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HomeMy WebLinkAbout08-1620A BELCO COMMUNITY CREDIT UNION Plaintiff MICHAEL A. NICHOLS Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 08- 16x0 Civi I Ter. CIVIL ACTION - LAW N O T I C E 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. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 N 0 T I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisadc que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 BELCO COMMUNITY CREDIT UNION Plaintiff MICHAEL A. NICHOLS Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT 1. Plaintiff is Belco Federal Credit Union, hereinafter referred to as "BELCO", a Pennsylvania Corporation with an office at 449 Eisenhower Blvd., Harrisburg, Dauphin County, Pennsylvania 17111. 2. Michael A. Nichols, a Defendant, is an adult individual with an address at 319 Rosemont Avenue, Cumberland County, Pennsylvania 17070. 3. Defendant applied for a L14 Visa Loan from Plaintiff pursuant to the Application dated August 24, 1987 which is available but not attached because it contains social security numbers and other personal information. 4. Defendant's delinquent balance on the account is $7463.37. 5. Because of Defendant's failure to make monthly payments and in accordance with the standard Security Agreement, a copy which is attached hereto, marked Exhibit "A" and made part hereof, Defendant owes an attorney commission of $1119.50 for a total of $8,582.87. 6. Defendant has failed and refused to bring his account current. 7. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff requests entry of judgment against Defendant in the amount of $8,582.87 together with costs of suit thereon. Date : 3 14 ' 0 Respectfully, Submitted, Arthur M. Feld, Esquire Attorney I.D. No. 07172 1309 Bridge Street New Cumberland, PA 17070 (117)770-0292 VERIFICATION de ?Ur we states subject to the penalties of 18 Pa C.S'.Section 4904 relating to unsworn falsification to authorities, that he/she is the b for the Plaintiff in / S-- WValt " this matter, that he/she is authorized to make this affidavit on its behalf and that the facts set forth in the foregoing pleading is true and correct to the best of his/her knowledge, information and belief. JC\+V IS! 1 T #kUT]G6IYICIV 1 :.- -, '.. . • , : " mean the credit union whose i " 1 _ - _.. ;' - do so and to deliver the policy or proof of cove, age to he cre r u or if as{ c to on credit un In this agreement all references to name appears on this agreement and anyone to whom the credit union assigns the '' " If you cancel your insurance and geta refundthe dyed 1 union has a rig o the creellt union can use the e ma or d mean the advance ' the LOANLINER° Credit Agreement. All references to the box labeled "New Balance". All references to "you" mean each . t i , g a the refund. If tfie property. is last insurance settlement to repair the property or apply it towards what you ovJe. l n amoun person who signs this agreement. ' e You authorize the credit union to indorse any draft or check which may be payab ndor benefits due under f ec o THE SECURITY FOR THE LOAN - By signing this security agreement in the u t any re ll to yotr in order for the credit union toc signature area or under the statement referring to this agreement which is on you give the'.credit.union receive for the advance k h your insurance policy. If-you-do not pay the taxes or flees on the property when due or keep itinsured, , you ec the. back of. the c what is known as a secuTity.,interest in the property' d 'scribed in the "Security the credit union may pay these obligations, but is not required to co so. Any will be added to i Offered" section. The 'security interest you, give. includes all accessions. installed in the property now are attached to or hich nsurance money the credit union spends for taxes, fees or aid balance of the advance and you will pay interest on those amounts the un . , Accessions are things, w The security interest also includes any replacements for the or in the future p at the same rate you agreed to pay on the advance. It the credit union adds . property which you buy within 10 days of the advance or any extensions, renewals f amounts for taxes,. fees, or insurance to the. unpaid balance of your advance, ecessary fbr the advance t rom or refinancing of the advance.. It also includes any.money you receive n your payments may be increased by the amoun selling the property or from insurance you have on the property: if the value to be paid off in the same number of months originally scheduled, of the property, declines, you promise to give the credit union more. property DEFAULT -You will be in default if you break any promise you make under as security a asked to do so. ' this agreement: You will also be, in default if yoll are in r{Ptatllt under the