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HomeMy WebLinkAbout01-4708WILLIAM SHAPIRO, ESQ. P.C. BY: Kenneth S. Shapiro, Esq. Identification No. 26850 One Belmont Ave., Suite 202 Bala Cynwyd, PA 19004 610-668-0707 Belmont Financial Services Group, Inc. P.O. Box 213 Wynnewood, PA 19096 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA VS. Tab Hunter 120 South 15th Street Camp Hill, PA 17011 Defendants CASE NO. (~)1--/'/7(~o~ NOTICE You have been sued in the Court of Common Pleas of Cumberland County, in the Commonwealth of Pennsylvania. 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 is served, by entering a written appearance personally or via attorney, by filing, in writing with the above captioned 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 WILLIAM SHAPIRO, ESQ. P.C. BY: Kenneth S. Shapiro, Esq. Identification No. 26850 One Belmont Ave., Suite 202 Bala Cynwyd, PA 19004 610-668-0707 Belmont Financial Services Group, Inc.: P.O. Box 213 Wynnewood, PA 19096 : Plaintiff Vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Tab Hunter 120 South 15th Street Camp Hill, PA 17011 Defendants : CASE NO. ~ ! --~'~'"/O~ COMPLAINT 1. Plaintiff, Belmont Financial Services Group, Inc., is a Pennsylvania corporation with its principal place of business at P.O. Box 213, Wynnewood, PA 19096. 2. Defendant(s), Tab Hunter, is/are individual(s), whose last known address is 120 South 15th Street, Camp Hill, PA 17011. 3. On or about April 29, 1994, Defendant(s) originally contracted with Chevy Chase for a Mastercard Credit Card Account No. 5422702009913005 (the "Account"). (See Exhibit "A', Affidavit of Indebtedness attached hereto and made a part hereof.) 4. The account was purchased from Chevy Chase by Unifund CCR Partners, and subsequently assigned to Belmont Financial Services Group, Inc. on or about November 16, 2000. (Exhibit "A"} 5. Defendant(s) defaulted under the terms of the agreement in that he has failed to make any payments on the balance due on the account since July 31, 1998. (Exhibit "B', Chevy Chase Mastercard Agreement, attached hereto and made a part hereof) 6. Plaintiff has duly made demand for payment from the Defendant(s), who has failed and refused to comply with said demand. 7. In accordance with the terms of the account and the underlying agreement with Chevy Chase, Defendant(s) is obligated to the Plaintiff in the amount of $13,400.49 (as of March 14, 2001), calculated as follows: Principal Balance due on Account $8,935.33 Interest and finance charges ~ 18.90 % APR from July 31, 1998 through March 14, 2001 4,465.16 Total Amount Due $13,400.49 (See Exhibit "A", Affidavit of Indebtedness) WHEREFORE, Plaintiff requests that this Court enter judgment in favor of Plaintiff and against the Defendant(s) in the amount of $13,400.49 plus interest and costs. WILLIAM SHAPIRO, ESQ. /~ 2 apir~Esq. Attorneys for Plaintiff EXHIBIT A State of Ohio ) County of Hamilton ) ss. AFFIDAVIT AND ASSIGNMENT Amy Sanders, being sworn, deposes and says that she is Media Supervisor of Unifund Corporation herein called assignor, which is doing business at 11802 Conrey Road, Suite 200, Cincinnati, OHIO 45249 and that she is authorized to make the statements and representations herein. At all times relevant hereto, all books and records of assignor pertaining to the account of the debtor were maintained under my direct custody and control. There is due and payable from Tab Hunter account #5422702009913005, as of July 31, 1998, the amount of $8935.33. By the terms of the agreement between the defendant and the original creditor, interest is accruing at the rate of 18.90 percent per annum. This account originated with Chevy