HomeMy WebLinkAbout09-4780IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
VS.
No. Cq - y,7g0 Czvt\ Ter"...
COMPLAINT IN CIVIL ACTION
WILLIAM TRAVIS ACHENBACH
NICOLE ANN ACHENBACH
Defendants
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt, Esquire
PA I.D. #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7331392
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
VS. Civil Action No.
WILLIAM TRAVIS ACHENBACH
NICOLE ANN ACHENBACH
Defendants
COMPLAINT IN CIVIL ACTION AND 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 an 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
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT
1. Plaintiff is a corporation having offices in 1 NATIONAL CITY PARKWAY,
KALAMAZOO, MI 49009.
2. Defendants are adult individuals residing at 73 SUNNYSIDE DR, CARLISLE, PA 17015.
3. On or about FEBRUARY 27, 1996, Defendants duly executed a MOBILE HOME
INSTALLMENT SALE CONTRACT WITHOUT REAL ESTATE (hereinafter the "Contract") in favor
of REGENCY HOMES INC, a true and correct copy of said Contract is attached hereto, marked as
Exhibit "1" and made a part hereof.
4. Pursuant to said Contract, Defendants took possession of the mobile home more
particularly identified in the Contract as a USED 1986 TIDWELL 70x14 SPARTAN.
5. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned
from REGENCY HOMES INC to Plaintiff.
6. Plaintiff avers that Defendants are in default of the Contract by having not made payment
to Plaintiff as promised, thereby rendering the entire balance immediately due and payable.
7. Plaintiff avers that a balance of $7,875.12 is due from Defendants as of June 29, 2009.
8. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to
interest at the rate of 10.500% per annum.
9. Plaintiff avers that the Contract between the parties provides that Defendants will pay
Plaintiff's reasonable attorneys' fees.
10. Plaintiff avers that such attorneys' fees amount to $1,000.00.
11. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or
refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendants, WILLIAM TRAVIS
ACHENBACH AND NICOLE ANN ACHENBACH, jointly and severally, in the amount of $7,875.12
with continuing interest thereon at the Contract rate of 10.500% per annum from June 29, 2009, plus
attorneys' fees of $1,000.00 and costs.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
SHALL BE USED FOR THAT PURPOSE.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
James C. W brodt, Esquire
PA I.D. #42
WELTM EINBERG & REIS CO., L.P.A.
1400 Ko er Building
436 Sev nt Avenue
Pittsb g A 15219
(412 4 -7955
W #:7331392
CONTRACT WITHOUT REAL ESTATE Cited P-e„L u a r ?r17 ,19 _e Account I
ANNUAL FINANCE Amount Financed Total of Payments Total Sale Rice
PERCENTAGE RATE CHARGE The atlNnt of credit presided The amount you YAN beat aid der you The total cast d your purchase on
The cost of Your crack as The differ amount the to you or on your behalf. have made W scheduled pryrnentL cnxk Including your downpryped
¦ yearly role. 000 wig cad you.. , outs 1.713.00
10.50 % j 14,854.80 $ 15,009.00 i 29,863.80 f 31,576.80
Year Puyswd SdNdule wS be.. Sane ft. Yea an giving a murky Imnd In the mean home ban purchased.
No. d Puyracttta Aoountut Pay owls WI M PaymedLAN DM
1 i Yon .be con l9 PomomC IfyeapayNearly,yeu M not has to pay a pndty.
f
FIN%Few: $ 5-rap
to OW. 0a psym t is stn, you will be ehargd 2%d ON pMnn tee paimal"W N isbla rb emntR or part it a Msdh DMw Dun 10 days, Dot it miwm unpit
AmmFu n: Summer busing your MAIN Nor tarndaruM IN tenasdr of an C~n the erighsal kr
San Before and my else fautrd domwAft far any addkbW ldred M about nenforrrd, default, My required ntpaymrd in ldi Man the schodu ed dab and Fwpsymrd rMrMs and
m nawN ee ,
PMINIBL Im Sts Cadnd. '
"see
tlN SELLFL ocr_ourV Ll(1NGC Tear 7fT00 real ?CI F PTKF CARL TSI F PA 17013
lot" `J /?q,(/ ?j Addiee Zip Gale
You an 4
the WVER(S).., WIII TAM T / NIGOLF A ACHENRACH 57 REGENCY N CARLISLE PA 17013_.
AddnNNol Zip Cow
?MYSES JOIMI AW SEVEUKL 11 Nno is more door ore buy,, each of you psalm seprabty ad tagdher, to pay N wpm on a and Is.
pdnm d epwmenta in this Cooked
TUIIDE-IN:
Yea have Mew Is
Ilia loNamig wNdE N/A S -t =!
Ype end MWe' Seen LAbwnce JO in. Nd Irdaln
N e Nana s dl wing n eea "bile Vou base lodod in, eee Seer d pay oil ft srreta your behalf. You warred ed npenat to a Not any
Imdain it free he Am, III s munbMM or musty intent. aeeptas slow above a Res amrrl'SM Deot"
PBOPEk" INSURANCE: You my ehoen Nm part Urreagh wheat museum s,ebdead spint ton or d~ b tlo Vehit ad agaba ENMITY
abet out as eae or a me" of Me V@h'dL D Yea WWn PNPKV issuance &NO us, Ae prim cab hr the MMM b m I Wicatd baler
ave WAWW In DN ante C" To ?repab faearaen Cnpq d tea OgMITATIN OF AMOUNT NMNCED sedbt it this Contact In the men
aNod 70UR PRONSFE AWUI IMWNANCf n the rwap side d tlii wYraq yet to Intarsmg m iawn the Yebide sal beD N ierd.
_ Mobilelle.n Dow
PhydalDemplnt f 15110f) Tae 12 Mom. l WAO f Tam -Mitt.
_ ComprdmsWm -DOW
M" ft" f Tee _MOL Pus asst $ I- Net.
_ Firwnd IOTAL
Than f Tre -a. CLNRILES s 19'2 nn
CREDIT INSURANCE IS MOT Ng1111ED: Crude Ub hrreacon is mot eoehd in obtain croft pad we at M pra,Mod pion Has sip Men'td
IF* to Pry Nr ddbuW CNL Plwe fed Not NOTICE D PROPOSED CREDIT OSIMAHM n the mnn aide. Year hrrMce eeMceb r dl
Wyoutab MANRNNdatonaldir wen ananblL
ON&UN lwrmr will _adbe prauidd _ be pfaidod far In tam of the crea _be pmMdhe esdAL
h siPlg.yea select Smtgia CsedNUhtoserrr, "wilm By sping, pan both nodal Joint Whd we
which mtaS apT_-_Yen Cmdk UbbDareANNchcmb$ Von' apsT
Rpuhe d Bryn to be insured for Siugie Craft tat lmmem y.
Z
fdpaMea d OoO Wtas to be impel st Jed pdlf fan Nrnace
h--
VEHICLE: You spa 10 prcbase, udw Ow err d DTw Cw&wL tea Mothg ,obis hope and an appab nraA hwnun, eoeipeenl and beach
which s abd W'Yebide" w Roble Iben" in Ds wound
NYU Year and Wtutchm Lino S WANK Cost A Medal Slow Number
u 1986 TIDWELL 70X14 SPARTAN TWINCGS12446
EAumpd
MO AS PER SALES AGREEMENT' -' - -- --
ASNDNEE: We nay asset this Gdrsd and Snob Agreement to the Assina mod in two section, which is the "Asfgnei V d sty Rae On
Ower d the Contract sealga the Denoted he maker s arm, an term tlr Nan to such dw mignon. ANr its Assiponl d lighe and between
of the Seer in thiCSMNCI and to the Security Agessa nt sMR belong to and be nfwrmbb by a* Anippe. TM Amount Is:
INUGRA BANK
=MN9: My peran dgehV des CpSroes Apwrd hew pad w 7prasNy ad ydnw wiO sg GSipWtAl ad Buyrpl, b MI •lf snr
h ndtopedomMatrec•N•binbs fadeoutCKynerWN dbasenwNLb Wade.
CO- MMEC AM Won sipbgthe "ner's Security NWMW balow gsn us a taste iNret in Me VaASle and gYeq epwdYy and together
with all Co OmFOf ad Bryart4, b prfonn IN sommu s s in the Security Agreement and IN dear put ef this Contract etcep the "Promise to PW
Neuan.