secures the iFdHA7 THE SECURITY INTEREST COVERS -The security interest , OANLINERl' CrI Agreement. if you are pledging property, t•i thave not signed default i l renewals of refinancings of the advance. It also dvance and any extensions n , be in default I anyone is the LOAI INEI ^' Credit Agreement, you wil , a secures any other advances you have now or receive in-the future under the who has signed the LOANLINER? Credit Agreement. LOANLINERP Credit Agreement and any other amounts you owe the credit union tion is marked with cri d WHAT I4APPENS IF YOU ARE IN DEFAULT - When you are in default, the t p es for any reason now or in the future. If the property as defined by the Credit d ld credit union can, without advance notice to you, require immediate paymen i s ;foo two stars(..), or the property L; househo the property will secure only the advance and not other amounts Practice Rule on and possess e. under cf he prtlpert 9 be the credtt uniontlhasgthentight to take possession , you owe. - t y o of the property without going to court and without. giving you advance notice. OWNERSHIP OF THE PROPERTY -You promise that you own the property, If you are asked to do so by the credit union, you promise to deliver the property i or if this advance is to buy the property, you promise you will use the advance in or claim ne 'else has any interest t no h i ne credit union will not be at a time and place the credit union chooses. T not covered by this agreement, that our other property of r an f ibl . o a se t for that purpose. You prem that you have not already told the credit union about: You ert t , y y o e respons ou leave inside the property. The credit union will try to return that propertv y he prop against t to sell or lease the property or to use it as security for a loan with i y to you or make t a?a labre for you to claim. se no prom another creditor until the advance Is repaid. You promise you will allow no security i fter the credit union. I:as possession of the property, it can sell it and apply !' on interest or lien to attach to the property cith ra by Your actions or by operat a the money received to any amounts you owe the credit union:. The credit union . df law. will give you notice of any public sale or or the the date after which a private sale PROTECTING THE SECURITY. INTEREST - It your .state issues a title for the will be held. The expenses of the credit u taking possession of and selling expenses o t n-for you promise to have the credit union's security interest shown on property received from the sale. Those deducted r the'm the property will be , the. The credit union may have to file what is coiled a financing statement costs may include the cost of storing the property, preparing it for sale and 506(b) ' to protect its security interest from the claims of others. if as;<ed to do so, attorney's fees to the extent permitted under state law or awarded under § you promise to Sign a financing siaternert. `*eu also promise to do whatev :r ,;f the Bankrdi:ltuy Code. The rest of the sale money wiii be applied to what 8l;",r, the credit pion thinks is necessary o protect its security IliiefeSf III the you owe under the, i_OANLiNER Credit Agreement. prppe!TV. if you I'2Ye agreed to pa'y' the advance; you WIII also have to pay any amount cif, you promise you Yo u, e has bee" l n - Until USE i , t remains unpaid after the sale money-has been applied to the unpaid balance ie and k fur ) Use the pr wtitr6in ( 21 ( Use the property carefully and peep of in good cedar. I will of the advance and to what you owe under this agreement. You agree to pay . permission Iron the cicd:i -n wr ueird making muI I rlr noes to;the.property nterest on that amount at the same rate as the advarce until that amount has (3) Ir T01n, the credit union in hti g before changing yuu acdr+,s or the address been paid. where the property is kept. ({) Alton the credit union Io Inspect the ,t900y b OELAY IId ENFORCING MGHTS AND CHANGES IN THE AGREEMENT = The ,.45eQ (5) Promptly notify the credi U;nun Ii the property is dun!ageu, 6lulu, or a credit union can delrtv enforcing any of its rights under this agreement any number (6) Not use the property for d iy unlawful purpose. f ,J time without losing the ability to exercise its rights later. The credit union PROPERTY INSURANCE , iAiS AND FEES - YOU pruu +: a pay aila ies city; enforce this agreement against your heirs or legal representatives. If the like registration fees) due on the property and to keep the ptvperty and fees ( r etiit union changes the terms of the 0ANLINER11' Credit Agreement, you agree , insured against loss and damage. The>amount'and coverage of the property t . , •.hat his agreement will continue to protect the credit. union. y insurance must be acceptobie to the credit union. You may provide the proper nd t CONTINUED FFFECTI ENESS - If any part of this agreement is determined a insura ice through a poli::y you already have, o; tiIIn; gh a p,Acy yol tes payable tc the credit unidr• ol c ce a i h by a court to be unenforceable, the ct wf I remain effect. i y n p nsui e pay ?u for You promise to make t -, - - - - -- ---- - FOR NORTH DAKOTA' CREDIT UNIONS ONLY - APPLIES IT UNIONS ONLY ED 'R E SSE TEN NE PCER ? ONLY WHEN A 1100 TOR VEHICLE IS PURCHASED PURCHASED USE WHEN AUl'OMOEtILE Is NOTICE: If you do not purchase the Insurance quire or the automobil- NOTICE THE MOTOR R' Er!ICLE IN THIS TRANSACTION MAY BE SUB- AND SOLD TO SOMEO E SES E IS REPO S S D S SIO N + , and 'h.