HomeMy WebLinkAbout00-03464
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
CIVIL DIVISION
ARBITRATION DIVISION
No. ()()-.?41.L/ CI'U\'L'-r~
COMPLAINT IN CIVIL ACTION
Filed on behalf of Unifund CCR
Partners, Plaintiff
vs.
SHERRY SPECK,
Defendant.
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa. I.D. #50041
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS )
)
Plaintiff, )
vs. )
) No.
SHERRY SPECK, )
)
Defendant. )
NOTICE TO DEFEND
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 attomey and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are wamed 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 NOT 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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS
Plaintiff,
)
)
)
)
)
)
)
)
No. HJ - 3'/(,'f~ lib-'
vs.
SHERRY SPECK,
Defendant.
COMPLAINT IN CIVIL ACTION
AND NOW, comes the Plaintiff, UNIFUND CCR PARTNERS, by its counsel,
Tucker Arensberg, P.C. and files this Complaint stating as follows:
1. The Plaintiff is Unifund CCR Partners, a Delaware partnership, with offices
located at 11802 Conrey Road, Suite 200, Cincinnati, Ohio 45249.
2. The Defendant, Sherry Speck is an individual and a resident of 53 Magaro
Road, Enola, Pennsylvania 17025.
3. On or about November 1, '1994, the Defendant applied for and was
approved to receive a First Chicago Credit Card (hereinafter "Account"). Such Account was
issued at Account Number 4250432819529.
4. The Defendant utilized such Account and incurred a balance due and
owing.
5. As of April 21, 2000, the Defendant owed $6,046.88 in principal, and
$3,707.74 in interest. The total amount owed is $9,754.62. See the Affidavit of Indebtedness
attached hereto as Exhibit "A" and incorporated by reference as if fully set forth at length herein.
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6. Despite written and oral demands for payment, the Defendant has failed
and refused to pay the amount due and owing.
7. Reasonable attorneys' fees in the amount of 20% of the principal balance
are due and owing.
8. The following amounts are currently due and owing from the Defendant:
Principal and Interest
$ 9,754.62
Reasonable Attorney's Fees (20%)
$ 1.950.92
TOTAL:
$11,705.54
9. The Account has been assigned by First Chicago to the Plaintiff including
all rights to collect the amount due from the Defendant.
WHEREFORE, the Plaintiff, Unifund CCR Partners demands that judgment be
entered in its behalf and against the Defendant, Sherry Speck, in the sum of $11,705.54 plus
costs and interest.
TUCKER ARENSBERG, P.C.
By
nsel for Unifund CCR Partners:
TUCKER ARENSBERG, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
Attorneys for Plaintiff
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AFFIDAVIT OF INDEBTEDNESS
State of Ohio. )
County Of Hamilton ) ss.
Amy Utaski, being sworn, deposes and says that she is Media Supervisor of Unifund CCR Partners herein called
assignor, which is doing business at 11802 Conrey Road, Cincinnati, Ohio 45249 and that she is authorized to
make the statements and representations herein.
The defendant is not in any branch of the military.
There is due and payable from SHERRY SPECK, Account Number 4250432819529, the amount of $9754.62
(principal balance in the amount of $6046.88 plus interest up through 04/21/2000 in the amount of $3707.74). By
the terms of the agreement between the defendant and the original creditor, interest is accruing from the
aforesaid date at the rate of 19.80 percent per annum.
This account was originated with First Chicago. Unifund Corp. purchased this account from AST A Funding
Acquisition III, LLC. Said account has been assigned, trasferred and set over unto, Tucker Arensberg with full
power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise
or satisfaction of said claim.
DATED 21 April 2000
~W~
U ND CCR PARTNERS
By: Amv Utaski
Media Supervisor
Title
11802 Conrey Road Cincinnati. OH 45249
Address
Client # 215
Subscribed and sworn to before me this & day of --!J!-II:!:f-~
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EXHIBIT
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VERIFICATION
The undersigned verifies that the statements made in the foregoing
Complaint are true and correct to the best of his knowledge, information and belief and
understands the statements therein made are made subject to the penalties of 18 Pa.C.S.
