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HomeMy WebLinkAbout11-4161L t. ti )1 ? IN THE COURT OF COMMON PLEAS OF _t, , - row CUMBERLAND COUNTY, PENNSYLVANIA --------------------------------------------------------------- X eE,LAt?D DOUNT? TANARIS, LLC, ASSIGNEE OF CHASE BANK USA, N.A. 100 HERRICKS RD, SUITE 220 MINEOLA, NEW YORK, 11501 Plaintiff -vs- CHARLES F TODD 803 W KELLER ST, MECHANICSBURG, PA 17055 4029 Defendant, ---------------------------------------------------------------X NOTICE TO DEFEND ?? - ultt t Doc543' OUR FILE NO: 3 CIVIL ACTION - LAW 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 is served, by entering a written appearance, personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THAT OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THAT OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland Co. Bar Association 32 South Bedford Street, CARLISLE, PENNSYLVANIA, 17013 (800) 990-9108 ci V1Y i mjc a%9 ? Qt clC4-- ioas 9A.252 RSS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ---------------------------------------------------------------X TANARIS, LLC, NO. DE EPIGRAFE: ASSIGNEE OF CHASE BANK USA, N.A. NUMERO DE 100 HERRICKS RD, SUITE 220 EXPEDIENTE: 385543 MINEOLA, NEW YORK, 11501 Demandante -vs- CHARLES F TODD CIVIL ACTION - LAW 803 W KELLER ST, MECHANICSBURG, PA 17055 4029 Demandado, ---------------------------------------------------------------X NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland Co. Bar Association 32 South Bedford Street, CARLISLE, PENNSYLVANIA, 17013 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA --------------------------------------------------------------- X TANARIS, LLC, DOCKET NO.: ASSIGNEE OF CHASE BANK USA, N.A. OUR FILE NO: 385543 100 HERRICKS RD, SUITE 220 MINEOLA, NEW YORK, 11501 Plaintiff COMPLAINT -vs- CHARLES F TODD 803 W KELLER ST, CIVIL ACTION - LAW MECHANICSBURG, PA 17055 4029 Defendant, ---------------------------------------------------------------X Plaintiff, by its attorneys, complaining of the defendant, respectfully alleges: 1. TANARIS, LLC is a DELAWARE LIMITED LIABILITY COMPANY with a place of business of 100 HERRICKS RD, SUITE 220, MINEOLA, NEW YORK, 11501. 2. The Defendant, CHARLES F TODD, is an individual, residing at 803 W KELLER ST , MECHANICSBURG, PA 17055 4029 3. Pursuant to an agreement made with Plaintiff s predecessor in interest, CHASE BANK USA, N.A., credit was extended to Defendant(s) or Defendant(s) incurred debt to Plaintiffs predecessor through the use of the credit card, account number ending in ************2771. Plaintiff purchased this account and now owns it. 4. At all relevant times, Defendant was a cardmember on the Account, and responsible for paying all amounts charged to the Account. 5. Defendant herein accepted and used the Card, by doing so Defendant agreed to all of the terms and conditions set forth in the Agreement. 6. Defendant assented to the terms and conditions governing the account during the time period in which the Card was utilized and maintained by Defendant, as provided by CHASE BANK USA, N.A. for the Account. 7. Annexed hereto as Exhibit "A" and incorporated herein are true and correct copies of Account statements issued by CHASE BANK USA, N.A. to defendant, indicating usage and acceptance of the Card, the Account and the terms and conditions thereof. 8. Defendant defaulted by failing to make payments required by the Agreement, leaving an outstanding balance of $ 22465.65 as of the date hereof, of which no part has been paid despite due demand therefor. COUNT 1- BREACH OF CONTRACT 9. Plaintiff incorporates by reference the averments of paragraphs 1 through 8. 10. Defendant failed to make the minimum payments specified on the statements. 11. By reason of the foregoing, Defendant breached the Agreement with CHASE BANK USA, N.A., the original creditor. 12. Despite due demand, Defendant has failed to pay CHASE BANK USA, N.A. or plaintiff the outstanding balance. 13. As a result of the breach, Defendant is liable to Plaintiff for the sum of $22465.65. WHEREFORE, Plaintiff demands judgment against Defendant on Count 1 in the sum of $22465.65, plus interest. COUNT 2 - ACCOUNT STATED (In the alternative to Count 1) 14. Plaintiff incorporates by reference the averments of paragraphs 1 through 13. 