'a Mount Laurel, NJ 08054 (800) 672-0215 ~ c.~ ~ t Attorneys for Plaintiff D~ r_.~ ;T> DISCOVER BANK ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) vs. ) NO.: ~oZ -S'(o7$ Civi l~ wt DANH LE ) 610 BRISBAIN LN ) ENOLA, PA 17025-1553' ) De~iendant. ) 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 wit)~in 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 ymu. 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 'P,AKE 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 YOti CAN GET LEGAL HELP. IF YOU CANNO'N' 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 '~:.J ~ 103.'75 Pp i4 ~ C lo5~G10O e# aeos~,a _ _ _ _ ~ r Our File No.: 342842 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 ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) vs. ) NO.. DANH LE ) 610 BRISBAIN LN ) ENOLA, PA 17025-1553.. ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is Discover Bank ("Plaintiffl'), a Delaware State Bank and issuer of the Discover Card. 2. Defendants} is/are DANH LE ("Defendant"), an adult individual residing at 610 BRISBAIN LN ENOLA, PA 17025-1553. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ("Account") to Defendant. 4. The Account number ends in 3764. 5. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 6. The account is in default due to Defendant's failure to make timely payments. 7. A true and accurate copy of the account statement reflecting the balance after default is attached hereto and incorporated by reference herein. 8. Although demand has been made, Defendant has failed to make payment of the amount due and owing. 9. The amount due and owing as of this date is $2,219.69. . . WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,219.69 and requests this Court award costs to the extent permitted by applicable law. APOTI-TAKER & S CIATES, P.C. Attorney or aintiff A Law Firm Enga ed i Debt Colle on BY: David J. Apoth ,Esquire Our File No.: 342842 VERIFICATION ,^'I~ C~ a~. ~ ~ ~q O ~ C(Ol.~n~ qnq e/' (Name) (Title) of DB Servicing Corpio~ration, the servicing affiliate for Discover Bank, does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities and states, that he/she is a duly authorized representative of plaintiff herein and authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and accurate to the best of his/her knowledge and information and that he/she is familiar with the manner and method by which plaintiff maintains its normal business books and records, including computer records of defaulted accounts. S/he is also familiar with the relationship between Discover Bank and DB Servicing Corporation. That Discover Bank, f/k/a Greenwood Trust Company, is an FDIC insured Delaware State bank, and its servicing 8ffiliate, DB Servicing Corporation performs a variety of services for Discover Bank including, among other things, business management services, customer service, and collection of delinquent accounts.l'he collection of delinquent accounts includes the right to forward the same to the attorneys to file suit oh Discover Bank's behalf. Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Services. Date: 1S - Z. 3 ° ~ ° 1 Z. (Signature) Defendant's Name: Dp,NH LE DB Servicing Corporation servicing Account Number: ending in 3764 affiliate for Discover Bank Our File No.: 342842 P. 0. Box 3025 New Albany, OH 43054 DISCOVER BANK DANH LE 610 BRISBAIN LN ENOLA, PA 17025-1553 STATEMENT OF ACCOUNT Debtor's Name: DANH LE Account Number: ending in 3764 Balance Due: $2,219.69 Our File No.: 342842 EXHIBIT "A" 10/19/2012 BRi 13:~T FP1X 856 T80 1020 (fur file No.: 342$42 Apotl?alccr ~Yc Associates, l'.t:. 