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HomeMy WebLinkAbout13-5424 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only. Civil Cover Sheet Docket No: ! Cumberland County 2� S 7 � The information collected on this form is used solely for court administration purposes. This form does not su pplement or replace the filinq and service of pleadinqs or other p apers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdict ❑ Declaration of Taking S E Lead Plaintiff's Name: Lead Defendant's Name: PATRICK W BAKER C TD BANK USA, N.A. Are money damages requested? © Yes f_1 No Dollar Amount Requested: ® within arbitration limits (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 PRIMAP,Y CASE. If you are making more than one type of claim, check the one that m you consider ost important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional I]uyer Plaintiff Administrative Agencies 1:1 Malicious Prosecution Debt Collection: Credit Card ❑ Board of Assessment El 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 2871522 PPTXSCPI Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, Morris Scott Attorney I.D. #83587 TD BANK USA, N.A. r- • • ; „� - cif = '(r;,. Syretta Martin Attorney I.D. #309370 f `” P =ROTHON ; 0TAR 1835 Market Street, Suite 501 r j !! Philadelphia, PA 19103 '� I: 32 800 - 850 -1079 CUMBERLANIU GU TY P ENNSYLVANIA 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. j3 SL JI-IV / Cr No. wi PATRICK W BAKER 233 W NORTH ST CARLISLE PA 17013 -2324 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 4 W 63 03.7s� 2871522 PPTCPADI 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 CUMBERLAND COUNTY, PA Plaintiff, F CIVIL ACTION VS. ' No. PATRICK W BAKER 233 W NORTH ST CARLISLE PA 17013 -2324 Defendant(s). COMPLAINT Plaintiff TD BANK USA, N.A., claims as follows: 1. The Defendant(s), PATRICK W BAKER , 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 $5795.01. 4. Plaintiff declared Defendant(s) to be in default and demands payment of the balance. 2871522 PPTCOCCI WHEREFORE, the Plaintiff, TD BANK USA, N.A., prays for judgment in its favor and against Defendant(s), PATRICK W BAKER in the amount of $5795.01, plus costs. Respectfully submitted, One o �ts Attor s— Morris Scott Attorney I.D. 483587 Syretta Martin Attorney I.D. #309370 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 (800) 850 -1079 Dated: September 6, 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. No. PATRICK W BAKER 233 W NORTH ST CARLISLE PA 17013 -2324 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 ce'iify"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, H E MILLER, LEIBSKER & MO E, LLC Dated: September 6, 2013 By: M k rris S Syre a Martin 2871522 PPTJCAMI (06/28/2013) IIIIIII VIII IIIIII (III III IIIIII VIII VIII VIII VIII VIII 11111111111111 IN Exhibit " A " PPTXEXAI EXECUTION COPT' AssIGNMENT AND AssumprioN AGREEMENT This Assignment and Assumption Agreement, dated, as of March 13, 2013 (the " Assig and Assumption is entered into by (i) Target National Bank, a national banking association; Target Receivables LLC, . a Minnesota limited liability company C RLLC and together with Target National Bank, the "Sellers ers " 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 ammng the Sellers, Target Corporation, a Minnesota corporation (the " Parent ') and the Purchaser, and (ii) Target National Bank, as the depositee (in such capacity, the " Deposit ) 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 "Cm it. Card Pro Agree egt '), 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 create 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. (0' Deposit Account.AgLeement (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 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. l (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, 2004, 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. Assume ion (a) Purchase Agregment (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 Exclii,ded 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 Agin —Ment 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- Agmment 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 i accordance with the terms thereof. Section 5. Counterparts This Assignment and Assumption may be executed in two or more counterparts (and by different paitie� bn separate counterparts), each of which shall be original, but all of which together shall constitute one and the same instrument. Section & Effect of Head nits The Section headings here in : are for convenience only and shall not affect the: construction hereof. Section 7., Scverabilitx 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 unpaired threby. Section 8. Goveming 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, PJOH TS AND REMEDIES OF THE PARTIES HEREU tDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS. 3 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) r 