15. On or about 11/23/2010, an account in the sum of $22,465.65 was stated by Plaintiff to Defendant who received and accepted same without objection. As of the date hereof no part thereof has been paid. 16. Defendant's actions as set forth above constitutes an account stated between the parties for the sum of $22465.65. WHEREFORE, Plaintiff demands judgment in its favor against Defendant on Count 2 in the sum of $22465.65, with interest, costs and disbursements as permitted by law. Respectfully submitted, Amy F. -Doyle, F 4tVe PA Supreme Court ID 87062 BAKER, SANDERS, BARSHAY, GROSSMAN, FASS, MUHLSTOCK & NEUWIRTH, LLC Attorneys for Plaintiff 100 Garden City Plaza, Ste 500 Garden City, NY 11530 (484) 690-3910 Phone (610) 755-6399 VERIFICATION I, William Denninger, am one of the Assistant Custodian of Records for Tanaris LLC, the within Plaintiff, verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that this verification is made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: March 21, 2011 William Assistan ian of Records 4, Notary Public RE: CHARLES F TODD Acc:************2771 Brian Edejer Notary Public, State of New York No. O1 ED6185630 Qualified in Queens County Commission Expires April 21, 2012 385543(7P0724) EXHIBIT - A Statement for account number: 5122 5710 0476 2771 New Balance Payment Due Date Past Due Amount Minimum Payment CHASE $22,465.65 12!16/08 $5,070.00 $9,762.65 Make your check payable to: Chase Card Services. Please write amount enclosed. New address or emad? Print on back 512257100476277100976265022465650000008 45353 BE X 9 32609 C CHARLES F TODD 803 W KELLER ST MECHANICSBURG PA 17055-4029 (IIIIIII III IIIIIIIIII .III II 111111111111111111111111.1111111111 CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 In 1111 n1111un111u111n In11Iun1I1I I11n IIun111nI n11 1:5000160281: 13r.10047627713111 ?y?©VS Opening/Closing Date: VW 1022/08 - 1121/08 CUSTOMER SERVICE ? IB Payment Due Date: Minimum Payment Due: "waS 12116/08 In U.S. 1-600-442-3142 $9 762 65 vs , . Espafiol 1-888-446.3308 TOD 1-WO-955.8060 Pay by phone 1-800.436-7958 Outside U.S. cad collect MASTERCARD CARD SUMMARY Account Number: 5122 5710 0476 2771 1-302-594.8200 Previous Balance $21,862.71 Total Credit Line ACCOUNT INQUIRIES 0 $18,6. Box 15298 P.O. Purchases, Cash, Debits +$39.00 Available Credit $ , DE SO DE 19650-5298 Finance Charges +$563.94 Cash Access Une $11,160 New Balance $22,465.65 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19886-5153 VISIT US AT: The outstanding balance on your credit card account is scheduled to be written off as a bad debt shortly. As a result, your credit bureau will be updated with a negative rating that could last for up to seven years. We can still help, but you need to call us now at 1-888-792.7547 (tolled 1-302-594-8200). The new APR and promotional rate expiration reflected on this statement is a result of a late payment on your account. For your convenience, you can always pay online by accessing our website displayed on this statement. REWARDS SUMMARY Watch for opportunities to earn bonus reward Previous reward balance $0,00 points through special offers presented Rewards earned on all other purchases $0,00 throughout the year. Remaining balance $0.00 $0.00 Rewards to expire on statement in Thank you for using your Toys'R"Us and BabieeR"Us MasterCard card! The Rewards summary above shows the rebates you have earned with the purchases you have made this billing period. Remember, you can earn a 5% rebate for all of your ToyeR"Us and Babies'R'Yls purchases and a 1% rebate on all your everyday purchases everywhere else such as gas and groceries! TRANSACTIONS Trans _ Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 11/16 LATE FEE $39.00 FINANCE CHARGES Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V.08216% 29.99% $22,141.86 $563.94 $0.00 $0.00 $563 94 Cash advances V.08216% 29.99% $0.00 $0.00 $0.00 $0.00 . $0,00 Total finance charges $563.94 Effective Annual Percentage Rate (APR): 29.99% Please see information About Your Account section for balance computation method, grace period, and other important information. The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer fees - expressed as a percentage. 