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Home My WebLink About13-7203 x Supreme Court Qf Pennsylvania Co11i�O€ Colnihon Pleas � ti 1 1:1� Sheet For Farl'rorlrouotarr L %se Orrlt: C�CJIBEhR" P D C;OilIlh' DocleiNo: The information collected on this for7n is tised solely for costrt administration proposes. This form does not supplement or replace thejfrling and service ofpleadings or• other papers as required by lmv or• ntles of court. S Commencement of Action: ® Complaint E ❑Writ of Summons El Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: j T DISCOVER BANK ELEANOR D WORLEY 11 I Are money damages requested? ®Yes ❑ No Dollar Amount Requested: ® within arbitration limits 0 (check one) ❑ outside arbitration limits N is this a Class Action Suit? El Yes (Z N 0 Is this an MDJAppeal? El Yes 0 N 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 snaking 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 ® 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) El Employment Dispute: E ❑ Slander /Libel/ Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other C ❑Zoning Board ❑ Other: I ❑ Other: j 0 MASS TORT ! ❑ Asbestos N ❑ Tobacco S ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment y B ❑ Other: ❑ Ground Rent ❑ Mandamus ❑ Land I ord/Tenant Dispute ❑ Non- Domestic Relations E ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL ❑ Partition ❑ Replevin LIABLITY ❑ Quiet Title El Other: El Dental El Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 el f i i �✓ 4, TH F, Our File No.: 365854 2013 DEC _5 Ph 1 : 1 6 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire CUMBERLAND CcUN - Fy .Attorney I.D. #38423 PENNSvL VANIA - 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff DISCOVER BANK ) COURT OF COMMON PLEAS C/O DB SERVICING CORPORATION, 6500 ) CUMBERLAND COUNTY NEW ALBANY ROAD ) NEW ALBANY, OH 43054 ) NO.: Plaintiff, ) vs. ) ELEANOR D WORLEY ) 1944 SPRING RD ) CARLISLE, PA 17013 -1158 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is Discover Bank ( "Plaintiff'), an FDIC insured Delaware State Bank. 2. Defendant(s) is /are ELEANOR D WORLLEY ( "Defendant "), an adult individual residing at 1944 SPRING RD CARLISLE, PA 17013 -1158. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ( "Account ") to Defendant. 4. The Account number ends in 1263. 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 $14,223.75. 03 7S WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $14,223.75 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES,_ P.C.. Att me for Plaintiff A Law Firm ng ed in Debt Collection BY: David J. tothaker, Esquire Our File No.: 365854 � n • b 365854 VERIFICATION I hereby state that I am a Litigation Support Specialist for DB Servicing Corporation, the servicing affiliate of Discover Bank, an FDIC insured Delaware State Bank. I hereby verify that, upon information and belief, the statements made in the foregoing Civil Action Complaint are true and accurate. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Defendant's Name: ELEANOR D WORLEY Account Number: ending in 1263 �\ S cribed and sw to efor e i> 4 -4\ day Notary Public, Cou k , State of Oh �`�`� IeA °�� My commission expires: �� ;`p DANIELLE LAUGHREY �( .L Notary Public, *2 in and for the State of Ohio My Commission Expires Oct. 16, 2016 e'eeee4een e�ia PAP SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i Sheriff , , __ r`r ,11 .'[l k , t ��n ci s Jody S Smith '.1 DEC 17 A i t Chief Deputy f Richard W Stewart � ��-r L..; 4D (..- i, .a • td Solicitor �� ... .. ,. . .,-ff�- L��1/.; Discover Bank vs. Case Number Eleanor D Worley 2013-7203 SHERIFF'S RETURN OF SERVICE 12/09/2013 12:04 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint & Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Eleanor D Worley at 940 Walnut Bottom Road Room#212, South Middleton Township, Carlisle, PA 17013-1158. 40 . _ilit - A-5 BRIAN GRZY:,''41"'`1. PUTY SHERIFF COST: $41.56 SO ANSWERS, December 11, 2013 RON 9_2w:- ANDERSON, SHERIFF Our File No.: 365854 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK Plaintiff vs. ELEANOR D WORLEY Defendant I ifj 2R HR 17 1711110: 57 CUMBERLAND COUNTY PENNS YLVANIA ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 13-7203 ) ) Civil Action ) ) PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, ELEANOR D WORLEY, in the default of an Answer, in the amount of $14,223.75 computed as follows: Amount claimed in complaint: Less: Amount Paid: Plus: Interest from December 5, 2013 to February 3, 2014 at the legal interest rate of 0.00% per annum Attorney fees TOTAL $ 14,223.75 ( 0.00) 0.00 0.00 14,223.75 I certify that Defendant, ELEANOR D WORLE , last known address is 1944 SPRING RD CARLISLE, PA 17013-1158. David pothaker, Esq. Attorney for Plaintiff DIICOVER BANK ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY vs. ) ELEANOR D WORLEY ) NO. 13 -7203 To: ELEANOR D WORLEY 1944 SPRING RD CARLISLE, PA 17013 -1158 Date of Notice: January 20, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 365854 DAVID J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorney for Plaintiff Attorney ID #38423 8 Our File No.: 365854 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff ) COURT OF COMMON PLEAS OF DISCOVER BANK ) CUMBERLAND COUNTY ) Plaintiff ) vs. ) NO.: 13-7203 ) ELEANOR D WORLEY ) Civil Action ) Defendant ) CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237.1, I certify that, after the failure to plead and at least ten days prior to the date of the filing of the within praecipe, written notice of Plaintiffs intention to file the within praecipe was sent to the defendant and defendant's attorney of record, if any. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties o 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apothaker, Esq. Attorney for Plaintiff Our File No.: 365854 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff ) COURT OF COMMON PLEAS OF DISCOVER BANK ) CUMBERLAND COUNTY ) Plaintiff ) vs. ) NO.: 13-7203 ) ELEANOR D WORLEY ) Civil Action ) Defendant ) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 1944 SPRING RD CARLISLE, PA 17013-1158. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2 93, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Drfens Manpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are no in t e milita David J. Apothaker, Esq. Attorney for Plaintiff I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Department of Defense Manpower Data Center Results as of : Feb-03-2014 08:38:54 AM SCRA 3.0 tus Report rsuanl ito Servieemembers Civil Relief Act. Last Name: WORLEY First Name: ELEANOR Middle Name: Active Duty Status As Of: Feb-03-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA , _....r. , -. , No % NA This response reft:cts the individuals active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA / NA - .. - , No NA This response reflects Where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Futu e Call-Up to Active Duly on Active Du Status Dale Order Notification Start Dale Order Notification End Date 11111111111Nhlai. Service Component =11.1.12111.111101111 CE ...- . This response reflects whether the individtial or hisfherunit has received early notification to report for active du Upon searching the data banks of the Department of Defense Manpower,Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The•Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http: / /www.defenselink.mil /faq /pis /PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his /her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: W72A3A12007C090 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: ELEANOR D WORLEY 1944 SPRING RD CARLISLE, PA 17013-1158 ) COURT OF COMMON PLEAS OF DISCOVER BANK ) CUMBERLAND COUNTY ) Plaintiff ) vs. ) NO.: 13-7203 ) ELEANOR D WORLEY ) Civil Action ) Defendant ) NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esq. at this telephone number: 800-672-0215 ,