HomeMy WebLinkAbout04-2366
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONWIDE CREDIT SERVICE INC.
SUCCESSOR IN INTEREST TO
CITIFINANCIAL SERVICES, INC.
Plaintiff
No. 04 - ;KJt.b
Ci ULC-TEIL"Y1
vs.
COMPLAINT IN CIVIL ACTION
ROBERT L. WELKER, III
and
MELISSA H. WELKER
Defendants
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
John S. Pucin, Esquire
PA J.D. #90401
WELTMAN, WEINBERG & REIS CO., L.PA
325 Chestnut Street, Suite 1120
Philadelphia, PA 19106
(215) 599-1500
WWR#03481387
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONWIDE CREDIT SERVICE INC.
SUCCESSOR IN INTEREST TO
CITIFINANCIAL SERVICES, INC.
Plaintiff
vs.
Civil Action No.
ROBERT L. WELKER III
and
MELISSA H. WELKER
Defendants
COMPLAINT IN REPLEVIN 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
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1.
98632.
Plaintiff is a corporation with a mailing address of P.O. Box 1787, Longview, Washington
2.
Defendants are adult individuals residing at 736 Belle Vista Drive, Enola, PA 17025.
3. Plaintiff is the holder of a Promissory Note and Disclosure Statement (hereinafter the
"Contract") executed by Defendants in favor of Citifinancial Services, Inc. on or about March 27, 2001. A
true and correct copy of the Contract is attached hereto, marked as Exhibit "1" and made a part hereof.
4. Plaintiff has purchased all rights, title, and interest in said contract from Citifinancial
Services Inc.
5. Under the terms of the Contract, Defendants were to make thirty-six (36) consecutive
monthly payments of $170.00 beginning April 27, 2001.
6. The total principal amount due to Plaintiff pursuant to the Contract was $4512.90.
7. Defendants are in default of the terms and conditions of the Contract because Defendants
have failed to make the required monthly payments since May 4, 2001.
8. Defendant has made partial payment under the Contract leaving an unpaid balance in the
amount of $4864.83 as of August 17. 2001.
9. Plaintiff avers that the Contract provides for finance charges at the rate of 18.00% per
annum.
10. Plaintiff avers that finance charges from August 17, 2001 to May 6,2004 amount to
$2408.09.
11. Under the terms of the Contract, Plaintiff is entitled to recover reasonable attorneys' fees
upon default Plaintiff avers that such attorneys' fees amount to $350.00 to date.
WHEREFORE, Plaintiff prays for the entry of Judgment against Defendants, Robert L. Welker 111
and Melissa H. Welker, jointly and severally, in the amount of $10,381.01 plus continuing finance
charges at the aforesaid rate of 18% per annum from May 6,2004 and costs.
WELTMAN, WEINBERG AND REIS, CO. L.PA
Jo S. in,
PI.. #90401
MAN, WEINBERG & REIS CO., L.P.A.
32 Chestnut Street, Suite 1120
Philadelphia, PA 19106
(215) 599-1500
WWR#: 03481387
i~~
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE
USED FOR THAT PURPOSE.
Disclosure State ent, Note and Security Agreement
'Borrower(s).(Name and mailing a ess)
ROBERT L WELKER III
MELISSA H WELKER
736 BELLE VISTA DR
ENOLA PA 17025
Lender (Name, address, cily and state)
CITIFlNANCIAL SERVICES,
INC.
6520 CARLISLE PIKE SUITE 155
MECHANICSBURG PA 17055
Account No.
336404
Date of Loan
03/27/2001
0ANNUAL PERCENTAGE RATE I ]INANCE CHARGE ]Amoun, Financ<<l ~TOtal oCPaymen" )
The cost of Borrower's credit a~ The dollar amount the credit will The amount of credit provided to The amount Borrower will have
a yearly rate. cost Borrower, Borrower or on Borrower's behalf. paid after Borrower bas made all
payments as scheduled.
20.99 ?'O $ 1,607.10 $ 4,512.90 $ 6,120.00
Payment Schedule:
Number of Amount of
Il~-'=oo
When PaymentS
Are Due
SecuritY: If checked. Borrower is giving a security
interest in:
o MotorVehicle
o Real Property
o
o
Mobile Horne
Other:
MONT~Y BEGTNNtNG 04~7/2001
I
EXHIBIT
i
Late Cbar.li!e: If a payment is late, Borrower will be
cbarged a late charge e~ to 1 . 5 % per month on
the past due amount until paid in full, minimum charge
$ 1.00 .
See the contract documents for my additiol1l.l IlttOrmabon aDout nonpayment, default,
any required repayment in full before the scheduled date, and prepayment refunds and
penalties.
PreDa~ent: If Borrower pays off early, Borrower may
be enb ed to a refund of part of !he finance charg:e.
Additional Information:
PRECOMI'UT6D INTEREST jSERVICECHA.RiJr--PiATIiCHAIlOESBEGIN
$ 1,457.10 s 150.00 103/27/2001
C. -
INSURANCE DISCLOSURE
ReQuired IQSuf'lJ.Qce: If Borrower obtains credit that is secured by Borrower's interest in improved real property (including a mobile or manufactured
I home that is part of real property), then Lender requires Borrower to provide fire and extended coverage for the replacement value of the
improvements. If the collateral securing the credit is a motor vehicle (including a recreational vehicle, boat, or movable mobile home), Borrower must
provide collision and comprehensIve casualty insurance in an amount sufficient to satisfy the unpaid balance of the loan or equal to the value of the
collateral, whichever is less. AU such policies and renewals thereof must name Lender as loss payee and must be maintained by Borrower, until the
credit is repaid in full. Borrower may obtain a new insurance policy or provide an existing policy from any insurer that is acceptable to Lender. If
Borrower obtains the collateral protection coverage or Automobile Physical Damage Insurance at Lender's office, Borrower acknowledges that such
insurance (1) may cost more than insurance that is available from another insurer, (2) will only protect Lender's interest in the collateral and does not
protect Borrower's interest. and (3) does not protect Borrower from claims by other persons.
I OPtional Insurance: Credit Ute msurance, credit disability iDsllr'8DCe, credit personal property insurance, mvoluntary UIleDlpIoyment insurance,
I and any other insurance products that are not required per the above paragraph are optional to Borrower and are Dot reauired in order to
obtain credit. If Borrower dest"es voluntaril.y to purchase any of these optional insurance prodUds, Borrower must sip below and in other
required documents and wiD re<;eive an fosunmce cerdficate or policy detailfn. tile coverage terms and conditions that apply to the iosurance.