0000001 F1333335 C 2 000 Y 9 21 0811121 Page 1 or1 06390 MA MA 45353 3261 X 0254 0000020001535301 Address Change Request Please provide information below only if the address information on front is incorrect. Street Address: City: State: ZIP: rte i? Home Phone: -_ _ Work Phone: --- E-mail ----- Address- L Information About Your Account Lent or Stolen Cards: Please report your lost or stolen card immediately by calling the Customer Service number found on the front of your statement. Advisors are always available to assist you. You can reach an Advisor by pressing 0 afteryou enter your account number Ctedita0 of Paymall For payments by regular U.S. mall. send at least your minimum payment due to our post office box designated for payments shown on this statement. Your payments by mail must comply with the instructions on this statement, and must be made by check or money order. payable in U.S. Dollars. and drawn on or payable through a U.S. financial institution or the U.S. branch of a foreign financial institution. Do not send cash. Write your account number on your check or money order. Payments must be accompanied by rite payment coupon in the envelope provided with our address visible through the envelope window; the envelope cannot contain more than one payment or coupon; and there can be no staples, paper Nips. tape or correspondence included with your payment. If your payment is In accordance Win our payment Instructions and Is made available to us on any day except December 25 by 1:00 p.m. local time at our post office box designated tar payments on this statement, we will credit the payment to your account as of that day. If yourpayrnent is ih accordance with our payment instructions, but is made available to us after 1:00 P.M. local time at our post office box designated for payments on this statement, we will efedt it to your account as of the next day. If you do not follow our payment instructions or if your payment is not sent by regular U.S. mail to our post office box designated for payments, crediting of your payment may be delayed for up to 5 days. Payments made electronically through our automated telephone service. Customer Service advisors, or our web site will be subject to any processing times disclosed for those payments. Aeeosat Information Reported to Credit Bureaus: We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address fisted on your billing statement Notice Abed Electronic Check Conversion: When you provide a check as payment, you authorize us either to use information from your check to make a onefime electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your deck to make an electronic fund transfer. funds may be withdrawn from your account as soon as the same day we receive your payment, and you VON not receive your check back from your financial kufitudon. Call the customer service number on this statement if you have questions about electronic check collection or do not want your payments collected electronically. Conditional Payments: Any payment check or other form of payment that you send us for less than the full balance due that is marked "paid in full" or contains a similar notation, or that you otherwise tender in full satisfaction of a disputed amount, must be sent to Card Services, P.O. Box 15049, Wilmington, DE 19850-5049. We reserve all our rights regarding these payments (.e.g., if it is determined there is no valid dispute or if arhy, such check is received at any other address, we may accept the check and you will still owe any remaining balance). We may refuse to accept any such payment by returning it to you, not cashing it or destroying it. All other payments that you make should he Sam to the appropriate payment address. Annual Renewal Notice: If your account has an annual fee, it will be billed each year or in monthly installments, whether or not you use your account, and you agree to pay it when billed. The annual lee is nor-refundable unless you notify us that you wish to close your account within 30 days of the date we mail your statement on which the annual fee is charged and at the same lime, you pay your outstanding balance in full. Your payment of the annual fee does not affect our rights to dose your account and to limb your right to make transactions on your amount. If your account Is closed by you or us. we will continue to charge the annual fee until you pay your outstanding balance in full and terminate your account relationship. Explanation of Finance Charges: We calculate periodic finance charges, using the applicable periodic rates shown on this statement. separately for each feature (a g., balance transfer;corrvenience checks and cash advance checks ("check transaction"), purchases, balance transfers, cash advances. promotional balances or overdraft advances). These calculations may combine different categories with the same daily periodic rates. If there is a V" next to a periodic rate on this statement, that rate may vary, and the index and margin used to determine that rate and its corresponding APR are described in your Cardmember Agreement. as amended. There is a minimum finance charge in any billing cycle in which you owe any periodic finance charges, and a transaction finance charge for each balance transfer, cash advance, or check transaction, in the amounts stated in your Cardmamber Agreement, as amended. To get the daily balance for each day of the current biking cycle. we take the beginning balance for each feature, add any new transactions or other debits (including fees, unpaid finance charges and other charges), subtract any payments or credits, and make other adjustments. Transactions are added as of die transaction date, the beginning of the billing cycle in wthich they are posted to your account, or a later date of our choice (except that check transactions are added as of the date deposited by the payee or a later date of our choke). Fees are added either on the date of a related transaction, the date they are posted to your account, or the last day of the billing cycle. This gives us that days daily balance. A credit balance is treated as a balance of zero. If a daily periodic rate applies to any feature, we multiply the daily balance by to dally periodic rate to gel your periodic finance charges for that day. We than add these periodic finance charges to your daily balance to get the beginning balance for the next day. (If more than one daily periodic rate could apply based on the average daily balance, we will use the dairy periodic rate that applies for the average daily balance amount at the end of the billing cycle to calculate the daily periodic finance charge each day.) To get your total periodic finance charge for a billing cycle when a dairy periodic rate(s) applies. we add all of the daily periodic finance charges for all features. To determine an average daily balance, we add your daily balances and divide by the number of the days in the applicable billing cydets). If you multiply the average daily balance for each feature by the applicable daily periodic rate. and then multiply each of these results by the number of days in the applicable billing cycle(s), and lien add all of the results together, the total will also equal the periodic firana charges for the billing cycle, except for minor variations due to rounding. To get your total periodic finance charge for a billing cycle when a monthly periodic rate(s) applies. multiply the average dairy balance fa each feature by the applicable monthly periodic rats and add the results together. The total will equal the periodic finance charges for the billing cycle, except for minor variations due to rounding. Grace Period (at least 20 days): We accrue periodic finance charges on a transaction, lee. or finance charge from the date it is added to your daily balance unit payment in full is received on your account. However. we do not charge periodic finance darges on new purchases billed during a billing cycle if m receive both payment of your New Balance on your current statement by the date and time your payment is due and also payment of your New Balance on your previous statement by The date and time your payment was due. There is no grace period for balance transfers, cash advances, check transactions, or overdraft advances. In addition, if there is a "Qualifying Promotional Fiela ciao' section on this statement, you will not incur periodic finance charges on any Remaining Balance that appears in that section it you pay that balance in full by the applicable Expiration Date. To avoid finance charges on new purchases when your New Balance includes any Remaining Balance(s) in the Qualifying Promotional Financing section, pay your full New Balance minus the total of those Remaining Balance(s) by the date and time your payment is due. However. it your statement shows that a minimum payment is due, we must receive at least that minimum payment by the date and time specified on your statement, even