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HomeMy WebLinkAbout02-1841Our File No. 153441 ATTO]~}IEYS FOR PLAI NTI FF ER[[ C M. BEI~MAN, t'. C. BY: Eric M. Bermar_, Esquire, I.D. 83698 ]~on Z. Opher, ~squire, I.D. 57507 198 Allendale Road, Suite 306 King o~ Prussia, ~A 19406 (610) ~65-7720 DISCOVER BANK c/o ERIC M. BERMAN, P.C. 198 Aliendale Road, Suite 306 King o£ Prussia, PA 19406 VS. DAVID A NOREIKA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND TRIAL DIVISION CIVIL ACTION Term No.O Io°ql 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 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 ban 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. Haoe 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. 153441 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, Suite 306 King of Prussia, PA 19406 VS. DAVID A NOREIKA COMPLAINT .X COURT OF COMMON PLEAS COUNTY OF CUMBERLAND CIVIL ACTION Term 1. Plaintiff, DISCOVER BANK , is a DELAWARE BANK 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), DAVID A NOREIKA resides at 2124 RITNER HWY , CARLISLE, PA 17013-9305. 3. There is due from the Defendant(s) the sum of $9,251.53 for credit extended by Plaintiff to Defendant(s), acct. no. 6011002210639548, and ~ich 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 $9,251.53 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 st~ 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 st~ of $9,251.53 plus interest, attorneys fees and costs which are justly due and owing from the Defendant(s) to the Plaintiff. Dated: FEBRUARY 1:3, 2002 SPACE-AQ ERIC M~E~ BY: ERIC M. BERMAN, ESQUIRE 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 Mo Berman, PoC., ~]d/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: FEBRUARY 13, 2002 RON Z. OPHER, ESQUIRE SPACE-AQ ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER (S): STATE OF OHIO COUNTY OF FRANKLIN BER3,IAN 6011002210639548 $9251.53 DAVID A NOREIKA G. Rogers, personally appeared before me, this day and after being duly sworn, according to law, upon his/her oath and says: THIS person is a Legal Placement Account Manager for DISCOVER FINANCIAL SERVICES INC., the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Bank. THAT, in their capacity as Legal Placement Account Manager, Affiant has control over and access to records regarding the account of this debtor; further, that the Affiant has personally inspected said account and statements regarding the balance due on said account. These Records are kept in the normal course of business. THAT the undersigned Affiant being duly sworn deposes and says that the policies and procedures of DISCOVER BANK and it's servicing agent, DISCOVER FINANCIAL SERVICES, INC. are in accordance with applicable federal and state consumer and credit laws. THAT the annexed statement of account, in fa{,or of DISCOVER BANK, is a true and correct statement and there is now due and owirig to DISCOVER BANK, exhibit A is a copy of the terms of the account which we forwarded with the charge card to the Card member(s). THAT to the best of the Affiant's knowledge and belief the defendant is employed in civilian life and by reason thereof is not engaged in the military service of the United States and is a resident of the State and of the County in which this action has been filed. THAT this affidavit is made on the basis of the Affiant's personal knowledge and in support of Plaintiff's suit on account against said Debtor. I f_ff Affiant Sworn and Subscribed before me, This day of Friday, September 07, 2001. ,>?~ KAREN RENEE UVENGOOD "' ~- Notary Public * ~ In and for the State ef Ohio ~]My ~0mmissi0n E~iros Apr. 05, 2006 SHERIFF'S RETURN - REGULAR CASE NO: 2002-01841 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS NOREIKA DAVID A , Sheriff or Deputy Sheriff of HAROLD WEARY Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NOREIKA DAVID A the DEFENDANT , at 1427:00 HOURS, on the 17th day of April , 2002 at 2124 RITNER HWY CARLISLE, PA 17013 by handing to SHELLEY NOREIKA, WIFE 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 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this 2~ ~ day of  .~ ~ ~.3 2_~ A.D. ~r6thonotary So Answers: R. Thomas Kline o4/1 /2oo2 ERIC BERMAN By: Deputy She~ff ATTORNEYS FOR PLAINTIFF ERIC M. BERMAN, P.C- Eric M. Berman, Esquire, I.D. BY: Ron Z. Opher, Esquire, I.D. 57507 985 Old Eagle ,~chool Road, Suite 60~ Wayne, PA 19087 (610) 902-05;~0 DISCOVER BANK c/o ERIC: M. BERMAN, P.C. : 985 Old Eagle School Road, Suite 505 : Wayne, PA 19087 : DAVID A NOREIKA C, DURT OF COMMON PLEAS COUNTY OF CUMBERLAND TRIAL DIVISION CIVIL A ~TIoN No. 0=-1841 INTENTION TO TAKE DEFAULT JU£~]MENT TO: DAVID A NOREIKA 2124 RITNER HWY CARLISLE, PA 17013~9,305 DATE OF NOTICE: IMPORTANT N£TICE You are in default because you'have failed to take action required of you in this case. Unless you act within ten (10) days of the date of this Notice, as set forth above, a Judgment may be entered against you without a Hearing, and you may lose your property or other important rights. YOU SHOULD TAKE THIS NOTI.,E TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFF_)RD ONE, ~.~O TO OR TELEPHONE THE OFFI .,E SET FC)RTH BELOW OR FIND C)UT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE, b3UNTY OF (~MBERLAND COUNTY BAR A~S3~IATION ~ , -, ~ f ~ . 