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HomeMy WebLinkAbout05-3387COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT C'umb -lahciC NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. N o? Ap.EL?AxT - - _- _.- Dtscuve?' K , by fts Gu?.?r L7isutlse.^ ?nane,iz.1 - Q rcira-I Al. C'ec?cu Ci^est_&144, 411ev7 ?cx,,r? , f?a ! 8105 ExT -- -7/0 5 l7N?sGUW?{nLvlsccavet ?nane,c+ltRn/ey 173- ??eiyy??e? 4x ATU Rc OR x. p[LIA Op v [ iEV OR A4ENT Cv 2w 119 - i LT 20 - --- ----------- ---- This black wi71 be signed ONLY when this notation is requ R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Jushce, a SUPERSEDEAS to the judgment for possession in this case. NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ( L 7 // - "' If appellant was Claimant (see Pa. R. C. P. J, P. I rate as No. 1007(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 7001(7) in action before District Justice. IF NOT USED, detach frorn copy of notice of appeal to be served upon appe(leeL PRAECIPE: To Prothonotary Enter rule upon , appellee(s I, to file a complaint in this appeal Name of appellees) (Common Pleas No. _ I within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To - , appellee(s) Name of appellees) (1 ) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: 20 Signature of Prothonotary or -1 COURT FILE TO BE FILED WITH PROTHONOTARY `'tK l>ilr +'il •?-elf ?.°`. L_ ?•}r- t.... r'_( _ ? F? pp ii t? ?5 t t ... F... _ t? rvSa?t.>?7? 64tbt V { {} I',[_C" {ItiJ"I..c:tY tf V ?bt COMMOMNEALT`.+ OF PCNNISYLVANiA COUNTY OF AFFIDAVIT: i rtr b a "a` n ailmn ui,? , scr,ed Ss n copy nt the Not,ce of Atrpeal. Common Pdeas No -_- _---• upon the D n ct Jo e, oes rfr aw! lda he of 20 _. _. 1 by y sor.al Serv+c? Uy'a'n nf <<n 1 most' e(; 1 m,i •?.. 1,P1 111,11'11E (I vertu mdupon he eppr ho, Owo>) 20 1 by c r tr rMwd)b"yo -(t' mad,SCMI&V Pcoo,0+,uned tu. re") and furrhei Char i se?ve.d the Rje in 111 z Comulaint a MUMPany?Pq tine abuve Nut•cc of Arg"ai upon ,R+ „pf:.InAI to vhorn the Rule :,ds addressod on 20 _ by no' sona ,u vCO -7?iy (? rye F?(rpip,t rr-,+' mu;i, scndtr's receipt attoched ho Cto. C _ T L. = t14 } _r WJ HN fA IRMLFl .j ANU C 1,35 •( t , . Hi t r rE t;',F To t? ` FFq THIS (JAY OF r• rl 1 .L7 _ -S?grd fam.f • r y X, I gnal urr n7 olrcu Ur.Vo?< r?hom a?rydavr! wos nrede rn trr rf a/fcw! ? {U Ay t,Un?'Cliti?if) t CXpirls oh '?'- ' G 1 F V l G\1 COMMONWEALTH OF PENNSYLVANIA rni inrry nF? CUMBERLAND .. Map! Disc No.: 09-3-04 MDJ Name. Hon. ' THOMAS A. PLACEY Addess_ 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone. (717 ) 761-8230 .17050 DISCOVER BANK/DISCOVER Pi SRVC. C/O J. PEREIRA 101 N. CEDAR CREST BLVD. ALLENTOWN, PA 18104 NOTICE OFCND CASE /TRANSCRIPT PLAINTIFF: NAME and ADDRESS FDISCOVER BANK/DISCOVER PNCL. SRVC.? C/O J. PEREIRA 101 N. CEDAR CREST BLVD. LALLENTONN, PA 18104 J vs. DEFENDANTi NAME and ADDRESS FDEIMLER, STANLEY M 1147 LAMBS GAP ROAD MECHANICSBURG, PA 17050-1917 L -I Docket No.: CV-0000119-05 I Date Filed: 3/14/05 v THIS IS TO NOTIFY YOU THAT: Judgment: AU LT _uDaMMIT nxp ® Judgment was entered for: (Name) nyTxT i ,_STawrr xY M ® Judgment was entered against: (Name) nrscreVE13 AANglDTACOVER FNCL. Q in the amount of $ no on: (Date of Judgment) ii/47/nF ? Defendants are jointly and severally liable. (Date & Time) ? Damages will be assessed on: ? This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ . 00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total ----- $ ------ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS. AFTER THE ENTRY OF JUDGMENT BY. FILING A. NOTICE .. OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Z Date_ , Magisterial District Judge I certify that this is a true ad NY ? ?oceedings containing the judgment. Io 21 1 -6 Date Magisterial District Judge My commission expires first Monday of January, 2010 . SEAL AOPC 315-05 DATE PRINTED: 6/27/05 10:53:41 AM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, BY ITS AGENT, DISCOVER FINANCIAL SERVICES, INC., CIVIL ACTION Plaintiff CASE NO.: r,)S_ -33Y7 4;a 'jjw W VS. STANLEY M. DEIMLER, Defendant NOTICE 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 IS 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 1:OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE 4TH FLOOR CARLISLE, PA 17013 (717) 240-6300 DOUGLAS M. MARINOS & ASSOCIATES. P.C. rge : ereira, Esquire Att. . #75242 Aftomey for Plaintiff 101 N. Cedar Crest Boulevard Allentown, PA 18104 (610) 434-2814 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, BY ITS AGENT, DISCOVER FINANCIAL SERVICES, INC., Plaintiff CIVIL ACTION :CASE NO.: 05__ V5. STANLEY M. DEIMLER, Defendant COMPLAINT 1. Plaintiff, Discover Bank, By Its Agent, Discover Financial Services, Inc., ("Discover") is a banking institution with an address of 3311 Mill Meadow Road, Hilliard, OH 43026. 2. Defendant, Stanley M. Deimler, is an adult individual with an address of 1147 Lambs Gap Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Discover issued the Defendant a credit card subject to the terms oi the Cardmember Agreement ("Cardmember Agreement"). A true and correct copy of the Cardmember Agreement is attached hereto, made a part hereof and marked as Exhibit "A". 4. Defendant has incurred charges for purchases, cash advances and/or finance charges in the amount of TWO THOUSAND THREE HUNDRED EIGHTY-FOUR and 42/100 DOLLARS ($2,384.42) as of June 30, 2005. 5. Defendant's obligations are based on a subsisting debt, were in writing and arise from a preexisting account. 6. Defendant is liable to Discover on this debt as an account stated. 7. Defendant has defaulted on his obligation to make payments to Discover by failing to make any payments from and after November 4, 2004. 8. Pursuant to the Cardmember Agreement, Discover may declare all amounts due under the Cardmember Agreement immediately due and payable without notice or demand. Under the Cardmember Agreement, Defendant is required to pay all the attorney's fees Discover incurred in exercising its right to collect, which Discover anticipates to be in the amount of FIVE HUNDRED and 00/100 DOLLARS ($500.00). 