Chase. Unifund Corporation purchased this account from Chevy Chase. Said agreement was hereby assigned, transferred and set over unto Belmont Financial Services Group, I on November 16, 2000, with full power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise or satisfaction of said claim. The affiant states that to the best of the affiant's knowledge, information and belief there are no uncredited payments, just counterclaims or offsets against the said debt. Further, the undersigned acknowledges that in making this assignment, the assignor has made a complete assignment of said debt and that Belmont Financial Services Group, I is now the owner thereof, and they have complete authority to settle, adjust, compromise and satisfy said claim that all of the original credit grantors and their successors and assignees had, and that the assignor has no further interest in said debt for any purpose. DATED this 5th day of December 2000. UNIFUND CCR PARTNERS NOTARY SEAL My commission expires: By: Amy Sanders Media Supervisor 11802 Conre¥ Rd., Suite 200, Cincinnati, OH 45249 Subscribed and sworn to before me this 5th day of December 2000. EXHIBIT B ,/ .... V. CHASE 9ANK, FSB Dcm- Cu~,tomer Your Chevy. Cha~e ca,d, offers pn'hieges. You em.my Pa?hen: ~ue Date each month.. qimpJy c~ll tutl-ff~ ~-8~-9~T-5000 ~::~ s~k :: nne of our ~owi~geabie Customer ~r~ A grow4ng' number of customers are u~mE the;,.- Cne~, Ch:se ~ds [o ob~ c~h. ~ply print your card a: ~y b~ or ~nan~sj i~:itu:mn d~a)gng the M~a~ or Visa s~l, You can ~tain ~h up m >~ av~iabie ~sh aav~ limiL You can also obtaia ~.qash oy wr~ung a cash advance check. You ~ti receive an in~Oucto~ supply ~[ cash advance ch~ showy. These ~ wo~ j~t ilk~ Oersonal ch~. You can ob~n or pay bill~ it's llke ~ung ya~elf a ioan ~thou: going m the ~ ~d onty ~u ~ow ~u'~ ~mg your cr~t 5ne. The corms and .-'ondi6on~ o£your Chevy Chase are descri~ in '..he enclosed agreement. ?ieaae read the agreeme,-.r ca.,-e6~,l)y, as there mag have Onc*. again, weicome :o Chevy. Cha~. We iook Funvard ~ meeung all of)'ou,- :redk. can: ne~. YOUR BILL.lNG RIGHTS KEEP THIS NOTICE FOR F1JTURE USF Special PromotJonat Offers STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY Patricia Lieb, being duly sworn according to law, deposes and says that he/she is the Ass't Treasurer of Belmont Financial Services Group, Inc; that he/she is authorized to make this affidavit on its behalf; and that the facts set forth in the foregoing complaint are true and correct to the best of her knowledge, information and belief. Patricia Lieb, Ass't Treasurer Sworn to and subscribed. before me this .30 '~day of J C,£ ¥ ,2001 No~tary Public ~~N SHAPIRO, Notary Pubtic SHERIFF'S RETURN - CASE NO: 2001-04708 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BELMONT FINANCIAL SERVICES VS HUNTER TAB REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HUNTER TAB the DEFENDAIqT , at 2018:00 HOURS, at 120 SOUTH 15TH STREET CAMP HILL, PA 17011 on the 27th day of August , 2001 by handing to TA~ HUNTER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this ;~ day of ~, =2~/~/ i 'Prothonotary' So Answers: R. Thomas Kline 08/28/2001 WILLIAM SHAPIRO Deputy Sheriff Costopoulos & Welch 14(~0 ~,iar~h ~gcond Street Harrisburg, PA 17102 (717) 221-0900 Belmom Financial Services Group, Inc. P.O. Box 213 Wynnewood, PA 19096, Plaintiff Tab Hunter 120 South 15th Street Camp Hill, PA 17011, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-4708 CIVIL TERM 2. 3. 4. 