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Home My WebLink About02-6069IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, Plaintiff, VS. RICHARD W. ROLLINGS, Defendant. CIVIL DIVISION TYPE OF PLEADING: Complaint TYPE OF CASE: Civil Action Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 FILED ON BEHALF OF: HOUSEHOLD REALTY CORPORATION COUNSEL OF RECORD: Defendant's Address: 4085 Darius Drive Enola, PA 17055 CATHY ~ CHROMIILAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 MOLLICA & MURRAY Firm #952 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211-1205 (412) 381-7000 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL RE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, Plaintiff, vs. RICHARD W. ROLLINGS, Defendant. CIVIL DIVISION No. NOTICE YOU }{AVE BEEN SUED TO DEFEND 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 800-990-9108 ITHIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, Plaintiff, VS. RICHARD W. ROLLINGS, CIVIL DIVISION Defendant. COMPLAINT AND NOW COMES, the Plaintiff, HOUSEHOLD REALTY CORPORATION, by its Attorneys, Mollica & Murray, with its Civil Action Complaint, the following of which is a statement thereof: 1. HOUSEHOLD REALTY CORPORATION is a Corporation, duly authorized to conduct business in the Commonwealth of Pennsylvania with its principal office situate at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff". 2. RICHARD W. ROLLINGS is an adult individual residing at 4085 Darius Drive, Enola, PA 17055. 3. On or about May 3, 2001, Defendant entered into a Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit A" and incorporated herein. 4. Pursuant to the Agreement with Defendant, Plaintiff advanced funds to the Defendant. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 5. Defendant is in default under the terms and conditions of the aforementioned Agreement for failing to make payments when due, with the last payment having been made on or about June 6, 2002. 6. Pursuant to the terms of the Agreement, Plaintiff has the right to require payment of the entire amount owed upon default. The total amount due, including principal and interest, and owing by the Defendant is in the sum of THIRTY ONE THOUSAND, THO HUNDRED EIGHTY-FOUR and 42/100 ($31,284.42) DOLLARS as of November 11, 2002. 7. Numerous demands have been made upon Defendant by Plaintiff, but Defendant has failed or refused to pay. 8. Pursuant to the Agreement, Plaintiff is entitled to recover costs of collection and reasonable attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of THIRTY ONE THOUSAND, TWO HUNDRED EIGHTY-FOUR and 42/100 ($31,284.42) DOLLARS, with interest thereon at the rate of 19.99% from November 11, 2002, plus court costs and attorneys' fees. Respectfully submitted, MOLLICA & MURRAY 'THIS IS AN ATTEMPT TO COLLECT I A DEBT AND ANY INFORMATION ~ OBTAINED WILL BE USED FOR L THAT PURPOSE. By: CATF/Y ANN ~HROMU~AK, ESQ PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 Attorneys for Plaintiff 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 · SECONDARY MORTGAGE LOAN This'agreement is eject to the provisions of the Secondar~ .,iortgage Loan REVOLVING LOAN. FIXED RATE AGREEMENT (Page I of 5) LENDER (called "We", "Us", "Our") HOUSEHOLD REALTY CORPORATION 5106-H JONESTOWN RD COLONIAL COivlVlONS HARRISBURG PA 17112 BORROWERS (called "You", "Your"~ ROLLINGS. RICHARD W' SS# 192423230 4085 DARIUS DRIVE ENOLA PA 17055 LOAN NO: 713304-26-118361 ON PORTIOn OF AVEnAGE SALLY BA~.ANCE J MONTHt¥ PERCENTAGE ~ ~PLICATION PERIODIC RATE RAT~ ~ LO~ · 01 AND OVER 1.666 % ~ lg gO0 % 01 ~ 60. 50. O0 } L lQ ~is A~me~t, "you", "your" ~d "Bo~w~" m~n tAe ~mer(s) who ~g~ th~s A~m~t. "We", "us", oyr" ,rater ~ ~nd~. ~is a~ment ~v~ the m~s and ~nditio~ of your. Home ~l~tY C~it Line ~or~. K~o ~m carefuuy, ~k ~ any q~o~, ~d ff you a~ ~ ~ ~und by rna A~t, si ~low. If more thru one ~n si~, ~h will ~ r~blo for ~ying MI sums advanc~ un~r tMs A~t.~ Your Home ~uity CrMit Line is a rovolving linc of erst c~d~ t- -:~-' ............ · ! .... YOU ARE GIVING US A SECURITY INTEREST IN THE REAL ESTATE LOCATED AT THE ABOVE ADDRESS. REQUIRI~D INSURANCE. You must obl~in insurance for term of loan covering security for this loan as indicated by the word "YES" below, naming us as Loss Payee: ' ' Title Insurance on real estate security. Fire and extended coverage insurance on reel estate security. You ma}~ obtain an~ required insurance from an~rone ~ou cheese. - . NOTICE SEE THE FOLLOWING PAGES FOR ADDmO.' .... , .......... aa.n ,~Aon~ANT INFORMATION REGARDING YOUR RIGHTS TO DISPDll 03-ol-0o F PHL PA057451 ~RP759QO6D896RLAg000PA05745L~~ ORIGINAL RE¥ ~ ~VING LOAN FIXED RATE AGREEM.. f (Page 2 of 5) Available Credit: You may obtain funds directly from us or thrGugh y~)ur ~pecial checks up to your available credit. Your available credit is your credit limit (shown on page one) less the total unpaid balance, including Finance