HomeMy WebLinkAbout07-5904COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of CUMBERLAND
COMMON PLEAS No. Q 7'- 5Q0q Civtl Tarn,
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
NAMt VI- AHFtLLAN I
Commonwealth Financial Systems
c/o Apple and
DATE OFJUDGMENI
9-5-07
MAG. DIST. NO.
09-1-01
le, PC, 4650 Baum Blvd. Pittsbur
NOTICE OF APPEAL
DISTRICT JUSTICE JUDGMENT
FROM
Charles A. Clement, Jr.
IN I HE GASt Ur (F'lalntlit)
.ommonwealth Financial Systems
PA
15213
. .........
Matthew D. Kalinowski
DOCKET No. SIGNAT O APPELLA OR ATTORNEY R AGENT
CV-263-07
..- LZiG?-t`/
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
was
J. No. 1001(6) in action
a District Justice, A COMPLAINT MUST BE FILED within twenty
days after filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
Name of appellee(s)
appellee(s), to file a complaint in this appeal
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 20
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF Er7 ICE OF ? OT'ICE OF APPEAL AND RULE TO ' ? MPS. 9, i
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Notaries
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i 42OMMONWEALTH OF PENNSYLVANIA
rTV nc. CUMBERLAND
Mag. Dist. No.:
09-1-01
MDJ Name: Hon.
CHARLES A. CLEMENT,
Address: 400 BRIDGE ST
OLDE TONNE COMMONS
NEN CUMBERLAND, PA
Telephone: (717 ) 774-5989
JR
-SUITE 3
17070
ATTORNEY FOR PLAINTIFF :
PATRICIA A. COBB, ESQ.
120 N. KEYSER AVE.
SCRANTON, PA 18504
THIS IS TO NOTIFY YOU THAT:
FOR DEFENDANT
Judgment:
NOTICE OFCJIVDGCASE /TRANSCRIPT
PLAINTIFF: NAME and ADDRESS
FCOMMOMFEALTH FINANCIAL SYSTEMS INCA
120 N KEYSER AVE
SCRANTON, PA 18504
L J
vs.
DEFENDANT: NAME and ADDRESS
FEALINOWSRI, MATTHEW D
9 PHEASANT COURT
MECHANICSBURG, PA 17055-4367
L J
Docket No.: CV-0000263-07
Date Filed: 6/25/07
(Date of Judgment)
9/05/07
d f (Name) KALINOWSRI, MATTHEW D
® or:
Judgment was entere
WEALTH FINANCIAL SYSTEMS
X Judgment was entered against: (Name) COMMON
in the amount of $ '
F] Defendants are jointly and severally liable.
F] Damages will be assessed on Date & Time
1-1 This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
F1 Portion of Judgment for physical damages arising out of
residential lease $
Amount of Judgment 00
Judgment Costs $ , _00
Interest on Judgment $
$
Attorney Fees
Total $ .00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
SEP - 5 2007Date Magisterial District Judge
I certify that this is a true and correct copy of the record of the proceedings contain ing,the'judgment:
Date
My commission expires first Monday of January, 2008
Magisterial District-Judge
SEAL
AOPC 315-07
DATE PRINTED: 9/05/07 2:07:00 PM
r_nnnnnnNWFALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of CUAIBER?`-"?
NOTICE OF APPEAL
FROM
I DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 6q-5q04 Ci vi (Term
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice ont
the date and in the case referenced below.
C. omrrtoli4dC.c=e.i th Fi1:ta21cial. Systems
c/o Apple= a ltd.
9-5-0-1,
01_..263-07
This block will be signed ONLY when this notation is required under Pa. JKa pellant was CFaimant (see Pa. R.C.P.D. No. 1UU1(b) in action
R.C.P.D.J. No. 10088. ???
This Notice of Appeal, when received by the District Justice, will operate as a b fore a District Justice, A COMPLAIN 8 FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
k ;' (20) days after filing the NOTICE of APP L.
e, PC, 4650 Baum Blvd.
IN THE CASE OF (Plaintiff)
Signature of Prothonotary or Deputy
CITY
Pi its
th Fiuiincia,l Systems
?? R . 411 RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be use hen ?6p Ilant was DEFENDANT (see Pa.R.C.P.D.J. No. 1u0 ?n 6416n before District Justice.
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: T Prothonotary i
Enter rule upon a ellee( tbTle complai 'n tfii app ,I
I ,,4e of appellee(s) s1? y-
f non pros.
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgmeno
(--. i
IF
Signature of appellant or allompy or agent
RULE: To appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within'this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
.r
Date: 20
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE
Charles A. Clieteut, Jr.'
FA
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ZIP CODE
13213
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) CLAYS AT l•ER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ss
AFFIDAVIT: I here (swear) (affirm) that i served
a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) 10, L4,0- 20 ? by personal service * (certified registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) on
t 6L( -01 2t) E] by personal service by rtified g)stered) mail,
sender's receipt attached hereto.
(SWORN) ?(AAFFIRMED) AND SUB CRIBED BEFORE ME
THIS L " `.._ DAY OF
, 20 p").
U
Signature of iat before whom affidavit m de
COMMONWEALTH OF PENNSYLVANIA
Notailal Sisal
Title of official Mary 80 V0009MI; NOWY Pubic
CRY Of Pl ldwgh. AIMOWW CMft
My commission expires on MyConr"WE*kloJuly20,2010
Member, Pennsylvania Association of Notaries
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AOPC 312A - 02
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 07-5904 Civil term
IN CIVIL ACTION
COMMONWEALTH FINANCIAL SYSTEMS, INC.
assignee of UNIFUND CCR PARTNERS,
assignee of PROVIDIAN CREDIT,
Plaintiff,
VS.