34904 relating to unsworn falsification to authorities.
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Unifund CCR Partners
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
CIVIL DIVISION
ARBITRATION DIVISION
Plaintiff,
No. 00-3464
TEN DAY NOTICE
vs.
Filed on behalf of Unifund CCR
Partners, Plaintiff
SHERRY SPECK,
Defendant.
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa.I.D.#50041
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Defendant.
)
)
)
)
)
)
)
)
)
)
No. 00-3464
CIVIL DIVISION
ARBITRATION DIVISION
Plaintiff,
vs.
SHERRY SPECK,
TO: Sherry Speck
53 Magaro Road
Enola, Pennsylvania 17025
DATE OF NOTICE: July 5, 2000
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 BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
Jonat S. McAnney, Esquire
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa. I.D. #50041
TUCKER ARENSBERG, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the within Ten Day Notice was
served on the following by first class mail, postage pre-paid on July 5, 2000:
Sherry Speck
53 Magaro Road
Enola, Pennsylvania 17025
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa. I.D. #50041
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-03464 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UNIFUND CCR PARTNERS
VS
SPECK SHERRY
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
SPECK SHERRY
the
DEFENDANT
, at 0015:16 HOURS, on the 8th day of June
, 2000
at 53 MAGARO ROAD
ENOLA, PA 17025
by handing to
SHERRY SPECK
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
Service
Affidavit
Surcharge
18.00
9.92
.00
10.00
.00
37.92
So ;:::~~t
R. Thomas Kline
Sworn and Subscribed to before
06/09/2000
TUCKER AREN~
By: . ~/!A
Y Deputy Sheriff
me this :JI""';- day of
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
CIVIL DIVISION
ARBITRATION DIVISION
Plaintiff,
No. 00-3464
PREACIPE FOR WRIT OF EXECUTION
vs.
Filed on behalf of Unifund CCR
Partners, Plaintiff
SHERRY SPECK,
Defendant,
Counsel for Unifund CCR Partners:
vs.
ALL FIRST BANK,
Jonathan S. McAnney, Esquire
Pa. 1.0. #50041
Garnishee.
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS, ) CIVIL DIVISION
) ARBITRATION DIVISION
)
Plaintiff, ) No. 00-3464
)
vs. )
)
SHERRY SPECK, )
)
Defendant, )
)
vs. )
)
ALL FIRST BANK, )
)
Garnishee. )
PRAECIPE FOR WRIT OF EXECUTION
TO: Prothonotary
Please issue a Writ of Execution in the above-captioned matter:
(1) directed to the Sheriff of Cumberland County;
(2) against the Defendant Sherry Speck; and
(3) against the Garnishee All First Bank;
(4) and index this writ
(a) against Sherry Speck; and
(b) The All First Bank
(4)
Amount due
I nterest from 7/25/00
through 3/19/01
Total
$11,705.54
456.04
$12,161.58
TUCKER ARENSBERG, P.C.
S. cAnney, Esquire
for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS
,
Plaintiff,
vs.
SHERRY SPECK,
Defendant,
vs.
ALL FIRST BANK,
Garnishee.
Notice
)
)
)
)
)
)
)
)
)
)
)
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)
)
CIVIL DIVISION
ARBITRATION DIVISION
No. 00-3464
There is a judgment against you and your property is being taken or held in order to pay
it. The law provides that certain property cannot be taken. Such property is said to be exempt.
There is a debtor's exemption of $300.00 and an exemption of U.S. Social Security
benefits. There are other exemptions which may be applicable to you. Attached is a summary
of some of the major exemptions. There may be others which make it to your benefit to consult
an attorney.
