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HomeMy WebLinkAbout03-2053IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, vs. VINCENT E. STACKFIELD, Defendant. CIVIL DIVISION TYPE OF PLEADING: Complaint TYPE OF CASE: Civil Action FILED ON BEHALF OF: Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: Defendant's Address: 224 Gettle Avenue Shippensburg, PA 17257 CATHY ~fll~' 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) 38].-7000 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. VINCENT E. STACKFIELD, 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 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 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 BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, vs. VINCENT E. STACKFIELD, Defendant. AND NOW COMES, CIVIL DIVISION COMPLAINT the Plaintiff, BENEFICIAL CONSUMER DISCOUNT COMPA/~Y, by its Attorneys, Mollica & Murray, with its Civil Action Complaint, the following of which is a statement thereof: 1. BENEFICIAL CONSUMER DISCOUNT COMPANY 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. VINCENT E. STACKFIELD is an adult individual residing at 224 Gettle Avenue, Shippensburg, PA 17257. 3. On or about June 6, 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 November 14, 2001. 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 Sixteen Thousand Two Hundred Ninety Nine and 62/100 ($16,299.62) Dollars as of March 21, 2003. 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. W~EREFORE, Plaintiff claims damages in the sum of Sixteen Thousand Two Hundred Ninety Nine and 62/100 ($16,299.62) Dollars, with interest thereon at the rate of 25.795% from March 21, 2003, plus court costs and attorneys' fees. Respectfully submitted, MOLLICA & MURRAY THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. By: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 Attorneys for Plaintiff 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 LOAN REPAYMENT AND SECURITY AGREEMENT (Page I of 3) LENDER (called 'We", 'Us", *Our") BENEFICIAL CONSUMER DISCOUNT COMPANY 410 STONEHEOGE DRIVE SUITE 2 CARLISLE PA 17013 BORROWERS [called "You*, "Your') LOAN NO: STACKFIELD, VINCENT E ~S# 209485'21g 224 GETTLE AVE SHIPPENSBURG PA 1~25~ ~11~15-506634 0610612001 20,281 Fl#~dl~ CNARGE ~,856.g5 LiFE INS PREMIUM t 326.04 DI$I. BIUWf INS YOU ARE GIVING US A SECURITY INTEREST hOVERING: INSURED YEAR DESCRIPTION N 2001 PER PROP SEE EXHIBIT 1 MAKE/MODEL ' liOli FILIN~ IlISURkNCE PRHIIII# NONE ' SERIAL NUMBER REQUIRED INSURANCe. You must obtain insurence for term of loan c~aclc~ sncuriw for this lo~n ns indicnled below. 05-01-00 NRE heroins us ns Loss Payee: Title insutence on real eslote security. . Fire and extended cov. orego insuranCe on toni eslate ~e~urily. Pbys~a] damage ~n~ornnCe on ~eh~cle listed ~nder "-%cu~ity" above if '¥+ ap]x~rs un~er Physical dnmeg~ insurance on other property listed under "Security" above if 'Y" apponrs under You may z~ymi~ any required insurance from anyone yon choo~. · (Soe '~aec__~rity' l~aragraph above For description of security to be insured.} NOTICE: TItE FOLLOWlNO PAOES CONTAIN ADDITIONAL CONTRACT TERMS. l]lallllallamlmiliaailillmlllllSlHi ila[mlal# PAB75011 LOAN REPAYMENT AND SECURITY AGREEMENT (Page 2 of 3) PAYMENT. In return for this loan, you will pay us the Total of Payments (the sum of Finsace Charges plus Amount Financed), in monthly l~yments stated on pa~e one. The Finsac~ Charge is the total of Interest plus Service Charge. You may pay more at any time. You will pay us at our business addres~ as stated on page one or other address given you. If mo~ than one Borrower is named on page one, we may enforce this Agreement against all, or any, Borrowers, but not in s · combined amount