The URL can be used to link to this page

Home My WebLink About14-4941 Supreme Court-Of Pennsylvania Coin S Com f ��n :PIe,-Is f , .,\ For Prothonotan-Ilse Qztlr: • , x-11 fQt=m beef Docket Flo: `r r Dock Hol ��} ,. _ Jy The information collected on this formis used solely for court adininistration purposes. This,form does not supplenien-t or r eplace the,filiiig acid ser-t:ice ofpleadiaags or otlz:er•poper s tis rerquired 4.y lmat or-r-riles of cola-t. S Commencement of Action: E ® Complaint ❑Writ of Summons ❑Petition El Transfer from Another Jurisdiction El Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T DISCOVER BANK JERRY F COLE I Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ®within arbitration limits U (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an NIDJAppeal. El Yes ® No i I 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 i 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 ❑ BoarTof 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 forEl Employment Dispute: Discrimination [_1Slander/LSlander/Libel/Defamation C El Other: ❑ Employment Dispute: Other ❑ Zoning Board T, ElOther: I ❑ Other: o MASS TORT NEl Asbestos ❑ Tobacco ❑ Toxic Tort-DES REAL PROPERTY MISCELLANEOUS J ❑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: I i Updated 1/1/2011 F, 1 •1 j Our o.: 380109 , T 'ONO A pothakerScian P.C. By: David J. Apothaker, Esquire �, ► � � . u J Attorney I.D. #38423 U'1BERL.41d 520 Fellowship Road Suite C306 PENNSY1 ,41j1A T� 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.: IH -L49(41 C Plaintiff, ) VS. ) JERRY F COLE ) 711 ROBERT ST ) MECHANICSBURG, PA 17055-3448 ) 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 S, t 717-249-3166 . gs�> OIL# 111'7,767) Our File No.: 380109 Apothaker Scian P.C. By: David J. Apothaker, Esquire Attorney I.D. #38423 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. ) JERRY F COLE ) 711 ROBERT ST ) MECHANICSBURG, PA 17055-3448 ) 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 JERRY F COLE ("Defendant"), an adult individual residing at 711 ROBERT ST, MECHANICSBURG, PA 17055-3448. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ("Account") to Defendant. 4. The Account number ends in 4220. 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 $3,113.70. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of$3,113.70 and requests this Court award costs to the extent permitted by applicable law. Apothaker Scian P.C. Attorney for intiff A Law Finn Engaged in ebt Collection BY: David J. ApotRaVer, Esquire Our File No.: 380109 VERIFICATION (Name) (Title) of DB Servicing Corporation,the servicing affiliate of 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 states,that he/she is a duly authorized representative of plaintiff herein.Additionally,he/she verifies that Discover Bank, f/k/a Greenwood Trust Company,which is an FDIC-insured Delaware state bank, lacks sufficient knowledge or information to verify this complaint.He/she verifies that he/she is authorized to make this verification.As an employee of DB Servicing Corporation,he/she has sufficient knowledge and information to make this verification, and consequently verifies that the facts set forth in the foregoing complaint are true and correct to the best of his/her knowledge and information and that he/she is personally familiar with the account and the relationship between Discover Bank and DB Servicing Corporation. It is further stated that Discover Bank and DB Servicing Corporation extend credit through issuance of the Discover Card. As the servicing affiliate,DB Servicing Corporation performs a variety of services for Discover Bank, including business management services in support of Discover Bank business lines, including, among other things, credit card, deposits,personal loans and student loans, customer service, collections, credit risk, collection of delinquent accounts and other support services. The collection of delinquent accounts includes the right to forward the same to the attorneys and/or collection agencies for collection and to file suit on Discover Bank's behalf.Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Services. wla�x t�4_ J (Signatur Defendant's Name: JERRY F COLE DB Servicing Corporation, servicing affiliate Account Number: ending in 4220 of Discover Bank Our File No.: 380109 PO Box 3025 New Albany, OH 43054 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson THE PROTHONOTARY Sheriff Jody S Smith Chief Deputy 2014 OCT 24 P i 3: 35 � r �'' Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA OFFICE OF THE 7$; RIFF Discover Bank vs. Jerry F Cole Case Number 2014-4941 SHERIFF'S RETURN OF SERVICE 08/27/2014 01:44 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Virginia Cole, wife., who accepted as "Adult Person in Charge" for Jerry F Cole at 711 Robert Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. TIM A K DEPUTY SHERIFF COST: $39.30 SO ANSWERS, October 16, 2014 (c) Coun(ySuitc Shed(, Teleosoft, Inc. RON�R ANDERSON, SHERIFF Our File No.: 380109 Apothaker Scian P.C. By: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK vs. JERRY F COLE Plaintiff Defendant 2atiDEC 29 AM 11: 5Q CUMBERLAND COUNTY P NNSYLVAN1A ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 14-4941 CIVIL ) ) Civil Action ) ) PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, JERRY F COLE, in the default of an Answer, in the amount of $3,113.70 computed as follows: Amount claimed in complaint: Less: Amount Paid: Plus: Interest from August 21, 2014 to November 3, 2014 at the legal interest rate of 0.00% per annum Attorney fees TOTAL 3,113.70 ( 0.00) 0.00 0.00 I certify that Defendant, JERRY F COLE ast own address is 711 ROBERT ST MECHANICSBURG, PA 17055-3448. David J. = pothaker, Esquire Attorney for Plaintiff 3,113.70 Our File No.: 380109 Apothaker Scian P.C. By: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK vs. JERRY F COLE Plaintiff Defendant ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 14-4941 CIVIL ) ) Civil Action ) ) 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 Plaintiff s 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 of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. A "raker, Esquire Attorney for ' aintiff Our File No.: 380109 Apothaker Scian P.C. By: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK vs. JERRY F COLE Plaintiff Defendant ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 14-4941 CIVIL ) ) Civil Action ) ) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND David J. Apothaker, Esquire, 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 711 ROBERT ST MECHANICSBURG, PA 17055-3448. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209_593, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely -Dixon, Director of the I Manpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are ni e military. David J. A raker, Esquire 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 tus Report Pursuant to Se ieetnerabers Civil . Relief ct Last Name: COLE First Name: JERRY Middle Name: Active Duty Status As Of: Nov -03-2014 Results as of : Nov -03-2014 05:29:34 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects 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 Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty 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/PC09SLDR.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: 3FJ7M14330F2PE0 DISCOVER BANK. vs. JERRY F COLE To: JERRY F COLE 711 ROBERT ST MECHANICSBURG PA 17055-3448 Date of Notice: October 20, 2014 ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) NO. 14-4941 CIVIL 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 DA ft 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 ABOUF AGENCIES .11-1:AT 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 380109 DAVID J. APOTHAKER,ESQUIRE• Apothaker Scian P.C. A Law Firm Engaged in Debt Collection 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorney for Plaintiff - Attorney ID #38423 1111 le 111111 1,1 11_111_111 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: JERRY F COLE 711 ROBERT ST MECHANICSBURG, PA 17055-3448 DISCOVER BANK vs. JERRY F COLE Plaintiff Defendant NOTICE ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 14-4941 CIVIL ) ) Civil Action ) ) 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, Esquire at this telephone number: 800-672-0215 /4,2-9// 9'