HomeMy WebLinkAbout02-4966EDWARD STOCK, ESQUIRE
I.D.#13657
18th Floor
1608 Walnut Street
Philadelphia., Pa 19103
(215)893-9322
Attorney for:Plaintiff
DISCOVER BANK, ISSUER OF DISCOVER CARD BY
ITS AGENT DISCOVER FINANCIAL SERVICES, INC. COURT OF COMMON PLEAS
P.O. Box 6011 OF CUMBERLAND COUNTY
Dover, DE 19903-6011 CIVIL ACTION - LAW
Plaintiff
VS.
M. I. MITCHELL
70 Rustic Drive
Shippensburg, PA 17257-9461
Defendant
CIVIL ACTION
"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 de-
fences 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 1==011ey ut P°4nerty or other rights important to you.
"YOU SHOULD TAkE THIS PAPER TO YOUR LAWYER
AT ONCE. fl" YOU UO NOT HAVE A LAWYER OR CAN-
NOT AFFO` I) ONE. GO TO OR TELEPHONE THE OFFICE
SET FORTH BELr4W TO FIND OUT WHERE Y
GET-LEGA. HELP OU CAN
,
NO. Q.-? (2L U L
"AVISO
"Le ban demandado a usted en la corre. Si usted quiere
defenderse de esterstienedemveinteanders(20)expuestasde
dias en IT paginas
sfguientes, usted plazo al partir de
la fecha de Is demands y Is notification. Hace falter asentar
una comparencia escrita o en persona o con un abogado y
entregar a is corte en forma escrita sus defensas o sus objeci-
ones a las demandas en contra de su persona. Sea avisado
que si usted no se defiende, la torte tomard medidas y puede
continuar la demanda en contra soya sin previo aviso o notifi.
cacioh. Ademas, Is torte puede decidir a favor del deman-
dante y requiere que usted cumpla con todas las provisioner
de esta demanda. Usted puede perder dinero o sus propieda-
des u otros derechos importantes pars usted.
"LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATA-
MENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DIN-
ERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
CUYA DIRECCIONI SE OENCUE TRA TELEFONO ESCRITAOFIC
ABAJO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
LAWYER REFERENCE SERVICES
Office of the Court Adninistrator
One courthouse square, 4th Floor
Carlisle, PA 17013 j
(717) 240-6200
EDWARD STOCK, ESQUIRE
I.D.#13657
18th Floor
1608 Walnut Street
Philadelphia, Pa. 19103
(215) 893-9322
DISCOVER
DISCOVER
DISCOVER
INC.
P.O. Box
Dover, D]
BANK, ISSUER OF
CARD, BY ITS AGENT
FINANCIAL SERVICES,
6011
19903-6011
Plaintiff
vs.
M.I. MITCHELL
70 Rustic Drive
Shippensburg, PA 17257-9461
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. Oa - /49"
LIU'.`_?
CIVIL ACTION
COMPLAINT IN ASSUMPSIT
1. Plaintiff, Discover Bank, issuer of Discover
Card, by its agent Discover Financial Services, Inc.,
is a duly organized banking institution under the laws
of the State of Delaware and has a principal place of
business at the address contained in the above caption.
2. Defendant(s), M.I. Mitchell, is an adult
individual and resides at the address contained in the
above caption.
3. After application by the Defendant(s) to the
Plaintiff for a credit card account, which application
was approved by the Plaintiff, the Plaintiff issued a
credit card to the Defendant(s) so that the
Defendant(s) could make purchases from merchants, on
credit, who had established a business relationship
with the Plaintiff in regard to the same.
4. Plaintiff attaches hereto a copy of the
standard Cardmember Agreement to this Complaint as
Exhibit "A" which contains the terms and conditions of
the undertaking between the Plaintiff and the
Defendant(s).
5. Thereafter, the Defendant(s) utilized the said
credit card on various and sundry occasions.
6. Plaintiff attaches hereto as Exhibit "B" to
this Complaint, a true and correct copy of the last
monthly statement in regard to the activities in
connection with the Defendant's account and also
attaches hereto as Exhibit "C" to this Complaint, an
Affidavit from the Plaintiff attesting to the present
balance due the Plaintiff from the Defendant(s) in
regard to the said account.
7. Notwithstanding repeated requests and demands
of the Plaintiff upon the Defendant(s) to satisfy the
outstanding indebtedness in the sum of $13,852.13, the
Defendant(s) has/have and still refuse(s) to pay the
same.
8. As a result thereof, Plaintiff has been forced
to incur reasonable attorney collection fees in the sum
of $3,463.03 in an attempt to legally enforce
collection of the debt due it from the Defendant(s),
which reasonable attorney fees are the responsibility
of the Defendant(s) to pay in accordance with the
Cardmember Agreement.
9. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
WHEREFORE, Plaintiff, Discover Bank, issuer of
Discover Card, by its agent Discover Financial
Services, Inc., demands Judgment against the
Defendant(s), M.I. Mitchell, in the sum of $17,315.16,
with interest and costs.
DATE: 4 Q"
VERIFICATION
EDWARD STOCK, ESQUIRE, Attorney for Plaintiff herein,
verifies that the statements made in this Pleading are
true and correct and that he is authorized to make them
on behalf of the Plaintiff. He understands that the
statements herein are made subject to the penalties of
18 Pa. C.S.A. Sec. 4904, relating to unsworn
falsification to authorities.
EDW OZID OCK ESQUIR
' o
FI"A"CIA,, SERVICES
"Ra
CARDMEMBER AGREEMENT
Please read this Agreement
Acroum. carefully before using your Discovera card
It contalns the terms and conditions of your Account, some of
which may have changed from earlier materials provided to you. In the
event Of any differences, this Agreement shall primal.
AGREEMENT TERMS: The word 'Account' means your Discover Card Ac-
cOUrL Ode ward "Cara- meansamy one or mare Discover Cards issued to you
or scmecneelse with Your authonzation. The•xomsheu",dour",or'yours"
rarer tat .n addition to you, the Cardmem
are also ber, any other person or persons who
contractually liable under this AgreemanL The wards'We", 'us' and
Our:af r to Greenwood Trust Company, the suer Of Your Discover Card.
