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Home My WebLink About01-05220Our File No. 138951 ° ATTORNEYS FOR PLAINTIFF ERIC M. BERMAN, P.C. BY: Eric M. Berman, Esquire, I.D. 83698 BY: Ron Z. Opher, Esquire, I.D. 57507 198 Allendale Road, Suite 306 King of Prussia, PA 19406 (610) 265-7720 -----------------------------------------X DISCOVER BANK c/o ERIC M. BERMAN, P.C, 198 Allendale Road, Suite 306 King of Prussia, PA 19406 vs. RICHARD P CUMMINGS -----------------------------------------X NOTICE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND TRIAL DIVISION CIVIL ACTION Term 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 this complaint or for any other claim or relief required 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 OR FIND OUT WHERE YOU CAN GET LEGAL HELP. AVISO Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notification. Hate falta asentar una comparencia escrita o en persona o con un abagado y entregar a la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. A demas la la cox'te puede decidir a favor del demandante y requiere que usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI NO TIENE ABOGA O SO NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE, COUNTY OF CUMBERLAND BAR ASSOCIATION Address: 2 LIBERTY AVE., CARLISLE, PA 17013 Tel.: 800-990-9108 Our File No. 138951 ATTORNEYS FOR PLAINTIFF ERIC M. BERMAN, P.C. BY: Eric M. Berman, Esquire, I.D. 83698 BY: Ron Z. Opher, Esquire, I.D. 57505 198 ALLENDALE ROAD, SUITE 306 KING OF PRUSSIA, PA 19406 (610) 265-7720 -----------------------------------------X DISCOVER BANK c/o ERIC M. BERMAN, P.C. 198 Allendale Road, Suite 306 King of Prussia, PA 19406 vs. RICHARD P CUNNINGS ---------------------------------------------X COMPLAINT COURT OF COMMON PLEAS COUNTY OF CUMBERLAND CIVIL ACTION Term 1. Plaintiff, DISCOVER BANK , is a DELAWARE BUSINESS TRUST licensed to do business in the Commonwealth of Pennsylvania with its place of business at P.O. BOX 8003, HILLIARD, OH 43026. 2. The Defendant(s), RICHARD P CUNNINGS , resides at 616 N 2ND ST WORMLEYSBURG, PA 17043-1002. 3. There is due from the Defendant(s) the sum of $3,621.19 for credit extended by Plaintiff to Defendant(s), acct. no. 6011002370190944, and which such credit was drawn and used by the Defendant(s). Defendant(s) is in default for failure to make payments for such use. 4. The Plaintiff has made demand upon the Defendant(s) for payment of monies in the sum of $3,621.19 advanced to Defendant(s) through Defendant(s) use of the above-referenced credit account, but Defendant(s) has failed and refused to pay the said sum or any part thereof. 5. All applicable credits, if any, have been duly applied to Defendant(s) credit account. WHEREFORE, Plaintiff claims of the Defendant(s) the sum of $3,621.19 plus interest, attorneys fees and costs which are justly due and owing from the Defendant(s) to the Plaintiff. Dated: JUNE 06, 2001 SPACE-AQ ERIC M. BE1~.PQAN, P.C. BYgy._ ~~~ ERIC M. BERMAN, ESQUIRE $X : /~/ v ~XJ RON Z. OPHER, Esquire Attorneys for Plaintiff VERIFICATION RON Z. OPHER, ESQUIRE, being duly sworn according to law, deposes and says that he is of Counsel to the Law Firm of Eric M. Berman, P.C., andJor ERIC M. BERMAN, ESQUIRE, being duly sworn according to law, deposes and says that he is the Principal attorney of Eric M. Berman, P.C., attorneys for the Plaintiff, and as said attorney, he is authorized to take this verification on its behalf, and that the facts in the Complaint as set forth therein are true and correct to the best of his knowledge, information and belief. I verify that the statements made in the within instrument are true and correct. I understand that false statements are subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsifications to authorities. ERIC M. BERMAN, ESQUIRE ~ C.~-~'~ RON Z. OPHER, ESQUIRE Dated: JUNE 06, 2001 SPACE-AQ ~,:. ATTORNEY: BERMAN 6011002370190944 BALANCE: CARDMEMBER(S): STATE OF OHIO COUNTY OF FRANKIN $3621.19 RICHARD P CUMMINGS CAL. G. Rogers, personally appeared before me, this day and after being duly sworn, according to law, upon her oath and says: THIS person is a Legal Placement Account Manager for DISCOVER FINANCIAL SERVICES INC.,the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Bank. THAT, in their capacity as Legal Placement Account Manager, Affiant has control over and access to 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 the policies and procedures of DISCOVER BANK and it's servicing agent, DISCOVER FINANCIAL SERVICES, INC. are in accordance with applicable federal and state consumer and credit laws. 