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Home My WebLink About08-4179COMMONWEALTH Of PENINSXLMAANIAA COURT OF COMMON PLEAS s" JUDICIAL DISTRICT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from Ilya iLdgerrr nt rv is or=( by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MpG DIST ,O OR NAME OF DJ. Discover Bank --- `.?-3 - ADDRESS OF APPELLANT CITY M CE ZIP CODE c/o Stock & (3i.mes, LLP 804 West Avenue Jenkintown, PA_ 19046 DATE OF JUDGEMENT IN THE CASE OF lPtoiMLF) 4A4endanr) 6/16/08 Discover Bank vs L_zIbtty CLAIM NO. SIGNATURE OF APPELLANT FI1 /?'?lbRN l FAR ?C:NT CV 183-08 Edward S k is 3 7 LTt This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. aPpz'- a"1S'I ;#INT (see Pa. R.C.P.J.P. No. 1008B. 1001 (E) in a1i,,rn before District Judge, he MUST This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. FILE A COV170111V it w1hin twenty (20) days after Signature of Prothonotary or Deputy filing his NOTICE of AOPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RIJ LIc X111 FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7,1 in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. appelle.(s), ix) file a complaint in this appeal Name of appelleefs) ) within twenty (20) days after service of rule or suffer ent of judgement of non pros. RULE: To , appellee(s)- Name of appelleefs) }?'!?''T!'!?'ir? of t'?1!?"?"'t'1". F 2C 'W DIST11:11:1' .I U S7111 J I J I t6i NENT COMMOI%- sLu!;No (-, 4, 7 0/ GrJ? l TC?r11 SxA'raiure of appellant or fris attomey or agent (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twerty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: AOPC 312-90 Sgnature of Proeronotary or Deputy COURT FILE TO BE FILED WITH PROTHONOTARY PROOF )F SF:-,? ? IL F O F APPL,,L AND t'' . MR," N r" z .. ,-s cA' -. ..? n o Y" r?:= £ tt. '0 (,Atp {,,,?`, iC'j L.'rA t/S ,A{-'t'?"', 1 fill -?." iJL `. t':"_ COMMONWEALTH OF PENNSYLVANNI`. COUNTY ss AFFIDAVIT: I (,erehy swear or affirm that I served o copy ?)' the Notice of Appeal Common Pleas No UpOn i' rDistrict _ ust desrr,? a led; 'Ceglbfer' _. u} 3ECEL`.Cla .:seti,t;e - e r s Erii?' receipt attadic,d hereto zno upon the appellee, (narna) ___ Dy personai service by (certified) (registered) mail, senders receipt aitu_ ar d further thy., I served ale? Rule to Piie a Complaint accompanying the above Notice of Appeai tpe. the aupplk the Rule was addressees o l by tpersunat service ??v (ce?iirrd a -, mail. sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY C'= &ionature of official before wl;orn affidavit was made Signature of afriaf Titre of offini?;i My commission expires on r-4 era C= n -n -OT-, M {T c- C= \n? U3 s ? 'l'S v a C N M 1 CO IM COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT CUUNTY OF' CD)!iH$:11KLAhiD 'CIVIL CASE PLAINTIFF: i NAME and ADDRESS' !bISCOVNR? BANK'4 7 ASS ' .. 804> WE it 'C/O STOCK GRIMES, LLP 2XNK,INTO`WN,, PA 19046 ' J VS. DEFENDANT: } NAME and ADDRESS l-TOTTY, ' r KARYX -L .; 6325 C?BE$T$RFI$LD I&ANS IMCKAMCOBURGf PA 170S0=2821 DISCOVER `81l?I L J 804 WEST AVM= Docket No.: CV-0000183-08 C/O STOCK & GRIMES, LLP Date Filed: 3/14/08 JENKINTOWN, PA 19046 THIS IS TO NOTIFY YOU THAT: DEFFIIDAT ,judgment: - - FO$.- _ - - ---- . - (Date. of Judgment) 6/16/_08 ® Judgment was entered for: (Name) TOTTY, KARYN L. ® Judgment was entered against: (Name) DISCOVER SANK in the amount of $ • 0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ .00 Judgment Costs $ Interest on Judgment $ • 00 Attorney Fees $ : " Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. h - Date , Magisterial District Judge I certi that this i correct copy t e rec dings containing the judgment. 2 is ""Date Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-07 nam,R PIPTirrin. a/ig/na I-AJ.nn nv STOCK & GRTMES,.LLp BY: Edward Stock, Esquire I.D.¢# 13657 804 Nest Avenue. Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT. DFS SERVICES, LLC COURT OF COMMON PLEAS P.O. Box 7112 CUMBERLAND COUNTY Dover, DE 19903 CIVIL ACTION-LAW Plaintiff Vs. KARYN L. TOTrY 6325 Chesterfield Lane Mechanicsburg, PA 17050-2821 Defendant(s) N0. CIVIL AMCN "NOTICE" "You have been sued in court. If you wish to'defend against the claims set forth in the fol- lowing pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appdarance person- ally 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. "AVISO" "Le han demandado a usted en la torte. Si usted quiere defenderse' de estas demandas ex- puestas en las paginas siguientes, usted.tiene veinte (20) di as de piazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado 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. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla 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 ABO- GADO INMEDIATAMENTE. SI NO TIENE ABO-. GADO O SI NOTIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PER- SONA 0 LLAME POR TEL.EFONO A LA OFI- CINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO 4RA. AVERIGUAR DONDE SE PUEDE CONSE I'm ASISTENCI, LEGAL. LAWYER REFERENCE SERVICES Court Administrator -- Cumberland County Courthouse 4th Floor, One Courthouse Square Carlisle, PA 17013 (717) 240-6200. STOCK & GRIMES, LLP BY: EDWARD STOCK, ESQUIRE I.D. #13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DFS SERVICES, LLC P.O. Box 7112 Dover, DE 19903 Plaintiff vs. KARYN L. TOTTY 6325 Chesterfield Lane Mechanicsburg, PA 17050-2821 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. 0?-- `l ) 7 ? Giu(I 4-cfv. CIVIL ACTION COMPLAINT IN ASSUMPSIT 1. Plaintiff, Discover Bank, issuer of Discover Card, by its agent DFS Services, LLC, 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), Karyn L. Totty, 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. Thereafter, the Defendant(s) utilized the said credit card on various and sundry occasions. 5. Plaintiff attaches hereto as Exhibit "A" 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 "B" 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. 6. The present outstanding balance which is due on the account(s) is $4,583.64; and, although repeated requests and demands have been made upon the Defendant(s) to satisfy the same in accordance with the terms and conditions of the credit card agreement(s), the Defendant(s) has/have and still refuse(s) to pay the same. 7. As a further result of Defendant(s) breach of the agreement for repayment of the account balance, Plaintiff is entitled to reasonable attorney collection fees. 8. Plaintiff's investigation has determined that the Defendant is not in the military service. 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 DFS Services, LLC, demands Judgment against the Defendant(s), Karyn L. Totty, in the sum amount of $5,729.55(principal sum of $4,583.64 and attorneys fees of $1,145.91) with interest and costs. DATE : / EDWARD STOC , VERIFICATION The undersigned, EDWARD STOCK, ESQUIRE, hereby states that he is the attorney for the Plaintiff who is located outside this jurisdiction and in order to file the within document in an expedient and timely manner, he is authorized to take this Verification on behalf of the said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, based upon information provided to him by the Plaintiff. A Verification signed by the Plaintiff will be provided to Defendant or counsel for Defendant upon request. The undersigned understands that false statements herein are made subject to the penalties of 18 P.A.C.S.A. § 4904, relating to unsworn falsification to authorities. EDWAMD' STO , Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUL-10-2008 07:56:19 Last Name First/Middle Begin Date Active Duty Status Service/Agency TOTTY Karyn L Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly 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 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 is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/fM./pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/10/2008 EXHIBIT "A" r INOW oaiance DISCOVER $0.00 Minimum raymem vue ($90400 HCGOunr IVumoer enatng in J7J 1 Enter Amount Enclosed.Bolow, CARD Payment Due Date $ January 30, 2008 i 31 3DSWA01 0006340 KARYN TATTY Know what's on your statement-before you 6325 CHf:STERFIELD LN even get it. Keep track online with daily updates and up to 12 months of history. Visit MECHANICSBURG PA 17050-2821 Discovercord.com/register PO BOX 15251 IllrrBill rrrrllpage llrllrrI WILMINGTON DE 19886-5251 ilddre33, e-mail or telephone change? Print change in spaCe It III IIII rill rill rrl rrl l r rrl r lrirl r IIII lrr rrl l r ltl rrr r III rlrrl above, or go to Discovercard.com. Print your e-mail address to rsceive important Account information and special offers. 