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Home My WebLink About96-01972 MELVYN S MANTZ, ESQUIRE Attorney I.D. H01945 MELVYN S MANTZ & ASSOCIATES, 25 East State Street (215) 348-S200 Doylestown, PA 18901 ATTORNEY FOR PLAINTIFF P.C. FIRST DEPOSIT NATIONAL BANK Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS VS WALLACE TROUTMAN Defendant NO. 4 (.. /'}'/.;L Cu:.:.( 1dP- CIVIL ACTION 1. The Plaintiff is First Deposit National Bank, a national bank with a place of business located at 219 Main Street, Tilton, NH. 2. The Defendant is Wallace Troutman, an individual with a place of residence located at 1216 Gross Drive, Mechanicsburg, PA 17055-3112. 3. At the request of the Defendant, Plaintiff issued to Defendant a VISA credit card, account number 4428002417408699 and at all times relevant hereto, Defendant was the holder of said card issued through Plaintiff's credit facilities. A true and correct copy of Defendant's application is attached hereto, made a part hereof and marked Exhibit "A". 4. Under the terms and conditions of Exhibit "A", Defendant, upon acceptance of Plaintiff's credit card, agreed to be bound by the terms and conditions of Plaintiff's revolving credit plan agreement. A true and correct copy of said agreement is attached hereto, made a part hereof and marked Exhibit "B". 5. The Dafendant subsequently received a cash advance from Plaintiff and incurred additional obligations in the sum of .. ~ 1 rr[~!rJi t~~nF!H]~lf~ HjH{ IUn l~HHnu U ~ nHhh{ lj!HUWiif!h {1lU! iHn ~tnt~til1. - , . :;l ~i5 ~ i~ltHe'~1 ~.!l~tllr jl'lJs ~.~,lj l:fJii f~l,tldh Cd ~ ~~I i }!j~jUl jttt~Jhi!~jl~1 tM~ li1l111~J:l~II ~ ~~< ~ l"jhfilfJ Jih~lHJii1h ~UI~~lllllfi H!n12H1 ~ ~~~ l ~tp.b~~t t-~rllrd~E-ilsl6~~nfllftE{ i t~!~~,r:~:jY ~ ~z~ 1, !'i{t~lp' ~lEdhl]lfJlllfl ~~J~tIV.PR! ,~tllllH~~' eo ~ ! ~ III 1: . til ~ i ~ 1 ~ 5" ill l r._ 8 ti.r J-e ' e Ii: i. ~Illhl~ H 1~1{i-lih111~Hi !HH LJI~u ~']~fl~-I.JJ ::l ~ lfi5Hl'~h"iCllUl-..tt.lfi'llI'j ~11-ejJlei~HHJI6tr' ;:. 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":1" t~..,J. j] ~ ~ J ~ &1 [1 .,;; i:] ~ ~ "; '.1 !! ~ ~.: ~ 6 f"l ; ~ ~ ~ :~"1 !.: ,]; ~:3 i ~ ~ -: ! :: -i 1 ~; ~ ~ ~ ~ .:1;,~ ~ 4l~ TCS~ 001 CODE tHD ACCT 4428002417400~99 (12 MONTlllltSTORY I::::::::::::::::::..:: SCREEN SELECTION ( 1 2 3 4 ) CURRENT (Oil 12/26/95 1021 o 0 I ,00 ,00 I 95.00 440,00 I o 1 .00 15,65 o 0 .00 .00 o 0 .00 .00 o 0 .00 .00 ,00 ,00 .00 13,00 .00 .00 43.97 15.90 129.66 47.23 5,000.00 5,000.00 4,771.77 4,771.77 PAYMENT 092995 MIN PYMT PURCIIASE 12089.1 CASII ADV 061694 CREDITS MISC CliO INS FEE LATE CliO OVRL FEE PURC F/C CASH F/C LIMIT BALANCE I: II:: I t I /22/96 TIME: 17:10:49 ; t: II:: f II::: .. I: I::: 11:11: I CYCLE 24 AOENT 0174 . . ..::::: Ill:;: II: I: 11111 "> TROUTMAN WALLAC 10/24/95 1041 09/28/95 1 I 0 500.00 I .00 252.00 I 673.00 1 I 1 15.06 I 16.45 o I 0 , 00 I . 00 o I 0 ,00 I . 00 o I 0 . 00 I . 00 ,00 I .00 13.00 I 13.00 .00 I .00 12,69 I 18.33 37.33 I 54,74 5,000,00 I 5,000.00 4.591.16 I 5,013.00 ............. . ...,......... . 11/2.1/95 (031 o .00 345.00 1 15,35 o .00 o ,00 o .00 .00 13.00 .00 15.30 45.10 5,000.00 4,679.91 ....... . ....... . .. I: II:: I:: 11111:: 1111: I: 1111 FROM: 1KXX OPID: 004 DATE: 01 v ~1 \~ .1 ,'r ~'<J , .~ -' tH' , l , i ,.-J ~ . ~ , ..... ....... 1 - 4~ IY\ . ~ , "< (J--"", .. I '" " ~ C\-<. . ' ~~'11 -- MELVYN S MANTZ, ESQUIRE Attorney I.D. H01945 MELVYN S MANTZ & ASSOCIATES, P.C. 25 East State Street (215) 348-5200 Doylestown, PA 18901 ATTORNEY FOR PLAINTIFF First Deposit National Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS VS WALLACE TROUTMAN Defendant NO. 96-1972 C NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: Wallace Troutman 1216 Gross Drive Mechanicsburg, PA 17055-3112 DATE OF NOTICE: 05-07-96 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service cumberland County Court Administrator 4th Floor - Cumberland County Courthouse Courthouse Square Carlisle, PA 17013 (717) 240-6200 MELVYN S MANTZ & ASSOCIATES, BY: ?1J~/j MELVYN S MANTZ, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (I .... M ~ i~ C. ,;- '.