5. ANSWF~R TO CO]~PI,AINT Admitted. Admitted Admitted Defendant is without knowledge as to this allegation and thei~fore cannot respond. Denied. By way of furfiaer answer, Defendant denies Exlu~it B is any document relating to any contract that he entered into. 6. Defendant is without knowledge as to what demands have been "duly" made of him. WHEREFORE, ~ prays This Honorable Court will deny Plaintiff's request for judgment Date; Allen C. Welch, Esquire ATTORNEY FOR DEFE3~ 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Belmont Financial Services Group, Inc. P.O. Box 213 Wynnewood, PA 19096, Plaintiff Tab Hunter 120 South 15m Street Camp I-Iill, PA 17011, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-4708 CIVIL TERM VE, RII?IC~ATION I verify that the statements made in the foregoing document are true and correct. I understand that false statemems herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Tab Hunter Dated: Belmom Financial Services Group, Inc. P.O. Box 213 Wynnewood, PA 19096, Plaimiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Tab Hunter 120 South 15* Street Camp Hill, PA 17011, Defendant : No. 01-4708 CIVIL TERM I, Allen C. Welch, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Harrisburg. Pennsylvania, through first class mail, prepaid, and addressed as follows: Date: Kenneth S. Shapiro, Esquire, P.C. One Belmom Ave., Suite 202 Bala Cynwyd, PA 19004 Allen C. Welch, Esquire ATTORNEY FOR DEFENDANT 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. ID No. 68735 WILLIAM SHAPIRO, ESQ. P.C. BY: Kenneth S. Shapiro, Esq: Identification No. 26850 One Belmont Ave., Suite 202 Bala Cynwyd, PA 19004 610-668-0707 Belmont Financial Services Group, Inc. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA VS. Tab Hunter Defendant NO. 01-4708 CIVIL TERM MOTION FOR JUDGMENT ON THE PLEADINGS. Belmont Financial Services Group Inc., Plaintiff herein, by its undersigned counsel, respectfully moves this Court, pursuant to Pa.R.C.P. No. 1034 for judgment on the pleadings, and submits the following in support thereof: 1. Plaintiff filed a Complaint against Defendant on August 8, 2001 averring that Defendant owed $13,400.49 based on a defaulted credit card account. (A true and correct copy of the complaint is attached hereto as Exhibit "A".) 2. Defendant answered the Complaint on October 3, 2001. (A true and correct copy of the Answer is attached hereto as Exhibit "B".) 3. In his Answer to Averment #3, Defendant admits that he originally contracted with Chevy Chase for a MasterCard Credit Card Account No 5422702009913005. 4. In his Answer to Averment #5, Defendant does not specifically deny that he failed to make payments on said account since July 31, 1998. In accordance with Pa.R.C.P. 1029 (b), the averment should be admitted. 5. Defendant's answer to Averment//7 simply states that it is "Denied", it does not specifically deny any facts nor raise a defense to any portion of the averments contained in//7, including but not limited to the account balance, the interest rate, the amount of interest due, or the total amount due. In accordance with Pa.R.C.P. 1029(b), the averment should be deemed admitted. 6 Defendant failed to set forth any facts supporting a defense to the complaint. 7. The pleadings are closed and time exists within which to dispose of this motion so as not to delay trial. 8. There are no genuine issues of material fact to be tried. 9. Plaintiff is entitled to judgment as a matter of law on the pleadings. WHEREFORE, Plaintiff, Belmont Financial Services Group, Inc., respectfully requests that this Court enter judgment in favor of plaintiff and against defendant, Tab Hunter, for the principal balance of $8,935.33 plus interest at 18.9% from July 31, 1998 through March 14, 2001 in the amount of $4.,465.16, for a total of $13,400.49, and costs. WILLIAM SHAPIRO ESQ.,~ EXHIBIT 'A' WILLIAM SHAPIRO, ESQ. P.C. BY: Kenneth S. Shapiro, Esq. Identification No. 26850 One Belmont Ave., Suite 202 Bala Cynwyd, PA 19004 610-668-0707 Belmont Financial Services Group, Inc. P.O. Box 213 Wynnewood, PA 19096 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Vs. Tab Hunter 120 South 15th Street Camp Hill, PA 17011 Defendants · CASE; NO. (..)l - ,IJ~'OP NOTICE You have been sued in the Court of Common Pleas of Cumberland County, in the Commonwealth of Pennsylvania. 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 is served, by entering a written appearance personally or via attorney, by filing, in writing with the above captioned 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 ()NE, 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 WILLIAM SHAPIRO, ESQ. P.C. BY: Kenneth S. Shapiro, Esq. Identification No. 26850 One Belmont Ave., Suite 202 Bala Cynwyd, PA 19004 610-668-0707 Belmont Financial Services Group, Inc. · P.O. Box 213 Wynnewood, PA 19096 · Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Tab Hunter 120 South 15th Street Camp Hill, PA 17011 Defendants · C, ASE NO. COMPLAINT 1. Plaintiff, Belmont Financial Services Group, Inc., i:s a Pennsylvania corporation with its principal place of business at P.O. Box 213, Wynnewood, PA 19096. 2. Defendant(s), Tab Hunter, is/are individual(s), whose last known address is 120 South 15th Street, Camp I-Jill, PA 17011. 3. On or about April 29, 1994, Defendant(s) originally contracted with Chevy Chase for a Mastercard Credit Card. Account No. 5422702009913005 (the "Account"). (See Exhibit "A", Affidavit of Indebtedness attached hereto and made a part hereof.) 4. The account was purchased from Chevy Chase by Unifund CCR Partners, and subsequently assigned to Belmont Financial Services Group, Inc. on or about November 16, 2000. (Exhibit "A') 5. Defendant(s} defaulted under the terms of' the agreement in that he has failed to make any payments on the balance due on the account since July 31, 1998. (Exhibit"t3', Chevy Chase Mastercard Agreement, attached hereto and made a part hereof) 6. Plaintiff has duly made demand for payment from the Defendant(s}, who has failed and refused to comply with said demand. 7. In accordance with the terms of the account and the underlying agreement with Chevy Chase, Defendant(s) is obligated to the Plaintiff in the amount of $13,400.49 (as of March 14, 2001), calculated as follows: Principal Balance due on Account $8,935.33 Interest and finance charges ~ 18.90 % APR from July 31, 1998 through March 14, 2001 4,465.16 Total Amount Due $13,400.49 (See Exhibit "A", Affidavit of Indebtedness) WHEREFORE, Plaintiff requests that this Co'urt enter judgment in favor of Plaintiff and against the Defendant(s} in the amount of $13,400.49 plus interest and costs. Date: / EXHIBIT A State of Ohio ) County of Hamilton ) ss. AFFIDAVIT AND ASSIGNMENT Amy Sanders, being sworn, deposes and says that she is Media Supervisor of Unifund Corporation herein called assignor, which is doing business at 11802 Conrey Road, Suite 200, Cincinnati, OHIO 45249 and that she is authorized to make the statements and representations herein. At all times relevant hereto, all books and records of assignor pertaining to the account of the debtor were maintained under my direct custody and control. There is due and payable from Tab Hunter account #5422702009913005, as of July 31, 1998, the amount of $8935.33. By the terms of the agreement between the defendant and the original creditor, interest is accruing at the rate of 18.90 percent per annum. This account originated with Chevy Chase. Unifund Corporation purchased this account from Chevy Chase. Said agreement was