000006011002929303931000000000000000090400 Discover More Card Account Summary Closing Date: December 31, 2007 page 1 of 1 /account number ending in 3931 Previous Balance $4,583.64 Foyment Due Date January 30, 2008 Payments And Credits 4,583.64 Minimum Payment Due $904.00 Purchases + 0.00 Credit Limit $3,600.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $1,800.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance = $0.00 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Lashback Bonus®_Anniversary---------------------- - Available to Redeem $ - - - - 0.00 Date: April 10 How Can We Help You? For Account Inquiries, writs to us at. Phase have your Discover Card available. Discover More Card, PO Box 309,43 Salt Lake City, UT 84130 Manage your account online at DiscoverCard.carrr TDD (Telecommunications Device for the Deaf): Customer Service: 1.800-DISCOVER (1.800.347-2683) For assistance, see reverse side. Transactions $0 Fraud liability Guarantee Use your Discover Card with confidence. Trans. Post Dare Date Payments and Credits Dec 31 Dec 31 INTERNAL CHARGE-OFF $ 4,583.64 Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 21 days Purchases $0 0.07942% 28.99% F 28.99% $0 none Past Purchases $0 0.07942% 28.99% F 28.99% $0 none Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) 03 noted above. EXHIBIT "B" ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER (S): STATE OF OHIO COUNTY OF FRANKLIN STOCK 6011002929303931 $4583.64 KARYN L TOTTY C] Michelle Kern, personally appeared before me, this day and after being duly sworn, according to law, upon his/her oath and says: I am a Legal Placement Account Manager for DFS SERVICES LLC., the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Bank. THAT this affidavit is made on the basis of my personal knowledge and in support of Plaintiff's suit on account against the Debtor(s) THAT, in my capacity as Legal Placement Account Manager, I have control over and access to records regarding the Discover Card Account of the above referenced Debtor(s), further, that I have personally inspected said Account and statements regarding the balance due on said account. DFS SERVICES, LLC. maintains these records in the ordinary course of business. THAT the annexed statement of account is a true and correct statement of what is now due and owing Discover Bank on the account, and exhibit A is a copy of the Cardmember Agreement between Discover Bank and the above referenced Debtor(s). The Cardmember Agreement governs the terms and conditions of the relationship between Discover Bank and the Debtor(s) in connection with the account. Based on my review of the account records, to the best of my knowledge and belief the above referenced Debtor(s) 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. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Sworn and Subscribed before me, This day of Thursday, February 07, 2008. N AR Affiant Is Itself,,4 7 t Y P !,r KRIS LMOSA Notary R bk State of Ohio My Co? E)ires April 25, 2010 C7 C c C? l?D --C ti ,,. , .. 'ROOF OF SERVICE OF NO" ICE F APPEAL Ali: E T FILE 1 ?. A! NT This olo r of se, vi(-? t4US S 171L D VV !T/-1;/V` TEN (V?) DA`: S AF71 the lo w ? t)f"=ice) e:_!_ `f???(,A r=c??J,w?? COMMONWEALTH OF PENNSYLVA1144A, MONTGOMERY COUNTY OF AFFIDAVIT: i heretiy swear or affirm that i served 08-4179 Civil '? _ a copy of the RFoticjuA al, on Pleas No. u e District. is'ice drsi nated therein o `?ypl,?' (date of service) by persona! 4WHCijy? V [CE trfl? 11 iTBI?