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 aibove written. TARGET CORPORATION, as the parent and as the Depositor Name: Sara J. Ross Title: Assistant Treasurer TARGET RECEIVABLES LLC, as a. Seller I ; By.: Name: Sara J. Ross Title; Vice President and Assistant Treasurer "TARGET NATIONAL BANK, as a Seller and the Depositoe By: --- Name: Spencer ohnson Title: Vice President TD BANK LISA, N.A., as the Purchaser B y - Name: Michael Collins Title: President and CEO ASs1GNMF. W AND ASSUMPTION TARGET TM00000* Target Visa Credit Card Account Number: XXXX - XXXX -XXXX -6901 Account Identification Number: 00032692891 Statement Closing Date: July 13, 2013 PATRICK W BAKER Page 1 of 2 Summary of Account Activity Payment Information Previous Balance $5,760.01 New Balance $5,795.01 Payments and Other Credits -$0.00 Minimum Payment Due $5,795.01 Purchases and Other Debits +$0.00 Payment Due Date 8/10/2013 Cash Advances $0.00 Past Due Amount $1,271.00 If you would like information about credit counseling services, Fees Charged +$36.00 call 1- 800 - 991 -8433. Interest Charged +$0.00 New Balance $5 ,795.01 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 7/13/2013 Calling will not preserve your billing -error rights Days in Billing Cycle 30 Im Your account has been charged off. This is your final statement. Transactions Trans Date Description of Transaction or Credit Location Amount tin , Y , 8 slits Anc h rC edt � 02 �a... <5�. :.: +y �.,�c.::« 31 ps .i; _. No payments or credits were received last month. .�3, zx.;'a �i�e3� i..._. u.x.'',:.i''.� v :., :...xwi ,....v:.�" .� $35.00 Jul. 10 LATE PAYMENT FEE TOTAL FEES FOR THIS PERIOD $35.00 (transactions continued on next page) NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION M. _ .._. .. ..., .... INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET CARD SERVICES • S Account Number XXXX- XXXX -XXXX -6901 III` I III I IIIIII IIIIII IIIIIIIIII III Account Identification Number 0 2891 $5,79 TARGETe New Balance $5,795.01 Minimum Payment Due $5 ,795.01 Payment Due Date August 10, 2013 NEW PHONE, HOME OR Amount E—MAIL ADDRESS? Enclosed $ PLEASE UPDATE ON TARGET CARD SERVICES F7= REVERSE SIDE. P.O. BOX 660170 OFFICE COPY DALLAS TX 75266 -0170 lilllllllllrinlllliiiliilliillllllllill��lllllilllilifnu PATRICK W BAKER 233 W NORTH ST CARLISLE PA ; .17013 -2324 lilinnlilllnf rr�; 1, nnlliil�llllllllllliuliilnlliull 2001470579501057950190777700032692891471 i TARGETs *00000* Target Visa Credit Card Account Number: XXXX - XXXX -XXXX -6901 Account Identification Number: 00032692891 Statement Closing Date: July 13, 2013 I PATRICK W BAKER Page 2 of 2 j Transactions (cont.) I 3 �' 2'�t3 Totals�Year io- Date���,�,r� }� Total fees charged in 2013 $235.00 Total interest charged in'2013 $608.35 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account e fi 1an �nhtalRerclfageRat A'PFt �rt�sla y n ' * InteresC'C a arge .. m .. >...... 01 A Yu Purchases 0.00% $5,764.67 $0.00 Cash Advances *' 0.00% $0.00 $0.00 :i There is a Minimum Charge of $1.'00 for any billing period in which an interest charge is imposed. i M .. ... .... ....... . .. ......... ...... .. .. ..... . . .. .._.. ..... ... - _........ -_. ... .. ...... ._. 1. 32692891 i 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. > -'? t 1 - 7 a No. PATRICK W BAKER 233 W NORTH ST c CARLISLE PA 17013 -2324 - Z ZZ -- Defendant(s). =M r :w° M ».T PRAECIPE TO ENTER APPEARANCE cz > TO THE PROTHONOTARY: C:) { 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: September 6, 201P By: Morris Scott Attorney Syretta Martin Attorney 2871522 PPTXPEAI 111111111 I111111111111111111111111111111111111111111111111111 IN SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ' ;,t�rt :atrtbrr Jody S Smith �Qx° ,� Chief Deputy . Richard W Stewart Solicitor =�mc � � St-ERIF- _ TD Bank USA, N.A. Case Number vs. Patrick W Baker 2013-5424 SHERIFF'S RETURN OF SERVICE 10/07/2013 09:21 PM- Deputy Dawn Kell, 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: Patrick W Baker at 233 W. North Street, Carlisle, PA 17013-2324. L)a-LL�71 CT ��YX DAWN KELL, DEPUTY SHERIFF COST: $48.34 SO ANSWERS, October 08, 2013 RON r R ANDERSON, SHERIFF OU1111 ow e SnadE!.To cOso`..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 Plaintiff, CIVIL ACTION vs. No. 2013-5424 -`� _ PATRICK W BAKERA 233 W NORTH ST ; 4 ? CARLISLE PA 17013-232 °a . :3 CD, "=� • � w - PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly ENTER a JUDGMENT BY CONSENT aganist the DEFENDANT in this matter in the amount of $5,795.01 plus costs. Respectfully submitted, BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Dated: October 29, 2013 BY: Morris ott Syretta Martin THIS MESSAGE IS FROM A DEBT COLLECTION FIRM. ANY INFORMATION OBTAINED FROM THIS COMMUNICATION MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. ID.SDpcie)ritzi 2871522 99 iq PPTXCJPI �j 1 1111111111111 Ilia 11111 III 11111111111 11111 IIIN 1111111111111111111 11111 NII p41— q'cp')y ��� ;,,tee TD BANK USA,N.A. IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA vs. PATRICK W BAKER CIVIL ACTION 233 W NORTH ST No. CARLISLE PA 17013-2324 Defendant(s). No. 2013-5424 TO: PATRICK W BAKER 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. PROTHONO ►RY , 6 gl, fe° " (3.)., L? Dated: II 1 1 t 3 By: ;� ,,,,,w)4 a iCato) ' 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 2871522 PPTNDJNI 11111111111111 I11 i 11111111 11111111111111111 11111111111111111111111111111)11 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. 2013-5424 PATRICK W BAKER 233 W NORTH ST CARLISLE PA 17013-2324 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 Plaintiffs 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 are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. BLATT, HASENMILLER, :SKER & MOORE, LLC Dated: October 29, 2013 By: Morris ' •tt Syretta Martin 2871522 PPTJCAMI (06/28/2013) I 1111111 11111111111 I I I I I I I!11111 11111 11111 11111 11111 11111 11111111111111 I I I I Results as of:Oct-29-2013 06:15:35 - Department of Defense Manpower Data Center SCRA 3.0 a f ri ' 4`t' Status Report Pursuant to Servieetnembers Civil Relief Act Last Name: BAKER First Name: PATRICK Middle Name: Active Duty Status As Of: Oct-29-2013 On Active Duty On Active Duty Status Date Active Duty Start.Date Active Duty End Date Status Service Component NA NANo. >, NA This response reflects the"individuala active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty.Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The.Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date - Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received;early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center;based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. yii. 4....')11hilliit t Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 . The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)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 Servicemembers 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 only 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 was on active duty for the active duty status date,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.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date 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). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense 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 Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(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). 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. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). 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 the SCRA extend beyond the last dates of active duty. Those who could 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 last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 05GAV9952085Q20 To: Peg.2 of 3 2013-10-15 17:57:45 GMT 13129245934 From: 15I-4LM Colleotiona • • IN THE COURT OF COMMON PLEAS CUMBBIAND COUNTY, PA • v. •k TD BANK USA,N.A. Plaintiff v. No. 13.5424 PATRICK W BAKER Defendant AGREED JUDGMENT ORDER • Now come the parties hereto,stipulating as follows: 1. That both parties submit to the jurisdiction of this Honorable Court. 2. That judgment is entered by agreement in favor of the Plaintiff, TD BANK USA,N.A.and against the Defendant, PATRICK W BAKER , In the sum of$5,795.01 plus costs. 3. That the Defendant,PATRICK W BAKER ,agrees to pay the judgment as follows: Settlement of$4,798.00 in 12 instalments,the first installment of $1,000.00 due 10-30-13,followed by 10 installments of$345.00 from 11-30-13 through 8-30-14,followed by a final installment of$348.00 due 9-30-14. 4. Checks should be made payable to Plaintiff and mailed, postage prepaid,to the offices of Plaintiff's attorney at BHLM, P.O. Box 5463,Chicago,l linois, 60680-5463. The date of payment shall be evidenced by the postmark on the envelope containing the payment. 5. That execution is stayed agreement outlined in paragraph 3 In the event that Defendant fails to submit any payment on time or for the fun amount,Plaintiff • • shal have the right to vacate the instalment portion of this order and execute on said judgment. 6 The parties agree that acceptance by the Plaintiff of any payment made after it becomes • due shah not constitute a waiver of the timeliness requirement •. .� • that payment, \^, nor any future payment. / 4. ° Defendant(s) Blatt, Hese filler, Lebsker&Moore, LLC Attorneys or Plaintiff _.--- i Defendant(s) BLATT, HASENMILLER,LEIBSKER&MOORE, LLC DATE: /0/c)-(p /!3 Attorney for Plaintiff Attorney No. 125 S.Wacker Dr.,Suite 400 ENTER Chicago, IL 60606 3121704-9440 dlservice@bhknlaw.com THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND THIS IS AN ATTBAPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 2871522 PLTOAGJI Innnlnmmu®®i•niYnlninnimiuimi .iantin EIVED OCT 2 8 2013 dg����� it REC