HomeMy WebLinkAbout03-3510IN TH E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ASSET ACCEPTANCE, INC., ASSIGNEE OF
FLEET BANK, N.A.
Plaintiff
VS.
SAMUEL M. MELOY
Defendant
COMPLAINT 1N CIVIL ACTION
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA I.D. #47437
WELTMAN, WE1NBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#02937050
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CWIL DiVISION
ASSET ACCEPTANCE, 1NC., ASSIGNEE OF
FLEET BANK, N.A.
Plaintiff
VS.
SAMUEL M. MELOY
Defendant
CivilActionNo. O3 -- .2~.ot"lO
COMPLAINT IN CIVIL ACTION AND 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 an 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
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
TX 77074.
COMPLAiNT
Plaintiff is a corporation with offices in 7322 Southwest Freeway, Suite 1600, Houston,
2. Defendant is an adult individual residing at 32 Falcon Court, Mechanicsburg, PA 17055.
3. Defendant applied for and received a credit card issued by Plaintiff's assignor bearing the
account number 5447180411322381.
4. Defendant made use of said credit card and has currently a balance due and owing to
Plaintiff, as of August 24, 2001, in the amount of $5,230.30 A true and correct copy of Plaintiff's
Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof.
5. Defendant is in default of the terms of the cardholder Agreement having not made monthly
payments to Plaintiff thereby rendering the entire balance immediately due and payable.
6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is
entitled to the addition of finance charges at the rate of 26,99% per annum on the unpaid balance.
7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or
refused to pay the principal balance, finance charges or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Samuel M. Meloy
individually, in the amount of $5,230.30 with continuing finance charges thereon at the rate of 26.99% per
annum from August 24, 2001 plus costs.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
SHALL BE USED FOR THAT PURPOSE.
WELTMAN, WE1NBERG & REIS, CO., L.P.A.
Wi~ M~'e c ~a'~, E~'
PA I.D. #47437
WELTMAN, WE1NBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#:02937050
SEPT2~, 2oo~- ....
FLEETCRECIT CARD SERVICE
PO BOX 15368
WILMINGTON DE lg88~-3368
32 FALSON COURT
MECHANICSi~JJRG PA 17055-4363
5447180411322381 0523030 0282905
ACCOUNT SUMMARY FOR
SAMUEL M MELOY
~.~.~...,,~ 54~? t804 1132 2381
PAYMENTINFORMATION
Sros. Ts I
I' DUE DATE SEe. 20, 2001 ~
~. Fleet
I
EXHIBr
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904
relating
to unswornfalsiflcationstoauthorities, that he/she is ,t~/~¥~ ~-'~. VI/~I
'~! ¢'P(?FOP C~ ~)p(~CciJFl~)~ of L~T~'~ ~-~ ~('~,'~ i~ I(Nam-e! plaintiff herein, that
(Title) (Company)
he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing
Complaint are true and correct to the best of his/her knowledge, information and belief.
Wwr# 02937050
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
FIRST BANK NATIONAL ASSOCIATION TRUST
U/A DATED 6/1/97 0gQCC HOME EQUITY LOAN
TRUST 1997-2)
Plaintiff,
KATHY SwOPE A/FdA KATHY A. SWOPE
Defendant(s).
No. 02-3510
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due.
Interest from 8/28/02 to DECEMBER 10, 2003
(per diem -$13.83)
TOTAL
$84,111.97
$5,988.39 and Costs
$90,100.36
FRANK FEDERMAN, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property. No.