$St@IGd) mail, Ser1Ct61 i Klaityn L. O rece t attached h reto. and upon the appellee (!tart"i8; Ju?y 17, 2008 by personal service _i by 4certified) (registered) mail, sender's receirt attached hereto} and further that 1 SE,rved the Mule to Fiie a Complaint accompanying tiie above Notice of Appea= apcn the appelieersi to whw' the Rule was addressed or by personal senr ce ny {certified) (registered ; +?: mail, sender's receipt attached hereto. SWORNI(AFFIRMED) AND SUBSCRIBED BEFORE ME ?- 77 y T141S A F 2008 ?j 19 ature of o fic;ai befo whom ztf{1avit was made Signature of afflaftf NOTARY PUBLIC Title of official My commission expires on ',-t'?, :'4'C,. i JUDlcuu IMMICT DISU AC t A,4410- OGMENT COMMON K E Z"S NY - NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal fr.. <-, : gyred by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT Dliscove-r ADDRESS OF APPELLANT CITY C/o StoC ' ?3,rui[ea 0 ?u s 304. =a w? AV '-11 t, c- DATE OF JUDGEMENT JITHE CASE OF (Plaintiff( < r,1fjrj )3 ^C°C7LF?l' ',I z VS. 0 «k NAME OF DJ. Pekndon# ZIP CODE CLAIM NO. `, SIGNATURE OF APPELLANT OR?HIS ATTORNEY OR AGENT C r ? ? F fir F T`? ^3?LT If appLhffft=-*VC-s-tE+64#MNT (see Pa. R.C.P.J.P. No. This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 1008B. 1001 (6) in action before District Judge, he MUST This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary or Deputy filing his NOTICE of APPEAL. PRAECIPE TO EU R E CANT AND RULE TO FILE (This section of form to be used ONLY when appeNant was DE#'ENVANT (see Pa. H.C. P.J. P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of.appeal to be served upon appellee). PRAKIPEt To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal (Common Pleas No Name of oppellee(s) ) within twenty (201 days after service of rule or suffer entry of judgement of non pros. Sgrtsture of appeftnt or Ms attorney or agent RULE: To appellee(s)- Name of appeUee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dote of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of moiling. Date: t sow*" of Pro tonewy or Deputy AOPC 312-90 u# 1 k44' ``4 }`:9 4 iY4 k«k.y 9y1?$,Y +*t t'}"t IVY" i t 5 s t Yr?'1 t`4?! >)?'# 1 9 tsi''? a 1 : t 9 M Y 4 3 1;? 9 }'s : y p ti 0 Ln ti °I!t;n AMJU!Jd ,o'MIBW WBIO-P d 48M peulgwoo eq ).-INO Aew lien pelll>,eo ¦ :awu/wab;uajOdw/ smb and jo; SOWeS IMSOd etp Aq;de)l AJONIep W PJOOW V • sosOmw jnoA jO; jegpuepl enblun V r PS Forth 3800, June 2002 (Reverse) ;dleoei Builiew V ¦ :SOPIAO)d 118W P8II!U83 A (EndorsLIMO n Hequffwi Q Total Postage & Fees -0 C3 171- ' J ..?-. . July 16, 2008 Hon. Thomas A. Placey District Court 09-3-04 104 S. Sporting Hill Road Mechanicsburg, PA 17050 Ms. Karyn L. Totty 6325 Chesterfield Lane Mechanicsburg, PA 17050-2821 Re: Discover Bank vs. Karyn L. Totty District Court 09-3-04 No. CV-183-08 Court of Common Pleas Cumberland County No. 08-4179 Civil Term Dear Ms. Totty: On behalf of the plaintiff, Discover Bank, enclosed please find a true and correct copy of a Notice of Appeal, the original of which was filed with the Court of Common Pleas of Cumberland County on July 14, 2008 in regard to the above matter. Please be guided accordingly. Very truly yours, EDWARD STOCK ES:kd Enclosure CERTIFIED MAIL, RRR 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. July 16, 2008 Hon. Thomas A. Placey District Court 09-3-04 104 S. Sporting Hill Road Mechanicsburg, PA 17050 Ms. Karyn L. Totty 6325 Chesterfield Lane Mechanicsburg, PA 17050-2821 Re: Discover Bank vs. Karyn L. Totty District Court 09-3-04 No. CV-183-08 Court of Common Pleas Cumberland County No. 08-4179 Civil Term Dear Judge Placey: On behalf of the plaintiff, Discover Bank, enclosed please find a true and correct copy of a Notice of Appeal, the original of which was filed with the Court of Common Pleas of Cumberland County on July 14, 2008 in regard to the above matter. Please be guided accordingly. Very truly yours, EDWARD STOCK ES:kd Enclosure CERTIFIED MAIL, RRR 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. STOCK & GRIMES, LLP BY: Edward Stock, Esquire I.D.