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HomeMy WebLinkAbout03-6450 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL CONSUMER DISCOUNT COMPANY, No.O.6' - G..'IS'C; Gu~L '-&"" Plaintiff, TYPE OF PLEADING: vs. Complaint JEFFREY E. GORMAN, TYPE OF CASE: Defendant. Civil Action FILED ON BEHALF OF: Plaintiffs Address: 2700 Sanders Road Prospect Heights, IL 60070 BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: Defendant's Address: 3478 SUllivan Street Mechanicsburg, P A 17050 CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 SCOTT E. CRAWFORD, ESQ. PA ID NO. 89570 MOLLICA & CHROMULAK Firm #952 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211-1205 (412) 381-7000 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY Plaintiff, CIVIL DIVISION Vs, No. JEFFREY E. GORMAN Defendant(s) 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 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, P A 17013 717-249-3166 OR 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. 0.3 - e(>~CT~ Plaintiff, vs. JEFFREY E. GORMAN, Defendant. COMPLAINT AND NOW COMES, the Plaintiff, BENEFICIAL CONSUMER DISCOUNT COMPANY, by its Attorneys, Mollica & Chromulak, with its Civil Action Complaint, the following of which is a statement thereof: 1. BENEFICIAL CONSUMER DISCOUNT COMPANY is a Corporation, duly authorized to conduct business in the Commonwealth of Pennsylvania, with its principal office situated at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff'. 2. JEFFREY E. GORMAN is an adult individual residing at 3478 SUllivan Street, Mechanicsburg, P A 17050. 3. On or about November 5, 2002, Defendant entered into a Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit A" and incorporated herein. 4. Pursuant to the Loan Agreement with Defendant, Plaintiff advanced funds to the Defendant. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 5. Defendant is in default under the terms and conditions of the aforementioned Loan Agreement for failing to make payments when due, with the last payment having been made on or about April 7, 2003. 6. Pursuant to the terms of the Loan Agreement, Plaintiff has the right to require payment of the entire amount owed upon default. The total amount due, including principal and interest, and owing by the Defendant is in the sum of Four Thousand, Four Hundred Fifty-Seven and 38/100 ($4,457.38) Dollars as of October 24,2003. 7. Numerous demands have been made upon Defendant by Plaintiff, but Defendant has failed or refused to pay. 8. Pursuant to the Loan Agreement, Plaintiff is entitled to recover costs of collection and reasonable attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of Four Thousand, Four Hundred Fifty-Seven and 38/100 ($4,457.38) Dollars, plus court costs and attorney's fees. Respectfully submitted, Mollica & Chromulak By: ~t.~cn.cS< CATHY ANN CHROMULAK, ESQ. PAID NO, 42067 SCOTT E. CRAWFORD, ESQ. PA ID NO. 89570 Attorneys for Plaintiff 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. LOAN REPAYMENT AND SECURITY AGREEMENT (Page I of 3) LENDER (called "We", "Us", "Our") BENEFICIAL CONSUMER OISCOUNT COMPANY 336B PAXTON STREET HARRISBURG PA 17111 BORROWERS (called "You", "Your") GORMAN, JEFFREY E SS# 207620424 347B SULLIVAN STREET MECHANICSBURG PA 17050 LOAN NO: 711736-557162 DATE OF LOAN 11105/2002 TOTAL OF PAYMENTS s 5,995.44 s 4. 2B6. 74 TOTAL FINANCE CHARGE SCKEDUtEIl INTERfST S 1 , 70B . 70 I LIFE INS PREMIUM DISABILITY INS PREMIUM 74.10 s REQUIRED INSURANCE. You must obtain iolluranoc tor term of loaD covering security for this loan as indicated bolow. , nam.ing us as Loss Payee: Title insurance on real cstato security. Fire and extended coverage insurance on real estete security. Physi~81 damage insurance on vehicle listod under "Soc:urity" above if "V" appears under "Insurod". Physical damage insurance on other property listed under "Security" above if .V" appears under "Insured". 