TENS: The hi m$ shown In the bar Wan as pet of On Cw&wL
IF YOU DO NOT NEE] YOUR CONTRACT
OBLIUTNM3, YOU MAY LOSE THE M=LE
MOPE AND PROPERTY THAT YOU BOUDLLT
VAIN THIS CONTRACT, AND/OR tWO ON
DEPOSIT WITH THE ASSrME
TMs Construct it often Sob, and Bryn. AN
docbnr s Mesa base mode by Sallow. SBW
mkndsb mike ban CMpan1 In NNAdpr.
tADILtloN U Amount Fiunced
Cub No hmMingSaks A Lutu7 Too
f 16-500.00
Cab Dompryrnent
i 1 713.00
Not TrtdHn
f N/A
Too Danpryrpd
S
Unpold Cub Pro Bottom
S 14-787.00
To Craft hmwmr npny
f N
To heprb hrrance C NPIM
r 193.00
o Public OIRaleh Iar.
anon and ftearW n
f 15.00
Lin Fen
f 5.00
To FlnnD CERT
f 9.00
le
i
T?
f
To
i
Arad Financed
s 15 009.00
Flenece emw
$ 14-R54,80
Tea d P.gon tram galena)
0
- 11 PgmNt SehWvlt - You agree to pay
he us the Amead planned ph. Internal is
180 ninWmo d mMNY
MYnreasdf 165.91
each, and a final payment of
f . The Red
permit all be des on r-Z R'
1994 . aid Mae wpecas
.IN be des an that onm by of nth mom
Mai
R ISE TO Pat. Yea ego to pay us the Total Salo No fa IM Whkle by mhing the Tdd SECURITY ASNEENEW: To saran the paypent .at all some don .mane el d
Dawpryma alt and Wet a Be Manuel Financed plus inure Yen pMdn to mks mysNnh required obligations under Ifs Contract yea e a mV1ky I.='M: h whet, In ch
M awrdence of Me PH Sobdule" You function to rM Mom* an or Men tea area Winces, trWwA pumped and flslrm talfia "acmMce") touched to the Vehkb d my
any d ach l a 0* first poorest due dust. You ague to pay W 64W .runs which my do, and bray proceeds d the VwAfcle, including insurance incomes. The Asdpron my
mal
bear Oea ssukr the ter of Rs Cadratl Yd epee to Coy the SeAr or A's amt d safety sd"pY Wr°° due lnc? Yniy sual 1 rNd 4onDet ?mti MtMedfubn M Gyp, fed with
wee Your an am le pry mo able mmmys' has it Saw or Ampam Hues on decoy b At k by yn. Action ma n Os whirl ray w or noun a yet.
eabct amoenis don arer No Centro or to watd or ad pewdse of mw Valdcle You apt ADWnHAL TENS AND CONDITIONS: THIS CONTRACT CONTINUES ON THE REVERSE SIDE
to rb mountain at the plant or to ed prymenh b tea eddnon wad eee Anipea eta YOU ARE ODUCATED TO ALL THE TERMS W THE CONTRACT WHICH APPEAR ON THE FRONT AND
raneady spwddn in the WNW rote on yea. REVERSE SIDES.
By drink below, eeapen to eB the Vehicle he yea umanr the err of Ris Contract NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK YOU ARE
ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO
PROTECT YOUR LEGAL RIGHTS.
T CI
SEILFA REGENCY HOMES INC. 'W"I" T 1. ISM 2
/ WdrEx>S ?n
BDYEIt1???V\ " 1 o Y1U ]n.h pDgt G1tG
C041GNZR'S AGRZZMLNT: YOU SHOULD READ TAZ NOTICE TO C041GMZR, WHICH HAS SEEN GIVEN TO YOU ON A BRYAN
ATZ DOCVMZNT,
BZPORE SIGNING THIS AGRZEMENT. Yoe, b pans fee pence) signing bales as •Co-Sigmc," proms" to pay w us am stem due as tit's Contrast and to preform an
apeerr in chi. Contract. You intend to be leppY bound by .0 the M- of fhb Copra, anparmly Sod toga W, with tea Bryn. You." making this promise w hid= a
taw otah Ch's Coonact with the Mayor, nit though art arm uee the proceeds only forth Buyer's benefit. Yon agree an pry me though w outy one have male Coy prior dead
for payonms outM Buyer`Icur om security, ew lrw(1t.,_ je I
Wes" w ?A SEA IJL' 4& A171,1.1.$1,
C04ipert Signature Adder Dana
(SEAL)
Co-SipwrV Syeatute Addms Due
CO-OWNER'S SECURITY AGREEMENh Yon, the patent sigdng below an 'C,Owenr,' weather with &a Buyer or eherwhic being all of tea Ownan of the Vehide. siw ea a
Sec-ity TaWeu In the Valtide idsta fieA above. You apes w be bound by DN terns of she Security ANeamnt ad all other parts of this Contra ascept tea "Prentiss To PLY"
action. You are siring as the -city inlateat to indent us to make this Centraa with the Buyer, and to saeard the psyn chl by the Buyer of aB sums due on"Contract. You will
em be responsible fer my deficimey, wMch might be due after reposecsdou srl eW of the Vehicle.
(SEAL)
Co-owner's Signature Addssa Duo
AT TI{E,1CEI- OF 114MI? CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED CO" OF THIS CONTRACT
on.l. sun- FA COSIGNER OR CU MER
EXHIBIT
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION.
f1RIAINAL TO BANK . NN ecnnrmNl "AI'
ADDITIONALITERMS AND CONDITIONS
HOW THE TOTAL OF PAYMENTS IS COMPUTED: TM Total .1 Payments is the sum of tle
1 12. QUA BIGUTS IF YOU BREAK YOUR PROMISES ABOUT THE SECURRV INTEREST, VEHICLE
.
Amount FinsecN and the Finance Chirp. The Finance Chirp consists solely of interim OR INSURANCE: It you fall to keep your pranses to pry RIMS fees. taxes, tans or the cub
computed dairy so IM subtending holu ce of she Anoint Flmnced. The Finance Charge shown mnwy to keep IM Vehicle In pod cmdidm and rapes, we may advance any no" yaw
an fill ham side ties base computed an Ne awenpfim that wa will rnceiye all payments an in* Pramsed to pay. If you fail to keep your promises idaid reused insurance we may Aamo
Scheduled due Mss. money to obtain lewrene to am lots or donlap Is Do Vddok. We haw the chains of whose
2. COMPUTING INTEREST: We all charge informal en a deny be* an fire sub o diry Marne or rid to advance my money for No popdea. Such Insunna win be Wmpd b an amount not
Muter Bun YOU ewe um this Contrail We wig add any money we adyarm on year behalf to the
subject te weress an each day of Oe Inn tem. The daily iaterest into is moil to be Ammal balance an which we Impose flhanoe Charges at the Actual Porattep Role of this Canna
Percemap Rate divided by the number of days to that calendar year. swro , even had Yw apse to ropey the mnry advanced a wt vim may specity; W Immdll* on demand. or
beam intend is cakebted an a daily bus, Late payments wit mull In additional interest eking,
with
p
a bed
a
V tea
to R
PY Vb
O
i
U
W. U sp*Abl% a We clytrge). Early paymmb mill mull In lass Internet being charged. Early h
fl
6
on
larris
m
of thm
O
m
n
r mot
tit%
and/. W payments, .0 cam the amount of like Mid payment Is ehallp. ye
p have to repay. II any d Our right sleled In this parepeph is at psea iW by low, am stl
3. LATE CHARGE: Buyer agrees to pry a file chirp fa my payment not made within 10 days have the ibis rights mntwad. Our payments on your MMH will rem cere your failure to
after its due dab. The ads charge ml be 2% per mmM an the unpaid mount of Me aymem- perform yWFpremonis he this Camrict. TM promises you made in rip mom urban cater
IN wM adder soy pad f a month in ascent or 10 ay$ to be . hen awrih. The Lab chirp wig YOUR PROMISES ABOUT THE VEHICLE and YOUR PROMISES ABOUT INSURANCE all our
be rigs when amid. Ile life charge win be des It the mMn that V. payment Is m id beCAUau. rights under Not ncro shag rot loge with any judgment entered in any legal actin and slit '
after "UP, the entire erMerding balance an thin Comrncl is due. No kit chains win be due k apply unW am.mouns mad are Paid In MR
the Rely eeesm that the ayment Is late ls balm of a but charge amessad an an earlier 13. DEFAULT: In this parapaph "Tots" mans Me Buyer, Op-Sipe, led CoAmn, or any on of
aymmt than. You wit to in "Deaver of On Contract ill any on K mom or the blowing things happen:
e• APPLICATION OF PAYMENT&' We will apoy payments in the IeWwing order of preriy: a. You do rot -be any aYmml m so bOKoJI Is din;a
interest lea Chirp& less all then prlnlpd. b. Yat do red deep any Premise yn me& in Ohe Cmlimct K
S. PREPAYMENT: You may prepay, In fu0 K In pK the oounl owed an this Cmtnct at any c. You do set deep any prams. yes made in ananhr Contract Note, Lan K Aemmmt will
Om ~ PM4. N 10 MM the Contract in arL you IVN if wilngs b make MVMY
scheduled payments men you pay an Im gmU des mWr this Note. This will red= the windows Wear or Adpes; er
Yat mere ml untrue stsemenl to tle cradil eppGedbn for 111letonraet or
It
of payments you will make. If yen prosy in INN, we VAN refund to you any umarned credit e. You committed my forgery in amHclion with this Contract K
insurance prlatwm you Pont I. You din, are Convicted d a trim inwsiel find K eshendy, K we surd by a court will,
it
W lu(Wftm to do an to be tncapncfuhid; K
S YOU file bankruptcy in IaaMney pKeedlnes, or answer Ales bantrapby or inatmrcy
WAIVER BY SELLER AND ASSIGNEE- We and Ami4nes waive m deal to treat any propetty
a lostow i•p $Son' Vol or-
a security for IM raymem of this Contract, mast for the Vehicle and the other security h. YOU take ft Ythule wake the UMO St" d Canada sMowi ma, *slow commit, K
spNMavy am"" In the ewowL
C"GNER AND CC WHEN-. YOU agree Is make all payrenss on or
b. WAIVER$ By BUVfR I. You gsa the Vehicle ar elm mmeon else to are A in a way tlet.uses A net to be covered
,
liable they am der wRIta1I oar halts to Ask You Ova up any HIM you may have to regdn . byyoua no urancq or
L Mau de something bit Causes the Vehicle to be wbjent to cemMcatim by pvetmmut
that a elderce, oar rights sptnst acme amar person ar propa y before we enforce our fir" migun ilq OR
stand YOU. You AWN that we may glee up our rob against fora other pomp but nct agaad
adection end all debru based gen. suretyship all Impakmm
You elm des dilpncd In
you k The Vehicle is W. stolen, destroyed or damaged beyond economical repair, and not fixed a
,
.
