HomeMy WebLinkAbout09-1025CII M MOWAIVAALYM OF PEN"WEVAMA Rh 1. __
COURT OF COMMON PLEAS
r FROM
JUDICIAL DISTRICT
r DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 6)9- j p (, t V11 1
NOTICE OF APPEAL ?i led a l9 09
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgement rendered by the District Justice on the
date and in the case mentioned below.
NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J.
Discover Bank 09-1-02
ADDRESS OF APPELLANT CITY STATE ZIP CODE
C/o Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046
DATE OF JUDGEMENT IN THE CASE OF (PlainfiAl (Defendant(
1/26/09 Discover Bank vs. Eric4/?arr
NO. SIGNATU APPELLANT OR HIS ATT EY OR
CV 405-08 is X. q
LT
This block will be signed ONLY when this notation is required under Pa. C.P.J.P. No.
1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
Signature of Prothonotary or Deputy
, #62404
If kppellant was CLAIMANT (see Pa. R.C.P.J.P. No.
1001 (6) in action before District Judge, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R. 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).
PRAECIPE: To Prothonotary
Enter rule upon
(Common Pleas No
RULE: To
Name of appellee(s)
, appellee(s).
Signature of appellant or his attorney or agent
(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 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:
Signature of Proftnotary or Deputy
AOPC 312-90
COURT FILE TO BE FILED WITH PROTHONOTARY
appellee(s), to file a complaint in this appeal
Name of appellees)
) within twenty (20) days after service of rule or suffer entry of judgement of non pros.
PROOF F SERVICE OF OTI. o , ... .
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF __?---___--- ? ----- SS
AFFIDAVIT: I hereby swear or affirm that I served
e copy of the Notice a Appeal, Common Pleas tl,J. r?esiy;?ati "
bare of setilice'
receipt attached hereto, and upon the appellee; ,t
-.-.ndets receipt attached ,
by per:ao e by 13,-
_.: anti further that ! served the Rue to File a Con -1 ? An.p,a jyinq ti Appo . upon 1i appelleeis','
the Rule'was addressed un by Personal s.tVEce E ' 1A, (certstir-
maii, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF
Signature of official before whom affidavit was made
Title of official
My commission expires on
Signature of afffar;t
Co
P COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT
COUNTY OF: CUMBERLAND CIVIL CASE
r
Mag. Dist. No.:
09-1-02
MDJ Name: Hon.
ROBERT V. MANLOVE
Address: 1901 STATE ST
CAMP HILL, PA
Telephone: (717) 761-0583
17011-0000
ATTORNEY FOR PLAINTIFF :
EDNJkRD STOCK
STOCK 6o GRIMES
804 WEST AVE
JENKINTOWN, PA 19046
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDGMENT DEF.
PLAIN-; IFF:
NAME and ADDRESS
I'
ISCOVER BANK
804 WEST AVE
C/O STOCK & GRIMES LLP
LJENXINTONN, PA 19046
J
VS.
DEFENDANT: NAME and ADDRESS
rTARR
, ERICA 7
219 HERMAN AVE
LEMOYNE, PA 17043
L J
Docket No.: CV-0000405-08
Date Filed: 11/24/08
D Defendants are jointly and severally liable.
F1 Damages will be assessed on Date & Time_ __
n This case dismissed without prejudice.
(Da-:e of Judgment) 1/26/09
T Judgment was entered for: (Name) TARR, ERICA
® Judgment was entered against: (Name) DISCOVER BANK
in the amount of $ • 00--
F1 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 $ -
Attorney Fees $ .00
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.
I
Date
L-) Zill y>'Ma i* 'al {district Judge
c
I certifY that this is a true and refit copyfof fb r oft cee ' •cogtaliia ng the judgri eht.
t-'
DateC.:., r a .? , ?-Q gisteril,.Districf Judge
•
---w_ °
.,... ?. ,.