MATTHEW D. KALINOWSKI,
Defendant.
COMPLAINT ON APPEAL
CODE-
FILED ON BEHALF OF
PLAINTIFF
COUNSEL OF RECORD
FOR THIS PARTY:
Charles F. Bennett, Esq.
PA I.D. No. 30541
Joel E. Hausman, Esq.
PA I.D. No. 42096
APPLE AND APPLE, P.C.
Firm No. 719
4650 Baum Boulevard
Pittsburgh, PA 15213
Telephone: 412-682-1466
Fax: 412-682-3138
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 07-5904 Civil term
IN CIVIL ACTION
COMMONWEALTH FINANCIAL SYSTEMS, INC.
assignee of UNIFUND CCR PARTNERS,
assignee of PROVIDIAN CREDIT,
Plaintiff,
VS.
MATTHEW D. KALINOWSKI,
Defendant.
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after
this Complaint and Notice are served, by entering a written appearance personally or
by attorney and filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so, the case may
proceed without you and a judgment may be entered against you by the Court without
further notice, for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
1800-990-9108
2
COMPLAINT
1. Plaintiff is a corporation having offices at 120 North Keyser Avenue, Scranton,
PA 18504.
2. Providian Credit assigned an account portfolio to Unifund CCR Partners which,
inter alia, included the account of the above-captioned Defendant, and Unifund
CCR Partners assigned an account portfolio that, inter alia, included the account
of the above-captioned defendant to Commonwealth Financial Systems, Inc..
3. Commonwealth Financial Systems, Inc. as the assignee of Unifund CCR Partners,
and as the ultimate assignee of Providian Credit, stands in its assignors' stead and
all are hereinafter referred to interchangeably as "Plaintiff'.
4. Defendant is an individual whose address is 9 Pheasant Court, Mechanicsburg,
Cumberland County, Pennsylvania 17055-4367.
5. At a specific instance and request of the Defendant, the Defendant applied for and
was granted a credit card by Providian Credit.
6. The Plaintiff avers that the Defendant was granted a revolving open-end credit
card account and was issued a credit card for such account subject to the stated
terms and conditions contained in a written account agreement, a true and correct
copy of which has been attached hereto, marked Exhibit "A" and made a part
hereof.
7. Plaintiff avers that the Defendant accepted the terms and conditions of the
revolving open-end credit account contained in the aforementioned written
agreement by using the credit card which had been issued to make purchases
and/or cash advances.
8. Thereafter, in breach of obligations under the Agreement, the Defendant failed to
make payments as they became due.
9. Plaintiff avers that the terms of the Agreement provide for acceleration of the
entire balance due and owing upon Defendant's breach of the Agreement.
10. Plaintiff avers that the balance due amounts to $7,266.75, as is more specifically
shown by Plaintiff's Statement of Account, a true and correct copy of which is
attached hereto, marked Exhibit "B" and made a part hereof.
11. Plaintiff avers that the interest has accrued at the rate of 11.99% per annum on the
principal balance of $4,862.22 due from September 19, 2004.
12. Per the term of the agreement, the Defendant has agreed to pay to the Plaintiff as
liquidated damages, the costs of collection, including all reasonable attorneys'
fees incurred in the collection of monies owing, which Plaintiff avers will amount
to 25% of the balance due.
13. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed
and refused to pay the amount due to Plaintiff or any part thereof.
WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of
$7,266.75, with appropriate additional interest from September 19, 2004, plus
attorneys' fees and costs.
APPLE AND APPLE, P.C.
By:
Attorneys for Plaintiff(s)
4
(( PRGVIDIAN
Financial
F01.9152•0
3058
PRUVIDiAN NA7IDNAL BANK VISA' AND MAS TERCARD* ACCOUNT AGREEMENT
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Please ,-Aew this document and keep it with your other imooMrit papers. This Account Agreement contains the terms that govern your Pravidhan National Bank VISA or MasterCard
Account (t;a "Account"). The Account allows you to make purchases by using your VISA or MasterCard credit card (the 'Card') wharver it is honored and to get cash advances from us
or any other participating financial institution and from Automated Teller Machines. Convenience checks may also be provided to you as an additional way to use the Account. In this
AgreemenL you' and 'your' mean each person for whom we have opened a credit card Account. "Na." "our," "ours," and 'us' mean Pravidian National Bank, or ;hs assignees, as listed
on your billing statement. The Account may be used only for personal, family, household, and charitable purposes, and not for any business or commercial purpose. Any use of this
Account shag constitute ac`eptance of the terms of this Agreement You and we agree as follows:
Payments. You will receive a monthly statement showing your outstanding balance. Payment an this Account is required in U.S. dollars (checks must be payable at a U .S. office of we
bank the check's drawn on) tot ai least the Payment due as shown on your statement by the payment due date in accordance with payment instructions on your monthly statement i rte
back of your monthly statement includes the rules we follow when we post payfnen is to your Account Convenience checks and outer checks we may issue to you may not be used to make
payments on your Account or to make payments on any other account you have with us or our affiliates. The payment oue will be: 3% of the new balance shown on your statement plus tie
amount of arty past due payment, and may include the amount by which the new oalance exceeds your credit One. However, the payment due will not be less ;man S15 (urines gout new
balance 4 less than 515, in whic;t case the payment due will be the amount at the new balance). If your Account is past due or above die credit line, we may require a higher minimum
payment, but we will notiy you before doing so. It your payment is met*_ than the payment due. it VAN be treated as a single payment and none of it Will 68 2ppned In future Payments d 'j!.