of Collaborates Moody. .,it wthin a raaraeeb . toe; K
L ACoMer creditor tons In tell. Me Vehicle at your money an deposit with Adpee by legal
7. INTEREST AFTER MATURITY AND JUDGMENT: Interest al the rate provided in this Contract prices.
shot closings to aurae a the unpaid balm WEI paid In lot, even after maturity and/or ehet 14. OUR RIGHTS IF YOU ARE IN DEFAULT Of THIS CONTNACT: It you are in Defeat of this
sus gal a judgment apiest yin ter the mwunh due Thisinn apply even R the maturity aCma' Copheet we may enforce our riots gaording to new, alter we hove BURR You any applicable
because of aa.kn5on. II it my Una interest a provided for in thin pmir*k is rem anilted notim-ard/a right to axe a meaning by law. We my also a the Usage specifically, mmNaned
by Law, lord stub awes at ft hlahd rate.Ummd by applable low beginning atAhal me.
in Its Contrail. We seal de aneef Nye thing end sl the um ome a laser de matlw. Sam of
1. "OR PYOMLSFS ABOUT OUR SECUNITY INTEREST: Too will AM permft anyone other than are the things we my dad are the leCowuT
to obbIns hardy interest K ether rights in the Vehicle. You will pry it filing Into necessary for
ny
a fusio
r'
i
IN V
hi
Y
t
I
l
i a. ACCELERATION: We an dmard that you pay to a theenMa unpaid bottom owing on
the Contract and it unpaid Fiance Charges and other minus des. You agrei this yen net pay
Ass
ou a
us•
e.
s
n ou
d maintain our security Intel
n
e
c
a to obtain ac
scarily interest noted an Me con fiute at Td* to The Vehicle. YOU wit red sell or have away the this money to a to Un wurple payment idnmdsley upon morning our demand. -
p
Whnle. If mesas pus a lam ee the Vehicle, you win pay Ihi ohi ption and clear the lien, prohiblead by fa.. We on do tins
h REPOSSESSION: We fan repm m the vehicle, unless
9. YOUR PROMISES ABOUT IN[ VENICLE: YOU RAN keep it* Vehicle in Sped corm and mnMvek have a gwXfled Palm do it for us, ar Ilan a premmeM OffsLI (by replevin) de it
is Ill. YOU age EM we can mclubly an m to your property to do this. We may bit. any
repair. YOU UM pay ON team Ind charges m the Vehicle. YOU ell pay sV toss at naintelnag the otbel snap found GI the Vehicle, out wiN retgsm YIw tMdgs te'yat N'Ya ark. N yes wsMthw '
Vehicle. YOU wiN apt plane Ve Voi isle w permit anything to be done to the velacl9.wWch wig
You wit not use the Vehicle to ikph
ce 16 vain
abler Man for tamal wan' erd on
red n
ml
ed
I
i
I
W
it u
Wail
.
,
u
purposes a far hire a Wa.Yau A not a the Vehicle from your address shown Our the hunt y clai
a
up
You ceph that we may
um
our
to theme thap.
un
s this grow, you give
iuese Oita in nassessdnt the Vehicle and test N to a plaa far sbrage.
of this Contract b a near platennt pint-wl# W eetlying Us in Advance. You will permit a he t VOLUNTARY DELIVERY: We an Oak you to 0. us the Vahde d. masnby Convenient
inspect the Vehicle its" Immutable dm. YOU-Wee ah the Vehlck win stall ti sit mW tads Place. You alres to Shia Us OyVon it we ask -
Compact I. SOW in lull, Ransil PerMal properly. Yau apes to place tie Vehicle in each I •m d DELAY IN ENFORCEMENT: We an delay enforcing our rights uidmths Comrct withum
that it an bentemed without suistanhal.pup ar lmpatnwlt at its Valet H YOU Phil to place
' We, amy rights.
.
s Wahw satisfactory to a
the Velpcte on A promsm you an leusw,.yw mud mater a landlord
The Landlord's Wailer mud peril us to enter ou the premium Oad to reassess the VehkH it a 15. SOME THINGS YOU SHOULD KNOW IF WE REPOSSESS THE VEHICLE: If we repomus
ban the right to do m erlder this Contact even U YOi an in deficit of par teas. You.lpea that
perform, your premises under the Contract even R the Vehicle lost damaged K
YOU m without using a Government official pry replevin):
a NOTICE: We wit ford you a Notice of Repsassim to yqur last addma we knew about.
eed. This Notice wit the you how to buy back (redeem) the Vehicle. This Notice will ten you other
10. YOUR PROMISES AIM INSURANCE: You will keep the Vehick insured against fro, sere .
' Iebrmsim rqulmd by law.
De
YOU MN the rill
at ho Um isWafa n gsU the VetMe. O Yquo,
6 CURE:
we
.a V.Vki. Will .N sum des us
all usor in-& wgakld r%,h pwwi con onpay immure ern at
t witramaln
h
not
occernmad.
though the
Out t
a
You an your Pal.un ,
the
am paid in IWL The insurance ceranp must be mtidacbry to us all protect your ielerab and e Ve
hiclle e
with 1 l5 5 din of
days
fredewal the Vehicle
REDEMPTION: hata to buy the
at have e the d
Y
i.
our alemsb at On film of any lesurd tem. The MNrame mud nm'us as "bbpayN" an the , lm we e.
lone befog we Me dtUt
den and at any him
nl
A
ts AL Nance d
policy, The inuranm and be wrUhn'by m William Company ggslilLad to do brines In o
u up p
i SALE: II not cure
an
and
you do o data
redeem, you
to
vowivill
no give
claim
Pennsylvania and Ronald to let lawrela In the ate where the Valid. is permanently kept ens to ay
dsua
TAN M a and to
n re to
nses. pmss,
s and
expe
all
at ask e will ay costs
the Vehicle. TM matey received
The nuurenc. P NCY must Provide me with it least 10 deg prier WON noun of any uneWGon Cargoes.
the amount
me m this
K reduction In co a runt On request, you $bad deist, the poky in aHw millions, of Insurance .