Charges, of your Account. If you make loan payments by check, we will adjust your available credit seven days after we receive your check to allow for check clearing. You agree not to request funds in an amount that would cause you to exceed your available credit. If you do so, we are not obligated to honor your request, but if we do lend you an amount over your available credit, you agree to pay ua that excess amount, plus Finance Charges, immediately upon our request. Minimum Draw and Balance Requirements: The maximum amount that may be withdrawn in any billing cycle is your available credit, l'h¢ minimum credit advance by check that you can receive is $100. Promise to Pay: You promise to pay Lender. (a) amounts borrowed under this Agreement; (b} Finance Charges, Administrative Charges (bad check charges and late charges), and other charges provided in this Agreement; (c) credit insurance charges, if any; (d) collection costs permitted by applicable law, including reasonable atWrney$' fees (if attorney is not our salaried employee) and court costs; (e) amounts in exce~ of your credit limit that we may lend you; and (f) amounts that we may (but need not) pay or that are otherwise due under your Mortgage. Payments:. You may repay your entire outstanding balance at any time without penalty. You may not use your special checks to pay any amounts due under this Agreement. Because the Periodic Finance Charge is computed each day, you will contact us regarding the exact payoff amount for the day you intend to make full payment. If you do not pay the entire unpaid balance on your Account at once, you agree to pay at least the minimum payment shown on your monthly statement. Payments will be applied as follows: First, to any accrued but unpaid Finance Charges; Second, to any unpaid Administrative Charges provided in this Agreement; Third, to any unpaid credit insurance charges; and Fourth, to the unpaid outstanding balance of your Account (including all other fees or charges you are obligat~l to pay). Any part of your monthly payment to be applied to amounts borrowed on your Account will be applied to the amounts borrowed under your Account in the order in which the amounts were borrowed. Any part of your monthly payment to be applied to Finance Charges will be applied in the same manner. The Minimum Monthly Payment for any billing cycle will be the greater of (1);~tKe greater of $25 or :the Base Minimum Monthly Payment Amount (as described below), plus any Administrative Char~es and credit insurance Charges, rounded to the nearest $1,0i' (2) the Finance Charges due for the billing cycle, plus any Administrative Ch~ge.an.cl credit insurance charges; In each' instance, the Minimum Monthly Payment will be adjusted to inclUde any unpaid amounts due from prior billing cycles or, (3) the amount of the Annual Fee assessed to your Account. The Base Minimum Monthly Payment depends on tho monthly periodic rate applicable to your Account, and is calculated as follows: Monthly Periodic Rate through i..33% over 1.33% through 1.45% over 1.45% through 1.57% over 1.57% through 1.70% over 1.70% through 1.83% over 1.83% Payment Amount 1.4356 of Account Balance 1.55% of Account Balance 1.67% of Account Balance 1.80% of Account Balance 1.93% of Account Balance 2.00% of Account Balance The term of this Agreement will end 15 years after the date of this Agreement, at which time you will be required to pay your entire remaining outstanding balance, plus all charges and Finance Charges as provided in this Agreement. The Minimum Monthly Payment will not fully repay the principal that is outstanding under this Agreement at the end of the 15-year term, and you will then be required to pay the entire remaining outstanding balance in a single payment. Finance Charges: Finance Charges are the total of (a) Periodic Finance Charges and (b) the Application Fee Finance edharge. (a) Periodic Finance Charges: This is the interest charged on the balance of your Account during each billing cycle. The Periodic l~'inance {dharg~ is calculated from the date that each advance, check or charge is posted to your Account. The Periodic Finance Charge is computed by multiplying the average daily balance in your Account in each billing cycle times the monthly periodic rate stated on page one. The average daily balance is determined by totaling all daily unpaid balances in each billing cycles and dividing the total by the number of days in that cycle. A daily unpaid balance is the amount owed each day, exclUding any unpaid Periodic Finance Charge, Administrative Charges, and credit insurance charges for prior billing cycles. NOTICE: SEE THE FOllOWING PAGES FOR ADDITIONAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING ERRORS. 