Loading...
HomeMy WebLinkAbout13-3969 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland County 1� 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 S E Lead Plaintiff's Name: Lead Defendant's Name: JOAN L BOYER C TD BANK USA, N.A. I Are money damages requested? © Yes ❑ No Dollar Amount Requested: ® within arbitration limits (Check one) ❑ outside arbitration limits 0 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 ❑Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution 4 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 ❑ mass tort) Employment Dispute: C ❑ Slander /Libel /Defamation Discrimination T ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board 1 ❑ Other: 0 N MASS TORT ❑ Other: ❑ 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 2847637 PPTXSCPI Blatt, Hasenmiller, Leibsker & Moore, LLC Morris Scott Attorney I.D. #83587 Attorney for Plaintiff, TD BANK USA N.A. Syretta Martin Attorney I.D. #309370 ;:Y- ��,.}_ 1835 Market Street m �. a .. z,, " ` ' '�' 0 - Suite 501 ' iL 1�rJ , t1;:ii � 0 Tf = Philadelphia, PA 19103 800 - 850 -1079 4 1 Jj CUMBERLAND LAND COUN Y `� a 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 JOAN L BOYER vs. No. / 611 B ST ENOLA PA 17025 -1602 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 2847637 19P PPTCPADI J 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 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 Plaintiff, CUMBERLAND COUNTY, PA CIVIL ACTION vs. JOAN L BOYER No. 611 B ST ENOLA PA 17025 -1602 Defendant(s). COMPLAINT Plaintiff TD BANK USA, N.A., claims as follows: 1. The Defendant(s), JOAN L BOYER , 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 $11138.42. 4. Plaintiff declared Defendant(s) to be in default and demands payment of the balance. 2847637 PPTCOCCI WHEREFORE, the Plaintiff, TD BANK USA, N.A., prays for judgment in its favor and against Defendant(s), JOAN L BOYER in the amount of $11138.42, plus costs. Respectfully submitted, One of its Attorneys 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 8, 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. I 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. JOAN L BOYER No. 611 B ST ENOLA PA 1 7025 -1 602 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/). 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 aLithorities. BLATT, HASENMILLER, LEIBSKER & MO C Dated: July 8, 2013 B Mor is ott 2847637 Syretta Martin PPTJCAMI (06/28/2013) IIII 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 an d Sale Agreement "), by and among the Sellers, Target Corporation, a Minnesota corporation (the "Pa ent ") and the Purchaser, and (ii) Target National Bank, as the depositee (in such capacity, the " Denositee ") 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 AUeement "), 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. Assi nment (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 '). , All the Accounts and the Cardho der purchases te ndebtednes s connection related to such Accounts outstanding as of the Closing Date or thereafter effected shall create the relationship of debtor and creditor between the Cardholder and the Purchaser, respectively. 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 I or any proceeds of the foregoing, and (y) the Purchaser shall extend credit directly to Cardholders. (b) Deposit Account Agreement Purchaser all of its rights Depositee 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 Sale 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. Assum tp ion (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. (n) 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 A eement 2 i (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 Pro Agreement 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. Countemarts 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 Headings The Section headings herein are for convenience only and shall not affect the construction hereof. Section 7. Sev_ erabilit_v 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, W'MOUT IN TO ITS CONFLICT OF LAWS PROVISIONS (OTHER THAN SECTION 5 -1401 OF THE GENERAL OBLIGATIONS LAW), OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNER SHALL B DETERMINED IN ACCORDANCE WITH SUCH LAWS. I k 3 I I 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 W TNESS 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.: _ Aa�4- 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 T'tk: Vice President TD BANK USA, N.A., as the Purchaser By: Name. Title: 1788005 -WSMA _ May ASSIGNMENT AND AssUMPTION 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 B Name: S Title: Vice President TD BANK USA, N.A., as the Purchaser By: Name: Title: 1788005- NYCSR07A - MSW AJGNMe