ACCEPTANCE OF AGREEMfW.. The
anyone •xn use of youraccount or a Card, by you or
om you aumorize orpermd to use your account or a Cam, means
YOU accept this Agreement
USE OF YOUR ACCOUNT. You, Account may ce used for.
P•'Cisos - to ou"Ohasa Or lease goods
merchants or services tram NO'NS" Network
by presenting your Cam or accountnumber.
• Cash Advances- to obtain cash advances at,VGVUSCashNetworks auto-
mated telter machines, from particpadng 9nancal institutions or other
!er woos, or by means of checks •xhich 'No May furnish to vau, all in
scoordance with such additional terms and conditions
from time to Time. as may he imposed
• Saiarca Transfers -to trasfer balances from Other credit C= by
accounts
means of balance transfer coupons or checks, in accordance with such
accmcnal terms and conditions of offers what are mace from time to time.
In scotch. Your Account may be used to guarantee hotel reservations at par-
dc:cadng establishments. You will be liable far guaninteeO
not reservations that
.2 caI cefed Orion to the time specaied by the establishment.
Ycu;grae ;hat you will only use your Account for:zrscral, `amity, household
aria c,;r, W Ole Ou doses. Your Account may not to used for business or cam
.,c t an, y purposes Or to obtain loans to Purchase. .1n or trade in securities.
17 is ;G-
er7o In. Iree•"•our Account may not be usea to pay any amount you owe under
WIL Prior to its use, am, Caro must Designed by the person to
wnem Vs issued. We are not responsible far me refusal Of anyone to accept
or hcncra Card or to acceat checks
retum any Cam or unused checks to us UoQn reauaewided you. You thus.
AUTYORIZED CARD USERS. If you •xant to z s race! „e aumanz,d or oermit-
I Accountbyanomerperson.youthus[notiryusimvntingOrby
.-.ecncre and Destroy any Cara in mat person's'Ossession.
MEMBER la•Ttl l ara?tJl NETWORK
IYi _'I ?3507 _4An .het use
LIABILITY FOR UNAUTHORIZED USE. If a Card is lost or stolen, or if you
think that someone is using your Account or a Card without your permission,
notify us immediately. You can notihy us by ta!eohening I-800-DISCOVER
(1-800-}31-2583), arby wrinnq DISCOVER CARD, FD Bcx 15155,'Niningron,
CE 19888-10(12. You may he liable for the unaummrizec usa Of a Cara oryour
Account You.viil not be liable far unauthorized use ma[ ocean after you
notify us, 6y phone or in writing, of the IDSS, then ar possible unauthorzed
uu. In airy case, your liability will not exceed ec-0,00.
CREDIT LIMIT. 'lye will ad'nse you of year cred2limiL 'lye may increase or
dec;eaze your credit limit from tlme to time. Yau agae no[ to exceed or
attempt tO exceed your credit !ImiL '(ou will :xcaed your czdit Ifm;t if YOU
your ur c:eayourit unpaid balance, including France Cnargzs and fees, to exceed
y limit. '(our credit limit will not inco
balance n your Account de :nz amount of am credit
i
PROMISE TO PAY, You agree to pay us in U.S. Collars for fl purchases. cash
advances and balance transfers including appiicahie, ,,ranee CSargas ana other
Gorges or fees, incurred by you or anyone you aumorize or permit to use
your Account or a Card, even if you do not notihi us tat others are using your
Account ora Card. 'lye will convert purchases and cash aasnces made In a
foreign currency to U.S. Dollars at a rate existing on me date of conversion. If
YOU pay us in other than U.S. Dollars we may reiusa to accept the payment or
ciwge your Account our cos[ to curry ert your payment to U.S. Dollars. All
checks must be drawn on funds an deposit in one U.S.
If your ACdaum is a joint Account each of you agrees to be liable incividually
and jointly for the entire amount awed on your AcczunL We can -coop[ Tate
payments Or partial payments or checks and money ;rte:s maxea "payment
m full" ar whh any Omer resttica+e endorsement wreut ;osing any of
rights unaer this Agreement. our
MONTHLY BIWNG STATEME4T. We will sans you_ billing setementafter
each manmN billing penotl in •xhich you have a edit or c: zd:i Saiance of
51.00 Ormare. The billing statemenbxiil show <iI cumhaszs, cash advances,
balance hrsnsfers, Fnance.Chargs and other D,arges cr fees ana;il-pay
meets ar other crepits pasted to your Account Gunrg me Ciilinc oe.^.cd, Itwill
snow your New Balance, Minimum Payment Oueonce r-ayment hue or, t.
MONTHLY PAYMENT OPTIONS. you ma .
Balance ;hO:vn on _ Y at any :me pay the endre New
least the Minimum Pavmenl[ ue?.An payments??us??e mil ed ?Dr e
a[ Pay at
to us in De awe a at ?0 Sax ou ... Dover, of r.9
em 9C 0; t or by using the
eiege incased with such sa<zmem. All cayme.^,5 viii haapplied as dster-
mined IT our disc, ton. 'lye reserve the it Tit to -Dry payments to caiancas
SUhlem to lower Annual P!rc ge Rates. such az Scecial rate haiance rns-
rers, prior to balances Subiect tp higher Ann Us Pas„rge Rates-
MINIMUM MONTHLY PAYMENT. The rr .Minimumrayment Cue each month
il be the sum of any amount pas[ due and the minimum monthly cavment.
na minimum monthly payment each month •xiil de :,
,.z greater of S;11.C0 or
an amount edual to 1148th of the New 9aiance. rC' ae to the nzx; higher
whole doilaramcunt. However , 4fte New Saiarce is ass than S; 0. the mini.
mum monthly payment will be the amount of me New Safance. '!cu can Day
anead. ne Minimum Payment Due for sac, month, billing period will be
reduced by the amountydu nave paid in excess of ;`e lAinimum Payment Due
in any of the three P, evious momhry billing perocuS. ess any pomon of the
?*e
EYHIBIT "A"
°xces :!ready used to reduce payments. However-!Iare wifl be no reduction
it you'ave exc22d2d your CreOit iirmo or you have laid the entire flex gal-
inc. sr:wn an your billing statement. There'•vill also he no reduction if your
a nit
or Acrur; s current, Sias not generally been paid In an acc2prale manner
crarslse not in good standing.