hereby assigned, transferred and set over unto Belmont Financial Services Group, ! on November 16, 2000, with full power and authority to do and perform all acts necessary for the collection. settlement, adjustment, compromise or satisfaction of Said claim. The affiant states that to the best of the affiant's knowledge, information and belief there are no uncredited payments, just counterclaims or offsets against the said debt. Further, the undersigned acknowledges that in making this assignment, the assignor has made a complete assignment of said debt and that Belmont Financial Services Group, I is now the owner thereof, and they have complete authority to settle, adjust, compromise and satisfy said claim that all of the original credit grantors and their successors and assignees had, and that the assignor has no further interest in said debt for any purpose. NOTARY SEAL My commission expires: DATED this 5th day of December 2000. UNIFUND CCR PARTNERS By: Amy Sanders Media Supervisor 11802 Conrey Rd., Suite 200, Cincinnati, OH 45249 Subscribed and sworn to before me this 5th day of December 2000. EXHIBIT B CH--VY CHASE 9ANK, FSB it gives me ~a: pieasu~ to ore. n: you.- new Chevy. Chase card. You may ueg,m m use you.- new canl ~mmecbately. S~.~np~y si~rn t~e back oz' ~'~e card for you.- Your Chert Chase carpi offers an c.'~ay :t exceou~.nnl priviiegee. You en.m.w. · ~ interest free ~.nce period on A Frowing number of cu. smmers -',re u.smff theL,- Chase ca. rds to obt,run ¢~i',. Simply present your rard a: any ban~ or financial institution di~iaying the M~te.,Card or Visa s.wnbol. You can o0tain c~sn up [o .your available cash acivance limi:. You can aL~. obtain :ash hy writing a cash adv~n~ check. You will receive mn introductory supply ui' rash advance ehm:k~ shortly. Thee checi~ work just like personal checks. You can obtain cash. mai~e purcm'~es. or pay bills. '.[L'a like writing youtaelf a loan w~thou: when you oay your New Balance in ~il by the ~omg to the i~nk! ~ onty you imow you're u~mg Payment Due Date eac~ mo_nAb_. ............... your cre~t line. Customer ~erv'ice whenever you neec ~,.~lst. ance. Simpiy co, U toll.free 1-8~-937.5000 =t:~ s~ak nne of ~r ~owi~eabie Customer Reo~n~fiv~ We're avmiabie 24 se~en Gmamr shoppin[, d~=. ~ t~ve~g ~nv~ mence. Your =~ is w~me at over :m~ million [~auo~ a~ ~e U~. and ~d-~ times m~y i~Oons M ~en~ D~ o~ uo ~ I0~ when ~u mn: ram Aumma~c travel s~den: i~u~ce w~e~ The terms arid condidor~ of your Chevy. Oh~e m~ am de~6~ in ~e endo~d a~men: Pi~ read the a~emm:t ~F~ly, ~ ~em ~y have ~ chang~ to ~r,e m~a ofyo~ ~t s~ ~u ap0ii~. Your ~e of :~e ~ ~ m~m ~ a~ o~ Once again, welcome to Chevy. C['mJe. We look fu~vord :o meeun[ all ofyou~- :recLit mm nee~. Sir. cereiy, chase travel tZtite,,' with you.- Chevy.. Cr. as~ ca.,-~. Cv' Free addiOo~ m~ for other ~iir er no~e~id ~ ~ mem~. ~'/~ Convemem ~h or,lability. Denn~ C. Mc.~ney .. · Sen:or Vice President ~,RDHO~ER RUL-eS AND R=.~U~...~T~ON$ AND NO'~,E. ~.= ;;ILl lNG RIGHT$ ¥~', JU YOUR BILMNG RIGHTS KEEP THIS NOTICE FOR ~"UTURE USE Special Promotional Oliers STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY Patricia Lieb, being duly sworn accordin~ to law, deposes and says that he/she is the Ass't Treasurer of Belmont Financial Services Group, Inc; that he/she is authorized to make this affidavit on its behalf; and that the facts set forth in the foregoing complaint are true and correct to the best of her knowledge, information and belief. Patricia Lieb, Ass't Treasurer Sworn to and subscribed before me this .