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IN THE COURT OF COMMON PLEAS OF CUMB~~4~]G1~
COUNTY, PENNSYLVANIA 3: 23
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ESTATE OF JENNIE D. CARSWELL, CIVIL ACTIO~~~'AN'D CODN
Petitioner : pCNNSYL~A~IA
v. No. /D - ~/G~.y
DISCOVER FINANCIAL SERVICES, LLC, `_~ 4 .f
Respondent ~; ~ ~- - -
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PETITION FOR RULE TO SHOW CAUSE `~ . ,.-,
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AND NOW, this ~ 7'~' day of December, 2011, the Estate of Jennie D.
Carswell, by its attorneys, files the following Petition for Rule to Show Cause why Respondent's
Judgment should not be marked as "Satisfied In Full":
1. Petitioner is the Estate of Jennie D. Carswell, who died on January 17,
2011, while a resident of Cumberland County, Pennsylvania, whose last address was 32 S. Enola
Drive, Enola, PA 17025 (the "Estate").
2. Letters Testamentary for the Estate were granted to Debra K. I,oew at No.
2011-00118 by the Register of Wills of Cumberland County, Pennsylvania on January 27, 2011
3. Respondent is Discover Financial Services, LLC also known as Discover
Bank, with offices located at 2323 Lake Club Drive, Suite 300, Columbus, OH 43232
("Discover").
3. On October 22, 2010, Respondent filed a Precipe for Default Judgment in
Cumberland County, Pennsylvania against Jennie D. Carswell at Civil Action No. 10-4624 Civil
Term.
` 4. Jennie D. Carswell,deceased owned real property known as 32 S. Enola
Drive, Enola, Pennsylvania which is identified as tax parcel number 09-15-1291-056 (the "Real
Property").
5. The Estate notified Respondent of the death of Jennie D. Carswell.
6. Respondent filed a Claim against the Estate on Apri14, 2011 in the office
of the Register of Wills of Cumberland County, Pennsylvania.
7. The Estate and Respondent reached a settlement regarding the amount
owed and the agreed upon sum was paid to Respondent.
8. On May 2, 2011, Respondent filed a Release of Claim with the Register of
Wills of Cumberland County, Pennsylvania.
9. The Estate sold the Real Property on September 15, 2011 and the sum of
$5,150.06 is being held in escrow because Respondent has not had its Judgment marked as
Satisfied.
10. The Estate has contacted Respondent on numerous occasions and has been
repeatedly advised that there is no money owed and that Discover would arrange for the
judgment to be marked satisfied.
11. The Estate has also contacted the legal counsel, Weltman, Weinburg &
Reis, Co., L.P.A. of 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219, who filed the
judgment on behalf of Respondent.
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` 12. The Estate was advised by Weltman, Weinburg & Reis that they no longer
had an active file in regard to this matter and that they could take no action unless Respondent
engaged them to perform additional legal services.
13. More than seven months have passed since the Claim against the Estate
was released by Respondent.
14. The Estate has received the requisite notice from the Commonwealth of
Pennsylvania that the inheritance tax has been paid in full.
15. All other required activity in the Estate has been completed and the Estate
is in a position to be distributed and closed.
16. The escrowed funds cannot be released to the Estate for purposes of final
distribution until the judgment filed in Cumberland County is marked satisfied.
WHEREFORE, the Estate respectfully requests that your Honorable Court issue a
Rule returnable within ten (10) days of its service on Respondent to show cause why the
judgment should not be marked as satisfied.
Respectfully submitted, _.
~/~'r`+r /-~''~ °ry,/ j.~~ ~ ; :. a-;
dicky Afin Trimmer, Esquire
Persun & Heim, P.C.
P.O. Box b59
Mechanicsburg, PA 17055-0659
(717) 620-2440
Attorneys for Estate of Jennie D. Carswell
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+ ~ VERIFICATION
I, Debra K. Loew, Executrix of the Estate of Jennie D. Carswell, have read the
foregoing Petition for Rule to Show Cause and verify that the facts set forth therein are true and
correct according to the best of my knowledge, information and belief and that as Executrix I am
authorized to execute this Verification on behalf of the Estate.
I understand that any false statement made herein is subject to the penalties of 18
Pa. C.S.A. §4904, relating to unsworn falsification to authorities.
Y
Debra K. Loew
Dated: December ~7 , 2011
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