- credit anion purchases the insurance c r, ui ance purchased F-cT TO REP03 L AND ALL AN11O1J?:?5 DUE TO 1HE SECURED PARTY ARE NOT rnoI) s Interest in tit? property f SE ly the credit I ill i _ cover on on w by ffie credit un The insurance will not be liability Insurance. ._- , RECEIVED IN THAT SALE, YOU MAY 'HAVE TO PAY THE'DIFFERENCE You have read the above statement and acknowledge that the credit union has explained it to you. --_---------___--- .. SIGNATURE DATE .' -- --- THE PROPERTY DESCRIPTION ON THE REVERSE SIDE X. IS PART OF THIS AGREEMENT: SIGNATURE CATS - THIS NOTICE: SIGN THI„ AGREEMENT ON THE REVERSE SIDE. X DO NOl WRITE? BELOW -- P R CREDIT UNION USE ONLY CHECK APPLICABLE BOX(ES) --- APPROVED -- --? -LIMITS SIGNATURE LIN, OF CREDIT 0TH R OTHFZ DEBT RATIO DAT OLOAN OFFIC=R ADVANCE APFFvbEl YES JNO C UNi OFF-2R WILL BE (1/1Ai_F, iF ACCEPTED, ADVANCE APPROVED --'CREDIT COMhgTTEE OR OTHER OUTSIDE INFOR .A 'ON CONSIDERED. r !Y-S ? :NG IF YES, ATTACH ADD!Tiv^fdAL SHEET AND DESCRIBE REFERRED TO/REASON(S) FUR REFERRAL: . TE4OFFER: OU - - - ---- N DESCRIBE C SPECIFIC REASON(S) FOR REJECTION: DATE SIGNATURES: DA" -_ 41 a: -? 4 _ 'n - -- - .F r ICE AND PEASC\1 r0 RE -. t. cc ,r:.- .- __ TO. rr 00 Z-A a 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-01620 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BELCO COMMUNITY CREDIT UNION VS NICHOLS MICHAEL A TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NICHOLS MICHAEL A the DEFENDANT , at 2009:00 HOURS, on the 14th day of March , 2008 at 319 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 MICHAEL A NICHOLS by handing to 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 16.32 Not Found .58 Surcharge 10.00 3//?/b& n 0 4. 9 9 0 `-h'- 44.- Sworn and Subscibed to before me this of day So Answers: t R. Thomas Kline 03/17/2008 ARTHUR FELD By: f Depu Sheri f A.D. BELCO COMMUNITY CREDIT UNION ,Plaintiff VS. MICHAEL A. NIC?OLS efendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 2008-01620 CIVIL ACTION - LAW Would you plea'hse enter judgment in favor of Plaintiff and against Defendant, Michael A. Nichols, 319 Rosemont Avenue, Cumberland County, New Cumberland, Pennsylvania, 17070 for failure to plead to the Complaint within twenty days of service thereof. I hereby certify that the Default Notice required by Rules of Court was sent to the Defendants as shown on the copy attached hereto. Assess damages'las follows: $8582.87, together with interest thereon from date of judgment together with costs of suit thereon. April 21, 2008 VV?? Arthur M. Feld, Esq. BELOO COMMUNIT CREDIT UNION COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO.: 2008-01620 MICHAEL A. NIOOLS CIVIL ACTION - LAW Defendant IMPORTANT NOTICE To: MICHAEL A? NICHOLS DATE OF NOTICE; April 8, 2008 DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN ONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE NSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST U ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU ROPERTY OR OTHER IMPORTANT RIGHTS. TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO ER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. AN PROVIDE YOU WITH INFORMATION ABOUT HIRING A 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. YOU ARE IN APPEARANCE PER COURT YOUR DEFE YOU. UNLESS Y A JUDGMENT MAY MAY LOSE YOUR YOU SHOULD NOT HAVE A LAW THIS OFFICE LAWYER. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 a-4t'w Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 (717) 770-0292 I.D. No. #07172 fi ; - ? f "C ? V ='- { tea, 4 4'14-. N V> N BELCO COMMUNIT? CREDIT UNION Pl intiff VS MICHAEL A. NIC?OLS Defendants To MICHAEL A.INICHOLS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA No. 2008-01620 You are hereIn notified that on APRIL , 2008, the following judgment has entered against you in the above captioned case. JUDGMENT IN THE AMOUNT OF $8582.87 PLUS INTEREST FROM DATE OF JUDGMENT PLUS COSTS OF SUIT THEREON DATE: APRIL o2 , 2008 Prothonotary I hereby certi y that the name and address of the proper person/s to receive this n tice under Pa. R. Civ. P. 236 is/are: MICHAEL A. NICHOLS 319 