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HomeMy WebLinkAbout08-5775 2048565 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 DIAMOND FINANCE CO.,INC. 1 BROADCAST PZ, STE 218 MERRICK, NY 11566 Vs. JANET GRAY 423 GEARY AVENUE NEW CUMBERLAND, PA 17070 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: Of' S-7K & Vl l 7"l`rn CONPLAINT IN ASSUMPSIT NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND 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 JUDGEMENT 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 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 1. The defendant, for valuable consideration received, executed and delivered to plaintiff a promissory note under the terms of which the defendant promised to pay to the plaintiff consecutive monthly payments under the terms and conditions set forth in the promissory note. A true and correct copy of the aforesaid promissory note, if available, is attached hereto, made a part of this complaint and marked Exhibit "A". 2. Contrary to the terms of the aforesaid promissory note, the defendant failed to make the required payments when due as a result of which the unpaid balance of $8,069.40 became due and payable. 3. As a result of defendant's default, defendant is indebted to plaintiff in the amount of $8,069.40 plus interest thereon and attorney's fees as provided for in the promissory note. 4. Plaintiff has made demand upon the defendant for payment of the amount due but the defendant has failed and refused and still refuses to pay the said sum or any part thereof. 5. Defendant's last payment on account was made on August 6, 2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $8,069.40 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC BERG, ESQUIRE JOEL M. F , ESQUIRE Attorney for Plaintiff Poic 2048565 Conshohocken, PA 19428 DIAMND FINANCE CO.,INC. VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts not forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. 54904 which provides for certain penalties for making false statements. (Affiant's Name) s? ? 1889 JANET GRAY 9961250 2048565 Conshohocken, PA 19428 DIAMND FINANCE CO.,INC. AFFIDAVIT being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. After allowing for all offsets and credits, a balance remains on the subject account having account number 9961250in the amount of $8,069.40; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and rrect to the best of my knowledge, information and belief. Name Sworn to and Subscribed before me this A day of 2008 Notary Publ PubIKState of New- Qualified in Kings Cou ty Commission Expires Z 2v- EXHIBIT "A" IF DEBT CANCELLATION IS SOLD, A SEPARATE DISCLOSURE AND AGREEMENT FORM PA 23DC•SLC (3/0) SIMPLE INTEREST FOR DEBT CANCELLATION MUST ACCO ONTRACT. PENNSYLVANIA MOTOR VEHICLE INSTALLMENT SALE CONTRACT, Dated ANNUAL FINANCE Amount Financed Total of Payments Total Sale Price PERCENTAGE RATE CHARGE \ The amount of credit provided The amount you will have paid after you The total cost of your purchase on The cost of your credit as The dollar amount the to you or on your behalf. have made all scheduled payments. credit, including your downpayment a yearly rate. credit will cost you. of S 199.00 21.00 % $ 1772.87 $ 7623.85 $ 9396.72 S 10396.72 Your Payment Schedule will be: No. of Payments Amount of Payments When Payments Are Due 24 S 391,5,3 Monthly, be 'nnin @6/29/29@7 $ N/A Prepayment: If you pay off early, you will not have to pay a penalty. Filing Fees: $ S. 0® Late Charge: If a payment is late, you will be charged 2% of the portion of the payment which is late for each month, or part of a month greater than 10 days, that it remains unpaid. See below and any other Contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment refunds and penalties. a means estimate IF YOU DO NOT MEET YOUR CONTRACT we this are Contract OBLIGATIONS, YOU MAY LOSE THE MOTOR the SELLER. E:ARLISLE f HRY/_TFFp LLC 1119 VEHICLE AND PROPERTY THAT YOU HARRISBURG PIKE CARLISLE PA 17013 . BOUGHT WITH THIS CONTRACT, AND/OR Name Address Zip Code MONEY ON DEPOSIT WITH THE ASSIGNEE. County CUMBERLAND This Contract is between Seller and Buyer. All disclosures have been made by Seller, Seller You are intends to assign this Contract to the he Assignee. the BUYER(S)4ANET M GRAY 423 GEARLY AVE NEW CUMBERLAND PA 17070 Itemization o Amount nafced Name(s) Address(es) Zip Code(s) County If there is more