800-990-9108 Address: ~ LIBERTY AVE. t,ARLI~LE, PA 17313 Tel : LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI NO TIENE ABOGA O SC) NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVIC, E, COUNTY OF CUMBERLAND BAR ASSOCIATION Address: 2 LIBErtY AVE., CARLISLE, SPACEJUD-ZF / ~ ERIC M. B~kMAN, P.C. Attorneys for Plaintiff . By: Eric M. Berman, Esquire PA 17013 Tel.: 800-990-9108 ERIC. M. BERMAN, Attdrneys for Plaintiff By: Ron Z. Opher, Esquire File No. 153441 AFFIDAVIT OF NON-MILITARY SERVICE State of Pennsylvania: SS. County of Cumberland Eric M. Berman, Esq. being duly sworn according to law, deposes and says that he/she (is) (represents) the Plaintiff(s) in the above entitled case; that he/she is authorized to make this affidavit on behalf of the Plaintiff(s): and that the above named Defendant(s) is (are) above 18 years of age; the address of Defendant(s) is: 2124 Ritner Hwy, Carlisle, PA 17013 Occupation of Defendant(s) is unknown; and Defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and the Sailors' Civil Relief Act of 1940 and the ~arnendments thereto. Commonwealth of Pcmnsylvania County of Cumberland I, Eric M. Berman, Esq. depose and say that the facts set forth in this complaint are true and correct and acknowledge that I am subject to the penalties of 18 P.S. 4904 relating to Unswom Falsification to Authorities Eric M. Berman, Esq. Attorney for the Plaintiff I hereby acknowledge receipt of the f611owing affidavit forms which I understand must be properly completed, notarized and presented to the Court at the hearing: Medical Affidavit Repair Affidavit Bookkeeper Affidavit Signature So swom/6'~fore me this //~--day of Eo~.~0~EN M. CALABRESE Public, Smtc of New York CA6024830 Qualified in Suffolk County Term Expires May 17, 2003 DIDCOVER BANK, Plaintiff DAVID A. NOREIKA, Defendant : IN THE COUNT OF COMMON PLEA8 OF : CUMBERLAND COUNTY, PENNBYLVANIA : CIVIL ACTION - LAW : : NO. 02 - 184t CIVIL TERM : IN A~UMP$1T RELEASE In consideration of the sum of Nine Hundred Twenty-five and no/100 ($925.00) Dollars and other good and valuable consideration, plaintiff hereby releases and forever discharges,the following described tract of land from the lien of this judgment: ALL that certain tract of land and the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the Ritner Highway (U.S. Route No. 11), at the line of Lot No. 5 on the hereinafter mentioned plan of lots; thence along the same, North 65 degrees 12 minutes East, a distance of 100 feet to a point; thence along the center of said highway, North 63 degrees 36 minutes East, a distance of 11 feet to the line of Lot No. 3 on said plan; thence along the latter, South 26 degrees 24 minutes East, a distance of 598.5 feet to the line of lands now or formerly of John W. Lehman; thence along the latter, South 66 degrees 10 minutes West, a distance of 116.7 fee to the line of Lot No. 5 on said plan; thence along the latter, North 24 degrees 48 minutes West, a distance of 596.2 feet to a point, the Place of BEGINNING. BEING Lot No. 4 on the Plan of Lots of Charles M. Nonemaker, recorded on October 28, 1946, in the Office of the Recorder of Deeds for Cumberland County in Plan Book 3,, Page 111. BEING the same property which SCOTT S. HENCH and LYNN M. HENCH, his wife, granted and conveyed to DAVID A. NOREIKA, a married man, by deed dated October 20, 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book 232, Page 166, which property has been conveyed to JEFFREY K. WALSH, single marl, and LINDA D. FREY, a married woman, by deed dated July 29, 2004 and recorded in the Office aforesaid. ATTEST: tat~o outh Carolina : f ~g,,~__~_,<~//~. :ss: County o . : Pers°nally appeared before me this ',~ day of ~_.~.~,~,2004,~/,,,'~.~,~ ~ ~'~,,ExS/:, , who, be. ing duly sworn according to law stated that RESURGENT CAPITAL SER~/'ICES is the successor ~ the ~nt.e~sts of Discover/Greenwood Trust, plaintiff herein, and that he is the~ -.,~.~., of ~esurgent L;apital Services and that, being authorized to do so he executed this release for tl~e purposes herein contained. My Commission Fixpires Dec. 13, 2012 2552 BILL OF SALE Discover Bank ("Seller"), for value received, and pursuant to the terms and conditions of the Credit Card Accounts Sale Agreement with an Effective Date of May 129, 2003 (the "Agreement") between Seller and Sherman Originator, LLC ("Buyer"), transfers, sells, assigns, conveys, grants and delivers to Buyer, its successors and assigns all the Sellers' right, title and interest in and to (i) the Seller's unsecured consumer credit card accounts, judgments or evidences of debt which are described on computer files furnished by the Seller to Buyer in connection herewith, and (ii) all proceeds of such accounts (each, an "Account") atter the close of business on May 7, 2003, except that the term "Aeenunt" shall not include any accounts, the receivables of which have been transferred to (a) the Discover Card Master Trust 1, pursuant to the Pooling and Servicing Agreement, dated as of October 1, 1993, between Discover Bank f/k/a Greenwood Trust Company as Master Servicer, Servicer end Seller, and U.S. Bank National Association (formerly First Bank National Association, successor trustee to Bank of America Illinois, formerly Continental Bank, National Association),as trustee, as amended from time to time (the "Pooling end Servicing Agreement"), which accounts are identified on the computer records of Greenwood with a 42 in the field captioned "CHD-Portfolio-No.". Seller stipulates that Buyer may be substituted for Seller as the valid owner of the Accounts and the Seller herby waives any notice or hearing requirements imposed by Bankruptcy Rule 3001(e)(2) or otherwise. This Bill of Sale is executed without recourse and without representation of or warranty of title, collectability, or otherwise, express or implied, except as set forth in the'. Agreement. Executed as of the 30th day of May, 2003. Discover Bank Name: Title: 2552 c,! c1) C?