-to 1.1.11.'""1 .:1 ..~ ; '.'~ r ,.- . ) :-~ r-' 1_ .. l'_ ')::.:.j (I,) f~_ ., . , o. r- <((1 ~," .1....: y" I , rr,:1.1 ?';. , :.HI1 I' :.c: ~ fl- lO. r- J () 0:1' (J ;1; &f.~ r,- r 0 ri; .:r (.: .$ c dS- ." , ~" ,~ 0 I.' .. ~j.~ . 0 -, .::z . Co uf' <.J..) '-"' i:l q ~ 1" C .-. :1: ,., ,,-,<1" c.~.~ r:-c' .-. : '-__ c.. -' , ~i' .:8 tr.l ~ 1J " r- 'i!'} 0 (J I - I" iii .. rn .... "Z Jr- lftJ~ >- "hi) tI ~ N r~: -( tqa.. ~~ - - :c .:! - -, III ~ ", r- ::1 ,~~ 0 C1' U . ~, W ~r""~--4 Cl '0 r, . ('/.1' 1,1/1,,' J[ I~]!\, \.:; - ~ ,\1,\:\]7. R. "\I\hl" ."In ()( . .JO"I. :l'I'E 1 NMIIN, E:ilJlIIIlE IIILulIll'Y (.11. 11f,;!O'l;! MELVYN B MANTZ" ^:HH)('Il\'I'ES, P,C. ~~!) EiHIL :11 il' II :a lIH'I 1l0yl!'III.I1WII, I'll 111'101 ;nl,/HII '.;WO IITT()HNEY FOil 1'(./lINTI FF 1'11111 ))"1'''1111 N,lll,,"," 1l.lIlk 1'1,,1111 j I t CUMBERLAND COURT OF COMMON PLEAS vn WIILI.IICE THOIl'1'r~IIN 1J"I'!lIdolIlL NO. 96-1972 C o ROE R /lND NOW. Lhlu ,,_1..!:._~ day of ""'7 1997. upon COIIII I derat! Oil III the I'l"llIti f f' s Motion to Compel Answers to lJilH'IlV"I"Y in /lId 01 EX"Clltioll, Plll'suant to Pennsylvania Rule of C j vii 1'1"11",,,hll'" No. 4019, it is ORDERED that Wallace Troutman 1I!'IV'> "l'"n 1'1"llItlff lull and complete answers to Plaintiff's Jnt !'11'uq"lollell in Aid of Execution and Plaintiff's Request for I'll1lhll'l.llln 01 1l"'''"I11I'nlll ill lIid of Execution within twenty (20) d"YII II I 'h.! dol'" 01 llO'I'V i cO! of this Order. BY THE COURT: .,44- 3. More than thirty (30) days have elapsed since service of Plaintiff's Request for Interrogatories and Defendant, Wallace Troutman has failed to respond to the said Discovery all in violation of Pennsylvania Rules of civil Procedure. 4. As of the date of this Motion, the Judgment remains unpaid and the Plaintiff verily believes and therefore avers that without Defendant, Wallace Troutman, responding to Plaintiff's Interrogatories in Aid of Execution and Request for Production of Documents" no payment by the Defendant will be voluntarily made to pay the Judgment; and without proceeding with the aforesaid Discovery in Aid of Execution, the Plaintiff will not have sufficient knowledge or information to execute upon assets of the Defendant to pay the Judgment as entered against him. 5. For the foregoing reasons, plaintiff verily believes and therefore avers that in the absence of a Court Order pursuant to Pennsylvania Rule of civil Procedure No. 4019, Wallace Troutman will not reply to Plaintiff's Discovery Requests. WHEREFORE, Plaintiff respectfully requests Honorable Court enter an Order in accordance with Order which is attached to this Motion. that Your the proposed Respectfully submitted, BY: Pursuant to the Fair Debt Collections Act, it is required that we state the following to you: This is an attempt to collect a debt. Any information obtained will be used for said purpose. \ . MELVYN S MANTZ, ESQU:RE Attorney I.D. #01945 MELVYN S MANTZ & ASSOCIATES, 25 East State Street (215) 348-5200 Doylestown, PA 18901 ATTORNEY FOR PLAINTIFF FIRST DEPOSIT NATIONAL BANK Plaintiff P.C. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS WALLACE TROUTMAN Defendant NO. 96-1972 C INTERROGATORIES FOR DISCOVERY OF ASSETS IN AID OF EXECUTION TO: Wallace Troutman 1216 Gross Drive Mechanicsburg, PA 17055-3112 . Because you have failed to pay the full amount of the Judgment previously entered against you, the Judgment Creditor, to whom you are indebted, has a right to attempt to enforce the Judgment by a Judicial Sale (Sheriff's Sale) of your assets and has a right to inquire concerning the existence and location of those assets. Therefore, pursuant to the applicable Rules of Court, you are required to make full and complete Answers to the questions set forth in the following pages. These Answers must be made in writing, under oath, within thirty (30) days after service upon you. You are warned that, should you fail to do so, the Court may make an Order imposing punishment