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Home My WebLink About02-1206 Our File No. 143180 -ATTORNEYS FOR PLAINTIFF ERIC M. BERMAN, P.C. BY: Eric M. Berman, Esquire, I.D. 83698 BY: Ron Z. Opher, Esquire, I.D. 57507 198 Allendale Road, Suite 306 King of Prussia, PA 19406 (610) 265-7720 DISCOVER BANK c/o ERIC M. BERMAN, P.C. 198 Allendale Road, Suite 306 King of Prussia, PA 19406 ANAT TERESA MALDONADO NOTICE X COURT OF COMMON pT.w. AS COUNTY OF CUMBERLAND TRIAL DIVISION CIVIL ACTION Term 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 this complaint or for any other claim or relief required 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW OR FIND OUT WHERE YOU CAN GET LEGAL HELP. AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abagado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. A demas la la corte puede decidir a favor del demandante y requiere que usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI NO TIENE ABOGA 0 SO 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. LAWYER REFERRAL SERVICE, COUNTY OF CUMBERLAND BAR ASSOCIATION Address: 2 LIBERTY AVE., CARLISLE, PA 17013 Tel.: 800-990-9108 Our File No. 143180 ATTORNEYS FOR PLAINTIFF ERIC M. BERMAN, P.C. BY: Eric M. Berman, Esquire, I.D. 83698 BY: Ron Z. Opher, Esquire, I.D. 57505 198 ALLENDALE ROAD, SUITE 306 KING OF PRUSSIA, PA 19406 (610) 265-7720 DISCOVER BANK c/o ERIC M. BERMAN, P.C. 198 Allendale Road, King of Prussia, PA VS. ANAT TERESA MALDONADO Suite 306 19406 COMPLAINT ~X COURT OF COMMON PLEAS COUNTY OF CUMBERLAND CIVIL ACTION Term No. d~ - I~C~ 1. Plaintiff, DISCOVER BANK , is a DELAWARE BUSINESS TRUST licensed to do business in the Commonwealth of Pennsylvania with its place of business at P.O. BOX 8003, HILLIARD, OH 43026. 2. The Defendant(s), ANAT TERESA MALDONADO , resides at 696 W PENN ST , CARLISLE BARRACKS, PA 17013-2238. 3. There is due from the Defendant(s) the sum of $3,433.88 for credit extended by Plaintiff to Defendant(s), acct. no. 6011002880274766, and which such credit was drawn and used by the Defendant(s). Defendant(s) is in default for failure to make payments for such use. 4. The Plaintiff has made demand upon the Defendant(s) for payment of monies in the sum of $3,433.88 advanced to Defendant(s) through Defendant(s) use of the above-referenced credit account, but Defendant(s) has failed and refused to pay the said sum or any part thereof. 5. Ail applicable credits, if any, have been duly applied to Defendant(s) credit account. W~EREFORE, Plaintiff claims of the Defendant(s) the sum of $3,433.88 plus interest, attorneys fees and costs which are justly due and owing from the Defendant(s) to the Plaintiff. Dated: JANUARY 22, 2002 SPACE-AQ ERIC M. BE N, P.C ERIC . UIRE BY: RON Z. OPHER, Esquire Attorneys for Plaintiff VERIFICATION RON Z. OPHER, ESQUIRE, being duly sworn according to law, deposes and says that he is of Counsel to the Law Firm of Eric M. Berman, P.C., and/or ERIC M. BERMAN, ESQUIRE, being duly sworn according to law, deposes and says that he is the Principal attorney of Eric M. Berman, P.C., attorneys for the Plaintiff, and as said attorney, he is authorized to take this verification on its behalf, and that the facts in the Complaint as set forth therein are true and correct to the best of his knowledge, information and belief. I verify that the statements made in the within instrument are true and correct. I understand that false statements are subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsifications to authorities. ERIC M. BERMAN, ESQUIRE Dated: JANUARY 22, 2002 RON Z. OPHER, ESQUIRE SPACE-AQ ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER(S): STATE OF OHIO COUNTY OF FRANKLIN BERMAN 6011002880274766 $3433.88 ANAT TERESA MALDONADO K LANNING, personally appeared before me, this day and after being duly sworn, according to law, upon his/her oath and says: I am a Legal Placement Account Manager for DISCOVER FINANCIAL SERVICES INC., the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Bank. THAT this affidavit is made on the basis of my personal knowledge and in support of Plaintiff's suit on account against the Debtor(s) THAT, in my capacity as Legal Placement Account Manager, I have control over and access to records regarding Discover Card Account BERMAN of the above referenced Debtor(s), further, that I have personally inspected said Account and statements regarding the balance due on said account. DISCOVER FINANCIAL SERVICES, INC. maintains