~ I*.Y. tlwse two certain tracts of land Bituate in the Townsl~ip of South
Middleton Tow~hip, ~unty of Cu~nber~nd, and Com~nwealth of
p~van~, numbered a~d &seabed in accordance with P~t
of Bonny H~igkts &ted June 1. 1925~ a~ recor&d ~ the herei~fter
named Recor&r's O~we in P~n Bool~ 2, Page ~I, and as ~ho~rr
the gRached Draft of Su~ m~ ~ Roger St. ~ a~
~so~ates &ted Jan~ 10. 1961, wh~h ~t P~n a~ Draft of
Su~ are e~k i~oratad ~rein by r~ferergce. ~ follows:
T~ NO. 1: BEG~G at a point on t~ ~rthern l~e of 50 feet
w~ B~vh S~eet at the dirking line between ~ts Nos. 6 a~ 8 of
Block "B" ~ slmwn on sa~ Plot Plan of Bonny Helght~; tlw~e from
ea~ point at t~ P~ce of Beginnhzg a~ said dirking li~ between
sa~ ~ts Nos. ~ and 8 of Blocl~ "B" (~t No. 2 herelrzafler
berg the soutl~ posen of said ~t No. 6 of Block "B"), Nort~ 32
&gr~s 08 minutes ~t a allstate of 100 feet to a point in line of
la~ ~w or fo~rly of John S. Weibl~; th~g alo~ line af aa~
~ ~w or fornwrly of John S. Weibl~ and through a porn of
~t No. 8 of BMch "~ So~Iz 57 &gceez 52 minutes E~t a d~tanee of
41.4 feet to an iron pin in l~e of ~ ~w or fo~rly of ~st~
&~an a~ wife; tl~ along t~ wes~ li~ of sa~ M ~w or
fomerly offerer C. Co--man ~ through a porn of s~ ~t ~o.
8 ofB~ck ~, South 32 degrees 08 minutes West a &ta~e of I00 feet
to a turk on top of a ~m~ vurb on t~ M~h.,~. l~ of gO f~t
w~e Beenh S~t; tlze~e a~ng t~ ~rn line of SO f~t w~
B~h S~eet, No~h 57 deg~e~ g2 minutes West a d~tan~ of 41.4 feet
to t~ ~utl~aste~ co~r of Trot No. 2 l~reinafter d~c~bed at tl~
P~e of BEG~G.
THE ~0~ desc~bed ~act No. I ~ the wezte~mozt 41.4 feet of t~
so~the~ 100 feet of ~t No. 8 of ~h "B" ~ shown on sa~ Plot Plan
af Bonny Heigh~ reeor&d ~ aforesa~
I~ NO 2: BEG~G at a point on th~ no~e~ l~ of gOfer
Bl~k 'B" as s~wg on sa~ P~t PI~ of Bonny Heights recor~d
afo~a~, whicl~ point at the P~e of Beglnnlng ~ gl~
eo~ of ~ot ~o. i a~ d~ed; t~ce a~ng the ~rt~ li~
of said 50 feet w~e Beech S~eeg, Nortlz 57 &grees 52 minutes West a
~t~e of ~ feet to an iron p~ at t~ dividing l~ be~een
~os. 6 ~ 4 of B~ck "B", t~nce along said dividing line between
said ~ts Nos. 6 and 4 of B~cl~ 'B~ wh~h ~t No. 4 is ~ ~w or
folly of Parh Shugart, ~a~h 32 d~ez 08 m~utes ~st a
d~tance oft00 feet to an i~n pln at t~ zouthweste~ ~r~r or.nd
~w or fo~'~*~erly of John S. Ege; fiance aMng li~ of sald la~
fomerly of John S. Ege a~ though said ~t No. 6 of flloch "B~
South g7 degr~s 52 minutes E~t a d~ta~e o~ 60 feet to a po~ at
the ~hweste~n ~r of Tract ~o. I ~bove desc~bed; t~e a~
the diuiding line be~een Trots No. 1 and 2 ~ein ~se~
~ a por~on of the dioi~M line b~een ~ts ~os. 4 a~ 6 of B~k
'B% ~uth 32 &grees 08 m~utes West a d~ta~e of l O0 feet to a point
on tI~ ~rthe~ line of ~0 f~t wide ~ech Street at tl~ P~e of
THE ABOVE described Tract 2Vo. 2 is the southern 100 feet of Lot No.
6 of Block "B" as shown on said Plot Plan of Bonny Heights re~orded
o~ ofore~ald~
A dwelling lwuse Iznown as and numbered 127 Beech Street is erected
on the above described ~r~ets Nom. I and 2. which dwelling ~ou~e I~
*tin mailing address of 127 Beech Street. CarlYle. Pcnn~lvang~z
17013.
