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Home My WebLink About09-7324 KRAFT & KRAFT, P.C. BY: Martin J. Kilstein, Esquire Identification No. 15664 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 mlegalk@yahoo.com Attorney for Plaintiff(s) M & T BANK, SUCCESSOR BY MERGER TO M & T CREDIT SERVICES, LLC 1100 Wherle Drive Williamsville, NY 14221 vs. MARYANNE C. KILGORE 2001 Princeton Avenue Camp Hill, PA 17011 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW NO. pq -'1.3a4 ?Ivct I et-14 CIVIL ACTION !OMPLAINT "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, 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. "AVISO" "Le ban demandado a usted en la corte. Si usted quiere defenderse de este demandas expuestas en las paginas siguientes, usted tiene veinte (20) dins de plazo al partir de la fecha de la demands y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor dei demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u ostros derechos importantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIICINA CUYA DIRECCION SE ENCUENTRA ESRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL." Court Administrator Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 s KRAFT & KRAFT, P.C. BY: Martin J. Kilstein, Esquire Attorney No. 15664 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 mlegalk@yahoo.com Attorney for Plaintiff(s) M & T BANK, SUCCESSOR BY MERGER TO M & T CREDIT SERVICES, LLC 1100 Wherle Drive Williamsville, NY 14221 V. MARYANNE C. KILGORE 2001 Princeton Avenue Camp Hill, PA 17011 CIVIL ACTION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW No. 0,7- 7 3.1 Y C4?u vi"i", 1. On or about September 23, 2005, the plaintiff by its duly authorized agent and the defendant(s) entered into a written contract. a true and correct copy of which is attached hereto, and made part hereof, and marked Exhibit "A," which reflects the contract date. 2. Under the terms of said written contract, the plaintiff agreed to sell to the defendant(s), and the defendant(s) agreed to purchase the merchandise and/or services set forth therein, and the defendant(s) agreed to pay for such merchandise and/or services in accordance with the terms of said written contract. 3. The plaintiff has done all the things required of it under the terms of the said written contract, but the defendant(s) failed to make the required payments and are now indebted to the plaintiff in the principal amount of $15,455.93. 4. Contractual interest accrues per diem in the amount of $3.48. 5. The plaintiff has made demand upon the defendant(s) for payment of the said sum, but the defendant(s) failed and refused and still refuse(s) to pay the said sum or any part thereof. WHEREFORE, plaintiff claims of the defendant(s), as of the date of October 6, 2009, the sum of $15,455.93 plus interest in the amount of $1,957. lus late charges in the amount of $76.35, plus attorney's fees in the amount of $4,326.25, fora of $21,815.84 plus court costs, all of which are justly due and owing from the defendant(s) to the p int' f. BY: (-?? M n J. Kilstein, Esquire A rney for Plaintiff 1. CREDIT SERVICES, LLC ttwmawara mr. n • 09/23/DS "Opm" amm uao swillwfk% -._atll?.nl?t1_Idif. a j IwrM hxgtl h ? , AI1R ??nnw4AlarwMlM 6N610[ IMR4?MIIMrt W+nM1?aM1wwM rw?.wafrir/H MwwMI p N1, ueN?Mwpir 4Mnt11•tt?t4Mttt?Y MYMMyMp?rIM1M srt tw4wgrwwl f?wr °n41i4WW 93!7 44 . 6•={ j 16!61.06 , 23443.12 44404.20 67231.64 t 4 Yea wretP?tMrMN.Mtq?xlra?wn W.WMYYIrn Rw pr M'r. Mnry+yM(wtnetMtwt ttrwww W+W W wMrNww?wnrwwMwwwnt •M trAtrtMM11WMML wY PwrrNl hrh1111W tttwrrMWnWtwwM,I pYrrrtMM W pMUA1?rYtx.rtw. Ir1 EtIM4o OlA?l/?ll_R? 1lIDI? JK_?!IYltj- pot Ix[ RMLWU RECEIPT OF A COMPLETED COPY OF TRIS NIDITIONAL 6I601.0SORES AND PAGES LISTED IN THE L] 444 G ". r??MM?P?nY nMmawuwaueuwawun W[SIMIA 11011MOOKryMIANIMIN ww ww rlGlN-"-'" A . ?R VERIFICATION The undersigned hereby certifies that he is the of the plaintiff corporation, that he is authorized to make this affidavit on the corporation's behalf and that all of the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. The foregoing statement is made subject to the penalties of the Pennsylvania Crimes Code 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date Name M & T Bank vs. Marianne C. Kilgore 0 OF THWEMW 2W OCT 23 FN b 18 -* `18.50 p p A"--f 15797 ?