#13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DFS SERVICES, LLC P.O. Box 7112 Dover, DE 19903 Plaintiff VS. KARYN L. TOTTY 6325 Chesterfield Lane Mechanicsburg, PA 17050-2821 Defendant (s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 08-4179 Civil Term 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 DFS Services, LLC, and against the Defendant(s), Karyn L. Totty, for failure to Answer the Civil Action Complaint. Assess Plaintiff's damages in the sum of $5,729.55 in accordance with the prayer of the Complaint. DATE : 1-/b- AFFIDAVIT OF NON MILITARY SERVICE 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, Karyn L. Totty, is an adult individual and resides at 6325 Chesterfield Lane, Mechanicsburg, PA 17050-2821. (c) That Defendant, , is an adult individual and resides at 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. l \ DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DFS SERVICES, LLC Plaintiff VS. KARYN L. TOTTY Defendant(s) COURT OF COMMON PLEAS LUZERNE COUNTY CIVIL ACTION-LAW NO. 14718-07 CERTIFICATION UNDER PA. R.C.P. 237.1 EDWARD STOCK, ESQUIRE, Attorney for Plaintiff, Discover Bank, Issuer of Discover Card, by its agent DFS Services, LLC, certifies that he sent a copy of the attached Notice on August 8, 2008 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 First Class Mail as indicated by the Certificate of Service filed with the court. DATE EDWAATT S ESQUIRE DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DFS SERVICES, LLC Plaintiff vs. KARYN L. TOTTY Defendant(s) TO: Karyn L. Totty 6325 Chesterfield Lane Mechanicsburg, PA 17050-2821 Date: August 8, 2008 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 08-4179 Civil Term 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 (10) DAYS FROM THE DATE 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 ABOUT AGENCIES THAT MAY OFFER w f . r LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICES COURT ADMINISTRATOR-CUMBERLAND COUNTY COURTHOUSE 4m FLOOR, ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-620 EDWARD STOCK, ESQUIRE Attorney for Plaintiff 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 JG ? "Q Vl ? ?s c> G `? ? cn C -G ` '3.w .? __ w STOCK & GRIMES, LLP BY: Edward Stock, Esquire I.D.#13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DFS SERVICES, LLC Plaintiff VS. KARYN L. TOTTY 6325 Chesterfield Lane Mechanicsburg, PA 17050-2821 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. 08-4179 Civil Term N o w ? N CERTIFICATION OF SERVICE - C:? Edward Stock, Esquire, Attorney for the Plaintiff herein, certifies that on July 17, 2008 he mailed to the Defendant, Karyn L. Totty, a true and correct copy of the Civil Action Complaint filed herein, as per the attached letter, by posting the same with the United States Post Office, First Class Mail, postage prepaid, to the Defendant at the address designated in the attached Exhibit. 1 DATE: -EDWARD STO , July 17, 2008 Ms. Karyn L. Totty 6325 Chesterfield Lane Mechanicsburg, PA 17050-2821 Re: Discover Bank, Issuer of Discover Card, by its agent DFS Services, LLC vs. Karyn L. Totty No. 08-4179 Civil Term Dear Ms. Totty: Enclosed please find a true and correct copy of a Civil Action Complaint, the original of which was filed in regard to this case with the court on July 14, 2008. Please be guided accordingly. Very truly yours, EDWARD STOCK ES:kd Enclosure 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. M33 r% 30 AM I�-: UMBERLAHO CCU IN THE UNITED STATES BANKRUPTCY COURfENNSYLVANIA FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 7 KARYN LYNN TOTTY Debtor KARYN LYNN TOTTY Movant v. DISCOVER BANK Respondent . CASE NO. 1:13 -bk -05943 ORDER CERTIFIED F THE RECORD this , 20 UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under Section 522(0 of the Bankruptcy Code , it is hereby ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is granted, to wit, the judgment of DISCOVER BANK in the approximate amount of $5,729.55 entered in Cumberland County at docket number # 08 -4179 be and hereby is avoided; it is further ORDERED AND DECREED that a certified copy of this Order may be filed with the Prothonotary of Cumberland County and the Prothonotary is directed to terminate the judgment in the judgment indices. /1A 3 0 Dated: December 16, 2013 By the Court, Case 1:13 -bk- 05943 -MDF Doc 13 Filed 12/16/13 Entered 12/16/13 13:00:00 Desc Main Document Page 1 of 1