than one Buyer, each promises, separately and together, to pay all sums due us and to perform all agreements in this Contract. TRADE-IN: You have traded in the following vehicle: Year and Make Description If a balance is still owing on the vehicle you have traded in, the Seller will pay off this amount on your behalf. You warrant and represent to us that any trade-in is free from lien, claim, encumbrance or security interest, except as shown in the Itemization of Amount Financed as the "lien Payoff." PROPERTY INSURANCE: You may;hoose the person through whom insurance is obtained against loss or damage to the Vehicle and against liability arising out of use or ownership of the Vehicle. In this Contract, you are promising to insure the Vehicle and keep I insured. DEBT CANCELLATION (GUARANTEED AUTO PROTECTION) AGREEMENT iS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE CREDIT. This agreement will not be provided unless you sign below, agree to pay the additional charge, and sign the separate disclosure and agreement page, which is part of this Contract. This agreement will apply during the entire teint of the Contract. This agreement may not cover your entire indebtedness; see the MAXIMUM PROTECTION amount stated in the separate disclosure and agreement Type of Debt Cancellation Agreement Charge Signature Guaranteed auto protection (GAP) $ N/A By signing, you select guaranteed auto protection Signature of Buyer SERVICE CONTRACT OR WARRANTY AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE CREDIT. The service contract or warranty agreement will not be provided unless you sign the separate agreement with the third party provider, who is not the Seller named above, and agree to pay the additional charge. This section does not apply to any warranty that you may receive for which there is not separate charge. CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident & Health (Disability) Insurance are not required to obtain credit, and will not be provided unless you sign below and agree to pay the additional cost(s). Please read the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side. Your insurance certificate or policy will tell you the MAXIMUM amount of insurance available. Ail insurance purchased will be for the term of the credit. We may receive a financial benefit from your purchase of credit insurance. By signing, you select Single Credit Life Insurance, What is Your By signing, you select Single Credit Accident & What is your which costs $ _ A age? Years Health insurance, which costs $ N /A age? Years Signature of Buyer to be insured for Single Credit Life Insurance Signature of Buyer to be insured for Single Credit Accident & Health Insurance Security: You are giving a security interest in the motor vehicle being purchased. By signing, you both select Joint What are By signing, you both select Joint Credit Whatare Percentage Credit Lite insurance, which costs $ N1 0 your ages? Accident & Health Insurance, which costs $ --h, Ayour ages? to be gmount_gtS_ .fv/rt = paid to N/A & sales tax of 479.70 Cash Price $ 8474.70 Cash Downpayment $ 1909. 110 (Trade-In Value of Trade-In $ N/A Lien payoff to: N/A . $ N/A Unpaid Cash Price Balance $ 7474.70 Optional Debt Cancellation (GAP) $ N/A Document Preparation Fee Paid to Others on Your Behalf To Public Officials for: License, Tags and Registration $ F14 ? IS Lien Fee $ 5.10 Taxes Not Included in Cash Price a N/A To N/ $ N/A For Messenger Service To N/A + 2. 1 2. Sinatures of Signatures of both Buyers to be insured for Joint Credit C edit Accidento& Health insuranceured for Joint Life Insurance insurer: VEHICLE: You have agreed to purchase, under the terms of this Contract, the following motor vehicle and its extra equipment, which is called the "Vehicle" in this Contract. _ U Year ital Mfg S ri s I U d t t No X1,1 Truck Tom Capacity eri Number 1997 FORD cpn?y??11?1 4 DOOR SED 2FALP7??W 1 V X 113180 Eq A.T. _ P.S. - AIrkF19rMOV ICTO?Spd. Othe? with A.C..- P.W. - AM-FM Tape _Vinyl Top ASSIGNEE: We may assign this Contract and Security Agreement to a sales finance company which is the "Assignee." It the Assignee assigns the Contract to a subsequent assignee, the term also refers to such subsequent assignee. Alter the assignment, all rifhts and benefits of the Seller in this Contract and in the Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will notify you when and if Seller makes an assignment. % 1 .