Borrower should refer to the tetfms and condidoos contained In the applkable insurance certificate or polky issued for the exact description of
benefits and exclusions. Borro~..r is eucouraged to inquire about coveraee and refUnd provisions.
If the initial amount of coverage fer credit life insurance and/or credit personal property insurance set forth in Borrower's insurance certificate or policy
is equal to the Total of Payznents stated above. it may exceed the amowu necessary to payoff Borrower's loan at any .given time. Any excess insurance
coverage amount that may become payable will be paid to the appropriate party as designated in the inIlurance certificate or policy. Borrower
acknowledges that if optional CredIt personal property insurance is purchased, Borrower's property coverage under other policil!!s such as homeowner's
or renter's insurance may be adversely affected. 1
Borrower's regular DlOnthly loan payment if Borrower elects not to purchase insurance will be $ 170.00 .
Termln::rotinn of Ol)tional In.ura nee: Borrower may cancel any of the optional insurance product!! obtained at Lender's office at any time upon
Borrower's written request for c8l'Cellation to Lender. !fBorrower is in default under the terms of this asreement, Borrower authorizes the insurer to
I terminate anyand/or all optional msurance products upon Lender's request. Upon termination of any insurance fur any reason, lJorrower authorizes
and directs that the insurer deliver dIe premium refund, ifany, to Lender, whicb will apply it to Borrower's outstanding loan balance. Borrower hereby
I irrevocably and unconditionally 2>signs to Lender any right, title or interest which Borrower may have in any premium refimd (~Refund~). Such
assignment is absolute and not intended as security. lJorrower acknowledges and aarees that the Refuad sbaD be the sole property of Lender and
that Borrower sbaD have no interest in the Ref\md. Lender agrees to pay to Borrower any amount by which the Refund received by Lender exceeds
the outstanding loan balance.
[/we request the foUowing insurance:
I First Payment Due
Date EXtension Charge: $N/A
(included in Finance Charge.)
Cost/Premium.:
$NONE
$NONE
$NONE
$NONE
$NONE
Insurance Type.
Insurance Term (in mos.):
First Borrower's Signature
Date
Second Borrower's Signature
Date
TERMS: In this Disclosure Statem nt, Note and Security Agreement, the word "Borrower- refers to the persons signing below as Borrower, whether one
or more. If more than one Barro er signs, each will be responsible. individually and together, for aU promises made and for repaying the loan in full.
The word "Lender" refeN to th~ Illier, whose name and address arc shown abvve.
PROMISE TO PAY: Borrower p mises to pay to the order of Lender the Total of Payments (which includes precomputed interest charges and Service
Charges) shown above in subs . y equal, consecutive monthly instalhnents shown above, except that any appropriate adjustn1ents will be made to the
first and final payments, from the ate Charges Begin until the Total of Payments is fully paid. Each payment will be applied to a combined total of the
Amount: Financed and precompute interest charges. If any part of the balance remains unpaid OD the final payment date, Lender, at its option, may
collect interest from and after ma ity upon the then unpaid Amount Financed at the maximum rate permitted by the then applicable law or, if no
maximum rate is prescribed, then a the rate of interest prevailing under this Disclosure Statement, Note and Security Agreement.
The amount shown as "Service rge" above has been paid by Borrower as a prepaid charge and is in addition to the precomputed interest on the loan.
Any Service Charges are earned riot to interest on tbe loan balance. Prepaid Service Charges are not refundable to Borrower in the event of early
payment or termination of the acco t.
(Intentionally left blank)
Borrower's Initials:
PA 25431-8 1/2001
Original (Branch)
copy (Customer)
Pagelof4
ROBERT ~ WELKER III ELISSA H WELKER 336404 03/27/2001
PREPAYMENT: Borrower may repay this loan in whole or in part at any time. If Borrower prepays in full or if Lender accelerates the unpaW balance
because of Borrower's default, B crower will be given a refund of the unearned portion of the Finance Charge, computed by the Rule of 78's. No
refund ofless than $1.00 will be g Yen. Partial prepayment will not result in a refund of interest.
SECURITY AGREEMENT:
[i] A. If this box is checked, I:hi loan is unsecured.
o B. If this box is checked, secure the payment and performance hereof, Borrower gives to Lender a security interest under the Unifonn
Conunercial Code in any property for which a description is completed below and all parts and equipment now or later added to the property
,and any proceeds of the property, all of which will be called "Property-. Set below for additional terms applicable to this security interest.
I. Motor vehicle/mobile home:
Make, No. Cylinders Year/Model Model No. Or Name Body Type Identification Number
2. Other Property:
o
C. If this box is checked, Borower's loan is secured by a Deed of Trust or Mort,gage of even date on real property which requires Lender's written
consent (0 a sale or transfe. of the encumbered real property located at
to Lender's interest in Bonower's real property ("Property-).
OWNERSHIP OF PROPERTY: m>rrower represents that the Property is owned by Borrower free and clear of all liens and encwnbra.oces except those
of which Borrower has informed --ender in writing. Prior to any default, Borrower may keep and use the Property at Borrower's own risk, subject to
the provisions of the Unifonn Conmercial Code. If the Property includes a motor vehicle or mobile home, Borrower will, upon request, deliver the
certificate ofnUe to the motorvebi::le or mobile home to Lender.
. See either the Deed of Trust or the Mortgage for terms applicable
USE OF PROPERTY: Borrower.....iJI not sell, lease, encumber, or otherwise dispose oftbe Property without Lender's prior written consent. Borrower
will keep the Property at Borrow~r's address (as shown on page 1) unless Lender bas granted permission in writing for the Property to be located
elsewhere. The Property wiJI be ....sed only in the state in which Borrower Jives unless the Property is a motor vehicle, in which case it will be used
outside the state only in the cours~ of Borrower's normal use of the Property. Borrower will not use or permit the use of the Property for hire or for
illegal pwposes.
TAXES AND FEES: Borrower wJl pay aU taxes, assessments, and other fees payable 00 the Property. If Borrower fails to pay such amounts, Lender
may pay such amounts for Borrow~r and the amounts paid by Lender will be added to the unpaid balance of the loan.
INSURANCE: If Borrower purc1lases any insurance at Lender's office, Borrower understands and acknowledges that (1) the insurance company may
be affiliated with Lender, (2) Lender's employee(s) may be an agent for the insurance company, (3) sucb employee(s) is not acting as the agent, broker
or fiduciary for Borrower on this loan, but may be the agent of the insurance company, and (4) Lender or the insurance company may realize some
benefit from the sa.le of that insur.tl1Ce. If Borrower fails 10 obtain or maintain any required insurance or fails to designate an agent through whom the
insurance is to be obtained, Lender may purchase such required insurance for Borrower through an 118ent of Lender's choice, and the amounts paid by
Lender wiJI be added to the unpaid balance of the loan.