greater than the amount owed. DATE ON WHICH FINANCE CHARGE BEGINS. l~inance Charges begin 0o the date of disbursement. If this [o~ is ' made by mail, the date on which the Finance Charge begins is postponed by' the number of days from the date of this Agreement to the date of disbursement. Paymet~t d~e dates and effective date of any optiorufl insurance purchK~d are also postponed. PA¥-OLFI'S. You agree to pay-ou~ of Amount Financed as shown on Trt~:h-in-Lending dlsclos~re form. If pay'outs change beeaus~ loan olosing is delayed, (a) you shall pay additional amounts due at closing, or (b) your cash or check will PREPAYMENT. If you fully pay before final payment due date, the amount you owe will be reduced by une~cne, d Finance Chlrge [but not Service Chm'g~) determined by the "Rule of 78ths'. MATURITY. After the final payment due dale stated on page one you will [my interest at the rate of 18~ per year. SECURITY. You agree to give ~s a s~urity interest in the property identified on page one, which will secure all indebtedness, including future advances under this Agreement. .,. LATE CHARGE. ff you don't pay any payment in 10 days after it's due, you will also pay I 112~ per month on the amouni ov~rdoe (subject to a $1.00 minimum charge). BAD CHECK CHARGE, We will charge you a fee of $20 if say payment check is returned because of insufficient funds o~ is otherwise dishooored. You agree that we may deduct this charge from a monthly payment. FAILUR~ TO PAY. If you don't pay any payment on time or fail to keep any required insurance in force, (a) all your payments may,become due a~ once and without notifying you before bringing suit, we may sue for the .total smoullt you owe less any unearned Finance Charges you would rooeiw if you fully prep~d[, and (b) yoo will also pay our reasonable attorney fees, if tho attorney is not our salaried employee, for legal proce~lings 1~o collect this loan or realize on s0curity. EXCHANGE OP INFORMATION. You unders~'u~nd that from time to time we may receive credit information concerning you from othem, such as stores, other lender~, and credit reporting agencies. You authorize us to share any information, on a regular basis, we obtain relau~d to your Account, including b0t not limited to credit reports and insurance information, with any of out affiliated corporations, subsidiaries or other third parties. The uses of this information may include an inquiry to determine it' you qualify for additional offers of credit. You also authorize us to share any information regarding your Account with any of our affiliated corporations, subsidiaries or other third parties. You may prohibit the sh~ring of such information (e~cept for the sharing of information about transactions or experiences between us slid you) by sending a written request which co~taiu$ your gull lib, me, Social Security N~mber ~nd Address to us at P.O. Box 1547, Chesapeake, VA If you fail to fulfill the terms of your credit obligation, a negative report reflecting on yom- credit record may be submitted to a Credit Reporting Agency. Yo~ agree that the Department of Motor Vehicles (or your state's equivalent of msch d~"partment) may release )~our residence addres~ to us, should it become neces,$ary to locate you. You agree that our supervisory personnel may listen to telephone calls between you and our representatives in order to evaluate the q~ality o! our service to you. INSURANCE. Optional credit insurance arid any required insurance disclosures ar~ attached to this Agreement and incorporated herein by reference. ALTERNATIVE DISPUTE RESOLUTION AND OTHER RIDEP~S. The terms of the Arbitration Agreement and any other Rider8 signed as part of this 1Gsa transaction are incorporated into this Agreement by reference. APPLICABLE LAW. The Pennsylvania Consumer Discount Company Act IiCI)CA), Title 7, Purdon's Pennsylvania Stattrtes, governs this loan. NOTICE: THE FOLLOWING PAGE CONTAINS ADDITIONAL CONTRACT TERMS. 