CREDIT 3ALANCES. 'tie Will refund any
^.av c; edit balance within seven business
a'' m receipt at your "'It' 'an request Itycu as rot request a refund. I've
vnl a::radcaily fecund credit balances greater Nan 31.00 wm= remain in
your Arcunt after cio biiling percds.
6AUNCE iAANSFERS. 'tie may periodically after you the opportunity to
r _..alancesfromamercreditcardaccountstoyourAccount Each offer
will :crrsm an initial special rate, whim viil be the Annual Percentage Rate
that Ind a.cly;a trnsczrrad balances for the time period specified in tie offa
n,,2r : a expiration at this time period, the Annual Percentage Rate chat
applies 'or purchases •,vill apply to transce: red balances. talanca ItansMet
subiz1. the initial special rate are referred tp is special rte balance
traas-.ers; balance transfers for Which Lhe initial ;pedal rate has expired
ate referreed t0 as pUrna;e rate potence trnsrers.
=ca their ••viil contain an expiration date. If you attempt to tranat aal
dannc2s
dy me2rs of a cnetik after Lie ex0lrtion pate,'ie' L treat Lie ieta s
e
a polar. ac erica. 'tie xlil not make balance hansierS attempted by means at a
coupon ?,,at the expiration date.
FERICOIC FINANCE CNAAGES.
Ca Excect as explained below, Periodic nanc2
a gas are impasse on purnas2a. cash adya17C2s ana balance tranrers from
State the transaction occurs to Me date ar raavment !f the trnsacaon is
coffee your Account artsr a close of
the billing period in which it occurs
,
Is veil a[72;he 1ransacaon as'aving appointed on hie first day or -its billing
e a n vmc ti's aos;Ed t0 your Account INS Viii assess periodic 9nanca
L••aSs as foilavrs
(1) Lfrant?iiiing Penal
renccic francs Charges are imposed for the current biifing pence on
:arcras. sa aavanc2s aria balance :rrs2rs Umess you caia, dy the
? anent Cue Nice, Me New2alancashown on your previousBillingsate-
,era 'tie camouts Pedomc Fne= Charges ace day ay a mulGpry g
in
Your "LIv Celerities Of ourc-ases. rash advances and balance trutst2(s
ap!ictdle Caiy Peneaic Pates, char ;DeY;w rte Cararce tins.
r rc:LCed in Ce aauv Caiara at Balance -,ansfar: pumra;z eta
:'tiers are nauc r .. aiiq ,a " at ttm s c , .iz
d r'*z culing aerate. ve od cep Me esuis r mese cauy d,fa..;adons
etemine your =rco!c • :nance Charges far he siilinq panda.
r:uraszs. Me cliv:aiancs is rzrculaz0 on tarn day ^r tar acting t':z
L'Cwlnq:0 ,^.e pre ICLI I S caiw :alanc2: %tionases mac2::at caY•'2ee
ev!iat TO cC. con or-ronsec'on we=rance
Z'
aaic y"
narice "`arc s ,.. ary20 an Ne tr2VOUS days Ovi caanc2'
Lflzr 72.^ u^pac-ng arc -SOnS and paymer s fiat act zclol- aeainst
aorta It purr, ass aro 'Uri race talarc2 uansln; j cis -ay.
eGday?iu eOIIIIOg p2rOd Ye also ace:c?2pa!ants-a52:aianCa
iSs"ars "a't".time Our:wsa rte talane rampars on Mar :71.
r s savants he dally balances caic fated an aa, . w tirsi
c:rg dt.'playing to the :revlcus aey's 1-tiv'manta: casn aa?anc2s
ay,ind :rnsacaon sectnanceL'hargs`.orcasnapvancesmade
-•°z :ay, and Pe. GIC ::nanc2 Charges :aargea on ;he ^rvious lay's
daily silence; and'cy Men subtracting any::2CiG and ca?r,.ents cat are
appiiea against 'he balance of cas,i advances cn:rat cay.
Por calarce cfansr?rs. Me daily balance is c- C--.d en each -- -y firs:
acting me fcifawing to the previous day's dauv'aarce: baler= ` . rsre •;
ac u!ar"ayna icdicPnanc atarget
caiv o alanca:.nd r Nan subtracting er! ° ,c lay;
9 nd,alre o; tare I. oCIS a0piizd agains Me .alanc2 of balance .rarsfzr; en ; at tar. C- % first
day of the tumem diilinq penad',ve also ;uctac `am !tz isles;' ;baba
balance Martinets that became curtness rate Caine transfer^, an -at day.
(2) Previous tilling Period
Periodic Finance Charges are imposed for ',',2 creviaus tilling ;-cad an
crevlaus aiiling WOO ourcnases. Casn acvanceS ana Caiance ::ansferS
unless Peneaic finance Charges 11182 lun-c7 imOCssd for ..zc Silling
perod, or you paid Lie Nei Balance snown cn your previous aiiii,cq
state- by the Payment Cue Date. To tempura ese caargs. w? •se Me
same method act =Uladon that we Use 0 calcu!aang ma P=molt n-
,ierce Charges for the current billing penco. is,espabea acwve. except
Liar Ne appducle Rally Peneaic Oates at'. 3c7lled to 'elf! `aianC25 Or
pufChaSeS, Ca;h 20vances and balance trSI for eat,', day if N2 a(e-
vicusdillingpenca. ifleasdailyodancesare21sacomputedisc2scribed
aoeve. •vith the'pra•naus days tally aa!anc2'ccnsdered to rife been
:era an the drat day at the billing pedoa.
101 Oaiv Pericaic liatas and Annual Percentage Rars
ne Caciv P^nodic Raise allpliczate to purc`??zs and Casa amr ncss car
tie current billing Corti aria the previous aiilicq penoa are Casaa an the
"act '2rentage Rate in eff8i for acs iif
Annual ? rg sand s ermined
M. neCaim' noaicRates for ac -Lary; bean r..._Nofthe
ere rage Races in affect for the mging ca .ad.'ae ,ncal er-
- xritage Rare
'or :urhses may he =,21I eased an ^-ahgost ;a'
tie
rate vet for inici you aua fly, as 2xpiaira C2a•x.
fie .annual Percentage Rates are aetemirea Ic :art ay -e Prm2 ?,ate.