FINANCING STATEMENTS: Bmower will sign all financing statements, continuation statementS, security interest filing sfatements, and similar
documents with respect to the PrOJ:erty at Lender's request.
RETURNED CHECK FEE: Lend3r may charge a fee not to exceed $20 . 00, if a check, negotiable order of withdrawal or share draft is returned for
insufficieot tunds or insufficient credit.
LATE CHARGE: If any installment is paid more than 10 days after the scheduled payment date, Borrower agrees to pay a late charge equal to 1 . 5%
per month on the past due amount until it is paid in full, with a minimum late charge of $ 1. 00. Lender may. at its option, waive any late charge or
portion thereof without waiving its right to require a late charge with regard to any other late payment.
DEFERMENTS: Borrower agrees 10 pay a defennent charge equal to 1 'f.! % per month 00 the amount deferred for the period of deferment if Lender, in
its sole discretion, agrees to allow Borrower, upon Borrower's request, to defer payment of any monthly installment prior to or on its due date without
Borrower being considered in detiult. Any such defennent will extend the final paymeot date by one month for each deferment authorized by Borrower
and Lender. All other terms and conditions of the Disclosure Statement, Note and Security Agreement including the expiration dates of insurance
coverages, remain unchanged by althorized deferments.
LOAN CHARGES: If a law that tpplies to this loan and that sets maximum loan charges, is finally interpreted so that the interest or other loan charges
collected or to be collected in COllJleCtioo with this loan exceed the permitted limits, then (i) any such loan charge will be reduced by the amount
necessary to reduce the charge to he permitted limit, and (ij) any sums already collected from Borrower that exceeded permitted limits will be refunded
to Borrower. Lender may choose to make this refund by reducing the principal owed under this loan or by making a direct payment to Borrower. If a
refund reduces principal, the reduaion will be treated as a partial prepa}'lllent without any prepayment charge.
DEFAULT: Borrower will be in default if:
1. Borrower does not make uy scheduled payment on time;
2. Borrower is (or any other rerson puts Borrower) in bankruptcy, insolvency or receivership;
3. Any of Borrower's creditors attempts by legal process to take and. keep any property of Borrower, including the Property securing this Joan;
4. Borrower fails to fulfill an) promise made under this agreement; or
S. A default occurs uoder an) Real Estate Mortgage or Deed of Trust which secures this loan or under any other mortgage or deed of trust 00 the
real property.
If Borrower defaults, Lender may require Borrower to repay the entire unpaid Principal balaoce and any accrued interest at once. Lender's failure to
exercise or delay in exercising acy of its rights when default occurs does not constitute a waiver of those or any other rights under this agreement.
Borrower may also be required to pay reasonable attorney's fees, court costs, and the actual and reasonable expenses of repossessing, storing, and
selling the Property which secures the loan.
EFFECTS OF DEFAULT: If Borower defaults, Borrower will deliver the Property to Lender or, upon Lender's demand, assemble the Property and
make it available to Lender at a reasonably convenient place. Lender may, without previous notice or demand and without legal process, peacefully
enter any place where the Property is located and take possession of it, Lender may dispose of the Property in any way it wishes, subject to applicable
state law.
The Property may be sold with notice at a private or public sale at a location chosen by Lender. At such a sale, Lender may purchase the Property. The
proceeds of the sale or other disposition, minus the expenses of taking, removing, holding, repairing, and selling the Property including reasonable
attorney's fees, and minus the cost of paying off and removing any liens or claims on the Property, will be credited to the unpaid balance of Borrower's
loan.
If the proceeds of the sale are no
Borrower has left other property
liability for the property.
Notice of the time and place of a
mailed 10 the Borrower's address
Lender's records.
sufficient to payoff the entire balance plus costs, Borrowers agree to pay the remaining amount upon demand. If
the repossessed Property, Lender may hold slJch property temporarily for Borrower without any responsibility or
blic sale or notice of the time after which a private sale or other disposition of the Property will occur is reasonable if
t least five days before the sale or disposition. The notice may be mailed to the Borrower's last address shown on
Borrower's Initials:
PA 25431-8 1/2001
Original (Branch)
Copy (Cu.tomer)
Pagc2of4
I
ROBERT L WELKER III 11ELISSA H WELKER 336404 03/27/2001
LAW THAT APPLIES: pennsY'Vlnia law and federal law, as appiicable, govern this Disclosure Statement, Note and Security Agreement. Ifany part is
unenforceable, this will not make any other part unenforceable. In no event will Borrower be required to pay interest or charges in excess of those
permitted by law.
OTHER RIGHTS; Lender may a cept payments after maturity or after a default without waiving its rights with respect to any subsequent defuult in
payment. Borrower agrees that oder may extend lime for payment after maturity without notice. The terms of this agreement can be waived or
changed only in a writing signed bLender.
Where the context requires, singu ar words may be read in the plural and plural words in the singular, and references to the masculine gender may be
read to apply to the feminine gend r.
OTHER TERMS: Each Borrowe under this Disclosure Statement, Note and Security Agreement, if more than one, agrees that Lender may obtain
approval from one Borrower to c ge the repayment terms and release any Property securing the loan. or add parties to or release parties from this
agreement, without notice to any ther Borrower and without releasing any other Borrower from his responsibilities. Lender does not have to notify
Borrower before instituting suit if e note is not paid, and Lender can sue any or all Borrowers upon the default by any BOITOwer.
Borrower, endorsers, sureties an guarantors, to !he extent permitted by law, severally waive their right to require Lender to demand payment of
amounts dUe, to give notice of unts that have not been paid, to receive notice of any extensions of time to pay which Lender allows to any Borrower
and to require Lender to show 'cular diligence in bringing suit against anyone responsible for repayment of this loan, and additionally, waive benefit
of homestead and exemption laws now in force or later enacted, including stay of execution and condemnation, on any Property securing this loan and
waive the benefit of valuation and ppraisement.
This Disclosure Statement, Note
shall be binding upon them, their
of refinancing an existing loan balance may be greater than the cost of keeping the existing loan and obtaining a
Borrower wishes to borrow.
Security Agreement shall be the joint and several obligation of all makers, sureties, guarantors and endorsers and
irs, successors, legal representatives and assigns.