~, "'day of ~ ~ ~ ,2001 EXHIBIT 'B' Belmont Financial Services Group, Inc. P.O. Box 213 Wynnewood, PA 19096, Plaintiff Tab Humer 120 South 15t~ Street ' Camp Hill, PA 17011, ' Defendant · THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4708 CrVIL TERM AN,~NXT, R Ti) COIVIPI.A 1. Admitted. 2. Admitted 3. Admitted 4. Defendant is without knowledge as to this ailegaticm and therefore cannot respond. 5. Denied. By way of further answer, Defendant denies Exhibit B is any document relating to any contract that he entered into. 6. Defendant is without knowledge asto what demards have been "duly" made of him. WHEREFORE, Defendant prays This Honorable Court will deny PlainfWs request for judgment Reslx~fully submitted, Allen C. Wel~h, Esquire ATTORNEY FOR DEFENDANT 1400 N. Second Street Harrisburg, PA 1 ? 102 (?r7) 221-0900 Belmont Financial Services Group, Inc. P.O. Box 213 Wynnewood, PA 19096, Plaintiff · THE COURT OF COMMON PLEAS OF . CUMBERLAND' COUNTY, PENNSYLVANIA v. · No. 01-4708 CIVIL TERM Tab Hunter 120 South 15' Street ' Camp Hill, PA 17011, ' Defendant VERI'glCATION I verify that the statemems made in the foregoing document are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities· Tab Hunt~,~ Dated: //j "'~ "a f Belmont Financial Services Group, Inc. P.O. Box 213 Wynnewood, PA 19096, Plaintiff Mo Tab Hunter 120 South 15t~ Street Camp Hill, PA 17011, Defendant · THE COURT OF COMMON PLEAS OF - cUMBERLAND COUNTY, PENNSYLVANIA · No. 01-4708 CIVIL TERM I, Allen C. Welch, Esquire, hereby certify that I am this day :serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Off~ at Harrisburg, Pennsylvania, through first class moji, prepaid, and addressed as follows: Date: Kenneth S. Shapiro, Esquire, P.C. One Belmont Ave., Suite 202 BalaCynwyd, PA 19004 Allen C. Welch, Esquire ATTORNEY FOR DEFENDANT 1400 lq. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. ID No. 68735 WILLIAM SHAPIRO, ESQ. P.C. BY: Kenneth S. Shapiro, Esq. Identification No. 26850 One Belmont Ave., Suite 202 Bala Cynwyd, PA 19004 610-668-0707 Belmont Financial Services Group, Inc. · Plaintiff · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA VS. Tab Hunter Defendant NO. 01-4'708 CIVIL TERM CERTIFICATE OF SERVICE I, Kenneth S. Shapiro, Esq., attorney for plaintiff, hereby certify that on the [3 day of ~O& ~/, 2003, he caused a true and correct copy of the Motion for ! Judgment on the Pleadings, to be served by postage prepaid first class mail upon: Allen Welch, Esquire Attorney for Defendant 1400 S. Second Street //7 Harrisburg, PA 17102 // S/h~t~o, Esq. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: PI.ease list the within matter for the next Ar~t Court. CAPTION OF CA~E (entire caption. ~st be stated in full) BELMONT FINANCIAL SERVICES GROUP, INC. TAB HUNTER 1. State d~mu~ ( Plaintiff ) ( De fandant ) No. 01-4708 Civil 19 matter to be argued (i.e., plaintiff's motion for new tr~a], defendant's er to cc~p]mint, etc.): PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS IdentifY counsel whow~ll argue case: (aI) for plaintiff: Kenneth S. Shapiro, Esq. ~%dress: One Belmont Ave., Suite 202 Bala Cynwyd, PA 19004 for defendant: Allen Welch, Esq. ~ess: 1400 N. Second Street Harrisburg, PA 17102 3. I w~ ] ] notify 2] ] parties in writing within t~ days that this case has been ] i mted for ar~t. 4. Ar~_nt Court ~ate: March 26, 2003 ~ 03/24/2003 12:23 FAX 717 6019 EXECUTIVE OFFICES 003 BELMONT FINANCIAL SERVICES V TAB HUNTER · IN THE COURT OF COMMON,PLEAS OF · CUMBE~ COUNTY, PENNSYLVANIA 01-4708 CIVIL ORDER GRANTING JUD. GMaT ON THE PLRADINO$ AND NOW, mi. 24~ day of Marclg 2003, the Court having b~n notified by Counsel for the Defeaxtant that no viabk defense exists to Plaintiff~s claim, and m~t all parti~ d~sim to avoid the time required for oral argmmm sch~uled