TAX PARCEL g22-0487-060
TITI.E TO SAID PREMISES IS VESTED 1N Kathy A. Swopc, A Single Person by Deed from
loh~u M. Boudcr and Pearl W. Bouder, Husband ,'md WiIb joined by Jeffrey C. Swope, A Married.
Person dated 5/I7/1995 and recorded 8/29/1995 ia Deed Book I27, Page 360.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-3510 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FIRST BANK NATIONAL ASSOCIATION TRUST
U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997~2), Plaintiff (s)
From KATHY SWOPE A/K/A KATHY A. SWOPE,
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garfftshee(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 a~e directed to notify him/her that be/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $84,111.97 L.L.
Interest FROM 8/28/02 TO 12/10/03 (PER DIEM - $13.83) - $5,988.39 AND COSTS
Atty's Corem % Due Prothy $1.00
Atty Paid $1,459.39 Other Costs
Plaintiff Paid
Date: AUGUST 19, 2003
(SeaD
CURTIS R. LONG
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 12248
FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
FIRST BANK NATIONAL ASSOCIATION TRUST
U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN
TRUST 1997-2)
Plaintiff,
KATHY SWOPE A/K/A KATHY A. SWOPE
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CML DIVISION
NO. 02-3510
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
0 an FHA mortgage
( ) non-owner occupied
( ) vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
FIRST BANK NATIONAL ASSOCIATION TRUST
U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN
TRUST 1997-2)
Plaintiff,
KATHY SWOPE A/FJA KATHY A. SWOPE
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 02-3510
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EOCC HOME
EOUITY LOAN TRUST 199%2), Plaintiffin the above action, by its attorney, FRANK FEDERMAN,
ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following
information concerning the real property located at ,127 BEECH STREET, CARLISLE, PA 17013.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
KATHY SWOPE A/K/A KATHY A.
SWOPE
127 BEECH STREET
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Nanle
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
4. Name and address of last recorded holder of every mortgage of record:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
PENNSYLVANIA HOUSING 2101 NORTH FRONT STREET
FINANCE AGENCY ItARRISBURG, PA_ITll0
5. Name and address of every other person who has any record lien on the property:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
127 BEECH STREET
CARLISLE, PA 17013
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities.
August 14, 2003
DATE
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
FIRST BANK NATIONAL ASSOCIATION TRUST :
U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN :
TRUST 1997-2) :
Plaintiff, :
KATHY SWOPE AfK/A KATHY A. SWOPE
Defendant(s).
TO:
KATHY SWOPE A/K/A KATHY A. SWOPE
127 BEECH STREET
CARLISLE, PA 17013
CUMBERLAND COUNTY
No. 02-3510
August 14, 2003
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THATPURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GA1NST PROPERTY. * *
Your house (real estate) at, 127 BEECH STREET, CARLISLE, PA 17013, is scheduled to be
sold at the Sheriff's Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $84,111.97
obtained by FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC
HOME EOUITY LOAN TRUST 1997-2) (the mortgagee) against you. In the event the sale is
continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sate, you must take immediate action:
The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
you may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. Ifthe. lamount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule uriless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sher/ffwithin te{n (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
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 LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
~ LL tl~ose t~o certain treats of land sitttate in the Township of South
Middleton Township. ~ounty of Cumberland. and Commonwealth of
Psnrzsylvatri~. numbered and ~escribed in accordance with plot
of Bonny Heigltts d~xted June 1. 1925. and recorcLed in the ltereinafter
named Reeorder's Of I~we in Finn Boolt 2. Page gl. and as showt& on
the aRach~d Draft of Sum~ m~ by Roger St. Ge~in ~
~soci~es &t~d Jan~ ]0. 1961. wh~h pbt Plan a~ Draft of
Su~q are e~h ~orated herein by feferetzce. ~
TRACT NO. 1: BEGINNING at a point on the northern line of 50 feet
wide Be~ch S~eet at the dividing line between Lots Nos. 6 a~ 8 of
~loeh "B" a~ slwwn on said Plot Plan of Bonny l~eight~; tl~n~e from
said point at tl~ Place af Beginnitrg along said divi~ing llr~ b~tween
aaid Lots Nos. 6 and 8 of Bloelt #B' (Tract No~ 2 hereltzafler &seribed
being the soutlwrr~ ~oo~ion of acrid Lot No. 6 of Block nB~). ~ort~ 32
degrees 08 minutes F.o~t a di~tar~e of 100 feet to a point in line of
lam now or fort~rly of John S. Weibley; thertce alot~ line of said
land no~ or formerly of John S. Welbley and through a portion of
~Lot No. 8 of Bloeh "B". South ~7 &grees 52 minutes E~t a distance of
41.4 feet to an iron pin in line of land now or formerly of Lester C.
