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Home My WebLink About13-7688 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 flling and service of leadin s or other papers as required by law or rules of court. Commencement of Action: El Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking S E Lead Plaintiff's Name: Lead Defendant's Name: BARTON D BERRY C TD BANK USA, N.A. Are money damages requested? X �s N�] Dollar Amount Requested: ® within arbitration limits 0 (Check one) El outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? Y&] X N❑ 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 ODebt Collection: Credit Card B[alyd of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other BSalyd of Elections ❑ Nuisance Dpt. of Transportation S ❑ Premises Liability S06 tory Appeal: Other E ❑ Product Liability (does not include mass tort) El Employment Dispute: C C3 Slander /Libel /Defamation Discrimination T ❑ Other: ❑ Employment Dispute: Other Zing Board Ol &r: O N E3 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 DBaratory 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 1 11120 2838718 PPTXSCPI Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, k "Try /hF_ Morris Scott Attorney I.D. #83587 TD BANK USA N �' Syretta Martin Attorney I.D. #309370 NO T P, 1835 Market Street, Suite 501 DEC Q Philadelphia, PA 19103 DES Ph' 3: 24 800 - 850 -1079 'I` t h(� "D COUNTY PE 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. �'� V/ V1 No. BARTON D BERRY 171.5 WALNUT BOTTOM RD NEWVILLE PA 17241 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 CJ OJ a1 2838718 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 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 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, CIVIL ACTION vs. No. BARTON D BERRY 1715 WALNUT BOTTOM RD NEWVILLE PA 17241 Defendant(s). COMPLAINT Plaintiff TD BANK USA, N.A., claims as follows: 1 . The Defendant(s), BARTON D BERRY , 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 $4749.39. 4. Plaintiff declared Defendant(s) to be in default and demands payment of the balance. 2838718 PPTCOCCI WHEREFORE, the Plaintiff, TD BANK USA, N.A., prays for judgment in its favor and against Defendant(s), BARTON D BERRY in the amount of $4749.39, plus costs. Respectfully submitted, One f s Att eys Mo ris Sc 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: December 20, 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. BARTON D BERRY 1715 WALNUT BOTTOM RD NEWVILLE PA 17241 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 are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. BLATT, H LLER, LEIBSKER & MOO L Dated: December 20, 2013 By: Morris Scott Syretta Martin 2838718 PPTJCAMI (06/28/2013) 11111111 VIII 111111 1111 III 111111 VIII IIIII 11111111111111111111111111111 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 ` T)gpositee ") 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 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. (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 Sale Agreement (which payment shall be, made by a deduction from the Purchase Price an is su sec o 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 rform the Excluded Liabilities. (u) 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 Agreement 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 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. 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 Headings 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 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- Aa,4-- Name: Sara J. Ross Title: Assistant Treasurer TARGET RECEIVABLES LLC, as a Seller By: 4V 0— /�( , 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: 1788005- NYCSR07A- MSW 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 By: Name: Spencer JWnson Title: Vice President TD BANK USA, N.A., as the Purchaser By: Name: Title: ASSIGNMENT AND AssumyrioN 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 By: Name: Michael Collins Title: President and CEO AssIGNMENT AND Assum rtoN TARGET. °00000= Target Visa Credit Card Account Number: XXXX - XXXX -XXXX -9617 Account Identification Number: 00035736568 Statement Closing Date: February 16, 2013 BARTON D BERRY Page 1 of 2 summary of Account Activity Payment Information Previous Balance $4,714.39 New Balance $4,749.39 Payments and Other Credits -$0.00 Minimum Payment Due $4,749.39 Purchases and Other Debits +$0.00 Cash Advances +$0.00 Payment Due Date 3/13/2013 Past Due Amount $1,078.00 If you would like information about credit counseling services, Fees Charged +$35.00 call 1- 800 - 991 -8433. Interest Charged +$ 0.00 New Balance $4,749.39 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 2/16/2013 Calling will not preserve your billing- error ngt9s Days in Billing Cycle 31 Im portant • Your account has been charged off. This is your final statement. Transacti Trans Date Description of Transaction or Credit Location Amount No payments or credits were received last month. Feb. 13 LATE PAYMENT FEE $35.00 TOTAL FEES FOR THIS PERIOD $35.00 (transactions continued on next page) 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 -9617 Account Iden tification Number TARGET. IIIII III 1 111111 III II I I IIIII III I III New Balance $4, 749.39 