if your New Balance consists only of Qualifying Promotional Financing balances. Also, for some Qualifying Promotional Financing balances, periodic finance charges accrue during the promotional period but are not added to your account balarce. Instead, they accumulate from billing cycle to billing cycle. This is referred to as 'deferred interest.' H a deferred interest Oueiifying Promotional Financing balance Is not paid in full by the applicable Expiration Date, the deferred finance charges will be added to your account as soon as the first dayaher the Expiration Date. Further, if you default under the terms of your Cardmember Agreement, the deferred finance charges will be added to your account as soon as the date of default, BO.LING RIGHTS SUMMARY In Case of Errors or Questions About Your Bill: If you think your bill is wrong. orif you need more information about a transaction on your bill, write Cardmember Service on a separate sheet at P.O. Box 15299 Wilmington, DF 19850.5299 as soon as possible. We must hear from you no later than 80 days after we sent you the first bit on which the error of problem appeared. You an telephone us, but doing so will not preserve your rights. In your letter, give us the following information. • Your name and account number • The dollar amount of the suspected error • Describe the error and explain, if you can.. why you believe there is an error If you need more information, describe the item you are unsure about. You do not have to pay airy amount if question while we are investigating. but you are sell obligated to pay the parts of your bill that are not in question. While we investigate your question. we cannot report you as delinquent or take action to collect the amount you question. If you have authorized us to pay, your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment. your letter or ail (using the Cardmember Service address or telephone number shown on this statement) in ust reach us at last three business days before the automatic payment is scheduled to occur. Special Rule for Credit Card Purchases: It you have a problem with the quality of goods or services tat you purchased with a credit card iexduding purchases made tinrh a check;, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase pries was more than .550 and the purchase was made in your home state or within 100 miles of your mailing address. These limitations do not apply if we own or operate the merchant. or it we mailed you the advertisement for the property or services. MA021207 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ---------------------------------------------------------------X TANARIS, LLC, as assi nee of DOCKET NO.: 11-4161 CHASE BANK USA, 100 HERRICKS RD, N.A. SITE 220 MINEOLA, NEW YORK 11501 Our File No.: 385543 Plaintiff, vs. CHARLES F TODD 803 W KELLER ST, MECHANICSBURG, P? CIVIL ACTION - LAW rn rr? 17055-4029 Defendant zc:) a C= c? o r.. ----------X z' WITHDRAWAL OF APPEARANCE Kindly withdraw appearance of Amy F. Doyle, Esq. in t" above atter. Amy F. Doo,pq. PA Supreme Court ID 87062 Counsel for Plaintiff BAKER, SANDERS, BARSHAY, GROSSMAN, FASS, MUHLSTOCK & NEUWIRTH, LLC 1 I E. Market Street, Suite 102 York, PA 17401 ENTRY OF APPEARANC Kindly enter my appearance on behalf of Plaintiff with re r rd th ov -referenced matter. Vancis X. Grimes, Esq.,, Esq. PA Supreme Court ID 62404 Counsel for Plaintiff BAKER, SANDERS, BARSHAY, GROSSMAN, FASS, MUHLSTOCK & NEUWIRTH, LLC 804 WEST AVENUE JENKINTOWN, PENNSYLVANIAk 19046 Tel: (484) 690-3910 Toll Free: (877) 741-7370 M , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Er, OF ? - LLC?---------------------------------------------------X TANARIS, i a '^F ,Si 100 HERRICKS RD, SUITE 220 T 21 ; MINEOLA, NEW YORK 11501 Docket No.: 11-4161 Plaintiff Cli1° E R L C i) jj?.t ?N'1;-4SYL c i v;i -vs- CHARLES F TODD Our File No.: 385543 803 W KELLER ST, CIVIL ACTION - LAW MECHANICSBURG, PA 17055-40:29 Defendant. ------------------------------------------------------------------------X PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter Judgment by Default in favor of the Plaintiff, TANARIS, LLC, and against the Defendant, CHARLES F TODD, for failure to Answer the Civil Action Complaint. The Complaint was served upon Defendant, CHARLES F TODD, on 05/06/2011. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. Copies are attached hereto. Assess Plaintiffs damages in the principal sum of $ 22,465.65, less credit for payment in the amount of $ 0.00 plus interest at the rate of 6.00% from 11/30/2008 to 09/23/2011 in the amount of $ 3,709.17, together with cost in the amount of $ 192.00, for a total of $ 26,366.82, with further interest on the judgment until paid in full, in accordance with the prayer of the Complaint. Date: September 23, 2011 e A. 31 Z X1.1"- Z A)e-41 'c.E. rnatlicc BAKER, SANDERS, BARSHAY, GROSSMAN, FASS, MPfJLST0jN & NEUWIRTH, LLC By: Fy6ncis X. Grimes, Esq. PA Supreme Court ID: 62404 Of Counsel 804 WEST AVENUE JENKINTOWN, PENNSYLVANIA 19046 Phone: (484) 690-3910 Toll Free: (877) 741-7370 Email: PAlitigationinfo@bakersanders.com Mailing Address: 100 Garden City Plaza, Suite 500 Garden City, New York 11530 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ------------------------------------------------------------------------X TANARIS, LLC, 100 HERRICKS RD, SUITE 220 MINEOLA, NEW YORK 11501 Docket No.: 11-4161 Plaintiff, -vs- Our File No.: 385543 CHARLES F TODD 803 W KELLER ST, CIVIL ACTION - LAW MECHANICSBURG, PA 17055-4029 Defendant. ------------------------------------------------------------------------X AFFIDAVIT OF NON-MILITARY SERVICE I, Francis X. Grimes, Esq., being duly sworn according to law, deposes and says: a. That the Defendant is not in the military services 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 the Defendant, CHARLES F TODD, is an adult individual and resides at 803 W KELLER ST, MECHANICSBURG, PA 17055 4029. c. 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 on to authorities. Date: September 23, 2011 BAKER, SANDERS, BARSHAY, GROSSMAN, FASS, MUH TOCK & NEUWIRTH, LLC Attorneys r la/tiff By: F 4ncis X. Grimes, Esq. PA Supreme Court ID: 62404 Of Counsel 804 WEST AVENUE JENKINTOWN, PENNSYLVANIA 19046 Phone: (484) 690-3910 Toll Free: (877) 741-7370 Email: PAlitigationinfo@bakersanders.com Mailing Address: 100 Garden City Plaza, Suite 500 Garden City, New York 11530 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ------------------------------------------------------------------------X TANARIS, LLC, 100 HERRICKS RD, SUITE 220 MINEOLA, NEW YORK 11501 Docket No.: 11-4161 Plaintiff, -vs- Our File No.: 385543 CHARLES F TODD 803 W KELLER ST, CIVIL ACTION - LAW MECHANICSBURG, PA 17055-4029 Defendant. ------------------------------------------------------------------------X CERTIFICATION UNDER PA. R.C.P. 237.1 1, Francis X. Grimes, Esq., attorney for Plaintiff, TANARIS, LLC, certify that I sent a copy of the attached Notice on Q$ ) 201 , 2011 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: September 23, 2011 BAKER, SANDERS, BARSHAY, GROSSMAN, FASS, Npe LSTOCK & NEUWIRTH, LLC By: ancis X. Grimes, Esq. PA Supreme Court ID: 62404 Of Counsel 804 WEST AVENUE JENKINTOWN, PENNSYLVANIA 19046 Phone: (484) 690-3910 Toll Free: (877) 741-7370 Email: PAlitigationinfo@bakersanders.com Mailing Address: 100 Garden City Plaza, Suite 500 Garden City, New York 11530 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ------------------------------------------------------------------------X TANARIS, LLC, 100 HERRICKS RD, SUITE 220 MINEOLA, NEW YORK 11501 Docket No.: 11 -4161 Plaintiff, -vs- Our File No.: 385543 CHARLES F TODD 803 W KELLER ST, CIVIL ACTION - LAW MECHANICSBURG, PA 17055-4029 Defendant. --------------------------------------------------------------X NAME AND ADDRESS CERTIFICATION I hereby request the Prothonotary to enter the within judgment against: CHARLES F TODD 803 W KELLER ST MECHANICSBURG, PA 17055-4029 Defendant(s) within named, the last named address of the Defendant(s) being as shown above, and I hereby certify that the precise address of the Plaintiff/Judgment Creditor is: TANARIS, LLC 100 HERRICKS RD, SUITE 220 MINEOLA, NEW YORK 11501 Date: September 23, 2011 BAKER, SANDERS, BARSHAY, GROSSMAN, FASS, I fU?LSTOCK & NEUWIRTH, LLC Attoru6vs f r Plaiuti f') By: Francis X. Grimes, Esq. PA Supreme Court ID: 62404 Of Counsel 804 WEST AVENUE JENKINTOWN, PENNSYLVANIA 19046 Phone: (484) 690-3910 Toll Free: (877) 741-7370 Email: PAlitigationinfo@bakersanders.com Mailing Address: 100 Garden City Plaza, Suite 500 Garden City, New York 11530 EXHIBIT - A Baker, .Sanders, Barshay, Grossman Fass, Muhlstock & Neuwirth, LLC Attorneys and Counselors at bm 804 WEST AVENUE JENKINTOWN, PENNSYLVANIA 