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HomeMy WebLinkAbout03-3863IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. ROBERT S. REED d/b/a CREDIT RANCH AUTO SALES, CIVIL DIVISION COMPLAINT IN CONFESSION OF JUDGMENT Defendant. Code: Counsel of Record for This Party: Donna M. Donaher, Esquire Pa. I.D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, No. VS. ROBERT S. REED oVb/a CREDIT RANCH AUTO SALES, Defendant. COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, formerly Pittsburgh National Bank, by and through its counsel, Tucker Arensberg, P.C., and files this Complaint confessing judgment in its favor, stating as follows: 1. Plaintiff, PNC BANK, NATIONAL ASSOCIATION ("PNCB"), is a national banking association organized under the laws of the United States and a citizen of Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh, Pennsylvania. 2. Defendant is Robert S. Reed d/b/a Credit Ranch Auto Sales, whose last known address is 685 State Street, Lemoyne, PA 17043. 3. Defendant, on February 4, 2000, executed a Promissory Note ("Note") and thereby promised prompt and punctual payment of the indebtedness due under the Note. A true and correct copy of said Note is attached hereto, incorporated herein and labeled Exhibit "A". 4. By the Note, Defendant promised to pay Plaintiff the principal sum of $75,000.00 together with interest thereon in the manner provided by the Note. 6. Defendant. There has been no assignment of the Note. Judgment has not been entered on the Note in any jurisdiction against the 7. The judgment by confession sought by PNCB in this Complaint is not being entered against a natural person in connection with a consumer credit transaction. 8. By Warrant of Attorney contained in the Note, Defendant authorized entry of judgment by confession. 9. Pursuant to the Warrant of Attorney executed by Defendant, Defendant waived the benefit of all laws exempting real or personal property from execution. 10. Pursuant to the Warrant of Attorney contained in the Note, judgment may now be entered against Defendant as payment was not made when due creating an event of default under the Note and, accelerating all amounts due. The Warrant of Attorney also allows judgment to be entered as of any term. 11. Under the Note, the following amounts are now due by Defendant to PNCB: 12. Principal Debt Interest through 7/29/03 Late Charges Attorney's Commission Total Under the terms of the $69,987.01 $ 4,482.26 $ 474.19 $ 7.494.34 $82,437.80 Note, Defendant is liable to PNCB for attorney's commission of ten (10%) percent for collection. WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendant as authorized in the Warrant of Attorney contained in the Note, in the sum of $82,437.80 together with interest and costs of suit. 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. ROBERT S. REED d/b/a CREDIT RANCH AUTO SALES, Defendant. CERTIFICATE OF RESIDENCE I hereby certify that the precise address of Plaintiff is: Fifth Avenue and Wood Street Pittsburgh, Pennsylvania 15265 and that the last known address of Defendant is: 685 State Street Lemoyne, PA 17043 Donna M. Donaher, Esquire Attorney for PNC Bank National Association -]- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. ROBERT S. REED d/b/a CREDIT RANCH AUTO SALES, Defendant. No. CONFESSION OF JUDGMENT Pursuant to the authority granted in the Warrant of Attorney contained in the Note, a copy of which is attached as Exhibit "A" to the Complaint filed in this action, the undersigned attorney hereby appears for Defendant and confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against Defendant as follows: Principal Debt Interest through 7/29/03 Late Charges Attorney's Commission Total $69,967.01 $ 4,482.26 $ 474.19 $ 7,494.34 ~2,.437.80 Donna M. Donaher, Esquire Attorney for PNC Bank, National Association -2- AFFIDAVIT The undersigned hereby certifies that the underlying transaction referred to in the attached Complaint for Judgment by Confession, filed pursuant to Pa. R.C.P. Nos. 2950-2956, is not a To the contrary, the underlying transaction is a commemial consumer credit transaction. transaction. Donna M. Donaher, Esquire Attorney for PNC Bank, National Association Sworn to and su.bsc~,~.bed before.