03-01-00 J lllll]l Ill[IO fill[ Ill [Iii II Ilffl El II illlgll Il! IHIiI! Iii IllJgllf Ill l! Ill lillllll ~RP759Q06D89$RLA900DPA0574520~ROLL I NP.,S ~ OR ! S I NAL " REVOLV";G'LOAN FIXED RATE AGREEMENT '%ge 3'of $) (b) Application Fee Finance Charge: This is the one-time application fee cost that we charge for The~pplication ~'ee Finance CRarge is stated on page one and is due and payable on this date. Annual Fee: You agree to pay an Annual Fee as stated on page one for participation in this revolvin Initial Annual Fee is stated on page one and is due and payable on the date that your Account is es subsequent Annual Fee stated on page one is due and payable on the same day of each suhsequent year. fee may be charged to your Account balance. Bad CheckCharge: If you pay by a check which is returned for any reason, you agree ~o pay a bad cbee harga of $20. Late Charge: If you dt~ not pay any required Minimum Monthly P~yment within 15 days after it is du~ you agr~ w pay late charge of 10% of the Minimum Monthly ·Payment duo or $20, whichever is greater (excludin any unpaid late charges and amounts due from prior billing cyclea. Other Charges: You agree to pay any amounts acl~ally incurred by Lender for servieea rendered in connection with the redit Line Revolving Loan Account for title examination, appraisal, title insurance f ..... ' -. m connection with recordl,u ~l--~: ....... ._,. . ..... , ~ ann taxes pain .to pueiic officials Accbunt balance. --o .... ,~,,-g ,~ ~ausxymg the Mortgage. ~ou agree that thea~ fees may ~ charged to your Security: The real ca,ate Mortgage will secure a/l indebtedness, including future advances, under this Agreement. Exchange of Information: You understand that from time to time we may receive credit informatio~n concerning you from. ot,he~, such .as ?res, other lenders, and credit reporting agencies. You authorize us t : · regular ussm, we cotton related to your n, ;,o~,,a:__ ~ ......,. .. ..... o shoe any t.aformatmn, on a _ Accou ......... -sou, nut nmlte~ to cren~, reports ann insurance information, .with. any of .our affiliated corporations, subsidiaries or other third nn~ies The ,.~ ~t .t.. ...... inquiry to aetermine if you nualif= for aaa:*:~-' -,,- . _~- ;; · . ~ ut ~uu m~ormauon may mcmae an regarolng your Account with'an~, of our .t~:~:.+_a _____ ~. _:.. . -,~ ,~ -,- aua..}mLv lmormatlon the sha-;~- ~t .... ,_ · a* J. · atL~.Ha).~..I vorporauons, su~lo~al-l~ or other third narti~ v..' ....... ~..~... r a~taUl$ u~ lnlorm&tlofl aoout transactlon~ or experiences between us and you) by sending a written request which contains your full name, Social Security Number and · Address to us at P.O. Box 1547, Chesapeake, VA 23320. · If you fail to fulfill the terms of your credit obligation, a negative report reflecting on .your credo! 'submitted to a Credit Reportin~ A6enc~ You a ..... ~ ...... :... 'i etd may he of such department) may rel~ y~r r~idence~d~r~;a'--m-e x.~_~pa.r,t~.~en, t or Motor Vehicles (or your ~ate's equivalent- 0 ' ~nc~..~ LO 123, SflOUIO It 0~.,ome fl t ur. s. up~.v~SOry personnel may listen to telephone calls between -ou and ..... ~.. o Io~. ate y.o~ You agree that qua~i~y et our service to you ~ o.r rvpresentat~ves m oroe~ to evaluate the Changes in this Agreement: We may change the terms of this Agreement if you consent o ' or are tns~gmt~cant. We may change any ~moumo .u ....... . ..... - . r tf such ch,anges benefit you ......... ~ ~.~t ~or ~axes, property ~nsurance, or eri~it insurance, if applicable. Prior written notice of changes ~ill be given to you when required by applicable law. Chan lea may apply 'to both.n, ew..and ou.~t~tand!ug balances un!es~ prohibited by applicable law Termination of our crt 1 propmen m the Default and CanceF~*:^- ~ ....... ' y edi imit :ill occur only as ..... . u~ agreement ann ~uspension or Reduction of Credit Privile es" paragraphs. Tax Deductibility: You should consult a tax adviSOr regarding the deductibility of interest and charges ft r the crMit line. Default and Cancellation of Agreement: We have the right to terminate your Home Equity Crc .~t Line Account and to require you to pay your entire balance plus ali other accrued but unpaid charges immediately b~ Cause of: (a) failure to make two or more payments when due under this Agreement; (b) fraud or material misrepresentation in connection with the credit line, including failure to st pply us with any material information roqueated or supplying us with misleading, false, incomplete or incorrect material information; ' (c) the filing of a bankruptcy petition by or against you accompanied by failure to make any pa.~yment when due under this Agreement; (d) the death of any borrower who signs this Agreement which adversely affects the property or lout fights in the property securing this Agreement; (e) the institution of foreclosure proceedings or eondemnsfion proceedings on the property or th~t institution of a trustee sale by a lienholder or governmental seizure of the property; (f) the sale or transfer of any interest in the property securing this Agreement, without our consent (unless our consent is not required under your Mortgage); jng this Account. credit plan. The a.blished, and the ou agree that this NOTICE: SEE ERRORS. 