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Home My WebLink About13-3776 Supreme Four_ t_of Pennsylvania Cou>•,N toin>ii au Pleas y ' For Prothono(my Us7e On v: 1` 0 ' �) eet C` ;: D County Docket No: _ L3 - 3q7b a T he n f oi7nation co llected on t his for nz is used s o lely; for coin a&n nistration Purposes. Yhis form does not supplement or replace the filing and s of pleadings or other papeYS as required b) t'mv or 171les Of COUrt, S Commencement of Action: E M Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T GE CAPITAL RETAIL BANK DAVID BISHOP SR I Dollar Amount Requested: ® within arbitration limits O Are money damages requested? ®Yes El No (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an R11DJAppeal.? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: Apothaker and Associates, P.C. ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution M Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) F Employment Dispute: Discrimination E ❑ Slander/Libel/ Defamation ❑Employment Dispute: Other El Other: C ❑ Zoning Board T ❑ Other: I ❑ Other: o MASS TORT N 11 Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment B ❑ Other: ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL ❑ Partition ❑ Replevin LIABLITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 111/2011 r - i F!"Le - OFFICE Our File No.: 353964 �;� j �� ;�y -� APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire � %J - I I'll , Attorney I.D. 438423 CUMBERLAND CI.I�PdT 520 Fellowship Road C306 PENNSYLVA COU Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff GE CAPITAL RETAIL BANK ) COURT OF COMMON PLEAS 170 ELECTION ROAD, SUITE 125 ) CUMBERLAND COUNTY DRAPER, UTAH 84020 ) NO.: Plaintiff, ) vs. ) DAVID BISHOP SR ) 114 SPRINGFIELD RD ) SHIPPENSBURG, PA 17257 -9507 ) Defendant. ) 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-S 103. pa ATr1 & Qa.O(o s p4fg �5�7 Our File No.: 353964 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 GE CAPITAL RETAIL BANK ) COURT OF COMMON PLEAS 170 ELECTION ROAD, SUITE 125 ) CUMBERLAND COUNTY DRAPER, UTAH 84020 ) NO.: Plaintiff, ) vs. ) DAVID BISHOP SR ) 114 SPRINGFIELD RD ) SHIPPENSBURG, PA 17257 -9507 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is GE Capital Retail Bank ( "Plaintiff'), a federally chartered savings bank with a principal place of business located in Draper, Utah. 2. Defendant(s) is /are DAVID BISHOP SR ( "Defendant "), an adult individual residing at 114 SPRINGFIELD RD SHIPPENSBURG, PA 17257 -9507. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ( "Account ") to Defendant. 4. The Account number ends in 1689. 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. Although demand has been made, Defendant has failed to make payment of the amount due. 8. The'amount due as of this date is $3,730.32. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $3,730.32 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER AS OCIATES, P.C. Atto ey for Plaintiff A Law Firm E gage in Debt Collection BY: David J. Apo ker, Esquire Our File No.: 353964 Defendants Name: BISHOPSR, DAVID Account Number: * * * * * * * * * * * * * 1689 VERIFICATION I hereby state that I am an employee for the plaintiff herein, with authority to sign this verification; and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. Section 4904 which provides for certain penalties for making false statements. Cari Devine Version - 1.0.3 PA 09 19 2012 Ref:CEDB321301 N �.��i°' � ��''"J |n ' Cour ^ ...