for March 26, 2003, k ~ }~rcBy ORDERED tl~ Pi~lnti~'s Motion for Judgm~ em on the Pl.ading$ is hereby This matt~ will b~ s~ickeu li~om the Argummt L~ for M_a~h 26,2003. Edward B. Guido, Kenneth Shapiro, Esq. For thc Plaintiff Allen C. Welch For Ibc l)cf~udaut 03/24/2003 12:23 790 6019 EXECUTIVE OFFICES OO2 COSTOPOULO$ & WELCH Attorneys 5UOO memr noad, su#m 202 Allen C. Wdch, E~a~luire Hechanimbu~ PA 170SS Telephone: {717) 790-9546 Jeann& B, Go&'topoulo~, F,~quire Facsimile: E-mail: cdmoefXOaol.com March 24, 2003 Hon. Edward E. Guido Cmnlx~]and Cour,y Courthouse Carlisle, PA 17013 VIA FAX TRANSMISSION TO 717-240-6462 In re Belmont_FinanciA_! Sci'vices v. Tab Hunler No. 01-4708 Dear Judge Guido: I represent the. Defimdam., Tab l-lunter, It Ins become apparent that he has no viable defense to thc claims of Belmora, which is represented by Mr. Kenneth Shapiro, of ~mclosecl Order and ~h-~ke this matter fi'om the Argument List for this Wednesday. That would sav~ all of us some time, A proposed Order is enclosed. Because I must come to thc Clerk'S Of]~e later today, I could bring an original to you ii'you so desired. Attorney-at-Law WILLIAM SHAPIRO, ESQ. P.C. Kenneth S. Shapiro, Esq. I.D. #2655O One Belmont Avenue, Suite 202 Bala Cynwyd, PA 19004 (610) 668-0707 BEL O xrr FIN '4C SE tV CES GKOUP, INC. Plaintiff VS coURT OF coMMON PLEAS ' cuMBERLAND coUNTY CIVIL CASE NO. 01-4708 TAB HUNTER. Defendants TO TIlE CLERK: Kindly enter judgment in favor of Plaintiff, Belmont Financial Services Group, Inc., and against Defendant, Tab Hunter, and assess damages in the amount of $13,400.49, plus costs, pursuant to the Order Granting ludgment on the Pleadings of the Honorable Edward E. Guido, I. dated March 24, 2003. A certified copy of the Order and an Assessment of Damages are attached hereto. WILLIAM SHAPIRO, ESQ., P.C. BELMONT FINANCIAL SERVICES GROUP, INC. TAB HUNTER Plaintiff(s), Defendant(s). IN THE COURT OF COMMON PLEAS FOR CUMBERLANDCOUNTY CIVIL CASE NO. 014708 ASSESSMENT OF DAMAGES Enter Judgment in favor of Plaintiff and against the defendant(s) TAB HUNTER, pursuant to the Order Granting Judgment on the Pleadings.. Assess Damages as Follows: Debt Interest - 7/31/98 -3/14/01 Total $8,935.55 4,465.16 $13,400.49 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. BELMONT FINANCIAL SERVICES GROUP, INC. P.O. Box 213 Wynnewood, PA 19096 VS. r aintiff(s), Defendant(s). IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL CASENO. 014708 OFFICE OF THE PROTHONOTARY TO: TAB HUNTER C/O ALLEN C. WELCH, ESQ. 1400 N Second Street Harrisburg, PA 17102 NOTICE PURSUANT TO RULE 236, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT HAS BEEN ENTERED PURSUANT TO AN ORDER GRANTING JUDGMENT ON THE PLEADINGS IN THE ABOVE PROCEEDING, AND THAT ENCLOSED HEREWITH IS A COPY OF ALL RECORD DOCUMENTS FILED IN SUPPORT OF THE SAID JUDGMENT. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL. Kenneth S. Shapiro, Esq. WILLIAM SHAPIRO, ESQ., P.C. One Belmont Avenue Suite 202 Bala Cynwyd, PA 19004 (610) 668-0707 BELMONT FINANCIAL SERVICES V TAB HUNTER · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COLrNTY, PENNSYLVANIA 01-4708 CML ORDER GRANTING ,R,!DG~T ON THE PLEADINGS AND NOW, thi. 24m day of Mamh, 2003, fl~e Court having been notified by Counsel for the Defeaxlant that no viable defense exists to Plaimi~$ claim, and that all ' parties des/re to avoid the time required for oral ~ scheduled for March 26, 2003, . it is horoby ORDERED that Pl~lnti~s Motion for Judt~ent on the Pleadings i~ hereby This matter will be stricken from the Argume~ List for March 26,2003. Edward E. Guido, Kenneth Shapiro, Esq. For the Plainfi~ Alien C. Weleh For thc Defendant