. SURPLUS
tEURPW40R DffIC1INCY:If MK.smney kH, we wiM1 pay Nmlhe Buym.NMera snot
rerapm ue.In the .-A of any lentKdement 1. Dim Vehicle, yawill imnedslety many ua
co
enough may tmm the sled pay what you oft Buyer and CcSigxu mom to pay what is stih
wilting arid fee a prow of loss with the lnw. We may file agent I loss on your Whpll 0 you owed to a,
tat or seethe to de let Von ma name to an chock disk at **I instrument we
y enperm your s f. EXPENSES: We, have the right to charge you, and you agree to pay the cost. of
receive In payment of an Inured ads or return inmrame premium. We meal apply any np=entng, station reasag,.pnp Ling for ask red MMng.the Vehet. as may be Mbd by
insurance proceeds we reciivd to repair or replace the Vehicle if, in our opinion, It is Law Than caps wit way be dm it.
etmomh0y Ieouble and you we not than in default under this ConUact Otherwise, in will 1. Delealeateds Dim 115) dap al the Used repossa7ion;
apply itN Instance phoods to mdmm the unpid balance due a 2. The 4- M Of ceps are scull, neamsry And mseable; and
Ii. DUN PROMISES ABOUT INSURANCE: lhs pragnph applies only 0 we haw attracted to 3. We me pow the toss were paid.
purchase physical damage, tarmprW*mi., re a d/w than I suraue at your expense all the IO NEIn AND PERSONAL REPRESENTATIVES BOUND: After your death, this Contract NO be
preubto has bell included in the Montt Fi lend. N does not apply to CIO" Itsmante.0 you anlate.hie against your Min aad permit repragsnh6ws of your nine.
many the will On on this Contract unit= You spKGicety request ancehsion, the tnwrancl 17. GOVERNING LAW: This Cpnuact is to be Interpreted according to she He of Pennsylvania
will .We a efiled % ibaCobaled ecatlahaw dale 11. rho in .- war ehhined son you I. SEVERAGILITY OF PROVISIONS: ff for any reasm any art at lla Contract shall become*
IN
Carolled by the insurance comp.wy print to its KhedgW expiration ate, we win ofternpt to .
Nbgal vak a -enbtcNbk, lh ply than red ha 1 ail ot 1hisConrlct.
ohm comparable heraw" -Ali ndher a111rtlla egmpyny a your bahoi all pee you a on
of my ksu rote policy we obtain an yaws behalf. If we are on" to do a% we w01 Irohy you that
:
IS. ASSIGNMENT IV MOVER: Buyer shag net also Ihls Contnet
lmel .n apnl a broker at your choke. If replacement
you and obtm replece ad awrame 19. THERE ARE NO WARRANTIES ITT SELLER, EXPRESSED 01 IMPLIED, INCLUDING THE
,
Involve. nsms M additional Cosb ro you for the unmpired period of the original insurance WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNLESS
potty, OR nig neimbun , you fair the ass. WE RAVE.GIVEN YOMASEPARATE WRITTEN WARRANTY.
NOTICE-ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS S UBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
ASSERTAGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY
HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
NOTICE OF PROPOSED CREDIT INSURANCE
The siprero) of this Contract hereby take(s) notice that Group Credit L& tnsaance cprenp wit be applicable to this Contract U M marked on the front of this Contract end to
comae will be writen by the iemMrnce company anted. This insurance, subjed to acceptance by the insurer, avers only the person a person slow& the request fK such
Insurance. The amount at charp is indicated ter the Credit Insurance to be purchased. The term of insurance wdl anmence a of the date the Indebtedness is incurred and will expire
an the anther scheduled maturity all of fly indebtedness, ualw a shoder form is so marked on the front of this Contract. Subject to acregance by the insoer and within 30 days,
then wired Ne delivered to the inswO debtorW a cerfificate of insurance mom fully, Describing the insurance. In the event of preaYmnl d the IndaBbdness, a refund of insurance
charges will be made when due.
Nm IGL: aft ill MILK mot run Iw•mllwwl rnrWmlllwn.
THE PROVISION BELOW IS NOT PAU OF THE PENNSYLVANIA MOBILE NONE INSTALLMENT Ulf CONTIACT BETWEEN THE BUYER AND SELLER.
ASSIGNMENT
To induce you. the "Assipm" WMFed an the face of this Contra. to arch m the within Correct the Seder hereby warms and repreams, ell continues to stafnn ard represent that the
sale bet been mea In strict anfar" oft e0 applicable bodent dab and but laws and roplalsns, adudmg, but not limbed b Article 2 of the Peansylvarie Unbrrn Commercial Cede (13 Pa.
CS.A $52101 at sett our Urk to the Contract all the Vertical covered thereby is absolute, free of a lien.. mcumbanns and security interests. and is swebut any in ahe rights of the Boyer as set
forth i"n; to Contract is gentm, Hit 31muffos thereon we hill fcrpries, from from the ass of the VehuN Hunts dencribed. and all plUes 1Mrsto am, of full sp and had upacky, In antract
the deacriplim of the Vehicle and eahe equlpmem Is comphib and t~, the ash dmnayment and/or hade+n segmena were actually removed and n part themot claimed of dotes, ped-asb
chock& *at credit advanced by an to Buyer ar sebaW a sillAw payments hose is to she Buyer Oa arro mawlmhser madams -my ..ohm .t OR a pad .1IM dmnpaymealt; all "-.Doane
statements Went are true; Iherj is ANt UleremAht Amount Aniinced pia;Imengl al the Annul Percentep Rate of the Contract am forth domain; we an door tansad under law P.R14*4019
Moser Vehicle SUN France Act end tan duty Coupled with it r.quriloved Winnspect to m bamacon and wish Not federal TluMio-LndurNAil and with any after federal a dale it.,
rub ar repAedon applicable to aims Contact a mobile ham life ortifiule spewing a lien at encumbrance in lam of A=iegse bas ham OR will be applied for promptly; the Buyw(q named In the
WUhtn Cmbd is (are) penmady krewnte Ihe.Sdlerte be Me•mme mnHul pm *q what sipObrwabpis (art) {dire it this Contract and=.1-gdp+f fob, IppairiRg the vpift a
Yet" of she Cmtract. If my such WwmGes K nprsamaten souW be-brmchdd at myth, Sellmild! TepaCOsE mod Cantrncl hen an demand, and wig Opmfarl in comb the
easunt owing thereon, ampubd is set forth balm, ad mid remedf shall be Carmuwbn and not nduava, mad *A rot aKKt any olhar right or remedy that Asdfiw adeht hem N stair I. equity
ephwl 500. In the oven lot Sq. ha Or sdusas to make any p.YmeOt due hermader an fly asiorfan, INher eras or written, that the Vehicle is defective. not s represented to Be Owner by
Seller, in that Situ rtin- to tow any wenmtr a service agreement of Seder a manufacturer, Staler aims 0=tm being advised by Amigsou of Nth claim d Buyer, War well mi urchom the
Contract heat Aiftm mod pay Aftigom for some Immediately in ..-do- with the Ipurchsa tams fat forth below and S.W., hrtlw agrees to hold Assigme hormlem Iron my Other chihie of
Buyer, Including atho nshre fees, cash and expenses incurred in defending aesid I km -,led by Buyer -ad Including dam nor refund of payment. mode by Buyer to Amipua. It tlk Seder
mntrach to purchase property Insurance on behalf at IM Buyer, and that Insurance is concokd by On Insurance company prior to to scheduled explnslon data. Cieihir wit attempt to piece
mnpamble Covemp With anther insurance company on behalf of the Buyer. II SOW is wabk to do u. Saar will may Buyer and pay to Buyer prey ddW.nei cob amrrd by The Burin in
obbining ovieceumt lewnhce for the uneaplred Period of the original inuruce poky. By dtevMng ills Contract to the Aetlpe. and mCeptiM paymnal her it, Selby wtlerieas the Aeelpee N
Colnpleb m correct the NenOcaon of the Assime in thle Assignment to rations to true Assignee who purchased this ContmL and/or to sip Senses nmn Is this Assigw ooK without recur!, if
the AedWum l has ham ddwame withost Seals signalwt - '
In the awn that Selkr is required by this Assignment to repurchase the Colltnrt and/or Vehicle , Sell shag pay to Asipee. In cash, sheMl unpsk balance d the Contrad as of the ate of
narcbam,= any then Owned Fbnlnce Charts and any and all Coss and expenses paid or Incurred by A=Ipa in respect Moen, including nasanable aMOmye lees, in emneeffm wish eleuee
by or stood any Bum, Owner K persess to possession of de Vehicle and/ar by or against Setkr.
Far value received, Seller Formby sallk issim and Immmkm unto the Asdpm, is successor and asWgns, the within Contract it maeet due and to become dm thereunder, and it right line
and interest in Bad to the Vehicle Hwdn described, with lull power in the Assignee in Ili m am ante to take such Intel or older action which and mot haw taken saw for this Aue..K. Urdea
Sehr -arks either of the mdonemmls been, OW "WITH FULL RECOURSE" m "WITH REPURCHASE," SeNer's assignment shalt avoid for the pnmsioas of the paragraph WMd'Amitr mint" be
1H FULL RECOURSE-Salter agrees that In Unclean W the paragraph ion titled "Assignment" in the event of Moult by Buyer in HW left pm'mont on the dug date thad of any Awslbmmt
payable under the Contract ar in the prompt pehoratm m dairy other obligation to be performed under the Contract by Buyer, SOUSr will, a demand by Auigrm. forrwlle mpumh m Mw Cmod
Imm A tipm for a repurchases price, in cash, computed me set forth above
13 WITH REPURCHASE-Sher teems that In addition be the provision of the paragraph show ftkd "Assignment," in the avoid at any delwn by Guyer which dal mugs Aasig ee to mg mm Ue
vehick Seiler wit it the vabkk is mpaseoW by Asipm ply delivered to Seltee, AM without regard to the Ihen fKwdithn d the Vddtk rardwth npothut the Centria Wit the Vehute Iron
Ampm for . repurchase prio, in Cash, computed as eel forth shout
By sitnina we epee b Ue s of the migemmL
Salk, I-lic,04~ Date
`.
UNCWlNEA ierm ft t431C WWI l/
4
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904
relating
to unsworn falsifications to authorities, that he/she is Kristy Mc Kenna
(NAME)
4picyAd oof'' NINO N , plaintiff
(TITLE) . (COMPANY)
herein, that he/she is duly authorized to make this verification, and that the facts set forth
in the foregoing Complaint in Civil Action are true and correct to the best of his/her
knowledge, information and belief.
4NAATU )
WWR#7331392
C )
F•• ?.., ..., .. . ;_?;., gym.
?I
i ""FlqY
OF THE: i
2069 17 P i I2'
# *718.50 Pa ATTq
e? 8514139
R az ias
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy Y
Jody S Smith
Civil Process Sergeant OMCE i" z "E 5"?RIPF
Edward L Schorpp
Solicitor
F
F11
T
Ji ! IC C 1V slt :`?
2009 Nui 0 -- 2 8
National City Bank
vs.
William Travis Achenbach
Case Number
2009-4780
SHERIFF'S RETURN OF SERVICE
07/22/2009 03:30 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 22,
2009 at 1530 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: William Travis Achenbach, by making known unto himself personally, defendant at 73
Sunnyside Drive Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time
handing to him personally the said true and correct copy of the same.
07/31/2009 08:29 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 31,
2009 at 2029 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Nicole Ann Achenbach, by making known unto Donald Hartman, adult in charge at 57
Regency Woods North Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same
time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $44.20
August 03, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
pu y Sheriff
NATIONAL CITY BANK IN THE COURT OF COMMON PLEAS
.Plaintiffs CUMBERALAND COUNTY, PENNSYLVANIA
vs
WILLIAM TRAVIS ACHENBACH
NICOLE ANN ACHENBACH
Defendants
NO. CI-09-4780
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
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
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
7171249-3166
NATIONAL CITY BANK
Plaintiffs
vs
WILLIAM TRAVIS ACHENBACH
NICOLE ANN ACHENBACH
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERALAND COUNTY, PENNSYLVANIA
NO. CI-09-4780
ANSWER WITH NEW MATTER AND CROSS-CLAIM
1. Admitted.
2. Denied as stated. It is admitted that he Defendant, William Travis
Achenbach, resides at 73 Sunneyside Drive, Carlisle, Pennsylvania, 17015. It is
believed that the Defendant, Nicole Ann Achenbach, resides at 57 Regency North,
Carlisle, Pennsylvania 17013.
3. Admitted.
4. Admitted.
5. Denied. According to the terms of the Installment Sale Contract.
The contract was assigned to "INTEGRA Bank".
6. After reasonable investigation, Defendant, William Travis
Achenbach, is without sufficient knowledge or information to form an opinion regarding
the truth of the averments contained in paragraph 6 of the Complaint and proof thereof
is demanded. Defendant has not resided in the mobile home and has not been
provided statements for some time.
7. After reasonable investigation, Defendant, William Travis
Achenbach, is without sufficient knowledge or information to form an opinion regarding
the truth of the averments contained in paragraph 7 of the Complaint and proof thereof
• is demanded.
8. The averments contained in paragraph 8 of the Complaint are
conclusions of law to which no response is required.
9. The averments contained in paragraph 8 of the Complaint are
conclusions of law to which no response is required.
10. After reasonable investigation, Defendant, William Travis
Achenbach, is without sufficient knowledge or information to form an opinion regarding
the truth of the averments contained in paragraph 10 of the Complaint and proof thereof
is demanded.
11. Denied. Answering Defendant has been out of the residence for
some time. No such demands have been made to him.
WHEREFORE, Defendant, William Travis Achenbach, urges this
Honorable Court to dismiss the Plaintiff's Complaint.
NEW MATTER
12. Paragraphs 1-11 above are incorporated herein by reference.
13. Plaintiff has failed to establish that the Installment Sales Contract
has been properly assigned to them.
14. Plaintiff has failed to provide an accounting as to all payments that
have been received and how the current balance has been calculated.
15. Plaintiff has failed to pursue other remedies, specifically
repossession and selling the mobile home.
WHEREFORE, Defendant, William Travis Achenbach, urges this
Honorable Court to dismiss the Plaintiff's Complaint.
CROSS-CLAIM
16. Paragraphs 1-15 are incorporated herein by reference.
17. Defendant, Nicole Ann Achenbach, has been in possession of the
mobile home since October 5, 1998.
18. Defendant, Nicole Ann Achenbach, was to make payments on the
Installment Sales Contract.
19. If any amount is still due on the contract, it is the responsibility of
the Defendant, Nicole Ann Achenbach.
WHEREFORE, Defendant, William Travis Achenbach, urges this
Honorable Court to enter Judgment against Nicole Ann Achenbach for any amount due
and owing to the Plaintiff.
Respectfully submitted,
NEALON LAW FIRM, PC
Date: Elio loct
Ja a G. Nealon, III, Esquire
1. 11. 046457
2 orth Front Street
Harrisburg, PA 17110
717/232-9900
VERIFICATION
I, William Travis Achenbach verify that the statements made in the foregoing
Answer to Complaint with New Matter and Cross-Claim are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
r
Date: n `t `Ud?
WILLIAM TRAVIS ACHENBACH
CERTIFICATE OF SERVICE
AND NOW, this day of ?LJ(4USJ , 2009, 1 hereby certify that I have
served the foregoing Answer with New Matter and Cross-Claim on the following by
depositing a true and correct copy of same in the United States mail, postage prepaid,
addressed to:
James C. Warmbrodt, Esquire
WELTMAN, WEINBERG & REIS
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Nicole Ann Achenbach
57 Regency North
Carlisle, PA 17013
J*n4s G. Nealon, III
OF THEE !T CIMOTARY
2009 AUG 20 AM 11= 19
C " y
,N A
~~~Q 'l~f fifvC
')~ TNw ~~'~Tu'~~TARY
201Q J~~1 i Z a~ 4~ 0~
Cl,~f ~~- :~ 1~~~~~TY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE~%>=''V~I~~,4
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
vs.
WILLIAM TRAVIS ACIiENBACH
NICOLE ANN ACHENBACH
Defendants
No. 09-4780 CIVIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
AS TO NICOLE ANN ACHENBACK ONLY
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA I.D.#47437
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7331.392
Judgment Amount $ 9,260.25
~~'~.00 PA p7f~/
~~' ~~ i~8
~ d3(o ~gCo
~~~1C2 ~Q~,QQf
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
C1ViL DIVISION
NATIONAL CITY BANK
Plaintiff
vs.
WILLIAM TRAVIS ACHENBACH
NICOLE ANN ACHENBACH
Defendants
TO THE PROTHONOTARY:
Civil Action No. 09-4780 C1VIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant,
NICOLE ANN ACHENBACH above named, in the default of an Answer, in the amount of $9,260.25
computed as follows:
Amount claimed in Complaint
$7,875.1.2
Interest from Ji1NE 29, 2009 TO DECEMBER 16, 2009
at the legal interest rate of 10.500% per annum $385.13
Attorneys' Fees
TOTAL
$1,000.00
$9,260.25
I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA
R.C.P. 237.1 on the dates indicated on the Notices.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: _~
William T. Molczan, quire
PA 1.D.#47437
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7331392
Plaintiff s address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 73 SUNNYSIDE DR, CARLISLE 17015
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
vs.
WILLIAM TRAVIS ACHENBACH
NICOLE ANN ACHENBACH
Defendant
TO:
NICOLE ANN ACHENBACH
57 REGENCY NORTH
CARLISLE, PA 17013
Date of Notice: ~~
Case No. 09-4780 CIVIL TERM
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 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 SOUTH BEDFORD STREET
CARLISLE, PA. 17013
(717}249-3168
WELTMAN, WEINBERG & RE1S CO., L.P.A.
By: ~--_ --
Mattr~ban
P.A.I.D.# 90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
7331392 A PIT PPJ
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
vs. Civil Action No. 09-4780 CIVIL TERM
WILLIAM TRAVIS ACHENBACH
NICOLE ANN ACHENBACH
Defendants
NOTICE OF JUDGMENT OR ORDER
TO: ( )Plaintiff
(xx) Defendant
( )Garnishee
You are hereby notified that the following
Order or Jud ment was entered against you
on !02 /O
(~) Assumpsit Judgment in the amount
of $9,260.25 plus costs.
