HomeMy WebLinkAbout10-6460SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson { ~_ -- F1~, ~D-~FFIC~
Sheriff
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Chief Deputy
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Richard W Stewart ~ ~~~l~~t;~A~.~D ~~~$~ { ,.,
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The Education Resources Institution, Inc. Case Number
vs.
Eric Falling 2010-6460
SHERIFF'S RETURN OF SERVICE
10/21!2010 09:00 AM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October
21, 2010 at 0900 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Eric Falling, by making known unto himself personally, at The Cumberland County
Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its
contents and at the same time handing to him personally the said true and correct copy of the same.
ROBE T BITNER, DEPU
SHERIFF COST: $37.00
October 22, 2010
SO ANSWERS,
~~~~
RON R ANDERSON, SHERIFF
;ct CountySuite Shenft, Teleoso!t, Irc.
• j 4
T 1r B ?- °-A r."I
i
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THE EDUCATION RESOURCES
INSTITUTE, INC.,
VS. Plaintiff
ERIC FAILING
Defendants
NO. 10-6460
CIVIL ACTION -LAW
NOTICE TO PLEAD
TO: The Education Resources Institute, Inc.
c/o: Joel M. Flink, Esquire
Gordon & Weinberg, P.C.
1001 E. Hector St. Suite 220
Conshohcken PA 19428
You are hereby notified to file a written response to Defendant's New Matter and
within twenty (20) days from service hereof or a judgment may be entered against you.
CGA LAW FIRM
aww? V4
Lawrence V. Young
Supreme Court No.: 21 9
CGA Law Firm
135 North George Street
York, Pennsylvania 17401
Phone: 717-718-7110
Fax: 717-843-9039
Date: November 10, 2010
(00422330/1)
THE EDUCATION RESOURCES
INSTITUTE, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS. Plaintiff
ERIC FAILING
Defendants
NO. 10-6460
CIVIL ACTION -LAW
DEFENDANT'S ANSWER AND NEW MATTER
1. Denied. After reasonable investigation, Defendant is without knowledge or
information to form a belief as to the allegations set forth in Paragraph No. 1 of
Plaintiffs Complaint and therefore strict proof is demanded.
2. Admitted.
3. Admitted in part and denied in part. The document contained in Exhibit 1 speaks
for itself. Defendant admits signing Exhibit 1. After reasonable investigation,
Defendant is without knowledge or information to form a belief as to the identity
of "Plaintiff s assignor" as set forth in Paragraph No. 3 and therefore strict proof
is demanded.
4. Denied. After reasonable investigation, Defendant is without knowledge or
information to form a belief as to the identity of "Plaintiff's assignor" as set forth
(00422330/1}
2
in Paragraph No. 4 and therefore strict proof of any assignment is demanded. By
way of further response, Plaintiff has failed to set forth in what manner the
alleged assignment occurred.
5. Denied. The averment contained in Paragraph No. 5 is a conclusion of law to
which no response is required under the Pennsylvania Rules of Civil Procedure.
By way of further response, it is specifically denied that Defendant agreed to
make payment to Plaintiff and strict proof to the contrary is demanded at trial.
6. Denied. The Defendant does not owe a balance of $3,725.13 to Plaintiff and strict
proof to the contrary is demanded.
7. Denied. The document in Exhibit 1 speaks for itself. By way of further response,
Plaintiff is not entitled to interest under Exhibit 1 and strict proof to the contrary
is demanded.
8. Admitted in part denied in part. It is admitted that defendant has not paid the
balance requested by Plaintiff to Plaintiff. It is denied that Plaintiff is entitled to
the balance that it is seeking and strict proof to the contrary is demanded.
WHEREFORE, for the reasons, it is respectfully requested that Plaintiff's Complaint be
dismissed with prejudice and no judgment be entered in favor of Plaintiff.
NEW MATTER
9. Paragraphs 1 through 8 are incorporated herein by reference.
(00922330/1 3
10. Defendant made a loan through Society National Bank in Cleveland, Ohio in the
amount of $15,000.00 for the purpose of attending Widener University School of
Law.
11. The aforementioned loan was negotiated and made in 1994.
12. Defendant filed a Chapter 13 personal bankruptcy Case No.: 1:02-01446. The
case was filed on March 18, 2002 in the United States Bankruptcy Court for the
Middle District of Pennsylvania. A true and correct copy of the first page of the
Docket documenting the bankruptcy filing is marked and attached hereto as
Exhibit A, which is incorporated by reference and made a part hereof.
13. The Education Resources Institute, Plaintiff in the within action, filed a Proof of
Claim in the above referenced bankruptcy seeking payment in the amount of
$22,369.12. A true and correct copy of the Proof of Claim marked and attached
hereto as Exhibit B, which is incorporated by reference and made a part hereof.
14. Defendant completed his payments, the result of which was that the Education
Resources Institute was paid the sum of $22,369.12, as is set forth in the Chapter
13 Trustee's Final Report. A true and correct copy of the Trustee's Final Report
is marked and attached hereto as Exhibit C, which is incorporated by reference
and made a part hereof.
15. Upon the completion of the payments called for, the Debtor was granted a
Discharge of the claim. A true and correct copy of the Discharge is marked and
{00122330/1} 4
attached hereto as Exhibit D, which is incorporated by reference and made a part
hereof.
16. The loan in question was made by Society National Bank of Cleveland, Ohio.
17. The loan in question was not made, insured or guaranteed by a governmental unit.
18. The loan made was not made under any program funded in whole or in part by a
governmental unit or non-profit institution.
19. The loan made was not an obligation received as an educational benefit,
scholarship or stipend.
20. Because the Proof of Claim referenced in Exhibit B was paid in full, the loan in
question was discharged as to any and all amounts allegedly due and owing to the
Plaintiff.
21. Pursuant to the decision by the United States Supreme Court in United Student
Aid Funds v. Espinoza, 559 U.S. _ (2010), any interest not provided for in the
Plaintiff's Proof of Claim is discharged to the extent that the Plaintiff did not
calculate any continuing interest but rather asked for a fixed amount and had that
amount paid.
(00422330/1) 5
WHEREFORE, it is respectfully requested that Plaintiff s Complaint be dismissed
with prejudice and the relief sought by the Plaintiff be denied.