03-01-00 NRE I~MI.IIIIIIIIII 11111II11 PAB75011 You may obtain any required i1lsurance from anyone you choose. (See "Security" paragraph above for description of security to be insured.) NOTICE: THE FOLLOWING PAGES CONTAIN ADDITIONAL CONTRACT TERMS. I EXHIBIT A ORIGIf>l'\l LOAN REPAYMENT AND SECURITY AGREEMENT (page 2 of 3) PAYMENT, In return for this loan, you will pay us the TOlal of Payments (the sum of Finance Charges plus Amount Financed), in monthly payments slated on page one, The Finance Charge is the total of Interest plus Service Charge. You may pay more at any time. You will pay us at our business address as stated on page one or other address given you. If more than one Borrower is named on page one, we may enforce this Agreement against all, or any, Borrowers, but not in a com bined amount greater than the amount owed. DATE ON WHICH FINANCE CHARGE BEGINS. Finance Charges begin on the date of disbursement. If this loan is made by mail, the date on which the Finance Charge begins is postponed by the number of days from the date of this Agreement to the date of disbursement. Payment due dates and effective date of any optional insurance purchased are also postponed. PAY -ours. You agree to pay-outs of Amount Financed as shown on Truth-In-Lending disclosure form. If pay-outs change because loan closing is delayed, (a) you shall pay additional amounts due at closing, or (b) your cash or check will be reduced to cover additional pay-outs. PREPAYMENT. If you fully pay before final payment due date, the amount you owe will be reduced by unearned Finance Charge (but not Service Charge) determined by the "Rule of 78ths", MA TURlTY. After the final payment due date slated on page one you will pay interest at the rate of 18% per year. SECURITY. You agree to give us a security interest in the property identified on page one, which will secure all indebtedness, including.ruture advances under this Agreement. LATE CHARGE. If you don't pay any payment in 10 days after it's due, you will also pay I 1/2% per month on the amount overdue (subject to a $1.00 minimum charge). BAD CHECK CHARGE. We will charge you a fee of $20 if any payment check is returned because of insufficient funds or is otherwise dishonored. You agree tbat we may deduct this charge from a monthly payment. FAILURE TO PAY, If you don't pay any payment on time or fail to keep any required insurance in force, (a) all your payments may become due at once and without notifying you before bringing suit, we may sue for the total amount you owe less any unearned Finance Charges you would receive if you fully prepaid, and (b) you will also pay our reasonable attorney fees, if the attorney is not our salaried employee, for legal proceedinga to collect this loan or realize on security. EXCHANGE OF INFORMATION. You understand that from time to time we may receive credit information concerning you from others, such as stores, other lenders, and credit reporting agencies. You authorize us to share any information, on a regular basis, we obtain related to your Account, including but not limited to credit reports and insurance information, with any of our affiliated corporations, subsidiaries or other third parties. The uses of this information may include an inquiry to determine if you qualify for additional offers of credit, You also authorize us to share any information regarding your Account with any of our affiliated corporations, subsidiaries or other third parties. You may prohibit the sharing of such information (except for the sharing of information about transactions or experiences between us and you) by sending a written request which contains your full name, Social Security Number and Address to us at P.O_ BOI 1547. Chesapeake, V A 23320. If you fail to fuIrill the terms of your credit obligation, a negative report reflecting on your credit record may be submitted to a Credit Reporting Agency. You agree that the Department of Motor Vehicles (or your state's equivalent of such department) may release your residence address to us, should it become necessary to locate you. You agree that our supervisory