If you have an exemption, you should do the following promptly:
(1) Fill out the attached claim form and demand for a prompt hearing;
(2) deliver the form or mail it to the Clerk of Court's Office at the address
noted.
You should come to court ready to explain you exemption. If you do not come to court
and prove your exemption, you may lose some of your property.
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 TO FIND OUT WHERE YOU CAN GET
LEGAL HELP:
LAWYER REFERRAK SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
'. ,~"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS ) CIVIL DIVISION
,
) ARBITRATION DIVISION
)
Plaintiff, ) No. 00-3464
)
vs. )
)
SHERRY SPECK, )
)
Defendant, )
)
vs. )
)
ALL FIRST BANK, )
)
Garnishee. )
CLAIM FOR EXEMPTION
To Sheriff:
I, the above named defendant, claim exemption of property from levy or attachment:
(1) From my personal property in my possession which has been levied upon,
(a)
I desire that my $300.00 statutory exemption be
kind (specify property to be set aside in kind):
(i) set aside in
_ (ii) paid in cash following the sale of the property levied upon; or
(b) I claim the following exemption (specify property and basis of exemption):
(2) From my property which is in the possession of a third party, I claim the following
exemption:
(a)
my $300.00 statutory exemption:
property and exemption);
in cash;
in kind (specify
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(b) Social Security benefits on deposit in the amount of
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(c) Other (specify amount and basis of exemption);
I request a prompt court hearing to determine the exemption. Notice of the hearing
should be given to me at:
.
I verify that the statements made in the Claim for Exemption are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Date:
THIS CLAIM TO BE FILED WITH THE
OFFICE OF THE SHERIFF
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
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MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW
1. $300.00 statutory exemption
2. Bibles, school books, sewing machines, uniforms and equipment
3. Most wages and unemployment compensation
4. Social Security benefits
5. Certain retirement funds and accounts
6. Certain veteran and armed forces benefits
7. Certain insurance proceeds
8. Such other exemption as may be provided by law
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
CIVIL DIVISION
ARBITRATION DIVISION
Plaintiff,
No. 00-3464
vs.
SHERRY SPECK,
Defendant,
vs.
ALL FIRST BANK,
Garnishee.
INTERROGATORIES TO GARNISHEE
TO: All First Bank
YOU ARE REQUIRED TO FILE ANSWERS WITH THE COURT UNDER OATH
TO THE FOLLOWING INTERROGATORIES WITHIN TWENTY DAYS AFTER SERVICE
UPON YOU. FAILURE TO DO SO MAY RESULT IN JUDGMENT AGAINST YOU.
1. At the time you were served or at any subsequent time, has the
defendant, either individually or jointly with any other party, maintained a checking, savings,
commercial, or other type of account at your institution, either as owner, agent, maker of or in
any other capacity?
ANSWER:
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2. If the answer to Interrogatory NO.1 is "yes", state for each account:
(a) Names in which such was maintained;
(b) Names and addresses of all persons or entities having an interest
therein;
(c) Names and addresses of all persons or entities authorized to draw
thereon;
(d) Account number;
(e) Location of office where account maintained;
(f) Date opened;
(g) Dollar amount therein on date of service;
(h) Date and amount of each deposit or withdrawal therefrom after the
date of service.
ANSWER:
3. At the time you were served or at any subsequent time, did you have in
your possession, custody or control (as fiduciary, trustee or otherwise) any property, tangible or
intangible, in which the defendant had any interest whatsoever, including but not limited to, trust
accounts, certificates of deposit, pledges, promissory notes, etc.
ANSWER:
4. If the answer to NO.3 is "yes", state:
(a) Brief description thereof;
(b) Location thereof;
(c) Date that you received same;
(d) Dollar amount or value thereof;
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(e) Terms upon which the property is being held;
(f) Names and addresses of all persons, entities, or companies
having an interest therein.