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 Affiant's knowledge and belief the defendant is employed in civilan 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. Beth A. Oakley NOTARY PUBLIC, STATE OF OHIO MY COMMISSION EXPIRES 02-15-05 Affiant BETH A. OAKLEY Notary Public In and for the State of Ohio My Commission Expires Feb. 15, 2005 ~~a~- ~ Sworn and Subscribed before me this 6TH day of NOVEMBER, 2000 ~4S9k#fa`b.~t~iN4VPk.mtrVw aava~*'1~. r i ....z- .~. ~~~~ ~`--~'b%~i~f: Bn91!tek~A~AIM x+ ._ _ 'T ~y. ` ~.~ __ . O ~_ `_ ,\ ~ ~ ) J4_ ((( { it ~ ~ ~ _ ~ ` ~ w Q C ~ ~ ~ ~ ~ ~ c ., r "~ ' ~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-05220 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS CUNNINGS RICHARD P JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOT was served upon CUNNINGS RICHARD P the DEFENDANT at 1905:00 HOURS, on the 13th day of September, 2001 at 616 NORTH 2ND ST WORMLEYSBURG, PA 17043 by handing to DEBRA WYSINCAVAGE GIRLFRIEND 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 10.40 Affidavit .00 Surcharge 10.00 nn J{J.2V Sworn and Subscribed to before tc me ~thi~s / 5 '~ day of Pro honoy ' So Answers: R. Thomas Kline 09/17/2001 ERIC BERMAN By: p ty Sl riff Ron Z. Opher, Esquire Eric M. Berman, P.C. Attorney for Plaintiff Attorney#57507 198 Allendale Rd., Suite 306 King of Prussia, PA 19406 (610) 265-7720 DISCOVER BANK Plaintiff CIVIL ACTION -LAW v. RICHARD P. CUMMINGS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 01-5220 PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, DISCOVER BANK against Defendant, RICHARD P. CUMMINGS, pursuant to the attached Stipulation of Settlement. Assess damages as follows: Debt 3621.19 TOTAL $3621.19 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. ~_ Ron Z. Opher, Esquire ID #57507 Attorney for Plaintiff AND NOW ~`~t~f a~ , 20 Q~ ,Judgment is entered in favor of DISCOVER BANK, against fendant, RICHARD P. CUMMINGS by Stipulation, and damages assessed at the sum of Three Thousand Six Hundred Twenty-One Dollars and Nineteen Cents ($3621.19), as per the above certification. Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COUTRHOUSE 1 Courthouse Square Carlisle, PA 17013 TO: RICHARD P. CUMMINGS 616N2ndSt, Wormleysburg, PA 17043-1002 DISCOVER BANK : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PA Plaintiff CIVIL ACTION -LAW v. RICHARD P. CUMMINGS NO. 01-5220 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. (~~.. Imo- oC- Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL RON Z. OPHER, ESQUIRE, at 610-265-7720. DISCOVER BANK : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PA Plaintiff v. CIVIL ACTION -LAW RICHARD P. CUMMINGS NO. 01-5220 Defendant CERTIFICATION OF ADDRESSES AND AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS I, Ron Z. Opher, Esquire, being duly sworn according to law, depose and say that I am the attorney for Plaintiff and I am authorized to make this affidavit on Plaintiffs behalf. I hereby certify that the address of the Plaintiff is c/o Eric M. Berman, P.C., 198 Allendale Rd., Suite 306, King of Prussia, PA 19406. Defendant's address is 616 N 2nd St, Wormleysburg, PA 17043-1002. In addition, Defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 or the amendments thereto. I verify that the statements made in the foregoing certification and affidavit are true and correct to the best of my knowledge, information and belief; and I understand that the statements in said certification and affidavit are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: January 18, 2002 BY: Ron Z. Opher, Esquire for Eric M. Berman, P.C. ~ ~ d C ~ ~ r., -*, v ~ `,~ ~ ~ ~ N om ' Y - C ~ "~ =~_ _._. ~ > = T ~ ~ rf; C J ti4! ~~ ,r 1 Ron Z. Opher, Esquire Eric M. Berman, P.C. Attorney for Plaintiff Attorney#57507 198 Allendale Rd., Suite 306 King of Prussia, PA 19406 (610) 265-7720 DISCOVER BANK : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PA Plaintiff CIVIL ACTION -LAW v. RICHARD P. CUMMING5 Defendant NO. 01-5220 The parties; by and through their ~ have agreed to a settlement of the RICHARD P. CUMMINGS agrees signed representatives, do hereby stipulate that they e-captioned matter, as follows: Defendant Plaintiff may enter judgment against Defendant for the full measure of damages sought against Defendant in the Complaint, but must refrain from execution as long as Defendant pays the minimum sum of $50.00 per month, beginning on December 30, 2001, and continuing on or before the 30th day of each consecutive succeeding month thereafter (28th day of February) until a total of $3621.19 is paid, together with interest on the unpaid portion of the balance at the rate of 6%o per anuum. Once the full judgment balance is paid, Plaintiff agrees to mark the Judgment entered in this case "Satisfied." DATED: / ~~I,~o~ Zo p ~ DATED: lJec~rh~- 6~ ~1 R CHARD P. MINGS Ron Z. Opher, Esqurre Defendant, pro se Attorney for Plaintiff n~ `T ~ ~_ , '4 CU ;rte -- _. n rn ~ ~ J~''C ~ ~~.3~k ~' ~ ~~ ~ L ~j ~~