10. As of June 30, 2005, Defendant is indebted to Discover under the Cardmember Agreement in the amount ofTWO THOUSAND THREE HUNDRED EIGHTY-FOUR and 42/100 DOLLARS ($2,384.42), plus interest accruing from and after June 30, 2005 at the per annum rate of 6%. WHEREFORE, Discover demands judgment against the Defendant in the amount of TWO THOUSAND EIGHT HUNDRED EIGHTY-FOUR and 42/100 DOLLARS ($2,884.42) (comprised ofreal debt in the amount of TWO THOUSAND THREE HUNDRED EIGHTY-FOUR and 42/100 DOLLARS ($2,384.42) and anticipated attorney's fees in the amount of FIVE HUNDRED and 00/100 DOLLARS ($500.00)) plus interest from and after June 30, 2005, at the per annum rate of 6% and costs of suit. DOUGLAS M. MARINOS & ASSOCIATES, P.C. By: Al AO. #75242 Attorney for Plaintiff 101 N. Cedar Crest Boulevard Allentown, PA 18104 (610) 434-2814 CARDMEMBER AGREEMENT Please read this Agreement carefully before using your Discover Card Account. It contains t terms and conditions of your Account, some of which may have changed from earlier materi? provided to you. In the event of any differences, this Agreement shall control. AGREEMENT TERMS. The word "Account" means your Discover Card Account. The word "Card" means any one or more Dis- cover Caras issued to you or someone else with your authorization. The ;words "you'', "your', or "yours" refer to, in addition to you. the Cardmember, any other person or per- sons who are also contractually liable under this Agreement. The :vords ".ve", "us" and "our" refer to Greenwood Trust Company, the issuer of your Discover Card. ACCEPTANCE OF AGREEMENT. The use of your Account or a Card, by you or anyone whom you authorize or permit to use your Account or a Card, means you accept this Agreement. USE OF YOUR ACCOUNT. Your account may be used for: . • Purchases - to purchase or lease goods or services from NOVUSO Network mer- chants by presenting your Cara or account number. • Cash Advances - to obtain cash advances at NOVUS Cash Networks automated teller machines, from participating financial in- stitutions or other locations, or by means of checks which we may furnish to you, all in accordance with such additional terms and conditions as may be imposed from time to time. • Balance Transfers - to transfer balanc -from other credit card accounts by meal of balance transfer coupons or checks, accordance,vith such additional terms ar conditions of offers that are made fro time to time. In addition, your Account may be used guarantee hotel reservations at participa ing establishments. You will be liable f guaranteed reseriations that are not ca celed prior to the time specified by tf establishment. You agree that you will only use your A count for personal, family, household ar charitable purposes. YourAccountmayn be used for business or commercial PL poses or to obtain loans to purchase, car or trade in securities. In addition, your A count may not be used to pay any amou you owe under this Agreement. Pdorto use, each Card must be signed by the p son to whom it is issued. We are r responsible for the refusal of anyone to cept or honor a Card or to accept chec that we have provided you. You must turn any Card or unused checks to us up request. AUTH013IZED CARD USERS. If youwani cancel the authorized or permitted use your Account by another person, you m notify us in writing or by telephone and stroy any Card in that person's possessi None of your rights under this Agreem bother than to pay amounts ov;ed) may be exercised by any person not a party to this Agreement acting pursuant to a power of attorney, :vithout our separate iritten agree- ment (which we are not obligated to give). LIABILITY FOR UNAUTHORIZED USE. If a Card is lost or stolen, or if you think that someone is using your Account or a Card without your permission, notify us immedi- ately. You can notify us by telephoning 1-800-DISCOVER (1-800-347-2683), or by writing DISCOVER CARD, PO Box 15156, Wilminoton. DE 19886-1002. You may be liable for the unauthorized use of a Cara or your Account. You will not be liable for un- authorized use that occurs after you notify us, by phone or in writing, of tha-ioss, theft, or possible unauthorized use. In any case, your liability will not exceed S50.00. CREDIT LIMIT. We will advise you of your credit limit. We may increase or decrease your credit limit from time to time. You agree not to exceed or attempt to exceed your credit limit. You will exceed your credit limit if you allow your unpaid balance, including Finance Charges and fees, to exceed your credit limit. Your credit limit will not include the amount of any credit balance in your Account. PROMISE TO PAY. You agree to pay us in U.S. Dollars for all purchases, cash advances and balance transfers including applicable Finance Charges and other charges or fees, incurred by you or anyone you authorize or permit to use your Account or a Card, even if you do not notify us that others are using your Account or a Card. We will convert purchases and cash advances made in a foreign currency to U.S. Dollars at a rate existing on the date of conversion. If you pay us in other than U.S. Dollars, we n refuse to accept the payment or charge y Account our cost to convert your paym to U.S. Dollars. All checks must be dra on funds on deposit in the U.S. If your Account is a joint Account, eact you agrees to be liable individually jointly for the entire amount owed on y Account. We can accept late payments partial payments or checks and money ord marked "payment in full" or with any of restrictive endorsement without losing of our rights under this Agreement. MONTHLY BILLING STATEMENT. We 1i send you a billing statement after ee monthly billing period in which you hav debit or credit balance of $1.00 or more. 1 billing statement will show all purchas cash advances, balance transfers, Fnar Charges and other charges or fees and payments or other credits posted to yi Account during the billing period. It show your New