personnel may listen to telephone calls between you and our represenlati ves in order to eval uate the quali ty of our service to you. INSURANCE. Optional credit insurance and any required insurance disclosures are attached to this Agreement and are incorporated herein by reference. ALTERNATIVE DISP1.JrE RESOLUTION AND OTHER RIDERS. The terms of the Arbitration Agreement and any other Riders signed as part of this loan transaction are incorporated into this Agreement by reference. APPLICABLE LAW. The Pennsylvania Consumer Discount Company Act (COCA), Title 7, Purdon's Pennsylvania Statutes, governs this loan. NOTICE: THE FOLLOWING PAGE CONTAINS ADDITIONAL CONTRACT TERMS. 03-01-00 NRE PA875D12 1IIIIIIIIIIImllllllllll.IDml~II.II' MG25176AFFJ98CEA900OPAB750120MNGORMAN . ORIGrNAL D4fed: --- ~f"l.-J T,-.o>,. J 4S ,.."., . ," ........ 03-01-00 NIlE LOAN REPAYMENT AND SECURITY AGREEMENT (Page 3 of 3) YOU HAVE RECEIVED A COMPLETE COpy OF TIDS AGREEMENT AND THE TRUTH-. -LENDING DISCLOSURES. (SEAL) (SEAL) (SEAL) IIIIIIIIIIIIIIIIII~I.IIIIII~!!, *G2S116AffJ9SCEA9nonpA81so130K<GOIIIAN f(c;'r"or ',-.,., TO..... '''J *" rnrl'/1 ~ . t:b *" ;--1,/ ~ U) !f1 _ _ CI1 ~ ~ CY ~~~ {J ~ .~ lOP *-~ q c; C> , . c_ ~. ~~ ~ -v , n\\ "Z t~ '- { Z (J,; '" \ '" _/ ' "' ~-;'~ ./'- ~,--:, -~c" ..-,;" y.~-- '-?? .-..\ .,,- > :2. J1 ..,.. -"'-. - LOAN REPAYMENT AND SECURITY AGREEMENT (Page I of 3) LENDER (called "We", "Us", "Our") BENEFICIAL CONSUMER OISCOUNT COMPANY 336B PAXTON STREET HARRISBURG PA 17111 BORROWERS (called "You", "Your") GORMAN, JEFFREY E SS# 207620424 3478 SULLIVAN STREET MECHANICSBURG PA 17050 LOAN NO: 711736-557162 DATE OF LDAN FIRST P~YMf~ DUE DATE I . 12/05/2002 AMOUNT FINANtED 11105/2002 TOTAL OF PAYMENTS I 5,995.44 .J 4.286.74 TOTAL fINANCE CHARGE SCHEDULEII INTEREST . 1 , 70B . 70 I 1 , 708 . 70 LIFE INS PREMIUM DISABILITY INS PREMIUM 74.10 . 213.44 REQUIRBD INSURANCE. You must obtain. io.:!Iuranco for term of loal1 covering security for this loan as indicated below. , .naming us as Loss Payee: Title insurance on real estate security. Fire and extended coverage insurance Oll real estate security. Physi~al damage insurance on vehicle Listed under .Soc:urity" above if "V" appears under "Insured". Physical damage inlurance OD other property listed under "Security" above if "Y" appens under "Insured", 03-01-00 NRE mlllllllllllll PAB75011 You may obtain any required in.surancc from anyono you choose. (See "Security" paragreph eoo.,o for descriptioll of scounty 'to be insurod.) NOTICE: THE FOLLOWING PAGES CONTAIN ADDITIONAL CONTRACT TERMS. I EXHIBIT A ORIGI"'l ,. LOAN REPAYMENT AND SECURITY AGREEMENT (Page 2 of 3) PAYMENT. In return for this loan, you will pay us tbe Total of Payments (the sum of Finance Charges plus Amount Financed), in monthly payments stated on page one. The Finance Charge is the total of Interest plus Service Charge. You may pay more at any time. You will pay us at our business address as stated on page one or other address given you. If more than one Borrower is named on page one, we may enforce this Agreement against all, or any, Borrowers, but not in a com bined amount greater than the amount owed. DATE ON WHICH FINANCE CHARGE BEGINS. Finance Charges begin on the date of disbursement. If this loan is made by mail, the date on which the Finance Charge begins is postponed by the number of days from the date of this Agreement to the date of disbursement. Payment due dates and effective date of any optional insurance purchased are also postponed. PAY-QUTS. You agree to pay-outs of Amount Financed as shown on Truth-In-Lending disclosure form. If pay-outs change because loan closing is delayed, (a) you shall pay additional amounts due at closing, or (b) your cash or check will be reduced to COVeT additional pay-outs. PREPAYMENT. If you fully pay before final payment due date, the amount you owe will be reduced by unearned Finance Charge (but not Service Charge) determined by the "Rule of 78ths". MATURITY. AfteT the final payment due date stated on page