HomeMy WebLinkAbout00-05952
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In the Court of Common Pleas of Cumberland County, pennsylvania
UGI Utilities Inc.
Plaintiff
vs.
Ci vi! Action - In L}I;w c::.....,..--
No. 00 - S9S':J...... c.:;UI( I~
Ruthann Ciecierski
Defendants
ARBITRATION
COMPLAINT
NOTICE
You have been sued in court. If you wish to defend
against the claims set forth in the following pages,
you must take action within twenty (20) days after
this complaint and notice are served, by entering a
written appearance personally or by attorney and
filing in writing with the court your defenses or
objections to the claims set forth against you. You
are WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY
PROCEED WITHOUT you and a judgment may be entered
against you by the court without further notice for
any money claimed in 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 17013-3387
(717) 249-3166/ (800) 990-9108
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In the Court of Common Pleas of Cumberland County, Pennsylvania
UGI Utilities Inc.
Plaintiff
vs.
Civil Action - In Law
No. (HJ. S'1.5".z. C.t.V.:A I L/A<.<.
Ruthann Ciecierski
Defendants
ARBITRATION
COMPLAINT
1. This is an action by plaintiff, UGI Utilities Inc., to
recover damages from defendant arising out of a debt defendant
owes to plaintiff by virtue of an gas service account numbered
220-479-1850-76.
2. UGI Utilities Inc. is a Pennsylvania corporation duly
organized and existing and licensed to do business as a public
utility under the laws of the Commonwealth of Pennsylvania with a
principal place of business at 225 Morgantown Road, Reading, PA
19612.
3. Defendant, Ruthann Ciecierski, is an adult individual
residing at 20A West Springville Road, Boiling Springs, PA 17007.
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COUNT 1
Under 23 Pa.C.S.A. See 4102
4. At all times relevant hereto, plaintiff was engaged in
the business of producing, furnishing, supplying and distributing
utility service to persons and businesses who requested utility
service in accordance with the Rate Schedules and General Rules
and Regulations of Plaintiff's Tariff presently on file with the
Public Utility Commission.
5. Plaintiff supplied utility service to Ruthann
Ciecierski at the property located at 4183 Grouse Court AI04,
Mechanicsburg, PA 17055.
6. A judgment was filed against Lawrence Ciecierski for
the utility service on or about December 8, 1999 in the amount of
$2041.98.
7. The outstanding balance due is $2041.98 plus interest
and costs as reflected in defendant's statement of account which
contains information taken directly from plaintiff's original
business records, and which includes the unpaid balance and all
appropriate debits, and credits, and late charges and which is
attached hereto and marked Exhibit "A", incorporated herein by
reference and made a part hereof.
8. The utility service which was provided by the plaintiff
to the defendant was received, accepted, and utilized for the
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benefit of said defendant.
9. Gas service was provided as a necessary to the
defendant under 23 Pa. C.S.A. see 4102 for the support and
maintenance of the family of the defendant.
10. Plaintiff has not been able to collect the judgment
from Lawrence Ciecierski.
11. Despite demands upon defendant for payment by the
plaintiff, defendant has failed and refused to pay plaintiff the
balance due and owing on said account(s).
WHEREFORE, there is now due and owing from the
defendant to the plaintiff the amount of $2041.98.
COUNT 2
12. Paragraphs 1 through 11 are incorporated herein by
reference and made part hereof.
13. The utility service which was provided by plaintiff to
defendant was received, accepted and utilized for the benefit of
said defendant.
14. Despite demands upon defendant for payment by the
plaintiff, defendant has failed and refused to pay plaintiff the
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balance due and owing on said account.
15. Defendant has been unjustly enriched by utilizing but
not paying for the gas service.
Wherefore, there is now due and owing from the defendant to
the plaintiff the amount of $2041.98 plus interest and costs.
Respectfully submitted,
Krzywicki & Associates
Date: August 8, 2000
By:
Anth n
PO Bo 505
New Hope, PA
215-862-4390
Attorney for Plaintiff
Attorney I.D. 23754
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VERIFICATION
I, Cynthia E. Coffin, an employee ofUGI Utilities, Inc., being authorized to do so,
verify that the statements made in the foregoing pleadings are true and correct to the best
of my knowledge, information and belief. To the extent any averments therein are
inconsistent in fact, I have been unable, after reasonable investigation, to ascertain which
are true, but I have knowledge or information sufficient to form a belief that one of them
is true. This statement is made subject to the penalties of 18 P.A. C.S. Section 4904,
relating to unsworn falsification to authorities.
UGI Utilities, Inc.