Balance, Minimum Paym Due and Payment Due Date. MONTHLY PAYMENT OPTIONS. You r at any time pay the entire New Bala. shown on your billing statement, but e month you must pay at least the Minim Payment Due. All payments must be ma or delivered to us in Delaware at PO 6011, Dover, DE 19903-6011 or by u., the envelope enclosed with such statem All payments and other credits will be app as determined in our discretion. We rest the right to apply payments and other cre to balances subject to lower Annual Perc age Rates, such as special rate bale transfers, prior to balances subject to hi. Annual Percentage Rates. MINIMUM MONTHLY PAYMENT. The Mini- mum Pa,'vment Due each month vwiil be the sum of any amount past due and the mini- mum monthly payment. The minimum monthly payment each month will be the greater of 510.00 or an amount equal to 1/ 48th of the New Balance, rounded to the next higher whole dollar amount. However, if the Ne:w Balance is less than 510. the minimum monthly payment wiil be the amount of the Nev., Balance. You can pay ahead. i ne Mini- mum Payment Due for each monthly billing period will be reduced by the amount you have paid in excess of the i?rlinimum Payment Due in any of the three previous monthly bill- ing periods, less any portion of the excess already used to reduce payments. However, there will be no reduction if you have ex- ceeded your credit limit; or you have paid the entire Nevi Balance shown on your billing statement. There will also be no reduction if your Account is not current, has not gener- ally been paid in an acceptable manner or is otherwise not in good standing. CREDIT BALANCES. We :viii refund any credit balance :within seven business days from receipt of your written request. If you do not request a refund, we will automati- cally refund credit balances greater than $1.00 which remain in your Account after two billing periods. BALANCE TRANSFERS. We may periodi- cally offer you the opportunity to transfer balances from other credit card accounts to your Account. Each offer will contain an initial special rate, which will be the Annual Percentage Rate thatwill apply to transferred balances for the time period specified in the offer. After the expiration of this time pe- riod, the Annual Percentage Rate that applies for purchases will apply to transferred ba ances. Balance transfers subject to the initi special rate are referred to as special ra balance transfers; balance transfers for whic the initial special rate has expired are referrE to as purchase rate balance transfers. Each offer will contain an expiration date. you attempt to transfer balances by mear of a check after the expiration date, we w treat the transaction as a cash advance. V will not make balance transfers attempted t means of a coupon after the expiration dat PERIODIC FINANCE CHARGES. Except explained below, Periodic Finance Charg( are imposed on purchases, cash advance and balance transfers from the date tl transaction occurs to the date of repaymer If the transaction is posted to your Accou after the close of the billing period in whi( it occurs, we will treat the transaction having occurred on the first day of the bi ing period in which it is posted to yo Account. We will assess Periodic Finan Charges as follows: (1) Current Billing Period Periodic Finance Charges are impos for the current billing period on pi chases, cash advances and balan transfers unless you paid, by the Pc ment Due Date, the New Balance shoe on your previous billing statement. 1 compute Periodic Finance Charges ea day by multiplying your daily balanc of purchases, cash advances and b ance transfers by the applicable Dc Periodic Rates. Only special rate t ance transfers are included in the dg balance of balance transfers; purch; rate balance transfers are included in daily balance of purchases. At the end of the billing period, v)e add uo the results of these daily calculations fo determine your Periodic Finance Ch arses for the billing period. - For purchases, the daily balance is cal- culated on each day by first adding the following to the previous day's daily balance: purchases made that day, fees charged that day (with the exception of Transaction Fee Finance Charges) and Periodic Finance Charges charged on the previous day's daily balance: and by then subtracting any credits and payments that are applied against the balance of purchases and purchase rate balance transfers on that day. On the first day of the billing period we also add to the balance those balance transfers that become purchase rate balance transfers on that day. For cash advances, the daily balance is calculated on each day by first adding the following to the previous day's daily balance: cash advances made that day, Transaction Fee Finance Charges for cash advances made that day, and Peri- odic Finance Charges charged on the previous day's daily balance; and by then subtracting any credits and payments that are applied against the balance of cash advances on that day. For balance transfers, the daily balance is calculated on each day by first adding the following to the previous day's daily bal- ance: balance transfers made that day and Periodic Finance Charges charged on the previous day's daily balance; and by then subtracting any credits and payments that are applied against the balance of balance transfers on that day. On the first day the current billing period,ve also subtra from the balance those balance transfe that become purchase rate balance tran fers on that day. (2) Previous Billing Period Periodic Finance Charges are imposE for the previous billing period o,l pr vious billing period purchases, ca; advances and balance transfers unle: Periodic Finance Charges were alreac imposed for that billing period, or yc paid the Ne'v Balance shown on yoi previous billing statement by the Payme Due Date. To compute these charges, v, use the same method of calculatie that we use in calculating the Period Finance Charges for the current billin period, as described above, except