__ Judicial. (CirCUit/District) C/edhnrNumc: GE Capital Retail Bank Debtor Name: 8lSHOPSR,DAVlD Account Number: **^^**-*+°**1689 AFFIDAVIT 0P ACCOUNT BALANCE STATE OF MINNESOTA :SS COUNTY UFKAMBGY BEFORE ME, the undersigned authority pe appeared and personally known by me, this day, Cari Devine and who after being duly sworn deposed and says uofollows: |. lani a competent person over eighteen years of age. I am an employee of GE Capital Retail Batik ("GE Capital"), which is the creditor for the account of the Debtor identified above. I am authorized to make this &fDduvit. 2. l have personal knowledge ofthe facts set forth in this affidavit. 3. The business records maintained byGE Capital in the ordinary Course of its business showthat ux"[ the (late of this affidavit, the unpaid balance o[ Debtor's account ia $3,730.32. 4. The business records maintained by GE Capital in the ordinary course of its business show that as of the date of this affidavit the last payment was received from theDebtor on 9/1/2011. in the Amount nfM|4.00. 5. The business records mainta by G E Capital in the ordi nary course of its business show that the account of the Debtor was charged. off on]/lV/2O]2in the amount Vf$],73O.]%. 6. Based on my search of the Department of Defense Service members Civil Relief Act (SCRA) wrbs|1o,itiamy belief that the Debtor iu not io military service. \ declare under the penalty ofpuijury that the foregoing io true and correct. 5/2l/20|3 Cari Devine RECOVERY LIAISON SPECIALIST-AUlmnt o and sub cribed before mothis 21 Day of May ,20|3. � ry u b)Q N�Ot, NICOLE A. THOMAS Notary Public-Mintimta y4y commission expires � Version 'i.D.3_P/�V8_19 2012 RotCEDB321301N � Wal mart ate. Save money. Live better. Wal mart® DAVID S BISHOPSR Visit us at walmart.com /credit Discover Card Account Number. -1689 Customer Service: 1- 866 -314 -9507 Summary of Account Activity_ , Payment Information Previous Balance $3,730.32 New Balance $0.00 - Other Credits $3,730.32 Amount Past Due $0.00 New Balance $0.00 Total Minimum Payment Due $802.00 Payment Due Date 03121/2012 Credit Limit $4,500 Late Payment Warning: If we do not receive your minimum Available Credit $0.00 payment by the date listed above, you may have to pay a late Cash Advance/Quick Cash Limit $700 fee up to $35.00. Available Cash $0.00 Statement Closing Date 03/19/2012 Days in Billing Cycle 29 Cash Earned Summary Cash News - Previous Balance $0.00 Earning cash back with the Walman@ Discover® ( +) Earned This Period $0.00 is easy! Simply use your card everywhere = Balance $0.00 Discover® is accepted. Remember every time you earn just $10, you will receive a check in your billing statement - it's automatic. Transaction Summa . Tran Post Date Date Reference Number Description of Transaction or Credit Amount 03/19 03/19 F621000EZ00999990 CHARGE OFF ACCOUNT- PRINCIPALS ($3,298.23) 03/19 03/19 F621000EZ00999990 CHARGE OFF ACCOUNT'FINANCE ($432.09) CHARGES' FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGED 03/19 03/19 INTEREST CHARGE ON PURCHASES $0.00 03/19 03119 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2012 Totals Year -To -Date Total Fees Charged in 2012 $0.00 Total Interest Charged in 2012 $113.91 Total Interest Paid in 2012 $0.00 InterestCharge Calculation Your _ Annual Percentage Rate (APRps the annual interest rate on your account. - Type of Balance Expiration Date Annual Percentage Balance Subject To Interest Charge Rate Interest Rate Regular Purchases NA 18.87 % $0.00 $0.00 Cash Advances NA 21.87% $0.00 $0.00 Quick Cash NA 0.00% $0.00 $0.00 Cardholder News and Information Please Note: Enclosed is the Privacy Policy for this account. Please lake a moment to read it then keep it with other financial documents. If you have previously opted -out, you do not need to do so again. If your account has a deferred interest promotiomand you would like us to apply a payment on your account to a specific balance, please call Customer Service to discuss