Respectfully submitted,
CGA LAW FIRM
By: V _
Lawrence V. Young
Supreme Court No.: 21009
CGA Law Firm
135 North George Street
York, Pennsylvania 17401
Phone: 717-718-7110
Fax: 717-843-9039
{00422330/1} 6
VERIFICATION
I hereby affirm that the facts contained in this Answer are correct and are true and
correct to the best of my knowledge, information, and belief. This statement is made subject
to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Date: ///o
{00422330/1) p
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CREDS, 2002, P1nCnfrmd, PreACT, CLOSED
U.S. Bankruptcy Court
Middle District of Pennsylvania (Harrisburg)
Bankruptcy Petition #: 1:02-bk-01446-MDF
Datefiled.• 03/18/2002
Assigned to: Mary D France Date terminated. 06/17/2008
Chapter 13 Date discharged: 05/16/2008
Voluntary
Asset
Debtor represented by Markian R Slobodian
Eric A Failing 801 North Second Street
2101 Foxfire Drive Harrisburg, PA 17102
Mechanicsburg, PA 17055 717 232-5180
SSN / ITIN: xxx-xx-4231 Fax : 717 232-6528
Email: law.ms@verizon.net
Trustee
Charles J. DeHart, III (Trustee)
8125 Adams Drive, Suite A
Hummelstown, PA 17036
717 566-6097
Asst. U.S. Trustee
United States Trustee
PO Box 969
Harrisburg, PA 17108
717 221-4515
Filing Date # Docket Text
VOLUNTARY PETITION under Chapter 13, Matrix, all Schedules
& Statements, Plan and Summary, [DP], ORIGINAL NIBS
03/18/2002 1 DOCKET ENTRY #1 (Entered: 03/18/2002)
DEBTOR[S] affidavit of disbursement of Trustee funds upon
Dismissal and/or Conversion prior to confirmation. , [CG],
03/18/2002 2 ORIGINAL NIBS DOCKET ENTRY #2 (Entered: 03/28/2002)
CERTIFICATE of Mailing of Notice of 341 Meeting. Objections to
the plan are due 15 days after meeting held. , [CA], ORIGINAL
04/05/2002 3 NIBS DOCKET ENTRY #3 (Entered: 04/05/2002)
EXHIBIT
TRANSFER [ASSIGNMENT] of claim #1 of AMERIC
04!30/2002 4 11 A.
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EDUCATION SERVICES in the amount of $42,571.83 to
AES/PHEAA [Waiver of Notice], [CG], ORIGINAL NIBS
DOCKET ENTRY #4 (Entered: 04/30/2002)
TRANSFER [ASSIGNMENT] of claim #2 of AMERICAN
EDUCATION SERVICES in the amount of $59,056.23 to
AES/PHEAA [Waiver of Notice], [CG], ORIGINAL NIBS
04/30/2002 5 DOCKET ENTRY #5 (Entered: 04/30/2002)
341 meeting not held-to be rescheduled. , [CA], ORIGINAL NIBS
05/10/2002 6 DOCKET ENTRY #6 (Entered: 05/10/2002)
CERTIFICATE of service of notice of rescheduled 341 Meeting,
[AUT], ORIGINAL NIBS DOCKET ENTRY #7 (Entered:
05/28/2002 7 05/28/2002)
MOTION for relief from stay filed by SECURITY SAVINGS
MORTGAGE CORPORATION a/k/a THE MORTGAGE SERVICE
CENTER [fee paid rec#583005 $75.00] [Disposed] [Entered:
06/04/02], [DS]
CERTIFICATE OF NON-CONCURRENCE, [DS], ORIGINAL
06/04/2002 8 NIBS DOCKET ENTRY #8 (Entered: 06/04/2002)
ORDER that answers are due on 06/24/02 Re: Item # 8, [DS],
06/04/2002 9 ORIGINAL NIBS DOCKET ENTRY #9 (Entered: 06/04/2002)
CERTIFICATE of service Re: Item # 9, [CG], ORIGINAL NIBS
06/13/2002 10 DOCKET ENTRY #10 (Entered: 06/13/2002)
CERTIFICATE of no answer Re: Item # 8, [CG], ORIGINAL NIBS
06/25/2002 11 DOCKET ENTRY #11 (Entered: 06/26/2002)
ORDER granting relief from stay Re: Item # 8, [CG], ORIGINAL
06/26/2002 12 NIBS DOCKET ENTRY #12 (Entered: 06/26/2002)
341 meeting held. , [CA], ORIGINAL NIBS DOCKET ENTRY #13
06/27/2002 13 (Entered: 06/27/2002)
ENTRY OF APPEARANCE of MICHAEL A. BEATTY, ESQ., ON
BEHALF OF THE EDUCATION RESOURCES INSTITUTE, INC.
["TERI"], [CG], ORIGINAL NIBS DOCKET ENTRY #14
07/02/2002 14 (Entered: 07/02/2002)
ORDER Confirming Plan, (CG], ORIGINAL NIBS DOCKET
07/24/2002 15 ENTRY #15 (Entered: 07/24/2002)
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OBJECTION to Claim #6 of JAMES R. NEAL, JR., filed by Debtor.