We may accept We a partial payments, or payments marked "paid in full" at marked with other restrictions, without losing cur right to collet' all amounts swing u°.ier this Agr nwt.
Finance Charges. Finance charges begin to accrue on a debit when it is included in one of your daily balances and continue to accrue undt %T L-aiaace is radh._ed by a payment Cr Your Account has two daily balances: the PurchaUJ,kl= which consists at purchases you make with your Card and fees, other than cash 2drnc2 trao?acivn fear. ;- arced to your
Account, including tees far optional services; and the Cash Advance Balance- which consists of all cash advances and cash advance trar'SaLtion fees. Any pii.mot amoumt •xe ; Kilive that
exceeds the firmce charges and fees hen due will ordinarily be applied first to the Balance with the lower ANNUAL PERCENTAGE RATE (APR) until that Balance is rem, and then in UL,
remaining Balance. We reserve the right to apply payments differently without further notice. The Purchase and Cash Advance Balances are reduced by payments as 31 the date received.
and by credits as of the date posted. Purchases are included in your Pur:liase Balance as of the date made. Fees at., included in your Purchase Balance as at ire transaction date. Cash
advances are included in your Cash Advance Balance as follows: cash advances from other financial institutions and through Automated Teller Machines as at the date made: funds
electronically transmitted, as of the date transmitted; cash advance checks made payable to you that are identified as cashier's checks, which we may :earl to you at your request, as of
seven days affer the data we print on the check: all other checks. including any convenience checks, as of the date presented to us. Cash advance vansaction fees are included in the Cash
Advance Balance as of the transaction date. Other debits are Included in your Purchase or Cash Advance Balance as of the date posted. Finance charges are added to your Purchase and
Cash Advance Balances each day and are then posted on the last day of the billing cycle. There is no period within which credit extended may be repaid without incurring a finance charge.
To figure the daily finance c arge for purchases and the daily friarice-diargt for cash advances, we s= with your previous day's Purchase Balance and Cash Advance Balance, add all
debits and subtract all credits for the current, day to the applicable Balance (as explained in the paragraph above), and multiply the net amount by die applicable daily periodic rate (see
following paragraphs). The finance charge for purchases is then added to and included in LUt day's Purchase Balance, and the finance charge for ash advances is then added to and
included in that day's Cash Advance Balance. We tree; a credit balance for any day as zero. We determine the total 5name charges on your Balances for tae billing cycle by adding together
the finance charge for purchases for each day within the billing cycle and the finance charge for cash advances for each day within the billinggrCycle. in calculating finance charges, an
adjustment will be made for arty transaction or payment that would have affected the finance charge calculation in a prior billing cycle had it been posted in that cycle. ; ne appoabie daily
periodic fie for such a transaction will be the rate in effect for the current bitting cycle tattler than the rah in effect or. the date of the transaction.
The term "Prime Rate" as used in this Agreement means the prime rate published in The Walt Street Journal on the Irst business day of the previous calendar month Airy increase or
decrease in the APR will take effect on the first day of your billing cycle and may result in a slight incrass or decrease In the amount of your minimum payment
The ANNUAL PERCENTAGE RATE for purchases wig vary and may be adjusted each billing cycle up to 10.99% above Prime Rate. Using this formula, the APR for purchases in the
April 2000 billing cycle is 19.99%, corresponding to a daily periodic rate of 0.0548%, and your APR for purchases will nut go below 12.99%.
The ANNUAL PERCENTAGE RATE for cash advances will vary and may be adjusted each billing yde up to 12.99% above Prime !late. Using this formula, the APR for casts advances in the
April 2000 billing cycle is 21.99%, corresponding to a daily periodic rate of O.D602%, and your APR far cash advances will trot go below 21.99%.
To determine the average dairy balance shown on your statement for purchases. add each day's Purchase Balance (including daily finance charge) in the billing cycle and divide ay tte
number of days in the billing cycle. To determine the average daily balance shown on your statement for cash advances, add each day's Cash Advance Balance (including daily finance
charge) in the billing cycle and divide by the number of days in the billing cycle. You can multiply each of these average daily balances by the number of days in the billing cycle and by the
applicable daily periodic rate to obtain subtotals, and then add the two subtotals together to determine the total amount of finance charges on your balances for the billing cycle. If a cash
advance transaction fee, credit fine increase fee, or Express Card processing lee is charged (see Fees section), those amounts are also FINANCE CHARGES.
Fees. A membership le_ of 57.95 will be-charged to your Account each month. It you request and we issue an additional Card on your Account for an authorized user, a fee of $20 for each
additional Card will be charged to your Account This fee will be charged to your Account when the additional Card is issued and every 12 months thereafter for as long as each additional
Card is ourtvanding. If you request and use our Express Card Service, a one-time fee of 519.x, which Is a FINANCE CHARGE, will be charged to your Account. In some cases, express
processing may not be witable. 'Ne may charge your Account $29 for each Card you ask us to replace: each resumed payment eaO check you write on your Account that we return
unpaid; each stop payment order or renewal of such an order, each billing ycie within which your Account is delinquent (tale charge): and each billing cycle within which your oalance
exceeds your credit line *even it your Account is closed. if you request copies of billing statements that were first sent to you more man two morons earlier, we may charge a handling fee of
$2 for each such copy. A cash advance fee of 3% (minimum s5). which is a FINANCE CHARGE, may be charged for each cash advance transaction made on ydurAccdunt. For some credit
fine increases, you ma/ be charged a fee, which is a FINANCE CHARGE, the amount of which will be disclosed to you before you accept the fine increase offer. It you request that we mane
a one-time automatic payment from your personal checking account, we may charge your Account a fee of S4.95 for each request. This fee is a FINANCE CHARGE. and it will apply
whether or not funds are available in your personal checking account to make the payment.