My commission expires first Monday of January, 2012
`•.," ":TEAL
AOPC 315-07 ??? •
DATE PRINTED: 1/26/09 1:17:00 P1[ •??#'?d?*•",? ,? + y
STOCK & GRIMES,.LLP
BY: Francis X. Grimes, Esquire
I.D.# 62404
804 Nest 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.
ERICA TARR
219 Herman Avenue
Lemoyne, PA 17043
Defendant(s)
CIVIL ACTION
"NOTICE"
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. off - IOblS a-tsitl
"AVISO"
"'Le han demandado a usted en la torte. Si
-usted quiere defenderse de estas demandas ex-
puestas en las.p6ginas siguientes, usted,tiene
veinte (20) dias de plazo al partir de la fecha de
la demanda y la notificaci6n. Hace fafta asentar
una com parencia escrita o en persona o con un
abogado y entregar a la torte en forma escrita
sus defensas o sus objeciones a Ias 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 notificaci6n. Ademas, la torte
puede decidir a favor del demandante y requiere
que usted cum pla con todas las provisiones de
esta demanda. U sted puede perder dinero o sus
propiedades u otros derechos importantes para
usted.-
HAVE A LAWYER OR CANNOT AFFORD ONE, "LLEVE ESTA DEMANDA A UN ABO-
GO TO OR TELEPHONE THE OFFICE SET GADO INMEDIATAMENTE. SI NO TIENE ABC-
FORTH BELOW TO FIND OUT WHERE YOU GADO O SI NO TIENE EL DINERO SUFICIENTE.
CAN GET LEGAL HELP. DE PAGAR TAL SERVICIO, VAYA EN PER-
"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
SONA O LLAME POR TELEFONO A LA OF1-
CINA CUY A DIRECCI6N SE ENCUENTRA
ESCRITR ABAJO '4RA. AVERIGUAR DONDE .
SE PUEDE CONSE 71R ASISTENCI„ LEGAL,
LAWYER REFER?NCE SERVICES
Court zdministrator -- Cumberland County Courthouse
4th Floor, one courthouse Square
Carlisle, PA 17013
(717) 240-6200
STOCK & GRIMES, LLP
BY: Francis X. Grimes, Esquire
I.D. #62404
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.
ERICA TARR
219 Herman Avenue
Lemoyne, PA 17043
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
No. l U ;- S--C??.'
CIVIL ACTION
COMPLAINT IN ASSUMPSIT
COUNT I
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), Erica Tarr, 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. Defendant(s) last payment was processed on
January 25, 2008.
7. The present outstanding balance which is due
on the account(s) is $4,272.99; 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.
8. As a further result of Defendant(s) breach of
the agreement for repayment of the account balance,
Plaintiff may be entitled to reasonable attorney
collection fees.
9. Plaintiff's investigation has determined that
the Defendant is not in the military service.
10. 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.
Plaintiff, Discover Bank, issuer
of Discover Card, by its agent DFS Services, LLC,
demands Judgment against the Defendant(s), Erica Tarr,
in the sum amount of $5,341.24 (principal sum of
$4,272.99 and attorneys fees of $1,068.25) with
interest and costs.
COUNT II
11. Plaintiff incorporates by reference
paragraphs 1 through 10 as though detailed at length
herein.
12. Defendant(s), by his/her use of the extension
of credit, received the benefit of the extension of
credit given on the above referenced account and has
failed to make payment for the receipt of said benefit.
13. As a direct result of the receipt of the
benefit of the extension of credit given on the above
referenced account, Defendant(s) have been unjustly
enriched in the amount of $4,272.99, to Plaintiff's
detriment.
WHEREFORE, Plaintiff, Discover Bank, issuer of
Discover Card, by its agent DFS Services, LLC demands
Judgment against the Defendant(s), Erica Tarr, in the
sum of $4,272.99, with interest and costs.
DATE :
F CIS X. GRI ES, ESQUIRE
VERIFICATION
The undersigned, FRANCIS X. GRIMES, 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.
EXHIBIT "A"
IYSC-NEZ
CARD
New Balance Minimum Payment Due
$4,272.99 $4,272.99
Payment Due Date
October 14, 2008
15 SD 31, 6A01 0013288
ERICA TARR
219 HERMAN AVE
LEMOYNE PA 17043-1938
Account Number ending in OJ4 I
Enter Amount Enclosed. `Wow
Please make check payable to Discover Card.
Minimuvayment due includes a past due
amount of $902.00.
Will your payment get to us on time? Pay
your bill online and your payment can be
made to your account on the same day. Visit
Discover.com/payments today.
PO BOX 15251 Illrrrllrrrirrllrlrlrrlrrll
pa WILMINGTON DE 19886-5251
Address, e-mail or above, or go toCiscovecadcom9Print your e-mail address to I"illlrl"I"I'I"I"II'nl'liiil?lrl?li?i?ll?l?luiilllilnl
receive impo tint Account information and special offers.
000001`186458610359677042729900000000427299
Discover More Card Account Summary
Closing Date: September 15, 2008 page 1 of 1
Account number sanding in 6341 Previous Balance $4,272.99
Payment Due Date October 14, 2008 Payments And Credits 0.00
Minimum Payment Due $4,272.99 Purchases + 0.00
Credit Limit $4,600.00 Cash Advances + 0.00
Credit Available $0.00 Balance Transfers + 0.00
Cash Credit Limit $0.00 fiance Charges + 0.00
Cash Credit Available $0.00 New Balance = $4,272.99
Cashback Bonus® Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus Earned + 0.00
Coshbock Bonus Balance $ 0.00
- Cvhbock Bonus0-Amdversa -------- Available to Redeem - . - - - - - - - - - - - - - - -$ _ - - - _ _ -0.00
Date: November 15
How Can We Help You?
p 1 Visit Discover.com to pay your bill for no cost, view our
ti
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t A
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It's your choice - 3 ways to help ccoun
on, earn an
re
eem rewar
an
more
ates
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orma
2. Call 1-800-DISCOVER (347-2683) for fast, easy self-service
Please have your Discover Card available. options or to speak with a Customer Service Account Manager
for TDD (assistance for hearing impaired) we reverse side 3. Write us at Discover Card, PO Box 30943,
Salt Lake City, UT 84130
Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence.
Information For You
While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment
was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on
purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of
purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the
minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for
details.
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: 15 days
Purchases $0 0.08216% 29.99% F 29.99% $0 none
Cash Advances $0 0.08216% 29.99% F 29.99% $0 $0
previous billing period: 4 days
Purchases $0 0.08216% 29.99% F 29.99% $0 none
The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above.
EXHIBIT "B"
0 0
ATTORNEY: STOCK
ACCOUNT NUMBER: 6011002585576341
BALANCE: $4,272.99
CARDMEMBER (S): ERICA TARR
STATE OF OHIO
COUNTY OF FRANKLIN
Robert Adkins, 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 t1rue and correct to the best of my
knowledge. / 1/ Sworn and Subscribed before me, 11
This day of Tuesday, October 21, 2008.
"MIAASM00
'Request for Military Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of-2
FEB-13-2009 08:14:11
?<Last Name First/Middle Begin Date Active Duty Status Service/Agency
TARR ERICA 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.
412ut Fn.
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/faq/pis/PC09SLDR.htm]
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 2/13/2009
x.
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
,
(T#ais proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable l)oxesr`
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ss
AFFIDAVIT: I hereby swear or affirm that I servers
a copy of the Notice of Appeal, Common Pleas No. 09-1025 ClYU, ` Wthe District Justice designated therein on
(date of service) February 24, 2009 - , 17, by personal service XXby (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) on
_Fe1=k-xy-2&, , 2009 Lr-' by personal service EX by (certified) (registered) mail, sender's receipt attached hereto.
and further that 9 served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on U by personal service [! by (certified) (registered)
mail. sender's receipt attached hereto. /117
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS 24th DA F. February 2009
i
Signal r of official befo hom affidavit was made
NOTARY C
Title of official
My commission expires on
?rr+r
fed'
of affiant
%-VM lvNWtALTN Of PENNSTLVAWIA
COURT OF COM)V"-J .
JUDICIAL DISTRICT
]SWIG k OF JM?PPM
F 20M
L DISTRICT JUSTICE JUDNT
COMMON PLEAS No.
r
NOTICE OF APPEAL
Notice is given that the appellant hasJiled in the above Court of Common Pleas an appeal from the judgement rendered by the District Justice on the
date and in the case mentioned befow.
-- - - 1MAG. DIST NO. OR NAAW'OF DJ.
ADDRESS OF APPELLANT
CITY STATE ZIP CODE
C'' A ) Stock 4! Grime... , LT,P 904 'Vest -,-, zzyis '1eTl.fw
DATE OF JUDGEMEnN[T? IN THE CASE OF (Plaintiff)
1/26/09 Discove_ ' ak
CLAIM NO.
SIGNA
CV 405-08 is X. -4 40
This block will be signed ONLY when this notation is required under Pa. .C.P.J.P. No. If pellanl was CLAIMANT (see Pa. R.C.P.J.P. No.
10088.
This Notice of Appeal, when received by the District Justice, will operate as a 1001 (6) in action before District Judge, he MUST
SUPERSEDEAS to the judgliient for possession in this case. FILE A COMPLAINT within twenty (20) days after
Signature of Prothonotary or Deputy filing his NOTICE of APPEAL.
PR CIPE TO R TO FILE CO1YlPLAIW AND Inu TO FNE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. -R.C.P.J.P. Ng. 1001 (7) in action before Dfshvt Jus#ice.
IF NOT USED, detach from copy of notice of apl to be served upon appellee).
MrM?L To Prothonotary
Enter rule upon Name of appellees) appellee(s), to file a complaint in this appeal
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgement of non pros.