If any part of the Disclosure State ent, Note and Security Agreement and, if applicable, the Mortgage or Deed of Trust and accompanying Itemization
of Amount Financed is une.nforcea Ie, this will not make any other part unenforceable,
REFINANCING: Tbe overall cos
second loan for any additional
;
NOTICE OF ARBITRATION PROVISION
TIDS ARBITRATION OVISION PROVIDES THAT ALL DISPUTES BETWEEN BORROWER AND LENDER, EXCEPT
THOSE SPECIF1ED BELOW, WILL BE RESOLVED BY MANDATORY, BINDING ARBITRATION.
YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS (EXCEPT FOR MATTERS THAT
ARE EXCLUDED FROM ARBITRATION AS SPECIF1ED BELOW).
YOUR RIGHTS WILL BE DETERMINED BY A NEUI'RAL ARBITRATOR AND NOT A JUDGE OR JURY.
YOU ARE ENTITLED TO A FAIR IIEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE
I I LIMITED THAN RULES APPLICABLE IN COURT.
In consideration of Lender rnakin,: the extension of credit described above and other good and valuable consideration, the receipt and sufficiency of
which is acknowledged by both parties, You and We agree that either You or We have an absolute right to demand that any Claim be submitted to an
arbitrator ill accordance with this Arbitration Provision. If either You or We file a lawsuit, counterclaim, or other action in court, the other party has the
absolute right to demand arbitration following the filing of such action.
DefInitions for Arbitration Prov.i!:fon. As used ir:I this AlbinalioD Provision CProvisioo"), the following definitions will apply:
-You. or -Your" means any or all of Borrower(s) who execute this Disclosure Statement, Note and Security Agreement, and their heirs. survivors,
assigns, and representatives.
"We" or "Us" means the Lender ~er this Disclosure Statement, Note and Security Agreement, American Health & Life Insurance Company, Triton'
Insurance Company, and any assi~nee of Lender, together with all of their respective colpOrate parents, subsidiaries, affiliates, predecessors, assignees,
successors, employees, agents, directors, and officers (whether acting in their corporate or individual capacity).
"Credit Transaction" means anyone or more past, present, or future extension, application, or inquiry of credit or forbearance of payment such as a
loan, retail credit agreement, or otlerwise from any of Us to You.
I "Claim" means any case, controversy, dispute, tort, disagreement, lawsuit, or claim now or hereafter existing between Vou and Us. A Claim. includes,
without limttation, anything related to:
. This Provision, its enforc~i1ity, and the arbitrabillty of any Claim pursuant to this Provision, including but not limJted to the scope of this
PrOVISion and aoy defenses enforcement of this ProVISion;
. Any Credit Transaction;
Any past, present, or future urance, service, or other product that is offered or purchased in connection With a Credit Transaction;
Any documents or instrume that contain information about any Credit Transaction, UlSurance, service, or product;
Any act or omission by any f Us;
Fraud or misrepresentation, including claims for failing to disclose material facts;
Any federal or state statute cr regulation, or any alleged violation thereof, including without limitation insurance, usury, and lending laws;
Any party's execution ofthb Provision and/or willingness to be bound by its terms and provisions; or
Any dispute about closing, s~rvicing, collecting, or enforcing a Credit Transaction.
Agreement to Arbitrate Claims. Upon written request by either (Wty that is submitted according to the applicable rules for arbitration, any Claim,
except those specified below in this Provision, shall be resolved by binding arbitration in accordance with (i) the Federal Arbittation Act, (ii) the
Financial Services Arbitration R~ and Procedures of JAMS/Endispute, Inc. (~Administrator"), and (ill) this Provision, unless we both agree in writing
to forgo arbitration. The terms o_~this Provision shall control any iI1c:onsistenc:y between the rules of the Administrator and this Provision. You may
obtain a copy of the arb~ation tules by calling (800) 448-1660 or by accessing the Administrato!'s internet site al
www.jamsadr.comlfinanciatrules. . At Your request, We will obtain and provide to You copies of the Administrator's rules and other materials,
including a form Demand for Arb tranon, Any party to lhis Provision may bring an action, including a summary or expedited proceeding, to compel
arbitration of any Claim. and/or t stay the litigation of any Claim pending arbitration, in any court baving jurisdiction. Sucb action may be brought at
any time, even if a Claim is part f a lawsuit, up until the entry of a final judgment. Pursuant to lhis Provision, You and We also agree to submit to
final, binding arbittation nol only I Claims, but also any claim or dispute Vou or We have against (i) all persons or entities involved with any Credit
Transaction or any other matter overed by this Disclosure Statement, Note and Security Agreement, (ii) aU persons who signed or executed any
document relating to any Credit T ansaction or Claim, and (ill) all persons or entities who may be jointly or severally liable to either You or any of Us
, regardiPg any Claim.
Judgmeut. Judgment upon any ar jtration award may be entered in any court having jurisdiction. If timely requested by either party, the arbitrator shall
provide a brief written statement 0 the reasons for any award.
, Claims Excluded from Arb n. The following types of matters will not be arbitrated. This means that neither one of us can require the other to
I arbitrate:
. Any action to effect a foreclosure to transfer title to the property being foreclosed, or exercise of extra.judicial or self-help repossession under
applicable law; or
. Any matter where all parties collectively (including multiple named parties) seek monetary relief in the aggregate of $15,000,00 or less in total
relief, including but not limited to compensatory. statutory and punitive damages; restitution; disgorgemem; costs and fees (includins attorneys'
fees), or any Claims brought in a smaIl claims court. In the event You attempt to assert any of Your Claims on beba1f of a putative class of
persons, in violation of other terms in this Provision, the value of Your Claims will, for purposes of this exclusion, be deemed to exceed I
$15.000.00. In the event !tat any party fails to specify !he amount being sought for any relief. or any form or component of relief, the amount
being sought shall, for purposes of this exclusion, be deemed to exceed $15,000.00.
However, should either party initiate arbitration, the other party, at its option, may seek injunctive and monetary relief in arbitration. Participating in a I
! lawsuit or seeking enforcement of r section by a court shall not waive the right to arbitrate any other Claim.
Bonower'llInitia1s:_ _
PA 25431-8 112001 Original (Branch) Copy (Customer) Page 3 of4
ROBERT L WELKER III ~ELISSA H WELKER
Additional Terms.
Administration of Arbitration. Arbitration shall be administered by the Administrator. but if it is unable or unwilling to administer the arbitration,
then the American Arbitration Association will administer any arbitration required under this Provision pursuant to its Commercial Arbitration Rules
and Expedited Procedures. T e arbitrator shall make his or her decision in accordance with the applicable law, and shall be empowered to award
any damages or other reHefpr vided for under the applicable law.
