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Home My WebLink About99-07349 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK SUCCESSOR CASE NO: qj - IN INTEREST TO INTEGRA NATIONAL BANK/NORTH Plaintiff, V. MICHAEL J. BRONCHIK and CATHY M. BRONCHIK Defendants. COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, Esquire PA I.D. #68013 WELTMAN, WEINBERG & REIS CO., L.P.A. 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR 01761942 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK SUCCESSOR IN INTEREST TO INTEGRA NATIONAL BANK/NORTH Plaintiff, V. MICHAEL J. BRONCHIK and CATHY M. BRONCHIK Defendants. C, l ? r CAS E NO: 9V- '13"'? COMPLAINT IN CIVIL ACTION 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 attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service for Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 A0, COMPLAINT 1. Plaintiff is a corporation with offices at 6750 Miller Road, Brecksville, OH 44141. 2. Defendant, Michael J. Bronchik, is an adult individual residing at 101 Ian Drive, Mt. Holly Springs, CUMBERLAND County, Pennsylvania 17065. 3. Defendant, Cathy M. Bronchik, is an adult individual residing at 102 Ian Drive, Mt. Holly Springs, CUMBERLAND County, Pennsylvania 17065. 4. On or about March 28, 1996, Defendants duly executed a Pennsylvania Motor Vehicle Installment Sale Contract (hereinafter the "Contract") in favor of Plaintiff, a true and correct copy of said Contract and Security Agreement is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Pursuant to said Contract, Defendants took possession of the vehicle more particularly identified as a 1996 King of the Road TRL Crown MQC40FRB, Serial Number 1DRCF4038TB006762. 6. Defendants defaulted under the terms of the parties' agreement by failing to make payment to Plaintiff as promised, thereby rendering the entire balance of the Contract immediately due and payable. 7. By the terms of the parties' agreement, more specifically the "acceleration clause" therein, Defendants' default made the entire balance of the loan immediately due and payable. S. Plaintiff avers that a payoff balance of S50,171.13 is due from Defendants as of August 16, 1999. 9. Plaintiff avers that the written agreement between the parties provides that Plaintiff is entitled to interest at the rate of 9.00 percent per annum. 10. Plaintiff avers that interest from August 16, 1999 to November 11, 1999 calculated at the aforesaid rate amounts to $206.19. 11. Plaintiff avers that the Contract between the parties provides that Defendants will pay Plaintiff's reasonable attorneys' fees in the event of collection. 12. Plaintiff avers that such attorneys' fees amount to 5150.00 to date and that said fees continue to accrue. 13. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, attorneys' fees, interest or any part thereof to the Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor and against Defendants, Michael J. Bronchik and Cathy M. Bronchik, jointly and severally, in the amount of 550,527.32 with appropriate additional attorneys' fees and continuing interest thereon at the rate of 9.00 percent per annum plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS CO., L.P.A. RI A. GIBSO , squire PA I.D. #68013 Attorney for Plaintiff 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR # 01761942 4' ?N I?CociJi,?L d?1CQ(?? (? VERIFICATION The undersigned does hereby verify subject to the enalties of 18 PA.C.S. 1 4904 relating to unsworn falsification to authorities, that he/she is (7Aiimrr a / ?/ C (Name) of iu c r?ia ? (2 JO /C. Plaintiff (Title) (Co any) herein, that 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. c 1. J. LL _ l? ??: L: `.nii C11 m 1 ?.1.• CA .. Q. c•. C7 Vo SHERIFF'S RETURN - REGULAR CASE NO: 1999-07349 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY BANK ETC VS BRONCHIK MICHAEL J ET AL HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within NOTICE & COMPLAINT was served upon BRONCHIK MICHAEL J the DEFENDANT , at 0010:16 HOURS, on the 23rd day of December , 1999 at 102 IAN DRIVE MT HOLLY SPRINGS, PA 17065 by handing to MICHAEL BRONCHICK a true and attested copy of NOTICE & COMPLAINT together with and at the same time directing His attention to the contents thereof Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 8.00 .00 29.10 Sworn and Subscribed to before me this day of A. D. Prothonotary So Answers: ?.; 0 eA e. r ? tl 2 R. Thomas Kline 12/23/1999 WELTMAN, WEINBERG, REIS By: "(,j -Ieputy Sheriff- SHERIFF'S RETURN - REGULAR CASE NO: 1999-07349 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY BANK ETC VS BRONCHIK MICHAEL J ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within NOTICE & COMPLAINT was served upon BRONCHIK CATHY M the DEFENDANT , at 0010:16 HOURS, on the 23rd day of December , 1999 at 102 IAN DRIVE MT HOLLY SPRINGS, PA 17065 by handing to MICHAEL BRONCHICK (HUSBAND) a true and attested copy of NOTICE & COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 8.00 .00 14.00 Sworn and Subscribed to before me this /9 day of CVO A.D. - h4 00;- p ? So Answers: R. rrhomas Kline 12/23/1999 WELTMAN, WEINBERG & REIS By: Deputy eriff FEB 2 5 2000\ 1 IN THE COURT OF COMMON PLEAS O CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, SUCCESSOR IN INTEREST TO INTEGRA NATIONAL BANK/NORTH Plaintiff No.99-7349 CIVIL VS. STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT MICHAEL J. BRONCHIK and CATHY M. BRONCHIK Defendants THIS LAW FIRM IS ATTEMPTING TO INFORMATION OBTAINED WILL BE USED FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lori A. Gibson, Esquire PA I.D.