[Disposed], [CG], ORIGINAL NIBS DOCKET ENTRY #16
10/03/2002 16 (Entered: 10/03/2002)
ORDER fixing hearing date PHONE CONFERENCE WITH
CHAMBERS on 11/18/02 at 11:30 A.M. at Federal Building,
Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets,
Harrisburg, PA 17101 Re: Item # 16 [Rescheduled], [CG],
10/03/2002 17 ORIGINAL NIBS DOCKET ENTRY #17 (Entered: 10/03/2002)
CERTIFICATE of service Re: Item # 17, [CG], ORIGINAL NIBS
10/08/2002 18 DOCKET ENTRY #18 (Entered: 10/09/2002)
Praecipe/Withdraw Re: Item # 16, [CG], ORIGINAL NIBS
10/22/2002 19 DOCKET ENTRY #19 (Entered: 10/23/2002)
ORDER approving Praecipe to Withdraw Objection Re: Item # 16
[Entered: 10/23/02], [CG]
This entry cancels the previous due date. Re: Item # 17, [CG],
10/23/2002 20 ORIGINAL NIBS DOCKET ENTRY #20 (Entered: 10/23/2002)
Transfer (Assignment) of Claim and waiver of opportunity to object
Transfer Agreement 3001 (e) 2 Transferors:Pennsylvania Higher Ed
Assistance(Claim No.2, Amount $59056.23); Pennsylvania Higher
Ed Assistance(Claim No. 1, Amount $42571.83) To Educational
12/10/2004 21 Credit Management Corporation. (JC) (Entered: 12/10/2004)
Correspondence/Notice of Change of Address for Debtor. Filed by
10/02/2007 22 Eric A Failing. (CG) (Entered: 10/02/2007)
Correspondence regarding deposit of Unclaimed Funds. Filed by
04/11/2008 23 Charles J. DeHart, III (Trustee). (CG) (Entered: 04/11/2008)
Order Directing Deposit of Unclaimed Funds in the amount of
04/11/2008 24 $50.64 RE: Eric Failing. (CG) (Entered: 04/11/2008)
Receipt of Deposit of Unclaimed Funds - $ 50.64 Receipt Number:
00625327 (By CReg by AG) (RE: related document 24) (Entered:
04/11/2008 04/14/2008)
Final Report Final Report Filed by Trustee. (dehart, III(ck), Charles)
05/15/2008 25 (Entered: 05/15/2008)
Request to BNC - Discharge of Debtor(s) entered on 5/16/2008
05/16/2008 26 (CG) (Entered: 05/16/2008)
In/14/7nin 4.AC MA
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BNC Certificate of Mailing of Discharge (Chapter 13) (RE: related
document(s) 26 ). Service Date 05/18/2008. (Admin.) (Entered:
05/18/2008 27 05/19/2008)
06/17/2008 28 Request to BNC - Final Decree (SP) (Entered: 06/17/2008)
BNC Certificate of Mailing of Final Decree (RE: related
document(s) 28 ). Service Date 06/19/2008. (Admin.) (Entered:
06/19/2008 29 06/20/2008)
PACER Service Center
Transaction Receipt
10/18/201 0 15:41:19
PACER
Login: cg0085 Client
Code:
1:02-bk-01446-MDF Fil or Ent:
Description: Docket Search filed Doc From: 0 Doc To:
Report Criteria: 99999999 Term: included Format:
btml
Billable I
Pages: ? ' -
" Cost: 1 0.16
10/18/2010 3.46 PM
r
•
(Ofridal Form 1) (9187) Waat OADW, Npcneam,
FORM B1 United States BankrUptCy COUrt
MIDDLE District of PENNSYLVANIA
Name of Debtor (if individual, enter Last, First, Middle): Name of Joint Debtor (SpotmXLest, First, Middle):
Failing, Eric A.
All Other Names used by the Debtor in the last 6 years All Other Names used by the Joint Debtor In the last 6 years
(inchlde married, maiden. and trade names). (indude married, maiden, and trade names):
NONE
Soo. Sec./Tax I. D. No. (if more than one, state all): Soo. Sec./Tax I.D. No. (ff more than we, atom all):
222-56-4231
Street Address of Debtor (No. 6 Street, City, State a Zlp Code): Street Address of Joint Debtor (No. a stmt, city, state 6 zip coda):
4519 Sequoia Drive
Apt. B-223
Harrisburg PA 17109
County of Residence or of the County of Residence or of the
Principal Place of Business: Dauphin Principal Place of Business:
Mailing Address of Debtor (if dNrwW# from straat address):
SAME Mailing Address of Joint Debtor (if different from street address):
Location of Principal Assets of Business Debtor
(If dW*wd from sred addrau 00"): NOT APPZrcARM
AN I&
??l>iRe t-: V 14 4
Venue (Check any applicable box)
® Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately
preceding the date of this petition or for a longer part of such 180 days than in any other District.
? There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District.
Type of Debtor (Check all boxes that apply) Chapter or Section of Bankruptcy Code Under Which
® Individual(s) ? Railroad the Petition Is Filed (Check one box)
? Corporation ? Stockbroker ? Chapter 7 ? Chapter 11 ® Chapter 13
? Partnership ? Commodity Broker ? Chapter 9 ? Chapter 12
? Other ? Sec. 304 • Case ancillary to foreign proceeding
Nature of Debts (Check one box) Filing Fee (Check one box)
® ConsumerlNon-Business ? Business ® Full Filing Fee attached
Chapter 11 Small Business (Check all boxes that apply) ? Filing Fee to be paid in installments (Applicable to individuals only)
? Debtor is a small business as defined In 11 U.S.C. § 101 Must attach signed application for the courts consideration
? Debtor is and elects to be considered a small business under certifying that the debtor is unable to pay fee except In instalments.
11 U.S.C. § 1121(0) (Optional) Rule 1006(b). See Of lal Form No. 3.
Statistical/Administrative Information (Estimates only) THIS SPACE 18 FOR COURT USE ONLY
® Debtor estimates that funds Will be available for distribution to unsecured creditors, - t ,
? Debtor estimates that, after any exempt property is excluded and administrative expenses
paid, there will be no funds available for distribution to unsecured creditors.
c '
1-15 1649 50.99 100.199 2004999 10004var
Estimated Number of Creditors
? ® ? ? ? ?
Estimated Assets
5o to 550,001 to $100,001 to $500,001 to $1,000,001 to s1o,000,001 to 550,000,001 to more than .,)
$50,000 $100,000 s600,000 ti million $10 million sw notion $100 million $100 million ,
? ? ® ? ? ? ? ? r::: t..i
Estimated Debts
so to s50,001 to $100,001 to $500,001 to $1,000,001 to $10,000,001 to $50,000,001 to More twt
$50,000 $100,000 $500,000 Si motion $10 million SW million III= million $100 minion
? ? ® ? ? ? ? ?
Case 1:02-bk-01446-MDF Doc 1 Filed 03/18/02 Entered 03/18/02 00:00:00 Desc
Converted from NIBS HB Page 1 of 30
, --- -
Voluntary Petition Name of Debtor(s): FORM B1, Page 2
(779s page must be completed and filed In every case)
ral2laq. Eric A.
Location Where Filed: Case Number. Date Filed:
NOlM a-
Name of Debtor:
NONE Case Number: Date Filed:
District: Relationship: Judge:
Signature(s) of Debtor(s) (individual/Joint) Signature of Debtor (CorporatiorOartnershlp)
I declare under penalty of perjury that the information provided in this I declare under penalty of perjury that the information provided in this
petition is true and correct. petition is We and correct, and that I have been authorized to fib this
[If petitioner Is an individual whose debts are primarily consumer debts petition on behalf of the debtor.
and has chosen to file under chapter 711 am aware that I may proceed
under chapter 7, 11, 12, or 13 of title 11, United States Code, understand The debtor requests relief in accordance with the chapter of title 11,
the relief avaiable under each such chapter, and choose to proceed United States Code, specified in this petition.
under chapter 7.
1 request relief in accordance with cha er of title 11, United States
Code, spa this Pe ' '
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^
or Dow
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Sgnakn d JokN DWAw PrWW Name of AutwitW kxKidusl
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Data Data
Signature of Attorney Signature of Non Attorney Petition Preparer
X I certify that i am a bankruptcy petition preparer as defined in 11 U.S.C.
§ 110
that i
ared this document for com
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9W-wWa of Attwnay for s) p
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provided the debtor with a copy of this document
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I.aw Officws of Alarkian R. Slobodian
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Add"= SacW Sam^ Numbw
P. O. Box 11967
Harrisbrtrc RA 17108-1967 AAdrou
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Exhibit A Names and Social Security numbers of all other individuals who
prepared or assisted in preparing this document:
(To be completed N debtor Is required to file periodic reports
(e.g., forms 10K and 100) with the Securities and Exchange
Commission pursuant to Section 13 or 15(d) of the Securities
Exchange Act of 1934 and Is requesting relief under chapter 11)
? Exhibit A is attached and made a part of this petition.
Exhibit B
(To be competed if debtor is an individual If more than one person prepared this document, attach additional
whose debts are primarily consumer debts) sheets conforming to the appropriate official form for each person.
i, the attorney for the petitioner named in the foregoing petition, declare
that 1 have informed the petitioner that [he or she] may proceed under X
chapter 7, 11, 12, or 13 of title 11, United States Code, and have awoakra or earavuplcy PON- PnPanr
explained the relief available under each such chapter.
'2A DOW
X
Soma" of Adwrwy for Dditgs) A bankruptcy petition preparer's failure to comply with the provisions
of title 11 and the Federal Rules of Bankruptcy Procedure may result
Daft in fines or imprisonment or both 11 U.S.C. § 110; 18 U.S.C. § 158.
Case 1:02-bk-01446-MDF Doc 1 Filed 03/18102 Entered 03/18/02 00:00:00 Desc
Converted from NIBS HB Paae 2 of 30
IVAir EoSTATESSANK uncyC-ru Middle
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Name o(Ccbtor
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Eric Fakling Cu Numb- 02-014 y??°"?'F
46
Guarantor of(ey
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The Education Resources Institute ? Ch=kbox' if you am wY due -
an •cnc ebo W Wed , prof of ciY m
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Name and addre>z where natica should be salt lat
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? Attxh copy of
Balance as of d
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The'Edu.cation Resources Institute petition was filed;
330 Stuart Street;Suit:e 500 P.O.Bo:c 9123 ? ChCCkbox if you hs
` nc rcecived interest accruing
pt
.
Boston,hlass.021i7-4123
court in thil C&X"
underlying claim: .
.
? Check box if the sddme dt rcn 6vm
the address on the cnv sent to
you by the court I
Tcl honcnumbe, 1-800-255-8374 ! TtasSpuMtstbteCociatUrCz
Account or atfier number by yvNch creditor idcnO= debtor; Check here ? rcptsees
222-56-4231. if this cLsim ? x=rsda 1 a przviotaly filed c4rim, datot•
1. Basis for Claim O Rairoc bca is to ed in I I U.S.C. § 1114(x)
O Goods sold a Wam salaries, and pcnsatioa (fill out below)
• ? Servioes pezfotmed Your SS #:
P Money loaned
0 Persoosl injuryfwroagful death Unpaid compensation for services performed
O Tax= from I
? Other (dd.)
Date debt was incurred:
•
- 3. -If court judgment, c ate obtained:
r
- 1QZ24,6/22U95,
ZZ1/-96
Total Amount of Clstim stTuae Case Filed:. S22 r 369.12
f4.
If all or part ofyour claim u soaaed a Ctldtled to priority, also complete Itm 5 or 6 below.
Check this box if claim includes interest or other charges in addition to the principal amount ortbe claim. Attach itemized stat_-meat of si
interest or additional ebargm
5. Secured Claim. 6. Uasecurad Priority aim.
? Check this box if your claim is sccurcd by"oolUkrxi (including a ? Check this box ifyvu hs an unoocurod priority cWm .
tight of actod). Amount emended to priori S
BricfDeaerigdon orcoa wriI: Spocify the priority or the ciaare
? Res! Estate O !motor Vchicic ? Wages, =Urica, or cc
bef
ms ailing of the ba (up to S4,000),' carried-within 90 dsyt
. pcdtkm or oration of the debtor s
13 Caller burircma. whichever' carder- I1 U.S.C. § 507(a)(9?
? Contrilutions bo an c riploym bwAt plant - I I U.S.C. f 507(s)(4).
Value of Collateral: S ? Gip to S i 8Co a of dcp 'ts toward purdrsu, lean, or rental o f property
or xrvica for peraeau , fatm7y, or household use- I L U.S.C.
I S07(a)(6)
? Alimony, nraant=urw or support awed to a spouse, famwspoux,'o+r
Child - l I U.S.C. ¢ S (a)(T),
? Taxes or pcraltio to govcrnmental units - I I U.S.C. ¢ 507(x)(8}
Amount orarruamgc and other charges at ymc case hkd included in ? Other - spmu 4PPLi r-bic Isu graph of I I U.S.C. § 507(s) f 1
secured claim, above, if any. S -,Ammo my ,ubjact to adtArtr o t an VIM and r wy 3)vor: Aaw to with rm;m
to ecru cv.amenced on or < o dsu deL of ad/urtrw-ore
7. Credits: The amount of ail paymcnts cc this claim has be= crtdited dread deducte d for the purpeae ofmaking this prcaf of
claim.
8. Supportioe Documents: Attach copies ojsztpporting docstmentr, such as proem s aotcs., ptmhasc or&= invai
itemized statements of running Mccounts, contracts, court jttd cats mortgages, se
perfoctiou of lice. D0 NOT SEND ORIGINAL DOCUMENTS. Itthe documalts a 'ty avcCa uts, and evidcacc of
documcats arc Voluminous, attach a summary, FILE HARRISBURG
9. Date,Stsm d?Copy: . To rectivc an ac?mowlcdgment of the filing ofyour clam c closl a, 'a
Dst~ S;%n xrd print the nsrra send kdcr if any, of d= ercditor or odic person audsarizcd Lord thin 2 i
elsan (atbth copy of power of &dcfr ey, if arty}
6/28/02
TERL;By Its Bankruptcy i`lanager,htichaei B EXHIBIT '..5' '
Case 1:02-bk-01446-MDF Claim 8-1 Filed 07/02/ NIBS HB
PAMP 1 nf 3
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT PENNSYLVANIA
IN THE MATTER OF:
)
ERIC A FAILING
2101 FOXFIRE DRIVE }
MECHANICSBURG, PA 17055-6166 DEBTOR (S) )
-----------------------------------------------)
PAGE 1
CHAPTER 13
CASE NO. 10201446
DATE FILED: 03/18/2002
DATE CONFIRMED: 07/24/2002
DATE CONCLUDED: 05/15/2008
STANDING CHAPTER 13 TRUSTEE'S
FINAL REPORT
CLOSED COMPLETED
Pursuant to 11 U.S.C. Section 1302(b)(1) and Rule 2015(2), the Trustee has
maintained detailed reports of receipts and disbursements which are as follows
-----------------------------------------
-------------------------------- - --- Amount Paid
Claim Creditor's Name Allowed to Date Balance Due
----------------------------------------- --------------------------------------
SECURED
101 GMAC
PRIORITY
001 COMMONWEALTH
002 COMMONWEALTH
003 JAMES R NEAL
OF PENNSYLVANIA
OF PENNSYLVANIA
JR
UNSECURED
201 PHEAA
202 PHEAA
203 COMMONWEALTH OF PENNSYLVANIA
204 RESURGENT CAPITAL SERVICES
205 JAMES R NEAL JR
206 THE EDUCATION RESOURCES INSTIT
REFUND TO DEBTOR
999 **CLERK OF US BANKRUPTCY COURT
0.00 0.00
-------------
0.00
0.00 0.00
113.62 113.62
0.00 0.00
-------------
113.62
0.00 0.00
0.00 0.00
100.36 100.36
2,092.67 2,092.67
5,548.83 S,S48.83
22,369.12 22,369.12
30,110.98
104.14 104.14
-------------
104.14
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Case 1:02-bk-01446-MDF Doc 25 Filed 05/15/08 Entered 05/15/0819:00:18
Page 1 of 3
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT PENNSYLVANIA
IN THE MATTER OF:
ERIC A FAILING
2101 FOXFIRE DRIVE
MECHANICSBURG, PA 17055-6166 DEBTOR (S)
PAGE 2
CHAPTER 13
CASE NO. 10201446
DATE FILED: 03/18/2002
DATE CONFIRMED: 07/24/2002
DATE CONCLUDED: 05/15/2008
STANDING CHAPTER 13 TRUSTEE'S
FINAL REPORT
CLOSED COMPLETED
Pursuant to 11 U.S.C. Section 1302(b)(1) and Rule 2015(2), the Trustee has
maintained detailed reports of receipts and disbursements which are as follows
----------------------------------------- --------------------------------------
Amount Paid
Claim Creditor's Name Allowed to Date Balance Due
----------------------------------------- --------------------------------------
DEBTOR ATTORNEY
000 MARKIAN R. SLOBODIAN, ESQUIRE
SECURED ARREARAGES
102 SECURITY SAVINGS MORTGAGE CORP
1,000.00 1,000.00 0.00
-------------
1,000.00
0.00 0.00 0.00
-------------
0.00
---------------------
TOTAL RECEIPTS ------------------
DISBURSED --------------------
TRUSTEE FEES ---------------------
CASH ON HAND
32,603.50
--------------------- 31,328.74
------------------ 1,274.76
-------------------- 0.00
---------------------
Case 1:02-bk-01446-MDF Doc 25 Filed 05/15/08 Entered 05/15/0819:00:18 Desc
Page 2 of 3
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT PENNSYLVANIA
IN THE MATTER OF:
ERIC A FAILING
2101 FOXFIRE DRIVE
MECHANICSBURG, PA 17055-6166 DEBTOR (S)
CHAPTER 13
CASE NO. 10201446
DATE FILED: 03/18/2002
DATE CONFIRMED: 07/24/2002
DATE CONCLUDED: 05/15/2008
STANDING CHAPTER 13 TRUSTEE'S
FINAL REPORT
CLOSED COMPLETED
WHEREFORE, the Trustee prays that a Final Decree be entered discharging him/her
as Trustee and releasing the Trustee and the Trustee's surety from any and all
liability on account of the within proceedings, and closing the estate, and for
such other relief as is just.
Pursuant to FRBP 5009, I certify the case has been fully administered.
------------------------------------
CHARLES J. DEHART, III
PO BOX 410
HUMMELSTOWN, PA 17036
PRINTED 05/15/08
PAGE 3
Case 1:02-bk-01446-MDF Doc 25 Filed 05/15/08 Entered 05/15/08 19:00:18 Desc
Page 3 of 3
B18W (08107)
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF PENNSYLVANIA
In re: Debtor(s) (name(s) used by the debtor(s) in the last S years, including married, maiden, and trade):
Eric A Failing
2101 FoAre Drive
Mechanicsburg, PA 17055
Chapter 13
Case No. 1:02-bk-01446-MDF
Last four digits of Social-Security, Individual
Taxpayer-Identification, Employer Tax-Identification No(s)(if
any):
xxx-xx-4231
DISCHARGE OF DEBTOR AFTER COMPLETION
OF CHAPTER 13 PLAN
It appearing that the debtor is entitled to a discharge,
IT IS ORDERED:
The debtor is granted a discharge under section 1328(a) of title 11, United States Code, (the Bankruptcy Code).
BY THE COURT
Dated: Ma 16.2008
Mary D. France
United States Bankruptcy Judge
SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION.
This doctunent is electronically signed ardJlled on the sane date.
Case 1:02-bk-01446-MDF Doc 26 Filed 05/16/08 Entered 05/1610808:01:27 Desc
B18W Page 1 of 2
FORM B18W conthwed (08/07)
EXPLANATION OF BANKRUPTCY DISCHARGE
IN A CHAPTER 13 CASE
This court order grants a discharge to the person named as the debtor after the debtor has completed all
payments under the chapter 13 plan. It is not a dismissal of the case.
Collection of Discharged Debts Prohibited
The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a
creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages
or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving
community proper ty:] [There are also special rules that protect certain community property owned by the debtor's
s Ouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay
damages and attorney's fees to the debtor.
However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against
the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a
debtor may voluntarily pay any debt that has been discharged.
I2trbts That are Discharged
The chapter 13 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but
not all, types of debts are discharged if the debt is provided for by the chapter 13 plan or is disallowed by the court
pursuant to section 502 of the Bankruptcy Code.
Debts that are Not Discharged.
Some of the common types of debts which are na discharged in a chapter 13 bankruptcy case are:
a. Domestic support obligations;
b. Debts for most student loans;
c. Debts for most fines, penalties, forfeitures, or criminal restitution obligations;
d. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft
while intoxicated;
e. Debts for restitution, or damages, awarded in a civil action against the debtor as a result of malicious or
willful injury by the debtor that caused personal injury to an individual or the death of an individual (in a case
filed on or after October 17, 2005);
f. Debts provided for under section 1322(b)(5) of the Bankruptcy Code and on which the last payment is due
after the date on which the final payment under the plan was due;
g. Debts for certain consumer purchases made after the bankruptcy case was filed if prior approval by the
trustee of the debtor's incurring the debt was practicable but was not obtained; and
h. Debts for most taxes to the extend not paid in full under the plan (in a case filed on or after October 17,
2005); and
i. Some debts which were not properly listed by the debtor (in a case filed on or after October 17, 2005).
This information is only a general summary of the bankruptcy discharge. There are exceptions to these
general rules. Because the law is complicated, you may want to consult an attorney to determine the exact
effect of the discharge in this case.
Case 1:02-bk-01446-MDF Doc 26 r=iled 05/16/08 Entered 05/16/08 08:01:27 Desc
B18W Page 2 of 2
fnldec(08107)
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF PENNSYLVANIA
In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade):
Eric A Failing
2101 Foxfire Drive
Mechanicsburg, PA 17055
Chapter 13
Case No. 1:02-bk-01446-MDF
Last four digits of Social-Security, Individual
Taxpayer-Identification, Employer Tar-Identification No(s)(if
any):
xxx-xx-4231
FINAL DECREE
The estate of the above named debtor(s) has been frilly administered and the deposit required by the plan has been
distributed.
IT IS ORDERED THAT:
Charles J. DeHart, III (Trustee)
is discharged as trustee of the estate of the above-named debtor(s); and the chapter 13 case of the above named
debtor(s) is closed.
Dated: June 1? 7.2008
BY THE COURT
704?' 0?In?
Mary D. France
United States Bankruptcy Judge
This document is electronically sighed and filed on the sane date.
Case 1:02-bk-01446-MDF Doc 28 Filed 06/17/08 Entered 06/17/08 14:39:50 Desc
fnidec Page 1 of 1
BO PAM - LIVE - VERSION 3.3.3 https://ecf.pamb.uscourts.gov/cgi-bin/SearchClaims.pl?62850723465...
Middle District of Pennsylvania
Claims Register
NOTE: Please refer to the case docket for additional information regarding claims;
specifically transfers, withdrawals, orders and claims filed in error.
Amended Claims may or may not show in the Claims History depending on how they were filed.
Therefore, the totals for each of the claims on the Claims Register and on the Summary may not be
accurate.
1:02-bk-01446-NIDF Eric A Failina Closed 06/17/2008
Judge: Mary D France
Office: Harrisburg
Trustee: Charles J. DeHart, III (Trustee)
Chapter: 13
Last Date to file claims:
Last Date to file (Govt):
Creditor: (1454267) Claim No: 1 Status:
KEYBANK USA NA Original Filed Filed by: CR
AMERICAN EDUCATION SERVICES Date: 04/12/2002 Entered by: NIBS Conversion, May2003
1200 N SEVENTH ST Original Entered Modified.- 04/30/2002
HARRISBURG, PA 17104-1444 Date: 04/15/2002
Unsecured claimed: $42571.83
Secured claimed: $0.00
Priority claimed: $0.00
Unlmown claimed: $0.00
Admin claimed: $0.00
Total claimed: $42571.83
History:
Details 11-11 04/12/2002 Claim #1 filed by KEYBANK USA NA, total amount claimed: $42571.83 (NIBS-Conversion,
May2003 )
Description: (1-1) TRANSFERRED ON 4/30/02 TO: AES/PHEAA IRAN ASSETS MGMT PO BOX 8147 HARRISBURG,
PA 17105-9802 CG;.
Remarks: (1-1) Converted from NIBS.
Creditor: (1454267) Claim No: 2
KEYBANK USA NA Original Filed
AMERICAN EDUCATION SERVICES Date: 04/12/2002
1200 N SEVENTH ST Original Entered
HARRISBURG, PA 17104-1444 Date: 04/15/2002
Status:
Filed by: CR
Entered by: NIBS_Conversion, May2003
Modified: 04/30/2002
History:
Details 2_1 04/12/2002 Claim 42 filed by KEYBANK USA NA, total amount claimed: $59056.23 (NIBS_Conversion,
May2003 )
Description: (2-1) TRANSFERRED ON 4/30/02 TO: AES/PHEAA LOAN ASSETS MGMT PO BOX 8147 HARRISBURG,
PA 17105-9802 CG ; .
Remarks: (2-1) Converted from NIBS.
6 10/18/2010 3:41 PM
BC PAM -.LIVE - VERSION 3.3.3
Unsecured claimed: $59056.23
Secured claimed: $0.00
Priority claimed: $0.00
Unknown claimed: $0.00
Admin claimed: $0.00
Total claimed: $59056.23
https://ecf.pamb.uscourts.gov/cgi-bin/SearchC] aims.pl?62850723465...
History:
Details 22=1 04/12/2002 Claim #2 filed by KEYBANK USA NA, total amount claimed: $59056.23 (NIBS-Conversion,
May2003 )
Description: (2-1) TRANSFERRED ON 4/30/02 TO: AES/PHEAA LOAN ASSETS MGMT PO BOX 8147 HARRISBURG,
PA 17105-9802 CG ; .
I Remarks: (2-1) Converted from NIBS.
Creditor: (1454268) Claim No: 3 Status:
PENNSYLVANIA DEPARTMENT OF Original Filed Filed by: CR
REVENUE Date: 04/15/2002 Entered by: NIBS Conversion, May2003
BANKRUPTCY DIVISION Original Entered Modified: 04/15/2002
DEPARTMENT 280946 Date: 04/15/2002
HARRISBURG, PA 1 7 1 28-0946
Unsecured claimed: $849.32
Secured claimed: $0.00
Priority claimed: $2985.89
Unknown claimed: $0.00
Admin claimed: $0.00
Total claimed: $3835.21
Details 33-11 04/15/2002 Claim #3 filed by PENNSYLVANIA DEPARTMENT OF REVENUE, total amount claimed:
$3835.21 (NIBS_Conversion, May2003 )
I Description: (3-1) CHIEF ; .
Remarks: (3-1) Converted from NIBS.