.Par CurOS2S or ;,is .;grsment. the ?nma P;5 s tie ate at
nt2 S -IS 2d 25 enme rte' n fe mCn : rates Z t0 Of ?n SV'II
?I ^?I m a last ausines, day act crnu'I then -. ?rime
:•arc.,a;ages. zAnnual PecentageRats,viiic-ange;rainganthe
first tai act the dr hiiling period •inicn topics :I the r ^.dar mcn[h
e ving he -arid in me Prime 5 is c :c n he e ate may
aiv aaic , ales. ? cmc , ° it: hnirtm
month :dincrease. - err
n9 nc x forts of 2drsent,,,".O%ves,:r-scnr a z torrwer at ^:articular _s:aeavaiiamz
hank at any ever time.
L i n y fife ar"tria;es
v are - r rau an nt ^uc n
fit c [ is tie taxed Annual ' ire
to •ases :cr e time period 302". , g a pry
o Is !me .ariad. the Annual Xdlra-
S,..Sc.7,.eaaeiow. - "' °r-raSZs
-,2 ;re..nnual ar2ntag°Rate ieiresfor:ur-ases -: tanaatd
Rate, tie goner Rata ono ;he Bee Ra -
duaurr is basso on me tatal zmount at i ur,. a_es ha, cU -3a Curing
an annual ;erica. is axplamea teiow. Purr2ses Writ. cc-.tics2 this
annual awl are a'meames referrd to as C-'2 giac dUrra52S.:7? :Hake
...ram accrocrata 2alustitrents to pualicsc :uric-alas a -elect it
Account activity, (
S' e. g., a credit issued for a retuned purchase). You will
aualif for the Standard Rata k total qualified purchases are less than
00.0 00, the Baker Rara rfmEal dualified purchases are 3500.00 or more
but less than 91 000.00, and the Best Rate if lot qualified purchases are
$1000.00 or more.
You will qualify for and raceive the Best Rate until your first Anniversary
Date, subject to disqualification. We rarer to the date that is the last day
Of the twelfth billing period after your Account was opened; and each
vnnual
wy Date, nnivef aryOft tdae as YO rannNe?Date. OneachAnni-
purchases farinciudinn;he preceding 12 your
penodsl the rate leveliwillaada
to purchases ( me ?,n..- -__.
a=n day, Suolect to disqualification YOU Will not be=eligible forgthe
Better Rate or the gas-, Rated on your Anniversary Orate you have failed
tonsec make the Minimum Payment Cue ay the Payme
co
utive billing penoas. nt DuDate for two
If at anytimeyoufail bmake the
Due Date f .MinimumPaymentDuebythePayment
Dartwo canuarsve billing peri
the Bette ods, you •wtll be disqualified from
Standard Rrate Rate or the Sea Rate and we will change your rate level f the
. The Standard Rate will apply to ppurchases (including the
outstanding purchasa balance) ham me firs[ caY Of the second billing
Period in •wntGt you 1-1W to make me Minimum Paymerth0ue by the
Payment Oue Orate until your next Anniversary Data.
If. Your Account is closed, the rate !evei (brat is, the Standard J Rate the
,
Better Hate or the Best Pale) in effxc an the data:rourAccount is closed
will appl acavlve. your Account is paid in full, suciec to disqualification as
setfd ti abo
The BwdardRate is.na.vinm ecor :_.._ -..
an
l ard nd st Rtes a Ot Prime Rate plus 8.9 percentage points. The Bet.
reta Best Antes „aye a minimum at 1Z9%. The Daily Periodic Rates
and Oamsponding Annual Pereer_ge Bates at on the date this
OiscaAgreementsuret is
or tu ranta m a;aa :drea .
you are set form in the enclasaa 'Additional
Annual Pe cartage Rata for Cash Acrancas
he ANNUAL PE;C.'-.YL;GE ?A: cror:.ame Prime R a aavarces is jam ' 9.8°6; when
ate is lowe,dtan lo.9%, and Ibl Pine data oius 8.9 ppercent-
i.age points. when the rnme Rate is ! 0.9% car mere. The Daily Penaaic
Rate and ccrrxsaanaing.Annuai PemEage Rate in effect on the date this
Agreement is fumisnea to you are set
Disclosure" or card ca form :n ate encased 'Additional
rnet.
Annual Percentage Pa.
ire Dairy Periodic =ate and xrmsconding Annual Pememage Rate in
elec.far specEat rate cawnce rsfa , will be set forth in the offer fro
us under which you make the daiana tY an
er. As indicated in the
Balance o the il p-rion acove ' pu ran
m-asarateglancetransferswill
Rate th t the Gaily ?enaaic Sate and co tesocnaing Annual Percentage
Rate that be
apply to ourcrases. If YOU received an otter pear ce your
age Rates Of in this ereC me Dairy Penaoic Rates and Annual Percent-
forth Ba in the eofect On do a date mfsare•.men[ is i;mishea to you are set
anc,Osea'Addificnat Disc:OSUre' Or card canter.
(5)
(6)
TRANSACTION FEE FINANCE CHARGES. We will Charge You a Transaction
Fee France Charge of 2.5 of °e amount of each new cash aavance. Thera
is a minimum iransacson Fee FINANCE CHARGE or 52.00 and no maximum
Transaction Fee FINANCE CHARGE. The imposition of Transaction Fee Fi-
nance Charges may result in an Annual Percentage Rate for cash advances
that is higher than the nominal Annual Percentage Rate. All forms of asit
advances, including the use of Discover Card checks, regarcless of the pur-
pose for which used, are subject to Transacdon Fee France Charges. To
obtain the total France Charge an ash advances for each billing period, we
add any Transaction Fee Finance Charges for the billing period charged under
this season to any Periodic Finance Charges calculated under me Periodic
Finance Charges section above.
MINIMUM PERIODIC FINANCE CHARGE. We will charge you a minimum
Penodic FINANCE,, •ARGE of s.5o far am billing period in which same Pen.
odic FINANCE CHARGE of lass Ulan 3 -0 would Otherwise be imposed.
RETURNED CHECX FcE. We will charge you a Retumed Check Fee of S15.Co
each time you pay ifs with a check that is returned unpaid. This fee rill also
apply if a debit transaction to a deposit account from which you have autho-
n2ed us in writing to penodicarty aeduct all or a part of an artountyau owe us
under this Agreement is returned unpaid.