Place of Arbitration, The arbi alion shall be conducted in the county of Your residence, unless aU parties agree to another location.
~ Either You or We y appeal the arbitrator's award in accordance with the Optional Appeals Procedures of the Administtator, and the
award may be subject to judie' I review on the grounds stated in 9 U.S.C. fi 10.
No Class Actions/No Joinder f Parties. You agree that any arbittation proceeding will only consider Your Claims. Claims by or on behalf of other
borrowers will not be arb, in any proceeding that is considering Your Claims. Because You have agreed to arbitrate all Claims, You may not I
serv~ ~ a class represenrativ or participate as a class member in a putative class action against any party entitled to compel arbitration under this
ProvlSlon.
Deoositions. After a demand for arbitration is made, You and We may conduct a limited number of depositions by mutual agreement. Any
disagreements concerning the 'g of depositions will be resolved by the arbitrator.
Costs. The cost of any arbitra on proceeding shall be divided as follows:
The party making de upon the Administrator for arbitration shall pay the initial filing fee op to $125.00 to the Administrator when the
demand is made. We wit pay any balance.
We will pay to the A . .strator all other costs for the arbitration proceeding up to a maximum of one day (eight hours) of hearings.
All costs of the arbitrati n proceeding that exceed one day of hearings will be advanced by the party that initiated the arbitration. To the
extent allowed by the app 'cable arbitration rules and applicable Jaw, the arbitrator may taX or assess costs of the arbitration to any party.
In the case of an appeal, the appealing party will advance any costs of initialins an appeal. The non~prevailing party shall pay all costs, fees,
and expenses of the appe proceeding and, if applicable, shall reimburse the prevailing party for the cost of fUing an appeal.
Eacb party shall pay his er own attorney, expert, and witness fees and expenses, unless otherwise required by law or by other terms of Ibis
Disclosure Sratement, No and Security Agreement:.
Governing Law. This Provision. governed by federal law and by the laws of the state where the closing oftbe Credit Transaction took place, but only
to the extent that such state laws a e consistent: or compatible with federal law .
SeverabUity. lfthe arbitrator or y court determines that one or more terms of this Provision or the arbitration ndes are unenforceable, or would make
this Provision unenforceable. 0 y such terms(s) shall be deemed unenforceable and shall be deemed stricken from this Provision. but such
determination shall not impair or t the enforceability of the other terms of this Provision or the arbitration rules.
Special Acknowledgments. You derstand and acknowledge by s.lgoiog Your Dame to this Provi;;ion that (I) a court and/or jury wiD Dot hear or
decide any Claiot gOVerbed by Provision, (Ii) the funding for Your Credit Transaction will come in whole or to part f'ton:IlOUI'CeS outside
thi!I state, which wm constitute' terstate conamerce witb.lD the mean.Ine of the United States Arbitration Act, 'U.S.C. ~U~', (Iii) dlscovery in an
arbitration proceeding can be cl1 more Iitttited thaP ill a court proceeding, (Iv) rights to appealao arbitratfon award are very limJted, and (v)
the rights of the parties hereund may not be elI:acUy mutual in aU respects.
ABOVE ARBITRATION PROVISION CAREFULLY. IT LIMITS CERTAIN OF
S, INCLUDING YOUR RIGHT TO OBTAIN REDRESS TIlROUGH COURT ACTION.
336404
03/27/2001
l__
ROBERT L WELKER III
("")
.Sorrower
MELISSA H WELKER
(Seal)
~Borrower
The following notice applies only' this box is checked. 0
ANY HOLDER OF THIS
THE DEBTOR COULD
HEREOF. RECOVERY
HEREUNDER.
NOTICE
ONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
ERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS
REUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR
By signing below, Borrower aBr
Agreement and, if applicable,
disbursements stated therein.
WITNESSES,
s to the terms contained herein. acknowledges receipt of a copy of this Disclosure Statement. Note and Security
Mortgage or Deed of Trust and of the accompanying Itemization of Amount: Fmanced. and authorizes the
SIGNED,
ROBERT L WELKER III
(""J
.Bocrower
(Seal)
.Borrower
MELISSA H WELKER
(""J
.Borrower
CITIFlNANCIAL SERVICES, INC.
By:
(Name and Title)
SECURITY JNTEREST OF NONOBUGOR: Borrower only is personally liable for payment of the loan. Nonobligor is Uable aDd bouod by all other
teems, conditions. covenants, and Lgreements contained in this Disclosure Statement, Note and Security Agreement:. including but DOt limited to the right
and power of Lender to repossess and sell the Property securing this loan, in the event of default by Borrower in payment of this loan,
(Seal)
(Seal)
Signature
Dale
Signature
Dale
PA 25431.8 1/2001
OriginalCBrancbJ
Copy (CUB tomer)
Page 4 of4
ITEMIZATION OF AMOUNT FINANCED
38-0279
Borrower(s}
ROBERT L WELKER III
MELISSA H WELKER
736 BELLE VISTA DR
ENOLA PA 17025
Lender
CITIFlNANCIAL SERVICES,
INC.
6520 CARLISLE PIKE SUITE 155
MECHANICSBURG PA 17055
03/27/2001
Account Number
336404
Date of Loan
ITEMIZATION OF AMOUNT FINANCED:$
$
$
$
4,512.90
NONE
NONE
4,512.90
Amount given to you directly (check to you) $ 150.00 Prepaid finance charge
Amount paid on your prior account
Amount paid to others on your behalf (sum of schedules A through C)
r SCHEDULE A: PREMIUMS PAID TO INSURANCE COMPANIES
$ NONE Credit life
$ NONE Credit Disability
$ NONE Property Insurance
$ NONE Automobile Single Interest
$ NONE
~
r SCHEDULE B: PAID TO PUBLIC OFFICIALS
$ NONE license/title/registration fees
$ NONE Recording and releasing fees
$ Stamps/intangible/transfer tax
$
o
r SCHEDULE C: PAID TO OTHERS
AMOUNT
;746.6 7/2000
PAYEE NAME
REASON
ANY AMOUNTS LISTED IN SCHEDULE C. PAYABLE AS BROKER FEES, APPLICATION FEE, SETTLEMENT FEE. OVERNIGHT DELIVERY FE!::,
FLOOD CERTIFICATION FEE OR TAX SERVICE FEE ARE INCLUDED IN PREPAID FINANCE CHARGE AND NOT IN THE AMOUNT FINANCED.