19046 Tcl : 484-690-3910 Toll Free; (877) 741-7370 Please direct all correspondence to our inain onice-, 100 Gardcn City Plaza, Suite 500 Garden City, New York 1 1530 August 22, 201 l CHARLES F TODD 803 W KELLER ST, MEECHANICSBURG, PA 17055 4029 RE: TANARIS, LLC v. CHARLES F TODD Docket No_: 11-4161 Our File No.: 385543 Dear CHARLES F TODD: Enclosed herewith please find a I0-nay Notice pursuant to Rule 237,1 of the Pennsylvania Rules of Civil Procedure. / i F/ ncis X. Gri es, Esq, A Supreme Co rt fl): 62404 Of Counsel IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -------------------------------------------------------------------- -X TANARIS, LLC, CASE NO.: 11-4161 Plaintiff, -vs- OUR FILE NO.. 385543 CHARLES F TODD, Defendant. ----------------------------------------------------------------------X To: CHARLES F TODD 803 W KELLER ST MECHANICSBURG, PA 17055-4029 DATE OF NOTICE: August 22, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR. BY AN 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 TI•IE DATE OF THIS NOTICE, A JUDGMENT MAY BE EN-I-ERL-`U 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 AFFO.RIU TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland Co. Bar Association 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (800) 990-9108 Sincerely, BAKER, SA ERS,I3ARSHAY, GROSSMAN, FASS, M>MVSTOCK & NEUWIRTH, LLC By: Wancis X. Grimes, Esq. PA§upreme Court ID: 62404 804 WEST AVENUE JENKINTOWN, PENNSYLVANIA 19046 Phone: (484) 690-3910 Toll Free: (877) 741-7370 Email: PAlitigationinfo cc bakersa.nders.com Mailing Address: BAKER, SANDERS, BARSHAY, GROSSMAN, FASS, MUHLSTOCK & NEUWIRTH, LLC 100 Garden City Plaza, Suite 500 Garden City, New York 11530 EXHIBIT - B 3$s54'3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheri ?e??tp of QumbrryjRl Jody S Smith Chief Deputy Richard W Stewart solicitor OFr:iCE OFTHE 8HlRIFF Tanaris, LLC VS. I Casa Number Charles F. Todd, Jr. 2011-4161 SHERIFF'S RETURN OF SERVICE 05/06/2011 08:00 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 6, 2011 at 2000 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Charles F. Todd Jr., by making known unto Charette Peirce, Mother in Law of Defendant at 803 W. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.00 May 09, 2011 RO ERT BITNE ; DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF M, cant;•4Wtr vwff.. T*1005d!. 1". EXHIBIT - C Department of Defense Manpower Data Center File #: 385543 .OWNI UO-r-) Military Status Report Pursuant to the Service Members Civil Relief Act Sep-23-2011 13:5332 . Last FirstJMiddle Begin Date Active Duty Status Active Duty End Date Service Name Agency TODD CHARLES F Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. 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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). 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 DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced 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 status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.miVfaq/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional 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 active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contactthe Service SCRA points-of-contact. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:4K6HII8388 • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ------------------------------------------------------------------------X TANARIS, LLC, 100 HERRICKS RD, SUITE 220 Docket No.: 11-4161 MINEOL,A, NEW YORK 11501 Plaintiff, Our File No.: 385543 -vs- CHARLES F TODD CIVIL ACTION - LAW 803 W KELLER ST, MECHANICSBURG, PA 17055-4029 Defendant. ------------------------------------------------------------------------X NOTICE OF FILING JUDGMENT To:CHARLES F TODD 803 W KELLER ST MECHANICSBURG, PA 17055-4029 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment by Default has been entered against you in the above-captioned matter in the amount of $. 2i 3" - g A. on and that enclosed herewith is a copy of all documents filed with the Prothonotary in support of staid Judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Name: Francis X. Grimes, Esq. Address: BAKER, SANDERS, BARSHAY, GROSSMAN, FASS, MUHLSTOCK & NEUWIRTH, LLC 804 WEST AVENUE JENKINTOWN, PENNSYLVANIA 19046 Telephone No.: (484) 690-3910-,(877) 741-7370 Prothonotary: • By: , Deputy