~J3~ this ~ day of ,_\; ,C~, ~ ,2003. BANK_FIN:203523-1 012286-006670 -4- PROMISSORY NOTE ~ ~ O;~IT RNa'CH NJI'O $N. ES {TIN: PNC BMIK, N ATIOIOd. ,~$_ _qOC]&'H Off 42,12 CJURU.q.E PIKE ~ ~ PA 170~1,~4 Inte~"e~ RMe: Date of Note: February 4, 2000 pROIOS~ TO PAY. H~B'-,,.~ ~ S ~ ~ ~'~,,,J'"" Io ~ M PNC B&.t~ ]~kTIO~LM. ASSOCIATI0ff ('[.endell, or order, In lawtul EXHIBIT ACT 105 OF 2000 NOTICE A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT. PURSUANT TO 42 PA. C.S.A. §2737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS: PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 - STRIKING OFF JUDGMENT. (a) (1) Relief From a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling roasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440 (see text of Rule 440 reprinted below). -5- (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment is pending. Rule 440. Service of Legal Papers other than Original Process (a) (1) Copies of all legal papers other than original process filed in an action or served upon any party to an action shall be served upon every other party to the action. Service shall be made (i) by handing or mailing a copy to or leaving a copy for each party at the address of the party's attorney of record endorsed on an appearance or prior pleading of the party, or at such other address as a party may agree, or Note: Such other address as a party may agree might include a mailbox in the Prothonotary's office or an e-mail address. For electronic service by means other than facsimile transmission, see Rule 205.4(g). (ii) by transmitting a copy by facsimile to the party's attorney of record as provided by subdivision (d). (2) (i) If there is no attorney of record, service shall be made by handing a copy to the party or by mailing a copy to or leaving a copy for the party at the address endorsed on an appearance or prior pleading or the residence or place of business of the party, or by transmitting a copy by facsimile as provided by subdivision (d). (ii) If such service cannot be made, service shall be made by leaving a copy at or mailing a copy to the last known address of the party to be served. Note: This rule applies to the service upon a party of all legal papers other than original process and includes, but is not limited to, all other pleadings as well as motions, petitions, answers thereto, rules, notices, interrogatories and answers thereto. Original process is served under Rule 400 et seq. (b) Service by mail of legal papers other than original process is complete upon mailing. (c) If service of legal papers other than original process is to be made by the sheriff, he shall notify by ordinary mail the party requesting service to be made that service has or has not been made upon a named party or person. -6- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. ROBERT S. REED d/b/a CREDIT RANCH AUTO SALES, Defendant. NO. TO: Robert S. Reed d/b/a Credit Ranch Auto Sales 685 State Street Lemoyne, PA 17043 NOTICE OF ENTRY OF JUDGMENT Please take notice that on ,2003, a Judgment by Confession of Judgment, was entered against you in the court and at docket term and number set forth above. The amount of the Judgment is $82,437.80, plus costs. Prothonotary, Cumberland County VERIFICATION The undersigned, John Matlak, hereby verifies the statements of fact contained in the attached Complaint in Confession of Judgment to be true and correct according to his personal knowledge, information and belief, and further pledges that this verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: By: John M-' t~$ Assistan~ Vice President and Attor ney ,~-.elation s Manager IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION VS. Plaintiff, NO. AFFIDAVIT OF NON-MILITARY SERVICE ROBERT S. REED d/b/a CREDIT RANCH AUTO SALES, Filed on behalf of Plaintiff, PNC Bank, National Association Defendant. Code: Counsel of Record for This Party: Donna M. Donaher, Esquire Pa. I.D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 -$- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. ROBERT S. REED d/b/a CREDIT RANCH AUTO SALES, Defendant. No. Personally appeared before me, the undersigned authority, John Matlak, who, being duly sworn according to law deposes and says that upon inquiry, and from his own personal knowledge, he knows and avers that the Defendant, Robert S. Reed d/b/a Credit Ranch Auto Sales, in the above action is not in any branch of the military service oI the United States. John Matlak ~ Assistant Vice ~reSident and Attorney Relattbns Manager Sworn and subscribed before me this ~ day o.f t ~/~'~'~C,f ,2_Q03. Notary Publi~ My commission expires: BANK_FIN:203523-1 012286-006670 Notarial Seal PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS, Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Joumal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. S (L~'Mariwol~ TO AN~C;u~e~;R~D before me this 07 day of NOVEMBER. 