ANSWER:
5. At the time you were served or at any subsequent time, did you have a
security interest in any property in which the defendant had an interest either individually or
jointly with any other party or were you holding any document or title or other collateral of any
land as security for any loan or time purchase transaction in which your institution was a party?
ANSWER:
6. If the answer to NO.5 is "yes", state for each loan:
(a) Names and addresses of parties thereto;
(b) Original loan amount and present balance owed;
(c) Amount of monthly payments and whether current;
(d) With regard to the collateral for such loan, the names and
addresses of the owner thereof, a brief description thereof, and
the dollar amount or value thereof.
ANSWER:
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7. If the answer to NO.6 includes any motor vehicles, are you listed as an
encumbrance holder on the certificate of title and do you physically possess such certificate?
ANSWER:
8. If the answer to NO.7 is "yes", for each such motor vehicle, state the year,
make and type, title number and vehicle identification number.
ANSWER:
9. At the time you were served or at any subsequent time, did the defendant
maintain any safe deposit box with your institution, either as owner, agent, trustee or in any
other capacity, whether in its own name or under any other name?
ANSWER:
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If the answer to NO.9 is "yes", state:
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(a) Name and address of each person or other entity to whom the
safe deposit box is rented;
(b) Name of office where box is located and the number of such box;
(c) Name and address of each person or other entity having access
to the box;
(d) Date such box was originally rented;
(e) Whether access was made to such box subsequent to the time
you were served with these interrogatories.
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ANSWER:
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TUCKER ARENSBERG, P.C.
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By:
athan S. McAnney
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH Of PENNSYLVANIA)
COUN1Y OF CUMBERLAND)
NO. 00-3464 CIVIL 15X TERM
CIVIL ACTION - LAW
TO THE SHERIFF OF Cllmb"rland COUN1Y:
To satisfy the debt, interest and costs due Unifund CCR Partners
PLAINTIFF(S)
from Sherry Speck, 53 Magaro Road, Enola, PA 17025
DEFENDANT(S)
(1) You are clirected to levy upon the property of the defendant(s) and to sell All Personal Property
(2) You are also directed fo attach the property of the defendant(s) not levied upon in the possession of
All First Bank
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) isfare enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If propertyof the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other
than a named garnishee, you are directed to notny him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $11,705.54
from 7/25/00 through 3/19/01
Interest $4% JJ4
Atty's Comm %
L.L.
Due Prothy
Other Costs
$.50
$1.00
Atty Paid
Plaintiff Paid
$110.42
Date:
March 28, 2001
Curtis R. Long
Prothonotary, Civil Division
M ()~ p _ 2. /J;7r>>/lA--rf'
~
Deputy
~by:
REQUESTING PARTY:
Name Jonathan S. McAnney, Esq.
Address: 1500 one PPG Place
Pittsburqh, PA 15222
Attorney for: Plaintiff
Telephone: 412-566-1212
Supreme Court ID No. 50041
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2000-03464 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
UNIFUND CCR PARTNERS
VS
SPECK SHERRY
And now KENNETH GOSSERT
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0013:45 Hours, on the 30th day of May
, 2001, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
SPECK SHERRY
in the
hands, possession, or control of the within named Garnishee
ALL FIRST BANK 2 WEST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
AMANDA WILLIAMS (FINANCIAL SERVICE REP.)
personally three copies of interogatories together with 3
true
and attested copies of the within COMPLAINT & NOTICE
and made
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
So ansE ~
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R. Thomas Kline
Sheriff of Cumberland County
00/00/0000
Sworn and subscribed to before me
this '11Y day OfY"L
2MJI A.D.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS, ) CIVIL DIVISION
) ARBITRATION DIVISION
)
Plaintiff, ) No. 00-3464
)
vs. )
)
SHERRY SPECK, )
)
Defendant, )
)
vs. )
)
ALL FIRST BANK, )
)
Garnishee. )
INTERROGATORIES TO GARNISHEE
TO: All First Bank
YOU ARE REQUIRED TO FILE ANSWERS WITH THE COURT UNDER OATH
TO THE FOLLOWING INTERROGATORIES WITHIN TWENTY DAYS AFTER SERVICE
UPON YOU. FAILURE TO DO SO MAY RESULT IN JUDGMENT AGAINST YOU.