Default. You vnll be in default if any intormation you provided us proves to be incomplete or untrue; if you do not complywith any part of this Agreement upon your dealt,. bankruptcy, or
insolvency: if you do not pay Other debts when due; it a bankrulimy peltdon Is fled by or against you; or it we believe in good faith that you may not pay or perlom your obligRfions under
this Agreement. It you are in default, we may, without furner demand or notice, cancel your credit privileges, declare your Account balance immediately due and payable, and use arty
remedy we may have. In the event of your default, the outstanding balance on your Account will continue to accrue interest at the APR(s) disclosed ', the Finance Charges section of this
Agreement, ever. h we have tiled suit to called the amount you owe.
Credit Line. Your credit line and ash advance line are disclosed when You open your Account and on your statement each month. Your cash advance One is limited :a a portion of your
credit fine. We may Increase or decrease your credit line and/or your cash advance line based on irfonadon we ootained from you or your credit reeoras. Your avaifbte credit for
purchases is normally the difference between your credit line and your Account t2lanee (including transactions made or autnorized but not yet posted). Your a-allable credit for a
cash advance is normally the difference behyeen your cash advance line and your Cash Advance ealance or the difference between your credit line and your Account balance. whichever is
less. It you send us a large payment, we may lima your available credit while we confirm that the check will clear. For certain transactions, available credit, may be less. You wig not use your
Account for, and we may refuse to honor, any tarsaction that would cause you to exceed your available credit or your available credit for ash advances. Your cedit line may be reduced it
you attempt to go over your cash advance credit line.
Promise to Pay. You promise to pay us when due ail amounts borrowed when you or someone else uses your Account (even if the amount charged exceeds your oermissier . ail ether
trarsattiom and charges to your Account and all coliecdon costs we incur including, but not limited to, reasonable anomey's fees and court, costs. fit you :vin the suit, we will pay ;our
reasonable attorney's tees and court costs.)
Changes. After we provide you any notice rech:ired by law, we may change any par of this Agreement and add or refncve any terms, conditions, or mouinmerits. If a change is made to
the Finance Charges section of this Agreement, the new finance charge calculaton will apply to your errtire Account balarce from the effective date of the change. Changes will zpby to
balances that in terms gosted to vtwr Ac^hunt b*for* the We ct the charge. and will apply whether or not you continue to use the Account
Familial Exehange/Currency Conversion. If you use your Card ter transactions in a currency other than U.S. dollars. the rarsact:cns Yrll be converted to U.S. dollars, generaity using etther
a (i) gover:unent-mandated rate or (hi) wholesale market rate in effect ire day before the transaction is processed, inGn:ssed by 3%. If a credit is subsequently given tar a transacson, it will
ne decreased by the same percentage- The currency conversion rate used on :he rorriefsion date may differ from the rate in eYect on the daze you used year Card. You agree to accept the
converted amount in U dollars. )
The Card; Cancellation. You may cancel your credit privileges at any bme b_v notirying us in wrifing and destroying the Card(s). Upon the Card _expiration at the end of the month shown on
it, we reserve the right not to renew the Card. We may cancel the Card and your credit privileges at anytime aftar 30 drys notice zo you. or witneut notice if permitted by iaw. if your Card is
cancelled or not renewed, finance charges and other leas will continuo !a be assessed. payment will continue to be due. and all outer applicable provisions of this Agreement :vill rernamn. in
effect. If you terminate your credit privileges, or if we cancel or do rat renew the Card, you may no 'longer vrita crecss on your Account, and you should destroy ary _rnsee cnec s :va
may have issued ro you:.
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Person[ information; Documents. You will provide r,.5 at bast 10 days nodrt V you change your name, home or mailing adcress, telephone numbers, emofoyment Or income, Upon our request,
you will provide US additional ftranrcal information. We reserve the right to obtain information from others, including credit reporting agents, and to provide your address and information about
vour Account to otters. We may also share WnrTnation with our ?u:S g = aff fat gi Howatar -icy r-lav writs b „s at arty #mg instru0no z not to share ;rod4 irttt7'ma^p1 wrath 0U' a • if you
do not ;unt your obligations; under this Agreemem a negative credit repot that may mftect on your creditmay be submitted to c eck reposing agenda&
Customer Service; Unauthorized Use, Loss, or Theft of Checks or the Card. Each Card must be signed or. receipt. You are responsible for safeguarding the Card, your Personal
Ideri txation Number (PIN), which provides access to Automated Teter Machines, and any checks issued to you from melt, and for keeping your PIN separate from you; Card. if you
discover or suspect that the Card, PIN, or any unused checks are lost or stolen. or that there may be an unauthorized transaction on your Account, you will promptly notify, us tPI caflirg
1-800-211-5815. So we can immediately act to limit losses and Oati tl, you will phone us even though you may also notify us in writing. Your liability for unauthorized use occurring
before you notify us is lkmittd to S^O.1t you report of -tie suspect unattttorrrad use of your Account, vr•_ may suspend you; u>dk privileges until we resolve the problem to our sohsfac5on
i or issue you a new Card. If your Card is fast or stolen, you Will promptly destroy all checks that may be in your possession. To improve customer service and security, you agree that your
calls may be monitored or recorded
Merchant Relations. We wilt not be liable if any person or Automated Teller Machine refuses to honor the Card or accept }rour checks, ar fails to remm the Cana to ;v4u_ We lave nc
responsibility for goods and services purchased with the Cana or checks except as required by law. (See Special Rule .helow.) Carair benefits drat are available w tit the ?t^cutit are
provided by third-party vendors. We are not responsible for the quality, availablt'dy, or results of any of the services you choose to use.