( ) Trespass Judgment in the amount
of $ plus costs.
( ) If not satisfed within sixty (60)
days, your motor vehicle operator's license and/or registration
will be suspended by the Department of Transportation, Bureau
of Traffic Safety, Harrisburg, PA.
(xx) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
(xx) Default
( ) Verdict
( ) Arbitration
Award
Protho tary
B : /--~~
Y
PROTHONOTARY (OR DEPUTY)
NICOLE ANN ACHENBACH
57 REGENCY NORTH
CARLISLE, PA 17013
Plaintiff s address is:
c/o Weltman, Weinberg & Reis Co., L.P,A., 1.400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 152 ] 9
1-888-434-0085
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
Case no: 09-4780 CIVIL TERM
NON-MILITARY AFFIDAVIT
vs
WILLIAM TRAVIS ACHENBACH
NICOLE ANN ACHENBACH
Defendant
The undersigned, who first being duly sworn, according to law, deposes and states as follows:
That he(she is the duly authorized agent of the Plaintiff in the within matter.
Affiant further states that the within Affidavit is made pursuant to and in accordance with the
Servicemembers' Civil Relief Act (SCRA}, 50 U.S.C. App. § 521.
Affiant further states that based upon investigation it is the affiant's belief that the Defendant,
NICOLE ANN ACH~:Nt3ACH is not in the military service.
Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data
Center (DMDC), which states that the Defendant,
NICOLE ANN ACHENBACH is not in the military service.
Further Affiant sayeth naught.
~~~
F IA T
SWORN TO AN~BSC.RIBED in my presence this '((;r~day
of DECEMBER 2% 0(19.
ARY
~Ht~AAAfjM~ ®F i~NNS1'I,.VAMIA
Mot~rW ~~ ~"'~
weY~e A. dotw~, N~Oary PubUc
Mr~Coammlwpn AM~°J~~ Ito
Member. n otarlss
Request for Military Status
,Department of Defense Manpower Data Center
t. ,.
E Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Dec-16-2009 09:49:43
Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service
Agency
ACHENBACH NICOLE Based on the information you have furnished, the DMDC does not
ANN possess any information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the information that you provided, the above is the current status of the individual as to all branches
of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast
Guard).
~. ~,-~-
Mary M. Snavely-Dixon, Director
Department of Defense -Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§
501 et seq, as amended) (SCRA} (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940).
DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced a small error rate. In the event the
individual referenced above, or any family member, friend, or representative asserts in any manner that
the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly
encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL http•//www defenselink mil/faq/pis/PC09SLDR html. If you have evidence the
person is on active duty and you fail to obtain this additional Service verification, punitive provisions of
the SCRA may be invoked against you. See 50 USC App. §521(c).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a
middle name), you can submit your request again at this Web site and we will provide a new certificate
for that query.
This response reflects active duty status including date the individual was last on active duty, if it was
within the preceding 367 days. For historical information, please contact the Service 5CRA points-of-
contact.
https://www.dmdc.osd.mil/appj/scraJpopreport.do 12/16/2009
Request for Military Status Page 2 of 2
More deformation on "Active Duty Status"
'Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a
period of more than 30 consecutive days. In the case of a member of the National Guard, includes
service under a call to active service authorized by the President or the Secretary of Defense for a period
of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national
emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR)
members must be assigned against an authorized mobilization position in the unit they support. This
includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a
Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health
Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a
period of more than 30 consecutive days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active
duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate.
Many times orders are amended to extend the period of active duty, which would extend SCRA
protections. Persons seeking to rely on this website certification should check to make sure the orders on
which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report
for active duty or to be inducted, but who have not actually begun active duty or actually reported for
induction. The Last Date on Active Duty entry is important because a number of protections of SCRA
extend beyond the last dates of active duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights
guaranteed to Service members under the SCRA are protected.
WARNING: This certificate was provided based on a name and SSN provided by the requester.
Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:CIQGEU7PAG
https:/lwww.dmdc.osd.mil/appj/scra/popreport.do 12/1612009
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TO THE PROTHONOTARY O
IPE FOR
LISTING CASE FOR ARGUMENT
typewritten and submitted in dup7~-sate)
CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court-
CAPTION OF CASE
(entice caption must ~
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denurr~' to l ai nt ~ etc _) : ~~ ~p~~
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all parties in writingY`?~~ ~° days that this case has
I wa.]1 notify
been listed f r argum~-nt.
Date: ~ b I ~ V
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CERTIFICATE OF SERVICE
A true and
copy of the Praecipe for Listing Case for Argument has been served by
U.S. Mail, Postage Pre Paid, on !~ day of , 2010 upon the following:
James Nealon,]
2411 North Frc
Harrisburg PA
nt St
17110
Benja in ibler,Esquire
PA ID# 93598
Weltman,Weinberg & Reis CO L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
IN THE COURT OF COMMON PLEAS OF CUMBERAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK,
Plaintiff,
Case No.: 09-4780 CIVIL TERM
vs.
WILLIAM TRAVIS ACHENBACH
NICOLE ANN ACHENBACH ,
Defendant.
ORDER OF COURT'
AND NOW, to-wit, this day of v 2010, upon Plaintiff's Motion for
Summary Judgment, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said Motion is
GRANTED and Judgment is entered in favor of Plaintiff for $7,875.12 with interest at the rate of 10. %
per annum fro June 29 200 , 0 of , t7 ?' rest LTC ?
2J7 t I- L 1 G ?i Z r 2 G 1 ?/t C1 ej`6 ' ? S
Zti1it o Z ?J tt e '?? ?! l h..
e) p s °c)• v® 3 F I +, S p L o sS
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A4y 'R. 31 1 6z.--
WWR No. 7331392
D
N
C
N
w
BY THE COURT
Copies to:
Benjamin R. Bibler, Esq.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
James Nealon, III, Esq.
2411 N. Front Street
Harrisburg, PA 17110
1 e_ ~` .J !^, F'" ," I Lei L. ~
~l-
Yg;P t ~ 4 a i ~a~.a''J.~~iS i
,_ ~_ r ~ 4E17 l
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PBNNS~'li~~I'~1`i~,~r
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
vs.
Case No.: 09-4780 CIVIL TERM
TYPE OF PLEADING
PRAECIPE FOR JUDGMENT
PER ORDF,R OF COURT
WILLIAM TRAVIS ACHENBACH,
NICOLE ANN ACHENBACH
Defendant.
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin R. Bibler, Esquire
PA I.D. #93598
WELTMAN, WEINBF,RG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412)434-7955
Judgment Amount $ 9,405.90
$I~}.O0 P!~ ATr/
c~ 40~~ g
~~a~tl~o8
~o~~ ~
WWR No. 7331392
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
vs.
WILLIAM TRAVIS ACHENBACH,
NICOLE ANN ACHENBACH
Defendant.
TO THE PROTHONOTARY:
Case No.: 09-4780 CIVIL TERM
PRAECIPE FOR JUDGMENT
Pursuant to Pa.R.C.P. 237, I certify that a copy of this Praecipe has been mailed to each other
party who has appeared in the action or to his/her Attorney of Record.
In light of the Court Order granting Judgment in favor of Plaintiff on August 18, 2010, kindly
enter Judgment against the Defendants, William Travis Achenbach and Nicole Ann Achenbach, in the
amount of $9,405.90 computed as follows:
Amount Awarded per Order: $7,875.12 s/
Interest from 06/29/2009 through 09/27/2010
at the legal rate of 10.5% per annum: $ 1,030.78
Attorneys Fees $500.00
TOTAL: $9,405.90
Attached is a copy of the Court Order in favor of Plaintiff for Judgment.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
By:
Benja in R. Bibler, Esquire
PA I. 3598
WEL AN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412)434-7955
Plaintiffls address is: Weltman, Weinberg & Reis, 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219
And Defendant's address is: 73 Sunnyside Dr, Carlise PA 17015
WWR No. 7331392
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
vs.
WILLIAM TRAVIS ACHENBACH,
NICOLE ANN ACHENBACH
Defendant.
Case No.: 09-4780 CIVIL TERM
NOTICE OF JUDGMENT OR ORDER
TO: ( )Plaintiff
(xx) Defendants
( )Garnishee
You are hereby notified that the ollowing Order or Judgment was
entered against you on p
(xx) Assumpsit Judgment in the amount
of $9,405.90, plus interest at 6% per annum, plus costs.
( ) Trespass Judgment in the amount
of $ plus costs.
( ) If not satisfied within sixty (60) days, your motor vehicle
operator's license and/or registration will be suspended by
the Department of Transportation, Bureau of Traffic Safety,
Harrisburg, PA.
(xx) Entry of Judgment of
(xx) Court Order
( ) Non-Pros
( ) Confession
( ) Default
( ) Verdict
( ) Arbitration Award
( ) By Consent
Prothonotary
James Nealon, Esq
2411 North Front St
Harrisburg Pa 17110
By
PROT ONOTA (OR DEP TY) )
WWR No. 7331392
IN THE COURT'OF COI~IMON PLEAS OF CUMBBRAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK,
Plaintfifif,
vs.
WILLIAM TRAVIS ACHENBACH
NICOLE ANN ACHENBACH ,
Defendant.
Case No.: 09-4780 CIVIL TERM
ORDER OF COURT
AND NOW to-wi this : ~da of v 2010, upon Plaintiffs Motion for
Summary Judgment, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that'said Motion is
GRANTED and Judgment is entered in favor of PIaintiff for $7,875.12 with interest at the rate of IIi O.
er annum fro June 29 200 , , ~' ~ ~ ~- ~ cs~~ d •'~c ~
BY THE COURT
TRWE fi~OPY, FROM RECQRD
M ToaWi~ny_>vrhereof,.there unto-seYtny hand
and ths~'rieaf et Carlisle,- °a.
Thts~w,~~~1= - , 20 _~
- Prothonotary
_ _ ,~
~,~~
WWRNo.7331392
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
vs.
WILLIAM TRAVIS ACHENBACH
NICOLE ANN ACHENBACH
Defendant
AMERICHOICE FCU,
Garnishee,
No. 09-4780 CIVIL TERM
PRAECIPE FOR WRIT OF EXECUTION
(BANK ATTACHMENT ONLY)
Zm rv m
Z= n
o
,cc7 n
=a
z? z-n
DC Cdr"
FILED ON BEHALF OF 4
Plaintiff < -.r
COUNSEL OF RECORD OF
THIS PARTY:
Matthew D. Urban, Esquire
PA I.D. #90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7331392
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
VS. Civil Action No. 09-4780 CIVIL TERM
. PA
ltsle 1035
WILLIAM TRAVIS ACHENBACH-13 Su -Cie L)r (}nr
nrNs'
NICOLE ANN ACHENBACH - 51 Re e&Xy North PA 17013
Defendant
AMERICHOICE FCU, - 20 S 4n9 Oymn-Ir, Mechanicsburg, PA 1 050
Garnishee
TO THE PROTHONOTARY:
PRAECIPE FOR WRIT OF EXECUTION
Kindly issue a Writ of Execution in the above matter...
1
2
3
4
directed to the Sheriff of CUMBERLAND County:
against WILLIAM TRAVIS ACHENBACH AND NICOLE ANN ACHENBACH, Defendant
against AMERICHOICE FCU, Garnishee
Judgment Amount Awarded per Order
Interest from 6/29/2009 through 9/27/2010
at the legal rate of 10.5% per annum
Attorneys Fees
Post Judgment Interest
Costs
SUBTOTAL:
Costs (to be added by Prothonotary):
u4.50 P p ATTY
q4. a0 CU
78, s0 "
14.00
14-00 a.50 u
I'1'TA0 • Pp ATI-Y
*a,00 Oue C4.
• 50 LL
?? loa4t?a?4?
P_# 02&899(0
0ri+4 E? UUud
$ 7,875.12
$ 1,030.78
$ 500.00
$ 647.85
$ 10,053.75
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
Mat/ew D. Urban, Esquire
PA I.D. #90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-4780 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due NATIONAL CITY BANK, Plaintiff (s)
From WILLIAM TRAVIS ACHENBACH, 73 Sunnyside Drive, Carlisle, PA 17015
NICOLE ANN ACHENBACH, 57 Regency North, Carlsile, PA 17013
(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
GARNISHEE(S) as follows:
AMERICHOICE FCU, 20 Sporting Green Drive, Mechancisburg, PA 17050
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 $7,875.12 L.L. $.50
Interest from 6/29/09 through 9/27/10 at the legal rate of 10.5% per annum -- $1,030.78
Atty's Comm % Due Prothy $2.00
Atty Paid $177.70 Other Costs:
Attorney Fees: $500.00
Post Judgment Interest: $647.85
Plaintiff Paid
Date: 12/27/11 • I
David D. Buell, Prothonotary
(Seal)
Deputy
REQUESTING PARTY:
Name MATTHEW D. URBAN, ESQUIRE
Address: WELTMAN, WEINBERG & REIS CO., LPA
1400 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-434-7955
Supreme Court ID No. 90963
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
j4N _6
H 6: 50
CU118ERLAt4Lj
PENNS YL V,4 N1q ;
National City Bank of PA
vs.
William Travis Achenbach (et al.)
SHERIFF'S RETURN OF SERVICE
Case Number
2009-4780
01/04/2012 10:50 AM - Gerald Worthington, Deputy, who being duly sworn according to law, attached as herein
commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands,
possession, or control of the within named garnishee, Americhoice FCU at 20 Sporting Green Drive, Silver
Spring Township, Mechanicsburg, PA 17050, Cumberland County, by handing to Becky Sharpe - Head
Teller, personally three true and attested copies of the Writ of Execution and made the contents there of
known to her.
The writ of execution and notice to defendant was mailed on January 5, 2012 to William Travis Achenbach
at 73 Sunnyside Drive, Carlisle, PA 17015 and Nicole Ann Achenbach at 57 Regency North, Carlisle, PA
17013.
SO ANSWERS, January 05, 2012 RON R ANDERSON, SHERIFF
r)
-4
Gerald Worthingt Deputy
Cou , e'hF t1 fe'.r, t.'",..
FILED-OFFICE
01"- THE PROTHONOTAV
2012 FEB 10 PM 1: 00
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
VS.
WILLIAM TRAVIS ACHENBACH
NICOLE ANN ACHENBACH
Defendant
AMERICHOICE FCU
Garnishee
No. 09-4780 CIVIL TERM
PRAECIPE FOR JUDGMENT AGAINST
GARNISHEE
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
MATTHEW D. URBAN, ESQUIRE
PA I.D.#90963
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7331392
arv?? '?? to . s? ?d
C IL* 3 s 39 a
0-
a-tv91to
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
VS.
WILLIAM TRAVIS ACHENBACH
NICOLE ANN ACHENBACH
Defendant
AMERICHOICE FCU
Garnishee
Civil Action No. 09-4780 CIVIL TERM
PRAECIPE FOR JUDGMENT AGAINST GARNISHEE
TO THE PROTHONOTARY:
Kindly enter Judgment against the Garnishee, AMERICHOICE FCU , in the amount of $761.23, which is
less than Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers
to Interrogatories.
WELTMAN, WEINBERG & REIS CO., L.P.A.
MATTHEW D. URBAN, ESQUIRE
PA I.D.#90963
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7331392
I hereby certify that the address of the Plaintiff is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219
And that the last known address of the Garnishee is: 2175 BUMBLE BEE HOLLOW RD, MECHANICSBURG, PA
17055
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
vs. Civil Action No. 09-4780 CIVIL TERM
WILLIAM TRAVIS ACHENBACH
NICOLE ANN ACHENBACH
Defendant
AMERICHOICE FCU
Garnishee
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
( ) Defendant
(xx) Garnishee
You are hereby notified that the
following Order or Judgment was
entered against you on t'j,
(xx) Assumpsit Judgment in the amount
of $761.23 plus costs.
( ) Trespass Judgment in the amount
of $ plus costs.
( ) If not satisfied within sixty (60)
days, your motor vehicle operator's license and/or registration will be
suspended by the Department of Transportation, Bureau of Traffic Safety,
Harrisburg, PA.
(xx) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
( ) Default
( ) Verdict
( ) Arbitration
Award
Prothonotary
By:
PROTHONOTARY (OR DEPUTY)
Americhoice Fcu
C/O Maggie Tucker
2175 Bumble Bee Hollow Rd
Mechanicsburg, Pa 17055
T
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff No. 09-4780 CIVIL TERM
s. INTERROGATORIES IN A'I I'ACI- MF N-T
UNIERICHOICE FCL'
WILLIANI TRAVIS ACHENBACH
NICOLE ANN ACHENBACH
Defendant
and
AMERICHOICE FCU
Garnishee FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Matthew D. Urban, Esquire
PA I.D. 490963
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7331392
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff
vs.
TRAr ,`IS ACHENBACH
NICOLE ANN ACI-IENBACH
Defendant
and
AMERICHOICE ICU
Garnishee
Civil Action No.: 09-4780 CIVIL TERM
TO: AMERICHOICE FCU Suggested Reference No.: XXX-XX-5781
20 SPORTING GREEN DR XXX-XX-5828
MECHANICSBURG, PA 17050
RE: WILLIAM TRAVIS ACHENBACH
73 SUNNYSIDE DR
CARLISLE, PA 17015
NICOLE ANN ACHENBACH
57 REGENCY NORTH
CARLISLE, PA 17013
IMPORTANT NOTICES TO GARNISHEE!