$ N/A For To 5. (bB For TIRE TAX To $ ' N/A For To S N/A To 3 N/A To $ * DIAMOND FINANCE COMPANY N/A CO-SIGNER: Any person signing the Co•Signer's Agreement below promises separately and together with all Co Signers} and Buyer(s), to pay for all sums due and to perform all agreements in this Contract. Co-Signer will not be an Owner of the Vehicle. Amount Financed CO-OWNER, Any person signing the Co-Owner's Security Agreement below gives us a security interest in the Vehicle and agrees separately and $ together with all Co-Owner(s) and Buyer(s), to perform all agreements'in the Security Agreement and all other parts of this Contract except the We may retain a portion of amounts marked* "Promise to Pay' section. TERMS: The terms shown in the boxes above are part of this Contract PROMISE TO PAY: You agree to pay us the Total Sale Price for the Vehicle by making the Cash Vehicle, including insurance proceeds. The Assignee may set-off any amounts due and unpaid Downpayment and assigning the Trade-in, d shown above, on or before the date of this Contract, under this Contract against any of your money on deposit with Assignee. This includes any and paying us the Amount Financed plus interest You promise to make payments in accordance money which is now or may in the future be deposited with Assignee by you. Assignee may do with the Payment Schedule. You promise to make payments on or before the same day of each this without any prior notice to you, month as the first payment due date. You agree to pay all other amounts which may become due ADDITIONAL DISCLOSURES, TERMS AND CONDITIONS: under the terms of this Contract You agree to pay the Seller or Assignee costs of suit. You also Disclosures: Before signing this Contract, be sure that you receive and read the Disclosure to agree to pay reasonable attorneys' fees if Seller or Assignee hires an attorney to collect amounts Buyer. due under this Contract or to protect or get possession of the Vehicle. You agree to make payments at the place or to send payments to the address which the Assignee most recently Terms and Conditions: Before signing this Contract, be sure you receive and read the specifies in the written notice to you. following, if marked X, which are additional pages to and part of this Contract. SECURITY AGREEMENT: To secure the payment of all sums due and the performance of all ® This Contract continues on the reverse side, required obligations under this Contract, you give a security interest in the Vehicle, in all parts Debt Cancellation (guaranteed auto protection) separate disclosure and agreement. (called "accessions") attached to the Vehicle at any later time, and in any proceeds of the By signing below, we agree to sell the Vehicle to you under the terms of this Contract. NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITKDYOUR TO A LEW, CPS. THE CONTRACT YOU SIGN. KEEP IT TO PROTFLY t (SEAL) 25LZI 21 SELLER BUYER Date BUYER (SEAL) Date BY: t )Ut? ' CO-SIGNER: YOU SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A SE ARATE DOCUMENT, BEFORE SIGNING THE CO-SIGNER'S AGREEMENT. CO-SIGNER'S AGREEMENT: You, the person (or persons) signing below as "Co-Signer;" promise to pay to us all sums due on this Contract and to perform a agreements in this Contract. You intend to be tegally bound by all the terms of this Contract, separately and together, with the Buyer, You are making this promise to induce us to make this Contract with the Buyer, even though we will use the proceeds only for the Buyer's benefit. You agree to pay even though we may not have made any prior demand for payment on the Buyer or exercised our security interest. You also acknowledge receiving a completed copy of this Contract. (SEAL) Date Co-Signer's Signature Address tUrl (SEAL) pate Address CO-OWNER'S SECURITY AGREEMENT: You, the person signing below as "Co-Owner;" together with the Buyer or otnerwrs'r a,..a •••? _ _...