1. At the time you were served or at any subsequent time, has the
defendant, either individually or jointly with any other party, maintained a checking, savings,
commercial, or other type of account at your institution, either as owner, agent, maker of or in
any other capacity?
Sherry spe~S~rn~~ins savings account number 8000-000-2180708 solely.
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2. If the answer to Interrogatory NO.1 is "yes", state for each account:
(a) Names in which such was maintained;
(b) Names and addresses of all persons or entities having an interest
therein;
(c) Names and addresses of all persons or entities authorized to draw
thereon;
(d) Account number;
(e) Location of office where account maintained;
(f) Date opened;
(g) Dollar amount therein on date of service;
(h) Date and amount of each deposit or withdrawal therefrom after the
date of service.
ANSWER:
The balance on May 31, 2001 was $86.49. These funds were applied to
the bank service charge for processing the Writ. No other funds
are available and no funds have been held for this Writ.
3. At the time you were served or at any subsequent time, did you have in
your possession, custody or control (as fiduciary, trustee or otherwise) any property, tangible or
intangible, in which the defendant had any interest whatsoever, including but not limited to, trust
accounts, certificates of deposit, pledges, promissory notes, etc.
ANSWER: NO
4. If the answer to NO.3 is "yes", state:
(a) Brief description thereof;
(b) Location thereof;
(c) Date that you received same;
(d) Dollar amount or value thereof;
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(e) Terms upon which the property is being held;
(f) Names and addresses of all persons, entities, or companies
having an interest therein.
ANSWER:
5. At the time you were served or at any subsequent time, did you have a
security interest in any property in which the defendant had an interest either individually or
jointly with any other party or were you holding any document or title or other collateral of any
land as security for any loan or time purchase transaction in which your institution was a party?
ANSWER:
NO
6. If the answer to NO.5 is "yes", state for each loan:
(a) Names and addresses of parties thereto;
(b) Original loan amount and present balance owed;
(c) Amount of monthly payments and whether current:
(d) With regard to the collateral for such loan, the names and
addresses of the owner thereof, a brief description thereof, and
the dollar amount or value thereof.
ANSWER:
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7. If the answer to NO.6 includes any motor vehicles, are you listed as an
encumbrance holder on the certificate of title and do you physically possess such certificate?
ANSWER:
8. If the answer to NO.7 is "yes", for each such motor vehicle, state the year,
make and type, title number and vehicle identification number.
ANSWER:
9. At the time you were served or at any subsequent time, did the defendant
maintain any safe deposit box with your institution, either as owner, agent, trustee or in any
other capacity, whether in its own name or under any other name?
ANSWER:
NO
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10. If the answer to NO.9 is "yes", state:
(a) Name and address of each person or other entity to whom the
safe deposit box is rented;
(b) Name of office where box is located and the number of such box;
(c) Name and address of each person or other entity having access
to the box;
(d) Date such box was originally rented;
(e) Whether access was made to such box subsequent to the time
you were served with these interrogatories.
ANSWER:
TUCKERARENSBERG,P.C.
By:
C/l
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/ J hathan S. McAnney
I /
v 1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
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OFFiG[ Of THE SHEHIFF
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VERIEICATION
I, Joan E. German, verity that I am a Legal Assistant for Allfirst Bank a Maryland state-chartered
commercial bank organized and doing business under the laws of the State of Maryland; that I
make this verification on its behalf, being authorized to do so; that the statements made in the
foregoing Answers to Plaintiff s Interrogatories to Garnishee are true and correct to my personal
knowledge or information and belief. I understand that false statements made herein are made
subject to penalties of 18 Pa.C.S. s4904 relating to unsworn falsification to authorities.