Minimum Payment Due $4,749.39 Payment Due Date March 13, 2013 NEW PHONE. HOME OR E -MAIL ADDRESS? Amount PLEASE UPDATE ON TARGET NATIONAL BANK Enclosed $ REVERSE SIDE. P.Q. BOX 660 170 - OFFICE COPY DALLAS TX 75266 -0170 I�llllllllh' �nlhl' ��I" ll' �IIIIIIII�II "IIIII�III'I�Innlllr BARTON D BERRY LOT 37C 5500 LINCOLN WAY E FAYETTEVILLE PA 17222 -1075 1'1'1' I 111'' 11 IIIII' r 'I'I "Ihlllllll'lllll'llllllll "I 2001170474939047493990777700035736568971 TARGETe °00000*' Target Visa Credit Card Account Number: XXXX - XXXX -XXXX -9617 Account Identification Number: 00035736566 Statement Closing Date: February 16, 2013 BARTON D BERRY Page 2 of 2 Transactions (cont.) Total fees charged in 2013 $70.00 Total interest charged in 2013 $90.18 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. •.,. y�'°""tr wua5' ^Sl"' ^n, n �. a �3�ianCeSUt)jeciF_o ,� r g , hype ofalane+ v, l�ntlaal PercenfagRte {1�R�„ .; .M Ir>tert Paife Purchases 0.00% $4,718.90 $0.00 Cash Advances 0.00% $0.00 $0.00 There is a Minimum Charge of $1.00 for any billing period in which an interest charge is imposed. I 35736568 Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, Morris Scott Attorney I.D. #83587 TD BANK USA, N.A. C Syretta Martin Attorney I.D. #309370'„ 1835 Market Street, Suite 501 c:7 M Philadelphia, PA 19103 i 215- 564 -1567 �. ..- TD BANK USA, N.A. 4 � G c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEA'S' t41 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION ` vs. 3 No. Q BARTON D BERRY / 1715 WALNUT BOTTOM RD NEWVILLE PA 17241 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: December 20, 2013 By: Morris Scott Attorney Syretta Martin Attorney 2838718 PPTXPE (11/18/2013) I IIIIIIII VIII IIII IIIIII II IIIIII VIII VIII VIII VIII IIII) VIII III) VIII IIII i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff of Cum be. , Jody S Smith Chief Deputy till 's'' Richard W Stewart a a Solicitor f,,, ,, - . E f =,,F , TD Bank USA, N.A. Case Number vs. Barton D Berry 2013-7688 SHERIFF'S RETURN OF SERVICE 01/10/2014 01:01 PM- Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Karen Berry, wife, who accepted as"Adult Person in Charge"for Barton D Berry at 1715 Walnut Bottom Road, Penn Township, Newville, PA 17241. JE KOLODZI, DEPUTY SHERIFF COST: $55.12 SO ANSWERS, January 13, 2014 RONNY R ANDERSON, SHERIFF ... r as ? ....,. %, I t Blatt, Hasenmiller, Leibsker& Moore, LLC Attorney for Plaintiff, Morris Scott Attorney I.D. #83587 TD BANK USA,N.A. Syretta Martin Attorney LD. #309370 i ' 1835 Market Street, Suite 501 ',3 r. Philadelphia, PA 19103 ' _',FE , `,tr 800-850-1079 • 0 PEI./, SYLVAlifArTt 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. 13-7688-CIVIL BARTON D BERRY 1715 WALNUT BOTTOM RD NEWVILLE PA 17241 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 BARTON D BERRY in this matter in the amount of $4,749.39 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 02-03-14 by regular mail. A true and correct copy of each Notice is attached hereto. Respectfully submitted, BLATT, HASENMILLER, L KER & MOORE, LLC Dated: February 14, 2014 By: Mori'• cott Syretta Martin S2 ,5 2838718 4 6 I " / PPTJPFJI � Q,�� 1 1111111111111 I I I 1 11111 I I 1 111111 11111 11111 11111 11111 11111 1111111111 I I I I I I I 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 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. 13-7688-CIVIL BARTON D BERRY 1715 WALNUT BOTTOM RD NEWVILLE PA 17241 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 are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. BLATT, HASENMI • IBSKER & MOORE, L Dated: February By:14, 2014 B Y Mor • Scott Syretta Martin 2838718 PPTJCAMI (06/28/2013) 1111111 11111111111 I I I I I I 1 111111 11111 11111 11111 11111 11111 1111111111 I I I I I I I I Department of Defense Manpower Data Center Results as of:Feb-14-2014 07:08:19 AM SCRA 3.0 ��i are f, Pursuant to Servicernembers Civil.Relief Act Last Name: BERRY First Name: BARTON Middle Name: Active Duty Status As Of: Feb-14-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'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,NOAA,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. )61 )4. . 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: C7R94028T096JC0 TD BANK USA, N.A. Plaintiff, IN THE COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY, PA BARTON D BERRY CIVIL ACTION 1715 WALNUT BOTTOM RD NEWVILLE PA 17241 No. 13-7688-CIVIL Defendant(s). TO: BARTON D BERRY Date of Notice: February 3, 2014 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 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 267-2032 BLATT, HASENMILLER IBSKER & MOORE, LLC By: Morris S Syretta Martin 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 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. 2838718 PPTNLRSI 11111111111111 II 1111111111111111111111111111111111111111111111111 TD BANK USA,N.A. IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA vs. BARTON D BERRY CIVIL ACTION 1715 WALNUT BOTTOM RD No. NEWVILLE PA 17241 Defendant(s). No. 13-7688-CIVIL TO: BARTON D BERRY 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. viodip PRO NO Y 4b Dated: D\ l\19 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 2838718 PPTNDJNI 11111111111111111111111 I 111111111111111111111111111111111111111111111I 1 1111