these records in the ordinary course of business. THAT the annexed statement of account is a true and correct statement of what is now due and owing Discover Bank on the account, and exhibit A is a copy of the Cardmember Agreement between Discover Bank and the above referenced Debtor(s). The Cardmember Agreement governs the terms and conditions of the relationship between Discover Bank and the Debtor(s) in connection with the account. Based on my review of the account records, to the best of my knowledge and belief the above referenced Debtor(s) is not engaged in the military service of the United States and is a resident of the State and of the Country in which this action has been filed. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Affiant Sworn and Subscribed before me, This day of Monday, December 17, 2001. j° A I'?o/3 SHERIFF'S RETURN - REGULAR CASE NO: 2002-01206 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS MALDONADO ANAT TERESA DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MALDONADO ANAT TERESA the DEFENDANT at 696 W PENN ST , at 2108:00 HOURS, on the 12th day of March , 2002 CARLISLE, PA 17013-2238 by handing to ANAT MALDONADO a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ ~ day of 7~ ~¢o~ A.D. ! ~rothonotary ' So Answers: R. Thomas Kline 03/13/2002 ERIC BERMAN ' - Deput~' gherlff U Ron Z. Opher, Esquire Eric M. Berman, P.C. Attorney for Plaintiff Attomey#57507 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 DISCOVER BANK Plaintiff V. ANAT TERESA MALDONADO 696 W. Penn St. Carlisle Barracks, PA 17013-2238 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 02-1206 Defendant ORDER Tkis matter having been brought before the Court on motion of Ron Z. Opher, attomey for Plaintiff, for an Order granting Judgment to the Plaintiff, and the Court having considered the matter and good cause appearing, It is on this day of ,20 __, ORDERED that Judgment is entered on the Pleadings in favor of the Plaintiff and against the Defendant for the amount admitted to be due and owing by the Defendant in her answer, being entry of Judgment in the amount of $3433.88, together with costs of this action. .J. Ron Z. Opher, Esquire Eric M. Berman, P.C. Attorney for Plaintiff Attorney#57507 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 DISCOVER BANK Plaintiff V. ANAT TERESA MALDONADO 696 W. Penn St. Carlisle Barracks, PA 17013-2238 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : : NO. 02-1206 : Defendant PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS; AND NOW comes the Plaintiff, DISCOVER BANK, by way of a Motion for Judgment on the Pleadings says: 1. On or about March 11, 2002, Plaintiff fried a Complaint-Civil Action in this Court. 2. On or about April 10, 2002, Defendant filed an Answer. 3. Defendant admits owing Plaintiff the sum of $3433.88 by way of her Answer. 4. Said Answer further admits that Defendant does not refuse to pay the amount of indebtedness 5. Because of the content of the pleadings, Plaintiff is entitled to judgment as a matter of law in the amount of $3433.88 plus costs. 6. Said pleadings leave Plaintiffs case so free from doubt as to an amount due from the Defendant to the Plaintiff of $3433.88, that a trial would clearly be a fruitless exercise. WHEREFORE, Plaintiff requests that this Honorable Court, in considering this Motion, enter Judgment in favor of Plaintiff for the relief requested in Plaintiffs Complaint to the extent admitted in Defendant's Answer, being entry of Judgment in the amount of $4203.32, together with costs of this action. DATED: August 16, 2002 Ron Z. Opher, Esquire Attorney for Plaintiff-Movant Our File No. 143180 · ATTORNEYS FOR PLAINTIFF ERIC M. BERMAN, P.C. BY: Eric M. Berman, Esquire, I.D. 83698 BY: Ron Z. Opher, Esquire, I.D. 57507 198 Allendale Road, Suite 306 King of Prussia, PA 19406 (610) 265-7720 DISCOVER BANK c/o ERIC M. RWRMAN, P.C. 198 Allendale Road, Suite 306 King of Prussia, PA 19406 VS. ANAT TERESA MALDONADO NOTICE '-X COURT OF COMMON PLEAS COUNTY OF CUMBERLAND TRIAL DIVISION CIVIL ACTION Term 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 this complaint or for any other claim or relief required 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW OR FIND OUT WHERE YOU CAN GET LEGAL HELP. AVISO Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Mace falta asentar una comparencia escrita o en persona o con un abagado y entregar a la corte en forma escrita sue defensas o sue objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. A demas la la corte puede deci~ir a favor del demandante y requiere que usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sue propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI NO TIENE ABOGA 0 SO 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. LAWYER REFERRAL SERVICE, COUNTY OF CUMBERLAND BAR ASSOCIATION Address: 2 LIBERTY AVE., CARLISLE, Our File No. 148180 ATTORNEYS FOR PLAINTIFF ERIC M. BERMAN, P.C. BY: Eric M. Berman, Esquire, I.D. 83698 BY: Ron Z. Opher, Esquire, I.D. 57505 198 ALr.