LATE FEE. We will charge you a late Fee of $20.00 k you fail to
make a
required payment within 20 Pays after the Payment Due Orate in any month.
RESEARCH FEE, 'Ate may charge you a Research F e e of SS.Go far each ropy
of a billing statement or sales slip that you request However, or
will not
charge a tae if you request copies in carnection with a billing xrtac
OVERLIMIT FEE. We will charge you an Overiimk Fee of $15.00 for act
billing period in wbica you exceed your creak limit This fed may be charged
even dthe transaction whic., causes you to exceed your credit limit is a!'mo.
razed by us car k you excefa your credit limit due to the pasting of finance
charges or fees to your Account
DEFAULT-COLLEOTION COSia. You are in default rfyou become insohreat
you file a bankruptcy pedtian or have One filed against you, or'd you fail to
c,Ompry with the tam's of this Agrxement including failing to make a requir ea
payment when due car axce!girg your credit limrL If you an in default and are
rater the coilec"an at /our Accdurt to an adamey, •we may chame you aa-
sdnable attorneys foes ara cduft Or other collection cots as permikea ay
law and as actually incumea c! us.
CANC 1ATION. you may farce y g
our Accaum by ratifying us in writin or
teleone and
provia d you nl ? course?rya will sufl be rsd n usetcrece mat
amount you owe as according to the terms of ;his Agreement. plf your
Account is a joint Accaunt ever or you may cancel your Account We may
anew or suspena our Account at any time without notice. We may also
declare the amire balance Of your Account immediately due and payaoie
without notice: if you are in cafauit J
rife a can 'Ne have a reasonaale belief that You are
unable or umwiiling to repair your aofigations to us. kyou are insolvent, if you
kruptw cetiticn cr nave an.- filed against you or if you die. We nary
choose not to renew your Account (beyond the expiration date shown on the
face of a Cara) wimout notice.
PRIVACY. We may investigate ?our credit, employment and income rectims
and verify your areaft references. 'Ne also may repartto credit reporting agen-
Other creditors Me status and payment history or your Account in.
normally agenciesneacn monmc We 41il not release this?Mo to
rmsucti ationrspout your
I
AC^.odnt to any other part' without your prior written permission a:egal oro-+
Ms. However, it you are in default, you •vidiate the terms of iris Agreement a 0
or you file a 6ankmptry petition or have one filed against you, we may release
information about your Account to third parties who may assist as in enforc.
ing•our rights under this Agreement. We may also include your name and
address and other identifying information on lists of Cardmembers furnished
to companies selling products or services that maY he of interest to you. Our
supervisory personnel may listen to or record telephone calls between you
and our representatives in order to evaluate the quality of our service to our
Cardmembers without notice to you.. We may use automated isleobone equip.
mentor prerecorded telephone calls to contact you about your Account.
CREDIT AUTHORIZATIONS. Certain pum"cases and cash advances will re-
quire ouraumomationpridrtocdm letion of the transaction: in some cases,
YOU may be asked to provide Idecation. If our author®tion System is not
working; we may not be able to authorirn a transaction. We Wfl net he liable
d you a any of these events happen.
CHANGE OF TERms. 8Th may change any term orpari.af this Agreement,
including any finance charge rate, fee or method
of cdmpWnq any balance
notice upon while atleast the JO finance charge rate is rise cratl? by sending yaa a written
days 6efara.the change is to hecame effective:. We may
apply any such change to.t he autstandinq.balance at your Accaom an the
eteclfve date of the change and to now uharge,made after that data. If you
do not agree to the change, YOU most aetify ar in writing within JO days
mIn the
notice at change In which oc=YouraAccount will be deed Provided
ust
pay ns 0e balance that you are as under the existing terms ai the
turbine. he un-
changed Use of year Otherwise, you will tare agreed to the changes in the
. Usa of m Aannot after the effective date of the change will he
deemed acceptance of the new terms as of such effective date, even if you
Previously notified as that you did but agree to the change. -
CHANGE OF ADDRESS. If you change your address you must notify us of
your new address •xithin 15 days.
ASSIGNMENT OFACCOUNT. We may sell. assignartram7erychrAcaunt
anv portion theredf without notice to you. or
You may naise0, assi
your?caum without first obtaining-our pod •xntagaonsent. gn ariranst r
GOYE•INING LAW. This Agheemeat will be governed by the laws at the
State of Oelawra and apolig6le federal laws, t arty part Of this Agree-
mem becomes unenforcnaole, twill not make carry other part hne:ndreeahle.
Greenwood ;ms; C„mpary
DISCOVER CARD
_ 'f?PresideraV
D'SC•VE
R• payment due data new balance account number 6011 0045 1061 9626
CARD July 29, 2002 $0.00 enter amount enclosed below
minimum payment due
•?'Ffatinum 341
$2
00 $
,
.
04 SDPN6A01 0002 717
M MITCHELL Great Balance Transfer ratesl
70 RUSTIC DR Call 1-800-767-7339 to see if
SHIPPENSBURG PA 17257-9461 an offer is available for you.
PO BOX 15251 Ill. 11111111111111rrr11tell
WILMINGTON DE 19886-5251
Address or telephone change? Please print change in the space above.
000006011004510619626000000000000000234100
Closing Date: June 30, 2002 page 1 of 2
fscover atinum ar ccount ummary
accountnumber 6011 0045 1061 9626
payment due date July 29, 2002
minimum payment due $2,341.00
credit limit $12,000
credit available $0
cash credit limit $6,000.00
cash credit available $0.D0
previous balance $13,852.13
payments and credits - 13,852.13
purchases + 0.00
cash advances + 0.00
balance transfers + 0.00
FINANCE CHARGES + 0.00
new balance = $0.00
Transactions
S
0
N
V
V
X
N
trans. post
date date
Payments and Credits Jun 30 Jun 30 INTERNAL CHARGE-OFF
$-13,852.13
Average Daily ANNUAL Periodic Transaction
Fee
Daily
Balances Periodic
Rates PERCENTAGE FINANCE
RATES CHARGES FINANCE Rate
CHARG
ES Plan
current billing period: 14 days
Purchases $0 0.05477% 19.99% $0 none fixed
Cash Advances $0 0.05751% 20.99% $0 $0 fixed
Questions? Cali 1.800-DISCOVER (1-800-347.2603) or log onto Discovemard.c0111. For TDD
the Deaf) assistance
see revers
id (Telecommunication Device for
,
e s
e. Send billi ng error notice to: Discover Platinum; P.O. Box 15192; Wilmington, DE 19850-5192.