2003 lOIS E. SNYDER, Not~y Public ~ Bom, Cumbedand C;mnty CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County. Pennsylvania Action--Mortgage Foreclosure No. 03-3683 Civil Term WAYPOINT BANK, F/K/A YOlk< FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff VS. MARK RODGERS HOLLY I. RODGERS Defendants TO: Mark Rodgers Yon are hereby notified that on July 31. 2003, Waypoint Bank, f/k/a York Feders/Savings and Loan Association and Harris Savings Bank filed a Mortgage Foreclosure plaint endorsed with a Notice to De- fend, against you in the Court of Common Pleas of Cumberland Coun- ty, P~nnsylvania. docketed to No. 03-3683, wherein Plaintiff seeks to foreclose Its mortgage secured on your property located at: 43 East Colurnbia Road. a/k/a 43 East Co- lumbus Road, Enola, Cumberland County, Pennsylvania 17025. whereupon your property would be sold by the Sheriff of Cumberland County. 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 no- tice are served, by entering a writ- ten appearance personally or by at- torney arid filing In writing with the court your defenses or objections to the claims set forth against you. You are warned that ffyou fall to do so, the case may proceed without you arid 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 Plain- tiff. You may lose money or prop- erty or other rights mlportant to you. YOU SHOULD TAKE THIS PA- PER 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 32 South Bedford Street Carlisle, PA 17013 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paglnas siguientes, debe romar accion dentro de veinte (20) dias a partlr de la fecha en que reclbio la demanda y el avi,~o. Usted debe presenter convparecencla escrita en persona o pot abogado y presen- ter en la Corte par escrito sus de- fenses o sus objections a las deman- das en su contra. Se le avisa que si no se deflende, el caso puede proceder sinusted y la Corte puede decider en su con- tra sin mas avlso o notification por cualquter dlnero reclamado en la demanda o pot cualquier otra queJa o compensaclon reclamados par el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDA- CUMBERLAND LAW JOURNAL DES U OTROS DERECHO$1MPOR- TANTES pARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO. VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASIS- TENCIA LEGAL. BENJAMIN F. RIGGS, JR., LD. No. 72030 Attorney for Plaintiff' Wa}point Bank P.O. l~ox 1711 Harrisburg, PA 17105-1711 {717) 815-4518 Nov. 7 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is and in their regular daily and/or Sunday/ Metro editions which appeared on the That neither he nor said Company is interested in the subject matter of said I: the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION .............. . ..~/~....~..~.....~....~~.~.__~ .......... CO PY Sworn to a~d)et~bscribedX- /- /- ' ~ ' ,- ~-,before,/m~is 6th day of~ve~;ll~r 2003 A.D. ~/NotadaISeal // /~ ,~ ._ /~'"'" My Comm.,ssion Ex~res June 6, L~06 ~ NO'~ARY PUBLIC I~m~r. Pems~ar~',~Assecia~onO~N~a.~eMy commission expires June 6, 2006 WAYPOINT BANK ATTN: NENE'I-rE SARAFIAN, LEGAL DEPT. P.O. BOX 1711 HARRISBURG, PA. 171051711 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 390.87 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general Igc receipt of the aforesaid notice and publication costs and certifies that the same have NOT ~i~ OR C&NNOT ~- A UN PNC BANK, National Association, Plaintiff : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CASE NO. 03-3863 V. ROBERT REED, SR. d/b/a CREDIT RANCH AUTO SALES, Defendant CIVIL ACTION - LAW NOTICE OF STAY TO THE PROTHONOTARY OF THE COURT OF COMMON PLEAS: All proceedings concerning the above-referenced action should be stayed