Stop Payment Orders. It you wish to stop payment on a check you may seal us a stop payment order by writing to us at our address for Customer Service listed on your stamment. You
can snake a stop payment order orally by caffmg the number listed on your statement When you make a stop payment order, you must provide jour Accoum nunbtr and spe&,f_
Information about the check: the exact amount the date on the check the name of the party to whom it was payable, the name ,r the pe son who signed it, and tht .ha k, numr.
.tr.
i`
You wilt be asked to confirm an oral stop payment order in writing. We 3M disregard Your oral order it n o n ti n _ signe :v =r ?n condr, rkIn Within
9BJI , or if we have not received an adequate desctption of the ittm so that payment can be stopped. The order will not be effective it V%e check was paid by us before we had t; n_iCRCble
opportunity to act on the order. We may, without liability, disregard a written stop payment order six months after receipt unless, is mr:twed in wrtlr!q.
Standard of Care. Because this Account involves a credit card and may involve check transactions that are processed thvn:;^^ sec w astioml syste^s oerore the ,ar<sz•;`kors _
consolidated try us, and because not every check and Card slip will be sent-to us, transactions in your amount will be pmcrosad mtc;X, !im1h,, wiL`xtut ortt nectszarity revietJ:nq e-rery r_
Our processing system will call our attention to certain items, which we will examine, We will examine all tr tsactions when you reowl that y:sur Card or arty c"_rks -2ve beSn lcs; z;r
stolen. We do not intend ordinarily to examine all items, and we will not be negligent If we do not do so. This rule establishms :he stert.ftd at ordinary ,;art fha, ws in good faith W'ia
k exercise in administering your Account Because of our Trotted review, and because neither your cancelled checks nor Card tray:anion slips will be returned to your wit;r u rtort.;y
= statement, you should be careful to enter all ch::ia in your check register or ottterwisa keep a recsortf of them. You should also save your ..redit card ash advance and puritase slips. YU
aoree to check Your morithly statements arairtst Your r?Cprd and to notify us immediately of any urtaWhorfzed transactorts or errors.
nn ht
a rlig to
' Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agteht without lasing our right to enforce it or any other provision later. You waive:.
presentimt demand, protest, or notice of dishonor,, any applicable statute of limitations; and any right you may have to require us to proceed against anyone before we file sub against
you.
Applicable Lacer, SeverabilIW, Assignment. No matter where you live, this Agreement and your Account are governed by federal law and by New Hampshire taw. This Agreement is a Etna!
expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement If any provision of his Agreement is h?1d to be invalid or
unenforceable, you and we will consider that provision modified to conform to applicable la+r, and the rest of the provisions in the Agreement will still be enforceable. At any time after we
determine In good faith that any proposed or eructed legislation, regulatory action, or judicial decision has rendered or may render any material provisions of this Agreement invalla of
unenforceable, or impose any innc%.ased tai, reporing requirement, or other burden in connection with arty such provision or its errlorcement;.i!r -j ay, after at least 30 days notice to you,
or without notice 'd permitted by haw, cancel the Card-and your credit privileges. We may transfer or assign our right to all or sorne of your payments. t state law requires that you receive
notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the staie's Secretary of State.
Notices, Other notices to you shall be effective when deposited in the mail addressed to you at the address shown in our records, unless a longer notice period is specified it. this
=.•? Agreement or by law, which period shall start upon mailing. Notice to us shall De mailed to our address for Customer Service on your statement (o other addresses we may specify) and
shat be effective when we receive IL
YOUR BtWNG RIGHTS - KEEP T41S NOTICE FOR FUTURE USE. This notice contains important information about your rights and our rsponsibilities under the Farr Credit 811fmg Act
Notify Us in Case of Errors orOvestlons Abort Your Bill. If you Think your bill is wrong, or If you need more information about am transaction on your btTl, write us, on a separate sheaf at
our address listed in the Billing Rights Summary an your bill Write to us as soon as possible. We must hear from you no later than 50 days after we sent you the first bill on which the
error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following. Your name and Account number- The dollar amount Of
the suspected error - A description of the error and an explanation, If passible, of why you believe there is an error. If you need more information, desmbe the Item you are not sure about
Yam Right and Out Respotrsibililfes After We Receive Yrsur WrfrYerr Notice. We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within
40 days, we mast either correct the error or explain why we believe the bill was correct After we receive your letter, we cannot try to collect any -amount you question, or report you as
delinquent We can continue to bill you for the amount you question, including finance charges, and we can apply'any unpaid amount against your credit line. You do not have to pay any
questioned amount while we are investigating, bit you are still obligated to pay the parts of your bill that are not in question.
If we rind that we made a mistake on your Will, you win not have to pay arty finance charge related to any questioned amount If we didn't snake a mistake, you may have to pay finance
charges, and you will have to make up the missed payments an the questioned amount In -either case, we wiA send you a statement of the amount you owe and the data that it is due. If
you fail to pay the amount we think you awe, we may report you as deltnquerrt However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still
refuse to pay, we mast tell anyone we report you to that you question your Doti And, we must tell you the name of anyone we reported you to. We must halt anyone we report you to that the
matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first S50 of the questioned amount even if your bill was correct.