for contempt of Court. If you have an interest in any property which would refer to any question set forth below and that interest is owned (and/or enjoyed) by you with another, you are required to answer the specific question noting the interest of the other person including that person's name, address and telephone number. Please, if you do not understand your duty questions, you should consult a lawyer. If you do not lawyer, then you should go to or telephone the office to find out where you can get legal help. to answer these have or know a set forth below PLAINTIFF'S I j1IBIT 1. REAL ESTATE: Does the Defendant have an ownership or interest in any real estate anywhere in the United States? If so, set forth a brief description thereof, include the structure and lot size and type of construction; the location, including the state, county, and municipality; the volume and page number of the official record thereof; and state further whether the Defendant owns it solely or together with any other person or persons and give their full names and addresses. supply the current value of the properties and the basis for the valuation (estimate, tax assessment, appraisal, etc.). If any of the above properties are mortgaged, supply the names and addresses of lenders, the date and amount of the mortgage, where it is recorded, the monthly payments and the balance now due. Also, supply the purchase date, purchase price and the name of the party from whom the property was purchased. 2. TRANSFERS OF REAL ESTATE: In the six years preceding to the date of these Interrogatories has the Defendant transferred any real property either by sale, gift, exchange, or otherwise? If so, please give a description of the property so transferred, the method or manner of transfer, the name of the person, firm or other entity to whom transferred, the consideration or amount received by the Defendant and the time of the transfer. 3. TRANSFERRED ASSETS AND GIFTS: If, in the preceding six years, the Defendant has transferred any assets (real property, personal property, chose in action), not covered by the immediate preceding interroga~ory, to any person, and/or, if the Defendant has given any gift valued at more than $250.00, of any asset, including money, to any person, set forth, in detail, a description of the property, the type of transaction, and the name and address of the transferee or recipient. 4. AGREEMENTS: State whether the Defendant has any agreements involving the purchase of any real estate anywhere in the United States. If so, state with whom this agreement is made, and state whether or not any persons are joined with the Defendant in the agreement. Supply full names and addresses of all parties If the said agreement is recorded, provide the state and recordation, with volume and page numbers. concerned. county of s. ACCOUNTS RECEIVABLE, DEBTS, NOTES & JUDGMENTS: State the names and addresses of any and all persons whom the Defendant believes owes the Defendant money and set forth in detail the amount of money owed, the terms of payment and whether or not the Defendant has written evidence of this indebtedness, and if so, the location thereof. Also state if the matter is in litigation, and if so give full details. If the Defendant holds Mortgages or Judgments as security for any of these debts, state where and when such was recorded or entered; and the County, Book, Page number and term where recorded. If the Defendant holds this Judgment or Mortgage jointly with any other person or persons, give their name and addresses. , 6. INSURANCE: State whether or not the Defendant is the owner of any life insurance contracts. If so, state the persons whose lives are insured, the serial or policy number or numbers of said contracts, the face amount, the exact name and address of the insurance companies, the named beneficiary or beneficiaries and their present address. If the Defendant owns this insurance jointly with any other person or persons, give their name and address. State whether such policies are term, whole life or some other type of policy. State also whether such policies have any cash value and whether there exists any loans against such policies and, if so state all amounts. 