one you will pay interest at the rate of 18% per year, SECURITY. You agree to give us a security interest in the property identified on page one, which will secure all indebtedness, including future advances under this Agreement. LATE CHARGE. If you don't pay any payment in 10 days after it's due, you will also pay I 1/2% per month on the amount oVeTdue (subject to a $1.00 minimum charge). BAD CHECK CHARGE. We will charge you a fee of $20 if any payment check is returned because of insufficient funds or is otheTwise dishonored. You agree that we may deduct this charge from a monthly payment. FAILURE TO PAY. If you don't pay any payment on time or fail to keep any required insurance in force, (a) all your paymenta may become due at once and without notifying you before bringing suit, we may sue for the total amount you owe less any unearned Finance Charges you would receive if you fully prepaid, and (b) you will also pay our reasonable attorney fees, if the attorney is not our salaried employee, for legal proceedings to collect this loan or realize on security. EXCHANGE OF INFORMATION. You understand that from time to time we may receive credit information concerning you from others, such as stores, other lenders, and credit reporting agencies. You authorize us to share any information, on a regular basis, we obtain related to your Account, including but not limited to credit reports and insurance information, with any of our affiliated corporations, subsidiaries or other third parties. The uses of this information may include an inquiry to determine if you qualify for additional offers of credit, You also authorize us to share any information regarding your Account with any of our affiliated corporations, subsidiaries or other third parties. You may prohibittbe sharing of such information (except for the sharing of information about transactions or experiences between us and you) by sending a written request which contains your full name, Social Security Number and Address to us at P.O. Box 1547, Chesapeake, V A 23320. If you fail to fulfill tbe teTms of your credit obligation, a negative report reflecting on your credit record may be submitted to a Credit Reporting Agency. You agree that the Department of Motor Vehicles (or your state's equivalent of such department) may release your residence address to us, should it become necessary to locate you. You agree that our supervisory personnel may listen to telephone calls between you and our representatives in order to evaluate the quality of our service to you. INSURANCE. Optional credit insurance and any required insurance disclosures are attached to this Agreement and are incorporated herein by reference. ALTERNATIVE DISPUTE RESOLUTION AND OTHER RIDERS. The terms of the Arbitration Agreement and any other Riders signed as part of this loan transaction are incorporated into this Agreement by reference. APPLICABLE LAW. The Pennsylvania Consumer Discount Company Act (COCA), Title 7, Purdon's Pennsylvania Statutes, governs this loan. NOTICE: THE FOLLOWING PAGE CONTAINS ADDITIONAL CONTRACT TERMS. 03-01-00 NRE PAB75012 1llIIllllllJlllllllmllmlllllllllllmlmlllll~11 ' MG25776AFFJ9SCEA900OPAB75D120MMGORMAN . OR I GlNA.l 03-01-00 NRE LOAN REPAYMENT AND SECURITY AGREEMENT (Page 3 of 3) YOU HAVE RECEIVED A COMPLETE COPY OF THIS AGREEMENT AND THE TRUTH- -LENDING DISCLOSURES, ~. IIIIIIIIIIIIIIIIIIIIIIEIIIIIII!I "G25776AFFJ98CEA9000PAB750130""GORMAN " ORIGINAL (SEAL) (SEAL) (SEAL) PAB7601! i:'0'3~l:Id 06>:8.<.>:0:.8 0>::60 0:0. 0:<:' d35 l!EP 23 2003 10' 13 FR MOLLICA AND MlRRl'lV 412381'1111 TO SS1041!llil1ile0llS9181 P.lil2/1lI2 'VP.RlPI~ nON I, Ansela Davis. Sr. Clerk for llF:NK\"Tr.TAT. r.olj~TT1'IRR nT~r.01JNT COMPANY, A HOUSEHOLD INTERNATIONAL COMPANY verlf)! that the facts set forth In the foregoing Complaint arc true and correct to the best of my knowledge, infonnation and belief, and that I am authorized to verify suoh Complaint on behalf of BENE""ICIAL I un40ntand that faille statements herein are lJllIdc: subjc:ot to the penalties at 18 Pa. C.S. 4904 relaliag CO UlISWotn falsification to aWIorities. t?