rr AND ASSUMPr10N IN WITNESS WHEREOF, the parties hereto have caused this Assi Assumption to be duly executed by their respective officers as of the day. and yearfirst 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 By: S Name: Michael Collins Title: President and CEO ASSIGNMENT AND AssummoN TARGET. *00000- Target Visa Credit Card Account Number: XXXX - XXXX - XXXX - 6157 Account Identification Number: 00021677311 Statement Closing Date: March 20, 2013 JOAN L BOYER Page 1 of 2 Summary of Account Activity Payment Information Previous Balance $11,103.42 New Balance $11,138.42 Payments and Other Credits -$0.00 Minimum Pay Due Purchases and Other Debits +$0.00 y $11,138.42 Cash Advances +$0.00 Payment Due Date 4/17/2013 Past Due Amount $2,308.00 If you would like information about credit counseling services, Fees Charged +$35.00 call 1- 800 - 991 -8433. Interest Charged +$0.00 New Balance $11,138.42 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 Card 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 3/20/2013 Calling will not preserve your billing -error rights Days in Billing Cycle 28 Im portant . Your account has been charged off. This is your final statement. Important Message Please take a moment to read an important update within the documents of this envelope. This contains important information regarding an update in credit card terms and an updated Privacy Policy. Transacti Trans Date Description of Transaction or Credit Location Amount e , (y No payments or credits were received last month. (transactions continued on next page) NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET CARD SERVICES Account Number XXXX - XXXX -XXXX -6157 (I I'I �I I I �I I I I I) 11'1111 lI l Il 1'1'11 TARGETe A imum Payment Due $11 ,138.42 umber New Balance $11,138.42 M NEW PHONE, HOME OR Payment Due Date April 17, 2013 E-MAIL ADDRESS7 Amount PLEASE UPDATE ON TARGET CARD SERVICES Enclosed $ REVERSE SIDE. P.O. BOX 660 170 OFFICE COPY DALLAS TX 75266 -0170 I' 41 111 "'I "II "1 "h JOAN L BOYER 611 B ST ENOLA PA 17025 -1602 1 " 1 "' 1 ' 11 "1"1' III "II' '1'1 "II' 4002771113842111384290777700021677311571 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 c __- 215- 564 -1567 TD BANK USA, N.A. �., c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PEA2S 1835 Market Street, Suite 501 - Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, vs. CIVIL ACTION / _n JOAN L BOYER No. 611 B ST ENOLA PA 17025 -1602 Defendant(s). PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above - captioned matter on behalf of PLAINTIFF 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 8, 2013 B 4MornSc torney Syretta Martin Attorney 2847637 PPTXPEAI 1111111111111111111111 HE 1111111111111111111111111111111111 IN SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff bt F-1 LED-01'r ICE Jody S Smith 00�1 0FTHE FROTHONO IARY Chief Deputy tV 2913 JUL 18 AM 1000 Richard W Stewart Solicitor OFFICE*F V SSH ERIFF CUMBBLAND C00TY PENNSYLVANIA TD Bank USA, N.A. Case Number VS. 2013-3969 Joan Louise Boyer SHERIFF'S RETURN OF SERVICE 07/1512013 05:46 PM-Deputy Jamie DiMartle, being duly swom 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: Joan Louise Boyer at 611 B Street, East Pennsboro, Enola, PA 17025, IE DIMART- , DEPUTY SHERIFF COST: $44.95 SO ANSWERS, July 16, 2013 RbNW R ANDERSON, SHERIFF (c)CountySufte Sheriff,Teleosoft,Inc, Blatt, Hasenmiller, Leibsker& Moore, LLC Attorney for Plaintiff, 4 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. do Blatt, Hasenmiller, Leibsker& Moore, LLC IN THE COURT OF COMMON PLEAS 1 835 Market Street, Suite 501 Philadelphia, PA 1 91 03 CUMBERLAND COUNTY, PA r Plaintiff, -- CIVIL ACTION vs. rs,.) No. 13-3969-CIVIL w -- JOAN L BOYER 611 BST N. ENOLA PA 17025-1602 -• -- Defendant(s). PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly WITHDRAW the Complaint filed in the above-captioned matter, WITHOUT prejudice. Respectfully submitted, BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Dated:July 24, 2013 By: orri cott - etta Martin 2847637 PPTJPWCI I 11INIM 1111111111311111111 11111 11 1 1111 - 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 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION vs. 13-3969-CIVIL JOAN L BOYER 611 BST ENOLA PA 17025-1602 Defendant(s). CERTIFICATION OF SERVICE I, Morris Scott, attorney at Blatt, Hasenmiller, Leibsker and Moore, do hereby certify that I sent a true and correct copy of the PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDICE via U.S. Regular Mail, to the DEFENDANT'S ATTORNEY on 07-26-13. MICHAEL S TRAVIS MICHAEL S TRAVIS ATT AT LAW 3904 TRINDLE RD CAMP HILUPA/1 701 1-4246 A‘diik Morris Scott, Esq. Syretta Martin, Esq. BHLM, LLC 2847637 PPTNCOSI