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Home My WebLink About14-3674 8uPri�me Court-of Pennsylvania Cout �i�f Ga n u` Pleas . � =!t iI''GQ�'e ,SII. For Prvfliouotat L se(3ttl ee# ...��, �,,, Docket No: � B 5 c ffl ER D r .717e3 inforination collected on this form is used solely fol"court administration pinpose.S. T his form. does not stipplernent or-replace the filing and sem ice of pleadings oi-ofher papers as required by lmv or rules of court. i S Commencement of Action: E ®Complaint ❑Writ of Summons ❑Petition ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T DISCOVER BANK DAPHNE K GELBAUGH i I Dollar Amount Requested: ®within arbitration limits Are money damages requested? ® Yes ❑ No 0 (check one) E]outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes E No A Name of Plaintiff/Appellant's Attorney:Apothaker Scian 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 S include mass tort) El Employment Dispute: ❑ Slander/Libel/Defamation Discrimination E El El Employment Dispute:Other C ElZoning Board T ❑ Other: I ❑ Other: 0 MASS TORT NE)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 i ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ❑Mortgage Foreclosure:Residential Restraining Order ❑Mortgage Foreclosure:Commercial ❑ Quo Warranto PROFESSIONAL El Partition E]Replevin LIABLITY E] Quiet Title ❑ Other: ❑Dental ElOther: ❑Legal ❑Medical ❑Other Professional: Updated 1/1/2011 Z7F �l FiL �"r7� Our File No.: 372532 �h �[ ;, j ,� Apothaker Scian P.C. P By: Kimberly F. Scian, Esquire G W-1BF RL �' Attorney I.D. #55140 1,6 ,�, D ULVANIA, 520 Fellowship Road Suite C306 PO Box 5496 Mt. Laurel,NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK ) COURT OF COMMON PLEAS CIO DB SERVICING CORPORATION, 6500 ) CUMBERLAND CO Y NEW ALBANY ROAD NEW ALBANY, OH 43054 ) NO.: Plaintiff, ) VS. ) DAPHNE K GELBAUGH ) 215 STONEHEDGE DR ) CARLISLE, PA 17015-9148 ) 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 J `7 C_1/ C�k* 16)c11 Our File No.: 372532 Apothaker Scian P.C. By: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road Suite C306 PO Box 5496 Mt. Laurel,NJ 08054-5496 (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. ) DAPHNE K GELBAUGH ) 215 STONEHEDGE DR ) CARLISLE, PA 17015-9148 ) 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 DAPHNE K GELBAUGH ("Defendant"), an adult individual residing at 215 STONEHEDGE DR, CARLISLE, PA 17015-9148. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ("Account")to Defendant. 4. The Account number ends in 5026. 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. 1 y 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 $3,069.99. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $3,069.99 and requests this Court award costs to the extent permitted by applicable law. Apo ak Scian P.C. A rney for Plaintiff A Law Fi Enga ed in Debt Coll ion BY: David J. z o_ a r, Esquire Our File No.: 372532 i VERIFICATION (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/sv is a duly authorized representative of plaintiff "r 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/ /r knowledge and information and that he/ e is familiar with the manner and method by which plaintiff maintains its normal business books and records, including computer records of defaulted accounts.//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. 1 (Signature) Defendant's Name: DAPHNE K GELBAUGH DB Servicing Corporation servicing Account Number: ending in 5026 affiliate for Discover Bank Our File No.: 372532 PO Box 3025 New Albany, OH 43054 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff G a Jody S Smith Chief Deputy ;° ' P J%-';@" 2 7 i Richard W Stewart � -L � Solicitor � `� ' �� ' t'i� NSYLVANI Discover Bank c/o DB Servicing Corporation Case Number vs. Daphne K. Gelbaugh 2014-3674 SHERIFF'S RETURN OF SERVICE 06/20/2014 03:38 PM-Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint&Notice by handing a true copy to a person representing themselves to be Tim Gelbaugh, who accepted as"Adult Person in Charge"for Daphne K. Gelbaugh at 215 Stonehedge Drive, South Middleton, Carlisle, PA 17015. CHRIS Ph .R SHARPE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, June 25, 2014 RONIY NDERSON, SHERIFF Our File No.: 372532 r Apothaker Scian P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520. Fellowship.Road Suite C306,_ RO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK Plaintiff, vs. DAPHNE K GELBAUGH Defendant. Ji 11L-- ITO 17-1 2014 JUL f 7 Fp V O pFERL A ��D COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 14-3674 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 June 26, 2014, STIPULATED by and between DISCOVER BANK ("Plaintiff') and DAPHNE K GELBAUGH ("Defendant"), as follows: 1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $3,069.99, plus court costs in the amount of $203.75, for a total of $3,273.74. 2. Defendant agrees to remit payment(s) in the following manner: a. $250.00 to be paid on or before June 30, 2014; b. $250.00 to be paid on or before July 30, 2014; c. $110.00 to be paid on or before the 30th day of each month, beginning August 30, 2014 until paid in full. You or your representative authorized twelve (12) post-dated checks, for the next twelve (12) payments listed above. 3. All payments shall be made payable to "DISCOVER BANK", and sent to the office of Plaintiffs 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 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 Err . . in Debt Collection By: •�� Benjamin Cay.11aro, Esquire Attorney ID# 307949 By: Defendant DAP E K GEL : AUGH 2