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 I FA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION BELCO COMMUNITY CREDIT UNION VS. MICHAEL A. NIC OLS 319 ROSEMONT A ENUE NEW CUMBERLAND PA 17070 Def ndant PENNSYLVANIA ( ) Confessed Judgment (X) Other DISTRICT JUSTICE File No. - : Amount Due $8582.87 Interest FROM 04/23/08 . Atty's Comm Costs Total TO THE PROTHONOTARY OF THE SAID COURT: The unde signed hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue Wri? of Execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following des ribed property of the defendant (s) LEVY ON DEFENDANT ZS HOQSEHOLD GOODS AND PERSONAL PROPERTY PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) defendant(s) garnishee(s). the possession, and all other property of the custody or control of the said (Indicate) Index this writ against DATE: O Signature: Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff (717) 770-0292 ID No. #07172 VO (IN pJ . Q 4.A' WRIT OF EXECUTION and/or ATTACHMENT COUNTY OF OF PENNSYLVANIA) NO 08-1620 Civil CIVIL ACTION - LAW TO THE SHERIF OF CUMBERLAND COUNTY: To satisfy the ebt, interest and costs due BELCO COMMUNITY CREDIT UNION, Plaintiff (s) From MICH L A. NICHOLS, 319 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL 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 g rnishee(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 th 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 $8,52.87 L.L. $.50 Interest FROM 4/3/08 Atty's Comm % Atty Paid $163.90 Plaintiff Paid Date: APRIL 22, 2p08 (Seal) REQUESTING PARTY: Name ARTHUR M. FELD, ESQUIRE Address: 1309 B NEW I Attorney for: PL Telephone: 717- STREET PA 17070 Due Prothy $2.00 Other Costs Deputy Supreme Court ID No. 07172 BELCO COMMUNITY CREDIT UNION, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08 - 1620 CIVIL TERM MICHAEL A. NICHOLS, Defendant/Petitioner CIVIL ACTION - LAW PETITION TO OPEN AND/OR STRIKE DEFAULT JUDGMENT AND NOW comes petitioner/defendant, Michael A. Nichols, by his attorney, Kent H. Patterson, and files this petition to open default judgment as follows: 1. Petitioner is Defendant Michael A. Nichols who resides at 319 Rosemont Avenue, Borough of New Cumberland, Cumberland County, Pennsylvania (New Cumberland, PA 17070). 2. Respondent is Plaintiff Belco Community Credit Union, a Pennsylvania corporation with a place of business at 449 Eisenhower Boulevard, Harrisburg, PA 17111. 3. Plaintiff commenced the action in this case by filing a complaint against defendant on March 11, 2008 which was served on the defendant by the Sheriff of Cumberland County on March 14, 2008. 4. Plaintiff's complaint alleges that defendant owes plaintiff $8,582.87 under an L14 Visa Loan. 5. On April 22, 2008, plaintiff filed a praecipe requesting judgment against defendant in the amount of $8,582.87 plus costs and interest for defendant's failure to file an answer to plaintiff's complaint. 6. On April 22, 2008, plaintiff also filed a praecipe for a writ of execution against property of defendant. 7. On April 22, 2008, the prothonotary entered judgment against defendant in the amount of $8,582.87. 8. On April 22, 2008, the prothonotary issued a writ of execution to the sheriff directing that a levy be made on defendant's household goods and personal property. 9. On April 28, 2008, the sheriff served the writ of execution by making a levy on personal property at the residence of defendant at 319 Rosemont Avenue, Borough of New Cumberland, Cumberland County, Pennsylvania. PETITION TO OPEN JUDGMENT 10. Defendant did not answer the complaint or otherwise file a responsive pleading because defendant did not receive the 10 day notice of intention to take default judgment which is required by Pa.R.C.P. 237.1. 11. Defendant did not receive notice of the entry of the judgment which is required by Pa.R.C.P. 236. 12. Defendant believes and avers that if the 10 day notice -2- of intent to take default judgment was properly mailed to him at his residence, at 319 Rosemont Avenue, he did not receive it because his wife, who also resides at the same address and from whom he is estranged and involved in divorce litigation, frequently intercepts his mail and does not turn it over it to him. 13. Defendant was unaware of the entry of judgment against him until the sheriff made the levy on April 28, 2008. 14. Defendant has submitted the present petition in a timely manner and within 10 days of the date of entry of the judgment. 