pursuant to the filing of a Petition under Chapter 13 of the United States Bankruptcy Code in the Middle District of Pennsylvania to Case No. 1-04-00337, by Robert S. Reed, the Defendant in the within action. A copy of such Petition and the Notice of Bankruptcy Case Filing is attached. This Notice is entered for the limited purpose of providing notice of the pending Chapter 13 Bankruptcy case and is not intended to be an entry of appearance by the undersigned. Date: Januaryo"[~ 2004 Respectfi~lly submitted, CUNNINGHAM & CHERNICOFF, P.C. Pennsylvania 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 --~.EDIT RA2VcH AUTo SAI~E$ & S~Vi~ aka ~ aka ~ ~CING CO~o~TS G$$ STA~E STREET I~]~OYA~ PA 17043 venue (Check any aPp~ica~l;'~o~) '~ Debto~ Debtor has been ..... . ~ There is a bankruptcy Case COncerning debtor's a~liate, preceding the date of this Petition or for a longer pa~t of such 180 days than in any Other District. this District for 180 days immediately Typo of Debtor (Check a~l boxes ~hat apply) ' ' ' ~ Individual(s) Corporation ~ RaiirOad Chapter or Section of Bankruptcy COde Under Which ~ Stockbroker the Petition Is Filed (Chec~ One box) ~ Other ~ Commodj~ Broker Chapter 7 ~ Chapter 11 ~ Chapter 13 ~ Clearing Bank 9 -Nature of Debts (Check one box) Sec 304 ~ase ancdla~ to f~relgn proceeding Chapter 11 Smag Bus ness C Filing Fee (Check One box) ~ Debtor is a smafl bUSJne~- ( beck ali boxes that aoDIv~ ~ Fu~l F~/Jng Fee affached ~ Debtor is =~ as defined in 1 1 U.S.C. ~ 101 -~ ~' ~ Filing Fee to be Paid in instaflments (AppIJ~ble to indJWduats only) and elects to be considered a Small business Under Must a~ach signed app/i~tJon for the couP's consideration StatJstfcaJ/Administrative Informal,on ~:~'~g;;~ ~ btor is unab e o pay re-- . ~ Debtorestimatest~a (Est~mateson~y) ~' ee~calFormNo ' ~==XCept;ninsal~ Pa~d, there wflJ be no funds available for distribution to UnSecured creditors. EStimated Assets ~ ~ ~ ~ Estimated Debts ~ ~ Voluntary Petition (This page must be completed and filed in ever7 case) Location Where Filed: NONE Name of Debtor(s): · FORM 8t, Page2 ROHE~T $ REED a~d RAE ANN RE~D Case Number~ J Date Filed: Name of Debtor: "= ~"~~'"" ~'~*"*~ ~l~~ Case Number: NO~ ~ Date Filed: District: Relationship: ~ S~gnatu ] declare under penalty of per;ur! that the information provided Jn this petition is true and correct. iii petitioner is an individual whose debts are pdmadly consumer debts and has chosen to file under chapter 7] I am aware that I may proceed under chapter 7, 11, 12, or 13 of title 11, United States Code, understand the relief available under each such ¢;haoter, and ch~_os~ to proceed under chapter 7. request relief in accordance with the chapter of title 11, United States 2odey~.Tfied in th,s petiticn L~ BOX 60457 HARRISBURG PA 17106-0457 Telephone Number Dale Signature of Debtor (Corporation/Partnership) l declare under penalty et peri,r/that the information provided in this petition is true and correct, a~d that I have been authorized to file this petition on behalf of the debtor. The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this petition. X (To be completed if debtor is required to file periodic reports (e.g., forms 10K and 10Q) with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 and is requesting relief under Chapter 11) [] Exhibit A is attached and made a part of this petition Exhibit B (To be completed if debtor is an individual whose debts are primarily consumer debts) the attorney for the petitioner named in the foregoing petition, declare that I have informed the petitioner that [he or she] may proceed under [, 12, or 13 of title 11, United States Code, and have chap Date ~ibit C Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health and safe[y? [] Yes, and exhibit C is attached and made a part of this petition. [] No Signature of Non-Attorney Petition Preparer I certify that I am a bankruptcy petition preparer as defined in 11 U.S.C. } 110, that I prepared this document for compensation, and that I have 3rovided the debtor 'with a copy of this document. Names and Social Security numbers of all other individuals who prepared or assisted in preparing this document: If more than one person prepared th s document, attach additional sheets conforming to the appropriate