Original(Branchl
Copy (Customerl
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M:;JT'Ch 01. 2001
$--
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PAY Ta Robert L Welker III and Melissa Welker
FOUR mO\lSAND FIVE HVNDRED TWEL VI! & 901100
DOLLARS
Robert L Welker ill
Melissa Welker
736 Belle VlSta Dr
Enol&, PA 17025-1302
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- 05/10/2004 12: 15
2155991505
'NEL THAN
PAGE 02/13
Vf.RTIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. ~4904 relating
to unsworn falsifications to authorities, that hl:!she is John Hemrich
(Name)
Nationwide Credit Service Inc. Successor In Interest to
T .f'f'jll Coordinator of Ci tifinancial Inc. . Plaintiff herein, that he/she is duly
(Title) (Company)
authorized to make this Verification, and that the facts set forth in the foregoing Complaint are
true and concel to the best ofhis/heT knowledge, information and belief.
WWR#03481387
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02366 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NATIONWIDE CREDIT SERVICE
VS
WELKER ROBERT L III ET AL
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
was served upon
says, the within COMPLAINT - REPLEVIN
WELKER ROBERT L III
the
, at 1940:00 HOURS, on the 27th day of May
, 2004
DEFENDANT
at 736 BELLE VISTA DRIVE
ENOLA, PA 17025
MELISSA WELKER, WIFE
by handing to
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
11.04
.00
10.00
.00
39.04
Sworn and Subscribed to before
me this
ri->
/0 -
day of
0<~ dliV'/ A.D.
( k~,,-- (). )~ #'
I P~othonotary ,
So Answers:
r~~
R. Thomas Kline
06/01/2004
WELTMAN WEINBER~~
By: ~~
'ti'l"
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02366 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NATIONWIDE CREDIT SERVICE
VS
WELKER ROBERT L III ET AL
BRIAN BARRICK
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN
was served upon
WELKER MELISSA H
the
DEFENDANT
, at 1940:00 HOURS, on the 27th day of May
, 2004
at 736 BELLE VISTA DRIVE
ENOLA, PA 17025
by handing to
MELISSA WELKER
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
r~,e".c~I~
R. Thomas Kline
06/01/2004
WELTMAN WEINBER
Sworn and Subscribed to before
By:
,
Deputy Sheriff
. IC-
me th~s /0 - day of
~ 02iJtJ'I A.D.
!l .. Q In..ibd ~
~thoncitary .
NATIONWIDE CREDIT SERVICE INC. :
successor in interest to
CITIFINANCIAL SERVICES, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
ROBERT L. WELKER and
MELISSA H. WELKER,
Defendants
No. 04-2366 Civil Term
NOTICE TO PLEAD
TO: Plaintiff, Nationwide Credit Service Inc. successor in
interest to Citifinancial Services, Inc.
and its attorney, John S. Pucin
You are hereby notified to file a written response to
Defendants' enclosed new matter within 20 days from service
hereof or a jUdgment may be entered against you.
Dated:
bl/~/oy
KEEFER WOOD ALLEN & RAHAL, LLP
By: .7ff. J~ ~~ _ . .
~ Dorrance --~~
I.D. No. 32147
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8014
ATTORNEYS FOR DEFENDANTS
NATIONWIDE CREDIT SERVICE INC. :
successor in interest to
CITIFINANCIAL SERVICES, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
ROBERT L. WELKER and
MELISSA H. WELKER,
Defendants
No. 04-2366 Civil Term
ANSWER WITH NEW MATT'ER
1. Denied. After reasonable investigation,
defendants are without knowledge or information sufficient to
form a belief as to the truth of the stated allegation.
2. Admitted.
3-4. Denied. After reasonable investigation,
defendants are without knowledge or information sufficient to
form a belief as to the truth of the stated allegation.
5. Admitted in part; denied in part. To the extent
the allegation deviates from the terms of the contract, such
allegation is denied and strict proof is demanded.
6-11.
Admitted in part; denied in part. Admitted
that defendants have not paid all sums claimed under the
contract; the remaining allegations are specifically denied and
proof is demanded.
WHEREFORE, defendants respectfully request that the
complaint be dismissed with prejudice, with all costs taxed
against plaintiff.
NEW MATTER
12. Pursuant to the Fair Debt Collection Practices
Act, defendants have disputed the validity of the alleged debt
and have demanded verification thereof.
13. Plaintiff has failed to comply with governing
Pennsylvania law, including Act 6, Act 91, and/or the Fair Debt
Collection Practices Act.
14. Defendants defend the complaint based on such
other reasons as will become apparent during discovery or at
trial.
WHEREFORE, defendants respectfully request that the
complaint be dismissed with prejudice, with all costs taxed
against plaintiff.
KEEFER WOOD ALLEN & RAHAL, LLP
Dated: b!lrjo.,
By:
/2..~:-~", _
~,d Dorrance
I.D. No. 32147
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8014
<......
ATTORNgyS FOR DEFENDANTS
2
VERIFICATION
We, Robert L. Welker, III and Melissa H. Welker, hereby
verify and state that:
1. We are the defendants in the foregoing matter and
have personal knowledge of the matters sel: forth therein.
2. The facts containec in. the foregoing answer with
new matter are true and correct to the best of our knowledge,
information and belief.
3. We understand that false statements herein are made
subj ect to the penal ties of 18 Pa. C. S. !l~,904, relating to
unsworn falsification to authorities.
Dated:
, /1~/0'1
;;Iff ~ e!!-.
Robert L. Welker, III
~ 'iJ.~
Melissa H. Welker.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I am this day serving true and
correct copies of the foregoing document upon the person(s) and
in the manner indicated below:
First-Class Mail. PostaGe Prepaid
Addressed as Follows:
John S. Pucin
WELTMAN, WEINBERG & REIS CO., L. P. A.
325 Chestnut Street
Suite 1120
Philadelphia, PA 19106
Dated:
I,}S/or
~~~~
Bradford Dorrance
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONWIDE CREDIT SERVICE INC.
SUCCESSOR IN INTEREST TO
CITIFINANCIAL SERVICES, INC.
Plaintiff
No. 04-2366 - CIVIL TERM
vs.
REPLY TO NEW MATTER
ROBERT L. WELKER, III
and
MELISSA H. WELKER
Defendants
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
John S. Pucin, Esquire
PA LD. #90401
WELTMAN, WJEINBERG & REIS CO., L.P.A.
325 Chestnut Street, Suite 1120
Philadelphia, PA 19106
(215) 599-1500
WWR#03481387
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONWIDE CREDIT SERVICE, INC.,
SUCCESSOR IN INTEREST TO
CITIFINANCIAL SERVICES, INC.,
Plaintiff,
v.
ROBERT L. WELKER, III and
MELISSA H. WELKER
Docket No. 04-2366 - Civil Term
Defendants.