EXHIBIT " B" It pays to
ATTORNEY: EDWARD STOCK & ASSOCIATES, LLP
6011004510619626
BALANCE: 13852.13
CARDMEMBER(S): M. I. MITCHELL
STATE OF OHIO
COUNTY OF FZK IN
personally appeared before me, this day and after
being duly sworn, ccording to law, upon his/her oath and says:
THAT he/she is an account manager for DISCOVER FINANCIAL SERVICES, INC.
the servicing agent of DISCOVER BANK, an FDIC-insured
Delaware state bank.
THAT in their capacity as Account Manager Affiant has control over and
access to all records regarding the account of this debtor; further that
the Affiant has personally inspected said account and statements regarding
the balance due on said account. These Records are kept in the normal
course of business.
THAT the undersigned Affiant being duly sworn deposes and says that there
has not been a knowing violation of the State Consumer and Credit Laws
regarding this transaction.
THAT the annexed statement of account, in favor of DISCOVER BANK
is a true and correct statement and there is now due and owing to
DISCOVER BANK, the sum over and above all legal set-offs.
'Attached' hereto as exhibit A is a copy of the terms of the account
which we forwarded with the charge card to the Cardmember(s).
THAT to the best of the Affiant's knowledge and belief the defendant is
employed in civilian life and by reason thereof is not engaged in the
military service of the United States and is a resident of the State and
of the Country in which this action has been filed.
THAT this affidavit is made on the basis of Affiant's personal knowledge
and in support of Plaintiff's suit on account against said Debtor.
l?
Affiant
NOTARY PUBLIC, STATE OF OHIO
MY COMMISSION EXPIRES
iA
?••u??ZC?GP ? v2?i (o
Sworn and Subscribed before me
this 1j day of
?L`Z??
NOTARY
%p, ,,I I
0
?? 9?= PAM PRATT
* * _ Notary Public, State of Ohio
My Commission Expires
Nj -' November 5, 2006
uun
EXHIBIT "C"
r-
,o C -71
d „
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-04966 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
MITCHELL M I
BRIAN BARRICK Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MITCHELL M I
the
DEFENDANT at 1957:00 HOURS, on the 15th day of October , 2002
at 70 RUSTIC DRIVE
SHIPPENSBURG, PA 17257 by handing to
M.I. MITCHELL
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs
Docketing 18.00
Service 13.80
Affidavit .00
Surcharge 10.00
.00
41.80
Sworn and Subscribed to before
me this alaX day of
la'C 7rrn,z.. A. D.
?1e, n 1 1 N D 0 A Q,QT
'eifothonotary
So Answers: R. Thomas Kline
10/17/2002
EDWARD STOCK ASSOC
By:
Deputy Sheriff
STOCK & GRIMES, LLP
BY: Edward Stock
I.D Attorney for Plaintiff
413657 ' Esquire
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK,
D ISSUER OF
ISCOVER CARD
DISCOVER BY ITS AGENT COURT OF COMMON PLEAS
INC. FINANCIAL SERVICES, CUMBERLAND COUNTY
P.O. B 601 CIVIL ACTION-LAW
Dover DE1
19903-6011
Plaintiff
vs.
M•I• MITCHELL
70 Rustic Drive NO.
ShiPpensbur 2002-04966
9, PA 17257
Defendant (s)
PRAECIpE FOR D
EFAULT JUDGMENT
TO THE PROTHONOTARY:
Enter Judgment by Default in favor of the
Plaintiff, Discover Bank, issuer of
its agent Discover Discover Card b
er Financial by
Services, Inc.
against the Defendant(s), and
Answer the M•I• Mitchell, for failure
Civil Action Complaint, to
damages in the Assess Plaintiff s
sum of $17,315.16
Prayer of in accordance with the
the Complaint.
DATE : O
EDW
QUA E
I hereby assess
damages in the sum of $17,315.16
in favor of the Plaintiff, Discover
Discover Bank, issuer of
Card by its agent Discover Financial
Services,
? ? .,o
? ?
O
w ?
? ?
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? ?
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Tr ; ?;
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n,)
__r _ 3?
?[;
STOCK & GRIMES, LLP
B : Edward Stock, Esquire
#13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK, ISSUER OF
DISCOVER CARD BY ITS AGENT
DISCOVER FINANCIAL SERVICES,
INC.
P.O. Box 6011
Dover, DE 19903-6011
Plaintiff
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
vs.
M•I. MITCHELL
70 Rustic Drive NO. 2002-04966
Shippensburg, PA 17257
Defendant (s)
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Enter Judgment by Default in favor of the
Plaintiff,
Discover Bank
issuer of Discover Card by
its agent Discover
Financial Services,
against Inc., and
the Defendant(s), M.I. Mitchell, for fail
Answer the Civil ure to
Action Complaint. Assess Plaintiff s
damages in the
sum of $17,315.16 in accordance with the
prayer of the Complaint.
._.........
DATE: Ok._
EDW
QUA E
I hereby assess
damages in the sum of $17,315.16
in favor of the Plaintiff,
Discover Bank
Discover Card b , issuer of
y its agent Discover Financial Services,
Inc., and against the Defendant(s), M.I. Mithcell, as
above. _
DATE : FF ?CX
PRO PROTHY
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF PHILADELPHIA:
EDWARD STOCK, ESQUIRE being duly sworn according to law,
deposes and says:
(a) That the Defendant(s) is/are not in the Military or
Naval Service of the United States or its Allies, or otherwise
within the provisions of the Soldiers' and Sailors' Civil Relief
Act of Congress of 1940 as amended;
(b) That Defendant, M.I. Mitchell, is approximately 40
years of age, resides at 70 Rustic Drive, Shippensburg, PA 17257,
and is self-employed.
(c) That Defendant , is
approximately years of age, resides at
and is a housewife.
Affiant has ascertained the foregoing information by
personal investigation and makes this Affidavit in due authority,
and he understands that the statements herein are made subject to
the penalties of 18 Pa. C.S. Sec. 4904, relating to unsworn
falsification to authorities.