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DATE U /J~/QI
CL-1
oan E. German
egal Assistant
Allfirst Bank
(410) 244-3803
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R, Thomas K1ine,Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff s Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Garnishee
18.00
1. 43
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.50
1.00
3.10
20.00
20.00
9.00
73.03
Sworn and Subscribed to before me
this (/t:: day of (2, Ju..d'
2002 AD. Q;c' Q InA,/J1L.,,~--
pro 0 otary
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Advance Costs:
Sheriff s Costs:
150.00
73.03
76.97
Refunded to Atty on 7/15/02
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R. Thomas Kline, Sheriff
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PLAINTIFF{S)
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO.
COUNTY OF CUMBERLAND)
00-3464 CIVIL 15l' TERM
CIVIL ACTION - LAW
TO THE SHERIFF OF Cllmberland COUNTY:
To satisfy the debt, interest and costs due Unifund CCR Partners
from Sherry Speck, 53 Magaro Road, Enola, PA 17025
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DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
All Personal Property
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
All First Bank
GARNISHEE(S) as !ollows:
and to notffy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee{s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant{s) or otherwise disposing
thereof;
(3) "property of the defendant(s) not levied upon an subject to attachment is found inthe possession of anyone other
than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $11,705.54
from 7/25/00 through 3/19/01
Interest $456 Q 1
Ally's Comm %
L.L.
$.50
$1. 00
r.,
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Due Prothy
Other Costs
Ally Paid
Plaintiff Paid
$110.42
Date:
March 28, 2001
Curtis R. Long
Prothonotary, Civil Division
a(J~" J 2. 7j7rJ//?/O-rro
~
Deputy
.1fI
~by:
REQUESTING PARTY:
Name Jonathan S. McAnney, Esq.
Address: 1500 One PPG Place
Pittsburgh, PA 15222
Attorney for: Plaintiff
Telephone: 412-566-1212
Supreme,QourtlD No. 50041
TRUE COPY FROM RECORD
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
vs.
SHERRY SPECK,
Plaintiff,
Defendant.
CIVIL DIVISION
ARBITRATION DIVISION
No. 00-3464
PRAECIPE FOR DEFAULT JUDGMENT
Filed on behalf of Unifund CCR
Partners, Plaintiff
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa.I.D.#50041
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 00-3464
vs.
SHERRY SPECK,
Defendant.
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
To Prothonotary:
Please enter Judgment by Default in the above-captioned case for the Plaintiff
and against Defendant, in the amount of $11 ,705.54 plus costs and interest, for failure to
answer or otherwise respond to the Complaint.
I hereby certify that the attached written Notice of Intention to take a Default
Judgment was mailed to the Defendant ten days prior to the filing of the Praecipe for Entry of
Default Judgment.
Date:
7 ~ 15-Oo
By:
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa.I.D.#50041
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYlVANIA
UNIFUND CCR PARTNERS,
vs.
SHERRY SPECK,
CIVIL DIVISION
ARBITRATION DIVISION
Plaintiff,
No. 00-3464
TEN DAY NOTICE
Filed on behalf of Unifund CCR
Partners, Plaintiff
Defendant.
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa.I.D,#50041
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS, .
Defendant
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
ARBITRATION DIVISION
Plaintiff,
No. 00-3464
vs.
SHERRY SPECK,
TO: Sherry Speck
53 Magaro Road
Enola, Pennsylvania 17025
DATE OF NOTICE: July 5,2000
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 BARASSOCIATION
_ 2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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JonathD S. McAnney, Esquire
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa.I.D. #50041
TUCKER ARENSBERG, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the within Ten Day Notice was
served on the following by first class mail, postage pre-paid on July 5, 2000:
Sherry Speck .
53 Magaro Road
Enola, Pennsylvania 17025
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa. I.D. #50041
TUCKER ARENS BERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
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