520 Fcliow~hip Rawl C_30fi Mount 1'.atu~el, NJ 0$O5~ (800) 672-11215 Aliorneys rem Plaintiff' UISCOVI;1Z.13ANK vs. DANH LE Plainti 1'f, llcfcnclant. .. r, ~ , -, . F_{ ~ ~ ~ t ~,' a ~~ ° 3 ;i ~s , .>> ~,;, ~ f ~ r~i'ti ~ ~~ ty~~ ~, r al~~, C:dU1tT dF t:OMMON 1?LL'AS G~'UM131SKLANll CUUNTY ) nOC:KF.T Nd_: 12-5678 t"•IVIL '1'L'RM } t;ivil Action } STii'ili.ATiON 1N LIL:U dl~ JUllGMENT Q}403100a The uiatteas and things in controversy having been discus.~ed. by and between the panics, and a scttlcmcnt having bc~t agreed upon: it is on c7cbaber 17, 2012, S'1'IYULATED t,y and between DIS(;dVLlt BANK ("Ylaiutiff') and llANH LE ("Defendant"), ati li~llows: 1_ Plaintiff' filed suit in the above captioned matter seeking dama}les in the amount of 52,219.6y, plus court costs in the amount of $146.7,5, for a total of $2,366.44. 2. Th;l'endant ag,~s to pay to 1'laintiffthc sum of $1,y25.00, which Plaintiff agrees to accept in fi~li settletncnt of its claim hcrc;in. 3. As oI~ this Jate, payments ts,laling SCLQO have bcctt applied to Utc a)i,rementioned sum. ~t. llefendant shall t~cntit payrncnt(s) iu the li,llowing ma,iner: a_ $320.83 to be paid an or befdre the 3U'" day of each month, teginning Uctober 30, 2012 through l~cbruary 28, 2U13; b. $32U.SS to be paid an or ix:li,re March 30, 2013. 5. All checks shall lie made payable to "ll15CUV1;R BANK", and sent [o the ni~ice of Plaintiff's attorney, Apothakcr & Associates, P_C., kx;ated at die following address: Apothaker dt Associates, Y.C. 5201~cllowship Road C306 Mocmt T.aurel, NJ 0$054 1 10/19/2012 FRI 13: a7 FAX 856 78D 1024 ' ~DOa/OOa 6. In the avant Delenclani lials to pay in accordance with the terms set forth 111 this • Stipulation I'lainti$ must notify Defendant's attorney(s), in writing, of Dcfcncl<•tnt`s dcfauit. '1'hc name and address of llcfendant's aliorncy(s) shat notice will be sent to is: -i IIILLARY VL'SL'LL, Issytlirc 395 St. John_i Church Road Camp Hill, Pa i 7011 7. !f the default is 11ot eeuccl within fittcen (15) days after written nc7tit:a iu Defandant's • attortlcy(s), then PlainiilT shall he enlilifxi to ohlain the entry of Tudgtnent against • Dalendant ujnm ~r put/e aPp]ic.ation, with supporting certifiication, aad with notice to 1•l~efendairt's attorney in the form of a copy of the application atldresscd to Qcfcndant's attorm~y, 6y fast-class, postage prepaid, in the suit amount, pluti court eotiGti, as sgeci Fed in paragraph one (1) of this stipulation lass any sums paid Pursuant to this Stipulation. • We hereby consent to the form and entry of the within stipulation. ~y.._ . - ._ _ ._~ ~ Iienj• in J_ Laval rn, Esquire A, 307949 Apothakcr & Associates, P.(:. Attorneys fin-PlaintilT Ry_ l IR.I..AIZY Y ' ` ' L, Lscluicc KUPI; & ASSUCIA'1'LS W t)FFICES, Li,C. AUorncy lilt i~fcndtnit nANII Ll: llcfcndant Our File No.: 342842 �,.y " i� a PRWTHONO AR:' APOTHAKER& ASSOCIATES, P.C. BY: David J. Apothaker, Esquire 1`0 13 AUG 19 P M 2: 34 3 Attorney I.D.# 38423Ui4 f�l� a �ll COUNTY 520 Fellowship Road C306 PENNSYLVANIA Mount Laurel,NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) vs. ) DANH LE ) NO. 12-5678 CIVIL TERM Defendant. ) PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER& SS CIATES, P.C. Attorne s for aintiff A Law Firm En ged i Debt Collection By: David J. A er, Esquire * 4 3 4 2 8 4 2 D I S M 1 -