15. Defendant has meritorious defenses to plaintiff's complaint which are outlined as follows: a. Plaintiff's complaint does not state a cause of action against defendant in that it does not plead any contractual relationship between plaintiff and defendant. The complaint merely pleads that defendant applied for an "L 14 Visa Loan" pursuant to a 20 year old application and does not allege that plaintiff made any loan or granted any credit to plaintiff on account of the application. b. Plaintiff's complaint merely pleads a delinquent balance and does not in any way indicate the terms of any loan or credit. -3- C. Plaintiff's complaint does not allege any writing or agreement for defendant to pay plaintiff any attorney's fees or attorney's commissions. d. Defendant does not believe that he owes plaintiff the amount of money that plaintiff claims he owes it. e. Defendant does not owe plaintiff any attorney's fees. 16. Attached to this petition and marked Exhibit A is a verified copy of the answer which petitioner seeks leave to file in this case pursuant to Rule 237.3. WHEREFORE, defendant requests your honorable court to open the judgment which was entered against defendant in this case. PETITON TO STRIKE JUDGMENT 17. The judgment against defendant should be stricken as void since the certification of the mailing of the notice of intent to take default judgment is incomplete and does not comply with Pa.R.C.P. 237.1. 18. Pa.R.C.P. 237.1(2)(ii) requires that the praecipe for entry of a default judgment include a certification that the ten day notice of intention to file default judgment was mailed or delivered to the defendant. 19. The certification contained in the praecipe for default -4- judgment filed by plaintiff in this case only states that the notice was sent to the defendant as shown on a copy of the notice which is attached to the praecipe and the copy of that notice only states that it is "To: Michael A. Nichols" and does not state the address to which it was sent. 20. Accordingly, the certification is defective in that it does not state where the notice was sent and does not state how the notice was sent, i.e. whether delivered or mailed. WHEREFORE, plaintiff requests your honorable court to strike the judgment entered against defendant in this case. Respectfully submitted, Ke t H. Patterson Attorney for defendant/petitioner 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 -5- VERIFICATION I, Michael A. Nichols, verify that the statements in the foregoing petition to open and/or strike default judgment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Michael A. Nichols Date , 4 BELCO COMMUNITY CREDIT UNION, Plaintiff V. MICHAEL A. NICHOLS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 1620 CIVIL TERM CIVIL ACTION - LAW ANSWER WITH NEW MATTER Now comes defendant, Michael A. Nichols, by his attorney, Kent H. Patterson, and files this answer with new matter as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that defendant applied for a visa loan but, after reasonable investigation, defendant is without knowledge or information sufficient to belief that he applied for L14 Visa Loan pursuant to an application dated August 24, 1987. It is denied that plaintiff has provided a reasonable explanation for not producing the application since social security numbers and other information could be redacted to maintain privacy. 4. It is denied that defendant has a delinquent balance on the account in the amount stated. 5. It is denied that defendant owes plaintiff an attorney's commission of $1,119.50 or any amount in accordance with any standard Security Agreement or any other document. It is denied that Exhibit A is a security agreement which was signed by defendant. It is denied that defendant owes plaintiff a total of $8,582.87. 6. Admitted in part and denied in part. It is denied this defendant owes the amount plaintiff claimed is owed to bring his account current. 7. Admitted. NEW MATTER 8. Plaintiff's complaint fails to state a cause of action against defendant in that it does not show a contractual relationship between plaintiff and defendant upon which plaintiff loaned defendant any money and it does not state the terms of any loan. 9. Plaintiff's complaint does not state a cause of action against defendant in that it does not show a contractual relationship between plaintiff and defendant upon which defendant owes plaintiff any attorney's fees. 10. Plaintiff's claims are barred in whole or in part by the applicable statute of limitations. -2- WHEREFORE, defendant requests your honorable court to enter judgment in favor of defendant. Respectfully submitted, Rent H. Patterson Attorney for defendant 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 -3- VERIFICATION I, Michael A. Nichols, verify that the statements in the foregoing answer are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. ?IAJSZ. 46j?