Creditor: (1454269)
GENERAL MOTORS ACCEPTANCE CORP
P O BOX 5055
TROY, MI 48007-5055
Claim No: 4 Status:
Original Filed Filed by: CR
Date: 04/30/2002 Entered by: NIBS _Conversion, May2003
Original Entered Modified: 04/30/2002
Date: 04/30/2002
Unsecured claimed: $0.00
Secured claimed: $13627.09
Priority claimed: $0.00
Unknown claimed: $0.00
History:
Details 44=1 04/30/2002 Claim #4 filed by GENERAL MOTORS ACCEPTANCE CORP, total amount claimed:
$13627.09 (NIBS-Conversion, May2003 )
Description: (4-1) BANKRUPTCY ADMINISTRATOR ; .
Remarks: (4-1) Converted from NIBS.
6 10/ 1 R/201 n 3 -a i PM
;BC PAM'- LIVE - VERSION 3.3.3 https://ecfpamb.uscourts.gov/cgi-bin/SearcbClaims.pl?62850723465...
Admin claimed: $0.00
Total claimed: $13627.09
History:
Details 44=1 04/30/2002 Claim #4 filed by GENERAL MOTORS ACCEPTANCE CORP, total amount claimed:
$13627.09 (NIBS_Conversion, May2003 )
Description: (4-1) BANKRUPTCY ADMINISTRATOR ; .
Remarks: (4-1) Converted from NIBS.
Creditor: (1454270)
SHERMAN ACQUISITION LP
RESURGENT CAPITAL SERVICES
PO BOX 10587
GREENVILLE, SC 29603-0587
Unsecured claimed: $2092.67
Secured claimed: $0.00
Priority claimed: $0.00
Unknown claimed: $0.00
Admin claimed: $0.00
Total claimed: $2092.67
Claim No: 5 Status:
Original Filed Filed by: CR
Date: 05/06/2002 Entered by: NIBS _Conversion, May2003
Original Entered Modified: 05/06/2002
Date: 05/06/2002
Details 5_1 05/06/2002 Claim #5 filed by SHERMAN ACQUISITION LP, total amount claimed: $2092.67
(NIBS-Conversion, May2003 )
Description: (5-1) JOYCE MONTJOY, RECOVERY MANAGER OF RESURGENT CAPITAL SERVICES ; .
Remarks: (5-1) Converted from NIBS.
Creditor: (1454255) Claim No: 6 Status:
JAMES R NEAL JR Original Filed Filed by: CR
4275 FLAGLER ESTATES BLVD Date: 06/04/2002 Entered by: NIBS Conversion, May2003
HASTINGS, FL 32145 Original Entered Modified: 10/23/2002
Date: 06/04/2002
Unsecured claimed: $0.00
Secured claimed: $0.00
Priority claimed: $5548.83
Unknown claimed: $0.00
Admin claimed: $0.00
Total claimed: $5548.83
History:
Details 6_I 06/04/2002 Claim #6 filed by JAMES R NEAL JR, total amount claimed: $5548
83 (NIBS
Conversion
.
,
-
May2003 )
Details 9_1 10/22/2002 Claim #9 filed amending Claim #6 filed by JAMES R NEAL JR, total amount claimed: $0
(NIBS-Conversion, May2003 )
Description: (6-1) OBJ BY DEBTOR FILED 10/03/02 CG OBJ WITHDRAWN 10/22/02 CG
Remarks: (6-1) Converted from NIBS.
(9-1) Converted from NIBS.
6 10/18/2010 3.41 PM
;BC PAM , LIVE - VERSION 3.3.3
Creditor: (1454272)
SECURITY SAVINGS
P O BOX 8469
CANTON, OH 44711
Unsecured claimed: $0.00
Secured claimed: $110546.87
Priority claimed: $0.00
Unknown claimed: $0.00
Admin claimed: $0.00
Total claimed: $110546.87
https://ecf.pamb.uscourts.gov/cgi-bin/SearchClaims.pl?62850723465...
Claim No: 7 Status:
Original Filed Filed by: CR
Date: 06/11/2002 Entered by: NIBS Conversion, May2003
Original Entered Modified: 06/11/2002
Date: 06/11/2002
Details 77-11 06/11/2002 Claim #7 filed by SECURITY SAVINGS, total amount claimed: $110546.87
(NIBS-Conversion, May2003 )
Description:
I Remarks: (7-1) Converted from NIBS.
Creditor: (1454274)
THE EDUCATION RESOURCES
330 STUART ST SUITE 500
PO BOX 9123
BOSTON, MA 02117-9123
caann 1VO: s
Original Filed
Date: 07/02/2002
Original Entered
Date: 07/02/2002
Status:
Filed by: CR
Entered by: NIBS Conversion, May2003
Modified: 07/02/2002
Unsecured claimed: $22369.12
Secured claimed: $0.00
Priority claimed: $0.00
Unknown claimed: $0.00
Admin claimed: $0.00
Total claimed: $22369.12
Details 88-11 07/02/2002 Claim #8 filed by THE EDUCATION RESOURCES INSTITUTE, total amount claimed:
$22369.12 (NIBS-Conversion, May2003 )
Description: (8-1) MK MGR ; .
Remarks: (8-1) Converted from NIBS.
Creditor: (1454255)
JAMES R NEAL JR
4275 FLAGLER ESTATES BLVD
HASTINGS. FL 32145
Claim No: 9
Original Filed
Date: 10/22/2002
Original Entered
Date: 10/23/2002
Status:
Filed by: CR
Entered by:
Modified.- 10/23/2002
Details 9_1 10/22/2002 Claim #9 filed amending Claim #6 filed by JAMES R NEAL JR, total amount claimed: $0
(NIBS-Conversion, May2003 )
Description.-
Remarks: (9-1) Converted from NIBS.
6 10/18/2010 3.41 PM
;BC, PAM . LIVE - VERSION 3.3.3
https:Hecf pamb.uscourts.gov/cgi-bin/SearchC]aims.pl?62850723465...
Last Amendment
Filed: 10/22/2002
Last Amendment
Entered: 10/23/2002
(Amends Claim No: 6
Unsecured claimed: $0.00
Secured claimed: $0.00
Priority claimed: $0.00
Unknown claimed: $0.00
Admin claimed: $0.00
Total claimed: $0.00
Details 9_1 10/22/2002 Claim #9 filed amending Claim #6 filed by JAMES R NEAL JR, total amount claimed: $0
(N1BS_Conversion, May2003 )
Description:
Remarks: (9-1) Converted from NIBS.
Claims Register Summary
Case Name: Eric A Failing
Case Number: 1:02-bk-01446-MDF
Chapter: 13
Date Filed: 03/18/2002
Total Number Of Claims: 9
Total Amount Claimed' Total Amount Allowed
Unsecured $126939.17
Secured $124173.96
Priority $8534.72 ?-
Unlcnown F $0.00 ?-
Admiaistrative F $0.00
1 Total 1$259647.85 $0.00
PACER Service Center
Transaction Receipt
10/18/2010 15:38:37
PACER cg0085 Client
Login: Code:
Claims Search 1:02-bk-01446-MDF Filed or
Description: Register Criteria: Entered From: 1/1/1980 Filed or
Entered To: 10/ 18/2010
10/18/20103.41 PM
BC PAM - LIVE - VERSION 3.3.3
https: //ecf.pamb.uscourts.gov/cgi-bin/SearchClaims.pl?62850723465...
Billable Cost: 0.08
Pages: I'
10/18/2010 3:41 PM
B18W (08/07)
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF PENNSYLVANIA
In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade):
Eric A Failing
2101 Foxfire Drive
Mechanicsburg, PA 17055
Chapter 13
Case No. 1:02-bk-01446-MDF
Last four digits of Social-Security, Individual
Taxpayer-Identification, Employer Tax-Identification No(s)(if
any):
xxx-xx-4231
DISCHARGE OF DEBTOR AFTER COMPLETION
OF CHAPTER 13 PLAN
It appearing that the debtor is entitled to a discharge,
IT IS ORDERED:
The debtor is granted a discharge under section 1328(a) of title 11, United States Code, (the Bankruptcy Code).
BY THE COURT
Dated: Ma 16.2008 7??04
Mary D. France
United States Bankruptcy Judge
SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION.
This document Is electronically signed and filed on The saute date.
Case 1:02-bk-01446-MDF Doc 26 Filed 05/16!08 Entered 05/16/0808:01
B 18W Page 1 of 2
E IXH1HIBIT
V
. o
FORM B18W continued (08/07)
EXPLANATION OF BANKRUPTCY DISCHARGE
IN A CHAPTER 13 CASE
This court order grants a discharge to the person named as the debtor after the debtor has completed all
payments under the chapter 13 plan. It is not a dismissal of the case.
The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a
creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages
or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving
community property:] [There are also special rules that protect certain community property owned by the debtor's
spouse, even if that spouse did not file a bankruptcy case.) A creditor who violates this order can be required to pay
damages and attorney's fees to the debtor.
However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against
the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a
debtor may voluntarily pay any debt that has been discharged.
]gels That are DischaWd
The chapter 13 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but
not all, types of debts are discharged if the debt is provided for by the chapter 13 plan or is disallowed by the court
pursuant to section 502 of the Bankruptcy Code.
Debts that are Not Discharggd
Some of the common types of debts which are to discharged in a chapter 13 bankruptcy case are:
a. Domestic support obligations;
b. Debts for• most student loans;
c. Debts for most fines, penalties, forfeitures, or criminal restitution obligations;
d. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft
while intoxicated;
e. Debts for restitution, or damages, awarded in a civil action against the debtor as a result of malicious or
willful injury by the debtor that caused personal injury to an individual or the death of an individual (in a case
filed on or after October 17, 2005);
f. Debts provided for under section 1322(b)(5) of the Bankruptcy Code and on which the last payment is due
after the date on which the final payment under the plan was due;
g. Debts for certain consumer purchases made after the bankruptcy case was filed if prior approval by the
trustee of the debtor's incurring the debt was practicable but was not obtained; and
h. Debts for most taxes to the extend not paid in full under the plan (in a case filed on or after October 17,
2005); and
i. Some debts which were not properly listed by the debtor (in a case filed on or after October 17, 2005).
This information is only a general summary of the bankruptcy discharge. There are exceptions to these
general rules. Because the law is complicated, you may want to consult an attorney to determine the exact
effect of the discharge in this case.
Case 1:02-bk-01446-MDF Doc 26 Filed 05/16/08 Entered 06/16/0808:01:27 Desc
B18W Page 2 of 2
1 , , a
fnit ec (08107)
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF PENNSYLVANIA
In re: Debtor(s) (name(s) used by the debtor(s) in the fast 8 years, including married, maiden, and trade):
Eric A Failing
2101 Foxfire Drive
Mechanicsburg, PA 17055
Chapter 13
Case No. 1:02-bk-01446-MDF
Last four digits of Social-Security, Individual
Taxpayer-Identification, Employer Tar-Identification No(s)(if
any):
xxx-xx--4231
FINAL, DECREE
The estate of the above named debtor(s) has been fully administered and the deposit required by the plan has been
distributed.
IT IS ORDERED THAT:
Charles J. DeHart, III (Trustee)
is discharged as trustee of the estate of the above-named debtor(s); and the chapter 13 case of the above named
debtor(s) is closed.
Dated: Jane 17.2008
BY THE COURT
Mary D. France
United States Bankruptcy Judge
This docunremt is electronically signed and filed on the same date.
Case 1:02-bk-01446-MDF Doc 28 Filed 06/17/08 Entered 06/17/08 14:39:50 Desc
fnldec Pagel of 1
r t `
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THE EDUCATION RESOURCES
INSTITUTE, INC.,
VS. Plaintiff
ERIC FAILING
Defendants
NO. 10-6460
CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on November 1 2010, she served a true
and correct copy of the attached Defendant's Answer to Complaint and New Matter via
United States Mail, First Class, postage prepaid, upon the following:
Attn: Joel M. Flink, Esquire
Gordon & Weinberg, P.C.
1001 E. Hector St. Suite 220
Conshohcken PA 19428
Sonja L. omegna, Paraleg
(00422330/1)
7
FILED-OFFICE
OF THE PROTHONOTARY
2010 DEC 10 PH 2: 22
CUMBERLAND COUNTY
PEWNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
THE EDUCATION RESOURCES INSTITUTE, INC.
Plaintiff
VS.
ERIC FAILING
Defendant
No. 10-6460
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITH PREJUDICE TO REFILE
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 Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#8015480 TIC
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
THE EDUCATION RESOURCES INSTITUTE, INC.
Plaintiff
VS.
ERIC FAILING
Defendant
Civil Action No. 10-6460
PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREDJUDICE TO REFILE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please kindly Settle Discontinue the above captioned matter upon the records of the Court with prejudice
and mark the cost paid.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: ? v i
William T. Molczan, Esq
PA 1.D #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#8015480
Sworn to and subscribed
Before me the 8 TM
Day of w be ,l
N TARY PUB C
COMMONWEAL I %n PENNSYLVANIA
t'loterlal seat
Wendy L. Gault, NOtarY Public
Of pW3bu9h, Mtegww County
MM EOMS July 15, 2014
MY COMM la Assodation of Notaries
Member. PennsvNan