RULE: To
appellees)
Signature of appellant of W attorney or agent
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complainK40WWs: l wWn twaenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered ai*I
(2) If you do not file a complaint within this time, a JUDGMENT OF NON MQS W4,_$E ?N fly D AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date:
si re at Pmemnawy or PAPW
AOPC 312-90
f)! I V f 7 t Y r w 1!> I r i+ i t i> t l i 7 4 f 1> +t i ?' q t r Y
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or
February 23, 2009
Hon. Robert V. Manlove
District Court 09-1-02
1901 State Street
Camp Hill, PA 17011
Ms. Erica Tarr.
219 Herman Avenue
Lemoyne, PA 17043
Re: Discover Bank vs. Erica Tarr
District Court 09-1-02
No. CV-405-08
Court of Common Pleas
Cumberland County
No. 09-1025 Civil Term
Dear Ms. Tarr:
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 February 19, 2009 in regard to the above matter.
Please be guided accordingly.
Respectfully,
FRANCIS X. GRIMES
FXG: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.
r-o
r?
Discover Bank, Issuer of
Discover Card, by its Agent
DFS Services, LLC
P.O. Box 7112
Dover, DE 19903
Planti#f
Vs.
Erica Tarr
219 Herman Ave.
Lemoyne, PA 17043
Court of Common Pleas
Cumberland County
Civil Action-Law
No. 09-1025 Civil Term
PRE iMiN"Y QB___J?(s', QN TO COMPLAINT
AND NOW COMES the Defendant and files the Within Preliminary Objection.
Count I
1. D MURRER.- The Complaint, as written, does not state a cause of action against
the Defendant.
2. MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY IN A MaMLC
The Complaint, as stated, attaches no ledgers or payment history. Not does the
Complaint or any exhibit show that the Defendant has signed and made purchases to
account for the balance, which is allegedly due. The Exhibit shows; no history of the
account and does not show what purchases, if any, were made, when they were
made, and if in fact the Defendant, Erica Tarr, used this account and signed for this
account.
Accordingly, This Complaint should be struck for Insufficient Specificity in a
Pleading, as required by the Pennsylvania. Rules of Civil Procedure.
WHEREFORE, Defendant respectfully requests that the within Complaint be
Dismissed.
Count III
3. DEMURRER- The Complaint, as written, does not state a cause of action against
the Defendant.
4. 1yIOT [ON TO STRIDE FOR INSUFFICIENT SPECIFICITY IN A PLEADING.
The Complaint, as stated, attaches no ledgers or payment history. Not does the
Complaint or any exhibit show that the Defendant has signed and made purchases to
account for the balance, which is allegedly due. The Exhibit shows no history of the
account and does not show what purchases, if any, were made, when they were
made, and if in fact the Defendant, Erica Tarr, used this account and signed for this
account.
Accordingly, This Complaint should be struck for Insufficient Specificity in a
Pleading, as required by the Pennsylvania Rules of Civil Procedure.
WHEREFORE, Defendant respectfully requests that the within Complaint be
Dismissed.
Supreme Court ID # 86772
40 East Philadelphia Street
York, PA 17401
VERIFICATION
The undersigned hereby verifies, subject to the penalties of 18 Pa. C.S.
Section 4904, relating to Unsworn Falsification to Authorities, that he is the attorney
for the Defendant, Erica Tarr; that he has been authorized by said Defendant to make
make this affidavit on her behalf due to her unavailability to sign the same in the time
necessary; and that the facts set forth in the foregoing pleading are true and correct
to the best of his knowledge, information or belief, based on information received
from the said Erica Tarr.
DATED: V v/
40ZR. SCHEIDEMAINN
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing pleading
was served this day upon the following person, in the manner indicated below:
Service by first-class mail. addressed as follows:
Francis X. Grimes, Esquire
Stock & Grimes, LLP
804 West Avenue
Jenkintown, Pennsylvania 19046
DATED: 'W WO
for Defendant
, ESQUIRE
I.D. No. 86772
40 East Philadelphia Street
York, Pennsylvania 17401
(717) 845-1546
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STOCK & GRIMES, LLP
By: Francis X. Grimes, Esquire
ID No.: 62404
804 West Avenue
Jenkintown, PA 1046
(215-576-1900)
DISCOVER BANK, ISSUER OF DISCOVER
CARD, BY ITS AGENT DFS SERVICES,
LLC
V.
ERICA TARR
Defendant(s)
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rll,fDERLAND COUNT
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PENNSYLVANIA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. 09-1025 Civil Term
PRAECIPE TO DISCONTINUE ACTION PURSUANT TO Pa.R.C.P. 229(al
TO THE PROTHONOTARY:
Kindly mark this action discontinued without prejudic,se'pupfant to Pa.R.C.P. 229(a).
Date: 4/17/12
3 X. GRIMES, ESQUIRE
for Plaintiff