A. You are required to file answers to the following interrogatories within twenty (20) days after
service upon you. Failure to do so may result in Judgment against you.
B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of
Execution is issued.
C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to
attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes
into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the
resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the
time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited
and withdrawn during the intervening period.
INTERROGATORIES IN ATTACHMENT
1. At the tirne you were served or at any subsequent time did you owe the defendant any money or
were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money
or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of
deposit)?
1 a. If the answer to interrogatory 1 is in the affirmative, state the following: the amount
or none,, ou rnve or o? 2d to defendant, and, it sUch 111011ey is in the fornn of a Frond. d--e present location thereot;
the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written
instruments and the present location of each of such instruments; the amount or amounts that defendant claims or
clairned that you owe or owed to him; and the nature and amount of each of such liabilities.
2. Al the time you were served or at any subsequent time was there in your possession, custody or
control of yourself and one or more other persons any property of any nature owned solely or in part by the
defendant.
3. At the time you were served or at any subsequent time did you hold legal title to any property of
any nature owned solely or part by the defendant or in which defendant held or claimed any interest?
4. At the tirne you were served or at any subsequent time did you hold as fiduciary any property in
which the defendant had an interest?
5. At any time before or after you were served, did the defendant transfer or deliver any property to
you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof?
6. At any time after you were served did you pay, transfer, or deliver any money or property to the
defendant or to any person or place pursuant to his direction or otherwise discharge any clairn of the defendant
against you?
7. If you are a bank or other financial institution, at the time you were served or at any subsequent
time did the defendant have funds on deposit in an account in which funds are deposited electronically on a
recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or
attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption,
the arnount being withheld under each exemption and the amount of funds in each account, and the entity
electronically depositing those funds on a recurring basis.
8. If you are a bank or other financial institution, at the time you were served or at any subsequent
time did the defendant have funds on deposit in an account in which the funds on deposit, not including any
otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If
so, identify each account.
9. If the answer to Interrogatory 1 is in the affinnative, state the date the sheriff served these
interrogatories on this institution.
10. If the answer to Intern-ogatory I is in the affirmative, state the date the written instrument, checking
or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this
institution.
11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account
which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit
are exempt fi-om execution, levy or attachment under Pennsylvania or federal law?
12. If the response to Interrogatory I 1 is in the affirmative, state the amount of non-exempt finds on
deposit in the account.
WELTMAN, WEINBERG & REIS CO., L.P.A
By:
Matthew D. Urban, Esquire
PA I.D. #90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7331392
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating
to unsworn falsifications to authorities, that he/she is? y
Oman, r ?
of C 1 r , garnishee herein
xL-Arv ,
(Titl) T ompany)
t
that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing
Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief.
N
IGNATURE)
Amerchoice
F E D E R A L C R E D I T U N I O N
Building Relationships For Life
Interrogatories in Attachment Answers
1. Yes
I a. William is listed as joint on his daughter's account. AmeriChoice FCU does not allow a
minor to have a checking account without a parent being a joint owner. William does legally
have access to the account, lever all transac ' re conducted by daughter. Balances are
as follows: Saving - $1000.5 aving 2- $19.54 ecking- $3.0
2. No
3. No
4. No
5. No
6. No
7. Payroll from Giant Foods for daughter is electronically deposited in checking account
weekly. The amount varies weekly; an average of the last four weeks is $98.23. Money
is transferred from checking account to savings 1 monthly. Amount of transfer varies.
8. No
9. 1/4/2012 12:00pm
10. 1/5/2012 l 0:00am
11. Yes. Since account opening in October 2010; a total of $1061.23 in deposits was made by
ATM or walking into a branch, not electronically by another entity.
12. Wages are not i llar amount in #11. Taking the $300 exemption. The non-
amount would be $761.23.
Main Office: 217.5 Bumble Bee Hollow Road • Mechanicsburg, PA 17055 • Phone: (717) 697-3474 • Fax: (717) 697-3713
Website: www.americhoice.org
C
Equal
L ND R Opportunity
LENDER CREDIT UNIONS'
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: James C Warmbrodt, Esquire
I.D. No.42524
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax:: 412.434.7959
File # 7331392
NATIONAL CITY BANK
vs.
Attorney for Plaintiff(s)
4;
G
- C)
YC_
--? CD '
Cumberland County
Court of Common Pleas
WILLIAM TRAVIS ACHENBACH NICOLE ANN ACHENBACH
NO. 09-4780 CIVIL TERM
and
AMERICHOICE FCU
Garnishee(s)
PRAECIPE TO SATISFY ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
Kindly marked the above matter satisfied as to Garnishee(s), AMERICHOICE FCU, only.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
Sworn to and subscribed
Before me thee day of March, 2012
N ARY UBLIC
COMMONWEALTH NN YLVANIA
Netegai Beal
Sheila G. Bevan, Notary Pubk
Ross lWP., Allegheny linty
i My Commission rali Nov. 152014
MEMBER, PENNSYLVANIA ASSOCIAnO N NOTARIES
Jam is C Warmbrodt, Esquire
Attey for Plaintiff
GUMt a 9,, I)pd a
ck-4- lt'340t
t2 ?d/ y?
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-4780 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due NATIONAL CITY BANK, Plaintiff (s)
From WILLIAM TRAVIS ACHENBACH, 73 Sunnyside Drive, Carlisle, PA 17015
NICOLE ANN ACHENBACH, 57 Regency North, Carlisle, PA 17013
(I )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
GARNISHEE(S) as follows
AMERICHOICE FCU, 20 Sporting Green Dr, Mechanicsburg, PA 17050
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 $7,875.12 L.L. $
Interest -- $983.37
Atty's Comm % Due Prothy $2.25
Atty Paid $332.57 Other Costs
Plaintiff Paid
Date: 7/13/12
uell, Pr honotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: WILLIAM T MOLCZAN, ESQUIRE
Address: WELTMAN, WEINBERG & REIS CO., LPA
1400 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: Plaintiff
Telephone: 412-434-7955
Supreme Court ID No. 47437
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY BANK
Plaintiff sad 1
vs. it, ?Ve
WILLIAM TRAVIS ACHENBACH
NICOLE ANN ACHENBA ; 5? C
or
Defendants l"isle , PA 17613
AMERICHOICE FCU,
Garnishee
Civil Action No. 09-4780 CIVIL TERM
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter...
1. directed to the Sheriff of CUMBERLAND County:
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2. against WILLIAM TRAVIS ACHENBACH AND NICOLE ANN ACHENBACH, Defendant
3. against AMERICHOICE FCU, Garnishee
ao sPorh (green Qr
4. Judgment Amount Mkh0.n?buri, Pa 17050 $ 7875.12
Interest $ 983.37
Costs $
SUBTOTAL: $ 8858.49
Costs (to be added by Prothonotary):
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to a. 87 C8F-
98. 50 "
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WELTMAN, WEINBERG & REIS CO., L.P.A.
By: 014
William T Molczan, Esquir
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
National City Bank of PA
vs.
William Travis Achenbach (et al.)
SHERIFF'S RETURN OF SERVICE
Case Number
2009-4780
07/20/2012 11:38 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July,20,
2012 at 1138 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendants, to wit: Nicole Ann Achenbach and William Travis Auchanbach, in the
hands, possession, or control of the within named garnishee, Americhoice Federal Credit Union, 20
Sporting Green Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, by handing to Rebekka
Dunn Teller personally three copies oil interrogatories together with three true and attested copies of the
writ of execution and made the contents there of known to her.
The writ of execution and notice to defendant was mailed on 07-26-12 to Nicole Ann Achenbach at 57
Regency North, Carlisle, PA 17013 and to William Travis Auchenbach at 73 Sunnyside Drive, Carlisle, PA
7015.
SO ANSWERS, f
July 26, 2012 RONN R ANDERSON, SHERIFF
Rona7_d Hoover,, Deputy
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Matthew D. Urban, Esquire
I.D. No.90963
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 7331392
NATIONAL CITY BANK
VS.
WILLIAM TRAVIS ACHENBACH,
NICOLE ANN ACHENBACH,
and
AMERICHOICE FCU
Garnishee(s)
Attorney for Plaint'
J ' .&OTHONO?R l
ZgI2 AUG -3 PM I? I I
tUMOERLANt
PENNSYL
CUMBERLAND County
Court of Common Pleas
NO. 09-4780 CIVIL TERM
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
Kindly mark the above matter discontinued and ended as to Garnishee(s), AMERICHOICE
FCU,, only.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
Matthew D. Urban, Esquire
Attorney for Plaintiff
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