03-01-00 F PHL THE FOLLOWING PAGES FOR ADDITIONAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHT KRP759QO6DBgSRLAgOOOPAO$74530~ROLL ING$ ORIGINAL 'O DISPUTE BILLING PA057453 REVC...VING LOAN FIXED RATE AGREEM~.,~'F (Page 4 of 5) (g) the creation of a lien on thc property if such lien adversely affects the property or our rights in the property securing this Agreement; (h) failure to maintain the property, failure to pay real estate taxes on the property, abandonment of the property, failure to keep the property insured, or any action which is a default under your Mortgage or Deed of Trust which adversely affects the property or our rights in the property securing this Agreement; or (i) any other action or inaction you take that adversely affects the property or our rights in the property securing this Agreement. After default, you will pay our court costs, reasonable attorney fees (if attorney is not our salaried employee),, and other collection costs related to the default, if not prohibited by applicable law. Any balance outstanding under this Agreement when the credit limit is terminated will continue to accrue in'cerest at the contract rate until paid in full, or until judgment is entered. Suspension or Reduction of Credit Privileges: We have the right to prohibit additional advances or extensions of credit and to reduce the credit limit applicable to tiffs Agreement if: (a) the amount of your unused equity in the property securing this Agreement has decreasedby 50% or more (from the amount of your unused equity at the time the current credit limit was established), based on a decrease in the appraisal value from the time the current credit limit was established; (b) we reasonably believe that you will be unable to fulfill the repayment obligations under this Agreement because of a material change in your financial circumstances (including the filing of a bankruptcy petition); (c) you are in default of any of the material terms or conditions of this Agreement, including frequent overdraws of your line of credit or failure to use or occupy the property securing this Agreement as your primary residence; (d) any governmental action occurs that prevents us from charging the annual percentage rate provided for in this Agreement or that adversely affects our rights in the property securing this Agreement such that the value of our security interest in the property is less than 120% of your credit limit; (e) any regulatory agency has · notified us that continued adVances would constitute an unsafe and unsound practice; (f) any borrower who signs this Agreement requests us to prohibit additional advances or to reduce the credit limit; or (g) any of the events listed under 'Default and Cancellation of Agreem~nt~rs Notice will be given to you as required by applicable law. Miscellaneous: If any provision of this Agreement is finally determined to be void or unenforceable under any law, rule, or regulation, all other provisions of this Agreement will remain valid and enforceable. Our failure to enforce any terms of this Agreement shall not be deemed to constitute a waiver of such terms. In order for any amendment to this Agreement to be valid, it must be approved by us in writing. YOUR BILLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and Lender's responsibilities under the Fair Credit Billing Act. Notify Lender In Case of Errors or Questions About Your Bill If you think your bill is wrong, or if you need more information about a transaction on your bill, write Lender on a separate sheet at the address listed on your bill after the words:. "Send your billing error notice to: (Lender's name and address)." Write to Lender as soon as possible. Lender must hear from you no later than 60 days after Lender sent you the first bill on which the error or problem appeared. You can telephone Lender, but doing so will not preserve your rights. In your letter, give Lender the following information: · Your name and Account number. · The dollar amount of the suspected error. · Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. NOTICE: SEE THE FOLLOWING PAGE FOR ERRORS. ADDITIONAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE RILUNG 03-01-00 "RPT59Q060896RLA9000PAOS74540..ROLL Ii'dOS ORIGINAL · - ' RyVOL¥ ~ LOAN FIXED RATE AGREEMEN~i age 5 of 5} Your Rights ani~ Lender s Responsibilities After Lender Receives Your Written Notice Lender must acknowledge your letter within 30 days, un/ess Lender has corrected the error by then Within 90 days", Lender must either correct the error or explain why Lender believes the bill was correct. ,,--,~ ~,, om you ~or me amount you question incl,,.~:n- fi ...... q · amount against your credit lien;* v~,, .~ ....~ ..... ' ..