DISCOVER BANK, ISSUER OF COURT OF COMMON PLEAS
DISCOVER CARD BY ITS AGENT CUMBERLAND COUNTY
DISCOVER FINANCIAL SERVICES, CIVIL ACTION-LAW
INC.
Plaintiff
VS.
M.I. MITCHELL NO. 2002-04966
Defendant(s)
CERTIFICATION UNDER PA. R.C.P. 237.1
EDWARD STOCK, ESQUIRE, Attorney for Plaintiff,
Discover Bank, issuer of Discover Card by its agent
Discover Financial Services, Inc., certifies that he
sent a copy of the attached Notice on November 25, 2002
by regular mail, to the Defendant(s) at the address at
which the Defendant(s) was/were served with a copy of
the Complaint by the Office of the Sheriff_,indicated by
the court records.
DATE :
EDWARD'
Attorney for Plaintiff
DISCOVER BANK, ISSUER OF DISCOVER CARD BY
ITS AGENT DISCOVER FINANCIAL SERVICES, INC.
Plaintiff
Vs.
M.I. MITCHELL
Defendant(s)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 2002-04966
TO: M.I. Mitchell
70 Rustic Drive
Shippensburg, PA 17257
DATE: November 25, 2002
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN 10 DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST
YOU WITHOUT A HEARING AND YOU MAY LOST YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER
AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP:
LAWYER REFERENCE SERVICES
Office of the Court Administrator
One Courthouse Square, 4th Floor
Carlisle, PA 17013
(717) 240-6200
"ISO I MPORTANTE
USTED ESTA EN REBELDIA PORQUE HA FALLADO EN TOMAS LA ACCTION
EXIGIDA DE SU PARTE EN ESTE CASO. A MENOS DE QUE USED ACTUE
DENTRO DE DIEZ DIAS DE LA FECHA SE ESTE AVISO, SE PUEDE REGISTRAR
EN SENTENCIA CONTRA USED, SIN EL BENEFICIO DE UNA AUDIENCIA
Y PUEDE PERDER SU PROPOEDAD O OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEVAR AVISO A UN ABOGADO ENSEGUIDA. SI USED NO
TIENE UN ABOGADO Y NO PUEDE PAGAR POR LOS SERVICIOS DE UN
ABAGADO, DEBE COMUNICARSE CON LA SIGUIENTE OFICINA PARA
AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL:
SERVICIO DE REFERENCIA LEGAL
Office of the Court Administrator
One Courthouse Square, 4th Floor
Carlisle, PA 17013
(717) 240-6200
EDWARD STOCK, QU
18th Floor
1608 Walnut Street
Philadelphia, Pa. 19103
(215) 893-9322
- o
zj-
ti
t {.J
P
CIVIL ACTION -LAW
NO. 03-4966-Civil
Defendants. : JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER
AND NOW, comes Plaintiff Elizabeth R. Updegraff, individually in her own right and as
SKARLATOS & ZONARICH LLP
John R. Zonarich, Esq.
John B. Zonarich, Esq.
Attorney Id. Nos. 19632/79989
17 South Second Street, 6`h Fl
Harrisburg, Pennsylvania 17101
(717) 233 - 1000 (telephone)
(717) 233 - 6740 (facsimile)
jrz@skarlatoszonarich.com
jbz@skarlatoszonarich.com
Attorneys for Plaintiff
WILKES & McHUGH, P.A.
Ruben J. Krisztal, Esq.
Attorney Id. No. 202716
1650 Market Street, Suite 3175
Philadelphia, PA 19103
(215) 972-0811 (telephone)
(813) 286-8820 (facsimile)
RKrisztal@wilkesmchugh.com
Attorneys for Plaintiff
ELIZABETH R. UPDEGRAFF, IN THE COURT OF COMMON PLEAS
individually, and as the Administrator CUMBERLAND COUNTY, PENNSYLVANIA
of the Estate of DEAN R.
UPDEGRAFF,
Plaintiff,
V.
BEVERLY ENTERPRISES -
PENNSYLVANIA, INC. d/b/a
BEVERLY HEALTHCARE -
CAMP HILL f/k/a CAMP HILL
CARE CENTER,
BEVERLY HEALTH AND
REHABILITATION SERVICES, INC.
d/b/a BEVERLY HEALTHCARE -
CAMP HILL f/k/a CAMP HILL CARE
CENTER,
BEVERLY HEALTHCARE d/b/a
BEVERLY HEALTHCARE - CAMP
HILL f/k/a CAMP HILL CARE
CENTER, and,
BEVERLY ENTERPRISES, INC. d/b/a
BEVERLY HEALTHCARE - CAMP
HILL f/k/a CAMP HILL CARE
CENTER,
the Administrator of the Estate of Dean R. Updegraff, deceased, by and through her attorneys,
-I-
Skarlatos & Zonarich LLP and Wilkes & McHugh, P.A., to file the following "Plaintiff's Reply
to Defendants' New Matter":
46. The averments contained in paragraphs 1 through 45 of Plaintiff's Second
Amended Complaint are hereby incorporated as if fully set forth herein.
47. Denied. This paragraph states conclusions of law to which no further responses
are necessary or appropriate. Accordingly, said paragraph is denied and strict proof thereof, if
admissible, is demanded at time of trial. To the extent that responses are deemed necessary or
appropriate, this paragraph is denied generally in accordance with Pa.R.C.P. 1029(e). In further
response, Plaintiff incorporates herein by reference each and every paragraph of her Second
Amended Complaint as if the same were more fully set forth herein.
48. Denied. This paragraph states conclusions of law to which no further responses
are necessary or appropriate. Accordingly, said paragraph is denied and strict proof thereof, if
admissible, is demanded at time of trial. To the extent that responses are deemed necessary or
appropriate, this paragraph is denied generally in accordance with Pa.R.C.P. 1029(e). In further
response, Plaintiff incorporates herein by reference each and every paragraph of her Second
Amended Complaint as if the same were more fully set forth herein.
49. Denied. This paragraph states conclusions of law to which no further responses
are necessary or appropriate. Accordingly, said paragraph is denied and strict proof thereof, if
admissible, is demanded at time of trial. To the extent that responses are deemed necessary or
appropriate, this paragraph is denied generally in accordance with Pa.R.C.P. 1029(e). In further
response, Plaintiff incorporates herein by reference each and every paragraph of her Second
Amended Complaint as if the same were more fully set forth herein.