~O~ Angc:1aDavis Dated: 12-9-2003 "'* TnTi'll ~.t:\;> ** 7""".J T~.7T ~f"1~7 ~7 M~~ f"u::roT Jrf"TO' '11:1.1 "uu 0 c;:- C~ N r.J ~ C~ ;->"' .., #- 'i CI) vi ,',' n1!: ) !J1 7" . g Z - CI) i"-' ......... '-. C/} -<-- ,) r~ ,-~ ~ .-',- ~., . ~ ()' ;,i>- --... L,'- V) ~ )>C' :J.) C~ ...c:: ~ "' r- j] -.() :.< .<-- -< (J .~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-06450 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS GOR~ JEFFREY E GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GOR~ JEFFREY E the DEFENDANT , at 2035:00 HOURS, on the 17th day of December_, 2003 at 3478 SULLIVAN STREET MECHANICSBURG, PA 17050 by handing to KELLY GOR~, WIFE 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 Service Affidavit Surcharge So Answers: 18.00 8.97 .00 10.00 .00 36.97 ~~~_./~~ I R. Thomas Kline 12/18/2003 MOLLICA & MURRAY Sworn and Subscribed to before BY:A~ /J~-:.k: Deputy- Sh~-ff me this 112 day of C 2..___ 7~:v""T) clUJ} 'f A . D . { )~.'-'- {J, ~# ~:r'othonotary , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION Plaintiff, No. 03-6450 Civil Term Ys. TYPE OF PLEADING: JEFFREY E. GORMAN, Praecipe for Entry and Withdrawal of Appearances Defendant. TYPE OF CASE: Civil Action FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ill NO. 42067 MAUREEN A. DOWD, ESQ. PA ill NO. 90549 SCOTT E. CRAWFORD, ESQ. P A ill NO. 89570 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNNSYL VANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. 03-6450 Civil Term Plaintiff, Vs. JEFFREY E. GORMAN, Defendant. PRAECIPE FOR ENTRY AND WITHDRAWAL OF APPEARANCES TO PROTHONOTARY: Please enter our appearance on behalf of Plaintiff, BENEFICIAL CONSUMER DISCOUNT COMPANY. Please withdraw the appearance of Mollica & Chromulak as counsel for BENEFICIAL CONSUMER DISCOUNT COMPANY. ~~ CATHY ANN CHROMULAK, ESQUIRE MAUREEN A. DOWD, ESQUIRE SCOTT E. CRAWFORD, ESQUIRE MOLLICA & CHROMULAK 450 Trimont Plaza 1305 Grandview Avenue Pitttsburgh, PA 15211 (412) 390-7000 CERTIFICATE OF SERVICE I, Scott E. Crawford, Esquire, counsel for BENEFICIAL CONSUMER DISCOUNT COMPANY, hereby certify that a true and correct copy of the foregoing Praecipe for Appearance served upon the following by First Class Mail, postage prepaid on this ~ day of J(1)-A~ ,2004: JEFFREY E. GORMAN 3478 SULLIVAN STREET MECHAN1CSBURG, PA 17050 ~. (") C. --:- f'-.,) = =, ...;,;.- '- ";.,. "" N f'..1 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION Plaintiff, No. 03-6450 - Civil Term vs. TYPE OF PLEADING: JEFFREY E. GORMAN, Praecipe for Default Judgment Defendant. TYPE OF CASE: Civil Action FILED ON BEHALF OF: Plaintiffs Address: 2700 Sanders Road Prospect Heights, IL 60070 BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: Defendant's Address: 3478 SULLIVAN STREET MECHANICSBURG, P A 17050 CATHY ANN CHROMULAK, ESQ. P A ill NO. 42067 MAUREEN A. DOWD, ESQ. PA ill NO. 90549 SCOTT E. CRAWFORD, ESQ. P A ill NO. 89570 CHROMULAK & ASSOCIATES 375 Southpointe Blvd., 4th Floor Canonsburg, P A 15317 Dated: January 20, 2004 (724) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. TO: PROTHONOTARY Please enter judgment by default against the within-named defendant, JEFFREY E. GORMAN, for failure to file an Answer as follows: Amount claimed in Complaint: $4,457.38 Interest from 10/25/03 through 1/20/04: -0- Costs of Collection through 1/20/04: 501.47 TOTAL $4,958.85 With interest accruing on the total balance of $4,958.85 at the rate of 6% per annum, together with additional costs of suit. ~ A ^ II BY~~ CATHY ANN CHROMULAK, ESQUIRE MAUREEN A. DOWD, ESQUIRE SCOTT E, CRAWFORD, ESQUIRE Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATION OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) ) SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said County and State, personally appeared SCOTT E. CRAWFORD, ESQUIRE, attorney for and authorized representative ofp laintiffwho, being duly sworn according to 1 aw, deposes and says that the defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed to defendant on JANUARY 7, 2004 by cert~fic() of mailing in accordance with Pa.R.C.P. 237.1, as evidenced by th~O~y,~. OrY CATHY ANN~LULAK, ESQUIRE MAUREEN A. DOWD, ESQUIRE SCOTT E. CRAWFORD, ESQUIRE Sworn to and subscribed before me This Iqth day of~~ ,2004. '--&,~.~~ ~ l Notary Public '-_'"~n~_..__~~ THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. " Notarial Sea! ' Yvonn~ Gardner Jones Notary Public /' PltlSburqh. Alleqh''''y County I, My CommIssIon Exp~= _~.;:~!=~.~?05 Member, Pennsylvama A.-;'-;;xr;~ti,},,')1 r'.'J!ar;;:; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY Plaintiff, CIVIL DIVISION Vs. No. 03-6450 CIVIL TERM JEFFREY E. GORMAN Defendant(s) TO: JEFFREY E. GORMAN 3478 SULLIVAN STREET MECHANICSBURG, P A 17050 DATE OF NOTICE: JANUARY 7, 2004 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 LffiERTY AVENUE CARLISLE, PA 17013 717-249-3166 or 800-990-9108 By: ,Cj~.e1k~abl CATHY ANN CHROMULAK, ESQ. SCOTT E. CRAWFORD, ESQ. Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 TillS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. <il ." ~ .. !I ~ .:-' ~.~ <11 &i ~c ",3 0:; IS. " ~. i ~ ... . 2 ~ i, .... :0-1 . '..' a a ~" ~[i -0 a . , " #~ --~~2 i :HI'l9S~ !~ ! III . " ~ ." I .. -i ~ 1 ~!!li~P 5l !Illn~;r' ~ if~ iiH Hira-H- ;:i;;d..h. !! ~ n~[! di~~g~ a.~~.!l..H Illl~s.g ~~ .~.. lil~3~t~ . Hf,; [ g~t ;t-. i~"i~J !~ 'Ii l@h.! i[i iU nfi'~! 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U"":,I!';:',;:::::::\I t ", '1Iii,l!'ln u I'U ~,(~, ;, i I, )j,l: I I... C:J 0\ ':r:'i'l,j!,":!:i;':;::;~ .~ (:::') l;:';> I li):,',:',:~ .;..:>. "j'.:" ,t', 'I,,:'ii:'d! (';"]::J(J~ ~ii~6 ~-: '-- 0 J:::: - \'" -... - ) ...:t l> O-V ~ ~ w ~ ~ ~ r-\ r-...) t..' ,.- \..:: -;1 .; ~ r,,~ :., i-' .1.'.- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. 03-6450-CIVIL TERM Plaintiff, vs. TYPE OF PLEADING: JEFFREY E. GORMAN, PRAECIPE FOR A WRIT OF EXECUTION Defendant, and FILED ON BEHALF OF: MEMBERS 1ST FEDERAL CREDIT UNION, BENEFICIAL CONSUMER DISCOUNT COMPANY Garnishee. COUNSEL OF RECORD: Plaintiffs Address: 2700 Sanders Road Prospect Heights, IL 60070 CATHY ANN CHROMULAK, ESQ. PA ill NO. 42067 MAUREEN A. DOWD, ESQ. PA ill NO. 90549 SCOTT E. CRAWFORD, ESQ. P A ill NO. 89570 Defendant's Address: 3478 SULLIVAN STREET MECHANICSBURG, P A 17050 CHROMULAK & ASSOCIATES, L.L.C. Garnishee's Address: 1000 BRYN MAWR ROAD CARLISLE, PA 17013 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 Date: February 16, 2004 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. 03-6450-CIVIL TERM Plaintiff, vs. JEFFREY E. GORMAN, Defendant, and MEMBERS 1ST FEDERAL CREDIT UNION, Garnishee. PRAECIPE FOR WRIT OF EXECUTION TO: The Prothonotary Please issue a Writ of Execution in the above matter, I. directed to the Sheriff of CUMBERLAND County; 2. against JEFFREY E. GORMAN, defendant, and 3. against MEMBERS 1ST FEDERAL CREDIT UNION, garnishee, 4. and index this writ a. against JEFFREY E. GORMAN, defendant, and b. against MEMBERS 1ST FEDERAL CREDIT UNION, garnishee, and any property ofthe defendant in the name of Gamishee: Said Writ of Execution is pursuant to all monies due defendant in anv accounts, individual and ioint, personal and business. 5. Amount of Judgment Additional Interest to Date (Costs to be added) $4,958.85 $ 19.84 $ Pursuant to Writ of Execution And Service of Writ $4,978.69 ~[,WJ SCOTT E. CRAWFORD, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. s ~ D ~ ~1 ~-G<;t -- () g r-~ l' '- (\,-... ..J:: ~ ?<:v ~ ~ l r - t-' kf l r ...(Q, "- ;; ~ -.0 "1 ~ () I , , "Ig.. o w -- -0 en () ,"1 . 1I1.{) () 8 0 -: 0 " :U , ,=fF ~ -:~ r""~ C'1 - ". .-~, (-., "" S-:-l:~ " : ~~~ -," ::;:-~ .-, T-;, ;~-:..