0?Z-Ol-00 NRE glllliliglilligllllfllgialillilBiBgg ~S9A862F$ 0KB$CF.A~000PA~750120'NP~T,~C~F I FLD ~E OF~ I G I ~ PAD75012 LOAN REPAYMENT AND SECURITY AGREEMENT (Psge 3 of 3) YOU HAVE RECEIVED A COMPLETE' COPY OF THIS AGREEMENT AND THE TRIZFH-IN-LENDING DISCLOSURES. (SE~L) WITNESS: (SEAL} o~-o1-0o NRE IBIIBglBIIBBI]IIII]B]BBIIB. II ,BIIIBIBI ElliBiBBIlB NXgAOSZic50KS~BCEAgDO0PAB?5013oN-STACICF I ELD " 0RI 61KAL PAG75D~3 ii (SECURED PLUS) ~_~XHIBIT I ynlualion o! Personal Pr°per~YAcoount Numar 711715 00 ~0663A Nmme ~NC~ E. STAC~IELD Addre~ 22~ GE~LE AVE. Da~ J~ 6, 2001 DB~NKION: ~o w~ds "yeu" nd 'Y~" ~fer ~ ~roWg~ s~ ~wners of ~Y s~ur~ ~ 1o8n. T~ w~ 'we'. 'us' or our r~ to ~ ~n~. shown on ~e ~un A~m~% f~ ~m ~Y, .-- --~ ~ .~ y~r es~mm~ ~ ~m r~*~t valu~ of mil of your ~ml cEKTAIN HOUS~OLD ~S (iflcludi~g tim ~NTI~/CAMPJ~ , TOTAL I~IAP. F. ET VALUE OF CERTAIN HOUSEHOLD ITI~I~IS ............................. S S TOTAL REPLACi~I~iI~NT VALUE OP ~RTAIN HOUUGHOD ITEMS ...................... os~e~ ~o ~1 ~l~mopt v~ of your ~rmal pretty (oxol~n8 fitl~ v~l~) ~ You pURCHASe- MON[tY SECURITY INTEREffi': Th~ following prc~m~ was purChASed for personal, family or homhold use wi~h p~ds of your to~: __ cONTIN'UATION OF'puRCHASI~ ~ your l~upt No, ' - ~nv~ ~=d ~m~ o~o~a~o by us. .pRIOR p~S~ MO~Y S~Rl~ ~ET: The f~o~ag p~rty h pro~rly i~ w~ch ~o cr~iMr primly ~d a DATE DATE 08-21-00 C~ PPI SECURED Pr.US MSSA, UG2FSOK6UP2PG0O0PAB 15223~MN$TACKF ! G:LI) ........ illii,illlli ' TRUTH-IN-LENDING DISCLOSURI~ (Page I of 2} LENDER {Called "We", "Our", 'Us"} BENEFICIAL CONSUMER DISCOUNT COMPANY 410 S~ONEHEDGE DRIVE SUITE 2 'CARLISLE PA 1~013 ;' BORROWERS {Called "You", 'Your") LOAN NO: STACKFIELD, VINCEN! E '224 GElTLE AVE SHIPPENSBURG PA 1~25~ 311715-50§§34" , ANNUAL . FINANCE 'Amount Totalofpayments Dste Finanood TI~e amount you will PERCENTAGE CHARGE The amounl of c~i~ have paid afar }'~ Iman RATE The dollar amount p~id~ to you or o~ kava ma~ all ~,y- ~e cr~it will c~ your ~ha~. T~ ~t of y~r cr~it you. as a yearly ram. 20.515% $ 7856.g5 $ 12424,49 ,- S 20281.44 0610ELD1 1 S 422.53 0~10810~ 04~ S a22.53 .~y 06 c,f ~h month th~ftcr. "e" SECURITY: YOU ARE GIVtNG US A SECURITY INTEREST IN: PER PROP SEE EXHIBIT 1 ~te C~: If you don't ~y ~y ~ym~t in amount ov~d~ (~b~t ~ a $I.~ miMmum c~rge). Pr~ment If you ~y off ~fly, you may ~ en~tl~ ~ a refund of Imrt of the Finance C~e. See ~e contr~ d~umen~ f~ any addiQo~ i~omsti~ a~ n~ym~t, defaul~ ~y r~ui~ ~yment in full bef~e the ~hcdul~ ~m, and ~ym~i ~. NOTICE: The following page contains additional informstion. 12-1~'=99 NRE TIL IEIlflll lllBIIIglBilBlliillllgnlEEilllllllilB llll11 "SgABG2F5 OKSSF ED9OOOPA91610 IONNSTACKF I ELD " OR I O I NAL TRUTH-IN-LENDING DISCLOSURES (Page 2 of 2) ITEMIZATION OF THE AMOUNT FINANCED TO: BENEFICIAL ACCOUNT # 71171500506634 ..................................... $ CREOIT LIFE INSURANCE (PAID TO INSURANCE COMPANY) ............................. CREDIT PROPERTY INSURANCE{PAID 30 INSURANCE COMPANY) .......................... $ CASH OR CHEC~ TO BORROWER ..................................................... $ PREPAID FINANCE CHARGE AMOUNT FINANCED (EXCLUDING PREPAID FINANCE CHARSE) ............................ $ 8117.62 32§.94 397.80 3582.13 150.00 12424.49 12-13-99 NRE liiHllllllilillllg]ililglllglgiilglg ~"S9A662FSOKeOFED9 DOOPA8181020m~$TACKF I ELD ~ OR ~ G INAL PABI$102 JAN 08 200~ 10:02 FR MOLLICA AND MURRAY 4123817111 TO PG P.02/02 VERIHCATION I, Pati-lcia Garda, Recovery Specialist for BENEFICIAL CONSUMER DISCOUNT COMPANY, a Household International Company verify that the facts set forth/n 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 Benef lc iai I understand that falSe statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Patrich Garcia Dated: ** TOTAL PAGE.02 ** SHERIFF'S RETURN - REGULAR CASE NO: 2003-02053 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS STACKFIELD VINCENT E KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STACKFIELD VINCENT E the DEFENDANT , at 0940:00 HOURS, on the 8th day of May at 224 GETTLE AVENUE SHIPPENSBURG, PA 17257 by handing to LYNN BURKE, WIFE a true and attested copy of COMPLAINT & NOTICE together with 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.80 Affidavit .00 Surcharge 10.00 .00 41.80 Sworn and Subscribed to before me this /g -- day of ~. ~;~ A.D. ~-l~rOthS~otary So Answers: R. Thomas Kline 05/08/2003 MOLLICA & MURRAY By: ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION VS. VINCENT E. STACKFIELD. Plaintiff, No. 03-2053 Defendant. TYPE OF PLEADING: Praecipe for Entry and Withdrawal of Appearances TYPE OF CASE: Civil Action FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MAUREEN A. DOWD, ESQ. PA ID NO. 90549 SCOTT E. CRAWFORD, ESQ. PA ID NO. 89570 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, VS. Plaintiff, VINCENT E. STACKFIELD. Defendant. CIVIL DIVISION No. 03-2053 PRAECIPE FOR ENTRY AND WITHDRAWAL OF APPEARANCES TO PROTHONOTARY: Please enter our appearance on behalf of Plaintiff, BENEFICIAL CONSUMER DISCOUNT COMPANY. CATHY ANN CHROMULAK, ESQ. MAUREEN A. DOWD, ESQUIRE SCOTT E. CRAWFORD, ESQUIRE CHROMULAK & ASSOCIATES 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 Please withdraw the appearance of Mollica & Chromulak as counsel for BENEFICIAL CONSUMER DISCOUNT COMPANY. CATH~Y~ULAK, ESQ. MAUREEN A. DOWD, ESQUIRE SCOTT E. CRAWFORD, ESQUIRE MOLLICA & CHROMULAK 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 (412) 390-7000 CERTIFICATE OF SERVICE I, Scott E. Crawford, Esquire, counsel for BENEFICIAL CONSUMER DISCOUNT COMPANY, hereby certify that a tree and correct copy of the foregoing Praecipe for Appearance served upon the following by First Class Mail, postage prepaid on this qq4~ day of ~._~o~' ua.e~ ,2004: VINCENT E. STACKF1ELD 224 S. GETTLE AVENUE SH1PPENSBURG, PA 17257 Scott E. Crawford, Esq. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, VS. Plaintiff, VINCENT E. STACKFIELD, and M&T BANK, Defendant, Gamishee. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 224 SOUTH GETTLE AVENUE SHIPPENSBURG, PA 17527 Gamishee's Address: 100 S. SPRING GARDEN STREET CARLISLE, PA 17013 Date: February 4, 2004 CIVIL DIVISION No. 03-2053 TYPE OF PLEADING: PRAECIPE FOR A WRIT OF EXECUTION FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MAUREEN A. DOWD, ESQ. PA ID NO. 90549 SCOTT E. CRAWFORD, ESQ. PA ID NO. 89570 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 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 BENEFICIAL CONSUMER DISCOUNT COMPANY, VS. Plaintiff, VINCENT E. STACKF[ELD, Defendant, and Garnishee. M&T BANK, CIVIL DIVISION No. 03-2053 PRAECIPE FOR WRIT OF EXECUTION TO: The Prothonotary Please issue a Writ of Execution in the above matter, 1. directed to the Sheriff of CUMBERLAND County; 2. against VINCENT E. STACKFIELD, defendant, and 3. against M&T BANK, garnishee, 4. and index this writ a. against VINCENT E. STACKFIELD, defendant, and b. against M&T BANK, garnishee, and any 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. Amount of Judgment Additional Interest to Date Less Payments Made (Costs to be added) $17,294.68 $ 1,132.79 $(2,250.00) $ 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. $16,177.47 SCOTT E C~~ORD, ESQ. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2053 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff (s) From VINCENT E. STACKF1ELD, 224 SOUTH GETTLE AVENUE, SHIPPENSBURG, PA 17527 (1) You are directed to levy upon the prope~y 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 ofM & T BANK, 100 S. SPRING GARDEN STREET, CARLISLE, PA 17013 - 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 front 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 $17,294.68 Interest TO DATE - $1,132.79 Atly's Cotton % Atty Paid $123.80 Plaintiff Paid Date: FEBRUARY 6, 2004 (SeaI) Prothono~ Deputy L.L. $.50 Due Prothy $1 Other Costs CURTIS R. LONG REQUESTING PARTY: Name SCOTT E. CRAWFORD, ESQUIRE Address: CHROMULAK & ASSOCIATES, L.L.C. 375 SOUTHPOINTE BOULEVARD 4TM FLOOR CANONSBURG, PA 15317 Attorney for: PLAINTIFF Telephone: 724-916-2400 Supreme Court ID No. 89570 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant WENDY L. MATTY and : GREGORY M. M3tTTY, her husband,: Plaintiffs : VS. DONNA NYE, Defendant IN THE COURT OF COMMON PLEAS OF C~ERIJkND COUNTY, PENNSYLVANIA CIVIL ACTION - LJtW NO. 02-2607 CIVIL TERM JURY TRIAL DEMANDED TO: PRAECIPE TO ENTER JUDG~4ENT Prothonotary PLEASE enter Judgment in favor of the Defendant, Donna Nye, based upon the Jury Verdict of January 13, 2004. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMDkN, P.C. Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ~f~ day of f~6~ , 200~, addressed to the following: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg P.O. Box 60337 Harrisburg, PA 17106 GOLDBERG, KATZMAN & SHIPMAN, P.C. Joh~R. Ninosky, Esquire I.~.~: 78000 P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendant Cooper Telephone: (717) 234-4161 80375.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION Plaintiff, No. 03-2053 VINCENT E. STACKF[ELD, Defendant, and M&T BANK Garnishee. TO: M&T BANK 100 S. SPRING GARDEN STREET CARLISLE, PA 17013 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: ~ Balances Provided May not Reflect Unposted Transactions or Legal Document Processing Fees SECOND: If your response to the previous interrogatory was anything other than an unqualified negative, set forth the mount of the claim, and identify the written instrument, if any, that forms the basis of the claim. RESPONSE: J¢,_n -/- 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: 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: FWTH: 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: CD 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: 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: 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: ~'~0 NINTH: At any time before or after you were served, did the Defendant transfer or deliver }my property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefore? RESPONSE: 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: 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: THISIS 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, CHROMLrLAK & ASSOCIATES, L.L.C. DATE: l'l~.bl' ~.O.-f~ q t ZOOt{ Cathy Ann Chromulak, l~sq. Maureen A. Dowd, Esq. Scott E. Crawford, Esq. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 Nancy J. Robinson M & T Bank THISIS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SHERIFF'S RETURN - CASE NO: 2003-02053 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND GARNISHEE BENEFICIAL CONSUMER DISCOUNT VS STACKFIELD VINCENT E And now SHANNON SHERTZER Cumberland County of Pennsylvania, to law, at 0010:16 Hours, on the llth day of February , as herein commanded all goods, chattels, rights, debts, moneys of the within named DEFENDANT , STACKFIELD VINCENT E hands, possession, or control of the within named Garnishee M & T BANK 100 S. SPRING GARDEN ST ,Sheriff or Deputy Sheriff