Special Role for Credit Card Purchases. If you have a problem with the quality of the property or services that you purchased with our credit card and you have tried in good frith to
correct the problem with the marcthartt. you may not have to pay the remaining amount due on the property or services. There are two limitations on this right (a) you must rave marls the
purchase in your home state, or if not within your home state, within 100 miles of your current mailing address; and (b) the purchase price must have peen more than $50. These
limitations do not apply if we own or operate the merchant, or it we mailed you the advertisement for the property or services.
REWARDS PROGRAM -The following Terms and Conditions, along with the Redemption Rules disclosed In the Rewards Brochure ("Brochure'), apply to the Rewards Program (`Program')
" Eligibility. Participation in the Program is restricted to individuals who maintain a PrOvidtan VISA or MasterCard credit card account ("Account") in good standing. We reserve the right
to approve, deny, or revoke membership or not allow redemption of Rewards, as defined below, to any individual for any reason whatsoever.
Earning of Points. Luring the first 12 months your Account is open. you will earn 2 points ('Points') for each 51 of Net Purchases.Thereatter, at the end of each monthly billing cycle,
you will earn 1 Point for each S1 of Net Purchases. "Net Purchases" means purchases of goods or services made by you or any authorized user of the Account, minus any returns or
refunds, and excluding balance transfers, cash advances, traveiars checks, and access checks. Points do not accrue for interest citarges or fees of any kind. such as fate payment fees,
annual fees. overlimit tees. and unauthorized charges. C,Ianges made to the above list are at our safe discretion. Point accrual will begin upon your Enrolhnent Late in the Program. No
retroactive Points will be awarded. The Enrollment Date means the dace we approve you as a Program member. Points may only be earned if your Account is open and is not past due or
above the credit line. When your Account is current and is within its credit One, you will begin to earn Points again. There is no limit an the number of Points that can be earned. Points
do not have a cash value. cannot be purchased or exchanged for cash, and cannot under any crcumstance be redeemed for cash or used as a payment for your Account or Other
obligations to us.
Statement of Points. Program Points are updated morthty at the time of your Account billing statement Points earned during the month will be posted at your Wiling statement date and
are not available for redemption until at least two business days after your billing statement date.
Expiration of Points. Points will expire five years after being awarded. Points redeemed and expired will be based on airs-ea,"ned, first-spent basis.
! Redemption of Points. Points may be redeemed for products or services ('Rewards)which are set forth in a Brochure nailed to you from time to time. Points may only be redeemed if
your Account is open and is not past due or above the credit fine. A I Rewards are subject to availability. We reserve :hie right to modity or cancel any Reward at any time When Points
are redeemed for a Reward, the number of Points required for the Reward will be subtracted from your ?Dint ba[anr e. You with con act he parties feted in tie Brochure ice instructions
on how to redeem your Points.
Tax t.fability and Fees. You will be responsible for any federal, state. or local taxes due arising out of the accrual of Points or redemption of the Rewards. You will also be responsible for
any tees or other charges due in connection with the redemption of any Reward.
Changes to the Program. The Program and the benefits are offered at our sole discretion. We reserve the nigh tO after or change any Program feaiure or benefit prostieGfvety or
retroaciivery, including, without limitation. Point accrual or redemption criteria, and to cancel or temporarily suspend the Program at any time without notice. In the event you commit
any fraud or abuse your privileges relating to the accrual of Points or redemption of Rewards. we reserve the right to cancel any accrued Points as well as carne! your Account and
participation in the Program. it we cancel the Program, we will normally provide at least 30 days written noccs to you at the address provided to us. However, if you violate any provision
of these Terms and Conditions, you are in default under your Account, or your Account is closed. we may cancel the Program without oroviding you 30 days Nrinen notice and Ou will
forleit any unused Points. You may cancel your participation at any time. Tae Program Is void vmere prohibited by iedert. state, or lccai !aw.
Rewards. Martz Inc. and BRI pmvide administrative services for redemption of the Rewards. Marc !nc. and SRI are incepencent contractors ano are not affiliated `.vttn us. Meitner we.
I- rani aai Shan : a. !nr -A;., h- ,Arun nrnnerty aamane Thar may rnsiar;tcrn earicipat:mic in the Program. nor for the rademotinr or Rewards and usa cl Rewaros. In
AFFIDAVIT
I, Charles F. Bennett, Esquire, or Joel E. Hausman, Esquire as indicated below
verify that:
1. I am the attorney for the Plaintiff;
2. That the facts set forth in the foregoing Pleading are true and correct to the
best of my knowledge; information, and belief, based upon information
received from the Plaintiff.
I understand that false statements herein are made subject to the penalties of 18
Pa. C.S.A. §4909, relating to unworn falsification to authorities.
APPLE AND APPLE, P.C.
Dated: °? co'-? ? f-z
By:
Attorneys for laintiff(s)
71
r?
ti
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 07-5904 Civil term
IN CIVIL ACTION
COMMONWEALTH FINANCIAL SYSTEMS, INC.
assignee of UNIFUND CCR PARTNERS,
assignee of PROVIDIAN CREDIT,
Plaintiff,
vs.
MATTHEW D. KALINOWSKI,
Defendant.
CERTIFICATE OF SERVICE
OF COMPLAINT ON APPEAL
CODE -
FILED ON BEHALF OF
PLAINTIFF
COUNSEL OF RECORD
FOR THIS PARTY:
Charles F. Bennett, Esq.
PA I.D. No. 30541
Joel E. Hausman, Esq.
PA I.D. No. 42096
Apple and Apple, P.C.
Firm No. 719
4650 Baum Boulevard
Pittsburgh, PA 15213
Telephone (412) 682-1466
Fax (412) 682-3138
4r
Y?