~ s. nance charges, aaa Lender em a I un ' ........ .v~ nave ~o pay any quest~onea amount ' · · · ~ P.P y any s~ill ob//gated to pay ~he parts of your bill that are not in question, while Lender m lnve~igaang, but you ate If Lender finds that Lender made a mistake on your bill, you will not have to pay any finance charL related to aa~t questioned amount. If Lender did not make a mistake, you may have to any. missed payments on the auestion ...... · .... -. . pay finance charges, and you wiH have 'o rnalr~ · ~ ed ........ ~ m earner case Leaner will send you a statement of the~ amo;~t you ann the date that it is due ' If you fail to pay the amoun~ that Lender thinks you owe, Lender may report you as delinquent. I-In'ever, if Lender'~ explanation does not satisfy you and you write ~o Lender within ten days telling Lender that you still refuse to pay, Lendei' must tell anyone Lender repons you to that you have a question about our bill. ' anyo?e .L _.der ,oned yo, to. nder tell anyone Le d-- ----Ly . X der must ll!yo, the or us when it finally is. ~ ~ ,~,,on.s you to mat tt~e matter has beda settled betwee~ doesn't follow thes rul , Lender can't coll~t the first $50 of the questioned amount, eveI if your bill was Alternative Dispute Resolution and Other Rider,-: The terms of th ' · slgn?a as part or trna loan transaction are moor . . e A. rbltr?on Agreement and ~any other Riders A- 1 ..... porated mtn this Agreement by reference pp lcame Law: The terms and conditions of this Agreement will be governed b t - · b'-'~fi~'~o~gage Loan Act, Title 7, Chapter 66, Sections 6601 throu-~- ~,,v, , Y. h,~ W_ov~s~ons of lthe Pennsylvania s- ~zt, ruraon a Pennsylvania IStatutes. Before signing this Agreement, you have read'and received this Agreement and the Federal T~uth-In-Lendiag disclosures contained in it.' You, the eustomer(s] signing below, agree t° observe the terms an~l. conditions of this Agreement. This Agreement is governed by the provisions of Pennsylvania Secondary Mortgage Loan Act and applicable Federal law. :, Customer Signature Witness: F PHL Customer Signature ~RPTSgQ050896RLAg000PA0574550nnROL L ~NP-~ ORIGINAL PA057455 VERIFICATION I, Stacey Arrington, Recovery Specialist for HOUSEHOLD REALTY CORPORATION, A HOUSEHOLD INTERNATIONAL COMPANY verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief, and that I am authorized to verify such Complaint on behalf Of HOUSEHOLD REALTY CORPORATTON..z_A HOUSEHOLD TNTERNATIONAL CO.ANY . I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. _ J Stagy A~rington ~. Dated: December 18, 2002 'THIS I~ AN ATTEMPT TO COl I n DEBT AND ANY INFOI~MATION OI~I'AINEI) WILL BE USED FOR TOTAL PAGE.82 *;¢ SHERIFF'S RETURN - REGULAR CASE NO: 2002-06069 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS ROLLINGS RICHARD W HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ROLLINGS RICHARD W the DEFENDANT , at 1851:00 HOURS, on the 27th day of December , 2002 at 4085 DARIUS DRIVE ENOLA, PA 17025 by handing to RICHARD W ROLLINGS 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 8.97 Affidavit .00 Surcharge 10.00 .00 36.97 Sworn and Subscribed to before me this j.~C day of ~/~)~ A.D. ! t~rothonot ary So Answers: R. Thomas Kline 12/30/2002 MOLLICA & MURRAY By: y~/ ~-~_ · De'~uty Sh~iff IN THE coURT OF COMMON pLEAS OF CUMBERLAND cOL~NTY' pENNSYLVANIA HOUSEHOLD REALTY coRpORATION' ~ No. 02-6069 plaintiff, vs. RICHARD W. ROLLINGS, Defendant' praecipe_f~ment Default CIVIL ACTION FILED ON BEHALF OF: HouSEHOLD REALTY CORPORATION Plaintiff's Address: 2700 sanderS Road prospect HeightS, IL Defendant's addreSS: 4085 Darius Drive Enola, PA 17055 60070 coUNSEL OF RECORD: cATHY ~ ~{ROMULAK, ESQ. PA ID NO. 4~'067 MICHELLE D. SMITH, ESQ. PA ID NO. 7~800 MOLLICA & MURRAY FIRM ~952 450 Trimont Plaza 1305 Grandview Avenue pittsburgh, PA (412) 381-7000 THIS IS AN ATTEMPT TO CO DEBT AND ANY INFORMA TO: defendant, RICHARD W. ROLLINGS, follows: Amount claimed in Complaint: Interest from 11/12/02 thru 1/29/03: Costs of Collection thru 1/29/03: TOTAL PROTHONOTARY. Please ~nter judgment by default against the within-named for failure to file an Answer as $31,284.42 1,166.42 574.50 $33,025.34 With interest accruing on the total balance of ~ at the rate of 6% per annum, together with additional costs of suit. '~AT~Y A~ CHROMULAK,--~SQUIRE MICHELLE D. SMITH, ESQUIRE Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATION OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMEN~ COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and State, personally appeared MICHELLE D. SMITH, ESQUIRE, attorney for and authorized representative of plaintiff who, being duly sworn according to law, deposes and says that the defendant is not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed to defendant on January 17, 2003 by certificate of mailing in accordance with Pa.R.C.P. 237.1, as evidenced by the attached copy. CATHY ANN CHROMULAK, ESQ. MICHELLE D. SMITH, ESQ. Sworn to and subscribed before me this .