__ _ give us a Security Interest in the Vehicle identified above. You agree to be bound by the terms of the Security Agreement and all other parts of this Contract except 0 "Promise To Pay" section. You are giving us the security interest to induce us to make this Contract with the Buyer, and to secure the payment by the Buyer of all sums di on this Contract. You will not be responsible for any deficiency which might be due after repossession and sale of the Vehicle. SEAL Date Co-Owner's Signature Address PLETED OF THI BUYER, CO-SIGNER AND CO-OWNER, IF APPLICABtA4DACKNOWLEGE RECEIPT OF A ITI0NAl ppSCIQSURES AND PAGESMLISTED INTHE SECTIO CONTRACT AT THE Of SIGNING, INCLUDING THE LLED DI L SCLOSURES, TERM AND CONDITIONS. ER BUYER CO-SIGNER CO 51GNER OR CO-OWNER t NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. a 2003 eANCONSIIMER SERVICE, iA BANCONSUMER rORM PA 23DOC-SLC 13/031 ORIGINAL • white • DEALER COPY . Canary • BORRDWER'S/CO-SIGNER'S COPY. Pink - COPY • Goldenrod 'To Credit insurance Company C? co I i - 1 rTI r v SHERIFF'S RETURN - REGULAR CASE NO: 2008-05775 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIAMOND FINANCE CO INC VS GRAY JANET TIMOTHY R BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GRAY JANET the DEFENDANT at 0017:40 HOURS, on the 8th day of October , 2008 at 413 GEARY AVENUE NEW CUMBERLAND, PA 17070 by handing to JANET GRAY DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Additional Comments DEFENDANT WAS NOT AT ADDRESS PROVIDED OF 423 GEARY AVENUE; RATHER AT 413 GEARY AVENUE. Sheriff's Costs: Docketing Service Affidavit Surcharge iol/ a/e F - - So Answers: 18.00 17 . 0 0 G Jar .00 10.00 R. Thomas Klin .00 45.00 10/09/2008 GORDON & WEINBERG Sworn and Subscibed to before me this of By: day puty Sheriff A.D. 2048565 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 DIAMOND FINANCE CO.,INC. vs. JANET GRAY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-5775 PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal Total: $8,069.40 $8,069.40 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: DIAMOND FINANCE CO.,INC. and that the last known address of defendant, JANET GRAY, 423 GEARY AVENUE, New Cumberland PA 17070. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. AND NOW, this day of 2007 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $8,192.90 as per the above ce !? . ?A _I,ZL _) r honotary GORDON & WEINBERG, P.C. BY: FREDERIC I. W INBERG, ESQUIRE JOEL M. L ESQUIRE Attorney for Plaintiff 2048565 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 DIAMOND FINANCE CO-INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. : 08-5775 JANET GRAY TO/PARA NOTICE OF INTENTION TO TAKE DEFAULT JANET GRAY 423 GEARY AVENUE New Cumberland PA 17070 DATE OF NOTICE/FECHA DEL AVISO: October 29, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 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 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: FRED IC I. WEINBERG, ESQUIRE JOE M. FLINK, ESQUIRE P10D-2 W LD C C= Z .. } r 2048565 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 DIAMOND FINANCE CO.,INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 08-5775 JANET GRAY NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. /X/ Judgment by Default $8,069.40 ?L Money Judgment $ ?L Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 HONOTARY 2048565 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE n Identification No.: 41360 a JOEL M. FLINK, ESQUIRE Identification No.: 81894 _ ?PQ 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 - ='- DIAMOND FINANCE CO.,INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. JANET GRAY DOCKET NO. : 08-5775 SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this 18Jan10, it is suggested of record that Defendant, JANET GRAY, filed a petition in bankruptcy under Chapter 13 of the Bankruptcy Code on or about November 17, 2009, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 09-08929. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY: FREDERIC . WE BERG, ESQUIRE JOEL M. F , ESQUIRE Attorney for Plaintiff 2Q I:71 , 948565 GORDON & WEINBERG, P.C. '11'�G RL BY: IdeDtificationlNo. : 41360 E Y AN/A ' r JOEL M. FLINK, ESQUIRE Identification No. : 81894 1001 E. Hector Street, Ste 220 E▪EE Conshohocken, PA 19428 484/351-0500 MEE DIAMOND FINANCE CO. , INC. COURT OF COMMON PLEAS EE- E CUMBERLAND COUNTY vs . DOCKET NO. : 08-5775 JANET GRAY EEE SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this February 17, 2014, it is suggested of record that Defendant, JANET GRAY, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about February 12, 2014, EME in the United States Bankruptcy Court for the Middlr District of M▪IMMINN Pennsylvania, docket number 1400583 . Therefore, this matter EEM should be stayed until further notice. GORDON & WEINBERG, P. C. BY: FREDERIC I EINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff