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Home My WebLink About10-3303 0 -- 3303 alv; 17cw IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA SECURITY PACIFIC CONSUMER CASE NO. 05-4137 (Civil Term) DISCOUNT COMPANY and THE (Issued to No. 97-4114) CADLE COMPANY, as its assignee Plaintiff, PRAECIPE TO ISSUE WRIT OF REVIVAL OF JUDGMENT p vs. KATHLEEN L. WILDERS 7111- Defendant. PRAECIPE C firs u' To the Prothonotary of Cumberland County, Pennsylvania: Please issue, pursuant to Pa. R.C.P. 3025, a Writ of Revival of the Judgment obtained by Plaintiff against Defendant, Kathleen L. Wilders, on December 7, 2005 in the Cumberland County Common Pleas Court of the Commonwealth of Pennsylvania in the amount of $2,206.68 plus interest and costs. Such Defendant is now known as Kathleen Fitting, or Kathleen Spacht. Dated: May 5, 2010 &1 r r • A. Victor O. Buente, Jr. , Esq., PA Atty. No. 45585 Attorney for Plaintiff, The Cadle Company 100 North Center Street Newton Falls, OH 44444-1321 Telephone: 1-888-462-2353, Ext. 3124 Facsimile: 1-800-860-5367 Email: victor.buente(Lcadleco.com s *o1q.00 Pn ATTq ao.oo CBP q. 00 '• 817.3q yq, ao ., "r- PoAVY I:\LegalSecs\Pennsylvania\PDD84413 Wilders.doc * 3. oo bue co ce 13153 p * ayaa44 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SECURITY PACIFIC CONSUMER CASE NO. 05-4137 (Civil Term) DISCOUNT COMPANY and THE (Issued to No. 97-4114) CADLE COMPANY, as its assignee Plaintiff, vs. KATHLEEN L. WILDERS Defendant. To: Kathleen L. Wilders 318 East Marble Street Mechanicsburg, PA 17055-4263 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 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 YOT,TR 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 Date of Notice: May 5, 2010 P r Victor O. Buente, Jr., PA Atty. No. 45585 Attorney for Plaintiff, The Cadle Company 100 North Center Street Newton Falls, OH 44444-1321 Telephone: 1-888-462-2353, Ext. 3124 Telecopier: (800) 860-5367 E-Mail: victor.buentegcadleco.com I:\LegalSecs\Pennsylvania\PDD84413 Wilders.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SECURITY PACIFIC CONSUMER DISCOUNT COMPANY and THE CADLE COMPANY Vs. KATHLEEN L. WILDERS TO KATHLEEN L. WILDERS 318 East Marble Street Mechanicsburg, PA 17055-4263 CIVIL ACTION LAW 10- 3303 CIVILTMM No 05-4137 CIVIL TERM WRIT OF REVIVAL You are notified that the Plaintiff has commenced a proceeding to revive and continue the lien of the judgment entered to No. 10-3303 Civil Term The Plaintiff claims that the amount due and unpaid is $2,206.68 with interest from 12/7/05. You are required within twenty (20) days after service of this Writ to file an answer or otherwise, plead to this Writ. If you fail to do so, Judgment of revival will be entered. Costs $1M.5q PD ATTY $ 3.00 DUE CO Date 5/18/10 (Seal) Davi uell, Prothonotary Deputy VICTOR O. BUENTE, JR, ESQUIRE - ID#45585 100 NORTH CENTER STREET NEWTON FALLS, OH 44444-1321 1-888-462-2353, Ext. 3124 Attorney for the Plaintiff SHERIFFI'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody 5 Smith Chief Deputy Richard W Stewart Solicitor ~4~~tity et E'rfrr;tbcr~~~ ,~ . s~ .~x.. ~ft~ OF rrtE Sk~RIFF i~c ~'r P ,, ,, `~' ~' '.~s~~,Y 2010.1~i_ 15 A~~o ~~ ~ I Pc~ i~;;'~`L~`,'~'~~t, Security Pacific Consumer Discoun Company Case Number vs. 2010-3303 Kathleen L. Wilders ERIFF'S RETURN OF SERVICE 07/12/2010 03:52 PM -Michael Ba rick, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2010 at 1552 hours, he served a true copy of the within Writ of Revival and Notice, upon the within named defendant, to wit: Kathl en L. Wilders now known as Kathleen Wilders Spacht, by making known unto herself personally, at 1 Big Horn Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the sa a time handing to her personally the said true and Corr ct copy of the sam MICHAEL BARR K, DEPUTY SHERIFF COST: $46.00 July 13, 2010 SO ANSWERS, ~~- - RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOilCItO~ ~~~rrtr of ~ia~nbcy~~~ ~~,~ 9#`f IGE ~r THE S~+BRIFF ,,. ZG~~~Uf'T _L i~t a PM_ r :53 ~~ i.r', _ ,,°,~~, 'ii'i Security Pacific Consumer Discount Company Case Number vs. 2010-3303 Kathleen L. Wilders SHERIIFF'S RETURN OF SERVICE 07/13/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Kathleen L. Wilders a/k/a Kathleen Fitting or Kathleen Spacht, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Writ of Revival according to law. 07/19/2010 Dauphin County Return: And now, July 19, 2010 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Kathleen L. Wilders the defendant named in the within Writ of Revival and that I am unable to find her in the County of Dauphin and therefore return same NOT FOUND. Request for service at 6345 Flank Drive, Suite 1200, Harrisburg, PA 17112 is vacant. SHERIFF COST: $37.00 July 26, 2010 SO ANSWERS, ~~ RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. Mary Jane Sn~der Real Estate Depu William T. Tully Solicitor ...~.. Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Shy Chief Deputy Michael W. Rinel Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin SECURITY PACIFIC CONSUMER DISCOUNT COMPANY VS KATHLEEN L WILDERS Sheriff s Return No. 2010-T-2399 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and that I made diligent search and inquiry for KATHLEEN L WILDERS the DEFENDANT named in the within WRIT OF REVIVAL and. that I am unable to find him/her in the County of Dauphin, and return same NOT FOUND, JULY 19, 2010. OTHER COUNTY CASE # 103303 AS PER DEPUTY CONWAY SUITE 1200 AT 6345 FLANK DRIVE IS VACANT So Answers, .~-:J .~- . ~r f ''~ Sheriff of Dauphin County, Pa. Deputy: W CONWAY Plaintiff: SECURITY PACIFIC CONSUMER DISCOUNT COMPANY Sheriff s Costs: $49.25 7/16/201 ~ $WptD W SDd Sabscn'b~d Out Of County Cost: `~~'~--~~-1 before rn~ this d~Y T~ V A. i\~ PR ONOTARY DAUPHIN COUPiTY COMMISSION EXPIRES 1ST MONDAY IANUARY. 20„~ Victor O. Buente, Jr., Esq. Pennsylvania Attorney No. 45585 MEp. afz7_-1CE 100 North Center Street +?"r ,YMTY Newton Falls, OH 44444-1321 SAP 1 ? ??? ??? f19 Telephone: 1-888-462-2353, Ext. 3124 Facsimile: 1-800-860-5367 Email victor.buente(cucadleco.com CUMBE c `, sa0UNT1l &,vSYLVAN{A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SECURITY PACIFIC CONSUMER DISCOUNT COMPANY and THE CADLE COMPANY, as its Assignee 100 North Center Street Newton Falls, OH 44444 CIVIL DIVISION No. 05-4137 (Issued to No. 97-4114) 10-3303 Cwit iem Plaintiffs, vs. KATHLEEN L. WILDERS 16 Big Horn Avenue Mechanicsburg, PA 17055 Defendant. PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES AND VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for Plaintiff The Cadle Company against Defendant Kathleen L. Wilders, above-named only and assess damages certified to be calculable as a sum certain from the Complaint, as follows: Principal Interest (from 07/29/1997 through 09/08/2010) TOTAL (costs to be added) $2,206.68 .? 1,735.55 $3,942.23 14.oo Pp AT'/ ?r 13,75q e a4So9o 1::\LegalSecs\Pennsylvania\PDD84413 - Wilders Praecipe for Judgment Entry.doc A' O+„M ¦ 1/1 L W Understanding the false statements made herein are subject to penalty under 18 Pa. C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The above are the precise last known addresses for Plaintiff The Cadle Company and Defendant Kathleen L. Wilders. 2. The annexed notice of intention to file praecipe was mailed to all parties Defendant(s) and to his/her/their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe (See Exhibit A attached). 3. The said Defendant(s) is/are not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is/are over 18 years of age (See Exhibit B attached). I certify that a true copy of the praecipe to enter judgment was mailed to all parties on this date. r Date: September 8, 2010 Victor O. Buente, Jr., PA Atty. No. 45585 Attorney for Plaintiff, The Cadle Company 100 North Center Street Newton Falls, OH 44444-1321 Telephone: 1-888-462-2353, ext. 3124 Facsimile: 1-800-860-5367 Email: victor. buente ii)cadleco.com JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE; NOTICE GIVEN UNDER Pa.R.Civ.P. 236. I:\LegalSecs\Pennsylvania\PDD84413 - Wilders Praecipe for Judgment Entry.doc IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SECURITY PACIFIC CONSUMER DISCOUNT COMPANY and THE CADLE COMPANY, as its assignee Plaintiff, vs. KATHLEEN L. WILDERS Defendant. To: Kathleen L. Wilders 16 Big Horn Avenue Mechanicsburg, PA 17055 CASE NO. 05-4137 (Civil Term) (Issued to No. 97-4114) 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17413 TELEPHONE: (717) 249-3166 Date of Notice: August 16, 2010 so r Victor O. Buente, Jr., PA Atty. No. 45585 Attorney for Plaintiff, The Cadle Company 100 North Center Street Newton Falls, OH 44444-1321 Telephone: 1-888-462-2353, Ext. 3124 Telecopier: (800) 860-5367 W181T E-Mail: victor.buente a,cadleco.com Our File No. PDD84413 I Lega[Sms:?pmnsvlvania,fovMS\Wilders - Defauh.doc cc: Ms. Cindy Krusely UNITEDSTATES P05TAL SERV E -® To pay fee, affix stamps or Certificate Of Mailing meter postage here. This Certificate of Mailing provides evidence that mail has been presented to ing. This form may be used for domestic and intematio 5 From: The Cadle C I 6 s 100 No, th C PIiN[Y R()5NE5 Newton Falls OH $ 01.150 _ ?D ({ 10 CA AUG 1 Ei 2010 fiA ZIPCODE 44444 To: Of-stmark Here _ Ms. Kathleen L. Wilders '`16 _ 16 Big Horn Avenue Zu,? Mechanicsburg, PA 17055 PS Form 3817, April 2007 PSN 7530-02-000-9065 . Request for Military Status Department of Defense Manpower Data Center Military Status Report } Pursuant to the Service Members Civil Relief Act Page 1 of 2 Sep-08-2010 10:43:31 <: Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency WILDERS KATHLEEN Based on the information you have furnished, the DMDC does not possess L. 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). Aak? 'pri. 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 SCRA points-of- contact. EXHIBIT 3 https://www.dmdc.osd.mil/appj/scra/popreport.do 9/8/2010 Request for Military Status Page 2 of 2 More information 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:V9ITAFVEPE https://www.dmdc.osd.mil/appj/scra/popreport.do 9/8/2010 THE COURT OF COMMON PLEAS -':? E i ?'? 41( ca t°' i Q? yj Pty 12: is 14 OF CUMBERLAND COUNTY, PENNSYLVANIA SECURITY PACIFIC CONSUMER DISCOUNT COMPANY and THE CADLE COMPANY, as its Assignee 100 North Center Street Newton Falls, OH 44444 Plaintiffs, VS. KATHLEEN L. WILDERS 16 Big Horn Avenue Mechanicsburg, PA 17055 Defendant. CIVIL DIVISION Case No. 10-3303 ASSIGNMENT OF JUDGMENT For value received, THE CADLE COMPANY, an Ohio corporation located at 100 North Center Street, Newton Falls, Ohio 44444 (hereinafter the "Assignor"), hereby transfers, assigns and conveys, without recourse, or any representation, or warranty, express or implied, unto D.A.N. JOINT VENTURE III, L. P., located at 100 North Center Street, Newton Falls, Ohio 44444 (hereinafter the "Assignee"), all of Assignor's right, title and interest, if any, in the Judgment rendered in Case No. 10-3303, filed May 18, 2010 in the Court of Common Pleas, Cumberland County, Pennsylvania, wherein Security Pacific Consumer Discount Company and The Cadle Company, as its Assignee was the Plaintiff and Kathleen L. Wilders was the Defendant. tal. f 06 A/ p In witness whereof, the undersigned has hereunto set its hand by its duly authorized officer this 21 st day of September, 2010. ig aynard, Witne s AAAAmyy4aaffP?ee-r, Vitn THE CADLE COMPANY, AN OHIO CORPORATION By: dre??? , William E. Shaulis Its: Executive Vice President STATE OF OHIO COUNTY OF TRUMBULL Before me, a Notary Public in and for said County and State, personally appeared William E. Shaulis who under penalty of perjury in violation of Section 2921.11 of the Revised Code represented to me to be said person and who signed the foregoing Instrument and acknowledged the same as his voluntary act and deed. Executed this 21 st day of September, 2010. 60&,?Z J. j,4'x-61 Kathryn T. abol, Notary Public o????R1Al s,?, i,?P 'Cf 7?r/ F9r Kathryn T. Sabo! Resident Trumbull Courtly * * s Notary Public, State of Ohio My Commission Expires: 03/26/2013 o? ''??fglf OF PREPARED BY AND RETURN TO: Victor O. Buente, Jr., Esq. D.A.N. Joint Venture III, L.P. 100 North Center Street Newton Falls, OH 44444-1321 (330) 872-0918, Attn: Kathy Sabol Debtor: Kathleen Wilders Our File No. PDD84413 \\IBM_A\EVOL I \SECURE USERS\Kathy_Sabol\Assignments\Pdd8-Commercial Credit Corporation\PDD84413-AJ-Cadle_DAN JV III.doc