~NDALE ROAD, SUITE 306 KING OF PRUSSIA, PA 19406 (610) 265-7720 DISCOVER BANK c/o ERIC M. BERMAN, P.C. 198 Allendale Road, Suite 306 King of Prussia, PA 19406 VS. ANAT TERESA MALDONADO COMPLAINT --X COURT OF COMMON PLEAS COUNTY OF CUMBERLAND CIVIL ACTION Term No. 1. Plaintiff, DISCOVER BANK , is a DELAWARE BUSINESS TRUST licensed to do business in the Commonwealth of Pennsylvania with its place of business at P.O. BOX 8003, HILLIARD, OH 48026. 2. The Defendant(s), ANAT TERESA MALDONADO resides at 696 W PENN ST , CARLISLE BARRACKS, PA 17013-2288. 3. There is due from the Defendant(s) the sum of $3,483.88 for credit extended by Plaintiff to Defendant(s), acct. no. 8011002880274766, and which such credit was drawn and used by the Defendant(s). Defendant(s) is in default for failure to make payments for such use. 4. The Plaintiff has made demand upon the Defendant(s) for payment of monies in the sum of $3,433.88 advanced to Defendant(s) through Defendant(s) use of the above-referenced credit account, but Defendant(s) has failed and refused to pay the said sum or any part thereof. 5. All applicable credits, if any, have been duly applied to Defendant(s) credit account. WHEREFORE, Plaintiff claims of the Defendant(s) the sum of $3,433.88 plus interest, attorneys fees and costs which are justly due and owing from the Defendant(s) to the Plaintiff. Dated: JANUARY 22, 2002 SPACE-AQ ERIC M. ERIC IRE BY:, .~, RON Z. OPHER, Esquire Attorneys for Plaintiff VERIFICATION RON Z. OPHER, ESQUIRE, being duly sworn according to law, deposes and says that he is of Counsel to the Law Firm of Eric M. Berman, P.C., and/or ERIC M. BERMAN, ESQUIRE, being duly sworn according to law, deposes and says that he is the Principal attorney of Eric M. Berman, P.C., attorneys for the Plaintiff, and as said attorney, he is authorized to ta~e this verification on its behalf, and that the facts in the Complaint as set forth therein are true and correct to the best of his knowledge, information and belief. I verify that the statements made in the within instrument are true and correct. I understand that false statements are subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsifications to authorities. ~.RIC M. BERMAN, ESQUIRE Dated: JANUARY 22, 2002 RON Z. 0PN~R, ESQUIRE SPACE-AQ ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER(S): STATE OF OHIO COUNTY OF FRANKLIN BERMAN 6011002880274766 $3433.88 ANAT TERESA MALDONADO K LANNING, personally appeared before me, this day and after being duly sworn, according to law, upon his/her oath and says: I ama. Legal Placement Account Manager for DISCOVER FINANCIAL SERVICES INC., the sermcmg agent of DISCOVER BANK, an FDIC insured Delaware State Bank. THAT this affidavit is made on the basis of my personal knowledge and in support of Plaintiff's suit on account against the Debtor(s) THAT, in my capacity as Legal Placement Account Manager, I have control over and access to records regarding Discover Card Account BERMAN of the above referenced Debtor(s), further, that I have personally inspected said Account and statements regarding the balance due on said account. DISCOVER FINANCIAL SERVICES, INC. maintains these records in the ordinary course of business. THAT the annexed statement of account is a tree and correct statement of what is now due and owing Discover Bank on the account, and exhibit A is a copy of the Cardmember Agreement between Discover Bank and the above referenced Debtor(s). The Cardmember Agreement governs the terms and conditions of the relationship between Discover Bank and the Debtor(s) in connection with the account. Based on my review of the account records, to the best of my knowledge and belief the above referenced Debtor(s) is not engaged in the military service of the United States and is a resident of the State and of the Country in which this action has been filed. I declare under