&E Michael A. zcho s Date Ii BELCO COMMUNITY CREDIT UNION, Plaintiff V. MICHAEL A. NICHOLS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 1620 CIVIL TERM CIVIL ACTION - LAW ?.?CERTIFICATE OF SERVICE AND NOW, this :,.day of 1-*11-? , 2008 I, Kent H. Patterson, hereby certify that I this day served the within defendant's petition to open and/or strike default judgment by depositing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to counsel of record for plaintiff as follows: Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Kent H. Patterson Attorney for defendant 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 t C7-1 3 BELCO COMMUNITY CREDIT UNION, Plaintiff/Respondent V. MICHAEL A. NICHOLS, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 1620 CIVIL TERM :'`CIVIL ACTION - LAW RULE TO SHOW CAUSE ORDER AND NOW, this &44day of /" JV , 2008, upon consideration of the foregoing motion to open default judgment, it is ordered that (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within 4?0 days of this date; (3) the petition shall be decided under Pa.R.C.P. No. 206.7; (4) depositions shall be completed within days of this date; A (5) argument shat be held on TJ 11 , 2008 at ? 3 10 _.m. in Courtroom No. ' of the Cumberland County Courthouse; (6) notice of the entry of this order shall be provided to all parties by the petitioner; and (7) all proceedings shall stay pending determination of the rule. BY T CO J. x ? • p??? s=u/,S?3l?p VINVAIASNN3d ono n=.H=jem Z? :z fed 9- AN gooz L4/-T,- so?,?s 30Y BELCO COMMUNITY CREDIT UNION Plaintiff/Respondent VS MICHAEL A. NICHOLS Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 08-1620 CIVIL CIVIL ACTION - LAW REPLY TO PETITION And now comes Respondent, Belco Community Credit Union by its Attorney, Arthur M. Feld, Esq., and files this reply to Defendant/Petitioner's Petition. 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted 7. Admitted 8. Admitted 9. Admitted REPLY TO PETITION TO OPEN JUDGMENT 10. Respondent is unable to respond to the truth of this allegation. Respondent, by its Attorney sent the ten day Default Notice to Petitioner at his home address on April 8, 2008, by regular mail, postage prepaid. 11. Respondent, by its attorney, sent a stamped, addressed envelope to the Prothonotary along with the praecipe to enter Judgment, which envelope was addressed to Petitioner at his home address. 12. Neither admitted nor denied, as this averment contains information that Petitioner and his wife know. As averred above in paragraphs 11 and 12, notices were sent to Petitioner by counsel for Respondent. 13. Neither admitted nor denied. The facts alleged are within the knowledge of Petitioner. 14. Admitted 15. Denied as set forth below a. Respondent's complaint alleges that Petitioner applied for a visa account by written application, charged items to that account up to $7,463.37 and did not make the monthly payments. b. Same as a. C. The complaint says that the security agreement provides for an attorney commission. d. Petitioner would have received monthly statements and did not make the payments. e. Petitioner owes an attorney commission for failure to make required payments. 16. Admitted. Wherefore Respondent requests Your Honorable Court to Dismiss Petitioners request to Open the Judgment. REPLY TO PETITION TO STRIKE JUDGMENT 17. Denied. The certification required by the rule was properly made. 18. Denied. The certification in the Praecipe was properly made. 19. Denied. The rule does not require a certification of the address to which the notice was mailed or delivered nor does it require a certification of whether it was mailed or delivered. 20. Denied as set forth above. Wherefore, Respondent requests Your Honorable Court to Dismiss Petitioners Petition. Respectfully Submitted rv` G Attorney for Plai tiff/Respondent Arthur M. Feld ID #07172 1309 Bridge Street New Cumberland, PA 17070 (717)770-0292 1 4 . VERIFICATION A e o- co-- l S' states subject to the penalties of 18 Pa C.S.Section 4904 relating to unsworn falsification to authorities, that he/she is the 16js Tlrev-ew lorj 13 C.1*01/S?for the Plaintiff in this matter, that he/she is authorized to make this affidavit on its behalf and that the facts set forth in the foregoing pleading is true and correct to the best of his/her knowledge, information and belief. f , C'1 a m O rn N BELCO COMMUNITY CREDIT UNION Plaintiff/Respondent MICHAEL A. NICHOLS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 08-1620 CIVIL Defendant/Petitioner CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Arthur M. Feld, Esquire, of 1309 Bridge Street, Suite #5, New Cumberland, PA 17070-1172, certify that on the 13th day of May 2008, I served a copy of the Reply to Petition, to the Defendant's Attorney, Kent Patterson, Esquire, by regular mail, postage prepaid to, 221 Pine Street, Harrisburg, Pennsylvania 17101. DATE: ` / 0 0:7- ot?