REPLY TO NEW MATTER
NOW COMES, Plaintiff and for its reply to Defendants' New Matter states as follows:
I. Plaintiff denies each and every allegation contained in Paragraph 12 of Defendants' New Matter.
2. Plaintiff denies each and every allegation contained in Paragraph 13 of Defendants' New Matter.
3. Plaintiff is without sufficient information as to the truth or veracity of the allegation contained in
Paragraph 14 of Defendants' New Matter.
WHEREFORE, Plaintiff demands that Defendants' New Matter be dismissed with prejudice and for such
further relief, as the Court deems proper.
G & RBIS CO., L.P.A.
WWR#0348 1387
0h/74/?AA4 17:AA
2155991505
~,EL TMAN
PAGE 02/11
VERIFICATION
The undersigned does hereby verify subject to the penaltic:s of 18 P A.C.S. ~4904 relating
to unsworn falsifications to authorities, that he/she i~ f\Q I l~~
~
. f ~('l\k 'Y\fl::rl~haintijlfherein, that he/she i$ duly
(Company)
authorized to make this Verification, and that the facts set forth in the foregoing Complaint are
true and correct to the best ofhislher knowledge, information and. belief.
~~~
WWRi1 i0348\387
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving true and correct copies ofthe foregoing
document upon the person(s) and in the manner indicated below:
FIRST-CLASS MAIL. POSTAGE PREPAID ADDRESSED AS FOLLOWS:
Bradford Dorrance, Esq.
KEEFER WOOD ALLEN & RAHAL, LLP
210 Walnut Street, PO Box 11963
Harrisburg, P A 17108-1963
Dated:
II ?- '5/0'L-
,
. ~
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUTNY, PENNSYLVANIA
CIVIL DIVISION
CERTIFICATE OF READINESS
NATIONWIDE CREDIT SERVICE, INC.
SUCCESSOR IN INTEREST TO
CITIFINANCIAL SERVICES, INC.
Plaintiff,
No. 04-2366 - Civil Term
vs.
CIVIL ACTION
ROBERT L. WELKER, III
AND
MELISSA H. WELKER
Defendants.
TO THE HONORABLE JUDGES OF SAID COURT:
The undersigned hereby certified that the above entitled case is ready for trial. This certification means that all
pleadings are closed, all discovery has been completed, all medical or other expert reports have been exchanged, all
parties and witnesses are available and settlement negotiations have been exhausted.
A jury trial haslhas not been demanded in the pleadings. JurylNon-Jury Arbitration trial is requested.
-
There is!is ~t a companion case filed at Case No.
of
This case was previously assigned to Judge
for disposition of other matters including
The following is a current listing of each party and counsel for that party:
Plaintiff/Defendant! Add. Deft. Name of Counsel
((i){~CI"""', f .Ii h~ 00 .,
_ . u. -K ,,) ()'<-<J ..
HI" Ll,S D ~C<...
Nllrlo.J.JID.L. C , "G\.v .J ,F=I; DIl'!, Al-r...wJ
At least 60 days written notice of intention to file this Certificate of Readiness has been given to each of the foregoing
persons, pursuant to Local Rule L.212.1 (B) (2)
DAVID IiL-TfYltlN
/D~
Print Name and Signature of Counsel
Dated: 3h./"S
NOTE: YOU ARE REQUIRED TO MAIL A COpy OF THIS CERTIFICATE OF READINESS FOR TRIAL TO
ALL PARTIES OR THEIR COUNSEL AND TO THE COURT ADMINISTRATOR.
~(l34ifl3 f :,'-.
.. .-. ,.
CERTIFICATE OF SERVICE
I hereby certify that I am this day servicing a true and correct copy of the Certificate of
Readiness upon the person(s) and in the manner indicated below:
First-Class Mail, Postage Prepaid & Addressed as Follows:
Bradford Dorrance, Esq.
KEEFER WOOD ALLEN & RAHAL, LLP
210 Walnut Street, PO Box 11963
Harrisburg, PA 17108-1963
Dated:
3l~/()5"
I
/lJ~
David Altman, Esq.
Attorney for Plaintiff
(
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHOOOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) for JURY trial at the next term of civil court.
xx) for trial without a jury.
-----------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
(check one)
!xx) Civil Action - Law
Appeal from Arbitration
Nationwide Credit Services, Inc.,
successor in interest to
Citifinancial Services, Inc.
(Plaintiff)
(other)
vs.
Robett L. Welker, III
and
Meli$sa H. Welker
The trial list will be called on
and
Trials commence on
(Defendant)
Pretrials will be held on
(Briefs are due 5 days before pretrials.)
vs.
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No. 04-2366 Civil Term
19
Indicate the attorney who will try case for the party who files this praecipe:
David Altman, Esq. PA ID#93581
tndicate trial counsel for other parties if known:
Unknown
this case is ready for trial.
Signed:
t.~J (( I~
Print Name: David Altman. Esq.
Date: Mav 3. 2005
Attorney for:
Pl':,;];},-; ff
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NATIONWIDE CREDIT
SERVICE, INC.,
Successor in interest to
CITIFINANCIAL
SERVICES, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
ROBERT L. WELKER,
III, and MELISSA H.
WELKER,
Defendants
NO. 04-2366 CIVIL TERM
ORDER OF COURT
AND NOW, this 12th day of May, 2005, a pretrial conference in the above matter
is scheduled for Monday, August 1,2005, at 1:30 p.m., in chambers of the undersigned
judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall
be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the
pretrial conference.
A NONJURY TRIAL in the above matter is scheduled for Thursday, September 1,
2005, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle,
Pennsylvania.
BY THE COURT,
David Altman, Esq.
325 Chestnut Street
Suite 1120
Philadelphia, PA 19106
Attorney for Plaintiff
~
_ ., c, _ :f- 13 os
.-~(
90 '.S ~.
"2
l":'ij':2\E
:\
>.-
.
Bradford Dorrance, Esq.
210 Walnut Street
P.O. Box 11963
Harrisburg, P A 17108-1963
Attorney for Defendant
-4f4
~ ,-_/~-Oj
Court Administrator's Office. -/16111 Lc,'.,c,,'C
:rc
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Lr
Derr, Pursel, Luschas & Norton, LLP
Noah G. Naparsteck, Esquire
120 W. Main Street
Bloomsburg, PA 17815
Attorney ID# 82190
Telephone 570-784-4654
Facsimile 570-784-1281
Attorney for Plaintiff
WILLIAMS FORESTRY &
ASSOCIATES
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION
VS.