-2-
50. Denied. This paragraph states conclusions of law to which no further responses
are necessary or appropriate. Accordingly, said paragraph is denied and strict proof thereof, if
admissible, is demanded at time of trial. To the extent that responses are deemed necessary or
appropriate, this paragraph is denied generally in accordance with Pa.R.C.P. 1029(e). In further
response, Plaintiff incorporates herein by reference each and every paragraph of her Second
Amended Complaint as if the same were more fully set forth herein.
51. Denied. This paragraph states conclusions of law to which no further responses
are necessary or appropriate. Accordingly, said paragraph is denied and strict proof thereof, if
admissible, is demanded at time of trial. To the extent that responses are deemed necessary or
appropriate, this paragraph is denied generally in accordance with Pa.R.C.P. 1029(e). In further
response, Plaintiff incorporates herein by reference each and every paragraph of her Second
Amended Complaint as if the same were more fully set forth herein.
52. Denied. This paragraph states conclusions of law to which no further responses
are necessary or appropriate. Accordingly, said paragraph is denied and strict proof thereof, if
admissible, is demanded at time of trial. To the extent that responses are deemed necessary or
appropriate, this paragraph is denied generally in accordance with Pa.R.C.P. 1029(e). In further
response, Plaintiff incorporates herein by reference each and every paragraph of her Second
Amended Complaint as if the same were more fully set forth herein.
53. Denied. This paragraph states conclusions of law to which no further responses
are necessary or appropriate. Accordingly, said paragraph is denied and strict proof thereof, if
admissible, is demanded at time of trial. To the extent that responses are deemed necessary or
appropriate, this paragraph is denied generally in accordance with Pa.R.C.P. 1029(e). In further
-3-
response, Plaintiff incorporates herein by reference each and every paragraph of her Second
Amended Complaint as if the same were more fully set forth herein.
54. Denied. This paragraph states conclusions of law to which no further responses
are necessary or appropriate. Accordingly, said paragraph is denied and strict proof thereof, if
admissible, is demanded at time of trial. To the extent that responses are deemed necessary or
appropriate, this paragraph is denied generally in accordance with Pa.R.C.P. 1029(e). In further
response, Plaintiff incorporates herein by reference each and every paragraph of her Second
Amended Complaint as if the same were more fully set forth herein.
55. Denied. This paragraph states conclusions of law to which no further responses
are necessary or appropriate. Accordingly, said paragraph is denied and strict proof thereof, if
admissible, is demanded at time of trial. To the extent that responses are deemed necessary or
appropriate, this paragraph is denied generally in accordance with Pa.R.C.P. 1029(e). In further
response, Plaintiff incorporates herein by reference each and every paragraph of her Second
Amended Complaint as if the same were more fully set forth herein.
56. Denied. This paragraph states conclusions of law to which no further responses
are necessary or appropriate. Accordingly, said paragraph is denied and strict proof thereof, if
admissible, is demanded at time of trial. To the extent that responses are deemed necessary or
appropriate, this paragraph is denied generally in accordance with Pa.R.C.P. 1029(e). In further
response, Plaintiff incorporates herein by reference each and every paragraph of her Second
Amended Complaint as if the same were more fully set forth herein.
57. Denied. This paragraph states conclusions of law to which no further responses
are necessary or appropriate. Accordingly, said paragraph is denied and strict proof thereof, if
admissible, is demanded at time of trial. To the extent that responses are deemed necessary or
-4-
appropriate, this paragraph is denied generally in accordance with Pa.R.C.P. 1029(e). In further
response, Plaintiff incorporates herein by reference each and every paragraph of her Second
Amended Complaint as if the same were more fully set forth herein.
58. Denied. This paragraph states conclusions of law to which no further responses
are necessary or appropriate. Accordingly, said paragraph is denied and strict proof thereof, if
admissible, is demanded at time of trial. To the extent that responses are deemed necessary or
appropriate, this paragraph is denied generally in accordance with Pa.R.C.P. 1029(e). In further
response, Plaintiff incorporates herein by reference each and every paragraph of her Second
Amended Complaint as if the same were more fully set forth herein.
WHEREFORE, Plaintiff Elizabeth R. Updegraff, individually, and as the Administrator
of the Estate of Dean R. Updegraff, requests that Defendants' New Matter be dismissed and that
Plaintiff be awarded a sum in excess of the limits of mandatory arbitration in Cumberland
County, Pennsylvania, together with lawful interest thereon, delay damages, costs of suit and any
other relief that the court may deem necessary or appropriate.
Respectfully submitted,
SKARLATOS & ZONARICH LLP
John R. Zonarich, Esquire
John B. Zonarich, Esquire
17 South Second Street, 6th Floor
Harrisburg, Pennsylvania 17101
(717) 233-1000 Telephone
(717) 233 6740 Facsimile
jrz@skarlatoszonarich.com
jbz@skarlatoszonarich.com
--and--
WILKES & McHUGH, P.A.
Ruben J. Krisztal, Esquire
1650 Market Street, Suite 3175
Philadelphia, PA 19103
(215) 972-0811 Telephone
(813) 286-8820 Facsimile
-5-
Dated: September, 2008
-6-
for,
J. Krisztal,
202716
CERTIFICATE OF SERVICE
I, Ruben J. Krisztal, Esquire, certify that I this day served a copy of PLAINTIFF'S REPLY TO
DEFENDANTS' NEW MATTER upon the person(s) indicated below via regular, U.S. Mail, postage
prepaid at Philadelphia, Pennsylvania, and addressed as follows:
John G. Wall, Esquire
Steven R. Chadwick, Esquire
BURNS, WHITE & HICKTON
Four Northshore Center
106 Isabella Street
Pittsburgh, PA 15212
(Attorneys for defendants)
John B. Zonarich, Esquire
SKARLATOS & ZONARICH LLP
17 South Second Street, 6'h Floor
Hi
Dated: September,`-, 2008
VERIFICATION
Subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unworn
falsification to authorities, I, Ruben J. Krisztal, Esquire, declare that I am the attorney for
Plaintiff; that I am authorized to make this verification on her behalf; and that I submit
this verification based upon my knowledge and information which I believe to be true
and correct.
Dated: September, 2008
4
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ri
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