T4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 07-5904 Civil term
IN CIVIL ACTION
COMMONWEALTH FINANCIAL SYSTEMS, INC.
assignee of UNIFUND CCR PARTNERS,
assignee of PROVIDIAN CREDIT,
Plaintiff,
vs.
MATTHEW D. KALINOWSKI,
Defendant.
CERTIFICATION OF SERVICE
I hereby certify that I am this day serving a true and correct copy of the Complaint
on Appeal upon the person(s) and in the manner indicated below:
Service by first class, certified mail, and postage prepaid and addressed as
follows:
Matthew D. Kalinowski
9 Pheasant Court
Mechanicsburg,PA 17055-4367
Dated: By: l1
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
NO.: 07-5904 Civil term
IN CIVIL ACTION
COMMONWEALTH FINANCIAL SYSTEMS, INC.
assignee of UNIFUND CCR PARTNERS,
assignee of PROVIDIAN CREDIT,
Plaintiff,
VS.
MATTHEW D. KALINOWSKI,
Defendant.
PRAECIPE FOR DEFAULT
JUDGMENT
CODE-
FILED ON BEHALF OF
PLAINTIFF
COUNSEL OF RECORD
FOR THIS PARTY:
Charles F. Bennett, Esq.
PA I.D. No 30541
Joel E. Hausman, Esq.
PA I.D. No 42096
Apple and Apple, P.C.
Firm No. 719
4650 Baum Boulevard
Pittsburgh, PA 15213-1237
Telephone (412) 682-1466
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
NO.: 07-5904 Civil term
IN CIVIL ACTION
COMMONWEALTH FINANCIAL SYSTEMS, INC.
assignee of UNIFUND CCR PARTNERS,
assignee of PROVIDIAN CREDIT,
-vs- Plaintiff,
MATTHEW D. KALINOWSKI,
Defendant.
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the above- named Defendant(s) in Default of an Answer, in
the amount of $11,429.32, computed as follows:
Amount named in Complaint $7,266.75
Interest from September 19, 2004
to December 9, 2007 on $4,862.22 $1,876.71
Less payment of -$
Attorney fees $2,285.86
TOTAL $11,429.32
I certify that Notice of the intention to enter this Judgment was given pursuant to Pa. R.C.P.
237.1. A copy of said Notice is attached, and was mailed on November 21, 2007 by regular mail,
postage prepaid and, addressed as follows:
Defendant: Matthew D. Kalinowski
9 Pheasant Court
Mechanicsburg PA 17055-4367
r
Dated: (4
APPLE, P.C.
t?
Attorneys for the Plaintiff(s)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 07-5904 Civil term
IN CIVIL ACTION
COMMONWEALTH FINANCIAL SYSTEMS, INC.
assignee of UNIFUND CCR PARTNERS,
assignee of PROVIDIAN CREDIT,
Plaintiff,
VS.
MATTHEW D. KALINOWSKI,
Defendant.
Matthew D. Kalinowski
9 Pheasant Court
Mechanicsburg, PA 17055-4367
Date of Notice: November 21, 2007
IMPORTANT NOTICE
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
1800-990-9108
f
By:
Urles F. ennet , Esq-
Attorneys for Plaintiff(s)
4650 Baum Boulevard
Pittsburgh, PA 15213-1237
Telephone (412) 682-1466
"6?3,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
NO.: 07-5904 Civil term
IN CIVIL ACTION
COMMONWEALTH FINANCIAL SYSTEMS, INC.
assignee of UNIFUND CCR PARTNERS,
. - - - -
assignee of PROVIDIANCREDIT,
Plaintiff,
VS.
MATTHEW D. KALINOWSKI,
Defendant.
PRAECIPE FOR WRIT
OF EXECUTION
CODE-
FILED OF BEHALF OF
PLAINTIFF
COUNSEL OF RECORD
FOR THIS PARTY:
Charles F. Bennett, Esq.
PA I.D. No. 30541
Joel E. Hausman, Esq.
PA I.D. No. 42096
APPLE AND APPLE, P.C.
Firm No. 719
4650 Baum Boulevard
Pittsburgh, PA 15213
Telephone: 412-682-1466
Fax: 412-682-3138
i
.f Y' .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
NO.: 07-5904 Civil term
IN CIVIL ACTION
COMMONWEALTH FINANCIAL SYSTEMS, INC.
assignee of UNIFUND CCR PARTNERS,
assignee-of-PROVIDIAN-CREDIT-;
-vs- Plaintiff,
MATTHEW D. KALINOWSHI,
Defendant.
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Kindly issue the Writ of Execution in the above-captioned matter...
(1) directed to the Sheriff of Cumberland County;
(2) against Defendant(s) Matthew D. Kalinowski , q phftsa "f O ?
Mechgntcaburg , AA 170M- q3&7
(3) against Garnishee(s)
(4) Judgment:
$11,429.32
Interest from December 10, 2007 to April 16, 2008
On $11,429.32
Amount of Interest $240.48
Payments $
SUBTOTAL $11,669.80
Costs (to be added by Prothonotary) $
Dated:
(44
..*WvloProp
APPLE AND APPLE, P.C.
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00 U5 ro ».?.? 1 4-1-`
OIA
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-5904 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMONWEALTH FINANCIAL SYSEMS, INC.,
assignee of UNIFUND CCR PARTNERS, assignee of PROVIDIAN CREDIT, Plaintiff (s)
From MATTHEW D. KALINOWSKI, 9 Pheasant Court, Mechanicsburg, PA 170554367
(1) You are directed to levy upon the property of the defendant (s)and to sell any and all property .