7. GOVERNMENT, MUNICIPAL OR CORPORATE BONDS: State whether or not the Defendant owns individually or jointly any corporate or governmental bonds. If so, include the face amount, serial numbers and maturity dates and state the present location thereof. If the Defendant owns any of these Bonds jointly with any other person or persons, give their name and address. 8. SHARES OR INTERESTl State whether or not the Defendant owns any stocks, shares or interest in any corporation, or unincorporated association or partnership interest, limited or general and state the location thereof. Include the names and addresses of the organizations and the serial numbers of the shares or stocks. If the Defendant owns any of the stocks, shares or interest jointly with any other person or persons, give their name and address. . 9. DEPOSITORY ACCOUNTSl State whether or not the Defendant maintains any ch,,~king, savings, or other deposit accounts. If so, state the name ana location of the deposit institution and the branch or branches thereof, the identification numbers of those accounts, and the amount or amounts the Defendant has in each account. If the Defendant maintains any of these jointly with another person, give their name and address. . 10. SAFETY DEPOSIT BOXESl State whether or not the Defendant maintains any safety deposit box or boxes. If so, include the name of the institution, branch or branches, and the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If the Defendant maintains any of these jointly with another person, give their full name and address. 11. PERSONAL PROPERTYl State whether or not the Defendant owns personal property. Include a full description of all machinery, equipment, inventory, furniture, fixtures, furnishings and any other items of personal property with full description, giving full value and present location. State also whether or not there are any encumbrances or liens on that property and if so, the name and address of the encumbrance or lien holder, the present balance owing on that encumbrance and the transaction which gave rise to the existence of the encumbrance. State where and when the encumbrance or lien was recorded. If the Defendant owns any personal property jointly with any other person or persons, give their name and address. MELVYN S MANTZ, ESQUIRE Attorney I.D. #01945 MELVYN S MANTZ & ASSOCIATES, P.C. 25 East State Street (215) 348-5200 Doylestown, PA 18901 ATTORNEY FOR PLAINTIFF FIRST DEPOSIT NATIONAL BANK CUMBERLAND COUNTY plaintiff COURT OF COMMON PLEAS VS WALLACE TROUTMAN Defendant NO. 96-1972 C PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS IN AID OF EXECUTION TO: Wallace Troutman 1216 Gross Drive Mechanicsburg, PA 17055-3112 Pursuant to Pennsylvania Rules of Civil Procedure 4009 and 3117, you are hereby requested to produce below the listed documents and/or items for the purpose of discovery of assets in aid of execution. This material will be examined and/or photocopied. The documents/tangible things are to be produced at the Law Offices of Melvyn S Mantz & Associates, P.C., Suite 101, 25 East State Street, Doylestown, PA 18901 not more than thirty (30) days from receipt thereof. These requests are not directed merely to the person or party whose name appears above, but are meant to include that person/s or party's agents, servants, insurers, employers, employees, investigators, attorneys, and other similarly situated to the person named. In addition although the request seeks these documents within the next thirty (30) days, the request should also be deemed continuing, in that if there are further materials which come under the purview of any of these requests which are obtained after the time of their production presently, the materials should also be furnished in accordance with this request. If any documents required to be produced is claimed, then the items to be produced for inspection and photocopying are: 1. Any and all documents, records, evidence and everything which you reviewed or referred to in answering the Interrogatories in Aid of Execution which accompanied the Request for Production of Documents. 