official form for each person. A bankruptcy petition preparer's failure to comply with the provisions of title 11 and the Federal Rules et Bankruptcy Procedure may result in ~nes or imprisonment or both 11 U.S.C. § 1 f0; 18 U,S.C. § 156. USBC PAM - LIVE - V2.3 - NoticeOfFiling Page 1 of 2 United States Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 13 of the United States Bankruptcy Code, entered on 01/21/'2004 at 4:28 PM and filed on 01/21/2004 at 3:36 PM. Robert S Reed 685 State Street Lemoyne, PA 17043 SSN: xxx-xx~7350 aka Robert S Reed dba Credit Ranch Auto Sales & Service Rae Ann Reed 685 State Street Lemoyne, PA 17043 SSN: xxx-xx-9282 aka MMI Components aka MMI aka MMI Racing Components The case was filed by the debtor's attorney: Robert E Chernicoff Cunningham & ChernicoffPC 2320 N Second St PO Box 60457 Harrisburg, PA 17106-0457 717-238-6570 The bankruptcy trustee is: Charles J DeHart, III PO Box 410 Hummelstown, PA 17036 717-566-6097 The case was assigned case number 04-337 to Judge Mary D France~ The filing of a bankruptcy case automatically stays certain actions against the debtor and the debtor's property. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. If you ~vould like to view the bankruptcy petition and other documents filed by the debtor, they are available at our [nternet home page http://wxvw.pamb.uscourts.gov/or at the Clerk's Office, U.S. Bankruptcy Court, PO Box 908, Harrisburg, PA 17108. https://ecf, pamb uscourts gov/cgi-bin/NoticeOfF ing pio129402 ' ' 1/28/04 USBC PAM - LIVE - V2.3 - NoticeO~iling Page 2 of 2 You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. Arlene Byers Clerk, U.S. Bankruptcy Court PACER Service Center Transaction Receipt 01/28/2004 13:17:56 PACER Login: lice 1465 ~.~21ient Code: ~ D~seriptioa: ~Notiee o£ Filing]lEase Number..j[1:04~bk.00337.MDi~ https://ecf, pamb uscourts gov/cgi-bin/'NoticeOfFiling p19129402 ' ' 1/28/04 ~2ERTIFICATE OF SERVICE I, Holly P. Siekerman, Paralegal, hereby certify that on January ~ 2004, a true and correct copy of the foregoing NOTICE OF STAY was served by first-class mail, postage prepaid on the following: Donna M. Donaher, Esquire TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 CUNNINGHAM & CHERNICOFF, P.C. Holly g)Siekerman, Paralegal NO. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. ROBERT S. REED d/b/a CREDIT RANCH AUTO SALES, Defendant. No. 03-3863 Civil Term CERTIFICATE OF SERVICE UNDER RULE 2958.1 Filed on Behalf of Plaintiff, PNC BANK, NATIONAL ASSOCIATION Counsel of Record for This Party: Donna M. Donaher, Esquire PA I.D. No. 53165 TUCKER ARENSBERG, P.C. Firm No. 287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 NO. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, No. 03-3863 Civil Term VS, ROBERT S. REED d/b/a CREDIT RANCH AUTO SALES, Defendant. .CERT FICATE OF SERVICE UNDER RULE 2958.1 The undersigned hereby certifies that she did serve a Notice Under Rule 2958.1 of Judgment and Execution thereon, upon the Defendant on January 14, 2004, by certified mail, at the following address: 685 State Street Lemoyne, PA 17043 A true and correct copy of the Notice Under 2958.1 and the return receipt is attached hereto. TUCKERARENSBERG, P.C. Donna M. Donaher, Esquire 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 BANK_FIN:215603-1 000011-114358 IN THE COURT OF COMMON PLEAS PNC BANK, NATIONAL ASSOCIATION, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, No. 03-3863 Civil Term VS. ROBERT S. REED d/b/a CREDIT RANCH AUTO SALES, Defendant. Notice Under Rule 2958.1 of Judgment and Execution Thereon To: Robert S. Reed d/b/a Credit Ranch Auto Sales 685 State Street Lemoyne, PA 17043 Notice of Defendant's Rights A judgment in the amount of $82,437.80 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. Tucker Arensberg, RC. 1500 One PPG Place Pittsburgh. PA 15222 p. 412.566.1212 f. 412,594.5619 www. tuckedaw, com TUCKER ARENSBERG Attorneys 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 Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 TUCKER ARENSBERG, P.C. Donna M. Donaher, Esquire 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 Attorneys for Plaintiff BANK_FIN:215124-1 000011-114358 Tucker Arensberg, RC. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 www. tuckerlaw, com Il I