- ;',) c-: ..., -... - ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-6450 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff (s) From JEFFREY E. GORMAN, 3478 SULLIVAN STREET, MECHANICSBURG, P A 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of MEMBERS 1ST FEDERAL CREDIT UNION, 1000 BRYN MAWR ROAD, CARLISLE, P A 17013 - ALL MONIES DUE DEFENDANT IN ANY ACCOUNTS, INDIVIDUAL AND JOINT, PERSONAL AND BUSINESS, GARN1SHEE(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 $4,958.85 Interest $19.84 L. L. $.50 Atty's Comm % Due Prothy $1.00 Other Costs Atty Paid $118.97 Plaintiff Paid Date: FEBRUARY 20, 2004 CURTIS R. LONG (Seal) Prothonoty, r Cyn -..!lx: ~~ J , coz,u r,) Deputy REQUESTING PARTY: Name SCOTT E, CRAWFORD, ESQUIRE Address: CHROMULAK & ASSOCIATES, L.L.C. 375 SOUTHPOINTE BOULEVARD 4TH FLOOR CANONSBURG, PA 15317 Attorney for: PLAINTIFF Telephone: 724-916-2400 Supreme Court 1D No. 89570 SHERIFF'S RETURN - GARNISHEE CASE NO: 2003-06450 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS GOR~ JEFFREY E And now RICHARD SMITH ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0008:40 Hours, on the 27th day of February, 2004, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT GOR~ JEFFREY E in the hands, possession, or control of the within named Garnishee MEMBERS 1ST FEDERAL CREDIT UNION WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to LU~ KYLE (ASST. ~AGER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge So ar~~~ R. Thomas Kline Sheriff of Cumberland County .00 .00 .00 .00 .00 .00 00/00/0000 Sworn and subscribed to before me this 'i ~ day of ~ d-H>g..... A.D. . Q~ Prot ~ry , # By /k~. ~ Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-06462 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TEJCH~ ROBERTA VS MILLER JOHN JR JODY SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon MILLER JOHN JR the DEFENDANT , at 1455:00 HOURS, on the 3rd day of March , 2004 at D J CORREAL'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, FA 17013 by handing to JOHN MILLER a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 .00 .00 10.00 .00 28.00 So Answers: r~~ R. Thomas Kline 00/00/0000 LS Sworn and Subscribed to before By: LloJ.w S, ~ Dep~ty Sheriff me this ~I;!;: day of ~ :LbO'f A.D. fl. ({,(L- Q. )v,....;I", JL.,;". '---fL',prothonotary '~T'7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, vs. JEFFREY E. GORMAN, and Plaintiff, Defendant, MEMBERS FIRST FEDERAL CREDIT UNION, Plaintiffs Address: 2700 Sanders Road Prospect Heights, IL 60070 Garnishee. CIVIL DIVISION No. 03-6450-CIVIL TERM TYPE OI~ PLEADING: () c: <~ -r)rG C~}C! Praecipe to Settle and 7 ,__ Discontinue Against Garnisheef:5:; . ONLY ~= .T~ .--. ~'(~.- ;'-'; :;:. S2; TYPE OF CASE: :::-.:i .-( Civil Action FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORI>: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MAUREEN A. DOWD, ESQ. PA ID NO. 90549 SCOTT E. eRA WFORI>, ESQ. PA ID NO. 89570 CHROMUI,AK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg,PA 15317 (724) 916-2400 G THIS IS AN ATTEMPT TO C:OLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. :;; 0 ~ " :r::!] rn r-- -orn :09 9J9 .J_ -H Qo 6tn --.\ -",. '~'f~l :.< :x ,~ ;;0 w -0 ::I: r:? IN THE COURT OF COMMON PLEAS OF CUMBERLANI[) COUNTY, PENNSYL VANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, CIVIL DIVISION No. 03-6450-CIVIL TERM vs. JEFFREY E. GORMAN, and Defendant, MEMBERS FIRST FEDERAL CREDIT UNION, Garnishee. TO PROTHONOTARY: PRAECIPE TO SETTLE ANI[) DISCONTINUE AGAINST GARNISHEE ONLY Please settle and discontinue this action against the abov,~ garnishee, MEMBERS FIRST FEDERAL CREDIT UNION and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By:~~JJ"f( CATHY ANN CHROMULAK, ESQUIRE SCOTT E. CRA WlIfORD, ESQUIRE Attomeys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 Sworn to and subscribed Before me this o?9~ day of'--Jn...... -<,.h , 2004. ~h~~~ G THIS IS AN ATTEMPT TO C:OLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CERTIFICATE OF SERVICE I, Scott E. Crawford, Esquire, counsel for BENEFICIAL CONSUMER DISCOUNT COMPANY, hereby certifY that a true and correct copy of the foregoing Praecipe to Settle and Discontinue Against Garnishee Only was served upon the following by First Class Mail, postage prepaid on this 2eth