penalty of perjury that the foregoing is tree and correct to the best of my knowledge. Affiant Sworn and Subscribed before me, This day of Monday, December 17, 2001. / d NOTARY 06/11/02 TI./I~ 03:53 FAX 717 240 6573 CI. Tti'B CO PROTHONOTARY ~]00~ 19o~3 Ron Z. Opher, Esquire Eric M. Berman, P.C. Attorney for Plaintiff Attomey#57507 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 DISCOVER BANK ANAT TERESA MALDONADO 696 W. Penn St. Carlisle Barracks, PA 17013-2238 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : : : CIVIL ACTION - LAW : NO. 02-1206 : Defendant CERTIFICATION OF SERVICE I, Ron Z. Opher, Esquire, attomey for Plaintiff, do hereby certify that on August 16, 2002, I have served a copy of a Motion for Judgment on the Pleadings and Brief in Support thereof on the Defendant, by regular mail, to Defendant at: ANAT TERESA MALDONADO 696 W. Penn St. Carlisle Barracks, PA 17013-2238 Dated: August 16, 2002 Ron Z. Opher, Esquire Attorney for Plaintiff/Movant Ron Z. Opher, Esquire Eric M. Berman, P.C. Attorney for Plaintiff Attorney#57507 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 DISCOVER BANK Plaintiff V. ANAT TERESA MALDONADO 696 W. Penn St. Carlisle Barracks, PA 17013-2238 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : : CIVIL ACTION - LAW : : NO. 02-1206 : Defendant ..BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS Pa.R.Civ. P. 1034 provides a mechanism for motions for judgment on the pleadings. Case law which supports this rule follows the following standard: [a] motion for judgment on the pleadings may be granted in cases which are so free from doubt that a trial would clearly be a fruitless exercise. Such a motion is in the nature of a demurrer; all of the opposing party's well pleaded allegations are viewed as tree but only those facts specifically admitted by him may be considered against him. Citations omitted. Gallo v. J.C. Penney Cas. Ins. Co. 476 A.2d 1322,1324 (Pa. Super 1984); cited with approval in Scipio v. Braton Glen Club, Inc., 633 A.2d 213 (Pa. Super. 1993) In the case at hand, Plaintiff avers "There is due from the Defendant the sum of $3433.88 for credit extended by Plaintiff to Defendant, acct. no. 6011002880274766, and which such credit was drawn and used by the Defendant. Defendant is in default for failure to make payments for such use." See Plaintiff's Complaint, attached Exhibit "A" paragraph 3. Defendant by way of her answer does not deny owing this amount. See Defendant's Answer, attached Exhibit "B". This case should end at this point, with a judgment for Plaintiff on the pleadings in the amount of $3433.88, plus costs of this action. WHEREFORE, Plaintiff requests that this Honorable Court, in considering this Motion, enter Judgment in favor of Plaintiff for the relief requested in Plaintiffs Complaint to the extent admitted in Defendant's Answer, being entry of Judgment in the amount of $3433.88, together with costs of this action. DATED: August 16, 2002 Ron Z. Opher, Esquire Attorney for Plaintiff-Movant 11/14/02 l'Bt! 13:20 FAX 2406460 CUIIB/C0tTNTY CO~ITS ~001 PRAECIPE FOR LISTING CASE FOR ARGUMENT (mint be ~tten ~ sul~itte~[ in ~li~ate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please 1 i-~t the withiA matter for the next A---~J~i~ ~ L. CAPTION OF CASE (emti_~e c_~.~n ,~t be stated in ~,l ] ) Discover Bank ( Plaint/ff ) Anat Teresa Maldonado 696 W Penn St Carlisle Barracks PA 17013-2238 (Defendant) No. 1206 Civ~ 2002 State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to cc~191aiqt, etc. ): Motion for Judgment on the Pleadings 2. Identify couitsel who wi ] ] argue case: (a) for p]~int/~f: Address: (b) for defendant: RON Z OPHER, ESQ 985 Old Eagle School Rd #505 Wayne PA 19399 3. I wi I 1 notify ~l 1 pi~rtie~ in writin9 within t~ cl~ys, tbat this b~em listed for argtmmt. 4. Ar~ Court Date: 11/19/02 Ron Z 0Pher, Esq Attorney fo~ Plaintiff ERIC M. BERMAN, P.C. BY: Ron Z. Opher, Esquire Attomey for Plaintiff Attorney 4/57507 985 Old Eagle School Rd., Suite 505 Wayne, PA 19087 (610) 902-0530 Discover Bank Plaintiff v. Anat Teresa Maldonado 696 W. Penn St. Carlisle Barracks, PA 17013-2238 Defendant IN THE COURT OF COMMON PLEAS Cumberland C, OUNTY, PA CIVIL ACTION - LAW NO. O~-. I~.0~ PRAECIPE TO WITHDRAW COMPLAINT WrFHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the Complaint in the above-captioned matter WITHDRAWN WITHOUT PREJUDICE. DATED: January 10, 2003 BY: Ron Z. Opher, Esquire Attorney for Plaintiff