~orrtman and wife; th~race a~ong th~ western line of said la~zd now or
formerly of L~ter C. Common az~d througlz a por~ion of said l~ot No.
~ ofB~h "~. South 32 d~es 08 minutes West ~ d~ta~g of 100 fett
to a marh on top ora ~mre~ curb on t~ ~h~ l~ of SO f~t
wide Beech S~t; the~ a~ng t~ ~d~t'n line of SO f~t w~
B~ch S~eet. No~h ~7 degre~ g2 minutea West a distan~ of 41.4 feet
to the sogtl~asts~ co~r of Trot No. 2 iwreinafter desv~bed at tI~
Pl~ of BEG~G.
THE ABOV.~ described 2Xcaet No. I is the westernmost 41.4 feet of the
soutlter~ 100 fe~t of Lot No. 8 of Blo& "B" ~ shown on said Plot Plan
af JRonny Height~ recorded a~ aforesaicL
'I'~¢ACT NO 2: BEGINNING at a point on the northern line of gO feet
wide 2~e~h S~eet at tim divld~ng llrt~ b~ttoeen Lots 2%ro~. ~ an~ 8 of
BI~k 'B' as s~wn an sa~ P~t Plan of ~o~y ~elghts r~r&d
afore*a~, wltielt paint at the P~e of Begi~ ~ tl~
~ of ~vt No. I aborn desexed; t~nce a~ng t~ nort~ li~
of ~id 50 ftet wid~ ~ech S~eet. North 67 &grees 52 minutes West a
d~t~e of gO feet to an i~n pin at t~ dividing l~ b~een
~. 6 ~ 4 of B~ak 'B~ t~nce along said dloid~g llne between
said ~t~ Nos. 6 and 4 of B~lt '~ wh~h ~t No. 4 is ~ ~w or
folly of Parlt S~g~rt. ~o~h 32 d~es 08 minutes ~t a
&fence of l O0 feet to an iwn pln ~ t~ zouthwestem ~er or.nd
~w or fo~erly of John S. ESe; tl~nce a~ng li~ of
fo~ ~t~erly of John S. Ege aM through sa~ ~t No.
~outlz 67 deer--s 52 ~inute~ ~t ~ dls~nce alSO feet to
the ~hwestern co--er of Tra~t ~o. I ~ove desc~bed;
t~ dividing line be~een ~ts No. 1 and 2 ~ein &sv~ wh~h
~ a ~rHon of the divid~ line b~een ~tt Nos. 4 a~ 6 of B~k
"B~ ~uth 32 &grees 08 m~utes We~t a d~t~e of 1 O0 f~t to a paint
on tl~ ~he~ line afro feet wide ~eeh Street at tim P~e of
THE ABOVE described Tract 1~o. 2 is the ~outhern 100 feet of Lot No.
6 of Block "B~ au~ shown on said Plot Plan of Bonny Heights re~orded
¢z~ ¢zfore~ald~
A dwelling house itnown as ct:ad numbered 127 ~leeeh Street is erected
on lite above described R~racts Nos. I o~nd 2o which dwelling house I~t~
'tlze mailing addres~ of 127 Beech S~eet. Carl~. Penn~lvan&
701 &
TAX PARCEL/e22-0487-060
_TITI.E TO SAID PREMISES IS VESTED IN KatP. y A. Swopc, A Single Person by Deed Ikom
lotto ,.'Vl. Boudcr and Pearl W. Bouder, Husband ,and wife joined by Jeffrey C. Swope, A Married
Person dated 5/17/1995 and recorded 8/29/1995 in Deed Book t27. Page 360.