-. Arthur M. Feld Attorney I.D. No. 07172 1309 Bridge St. Ste. 5 New Cumberland, PA 17070-1172 (717) 770-0292 Attorney for Plaintiff C=P ° ?t Q c rnm -d BELCO COMMUNITY CREDIT UNION, Plaintiff v. MICHAEL A. NICHOLS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 1620 CIVIL TERM CIVIL ACTION - LAW ORDER AND NOW, this aj day of V-0?r , 2008, upon consideration of the within stipulation, it is hereby ordered that the petition to open and/or strike default judgment which was filed by Defendant shall be and is hereby deemed withdrawn, and that the amount of the judgment which was entered on April 22, 2008 shall be changed to $8032.12. COURT: E . 'Guido , Judge /Distribution: ? Arthur M. Feld, Esquire /Attorney for Plaintiff ,' Kent H. Patterson, Esquire Attorney for Defendant 0-or-es r"Cq'c lruL 7/??./off c,,,z .9 wv zz in sooz MViONu 1 d 3H1 ?O 68 - I4-1-2.6 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Cos s: Advance Costs: 150.00 Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mai Post Pone Sale Garnishee Postage TOTAL Sheriff's Costs: 80.07 18.00 69.93 1.57 .50 2.00 Refunded to Atty on 07/16/08 18.00 20.00 20.00 $ 80.07 So Answers; R. Thomas Kline, Sheriff By Claudia A. Brewbaker C 1 :01 `d E Z ddtl 0001 Vd 'l, `' v f " .z.S6l).( cam' ? ?gz y 2?. ? ct ??P li AJ ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1620 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BELCO COMMUNITY CREDIT UNION, Plaintiff (s) From MICHAEL A. NICHOLS, 319 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL 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 $8,582.87 Interest FROM 4/23/08 Atty's Comm % Atty Paid $163.90 Plaintiff Paid Date: APRIL 22, 2008 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Deputy REQUESTING PARTY: Name ARTHUR M. FELD, ESQUIRE Address: 1309 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-0292 Supreme Court ID No. 07172 k, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION BELCO COMMUNITY CREDIT UNION VS. MICHAEL A. NICHOLS 319 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 Defendant PNC BANK 105 NOBLE BLVD. CARLISLE, PA 17013 Garnishee ( ) Confessed Judgment (X) Other DISTRICT JUSTICE File No. 2008-1620 : Amount Due - 0 ,??• I . Interest FROM 05/f2_/09 Atty's Comm Costs Total TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby .certifies that the arise out of a retail installment sale, contract, on a confession of judgment, but if it does, it appropriate original proceeding filed pursuant to amended; and for real property pursuant' to Ac amended. below does not or account based is based on the Act 7 of 1966 as t 6 of 1974 as Issue Writ of Execution in the above matter to the CUMBERLAND County, for debt, interest and costs following described property of the defendant(s)_ DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against DATE : Signature: a 04 Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff (717) 770-0292 ID No. #07172 Sheriff of upon the LEVY ON n FILED-OFFICE OF THE pR,i -?6i?TARY 2009 MAY 13 PM 1: 05 CUM.t. i al,N?`( P IN i?,SYLVANIA *a c S-6 -? L 4?? 90.07 - << '? 78.ro - .? rr rr rr ;a K•06 rt ? t .24..T.9-7 - 0.2.06 eb . Q?K-4 41t, SS' f Wa:t? CP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1620 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BELCO COMMUNITY CREDIT UNION, Plaintiff (s) From MICHAEL A. NICHOLS, 319 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of PNC BANK, 105 NOBLE BLVD., CARLISLE, PA 17013 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 $8,032.12 Interest FROM 5/12/09 Atty's Comm % Atty Paid $265.97 Plaintiff Paid Date: MAY 13, 2009 (Seal) L.L. Due Prothy $2.00 Other Costs urns R. Lon By: Deputy REQUESTING PARTY: Name ARTHUR M. FELD, ESQUIRE Address: 1309 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-0292 Supreme Court ID No. 07172 Sheriffs Office of Cumberland County R Thomas Kline au'Q ° st Cuinb,?t?? Edward L Schorpp Solicitor Sheriff 46E , h1 'y Ronny R Anderson Jody S Smith Chief Deputy or€ of TIE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/22/2009 11:39 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 22, 2009 at 1139 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Michael A. Nichols, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Wendy Whistler, Teller Banking Supervisor personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 2008-1620 So Answers Belco Community Credit Union vs Michael A. Nicohls R. Thomas Kline, Sheriff By De ty Sher' C 2-3 t ? r?r? T BELCO COMMUNITY CREDIT UNION Plaintiff VS. MICHAEL A. NICHOLS Defendant/s PNC Garnishee } IN THE COURT OF COMMON PLEAS } CUMBERLAND COUNTY } } }#08-1620 } } } } } Would you please dissolve the attachment against PNC Bank Garnishee, in the above captioned matter. To Prothonotary June 1, 2009 (2'r- V- Attorney for Plaintiff FILE r u OF Rl' 2009 JU'' ° -2 -l l I : 4 4e-ab Pa n Cg.v 4" IS @ "a "oq 7 s OE ThE y F=r.