~9~day offS, 2003. /~otary Public /~ A!Jegheny Cou'my ...... Expires Jan. 29 2005 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, HOUSEHOLD REALTY CORPORATION, Plaintiff, VS. RICHARD W. ROLLINGS, Defendant. CIVIL DIVISION No. 02-6069 PENNSYLVANIA TO: RICHARD W. ROLLINGS 4085 Darius Drive Enola, PA 17055 DATE OF NOTICE: January 17, 2003 ~MPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEAR3LNCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 CA/TNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 - 800-990-9108 By: CATHY A/qN CHROMULAK, ESQ. MICHELLE D. SMITH, ESQ. Attorneys for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, VS. RICHARD W. ROLLINGS, and MD PENN BANK, CIVIL DIVISION Plaintiff, No. 02-6069 Defendant, Garnishee. PRAECIPE FOR WRIT OF EXECUTION TO: The Prothonotary Please issue a Writ of Execution in the above matter, 1. directed to the Sheriffof CUMBERLAND County; 2. against RICHARD W. ROLLINGS, defendant, an~ 3. against PENN BANK, garnishee, - q/,.,9,Z {2.:~a.h~t~. 4. and index this writ I lO.CC) a. against RICHARD W. ROLLINGS, defendant, and b. against PENN BANK, garnishee, and any property of the defendant in the name o f Garnishee: Said Writ of Execution is pursuant to all monies due defendant in any accounts, individual and joint, personal and business. Amount of Judgment Additional Interest to Date (Costs to be added) $33,025.34 $ 374.29 $ Pursuant to Writ of Execution And Service of Writ THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. $33,399.63 MICHELLE D. SMITH, ESQ. , ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-6069 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD REALTY CORPORATION, Plaintiff (s) From RICHARD W. ROLLINGS, 4085 DARIUS DRIVE, ENOLA, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of PENN BANK, 4622 CARLISLE PIKE, MECHANICSBURG, PA 17050 - GARNISHEE ANY AND ALL PROPERTY OF THE DEFENDANT IN THE NAME OF GARNISHEE - SAID WRIT OF EXECUTION IS PURSUANT TO ALL MONIES DUE DEFENDANT IN ANY ACCOUNTS INDIVIDUAL AND JOINT, PERSONAL AND BUSINESS. GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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 property of 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 notify him/her that he/she has been added as a gamishee and is enjoined as above stated. Amount Due $33,025.34 Interest $374.29 Atty's Comm % Atty Paid $118.97 Plaintiff Paid Date: APRIL 17, 2003 (Seal) REQUESTING PARTY: Name MICHELLE D. SMITH, ESQUIRE Address: MOLLICA & MURRAY 450 TRIMONT PLAZA 1305 GRANDVIEW AVENUE PITTSBURGH, PA 15211-1205 Attorney for: PLAINTIFF Telephone: 412-381-7000 Supreme Court ID No. 74800 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy 10 0 8 Department of the Treasury - Internal Revenue Service Form 668 (Z) IRev. 10-2000) Area: I Serial Number SMALL BUSINESS/SELF EMPLOYED AREA #3 Lien Unit Phone: (412) 395-5265 230301345 I certify that the following-named taxpayer, under the requirements of section 6325 (a) of the Internal Revenue Code has satisfied the taxes listed below and all statutory additions. Therefore, the lien provided by Code section 6321 for these taxes and additions has been released. The proper officer in the office where the notice of internal revenue tax lien was filed on February 20 2003 , is authorized to note the books to show the release of this lien for these taxes and additions. Name of Taxpayer JAYNE A EVA_~S Certificate of Release of Federal Tax Lien Residence3515 BEECH RUN LN MECHANICSBURG, PA 17050-2207 Liber n/a Pac~e n/a COURT RECORDING INFORMATION: UCC No. Serial No. n/a 03-757 FTL Tax Period Ending 12/31/2001 Identifying Number 167-58-5823 Date of Assessment 02/18/2002 Kind of Tax Prothonotary Cumberland County Carlisle, PA 17013 1040 Place of Filing For Use by Recordin~l Office Last D.a.~ for Refihng 03/19/2012 Total Unpaid Balance of Assessment fi) 6220.37 6220.37 This notice was prepared and signed at Philadelphia, PA , on this, the 16th dayof April ,__2003. Signature~/~~,/~ I Title ManagerC°mpliance Technical Support (NOTE: Certificate o'~fficer authorized by law to '~e acknowledgments is not essential to the validity of Certificate of Release of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 409) Form 6~8 (Z) (Rev. 10-2000) Part ! - RECORDING OFFICE CAT. NO 600261 REVK-300 (8-01) REV00K10 BUREAU OF COMPLIANCE DEPT. 280948 HARRISBURG, PA 17128-0948 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE V. CENTRAL PENN INC COLLEGE HILL ROAD SUNNERDALE PA 17B93 AUTHORITY TO SATISFY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NUMBER: 03-54 DATE FILED: January 6, 2003 EIN: 23-1857027/000 NOTICE NUMBER: 103-983-403-013-0 To the Prothonotary of CUMBERLAND County: The Commonwealth of Pennsylvania, Department of Revenue, the Plaintiff in the above action, acknowledges that the above captioned Lien/Judgment note should be removed from the records thereof. AND you, the Prothonotary of said Court, upon receipt by you of your costs of satisfaction are hereby authorized and empowered, in the name and stead of the Plaintiff, to enter full satisfaction upon the record as fully and effectually, to all intents and purposes, as we could were we present in person to do so; and for doing so, this shall be sufficient warrant of authority. IN TESTIMONY WHEREOF, there is hereunto affixed the Seal of the Department of Revenue, Commonwealth of Pennsylvania, this 30 day of January, 2003. Larry P. Williams Secretary of Revenue Dorothy A. Totton Director, Bureau of Compliance OZ Z~ z~ I--Itl 0 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, Plaintiff, VS. RICHARD W. ROLLINGS, and Defendant, MID PENN BANK Garnishee. CIVIL DIVISION No. 02-6069 TO: MID PENN BANK 4622 CARLISLE PIKE MECHANICSBURG PA 17050 You are required to file Answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. INTERROGATORIES TO GARNISHEE FIRST: At the time you were served or at any subsequent time did you owe the Defendant any money or were you liable to him/her on any negotiable or other written instrument, or did he/she claim that you owed him/her any money or that you were liable to him/her for any reason: RESPONSE: Checking account number 9006636 in the name of Richard W. Rollings having a balance of $1,370.35 as of April 30, 2003 SECOND: If your response to the previous interrogatory was anything other than an unqualified negative, set forth the amount of the claim, and identify the written instrument, if any, that forms the basis of the claim. RESPONSE: See answer to nr. 1 Above THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIRD: At the time you were served or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by the Defendant? The scope of this interrogatory encompasses, but is not restricted to, the contents of any bank account(s). RESPONSE: See answer to hr. 1 above FOURTH: If your response to the previous interrogatory was anything other than an unqualified negative, identify the property, and in the case of monetary assets, state the amount. RESPONSE: See answer to nr. 1 above FIFTH: At the time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the Defendant (or in which Defendant) held or claimed any interest. RESPONSE: See answer to nr. 1 above SIXTH: If your response to the previous interrogatory was anything other than an unqualified negative, identify the property, and in the case of monetary assets, state the amount. RESPONSE: See answer to nr. 1 above SEVENTH: At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which the Defendant had any interest? RESPONSE: See answer to nr. 1 above THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EIGHTH: If your response to the previous interrogatory was anything other than an unqualified negative, identify the property, and in the case of monetary assets, state the amount. RESPONSE: See answer to nr. 1 above NINTH: At any time before or alter you were served, did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefore? RESPONSE: See answer to hr. 1 above TENTH: If your response to the previous interrogatory was anything other than an unqualified negative, identify the property, and in the case of monetary assets, state the amount, and state the date of the transfer and the name and address of the transferee(s). RESPONSE: See answer to hr. 1 above ELEVENTH: At any time after you were served, did you pay, transfer or deliver any money or property of the Defendant or to any person or place pursuant to their direction or otherwise discharge any claim of the Defendant against you? RESPONSE: No THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. TWELFTH: If your response to the previous interrogatory was anything other than an unqualified negative, identify the property, in the case of monetary assets, state the amount, and state the date of transfer and the name and address of the transferee(s). RESPONSE: Respectfully submitted, MOLLICA & MURRAY Cathy Ann Chromulak, Esq. Michelle D. Smith, Esq. 1305 Grandview Avenue 450 Trimont Plaza Pittsburgh, PA 15211 (412) 381-7000 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN AFFIDAVIT I, ff~ ~' /~lJ[/a'/~ Security Officer of Mid Penn Bank, a Pennsylva~nia ba(uking corporation, being duly sworn according to law, do depose and say that the answers set foith in the foregoing Interrogatories are true and correct based upon the best of my knowledge, information and belief. MID PENN BANK Officer Sworn and subscribed to before me, a Notary Public, this ~)'/~ dayof 2002 ! Notary Public my commission expires: (seal) Notarial Seal Rena K. McCormick, Notary Public Millersburg Boro, Dauphin County My Commission Expires Mar. 7, 2006 Member. Pennsylvania Assoclal~n Of WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-6069 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD REALTY CORPORATION, Plaintiff (s) ~ From RICHARD W. ROLLINGS, 4085 DARIUS DRIVE, ENOLA, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of PENN BANK, 4622 CARLISLE PIKE, MECHANICSBURG, PA 17050 - GARNISHEE ANY AND ALL PROPERTY OF THE DEFENDANT IN THE NAME OF GARNISHEE - SAID WRIT OF EXECUTION IS PURSUANT TO ALL MONIES DUE DEFENDANT IN ANY ACCOUNTS INDIVIDUAL AND JOINT, PERSONAL AND BUSINESS. GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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 property of 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 notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $33,025.34 Interest $374.29 Atty's Comm % Atty Paid $118.97 Plaintiff Paid Date: APRIL 17, 2003 (Seal) REQUESTING PARTY: Name MICHELLE D. SMITH, ESQUIRE Address: MOLLICA & MURRAY 450 TRIMONT PLAZA 1305 GRANDVIEW AVENUE PITTSBURGH, PA 15211-1205 Attorney for: PLAINTIFF Telephone: 412-381-7000 Supreme Court ID No. 74800 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, Plaintiff, VS. RICHARD W. ROLLINGS, and Defendant, MID PENN BANK, Garnishee. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 CIVIL DIVISION No. 02-6069 TYPE OF PLEADING: Praecipe to Settle and Discontinue Against Garnishee ONLY TYPE OF CASE: Civil Action FILED ON BEHALF OF: HOUSEHOLD REALTY CORPORATION COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, EsQ. PA ID NO. 74800 MOLLICA & MURRAY Firm #952 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211-1205 (412) 381-7000 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, Plaintiff, VS. RICHARD W. ROLLINGS, and Defendant, MD PENN BANK, Gamishee. CIVIL DIVISION No. 02-6069 PRAECIPE TO SETTLE AND DISCONTINUE AGAINST GARNISHEE ONLY TO PROTHONOTARY: Please settle and discontinue this action against the above garnishee, MID PENN BANK and mark the docket accordingly. Sworn to and subscribed Before me this ~=,)* '~t day of /¥{o..~, ,2003. '%, i Respectfully submitted, MOLLICA & MURRAY CATHY'ANN CHROMULAK, ESQUIRE MICHELLE D. SMITH, ESQUIRE Attorneys for Plaintiff 1305 Grandview Avenue 450 Trimont Plaza Pittsburgh, PA 15211-1205 Notarial Seal Sherrl L. Murphy, Notary Public City of Pittsburgh, Allegheny County My Commission-Expires May 30, 2005 Member, Pennsylvania Association of Notaries THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CERTIFICATE OF SERVICE I, Michelle D. Smith, Esquire, counsel for HOUSEHOLD REALTY CORPORATION, hereby certify that a true and correct copy of the foregoing Praecipe to Settle and Discontinue Against Garnishee Only was served upon the following by First Class Mail, postage prepaid on this 2ND day of MAY, 2003. MD PENN BANK 4622 CARLISLE PIKE MECHANICSBURG PA 17050 JAMES P. SHEPPARD, ESQUIRE 2201 NORTH SECOND STREET HARRISBURG PA 17110 Michelle D. Smith, Esq. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, Plaintiff, VS. RICHARD W. ROLLINGS, Defendant. Plaimiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 CIVIL DIVISION No. 02-6069 TYPE OF PLEADING: Praecipe to Satisfy Judgment TYPE OF CASE: Civil Action FILED ON BEHALF OF: HOUSEHOLD REALTY CORPORATION COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 SCOTT E. CRAWFORD, ESQ. PA ID NO. 89570 MOLLICA & CHROMULAK Firm #952 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh,, PA 15211-1205 (412) 381-7000 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, Plaintiff, VS. RICHARD W. ROLLINGS, Defendant. CIVIL DIVISION No. 02-6069 PRAECIPE TO SATISFY JUDGMENT TO PROTHONOTARY: Please satisfy the judgment against RICHARD W. ROI,LINGS, at No. 02-6069, and mark the docket accordingly. Respectfully submitted, MOLLICA & CHROMULAK ~Y~~~AK, ESQ. PA ID NO. 42067 SCOTT E. CRAWFORD, ESQUIRE PA ID NO. 8957C, Attorneys for Plaintiff 1305 Grandview Avenue 450 Trimont Plaza Pittsburgh, PA 15211-1205 Sworn to and subscribed Befor~ me this al,u_ .day o f~.lxa~, 2003. Notar~Phblic ~- / J THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Notarial Seal ~Sl~r~ L. Murphy, Notary Public ~,,Ly ~ ittsburgh Allegheny Count~ My Commission Expires May 3(~, CERTIFICATE OF SERVICE I, Scott E. Crawford, Esquire, counsel for HOUSEHOLD REALTY CORPORATION, hereby certify that a true and correct copy of the foregoing Praecipe to Satisfy Judgment was served upon the following by First Class Mail, postage prepaid on this 9th day of September, 2003. JAMES P. SHEPPARD, ESQ. 2201 NORTH SECOND STREET HARRISBURG, PA 17110 Scott E. Crawford;Esq. THIS I$ AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned STAYED. SheriWs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Post Pone Sale Garnishee TOTAL 18.00 1.54 .50 1.00 8.28 20.00 20.00 9.00 $ 78.32 Advance Costs: 150.00 SherifFs Costs: 78.32 $ 71.68 Refunded to Atty on 01/09/04 Sworn and Subscribed to before me So Answers; ? / This 20 dayOf~ ~'~~,~-4 -- ~- ~' _ ! . _ R. Thomas Klin~', Sheriff ~00~^.~. c)~mot~5~4~ ~ ~ ~& By Claudia A. Brewbaker