` a?5o8 Sheriff s Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp SOIIC[tOY ~~~tl;, ~i 4~~ai~'~a°~,r, ,, `'> ~F ?1-~c ~:=;~~;-;::.:,..,,.,.,;ETA?Y ZQO~i§~Cs'! -3 ~~~ f~~ 27 t t 1rr' M & T Bank Case Number vs. 2009-7324 Maryanne C. Kilgore SHERIFF'S RETURN OF SERVICE 10/30/2009 07:30 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 30, 2009 at 1930 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Maryanne C. Kilgore, by making known unto James Kilgore, husband of defendant at 2001 Princeton Avenue Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS, November 02, 2009 R THOMAS KLINE, SHERIFF BY De y ShAriff t ? ~~ o . _-; SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~r~ ~ = Ronny R Anderson _ a _ ~ ~~'; Sheriff ~~~ti, or ~u~nGrr( ~ ~ ~`' Jody S Smith ~~~4 ~g1t "'CJ ~~, -- Chief Deputy y ~ `:- ,_,. Edward L Schorpp - c,.Y ~ ~~` Solicitor ~~ ~ ~ ~~`~~`~ ~ c =' M & T Bank Case Number vs. Maryanne C. Kilg ore 2009-7324 SHERIFF'S RETURN OF SERVICE 01/26/2010 04:24 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2010 at 1620 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Maryanne C. Kilgore, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Sheri Guttshall, Assistant Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 01/26/2010 02:27 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2010 at 1425 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Maryanne C. Kilgore, in the hands, possession, or control of the within named garnishee, Wachovia Bank, 604 East High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Paul Fenton, Teller Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. So Answers, Ro>{ny/R. ~,nc~erson, Sheriff S~ftrd~n Harrison, Deputy ;ci Coiu+tgSuita Shenfr. TzloosofP_ In; UNITED STATES BANKRUPTCY COURT - FOR THE NIIDDLE DISTRICT OF PENNSYLVANIA IN RE: JAMES P. KILGORE MARIANNE C. KILGORE Debtor/Movant MARYANNE C. KILGORE sic MARIANNE C. KILGORE Movant v. ?blty Rlr? t3 r?/'7 N.'17 rf / L L . ]T, IN BANKRUPTCY BK. NO. 1-10-bk-05688-MDF CHAPTER 7 PROCEEDING LIEN AVOIDANCE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7324 CERTWrED FROM THE RECORD this day of AIL'11-1 20/0 Clerk, U.S. Bankruptcy C9Prt Per Deputy Clerk M & T BANK, SUCCESSOR BY MERGER: TO M & T CREDIT SERVICES, LLC Respondent ORDER OF COURT VOIDING JUDICIAL LIEN In consideration of the within Motion for Order Voiding Judicial Lien filed by counsel for Debtor/Movant, the Court finds that the Respondent has failed to file an Answer or otherwise plead to the Motion for an Order Avoiding Judicial Lien filed on July 14, 2010 land duly served upon the Respondent; therefore, the Court orders judgment by default in favor of the Movant, Marianne C. Kilgore, and against the Respondent, M & T Bank, successor by merger to M & T Credit Services, LLC to the relief requested in the Motion. IT IS HEREBY ORDERED, adjudged and decreed that the judgment lien held by the Respondent is hereby declared void in its entirety and of no further force and effect as it violates 11 U.S.C. Section 522(f)(1) and interferes, with 11 U.S.C. Section 522(d). By Ot Comm, w8WauPMmy t Dated: August 6, 2010 0-10s saa 2, Case 1:10-bk-05688-MDF Doc 16 Filed 08/06/10 Entered 08/06/10 10:36:37 Desc Main Document Page 1 of 1 KRAFT & KRAFT, P.C. BY: Martin J. Kilstein, Esquire Attorney No. 15664 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 mlegalk@yahoo.com M & T BANK, SUCCESSOR BY MERGER TO M & T CREDIT SERVICES LLC V. MARYANNE C. KILGORE, Defendant and PNC BANK, Garnishee Attorney for Plaintiff r-a r" tz_ ? C.) -Tz 003 -~7 C -j ,c w ° COURT OF COMMON?ELE2;,S d fA CUMBERLAND COUNTY , CIVIL ACTION AT LAW NO. 09-7324 ORDER TO DISCONTINUE ATTACHMENT TO THE PROTHONOTARY: Kindly mark the Attachment against the Garnishee, PNC BANK, discontinued, upon payment of your costs only. September 14, 2010 Date J. KNIstein, Esquire ;v for Plaintiff C&d I7G8ki A,' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OMF CE Sheriff ()F TH " fA?Y ?? yilt. tlLUltt??,? Jody S Smith l _9 z; Chief Deputy 1 OLN Y Richard W Stewart Solicitor PENNSYEVQ M & T Bank Case Number vs. 2009-7324 Maryanne C. Kilgore SHERIFF'S RETURN OF SERVICE 01/26/2010 04:24 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2010 at 1620 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Maryanne C. Kilgore, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Sheri Guttshall, Assistant Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 01/26/2010 02:27 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2010 at 1425 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Maryanne C. Kilgore, in the hands, possession, or control of the within named garnishee, Wachovia Bank, 604 East High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Paul Fenton, Teller Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. 02/01/2010 01:25 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 1, 2010 at 1:00 o'clock PM he served a true copy of the within Writ of Execution and notice upon the withir named defendant, to wit: Maryanne C. Kilgore, by making known unto James Kilgore, husband of defendant, and a levy was made at 2001 Princeton Avenue, Camp Hill Borough, Camp Hill, Cumberland County, Pennsylvania according to law. 02/04/2010 Mailed copy of writ by first class mail to the defendant on this date. Also mailed post card by first class mail to the attorney on the writ advising of service date. 09/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $186.90 SO ANSWERS, September 09, 2010 RON R ANDERSON, SHERIFF By Sharon R. Lantz I-ITP