2. Deeds of all real estate owned by you either solely or jointly with others. 3. Documents of title for all automobiles owned by you either solely or jointly with others. 4. Your United States and Pennsylvania Tax Returns which you filed solely or with spouse including all W-2 Forms issued to you and IRS 1099 Forms issued to you either jointly or with others for the following years: 1993, 1994, and 1995. 5. Bank statements covering all demand deposit accounts in which you have an ownership interest of any kind. 6. Balance sheets and statements for the last two (2) years showing all during the said periods as well as operations during said period. of profits or assets owned the results losses by you of the 7. A schedule of all of notes receivable. Such list address of each debtor, the terms of payment. your accounts receivable and shall include the name and amount of the debt, and the 8. A schedule showing in detail all items of inventory held by you, such schedule shall include a description of the type of inventory, the cost of the inventory, its present location and its present value. 9. A list of all safe deposit boxes which is held either in your name or jointly with others. Such lists shall include the name of the box, exact total, the number of the box and the name and address of the institution in which it is located. 10. A list of all of your assets pledged as collateral for loans or other obligations owned by you, either solely or jointly with others. Such list shall include a description of the collateral, its value, the name and address of the institution or person with whom such collateral is pledged, and the amount of the obligations secured by said obligation. 11. A list of all equipment owned or possessed by you either solely or jointly with others. Such lists shall include a description of each item of equipment, its present location, its cost, and its present value. 12. A list of all your liabilities, whether trade debt or otherwise, including the name and address of the party to whom such debt is owed, the amount of such debt, and the terms of payment. 13. A list of all of your assets owned either solely or jointly with others, other than inventory, tran~ferred by you within one (1) year from the date hereof including a description of such assets, its cost, its value, and the name and address of the party who received such assets, and the consideration received by you for such transfer. 14. Copies of financial statements institution within the which you were served Documents. all confidential/personal/corporate issued by you to any financial last three (3) years of the date from with this Request for Production of 15. Complete copies of all insurance policies issued to you either as a homeowner, tenant, or business including but not limited to life insurance policies, policies for automobile insurance, homeowners/fire insurance policies for the past two (2) years from the date you were served with the Request for Production of Documents. 16. A copy of all agreements reflecting ownership in any business entity including but not limited to stockholder agreements, partnership agreements, limited partnership agreements and joint venture agreements. 17. Check stubs, check registers, and checkbooks for all bank accounts upon which you individually, jointly with one or more parties where an authorized signature for the past two years from the date you were served with the Request for Production of Documents. MELVYN S ~~TZ & ASSOCIATES, P.C. BY: MELVYN S MANTZ, ESQUIRE PURSUANT TO THE REQUIRED THAT WE STATE COLLECT A DEBT. ANY PURPOSE. FAIR DEBT COLLECTION THE FOLLOWING TO YOU: INFORMATION OBTAINED PRACTICES ACT, IT IS THIS IS AN ATTEMPT TO WILL BE USED FOR THAT