day of March, 2004. ~ MEMBERS FIRST FEDERAL CREDIT UNION 1000 BRYN MAWR ROAD CARLISLE, P A 17013 JEFFREY E. GORMAN 3478 SULLIVAN STREET MECHANICSBURG, P A 17050 ~~~ Scott E. Crawford, Esq. Dated: March)(l", 2004 'Z1I GTHIS IS AN ATTEMPT TO C'OLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. () c ;;""" \:1;';'1 [(If'r:' " ~~r.:; v:> i,~~~ r.: ,";:r" S:~: ~ . ....., = = ..,.. :x ):0> ;;0 c..) o -n -l fflFl -ae;J i36 ~=-H go (5r11 :;~ :.0 -< -u :x N IN TlIE COURT O. CO_ON PLEAS o. CUMBERLAND COUNTY. m<NSYLY ANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, CIVIL nIVISION No. 03_6450-ClVIL TERM vs. lYPE OF PLEADING: Praecipe to Satisfy Judgment JEFFREY E. GORMAN, Defendant. TYPJI!: OF CASE: --- Civil Action FILED ON BEHALF OF: ~ Plaintiffs Address: 2700 Sanders Road Prospect Heights, IL 60070 BENEFICIAL CONSUMER DISCOUNT COMPANY gJUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA lD NO. 42067 SCOTT E. CRAWFORD, ESQ. PAlDNO.89570 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg, P A 15317 (724) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INfORMATION OBTAINED WILL BE USED fOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLANI> COUNTY, PENNSYL VANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, CIVIL DIVISION No. 03-6450-CIVIL TERM vs. JEFFREY E. GORMAN, Defendant. PRAECIPE TO SATISFY JUDGMENT TO PROTHONOTARY: Please satisfY the judgment against JEFFREY E. GORN[AN, at No. 03-6450-CIVIL TERM, and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. BY:H9tA(~~ CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 SCOTT E. CRAWFORD, ESQUIRE PA ID NO. 89570 Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 Sworn to and subscribed Before me this of day ,2003. Notary Public G THIS IS AN ATTEMPT TO li:OLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CERTIFICATE OF SERVICE I, Scott E. Crawford, Esquire, counsel for BENEFICIAL CONSUMER DISCOUNT COMPANY, hereby certifY that a true and correct copy of the foregoing Praecipe to SatisfY Judgment was served upon the following by First Class Mail, postage prepaid on this 4<lth day of (.4Y\ March, 2003. JEFFREY E. GORMAN 3478 BRYN MAWR ROAD MECHANICSBURG, PA 17050 ~;~q G THIS IS AN ATTEMPT TO (:OLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. o ~ -rS- .JG." fTlno", -::;.,,-' :2[: ~'~ ;~;':- r-:i=: .-~. :1?;r ~C; _Pc::' ...;. ~ ,.... = <:> ..,.. ::lI: ". :;;0 W -0 ::E: r:-? ~ .,. :I!::n me- -arn .~ ~~ C"J ., 7(") 6fTl ;::! :u -< . . ~..\ I' . ,,; " 'I', R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee TOTAL 18.00 1.64 Advance Costs: 150.00 Sheriffs Costs: 83.59 66.41 .50 1.00 3.45 Refunded to Atty on 02/28/05 30.00 20.00 9.00 83.59 Sworn and Subscribed to before me So Answers; this~dayof~ 200SA.D. f..J.:,~ p thonotary ~e;<. .~ .~ ~ R. Thomas Kline, Sheriff By eJWI ~O .1> - ! ') ,}}r;~\ ',,',.., . .'i' (-'~ /;' -',~~j,>~. "..~ ~tJ ;, '..' ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-6450 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff (s) From JEFFREY E. GORMAN, 3478 SULLIVAN STREET, MECHANICSBURG, P A 17050 (1) You are directed to levy upon the property ofthe defendant (s)and to sell . (2) You are also directed to attach the property ofthe defendant(s) not levied upon in the possession of MEMBERS 1ST FEDERAL CREDIT UNION, 1000 BRYN MAWR ROAD, CARLISLE, PA 17013 - ALL MONIES DUE DEFENDANT IN ANY ACCOUNTS, INDIVIDUAL AND JOINT, PERSONAL AND BUSINESS. 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) Ifproperty 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 hirnlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,958.85 Interest $19.84 Atty's Comm % Atty Paid $118.97 Plaintiff Paid Date: FEBRUARY 20, 2004 LL $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) '- ::~.thono~ IJ _ ~ ~. @_~'" P 7pO?/l/Y' r Deputy REQUESTING PARTY: Name SCOTT E. CRAWFORD, ESQUIRE Address: CHROMULAK & ASSOCIATES, L.L.C. 375 SOUTHPOINTE BOULEVARD 4TH FLOOR CANONSBURG, PA 15317 Attorney for: PLAINTIFF Telephone: 724-916-2400 Supreme Court ID No. 89570