SHERIFF'S RETURN - U.S.
CASE NO: 2003-03S01 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CAPITAL CITY CAB CO
VS.
HASSINE DAVID M
CERTIFIED MAIL
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT ,HASSINE DAVID M ,
by United States Certified Mail postage
prepaid, on the 24th day of July ,2003 at 0000:00 HOURS, at
29 STONEHOUSE DRIVE
WHITEHOUSE STATION, NJ 08889 , a true
and attested copy of the attached COMPLAINT & NOTICE Together
with ,
The returned
receipt card was signed by SIGNATURE ILLEGIBLE
07/26/2003
Additional Comments:
oil
Sheriff's Costs:
Docketing 18.00
Service 4.65
Affidavit .00
Surcharge 10.00
.00
32.65
Paid by PETER FOSTER
Sworn and subscribed to before me
this ~ day of ~
~__~A. D.
~ ~ot~onotary '~ ~
So answe~r~ j~3~/~i j~Y
Sheriff of Cumberland County
on 07/29/2003
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-03510 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ASSET ACCEPTANCE INC
VS
MELOY SAMUEL M
RONALD HOOVER ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT & NOTICE
MELOY SAMUEL M
DEFENDANT , at 0946:00 HOURS,
at 32 FALCON COURT
MECH3LNICSBURG, PA 17055
SAMUEL M MELOY
a true and attested copy of COMPLAINT
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 30th day of July , 2003
by handing to
& NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00 ~
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
36.28 07/31/2003
WELTMAN WEINBERG REIS
Sworn and Subscribed to before
me this 6 ~ day of
~ ~3 A.D.
£P&~ot honot ary
By:
Deputy Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ASSET ACCEPTANCE, INC., ASSIGNEE OF
FLEET BANK, N.A.
Plaintiff
VS.
SAMUEL M. MELOY
Defendant
No. 03-3510 CIVIL
PRAECIPE FOR DEFAULT JUDGMENT
FILED ON BEHALF Of
Plaintiff
COUNSEL OF RECORD OF
THiS PARTY:
William T. Molczan, Esquire
PA I.D. ~N.7437
WELTMAN, WEINBERG & REIS CO., L.P.A.
27t8 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#02937050
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ASSET ACCEPTANCE, INC., ASSIGNEE OF
FLEET BANK, N.A.
Plaintiff
VS.
SAMUEL M. MELOY
Defendant
Civil Action No. 03-3510 CIVIL
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendant, Samuel M. Meloy, above named, in the default of
an Answer, in the amount of $6,336,20 computed as follows:
Amount claimed in Complaint $5,230.30
Interest from 8/24/01 to 9/02/03
at the contract interest rate of 26.99% per annum $1,105.90
TOTAL $6,336.20
I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance
with PA R.C.P. 237.4 on the dates indicated on the Notices.
WELTMAN, WEINBERG & REIS CO., L.P.A,
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#02937050
Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh,
PA 15219
And that the last known address of the Defendant is: 32 Falcon Ct., Mechanicsburg, PA 17055
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ASSET ACCEPTANCE, INC., ASSIGNEE OF
FLEET BANK, N.A.
Plaintiff
VS.
SAMUEL M. MELOY
Defendant
Civil Action No. 03-3510 CIVIL
IMPORTANT NOTICE
TO: Samuel M. Meloy
32 Falcon Ct.
Mechanicsburg, PA 17055
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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 DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND
YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO
A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
PA I.D. ~N-7437
Gerianne Hannibal, Esquire
PA I.D.# 66622
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #02937050
VERIFICATION
The undersigned does hereby vedfy subject to the penalties of 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according
to the PraecJpe attached are not members of the Armed Forces of the United States or any other military
or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned
further states that the information is true and correct to the best of the undersigned's knowledge and
belief and upon information received from others.
WELTMAN, WEINBERG & REIS CO., L.P.A.
William ~.
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#02937050