MERL TATE
Defendant
: NO. 04-2927
PRAECIPE TO SATISFY
TO THE PROTHONOTARY:
Please mark the above-captioned Judgment satisfied.
Date:
AND NOW, to wit, on this /;)...J.~ay of /'2 'ri.....t
above-captioned Judgment is hereby satisfied. !
.;Kr. 5', the
TARY
~
,<I
.,'~
-
--
NATIONWIDE CREDIT SERVICE,
INC., Successor in interest to
CITIFINANCIAL SERVICES, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v
ROBERT L. WELKER, III, and
MELISSA H. WELKER,
Defendants
NO. 04-2366 CIVIL TERM
IN RE: PRETRIAL CONFERENCE
A pretrial conference was held in the above-captioned
case in the chambers of Judge Oler on Monday, August 1, 2005.
Present on behalf of the Plaintiff was Richard R. Gan, Esquire,
standing in for David Altman, Esquire.
Present on behalf of
Defendants was Bradford Dorrance, Esquire.
This is an action in debt arising out of Defendants'
alleged failure to pay on a promissory note. The amount of
Plaintiff's claim is $5,944.87 as of July 27, 2005. With respect
to defenses, it remains to be seen whether a viable defense
exists to the claim, none being apparent at the present time.
This will be a nonjury trial. The estimated duration
of trial is 2 hours.
No pretrial conference memorandum was received from
Defendants, and a possibility does exist in the case that
Defendants will accede to judgments being entered against them,
although that is by no means certain.
With respect to settlement negotiations, it does not
appear that the Defendants are in a financial position to propose
more than a nominal amount in settlement. Bankruptcy also
appears to be a possibility in this case.
By separate Order of Court, the nonjury trial in this
matter is scheduled for Thursday, September 1, 2005, at
9:30 a.m., in Courtroom Number 1, Cumberland County Courthouse,
9 1 :(-;
..; 0. f.n(17
(.- ...' :I" v
..
Carlisle, Pennsylvania. In the event that this case is resolved
by some sort of agreement or stay affected by the bankruptcy laws
prior to trial, counsel are requested to notify the Court's
secretary so that that period of time can be made available for
other cases.
By the Court,
J.
~chard R. Gan, Esquire
17 West South Street
Carlisle, PA 17013
For Plaintiff
~id Altman, Esquire
325 Chestnut Street
Sui te 1120
Philadelphia, PA 19106
~adford Dorrance, Esquire
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
For Defendants
:mae
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Michael J. Dougherty, Esquire
1.0. No. 76046
325 Chestnut Street, Suite 1120
Philadelphia, PA 19106
Phone: 215.599.1500
Fax: 215.599.1505
File #03481387
Attorney for Plaintiff(s)
Nationwide Credit Services, Inc.
Successor in interest to
CITIFINANCIAL SERVICES, INC
vs.
Robert L. Welker, and
Melissa H. Welker
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Cumberland County
Court of Common Pleas
NO. 04-2366
ORDER TO SETTLE. DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above matter settled, discontinued and ended without prejudice.
By
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NATIONWIDE CREDIT
SERVICE, INC.,
Successor in interest to
CITIFINANCIAL
SERVICES, INC.,
Plaintiff
v.
ROBERT L. WELKER,
III, and MELISSA H.
WELKER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
NO. 04-2366 CIVIL TERM
ORDER OF COURT
AND NOW, this ih day of September, 2005, upon consideration of the attached
letter from Michael J. Dougherty, Esq., attorney for Plaintiff, the nonjury trial previously
scheduled for September 1, 2005, is cancelled.
~ael J. Dougherty, Esq.
325 Chestnut Street
Suite 1120
Philadelphia, P A 19106 )
Attorney for Plaintiff
,.Qriidford Dorrance, Esq.
21 0 Walnut Street
P.O. Box 11963
Harrisburg, P A 17108-1963
Attorney for Defendants
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BY THE COURT,
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MICHAEL J. DOUGHERTY
Attorney at Law
115.599,1500, ..t. 81501
F.. 215.599.1505
mdougherty@Woltm...tom
BURLINGTON. NJ
609.914.0437
CHICAGO, IL
847.940.9812
C1NClNN;.TI.OH
513.723.2200
CLEVELAND. OK
216-685.1 000
COLUMlIUS. OJ!
6] 4.228 ,7Z7Z
DETRorr. M1
248.362.6100
PITTSBURGH, PA
412.434,7955
WELTMAN, WEINBERG & REIS CO., L.P.A.
ATTORNllYSATLAW
325 Chestnut Street. Suit. I UO
Phllodelphln.l'A 19106
115.599.1500
www.wcltd'l8ln.tom
The Honorable J. Wesley OIeC, Jr.
Cumberland County
One Courthouse Square
Carlisle, PA 17013-3387
RE: Nationwide Credit Services, Inc.
successor in interest to Robert L. Welker, ill, and
CITIFINANCIAL SERVICES, INC. v. MelissaH. Welker
Docket No.: 04-2366
Our File No.: 03481387
Dear Judge Olef:
This office represents the Plaintiff in reference to the above matter that is currently scheduled for a trial
on September I, 2005 at 9:30 a.m. I am happy to report that the parties have been able to reach a successful
resolution in this matter. We will file the Order to Settle, Discontinue and End with the prothonotary as ofthis
date.
If you have any questions, please do not hesitate to cont
MDD/moh
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Michael J. Dougherty, Esquire
1.0. NO. 76046
325 Chestnut Street, Suite 1120
Philadelphia, PA 19106
Phone: 215.599.1500
Fax: 215.599.1505
File #03481387
Attorney for Plaintiff(s)
Robert L Welker, l'Ind
Melissa H. Welker
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Cumberland County
Court of Common Pleas
Nationwide Credit Services, Inc.
Successor In Interes! to
CITIFINANCIAL SERVICES, INC
vs.
NO. 04.2366
ORDER TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above matter settled, discontinued and ended without prejudice.
By
., L.PA
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Michael J. Dougherty, Esquire
I.D. No. 76046
325 Chestnut Street. Suite 1120
Philadelphia, PA 19106
Phone: 215.599.1500
Fax: 215.599.1505
File # 03481387
Attorney for Plaintiff(s)
NATIONWIDE CREDIT
Cumberland County
Court of Common Pleas
vs.
No.: 04-2366
ROBERT L. WELKER and
MELISSA H. WELKER
PRAECIPE TO DISMISS WITH PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss the above matter with prejudice.
WELTMAN, WEINBE~GJ REIS CO., L.PA
i
By
J. Dougherty, Esquire
ey for Plaintiff
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