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Home My WebLink About02-1845Our File No. 147063 ATTORNEYS FOR PLAINTIFF ERIC M_ BERMAN, P_C_ BY: Eric M_ Berman, Esquire, I_D_ 83698 BY: Ron 2. Opher, Esquire, I.D_ 57507 198 Allendale Road, Suite 306 King of Prussia, PA 19406 (610) 265-7720 COURT OF COMMON PLEAS -----------------------------------------X COUNTY OF CUMBERLAND DISCOVER BANK c/o ERIC: M. BERMAN, P.C. TRIAL DIVISION 198 Allendale Road, Suite 306 King of Prussia, PA 19406 CIVIL ACTION VS. MORGAN D GODFREY JR Term --------------------------------X No. ODL -I.PYS 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 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 provisioner de esta demands. 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_ 147063 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 X COURT OF COMMON PLEAS COUNTY OF CUMBERLAND DISCOVER BANK c/o ERIC M_ BERMAN, P_C. 198 Allendale Road, Suite 306 King of Prussia, PA 19406 Vs. MORGAN D G,ODFREY .JR ----------------------------X COMPLAINT ERIC M_ B AN, P_C_ BY: ERIC M_ BERMAN, ESQUIRE L1ui l ? 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), MORGAN D GODFREY JR , resides at 258 WALNUT ST , SHIPPENSBURG, PA 17257-2020- 3. There is due from the Defendant(s) the sum of $2,060.23 for credit extended by Plaintiff to Defendant(s), acct- no. 6011002440639524, 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 $2,060.23 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 $2,060.23 plus interest, attorneys fees and costs which are justly due and owing from the Defendant(s) to the Plaintiff. Dated: FEBRUARY 05, 2002 SPACE-AQ No. D,Z- J?JVr CIVIL ACTION Term 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 true and correct- I understand to the penalties of 18 Pa C.S.A. falsifications to authorities. made in the within instrument are that false statements are subject Section 4504 relating to unsworn 04J"?? ERIC M. BERMAN, ESQUIRE Dated: FEBRUARY 05, 2002 RON Z. OPHER, ESQUIRE SPACE-AQ ATTORNEY: BERMAN ACCOUNT NUMBER: 6011002440639524 BALANCE: 2060.26 CARDMEMBER(S): MORGAN D GODFREY JR STATE OF OHIO COUNTY OF FRANKLIN K. RAY, 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 accbunt, 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. `-X 1 Affia c/ TERESA L. CALDWELL Notary Public In and for the State of Ohio My Commission Expires June 10, 2006 Sworn and Subscribed before me, This day of Wednesday, January 23, 2002. -rj c! C-) o (7- VV 'O FZ ?t DU U, CO - C.) -.? CV3 SHERIFF'S RETURN - REGULAR CASE NO: 2002-01845 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS GODFREY MORGAN D JR BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GODFREY MORGAN D JR the DEFENDANT , at 1035:00 HOURS, on the 29th day of April 2002 at 11 1/2 NORTH WASHINGTON STREET SHIPPENSBURG, PA 17257-2020 by handing to MORGAN GODFREY JR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.49 Affidavit .00 Surcharge 10.00 .00 42.49 Sworn and Subscribed to before me this /7 ` day of o2. UVa? A.D. C n , othonotary So Answers: ? ?.a- R. Thomas Kline 7 05/01/2002 ERIC BERMAN' By: L?t,? 4-) De y Sheriff ERIC M. BERMAN, P.C. BY: Ron Z. Opher, Esquire Attorney for Plaintiff Attomey#57507 985 Old Eagle School Rd., Suite 505 Wayne, PA 19087 (610) 902-0530 Discover Bank IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PA Plaintiff V. Morgan D. Godfrey Jr. 256 Walnut St. Shippensburg,PA 17257-2020 CIVIL ACTION - LAW NO. 02-1845 Defendant PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, Discover Bank, against Defendant, Morgan D. Godfrey Jr., pursuant to the attached Stipulation of Settlement. Assess damages as follows: Debt 2060.23 TOTAL, $2060.23 (plus costs) I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. Ron Z. Opher, Esquire ID #57507 Attorney for Plaintiff AND NOW P? D.Q , 20 C;L,_ , Judgment is entered in favor of Discover Bank, against Defendan , Morgan D. Godfrey Jr., by Stipulation and damages assessed at the sum of $2060.23) plus costs as per the above certification. (IIA12:2?? - I '?ZL Prothonotary Ron Z. Opher, Esquire Eric M. Berman, P.C. Attorney for Plaintiff Attorney#57507 198 Allendale Rd., Suite 306 King of Prussia, PA 19406 (610) 265-7720 DISCOVER BANK : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA Plaintiff CIVIL ACTION - LAW V. MORGAN D. GODFREY, JR. 256 WALNUT ST. SHIPPENSBIRG, PA 17257-2020 Defendant NO. 02-1845 STIPULATION OF SETTLEMENT The parties, by and through their undersigned representatives, do hereby stipulate that they have agreed to a settlement of the above-captioned matter, as follows: Defendant MORGAN D. GODFREY agrees that Plaintiff may enter judgment against Defendant for the full measure of damages sought against Defendant in the Complaint, but must refrain from execution as long as Defendant pays the minimum sum of $250.00 per month, beginning on June 5, 2002, and continuing on or before the 5th day of each consecutive succeeding months thereafter, until a total of $2060.23 is paid, together with interest on the unpaid portion of the balance at the rate of 6% per anuum. Once the full judgment balance is paid, Plaintiff agrees to mark the Judgment entered in this case "Satisfied." DATED: ZE7O Z BY O AN D. G D Defendant, pro se DATED: V 2? L BY: ` D`- Ron Z. Opher, Esquire Attorney for Plaintiff Discover Bank IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PA Plaintiff V. CIVIL ACTION - LAW Morgan D. Godfrey Jr. 256 Walnut St. NO. 02-1845 Shippensburg,PA 17257-2020 Defendant CERTIFICATION OF ADDRESSES AND AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF Cumberland I, Ron Z. Opher, Esquire, being duly sworn according to law, depose and say that I am the attorney for Plaintiff and I am authorized to make this affidavit on Plaintiffs behalf. I hereby certify that the address of the Plaintiff is c/o Eric M. Berman, P.C., 985 Old Eagle School Rd., Suite 505, Wayne, PA 19087. Defendant's address is 256 Walnut St., Shippensburg, PA 17257-2020. In addition, 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 Sailors' Civil Relief Act of 1940 or the amendments thereto. I verify that the statements made in the foregoing certification and affidavit are true and correct to the best of my knowledge, information and belief; and I understand that the statements in said certification and affidavit are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: May 24, 2002 BY: Ron Z. Opher, Esquire 2 I_1 n C a V cl c; ni ?r t_ G rv _t. ors lJ fb -`-C i John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7125 MARRIE ANNE CASSIDY and RICHARD W. CASSIDY, Plaintiffs V. ADIN KENES, LARRY V. NEIDLINGER, JASON KUTULAKIS, and JOANNE KUTULAKIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 02-1846 JURY TRIAL DEMANDED 1. A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. Plaintiffs counsel has no objection to the service of this subpoena and, therefore, has waived the 20 days; 4. The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to Serve Subpoena. THOMAS, THOMAS & HAFER, LLP Date: By. 9/-? JOHN FLOUNLACKER, ESQUIRE Attorney for Defendant As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: THOMAS, THOMAS & HAFER, LLP John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7100 lv--,? - m1w4m tdmcoiuY ano RICHARD W. CASSIDY, Plaintiffs V. ADIN KENES, LARRY V. NEIDLINGER,: JASON KUTULAKIS, and JOANNE KUTULAKIS TO: Counsel and Parties of Record IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 02-1846 JURY TRIAL DEMANDED Defendants, Jason Kutulakis and Joanne Kutlakis, intend to serve the subpoena identical to the one attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. THOMAS, THOMAS & HAFER, LLP Date: October L?( 2002 By: John F ounlacker, Esquire Attorney I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7134 167884.7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARRIE ANNE CASSIDY and RICHARD W. CASSIDY, Plaintiffs V. ADIN KENES, LARRY V. NEIDLINGER, JASON KUTULAKIS and JOANNE KUTULAKIS, IN THE COURT OF COMMON PLEAS Defendants NO. 02-1846 CIVIL ACTION - LAW JURY TRIAL DEMANDED FOR DISCOVERY P RSI )ANT TO R I E 400g 22 TO: Qson Black & Assnriates 450 Paw. oo Drive, M chani b rg PA 1705 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: -a Complete copy Of all orre pond reports umMaries- stataments lane blueprints, diagrams, photographs, aummarl of int ryi ws tai phgn COnV .rRatinY and nthar forme nf. e?--A L._..._:..-_ . .. in connection with the property owned by Jason and Inanne K ut Maki, Ir411 Barnstable Egad, Carlisle. Cu mb rland o mty Pennsyv nla at: Thomas Thomas & Hafer LIP M N Front Str et Ha rigqburg PA 17101 (Address) may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7125 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, Deena D. Bolze, a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class Mail• Michael J. Navitsky, Esquire Suite 303 2040 Linglestown Road Harrisburg, PA 17110 Counsel for Plaintiffs Robert A. Lerman, Esquire Griffith, Stricker, Lerman, et al. 110 S. Northern Way York, PA 17402-3737 Counsel for Defendant Neidlinger Thomas J. Williams, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Counsel for Defendant Kenes THOMAS, THOMAS & HAFER, LLP Dated: October f- , 2002 Deena D. Bolze, Paralegal " :168019.1 John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7125 rvlmr r[lC AfVrvC l,AJ51UY and RICHARD W. CASSIDY, Plaintiffs V. ADIN KENES, LARRY V. NEIDLINGER, JASON KUTULAKIS, and JOANNE KUTULAKIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 02-1846 JURY TRIAL DEMANDED law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Michael ). Navitsky, Esquire Suite 303 2040 Linglestown Road Harrisburg, PA 17110 Counsel for Plaintiffs Robert A. Lerman, Esquire Griffith, Strickler, Lerman, et al. 110 South Northern Way York, PA 1 7402-3 73 7 Counsel for Defendant Neidlinger Thomas]. Williams, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle PA 17013 Counsel for Defendant Kenes :180203.2 4.Deen Bolze, Paralegal AND NOW, this day of October 2002, I, DEENA D. BOLZE, a Paralegal in the ?) ?_ ' ? i... _ ? ) -.? . L.'.. CJ ?. ? -.l .-.. ?_ (-_ I ..J Our File No. 147063 ERIC M. BERMAN, P.C. By: Robert M. Kline, Esquire Identification No. 56479 500 N. Gulph Road, Suite 350 King of Prussia, PA 19406 (484)690-3900 Attorneys for Plaintiff DISCOVER BANK c/o Eric M. Berman, P.C. 500 N. Gulph Road, Suite 350 King of Prussia, PA 19406 vs. MORGAN D. GODFREY JR 2010 APB; -6 AM 11: 35) CI.MPJ ?' _ --N tJY pf?i4? COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION CASE NO. 02-1845 PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark the Judgment in the above matter satisfied. Robert M. Kline, Esquire Dated: March 2, 2010 *8-0o po MW ex*3a'-'ao 14 a399s7