}%OTARY a."6 IZIE AM 10: 5 8 Sheriff EDWARDfF! Solicitor GQ0ty of ?untbPrt? OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 July 23, 2009 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant Belco Community Credit Union vs Michael A. Nichols Writ No. 2008-1620 Civil Term Property Claim Determination t ??? 3fe To Whom It May Concern: Reference is made to Property Claim dated July 13, 2009, entered by Maria Nichols, Writ of Execution No. 2008-1620 Civil Term, Belco Community Credit Union vs Michael A. Nichols. R. Thomas Kline, Sheriff, has determined that the claimant, Maria Nichols, in the above mentioned property claim, is the owner of the property set forth in the claim. cc Arthur Feld, Atty for Plaintiff Michael A. Nichols, Defendant Maria Nichols, Claimant So Answers: R. T omas Kline, Sheriff ? r By NOTICE OF PROPERTY CLAIM Belco Community Credit Union VS Michael A. Nichols In the Court of Common Pleas Cumberland County, Pennsylvania No. 2008-1620 Civil Term Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by Maria Nichols claiming property listed therein. Unless an appraisal of the property is requested within (10) days from the date of this notice, the Sheriff without making an appraisal will accept the value of the property set forth in the claim. Date 07-13-09 Shenff of Cumberland County Cc Arthur Feld, Atty for Pltff Michael A. Nichols, Defendant Maria Nichols, Claimant PROPERTY CLAIM k A'ye k VA TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. a 009-14 2 d The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE C cN fic?id - zoo (gyp. 4?? -?00 SlS(a-) fas T ? er n) KJJ L)0164 3 C14 r` r s (? 4 ?-?J ?`F J?P ? Y°C'? l? t?M" mu- C?r? TLS I? Y 1P 1? o w o 0.3-c lr.? ?? '? r .r ('a 1P ? 3 o a V o 9tr tx- Cus 3 O b Nick-/ 1634r-f THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: ALL ot-q-LA-C 5-S;=-?101-]Q ' y C Date 7/ 131 Q q Claimant jS a.„..,.. ' --7:7 1J4jrx State of Pennsylvania: County of Cumberland above ? I y; aim are correct and true. Sworn ,?? ^9??PY PUBLIC •r?.:? l being duly sworn according to law, deposes and says that the Claimant us April 4, 2013 .,?'• ?• N?S?-s?bl,s?` ? 3vc? lc?. P s -? 2 d ?Pr + iv /oC) s'V;f-Cash ? s- 2 Ps 00 600 ' 260 M; V4-0vV Si ?S biNe? (.,,0C, V- N CCL ? ?vd S? d v Z o CU plr y _?Y`y y Y -? C? ?v LCl ©o c? n/ S a ?,c/ Z o U C 4 V 00 Woodr? Cec?;N?fS Y -}- bt v 1` ?, V C G U --? / o t7 U b?, ,fib cep O aN foa ?? G",rl D US 14 Sha ? V ?-c. ? Sa pony ?' /60 ?,sA0??4 ?? RThomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor OFFJOEpFT' E :-ERIFF r OF Tkc 20619 S,7P g F;?: Cup', L BELCO Community Credit Union vs. Michael A Nichols Case Number 2008-1620 SHERIFF'S RETURN OF SERVICE 05/22/2009 11:39 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 22, 2009 at 1139 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Michael A. Nichols, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Wendy Whistler, Teller Banking Supervisor personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 06/13/2009 09:11 AM - Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 13, 2009 at 0846 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Michael Nichols, by making known unto Michael Nichols, at 319 Rosemont Avenue, New Cumberland, Cumberland County, Pennsylvania 17070, its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard mailed to attorney and letter mailed to defendant on 06-15-09. 07/09/2009 04:00 PM - Sale bill posted on 07-09-09 at 1600 hours by Deputy Bitner. Sale date set for Thursday, 07-23-09 at 1500 hours. Copy of sale bill mailed to Attorney Feld. 07/13/2009 Property claim filed 07-13-09 by Maria Nicihols claiming most of the items as marital property. 07/23/2009 Reference is made to Property Claim dated July 13, 2009, entered by Maria Nichols, Writ of Execution No. 2008-1620 Civil Term, Belco Community Credit Union vs Michael A. Nichols. R. Thomas Kline, Sheriff, has determined that the claimant, Maria Nichols, in the above mentioned property claim, is the owner of the property set forth in the claim. 09/18/2009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $230. 62 September 18, 2009 ,/ `I 1 i r J e t C?- SO ANSWERS, (IJ• Sheriffs Office of Cumberland County Ck_ 7`2-06 z JjL., 23b`7IY /' R THOMAS KLINE, SHERIFF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-1620 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BELCO COMMUNITY CREDIT UNION, Plaintiff (s) From MICHAEL A. NICHOLS, 319 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of PNC BANK, 105 NOBLE BLVD., CARLISLE, PA 17013 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 $8,032.12 Interest FROM 5/12/09 Atty's Comm % Atty Paid $265.97 Plaintiff Paid Date: MAY 13, 2009 L.L. Due Prothy $2.00 Other Costs d&t-?q44 urtis R. Lon onotary (Seal) By: Deputy REQUESTING PARTY: Name ARTHUR M. FELD, ESQUIRE Address: 1309 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-0292 Supreme Court ID No. 07172