of who being duly sworn according 2004, attached credits, and , in the CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to MIKE BOUDER (BPJkNCH SALES MANAGER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and subscribed to before me this ~ ~ day of J~,, ~wo q A.D. 7 Pro~hbnot ary So answers: R. Thomas Kline Sheriff of Cumberland County oo/oo/oooo By Deputy Shel~iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY Plaintiff, VS. VINCENT E. STACKFIELD Defendant. ) ) ) ) ) ) ) CASE NO. 03-2053 SI IGGERTION OF llA NKR! ]PTC, y COMEs NOW, Defendant, VINCENT E. STACKFIELD, through his undersigned attorney, and would show the Court: 1. He has filed a petition for relief under Title 11, United States Code, in the United States Bankruptcy Court for the MIDDLE DISTRICT OF PENNSYLVANIA-HARRISBURG, case number 1-04-01271. which bears the 2. Relief was ordered on March 4, 2004. 3. This action is founded on a claim from which a discharge would be a release or that seeks to impose a charge on the property of the estate. 4. This is for informational purposes only, and does not constitute a notice of appearance by the undersigned. 362. WHEREFORE, Defendant suggests that this action has been stayed by the operation of 11 U.S.C. § TI~THY A. BAKER, ESQUIRE 72744 Attorney for the Defendant 3110 EAST MARKET STREET SUITE E YORK, PA 17402-2512 · IT IS HEREBy CERTIFIED that a copy of the foregoing Su eslion orb by mall to Scott E. Crawford E ,,,,~,-,~ 'tTq ~ ........ ~g ~ ankmptcy was delivered 5t~ day of March 2004. , s,~ ........ouumpointe t~omevard, 4u' Floor, Canonsburg PA 15317 this Norman R. Amentrout, Jr. Legal Assistant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, VS. VINCENT E. STACKFIELD, and M&T BANK, Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Plaintiff, Defendant, Garnishee. CIVIL DIVISION No. 03-2053 TYPE OF PLEADING: Praecipe to Settle and Discontinue Against Garnishee ONLY TYPE OF CASE: Civil Action FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY Date: March ~, 2004 COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MAUREEN A. DOWD, ESQ. PA ID NO. 90549 SCOTT E. CRAWFORD, ESQ. PA ID NO. 89570 CHROMIfLAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 -~-~IS 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 BENEFICIAL CONSUMER DISCOUNT COMPANY, VS. Plaintiff, VINCENT E. STACKFIELD, Defendant, and M&T BANK, Garnishee. CIVIL DIVISION No. 03-2053 .PRAECIPE TO SETTLE AND DISCONTINUE AGAINST GARNISHEE ONLV TO PROTHONOTARY: Please settle and discontinue this action against the above garnishee, M&T BANK and mark the docket accordingly. Sworn to and subscribed Bef~)re ,me this /~(~k. day of_ .'-~.,0.~n,(, ,2004. c-~7 ' ~ '5' Notaky Public Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. CATHY ANN CHROMULAt~, ESQUIRE SCOTT E. CRAWFORD, ESQUIRE Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .CERTIFICATE OF SERVICE I, Scott E. Crawford, Esquire, counsel for BENEFICIAL CONSUMER DISCOUNT COMPANY, hereby certify that a tree 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 14~th day of March, 2004. M&T BANK LEGAL DOCUMENT PROCESSING P.O. BOX 844 BUFFALO, NY 14240 TiMOTHY A. BAICER, ESQUIRE BAKER LAW FIRM LLC 3110 EAST MARKET STREET SUITE R YORK, PA 17402-2512 Dated: March ~ 2004 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, DUE TO BANKRUPTCY. Sheriff's Costs: Docketing $ 18.00 Poundage 1.64 Advertising Law Library .50 Prothonotary 1.00 Mileage 3.45 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Garnishee 9.00 TOTAL $ 83.59 Advance Costs: 150.00 Sheriff's Costs: 83.59 66.41 Refunded to Atty on 03/17/04 Sworn and Subscribed to before me this./?-9 _~day of~htad~ __ 200~A.D. .. ~ Pfoffionotary So Answers; ~ ~R. Thomas Kline, SMriff ~'