th the applicable Daily Periodic Rates ai applied to daily balances of purchase cash advances and balance transfersfi each day of the previous billing perio These daily balances are also computE as described above, ,vith the "previoi day's daily balance" considered to hal been zero on the first day of the biilii period. (3) Daily Periodic Rates and Annual Percei age Rates The Daily Periodic Rates applicable purchases and cash advances for t current billing period and the previo billing period are based on the Anni Percentage Rate in effect for each billi period as determined below. The Da Periodic Rates for each billing period; 1/365th of the Annual Percentage Ra in effect for the billing period. The Ann Percentage Rate for purchases may be changed based on charnezs in the rate level for vihich you qualify, as ex- plained below. The Annual Percentage Rates are deter- mined in part by the Prime Rate. For purposes of this Agreement, the Prime Rate is the highest rate cf interest listed as the "prime rate" in the monev rates section of The Nall Street Journal on the !ast business day of the month. When the Prime Rate changes, the Annual Percentage Rates ;rill change beginning on the first day of the first billing period which begins in the cal- endar month following the change in the Prime Rate. Increases in the Prime Rate may cause the Daily Periodic Rates, Periodic Finance Charges and Minimum Payment Due each month to increase. The Prime Rate is merely a pricing index and does not represent the lowest or best interest rate available to a borrower at any particular bank at any given time. (4) Annual Percentage Rate for Purchases We may have offered you an introduc- tory rate on purchases. The introductory rate is the fixed Annual Percentage Rate that will apply to purchases for the time period specified in the offer. After expi- ration of this time period, the Annual Percentage Rate for purchases will be as described below. The two Annual Percentage Rates that generally apply to purchases are the Best Rate and the Standard Rate. The rate level for which you qualify is based on the total amount of purchases that you make during an annual period, as ex- plained below. Purchases which cc pose this annual total are sometir referred to as qualified purchases. make certain appropriate adjustment qualified purchases in respect of count activity (e.g., a credit issued f( returned purchase). You will qualify for and receive the E Rate until your first Anniversary D subject to Subsection (6) below. refer to the date that is the last day the twelfth billing period after your, count seas opened, and each ann anniversary of that date, as your Ar versary Date. On each Anniversary D, subject to Subsection (6) below, we1 determine your rate level based on tc qualified purchases for the preceding billing periods. You will qualify for Standard Rate if total qualified p chases are less than $1000.00, and Best Rate if total qualified purchases $1000.00 or more. The new rate IE will apply to purchases (including outstanding purchase balance) bec ning on the next day and through y next Anniversary Date, subject Subsection (6) below. The Best Rate is an ANNUAL PERCE AGE RATE of Prime Rate plus percentage points, with a minimun 12.9%. The Standard Rate is an ANN! PERCENTAGE RATE of the Prime Rate 8.9 percentage points, with a minimui 19.8°/x. The Daily Periodic Rates and responding Annual Percentage Rate effect on the date this Agreement is nished to you are set forth in the ench "Additional Disclosure" or card carrii (5) Annual Percentage Rate for Cash Advances The ANNUAL PERCENTAGE RATE for cash advances, subject to Subsection (6) below, is the Prime Rate plus 8.9 per- centage points, 1,vith a minimum of 19.80,10. The Daily Periodic Rate and cor- responding Annual Percentage Rate in effect on the date this Agreement is fur- nished to you are set forth in the enclosed "Additional Disclosure" or card carrier. (6) Rate Disqualification If as of the and of any billing period, in- cluding a billing period ending on an Anniversary Date, you have failed to make the Minimum Payment Due by the Payment Due Date in that billing period, and you failed to make the Minimum Payment Due by the Payment Due Date in the preceding billing period, you will be disqualified for the rates described in Subsections (4) and (5) above. If this occurs, your ANNUAL PERCENTAGE RATE for purchases and cash advances will change to the Prime Rate plus 13.9 percentage points, with a minimum of 19.8%. This rate level will apply to your Account (including outstanding bal- ances) beginning on the next day and through your next Anniversary Date. However, if at the time you are subject to an introductory rate or a special rate :balance transfer rate, the rate on the bal- ances subject to the introductory rate or the special rate balance transfer rate will not change until the expiration of the introductory or special rate balance transfer rate period. The Daily Periodic Rate and correspond- ing Annual Percentage Rate in effect on the date this Agreement is furnished you are sat fcrfh 17 the enclosed "Ad tionai Disciosure' or card carrier. (7) Annual Percentage Rate for Balan Transfers T 'he Daily Periodic Rate and correspor ing Annual Percentage Rate in effect special rate balance transfers will be ,4 forth in the offer from us under whi you make the balance transfer. As in cated in the Balance Transfers Secti above, purchase rate balance transfe will be subject to the Daily Periodic R? and corresponding Annual Percenta Rate that apply to purchases. If you i ceived an offer prior to your receipt this Agreement, the Daily Periodic Rat and Annual Percentage Rates in effE on the date this Agreement is furnish to you are set forth in the enclosed "A ditional Disclosure' or card carrier. TRANSACTION FEE FINANCE CHARGE We will charge you a Transaction Fee Finan Charge of 2.5% of the amount of each rn cash advance. There is a minimum Trar action Fee FINANCE CHARGE of $2.00 a no maximum Transaction Fee