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HomeMy WebLinkAbout13-3955 a o Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: KARYN L TOTTY C TD BANK USA, N.A. T Dollar Amount Requested: ® within arbitration limits I Are money damages requested? © Yes ❑ No (Check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes © No Is this an MDJ Appeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: Morris Scott /Syretta Martin ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ yer Plaintiff Administrative Agencies ID Malicious Prosecution Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E ❑ Product Liability (does not include ❑ Employment Dispute: mass tort) C ❑ Slander /Libel /Defamation Discrimination T ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board I ❑ Other: O N El Other: MASS TORT ❑ Asbestos ❑ Tobacco B ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partion ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 111120 2463023 PPTXSCPI Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, Morris Scott Attorney I.D. #83587 TD BANK USA N.A. Syretta Martin Attorney I.D. #309370 1835 Market Street, Suite 501' Philadelphia, PA 19103, 800 - 850 -1079 C rl TD BANK USA, N.A. � � ..�. `� tom.) c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION vs. No. 13 -�9ss d KARYN L TOTTY 6325 CHESTERFIELD LN MECHANICSBURG PA 17050 -2821 Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in 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. 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 LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 �q 7 SI:d 2463023 �agg.- PPTCPADI ag9934 AVISO Le han demandado a usted en la corte. Si usted quiere defen derse de estas demandas expuestas en las paginas siguientes, usted tiene veinte dias de plazo al partir de la fecha de la demanda y la notificacion. Hase falta ascentar una comparencia escrita o en persona o con un aboga do y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisa do que si usted no se de fiende la corte tomara medidas y puede continuar la demanda en contra suva sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propieda des u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 267 -2032 Y Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, Morris Scott Attorney I.D. #83587 Syretta Martin Attorney I.D. #309370 1835 Market Street, Suite 501 Philadelphia, PA 19103 800 - 850 -1079 TD BANK USA, N.A. c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION vs. No. KARYN L TOTTY 6325 CHESTERFIELD LN MECHANICSBURG PA 17050 -2821 Defendant(s). COMPLAINT Plaintiff TD BANK USA, N.A., claims as follows: 1. The Defendant(s), KARYN L TOTTY , is a resident of Cumberland County, Pennsylvania. 2. The Defendant(s) opened an account agreeing to make monthly payments as required by the terms of the account, for purchases charged to the account. 3. The Defendant(s) did make purchases and charged same to the account but failed to make the monthly payments called for on the account. There is a balance due and owing of $5926.93. 4. Plaintiff declared Defendant(s) to be in default and demands payment of the balance. 2463023 PPTCOCCI WHEREFORE, the Plaintiff, TD BANK USA, N.A., prays for judgment in its favor and against Defendant(s), KARYN L TOTTY in the amount of $5926.93, plus costs. Respectfully submitted, One of its ys s Morris Scott Attorney I.D. #83587 Syretta Martin Attorney I.D. #309370 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 (800) 850 -1079 Dated: July 3, 2013 VERIFICATION I, the undersigned attorney for the Plaintiff, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief, based upon information provided by the Plaintiff, that the Plaintiff is presently located outside of this jurisdiction, and that in order to file the within document in an expedient and timely manner I am authorized to sign this verification on behalf of the Plaintiff. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. PPTXVERI Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, Morris Scott Attorney I.D. #83587 TD BANK USA, N.A. Syretta Martin Attorney I.D. #309370 1835 Market Street, Suite 501 Philadelphia, PA 19103 800 - 850 -1079 TD BANK USA, N.A. c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION vs. No. KARYN L TOTTY 6325 CHESTERFIELD LN MECHANICSBURG PA 17050 -2821 Defendant(s). AFFIDAVIT OF NON - MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: County of Cumberland: I, Morris Scott /Syretta Martin, being duly sworn according to law, depose and say I am the attorney for Plaintiff and I am authorized to make this affidavit on Plaintiff's behalf. I hereby certify that the Defendant(s) is at least 18 years of age and not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Servicemembers' Civil Relief Act of 2004 and any amendments thereto. See Defendant(s) Military Status Report pursuant to 50 U.S.C. App. Section 521, 525 which was obtained from the Department of Defense Manpower Data Center ( https: / /www.dmdc.osd.mil /appj /scra/). I also herby certify that the statements made in the foregoing Affidavit of Non - Military Service are true and correct to the best of my information, knowledge, and belief. I understand that false statements herein sire made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. BLATT, HAS ILLER, LEIBSKER & MOOR LC Dated: July 3, 2013 By: Morris Syretta Martin 2463023 PPTJCAMI (06/28/2013) 1 1111111 11111 1111111111 I I 1 11111111111 I I1I 1 11111 11111 11111 11111 1111 11111 IN Exhibit " A " PPTXEXAI EXECUTION COPY ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement, dated as of March 13, 2013 (the " Assignment and Assumption is entered into by (i) Target National Bank, a national banking association; Target Receivables LLC, a Minnesota limited liability company (" TRLLC " and together with Target National Bank, the " Sellers. " and each a " Seller "), as the Sellers, and TD Bank USA, N.A., a national banking association (the " Purchaser "), as the Purchaser, pursuant to subsection 3.1(b) of the Purchase and Sale Agreement, dated as of October 22, 2012, as amended by the First Amendment thereto, dated as of March 13, 2013 (as amended, the " Purchase and Sale Agreement "), by and among the Sellers, Target Corporation, a Minnesota corporation (the " Parent ") and the Purchaser, and (ii) Target National Bank, as the depositee (in such capacity, the " Depositee ") and the Parent, as the depositor (in such capacity, the " Depositor ') as parties to the Deposit Account Agreement #1 and Deposit Account Agreement #2, each dated as of April 28, 2009 (collectively, the " Deposit Account Agreement pursuant to subsection 3.1(d) of the Purchase and Sale Agreement. Section 1. Definitions Capitalized terms used but not defined in this Assignment and Assumption have the same meaning as set forth in the Purchase and Sale Agreement, or if such term is not defined therein, the Credit Card Program Agreement (the " Credit Card Program Agreement "), dated as of October 22, 2012, by and among the Parent, Target Enterprise, Inc., a Minnesota corporation and the Purchaser. Section 2. Assignment (a) Purchase Agreement (i) The Sellers hereby sell, convey and assign to the Purchaser, free and clear of all Liens the Acquired Assets, including, without limitation, each Private Label Account and Co- Branded Account owned by Target National Bank as of the Cut -Off Time and existing as of the Closing Date, including Closed Accounts and Written -Off Accounts as of the Closing Date (the " Accounts (ii) All purchases and cash advances in connection with the Accounts and the Cardholder Indebtedness related to such Accounts outstanding as of the Closing Date or thereafter effected shall cre the relationship of debtor and creditor between the Cardholder and the Purchaser, respectively. (iii) The Sellers acknowledge and agree that, following the Closing Date, (x) they shall have no right, title or interest in or to, any of the Accounts or the Account Documentation related to such Accounts or any proceeds of the foregoing, and (y) the Purchaser shall extend credit directly to Cardholders. (b) Deposit Account Agreement (i) The Depositee hereby transfers and assigns to the Purchaser all of its rights and obligations under the Deposit Account Agreement, including all deposit Liabilities currently outstanding. (ii) On the Closing Date, the Depositee hereby pays to the Purchaser an amount equal to the Deposit Liabilities held by the Depositee for the Depositor, as estimated per subsection 3.1(d)(i) of .the Purchase and Sate Agreement (which payment shall be made by a deduction from the Purchase Price and is subject to final adjustment as provided in subsection 3.1(d) of the Purchase and Sale Agreement). (iii) The Depositor and Depositee agree to terminate those two certain Pledge and Security Agreements, each dated as of April 28, 2009, and the pledges therein. (iv) The Depositor and Depositee agree that notwithstanding any other provision of the Deposit Account Agreement, no interest shall accrue thereunder on or after the Closing Date. Section 3. Assumption (a) Purchase Agreement (i) The Purchaser hereby assumes and shall pay, defend, discharge and perform as and when due the Assumed Liabilities upon the terms and conditions set forth in the Purchase and Sale Agreement. For greater certainty, the Purchaser will not be assuming or agreeing to pay, defend, discharge and perform the Excluded Liabilities. (ii) The Purchaser hereby agrees to purchase all the Acquired Assets and on and after the Closing Date, the Purchaser shall be the sole and exclusive owner of the Accounts and other Acquired Assets, and shall have all rights, powers, and privileges with respect thereto as such owner. (iii) Except as expressly provided in the Credit Card Program Agreement, the Purchaser shall be entitled to (x) receive all payments made by Cardholders on Accounts, and (y) retain for its account all Cardholder Indebtedness related to Accounts and such other fees and income authorized by the Credit Card Agreements and collected by the Purchaser with respect to the Accounts and the Cardholder Indebtedness related to such Accounts. (b) Deposit Account AgKeement 2 (i) The Purchaser hereby assumes all rights and obligations of the Depositee under the Deposit Account Agreement, including all deposit Liabilities thereunder to the extent outstanding as of the Closing Date, as set forth in the Purchase and Sale Agreement. (ii) On the Business Day following the Closing Date, the Purchaser hereby agrees to pay the amount of such deposit Liabilities assumed, as estimated per subsection 3.1(d) of the Purchase and Sale Agreement, to the Depositor. Section 4. Credit Card Program Ag The terms of the operation of the Program with respect to the Acquired Assets and Assumed Liabilities will be subject to the terms and conditions of the Credit Card Program Agreement. The Parent and/or its Affiliate(s) and the Purchaser shall have the rights set forth in the Credit Card Program Agreement in accordance with the terms thereof. Section 5. Counterparts This Assignment and Assumption may be executed in two or more counterparts (and by different parties on separate counterparts), each of which shall be an original, but all of which together shall constitute one and the same instrument. Section 6. Effect of Headines The Section headings herein are for convenience only and shall not affect the construction hereof. Section 7. Severability In case any provision in this Assignment and Assumption shall be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. Section 8. Governing Law THIS ASSIGNMENT AND ASSUMPTION SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO ITS CONFLICT OF LAWS PROVISIONS (OTHER THAN SECTION 5 -1401 OF THE GENERAL OBLIGATIONS LAW), AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS. 3 r Section 9: Effective Date This Assignment and Assumption shall become effective as of the day and year first above written. [REMAINDER OF THE PAGE BLANK] 4 IN WITNESS WHEREOF, the parties hereto have caused this Assignment and Assumption to be duly executed by their respective officers as of the day and year first above written. TARGET CORPORATION, as the Parent and as the Depositor B y Name: Sara J. Ross Title: Assistant Treasurer TARGET RECEIVABLES LLC, as a Seller By: _ 4, /�' Name: Sara J. Ross Title: Vice President and Assistant Treasurer TARGET NATIONAL BANK, as a Seller and the Depositee By: Name: Spencer Johnson Title: Vice President TD BANK USA, N.A., as the Purchaser By: Name: Title: AS SIGNMENT AND ASSUMPT1oN 1788005- NYCSR07A - MSW IN WITNESS WHEREOF, the parties hereto have caused this Assignment and Assumption to be duly executed by their respective officers as of the day and year first above written. TARGET CORPORATION, as the Parent and as the Depositor By: Name: Sara J. Ross Title: Assistant Treasurer TARGET RECEIVABLES LLC, as a Seller By: Name: Sara J. Ross Title: Vice President and Assistant Treasurer TARGET NATIONAL BANK, as a Seller and the Depositee By: Name: Spencer Mnson Title: Vice President TD BANK USA, N.A., as the Purchaser By: Name: Title: ASSIGNMENT AND ASSUMPTION 1788005- NYCSR07A - MSW IN WITNESS WHEREOF, the parties hereto have caused this Assignment and Assumption to be duly executed by their respective officers as of the day and year first above written. TARGET CORPORATION, as the Parent and as the Depositor By: Name: Sara. J. Ross Title: Assistant Treasurer TARGET RECEIVABLES LLC, as a Seller By: Name: Sara J. Ross Title: Vice President and Assistant Treasurer TARGET NATIONAL BANK, as a Seller and the Depositee By: Name: Spencer Johnson Title: Vice President TD BANK USA, N.A., as the Purchaser B y= Name: Michael Collins Title: President and CEO AssrcmAEw AND AssummoN TARGET@ *00000* Target Visa Credit Card Account Number: XXXX - XXXX -XXXX -5956 Account Identification Number: 00006803221 Statement Closing Date: October 10, 2011 KARYN L TOTTY Page 1 of 2 Summary of Account Activity Payment Information Previous Balance $5,926.93 New Balance $5,926.93 Payments and Other Credits -$0.00 Minimum Payment Due Purchases and Other Debits +$0.00 $5,926.93 Cash Advances +$0.00 Payment Due Date 11/7/2011 Past Due Amount $5,926.93 If you would like information about credit counseling services, Fees Charged +$0.00 call 1- 800 - 991 -8433. Interest Char +$0.00 New Balance $5,926.93 For questions, an address change or to report a Total Credit Limit $ 0.00 lost or stolen card, go online or call us: Cash Limit $0.00 Manage My REDcard Target.com /redcard Available Credit $0.00 Target Credit Services 1- 888 -755 -5856 Portion Available for Cash $0.00 TDD/TDY 1- 800 -347 -5842 The Cash Limit is a portion of the Total Credit Limit Outside the U.S. 1-612- 307 -8622 (Call Collect) Statement Closing Date 10/10/2011 Calling will not preserve your billing -error rigtrts Days in Billing Cycle 30 Transacti Trans Date Description of Transaction or Credit Location Amount No payments or credits were received last month. I E.r. 11Ip �Q GIs .S t Total fees charged in 2011 $0.00 Total interest charged in 2011 $0.00 Target National Bank, an affiliate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ........................... INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK ... . Account Number XXXX- XXXX - XXXX -5956 Account TARGET, II I'I IIII III IIII VIII I II IIIIII I III New Balancetification Number 0000680 6 93 Minimum Payment Due $5,926.93 Payment Due Date November 7, 2011 NEW PHONE, HOME OR E -MAIL ADDRESS? Amount PLEASE UPDATE ON TARGET NATIONAL BANK Enclosed $ REVERSE SIDE. P.O. BOX 660170 OFFICE COPY DALLAS TX 75266 -0170 STATEMENT PAGE NOT PRINTED I' I ll l lll l lr' ullll"' I" II" IIIIIIII 'll "IIIII'lll'I'Innllll' KARYN L TOTTY 6325 CHESTERFIELD LN MECHANICSBURG PA 17050 -2821 I' ll @I@lilllllllllll "II' IIIIII'11'I "'11111'1 "II'11i1111111 "1 Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, Morris Scott Attorney I.D. #83587 TD BANK USA, N.A. Syretta Martin Attorney I.D. #309370 1835 Market Street, Suite 501 Philadelphia, PA 19103 215- 564 -1567 TD BANK USA, N.A. c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION vs. No. KARYN L TOTTY 6325 CHESTERFIELD LN MECHANICSBURG PA 17050 -2821 Defendant(s). r- f " CD ` `, ^ f CD PRAECIPE TO ENTER APPEARANCE , CD n :X . - _` c TO THE PROTHONOTARY: C t_0 �. Kindly ENTER my appearance in the above - captioned matter on behalf of PLAINTIFF--<'.T TD BANK USA, N.A.. Papers may be served at the address set forth below: Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Telephone Number: 1- 215 - 564 -1567 BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Dated: July 3, 2013 By: Morris t Attorney Syretta Martin Attorney 2463023 PPTXPEAI 111111111 IIII 1111111111111111111111111111111111111111111111111111 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F IL E 0-0 rF fG# . Sheriff Jody S Smith 1Y I' �. PROTHONOTARY Chief Deputy 2013 JUL 18 AM 10: 00 '41 , Richard W Stewart , solicitor 01: E O`° 1'Z Ss�Clir � PENNSYLVANIA TD Bank USA, N.A. vs. Case Number Karyn Totty 2013-3955 SHERIFF'S RETURN OF SERVICE 07/11/2013 07:55 PM -Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a.person representing themselves to be the Defendant, to wit: Karyn Totty at 6325 Chesterfield Lane, Hampden Township,.Mechanicsburg, PA 17050-2821. JASON KINSLER, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, July 15, 2013 RONW R ANDERSON, SHERIFF (c)CcuntySuite Sheriff,Teleosoft,Inc. Blatt, Hasenmiller, Leibsker& Moore, LLC Attorney for Plaintiff, Morris Scott Attorney I.D.#83587 TD BANK USA,N.A. Syretta Martin Attorney I.D. #309370 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 TD BANK USA,N.A. c/o Blatt, Hasenmiller, Leibsker&Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA C.0 Plaintiff, --j -T rTico CIVIL ACTION C-- VS. No. 13-3955 CIVIL KARYN L TOTTY sk 6325 CHESTERFIELD LN MECHANICSBURG PA 17050-2821 co, Defendant(s). PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT FOR FAILURE TO PLEAD TO THE PROTHONOTARY: Kindly ENTER a Judgment by Default For Failure to Plead in favor of the plaintiff and against the Defendant KARYIN L TOTTY in this matter in the amount of $5936.93 plus court costs. I also hereby certify that a true and correct copy of the Notice required by Pa.R.C.P. 237.1(a)(2)was mailed separately to each defendant on 0810512013 by regular mail. A true and correct copy of each Notice is attached hereto. Respectfully submitted, BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Dated: August 16, 2013 By: —;wScott Morr Cott Syretta Martin 2463023 PPTJPFJ1 �a��fii�������ii���i��i iii ii����iii«��ii�«iii�««����i��i�����ii�i�i�ii� �—�C1 �-��� Blatt Hasenmiller, Leibsker&Moore, LLC Attorney for Plaintiff, Morris Scott Attorney I.D.#83587 TD BANK IUSA,N.A. Syretta Martin Attorney I.D. #309370 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 TD BANK USA,N.A. c/o Blatt, Hasenmiller, Leibsker&Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION VS. No. 13-3955 CIVIL KARYN L TOTTY 6325 CHESTERFIELD LN MECHANICSBURG PA 17050-2821 Defendant(s). AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: County of Cumberland: 1, Morris Scott/Syretta Martin, being duly sworn according to law, depose and say I am the attorney for Plaintiff and I am authorized to make this affidavit on Plaintiff's behalf. I hereby certify that the Defendant(s) is at least 18 years of age and not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Servicemembers' Civil Relief Act of 2004 and any amendments thereto. See Defenda I nt(s) Military Status Report pursuant to 50 U.S.C. App. Section 521, 525 which was obtained from the Department of Defense Manpower Data Center (https://www.dmdo.osd.mil/appi/Scra/). I also herby certify that the statements made in the foregoing Affidavit of Non-Military Service are true and correct to the best of my information, knowledge, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Dated: August 16, 2013 By: MocW-s—cott Syretta Martin 2463023 PPTJCAMI (06/28/2013) ���«������i���ii�i��i��«i��ii��iiii������i�i�������«<�i«��i���ii���iii TD BANK USA,N.A. Plaintiff, IN THE COURT OF COMMON PLEAS VS. CUMBERLAND COUNTY, PA KARYN L TOTTY CIVIL ACTION 6325 CHESTERFIELD LN MECHANICSBURG PA 17050-2821 No. 13-3955 CIVIL Defendant(s), TO: KARYN L TOTTY Date of Notice: August 6,2013 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 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 A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE'S TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FE* E-. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17.013 (717)267-2032 BLAtT, HASENMILLER, LEIBSKr=R &MOORE,'Ll-C By: Morris Scott Syr6tta Martin 1835.Market Street, Suite 501 Philadelphia, PA 19103 800-860-1079 This is a communication from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2463023 PPTNLRSI TD BANK USA,N.A. IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA vs. KARYN L TOTTY CIVIL ACTION 6325 CHESTERFIELD LN No. MECHANICSBURG PA 17050-2821 Defendant(s). No. 13-3955 CIVIL TO: KARYN L TOTTY NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Default Judgment has been entered against you in the above proceeding. PROTHG NOT AkY Dated: 1112 By: IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: Attorney of Record for Plaintiff: Blatt, Hasenmiller, Leibsker& Moore, LLC Morris Scott Attorney I.D. #83587 Syretta Martin Attorney I.D. #309370 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 2463023 PPTNDJNI III[1111111[11111[lull Ill ll[III 11111 11111 VIII 11111 Illil 11111 Illlll[II 111{ , :HE PROTE , IN THE UNITED STATES BANKRUPTCY CgIFFM y 30 A H RT t FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CUMBERLAND LUUI IN RE: : CHAPTER 7 PENNSYLVANIA KARYN LYNN TOTTY Debtor KARYN LYNN TOTTY Movant v. TD BANK USA NA Respondent CASE NO. 1:13-bk-05943 ORDER CERTIFIED FRO THE RECORD this.-- , 20 .2.V UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under Section 522(f) 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 TD BANK USA NA in the approximate amount of $5,936.93 entered in Cumberland County at docket number # 13-3955 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. (6. Dated: December 16, 2013 By the Court, Case 1:13-bk-05943-MDF Doc 14 Filed 12/16/13 Entered 12/16/13 13:01:54 Desc Main Document Page 1 of 1