(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 gamishee(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 are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $11,429.32
L.L. $.50
Interest from 12/10/07 to 4/16/08 on $11,429.32 - $240.48
Atty's Comm % Due Prothy $2.00
Atty Paid $118.75
Plaintiff Paid
Other Costs
Date: 5/05/08
(Seal)
C R. Long, P ry
By:
Deputy
REQUESTING PARTY:
Name JOEL E. HAUSMAN, ESQUIRE
Address: APPLE AND APPLE, P.C.
4650 BAUM BOULEVARD
PITTSBURGH, PA 15213
Attorney for: PLAINTIFF
Telephone: 412-682-1466
Supreme Court ID No. 42096
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED, DUE TO BANKRUPTCY.
Sheriff s Costs: Advance Costs: 150.00
Sheriff s Costs: 73.95
Docketing $ 18.00 76.05
Poundage 1.45
Advertising
Law Library .50
Prothonotary 2.00 Refunded to Atty on 07/07/08
Milage 12.00
Surcharge 20.00
Levy 20.00
Post Pone Sale
Garnishee
Postage
TOTAL $ 73.95 ? l f l tr/n V ?,., So Answers;
R. Thomas Kline, Sheriff
0
By
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81 :E CJ 9- AVW 8001
?A183rlS °r1 _0 "Ij 6
OV
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,. ill 60E
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-5904 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMONWEALTH FINANCIAL SYSEMS, INC.,
assignee of UNIFUND CCR PARTNERS, assignee of PROVIDIAN CREDIT, Plaintiff (s)
From MATTHEW D. KALINOWSKI, 9 Pheasant Court, Mechanicsburg, PA 170554367
(1) You are directed to levy upon the property of the defendant (s)and to sell any and all property .
(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 garnishee(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 are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $11,429.32
L.L. $.50
Interest from 12/10/07 to 4/16/08 on $11,42932 - $240A8
Atty's Comm % Due Prothy $2.00
Atty Paid $118.75
Plaintiff Paid
Date: 5/05/08
(Seal)
REQUESTING PARTY:
Name JOEL E. HAUSMAN, ESQUIRE
Address: APPLE AND APPLE, P.C.
4650 BAUM BOULEVARD
PITTSBURGH, PA 15213
Attorney for: PLAINTIFF
Telephone: 412-682-1466
Supreme Court ID No. 420%
Other Costs
D
'2?? IE!?
Curtis R. Long, Pra
By:
Deputy
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA C'_
."M c
COMMONWEALTH FINANCIAL
SYSTEMS INC. cn
PLAINTIFF, Civil Action Law°
zo
Docket No. 2007-5904 co
VS. 1
MATTHEW D. KALINOWSKI,
DEFENDANT,
CD
mac:
C)
PRAECIPE TO ENTER APPEARANCE
To the Prothonotary:
Please enter my appearance on behalf of Defendant, Matthew D. Kalinowski, relative to
the aforementioned Proceeding.
Respectfully Submitted,
Date
GREGORY S. HAZLETT, ESQUIRE
7 Wep'Main Street
Mec anicsburg, PA. 17055
Phone: 717-790-5500
Attorney for Defendant
w
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
COMMONWEALTH FINANCIAL
SYSTEMS INC.
PLAINTIFF,
CASE NO. 2007-5904
VS. Civil Action Law
MATTHEW D. KALINOWSKI .
DEFENDANT,
rn m
te
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c:)
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co
PRAECIPE TO STRIKE JUDGMENT
TO THE PROTHONOTARY OF THE SAID COURT:
Please strike the aforementioned Judgment held against the above referenced defendant pursuant
to the attached Bankruptcy Order of Court
Date: Signatu
Print N
Addres
Mechanicsburg, PA. 17055
Attorney for: Defendant: Matthew D. Kalinowski
Telephone: 717-790-5500
Supreme Court ID No.: 69528
Ck-w yto?ly
?` a(o3? 30
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
MATTHEW D. KALINOWSKI
Debtor
MATTHEW D. KALINOWSKI
Movant
VS.:
COMMONWEALTH FINANCIAL
SYSTEMS INC.,
Respondent
CHAPTER 13
CASE NO.1-08-bk-02287
ORDER OF DEFAULT ON MOTION FOR LIEN AVOIDANCE
(1) It appearing to the court that no answer or other responsive pleadings having been filed in
the above proceeding to avoid lien and the time allowed for the filing of response pleadings as set
by the court having expired, the above matter is in default. All allegations of the movant/debtor are
held to be admitted and the court finds as a matter of fact that the Judgment Lien held by
COMMONWEALTH FINANCIAL SYSTEMS INC. Docket # 07-5904 held in the Court of
Common Pleas of Cumberland County, respondent/creditor is a lien which encumbers and
inteferes with debtor's exemptable assets.
(2) All of the property subject to the lien of the debtor, is in the possession of the debtor or the
debtor's family and is held primarily for the personal, family, and household use of the debtor.
(3) The existence of the respondent/creditor's lien on debtor's exemptible property impairs
exemptions to which the debtor is entitled under 11 USC §522(b).
It is hereby ordered, adjudged and decreed that the Judgment Lien of
COMMONWEALTH FINANCIAL SYSTEMS INC. Docket # 07-5904 filed in the Court of
Common Pleas of Cumberland County, held by respondenticreditor in the above-stated debtor's
exemptible assets be and hereby is AVOIDED AND STRICKEN.
By the Coln-t.
p . (RCP)
This docmment is electronically signed and)Ved on the same date.
Date: August 7, 2009
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