FINAN CHARGE. The imposition of Transaction f Finance Charges may result in an Ann Percentage Rate for cash advances thal higher than the nominal Annual Percent Rate. All forms of cash advances, incli ing the use of Discover Card checl regardless of the purpose for which us are subject to Transaction Fee Finar Charges. To obtain the total Finance Cha on cash advances for each billing peri we add any Transaction Fee Finance Chan for the billing period charged underthis s tion to any Periodic Finance Char( - -calculated under the Periodic Finance Charges section above. MINIMUM PERIODIC FINANCE CHARGE. We will charge you a minimum Periodic FI- NANCE CHARGE of 5.50 for any billing period in which some Periodic FINANCE CHARGE of less than 5.50 vrould otherviise be imposed. RETURNED CHECK FEE. We will charge you a Returned Check Fee of 515.00 each time you pay us with a check that is returned un- paid. This fee will also apply if a debit transaction to a deposit acccunt from vihich you have authorized us in writing to peri- odically deduct all or a part of an amount you owe us Lind erthis Agree,:,ent is returned unpaid. LATE FEE. We will charge you a Late Fee of $20.00 each time that, as of the 10th day following a Payment Due Date, you have failed to make a required payment. RESEARCH FEE. We may charge you a Re- search Fee of 55.00 for each copy of a billing statement or sales slip that you request. However, we will not charge a fee if you re- quest copies in connection with a billing error. OVERLIMIT FEE. We will charge you an Overlimit Fee of $20.00 each time that, as of the close of a billing period, you have exceeded your credit limit. This fee maybe charged even if the transaction which causes you to exceed your credit limit-is authorized by us or if you exceed your credit limit due to the posting of finance charges or fees to your Account. DEFAULT-ACCELERATION-COLLECTION COSTS. You are in default if you become - insolvent, if you file a bankruptcy peti or have one filed against you, if we hal reasonable belief that you are unable or willing to repay your obligations to us, if are declared incompetent by a court or court appoints a guardian for you or a c servator for your assets, if you die or if fail to comply with the terms of this Agi vent, including failing to make a reau payment when due or exceeding your cr limit. If you are in default we may also clare the entire balance of your Acco immediately due and payable without tice. If vie refer the collection of y Account to an attorney, we may charge reasonable attorneys' fees and court orol collection costs as permitted by law anc actually incurred by us. CANCELLATION. You may cancel your count by notifying us in writing or telephone and returning or destroying ery Card and unused check that we h provided you. Of course, you will still responsible to pay any amount you ow( according to the terms of this Agreem If your Account is a joint Account, eac you may cancel your Account. Wemayc cel or suspend your Account at any t without notice. We may choose not tc new your Account (beyond the expira date shown on the face of a Card) wits notice. PRIVACY. We may investigate your cr employment and income records and v your credit references. We also may re to credit reporting agencies and otherc tars the status and payment history of Account including negative credit infoi tion. We normally report to such c reporting agencies each month. We wi releasethis information about your Account to any other parrs .vithout your prior virit- ten permission or legal process. Hol.vever. if you are in default, you violate the terms of this Agreement or you file a bankruptcy pe- tition or have one filed against you. vie may release information about your Account to third parties who may assist us in enforcing our rights under this agreement. We may also include your name and address and other identifying information on lists of Cardmembers furnished to companies sell- ing products or services that may be of interest to you. Our supervisory personnel may listen to or record telephone calls be- tween you and our representatives in order to evaluate the quality of our service to our Cardmembers without notice to you. We may use automated telephone equipment or prerecorded telephone calls to contact you about your Account. CREDIT AUTHORIZATIONS. Certain pur- chases and cash advances will require our authorization prior to completion of the transaction. In some cases, you may be asked to provide identification. If our au- thorization system is not working, we may not be able to authorize a transaction. We will not be liable to you if any of these events happen. CHANGE OF TERMS. We may change any term or part of this Agreement, including any finance charge rate, fee or method of computing any balance upon which the fi- nance charge rate is assessed, by sending you a written notice at least 30 days be- fore the change is to become effective. Vk may apply any such change to the out- standing balance of your Account on the effective date of the change and to new - charges made after that date. if you c not agree to the change, you must notf us in writing within 30 days afterthe mai fng of the notice of change at the addres provided in the notice of change, in whir case your Account will be closed and yo must pay us the balance that you owe u under the existing terms of the unchange Agreement, Otherwise, you will hay agreed to the changes in the notice. Us of your Account after the effective date r the change will be deemed acceptance r the new terms-as of such effective dati even if you previously notified us that yo did not agree to the change. CHANGE OF ADDRESS. If you change yon address you must notify us of your ne, address within 15 days. ASSIGNMENT OF ACCOUNT. We may sel assign or transfer your Account or any poi tion thereof without notice to you. You ma not sell, assign or transfer your Accoui without first obtaining our priorwritten cor sent. GOVERNING LAW. This Agreement will l: governed by the laws of the State of Del; ware and applicable federal laws. If ai part of this Agreement becomes unenforc able, it will not make any other pa unenforceable. Greenwood Trust Company DISCOVER CARD 8 Vice President TERMS AND CONDITIONS The Cashback Bonus Terms and Conditions are not a part of the Cardmember Agreement. 1. Cashback Bonus is an amount denominated in ?,viil have the opporunir, to receive the Cashb dollar and cents which may be earned by Dis- Bonus in acash equivalent (i.e., checkorcredi cover Card Cardmembers by using their Discover the Cardmember's Discover Card Account). Card for purchases. Cashback Bonus is not earned part of the award method, the Cardmember n for cash advances or balance transfer. Cashback have the oeoortunihl to make an election or Bonus is subject to these terms and conditions ,exercise a choice as to the manner in which and is subject to change ;;ithout notice. Cashback Bonus is arrardad ?r the award Cashback Bonus is subject to disquaiification deemed. ine failure to make such election prior to being a,,arded in the circumstances de- choice on a timeiy basis may result in the ex scribed belo;v. cise of default options cr in the aisqualificati 2. Cashback Bonus is caicu!ated based on an an- of the Cashback Bonus a,rard. It is t dual period corresponding to isle Ca"romembers Cardmemberrs resoonsibiliN to notify Disco anniversary year. ine first anniversary year be Cardin the event a Cash back Bonus award is gins on the date the Card is issued and ends on received for any reason. the last day of the N ve!fth monthly billing period Cardmember ; ave no right to accrued t ,vhich follovis. each successive anniversaryyear unawarded Cashback Bonus amounts; if an E is the approximate one-fear per;'od comonsed of count is closed for any reason prior to t the next Melve monthly billing periods, anniversary date, any accrued Cashback Bon 3. ; ne amount of Cashback Bonus is ca!cu!ated by will be for eited. multiplying each purchase by: 5. Presently, Cashback Bonus is awarded by mea • 25% (.0025), if the purchase is par of the first 51,000 of (i) a credit to Account, if the amount is iE in purchases during the aiiniversapi year. than $2.00 and (ii) a check mailed to 1 • K o (.0050), if the purchase is car of the second 51,000 in purchases during the anniversary year. Cardmember (by either first class or third c± mail), if the amount is 52.00 or greater. a .75% (.0015), if the purchase is part of the third 6. Cashback Bonus is awarded to Cardmember: good standing at the time of the awa $1,000 is purchases during the anniversary year, Cardmembers who are delinquent at the fimE a 1.0% (.01), if the purchase is part of the purchases the award may, at the option of Discover C? in excess of $3,000 during the anniversary year. have their Cashback Bonus applied automatic The total of such calculations for each anniversarv as a credit to their Account. year is the amount of Cashback Bonus which will be 7. In the event a Card is lost or stolen, the amour awarded as described below. The cafculation begins the amount of qualifying f Cashback Bonus ?aain with the beginning of each anniversari year. . chases and the anniversary date from the The Cardmember's monthly billing statement will show the amount of Cashback Bonus and total pur- Account are transferred to the new Account. chases through the date of the statement for each 8. Discover Card reserves the right to make apf anniversary year, poate adjustments to Cashback Bonus amot in respect of Account activity (e.g., a credit t( 4. Cashback Bonus is awarded shortly after each Account in respect of a prior purchase will re anniversary year. The exact method of award may in a reduction of Cashback Bonus). change from year to year, but the Cardmember CBMIN CASHBACK BONUS'S CERTIFICATE OF INSURANCE Allstate Life Insurance Company (herein called "Allstate") has issued Master Policy No. 64401303 to Greenwood Trust Company (herein called "Policyholder') vrhich provides Travel Accidental Death insurance for Cardmembers of the Policyholder and their eligible family members. Note Florida residents: T ne beneiiis of tine policy providing your coverage are govemed primamy by the la,i of a State other than Ficrida. DEFINITIONS "Insured Person" means a Discover Cardmember in good standing; and the follow- Ing dependents of the cardmember: the spouse of the cardmember if a resident of the same household; and each unmarried child, includ- ing stepchildren and adopted children, not more than 19 years of age (23 if a full-time student), ,ho is dependent upon the cardmember for support and maintenance. In no event will the same person qualify as an Insured Person under more than one Discover Card. Coverage for any handicapped child will not terminate solely by reaching the limiting age. Coverage will continue if the child is and continues to be both (1) incapable of self-sustaining employ- ment because of mental retardation or physical handicap and (2) chiefly dependent upon the cardmember for support and maintenance. "Injury or Injured" means bodily injury caused by an accident occurring while the insurance is in force forthe Insured Person and which injury results, within 365 days of the accident, directly and independently of all other causes, in death. FLIGHT ACCIDENTAL DEATH INSURANCE Allstate will pay the applicable Accidental Del benefit amounts for injury sustained by Insured Person while occupying an aircrafta farepaying passenger when fare is charged advance, and not as a pilot or crew memb 'The aircraft must be provided and operated a duly licensed common carrier for regu passenger service. BENEFIT AMOUNT Accidental Death Benefit when Insured Perso full air fare is charged in advance to the D cover Card Account: 5500,000. EXCLUSIONS Accidental Death Benefits are not payable i deaths caused by: 1. suicide while sane or insane; or 2. declared or undeclared war or any , thereof. TERMINATION OF COVERAGE The insurance on each Insured Person automatically terminate at 12:01 a.m. on date that they no longer fulfill the requireme of an I nsured Person as defined, or upon ter nation of the Master Policy. Termination s be ,vithout prejudice to any claim original prior to the effective date of termination. GENERAL PROVISIONS BENEFICIARY: Unless otherwise specifiec the Cardmember, any sum due underthe pc for loss of life of an Insured Person will be p ALLSTATE LIFE INSURANCE COMPANY "Occupying" means riding in or upon orent . , Home Office - Northbrook, Illinois Ing into or alighting from. I. to the Caramember, if living, otherwise; 2. to the spouse of the Cardmember, if living, otherwise: 3. equally to the then living lawful children of the Cardmemberincluding stepchildren and adopted children, if any, otherwise: 4. equally to the Cardmember's parents or parent then living, otherwise; 5. to the estata of the Caramember. CHANGE OF 6ENEFiCIARY: The Cardmember may change the beneficiary at any time by writing to AI(state. Once the change is recorded by Allstate it %viil take effect as of the day the request was signed, subject to any claim payment made before such recording. The consent of the beneficiary is not needed for the change. HOW TO REPORT A CLAIM: 411ri en notice of claim must be given to Allstate at its Home Office within six months afterthe occurrence of any loss covered by the Policy, or as soon as reasonably possible. Notice given by or on behalf of the claimant or the beneficiary with information suffi. cient to identify the Insured Person shall be deemed notice. CLAIM FORMS: Once Allstate receives written notice of a claim, it will send forms for filing proof of loss. If these forms are not sent to the claimant within 15 days after Allstate receives notice, the proof of loss requirements will be met, by giving Allstate written proof of the occurrence, and cause of the loss within the time stated in the Proof of Loss Provision. PROOFOFLOSS: Written proof of loss must be furnished to Allstate within nine months after the date of loss. If this is not reasor possible, Allstate may not deny the cla' the proof is furnished as soon as reason possible, but not later than one year t the time required, unless the claimant legally incapable of doing so. PAYMENT OF CLAIM: Benefits payable for under the policy will be paid immediately i receipt of due written proof of loss. If benefit under this policy is payable tc Insured Person's estate or to a person wl a minor or is otherwise not competent to a valid release, Allstate may pay part of benefit (up to 51,000) to any blood relatil the Insured Person. Any payment made in good faith shall 1 discharge Allstate to the extent of s payment. LEGAL ACTION: Suit for benefits under policy cannot be brought sooner than 60 ( after Allstate received written proof of los required, and no such action may be initi after three years from the time vrritten pro loss is required. CONFORMITY WITH STATE LAWS: Any p sion of the policy which, on its effective da in conflict with any law to which it is subje amended to conform to the minimum req ments of such law. AUTOPSY: Allstate at its own expense have the right and opportunity to m6 autopsy where it is not forbidden by law. ALLSTATE LIFE INSURANCE COMI Michael P. Duncan Louis G. Lov Secretary President This I;Ce contains in iportant information about your rights aiid OUr responsibilities under t:ie Fair Credit Billing r.ct. I. Notify Us in Case of Errors or Questions About Your Bill If you think your bill is virong, or if you need more rifdfmation about a transaction Pn your bill, virite us on a separate sheet or paper at the address listed on ;our bill for Notice of Billing Errors. White to us as soon as possible. Vie must hear from you no later than 60 days after vie sent you the first bill on which the error or orobdam aooeared. You can t.leohona us, but doing so wiil not pre- serve your rights. In your le :.r, g;ie us the folloviino information: • your name and account number. • the doi!ar a ount of the suspected error. • describe the error and explain.. if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. d you have authorized us to pay your credit card bill automatically from your savings or checking account. you can stop the payment on any amount you think is wrong. To stop the payment, your letter must feach us three business days before the automatic payment is scheduled to occur. 2. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter viithin 30 days, unless we have corrected the error by then. Within '-0 days, '.ve must either correct the error or ex- plain why vie believe the bill was correct. After we receive your letter, we cannot try to col- lect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and vie can apply any unpaid amount against your credit limit. You do not have to pay any ques- tioned ameuntvihiie v,a are investigating, butvou are still obligated to pay file pars of your bill That are not in question. If we find that vie made a mistake on your bill, you will not have to pay any finance charges re- lated to any questioned amount. If we didn't make a mistake, you may have t3 pay the fina%a charges, and you viii) have to make up any missed payments on the questioned amount. In either case, we viiii send you a statement of the amount you owe and the date that it is due. if you fail to Pay the amount that vie think you owe, vie may report you as delinquent. However, if our explanation does not satisfy you and you write us within ten days telling us that you still refuse to pay, vie must tell anyone vie reportyou to that you have a question about your bill. And, we must tall you the name or anyone we reported you to.'Ne must tali anyone v,e report you to that the matter has been serLiad baMeen us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. 3. Special Rule For Credit Card Purchases If you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried to good faith to correctthe prob- lem with the merchant, you may have the right not to pay the remaining amount due on the goods orservices. There are tvo limitations on this right: (a) you must have made the purchase in your home state or, if notwithin your home state, viithin 100 miies of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if we own or op- erate the merchant, or if we mailed you the advertisement for the goods arsemces. SR REV. 10419 Your Billing Rights KEEP THIS NOTICE FOR FUTURE USE rLn 1O DD u'.-111 11 OI 'I . _,._ AFFIDAVIT 1. My name is Phillip Reed, and I am a Team Leader for Discover Financial Services, Inc. 2. Greenwcod Trust Company ("Greenwocd"), an FDIC-insured Delaware state bank, and its service affiliate, Discover Financial Services, Inc. ("DFSI"), We NOVUS Services, Inc., are wholly-owned subsidiaries of NOVUS Credit Services Inc. III flfYfinYree? li'?v? ?h? ei? g,ir W9, BA4Ygt fIffrium Card and Private issue Card, among outer cre 1 taro p ts. 4. DFSI provides servicing to Greenwood for those products, including among other things, marketing, application processing, card issuance, transaction authorization, Cardmernber service, biiana, security, ccllections, and the transmission of information to credit reporting agencies. 5. DFS1 collects debts only for Greenwood and cther DFSI corporate affliFtes. FURTHER AFFIANT SAYETH NOT. lbto - a)- G'?&O_ Phi ip Reed, Tea?n Leader Discover Financial Services, inc. Subscribed and swom before me this /9 day of _1! q o? f? r Anne M. Ruzicka /j >a op My Commission expires G?-29-02 F;ILAW USE7lDAIL4U2'FOP-V,S`,CCUIECTiON ATioR14EY AFFIDAVIT.DOC VERIFICATION I, Tracey Eccles, agent of Discover Card verify that I am authorized to make this Verification on behalf of the Plaintiff and I verify that the facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ?*?A*', TRACEY ECCLES D f4ll -Ti y- f17? -77 C?"r CERTIFIED MA -• (Domestic Mail Only, N, ru .n w Ln Postage $ M r3 Certified Fee 0 D Return Recient Fee (Endorsement Required) E3 Restricted Delivery Fee .A (Endorsement Required) 1 Postmark Here U.S. Postal Service,. CERTIFIED hill RECEIPT -• (Domestic Mail Only; No Insurance Coverage Provided) ru m err Postage I S m O Certified Fee O C3 Return Redeln Fee (Endorsement Required) O ru Restricted Delivery Fee tl.l (Endorsement Required) Postmark i Mere ru ) Total Postage & Fees $ .? Z Total Postage & Fees TO o ent TO C3 sent r - t? .... ED Stores Pt o ?-l -- -- - -- ----- ----- -'-- --- --- -- -- ----------- E` .--..-..... -Y '0 -11 -. - -.._ -"----- ------ -- ----- ----- - - w OBOX NO bo( O Street. Apt. o.; 7 P G/ --_----- - - -. or PO BOx NO. ii ?) CIb,Stete, / v - / ?CSU efe. Z a4 /? / -_-- ?S For. 38, J.?,, 2002 So. Rovers. for Instructions rr PS Form 3800, June 2002 ee Reverse for Ion FE?OOF OF f,E t ViC E, OF NOTICE OF A('?Hkl- AND ROLE TO, FILE COMfri AIN'T (7 1,S ;roo€ o`r s >cc h a,.5 "?.:=Lr Ubt ?%'?tnt ? N ('.9) C?A'} ' ,, r TFR bficg the nn rca of aopeat r,.r..?s aratr +.ta;?;e box-, COMMONWEALTH OF PENNSYLVANIA COUNTY OF Lehigh_ ss AFFIDAVIT: i hereby sweat or affirm that I served g}( a copy of the Notice of Anpeel, Common Pleas Nu 0573387 upon the D,sinct Justi' c+ sgnettriherin oc (du to of sc ??roe; __ July 7- 20 OS_ by personal serv ce ny (certified) hrylste rt d' nl.)', s„nth 's receipt attu°hed Itercto. and upon ,be appellee, lnarireJ Stanley M. Deimler t1U - - 2005 , -1 by personal ;eiva? Y? by (certified) (rt ;7iste red) 'nail, s(;nder's receipt u:tachell here Ur. and further that I served the Rule to File at Canplamt accompanyng the above Notice of Appeal upon the appeklee(s} 'c who'll the Rule was addressed on 20_-_ by personal serv,ce by (cerdfled) (reglsteeot 'nail, sender's receipt attached hereto ,WORN rAFFIRMEDj AND SUBSCRIBED BEFORE- ME `/%`?......1._`?'a_.. "HIS 7th DAY OF July 2005 ... _.: S 4 r atlianr ge M. Pereira, Esquire 1?=A1?-u u --- - -- 3:gnamre ! theist bciore whom eft dav![ was mane 'iris of o/trr. ?o7 Vifr commission expires on __ +zCQ} -,_. , 20Oa COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amy L. Glass, Notary Public South Whitehall Twig, Lehigh County My Cornmission E)Ores Sept 8, 2008 Member. Pennsylvania Association Of Notaries IZZ, _r O c°n ,rt mfT'9 ` ?. r` rtgr O 3 5 i f 27 'K ti COMMONWEALTH OF PENNSYLVANIA W -W COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMFVT t I C?rn1?/ah?L COMMON PLEAS No ` NOTICE OF'' APPEAL - Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justic on the date and in the case mentioned below. N. -N. 15 V -T- I • 11-11 L A I DISCovetr nk,byreso-jzfi DVscovciFinar)c?/ Se V. V I Telc "O lyro3-Dqo ces . 1 ADDRESS of ._... oo? "a A..«„- N1.?cfe?r /a? N. ?eCCat Crc?t Sh /411C-li c. 1 W04 a ?° a7M O? 171scot/e(- nt? IScover Fnanc,al. ^5?a> %' l?1 ?elmCer 1..on. Cv eo 119 - o.s LT 20 This block will be signed ONLY when this notation is requ R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice,( a SUllPERSEDEAS to the judgment. for possession in this case. a. if appellant was Claimant (see Pa. R.C.P.J.P. as No. 100116) in action before District Justice, he MUST FILE A COMPLAINT within tilventy f20J days after filing his NOTICE of APPEAL. - PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001171 in action before District Justic IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon , appellee(s), to`file a complaint in this appe Name of appellee(s) (Common Pleas No. 1 within twenty (20) days after service of rule or suffer entry of judgment of non pro i` .. Signature of appellant or his attorney or age RULE: To appelleels( p. `,.. Ni of appelleels) 6 (1). You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date service of this rule upon you by personal service or by certified or registered mail. i (2) If you do not file a complaint within this time, a JqDGMENT OF NON PROS WI LL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: 20 Signature of Prothonotary or Depu { AOPC 312-84 COURT FILE Curtis R. Long Prothonotary ®ffire of the Protbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor QS - 3,387 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square - Carlisle, Pennsylvania 17013 - (717) 240-6195 - Fax (717) 240-6573