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Home My WebLink About14-2865 Supreme Court-of Pennsylvania ' CoinU � In`�, n Fleas �a' 1N, For Prothonota,17se Only: 4 101 D;t1 Conn , DocketlVo: C �M kms. ,1�.> pal Vie ii1foi7nation collected on this,fonn is used solofor coial administvation purposes. This Jbi7n does not supplement or replace the filing and service of pleading oy other papers as requii ed by lata or)-ales of court. �S Commencement of Action: E ®Complaint ❑Writ of Summons El Petition ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T DISCOVER BANK BRIAN E DEAVEN Dollar Amount Requested: ®within arbitration limits r O Are money damages requested? ® Yes ❑ No (check one) ❑outside arbitration limits f N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ 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 ®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 ❑Employment Dispute: S include mass tort) Discrimination E ❑ Slander/Libel/Defamation ❑Employment Dispute:Other ❑ Other: E3Zoning Board C T ❑Other: 1 ❑Other: MASS TORT N ❑Asbestos ❑ Tobacco ❑ Toxic Tort-DES REAL PROPERTY MISCELLANEOUS ❑Toxic Tort-Implant ❑Ejectment ❑Common Law/Statutory Arbitration ❑Toxic Waste ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑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 11112411 FJLE-D-ter FICE- lit Our File No.: 374163 APOTHAKER&ASSOCIATES,P.C. 20MAY 1.2 PM 1 42 BY: David J. Apothaker,Esquire CUMBERLAND COUNTY. Attorney I.D.# 38423 PENNSYLVANIA 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 ) C C NEW ALBANY, OH 43054 ) NO,; Plaintiff, ) VS. ) BRIAN E DEAVEN ) 312 PINE RD ) MOUNT HOLLY SPRINGS, PA 17065-1813 ) 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. -05 34 S. BEDFORD ST. .f CARLISLE PA .17013 �a3 , 7 P A 717-249-3166 /0,20 30973 7 Our File No.: 374163 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 C/O DB SERVICING CORPORATION, 6500 ) CUMBERLAND COUNTY NEW ALBANY ROAD ) NEW ALBANY,OH 43054 ) NO.: Plaintiff, ) vs. ) BRIAN E DEAVEN ) 312 PINE RD ) MOUNT HOLLY SPRINGS,PA 17065-1813 ) Defendant. ) 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 BRIAN E DEAVEN ("Defendant"), an adult individual residing at 312 PINE RD,MOUNT HOLLY SPRINGS,PA 17065-1813. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ("Account")to Defendant. 4. The Account number ends in 4513. 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 $3,680.23. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $3,680.23 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER& CIATES,P.C. Attorney or P aintiff A Law Firm Engaged in Debt Collection BY: David J. Apoth r,Esquire Our File No.: 374163 VERIFICATION ` L ki o�S v >o Glya�S� (Name) (Title of DB Servicing Corporation,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 affiliate, 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. The collection of delinquent accounts includes the right to forward the same to the attorneys to file suit on Discover Bank's behalf.Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Services. or "(Sign Defendant's Name: BRIAN E DEAVEN DBliate for DiscoServicing ver tion servicing Account Number: ending in 4513 PO Box 3025 Our File No.: 374163 New Albany, OH 43054 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFT iCEGFTW,Z,-: MERIFF 1E0 - GF THE PRO1 HO? OTAR'Y 2O111 MAY 23 AM 10: 16 CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Brian Edward Deaven Case Number 2014-2865 SHERIFF'S RETURN OF SERVICE 05/13/2014 06:51 PM - Deputy Dawn Kell, 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: Brian Edward Deaven at 312 Pine Road, South Middleton Township, Mt. Holly Springs, PA 17065. au_tsle‘. DAWN KELL, DEPUTY SHERIFF COST: $35.91 SO ANSWERS, May 14, 2014 RONR ANDERSON, SHERIFF (C) Countyuite Sheriff, Teleosoft, bac. Our File No.. 374163 - �. ` �^ P�[?O T f t.' Apothaker Scian P.C. 0 Ll? 4 I� r ' By: Benjamin J. Cavallaro, Esquire 4H11: 20 Attorney I.D. #307949 UMBERL . 520 Fellowship Road-Suite C306, PO Box 54.96 �'E NNsYLA14COUNTY Mt. Laurel,NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, } vs. ) DOCKET NO.: 14-2865 BRIAN E DEAVEN ) 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 May 30, 2014, STIPULATED by and between DISCOVER BANK ("Plaintiff') and BRIAN E DEAVEN ("Defendant"), as follows: 1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $3,680.23,plus court costs in the amount of$139.66, for a total of$3,819.89. 2. Defendant agrees to remit payment(s) in the following manner: a. $600.00 to be paid on May 30, 2014 b. $143.00 to be paid on or before the 15th day of each month, beginning June 15, 2014 until paid in full. You or your representative authorized one (1) credit card payment, for the first payment listed above. 3. 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 .SUN 13 2014 1 4. 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 Scian P.C. Attorneys for Plaintiff A Law Firm Eng d in Debt Collection By: Benjamin J. C allaro, Esquire Attorney ID# 307949 Defendant By:_ BRIAN E DEAVEN 2