options that may be available. PAYMENT DUE BY 5 P (ET) QN THE DUE DATE, NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights and other important information. Detach and mail this portion with your check. Do not include any correspondence with your check. almaB`. %o Account Number 1689 Total Minimum Amount Past Due Payment New Balance Save money. Uve better. Pa ment Due Due Date $802.00 $0.00 03/21/2012 $0.00 Payment Enclosed: ❑ ❑ ❑ Fl. ❑ Please IIIIIIQI II I III IIII�I I��II II�II I QIII�II� I ��I01 I IIII u se blue or black ink. New address or email? Print changes on back. DAVID S BISHOPSR 114 SPRINGFIELD RD SHIPPENSBURG PA 17257 -9507 Make Payment To: WALMART DISCOVER/GECRB PO BOX 960024 ORLANDO, FL 32896.0024 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson E=;LE0-01"1 1C Sheriff 1f- _ R DIM;" r`'" � �t � I�� i'h��l.i I�,;4r� 1 Jody S Smith Chief Deputy G„w 2013 JUL 12 AM 10: 24 ��f Richard W Stewart F i G FTFS ';REE= CUMBERLAND COU IT� Solicitor PENNSYLVANIA GE Capital Retail Bank Case Number vs. David S Bishop, Jr 2013-3776 SHERIFF'S RETURN OF SERVICE 07/05/2013 02:53 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Sherly Bishop, Wife, who accepted as"Adult Person in Charge”for David S Bishop, Jr at 1:iC2LINE,Spring North Newton, Shippensburg, PA 17257. EPUTY SHERIFF COS T: $50.60 SO ANSWERS, July 08, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft.Inc. OF THE PROTJJONOI*xA �y Our file No.: 353964 Apothaker& Associates, P.C. 2013 AUG 26 PM 2: 27 L AUS 16 2013 520 Fellowship Road C306 Mount Laurel,NJ 08054tlM"BERLAN[l COUNTY PENNSYLVANIA (800) 672-0215 Attorneys for Plaintiff GE CAPITAL RETAIL BANK ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) VS. ) DOCKET NO.: 13-3776 CIVIL TERM DAVID BISHOP SR ) Civil Action Defendant. ) 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 06, 2013, STIPULATED by and between GE CAPITAL RETAIL BANK ("Plaintiff') and DAVID BISHOP SR ("Defendant"), as follows: I. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $3,730.32,plus court costs in the amount of$154.35, for a total of$3,884.67. 2. Defendant agrees to pay to Plaintiff the sum of$1,800.00, which Plaintiff agrees to accept in full settlement of its claim herein. 3. As of this date, payments totaling $360.00 have been applied to the aforementioned sum leaving a balance due of$1,440.00. 4. Defendant agrees to remit payment(s) in the following manner: a. $')60.00 to be paid on or before the 20`x' day of each month, beginning August 20, 2013 through November 20, 2013. We are in receipt of four(4) post-dated checks for the next four (4) payments listed above. 5. All payments shall be made payable to "GE CAPITAL RETAIL BANK", and sent to the office of Plaintiff s attorney, Apothaker & Associates, P.C., located at the following address: 1 Apothaker& Associates, P.C. 520 Fellowship Road C306 PO Box 5496 Mount Laurel,NJ 08054 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, 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. Apothaker&Associates, P.C. A Law Firm Engaged in Debt Collection Atto s or Plaintiff By: Benjami J. Ca ro, Esquire Atto D# 307949 Defendant By:h" DAVID BISH P SR 2 Our File No.. 353964 r APOTHAKER& ASSOCIATES, P.C. BY: David J. Apothaker, Esquire 1?[SEC 9 pti Attorney I.D.# 38423 4`lJ '� COUNTY Mount Laurel,aurel,NJJ 08054 06 PEN NS YLIVANIA,r i '' (800) 672-0215 Attorney for Plaintiff GE CAPITAL RETAIL BANK ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) VS. ) DAVID BISHOP SR ) NO. 13-3 776 CIVIL TERM Defendant. ) PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER&AS C ATES, P.C. Attorneys f r Plai tiff A Law Firm Engag d in D bt Collection By: David J. Apo aker, Esquire * Q 3 5 3 9 6 4 D I S M 1 -