Dated:
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BY: ~ E~
Cy hia E. Coffin
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STATEMENT OF ACCOUNT
Lawrence Ciecierski and Ruthann Ciecierski established the following accounts with UGI Utilities Inc. with the
following balances and charges:
Account Number/
Service Address
Acct Type
Service to:
Balance
220-479-1850-76 Ga
4183 Grouse Court, A104, Mechanicsburg, PA 17055
/ /
$2041.98
Total Delinquent Balance: $2041.98
EXHIBIT A
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-05952 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UGI UTILITIES INC
VS
CIECIERSKI RUTHANN
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CIECIERSKI RUTHANN
the
DEFENDANT
, at 0009:14 HOURS, on the 12th day of September, 2000
at 20A WEST SPRINGVILLE ROAD
BOILING SPRINGS, PA 17007
by handing to
RUTHANN CIECIERSKI
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
3.72
.00
10.00
.00
31.72
So Answers:
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R. Thomas Kline
09/13/2000
KRZYWICKI &
Sworn and Subscribed to before
By:
"":ocmES _)
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Deputy Sherif
me this ISo(:; day of
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589U2
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse * Carlisle, PA 17013
Lawrence E. Welker
Prothonotary
TO: Ruthann Ciecierski
20A W. Springville Road
Boiling Spring, PA 17007
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
UGI Utllities Inc.
Plaintiff
civil Action - In Law
vs
No. 00-5952 CV
Ruthann Ciecierski
Defendant
ARBITRATION
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
NOTICE
Pursuant to Rule 236 of the Supreme Court of pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
(XX)
( )
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( )
( )
Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court Findings
Lawrence E. Welker
Prothonotary
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL
ATTORNEY FOR THE FILING PARTY:
Anthony P. Krzywicki
Krzywicki and Associates
1 Neshaminy Interplex
P.O. Box 505
New Hope, PA 18938
800-296-2103
Attorney I.D. NO.23754
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589U2
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
UGI Utllltles Inc.
Plaintiff
Civil Action - In Law
vs
No. 00-5952 CV
Ruthann Ciecierski
Defendant
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
ARBITRATION
PRAECIPE FOR JUDGMENT AGAINST
DEFENDANT FOR FAILURE TO PLEAD
To the Prothonotary:
COUNT 1
UGI Utilltles Inc. vs.
Ruthann Ciecierski
Kindly enter default judgment in favor of Plaintiff, UGI
Utilities Inc. and against Defendant, Ruthann Ciecierski for failure
to plead to Plaintiff's Complaint as follows:
Amount Past Due:
TOTAL
$ 2041. 98
$ 2041. 98
together with interest thereon from the date of judgment forward
and all costs of this action.
I hereby certify to the best of my knowledge and belief as
follows:
1. The true and correct address of the Plaintiff, UGI
Utilities Inc., is 225 Morgantown Road, Reading, PA 19612-3009.
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2. The true and correct address of the Defendant, Ruthann
Ciecierski, is 20A W. Springville Road, Boiling Spring, Cumberland
County, PA 17007.
Krzywicki
DATED: November 20, 2000
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SHERIFF'S RETURN - REGULAR
'S <6GtvJ-
CASE NO: 2000-05952 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UGI UTILITIES INC
VS
CIECIERSKI RUTHANN
BRIAN BARRI CK
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CIECIERSKI RUTHANN
the
DEFENDANT
, at 0009:14 HOURS, on the 12th day of September, 2000
at 20A WEST SPRINGVILLE ROAD
BOILING SPRINGS, PA 17007
by handing to
RUTHANN CIECIERSKI
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
3.72
.00
10.00
.00
31.72
So Answers:
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R. Thomas Kline
09/13/2000
KRZYWICKI &
Sworn and Subscribed to before
By:
AS:OC lATE S ~
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Deputy Sherif "
me this
day of
A.D.
Prothonotary
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589U2
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
UGI Utilitles Inc.
Plaintiff
Civil Action - In Law
vs
No. 00-5952 CV
Ruthann Ciecierski
Defendant
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \" \, \""" \" \ \ \
ARBITRATION
NOTICE
TO: Ruthann Ciecierski
20A W. Springville Road
Boiling Spring, PA 17007
Date: October 23, 2000
You are in default because you have failed to enter a written
appearance personally or by an attorney and file in writing with the
court your defenses or objections to the claims set forth against
you. 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:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
(717) 249-3166/ (800) 990-9108
Krzywicki and Associates
By:" lS!
Anthony P. KrzYWlckl
1 Neshaminy Interplex
P.O. Box 505
New Hope, PA 18938
800-296-2103
Attorney for Plaintiff
Attorney I.D. 23754
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U,S. POSTAL SEAYlCE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAl. MAIL. DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Recei'
Krzywicki & Associates
P.O. Box 505
New Hope, PA 189
rM~'"
PS Form 3817. Mar. 1989
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589U2
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
UGI Utllitles Inc.
Plaintiff
Civil Action - In Law
vs
No. 00-5952 CV
Ruthann Ciecierski
Defendant
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \, \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
ARBITRATION
The undersigned hereby certifies that written notice of intention to
file a praecipe for entry of judgment by default against the
defendant, Ruthann Ciecierski, in this matter was mailed to the
defendant after the default occurred and at least ten days prior to
the filing of the praecipe for entry of judgment pursuant to Pa.
R.C.P. 237.1. True and correct copies of that notice is attached
hereto and made a part of this certification.