#68013 WELTMAN, WEINBERG 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA15219 (412) 434-7955 W W R#01761942 & REIS, CO., L.P.A. COLLECT THIS DEBT FOR ITS CLIENT AND ANY FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OL DIVtI MBERLAND COUNTY, PENNSYLVANIA CIVION NATIONAL CITY BANK, SUCCESSOR IN INTEREST TO INTEGRA NATIONAL BANK/NORTH Plaintiff VS. MICHAEL J. BRONCHIK and CATHY M. BRONCHIK Defendants No.99-7349 STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT AND NOW, comes the Plaintiff, by counsel and the Defendants to Stipulate to Settlement and the Entry of Judgment by Consent, as follows: 1. Defendants admit indebtedness to Plaintiff in the amount of $50,527.32 with continuing attorneys' fees and interest thereon at a rate of9% per annum from November 11, 1999 and costs. 2. To secure the repayment of said indebtedness, Defendants agree that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendants, jointly and severally, in the amount of $50,527.32 plus continuing interest thereon at the rate of 9% per annum from November 11, 1999 and costs. 3. Plaintiff agrees not to Execute on its Judgment so long as Defendants cause to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $562.91 due by January 27, 2000; (b) no less than $562.91 per month due on the27th day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "National City Bank" 5. The first payment due under this agreement, on January 27, 2000, is to be received at the offices of Waltman, Weinberg & Reis, Co., L.P.A., 2601 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219 and all subsequent payments are to be received at the offices of National City Bank, P.O. Box 49982, LOC 7112, Cleveland, Ohio 44101. 6. In the event of default, each payment received shall be first attributed to costs, interest and they, to principal. 7. Time is of the essence of this agreement and should the Defendants fail to have in the hands c` Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interes- and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shF constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendants in this Stipulation which the parties agree is final and complete. O\1?tgv^ 9. Intending to be le ly bound, the parties pray for an appropriate order, and set their hands and seals this day of '11'2000. THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Michael J. Bronchik By: Det Cathy M. Bronchik By:( /W• `Defends WELTMAN, WEINBERG & REIS CO., L.P.A. Lori A.bson s Attorney for Plaintiff 2601 Koppers Buildi 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#01126225 )Pd fitness , ?). ?n A 5 ?- z ?-- fitness ;.::.:..__ _.?...a...?... :? - < % _ . ` . .. ' _ .- - _.: ,_: :a _ ?':.' c ' .? -- : _ . . J ?_ ? • _-.) ?-' ?_ ? J .,:,'? . :, 'i IN THE COURT OF COMMON PLEAS/O DCUMI E LAND COUNTY, PENNSYLVANIA NATIONAL CITY BANK, SUCCESSOR IN INTEREST TO INTEGRA NATIONAL BANK/NORTH Plaintiff No.99-7349 CIVIL Vs. MICHAEL J. BRONCHIK and CATHY M. BRONCHIK Defendants Michael J. Bronchik 102 Ian Drive Mt Holly Springs, PA 17065 NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $50,527.32plus costs. ( ) Trespass Judgment in the amount of $ -plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary By: PROTHONOTARY (OR DEPUTY) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, SUCCESSOR IN INTEREST TO INTEGRA NATIONAL BANKINORTH Plaintiff No.99-7349 CIVIL Vs. MICHAEL J. BRONCHIK and CATHY M. BRONCHIK Defendants NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsil Judgment in the amount of $50,527.32plus costs. ( ) Trespass Judgment In the amount of $plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safely, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary Cathy M. Bronchik 102 Ian Drive Mt. Holly Springs, PA 17065 By: PROTHONOTARY (OR DEPUTY) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, SUCCESSOR IN INTEREST TO INTEGRA NATIONAL BANKINORTH Plaintiff VS. MICHAEL J. BRONCHIK and CATHY M. BRONCHIK Defendants No.99-7349 CIVIL ORDER OF COURT AND NOW, to-wit, this zan? day of , 2000, upon consideration of the record and of the parties' foregoing Stipulation for Settlement, it is ORDERED, ADJUDGED, and DECREED tha: the Prothonotary shall enter Judgment in favor of Plaintiff and against Defendants, Michael J. Bronchik and Cathy M. Bronchik, jointly and severally, in the amount of $50,527.32with continuing interest thereon at the rate of 9% per annum from November 11, 1999 plus costs, by consent of the parties. BY THE COURT: / i` _! ,_ ? ?? - g ?' ? `> :s - Q: - CJ