Krzywicki
DATED: November 20, 2000
By:
Ant
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P.O
New ope, PA 18938
800-296-2103
Attorney for Plaintiff
Attorney I.D. 23754
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589U2
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
UGI Utilltles Inc.
Plaintiff
Civil Action - In Law
vs
No. 00-5952 CV
Ruthann Ciecierski
Defendant
\ \ \ \, \, \ \ \ \ \ \ \ \ \ \ \ '-, \ \, \, \ \ \ \ \ \ \ \ \"
ARBITRATION
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF NEW JERSEY
ss.
COUNTY OF HUNTERDON
I, Anthony P.Krzywicki, being duly sworn according to law,
deposes and state that I am a representative of UGI Utilities Inc.,
225 Morgantown Road, Reading, PA 19612-3009, Plaintiff herein, and
as such state the following:
1. The defendant, Ruthann Ciecierski, is not, to my knowledge,
in the military or naval service of the United States or its allies,
or otherwise within the provisions of the Soldiers' and Sailors'
Civil Relief Act of 1940, as amended.
2 .
age and
Spring,
The defendant, Ruthann Ciecierski, is more than 18 years
currently resides at 20A W. Springville Road, Boiling
PA 17007.
of
Sworn to and
me thi
SUb~c~~fore
o/i~ 2000
ion by personal
authority.
3. I have ascertained the above
investigation and make this affidavit
MICHELLE PYATT
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES JULY 9,2002
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FEDERMAN AND PHELAN
By: FRANKFEDERMAN
Identification No. 12248
One Penn Center at Suburban Station - Suite 1400
Philadelphia, P A 19103
(215) 563-7000
Attorney for Plaintiff
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INe.
8201 GREENSBORO DRIVE, SUITE
350
MCLEAN, VA 22102
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
Plaintiff
: NO. 2000-07126
vs.
CATHERINE H. RUDY
914 WERTZVILLE ROAD
EAST PENNSBORO, PA 17025
Defendant(s)
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment, in rem, in favor of the Plaintiff and against CATHERINE H.
RUDY, Defendant( s), for failure to file an Answer to Plaintiff's Complaint within 20 days from
service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs
damages as follows:
As set forth in Complaint
Interest 10/1/00 TO 11/22/00
$31,575.66
$357.22
TOTAL
$31,932.88
I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above,
and (2) notice has been given in accordance with Rule 237.1, copy attached,
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FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: 7~..l7, oJ6vo q~ti- Q. Th",RP;,j ~.
PRO PROTBY
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS
NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TfEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ..
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FEDERMAN AND PHELAN
I Frank Federman, Esquire
Identification No. 12248
Two Penn Center Plaza
Suite 900
Philadelphia, PA 19102-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
vs.
CUMBERLAND COUNTY
CATHERINE H. RUDY
NO. 2000-07126
Defendant(s)
TO: CATHERINE H. RUDY
914 WERTZVILLE ROAD
EAST PENNSBORO, l'A 17025
DATE OF NOTICE: NOVEMBER 8,. 2000
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE
INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN
AGAINST PROPERTY.
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IMPORTANT NOTICE
You are in default because you have failed enter a written
appearance 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 (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 fihd out where you cah get "legal help:
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Frank Federman, Esquire
Attorney for Plaintiff
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FEDERMAN and PHELAN
By: FRAJ{KFEDERMAN
Identification No. 12248
Suite 1400
One Penn Center at Suburban Station
Philadelphia, PA 19103
(215) 563-7000
Attorney for Plaintiff
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
: CUMBERLAND COUNTY
: Court of Common Pleas
Plaintiff
: CIVIL DIVISION
vs.
: NO. 2000-07126
CATHERINE H. RUDY
Defendant(s)
VERIFICATION OF NON-MILITARY SERVICE
FRAJ{K FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the
following facts, to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United
States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act
of Congress of1940, as amended
(b) that defendant CATHERINE H. RUDY is over 18 years of age and resides at
914 WERTZVILLE ROAD, EAST PENNSBORO, PA 17025
This statement is made subject to the penalties of 18 Pa. C.S, Section 4904 relating
to lUlSworn falsification to authorities.
J~;2~
FRAJ{K FEDERMAN
Attorney for Plaintiff
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(Rule of Civil Procedure No. 236 - Revised)
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
: CUMBERLAND COUNTY
: Court of Common Pleas
Plaintiff
: CIVIL DIVISION
vs.
: NO. 2000-07126
CATHERINE H. RUDY
Defendant(s)
Notice is given that a Judgment in the above captioned matter has been entered against YOll on
NOVEMBER ,,;2-'7 ,2000.
By qiLY'. () """thIll,.:
DEPUTY
If you have any questions concerning this matter, please contact:
FRANK FEDERMAN. ESQUIRE
Attorney for Filing Party
SUITE 900
TWO PENN CENTER PLAZA
PHILADELPHIA PA 19102
(215) 563-7000
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT
AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONL Y
ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
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