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HomeMy WebLinkAbout02-0146 ~ .; l PAUL H. BOSWELL, JR., Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 200a - I~CIVIL TERM - EQUITY BANC ONE CONSUMER DISCOUNT COMPANY AND ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC., Defendant 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 A LAWYER AT ONCE. NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU LEGAL HELP. IF YOU DO TELEPHONE CAN GET Cumberland Count Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 PAUL H. BOSWELL, JR., Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2 0 O~ - NCr CIVIL TERM - EQUITY BANC ONE CONSUMER DISCOUNT COMPANY AND ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC., Defendant COMPLAINT AND NOW, comes the Plaintiff, Paul H. Boswell, Jr., and makes the following Complaint: 1. The Plaintiff is Paul H. Boswell, Jr., an adult individual residing at 908 Franklin Street, Carlisle, PA 17013. 2. The Defendant Banc One Consumer Discount Company (hereafter "Banc One") is a business corporation doing business in Pennsylvania, with its principal place of business at 8604 Allisonville Road, Indianapolis, IN 46250-1008. 3. The Defendant Associates Home Equity Consumer Discount Company, Inc. (hereafter "Associates") is a business corporation, doing business in Pennsylvania, with its principal place of business at 250 East Carpenter Freeway, Irving, TX 75062. 4. On May 23, 1996 Paul H. Boswell, Jr. and his wife, Linda K. Boswell executed and delivered a mortgage on the property at 908 Franklin Street, Carlisle, Pennsylvania, to Banc One, as a requirement for obtaining a Fifty Thousand Three Hundred Sixty-nine and 59/100 ($50,369.59) Dollars loan, said mortgage being recorded 9. Plaintiff, by and through his undersigned attorney, by letters dated November 6, 2001, requested both Defendants to forward the Satisfaction piece to Plaintiff's Attorney or the Recorder of Deeds within forty-five (45) days. Attached hereto, made a part hereof and marked Exhibit "B" is a true and correct copy of the Plaintiff's attorney's letter of November 6, 2001, which meets the notification requirements of the Act of July 31, 1968 P.L. 866 No. 256, 21 P.S. 682. 10. Banc One and Associates both accepted service of their certified mail letter on November 9, 2001. A true and correct copy of the green return receipt card for each Defendant is attached hereto, made a part hereof and marked Exhibit "C". 11. Nei ther Defendant has responded to the Plaintiff's undersigned attorney in response to the letter of November 6, 2001. 12. As of the date of filing this Complaint the Defendants have failed to forward a Satisfaction Piece necessary to satisfy the mortgage of record to Plaintiff's undersigned attorney or to the Recorder of Deeds in and for Cumberland County. COUNT I PAUL H. BOSWELL, JR. VS. BANC ONE CONSUMER DISCOUNT COMPANY AND ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC. 13. The averments contained in Paragraphs 1 through 12 are incorporated herein by reference. 14. Forty-five (45) days have elapsed since the date when Paul H. Boswell, Jr. paid the mortgage in full. -3- 15. More than forty-five (45) days have elapsed since the date when Plaintiff gave Defendants written Notice and requested Defendants to forward the Satisfaction Piece regarding said mortgage. WHEREFORE, Plaintiff, Paul H. Boswell, Jr., requests Your Honorable Court to: a. Order and Direct the Defendants, Banc One and Associates, to satisfy said mortgage on the records of the Cumberland County Recorder of Deeds; and b. Grant such other and further relief as may be just and proper. COUNT II PAUL H. BOSWELL, JR. VS. BANC ONE CONSUMER DISCOUNT COMPANY, AND ASSOCIATES HOME EQUITY DISCOUNT COMPANY, INC. 16. The averments contained in Paragraphs 1 through 15 above are incorporated herein by reference thereto. 17. As a result of the Defendants' failure to satisfy the said mortgage of record, Plaintiff has incurred damages and has been precluded from obtaining a first mortgage and borrowing money on the security of his property. 18. Pursuant to the Act of July 31, 1968, P.L. 866 No. 257, Section 1, 21 P.S. 682, Plaintiff is entitled to statutory liquidated damages in an amount not to exceed the original principal sum of the mortgage. -4- in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Mortgage Book 1322, Page 34. 5. On November 1, 1996, Mr. and Mrs. Boswell refinanced this obligation and the loan was paid in full by Members 1st Check in the amount of Fifty-one Thousand Eighty-six and 85/100 ($51,086.85) Dollars, which payment included sufficient funds to satisfy the aforesaid mortgage. Members 1st mailed the check, payable to Ford Consumer Finance in accordance with instructions received from Banc One. The funds were received by Banc One's Agent and the mortgage paid in full. A true and correct coy of the Members 1st cancelled check in the amount of Fifty-one Thousand Eighty-six and 85/100 ($51,086.85) Dollars is attached hereto, made a part hereof and marked Exhibit "A". 6. Linda K. Boswell died on December 24, 1997 vesting title to the real estate in the Plaintiff, as surviving tenant by the entirety. Paul H. Boswell, Jr. paid in full the balance of the mortgage with Members 1st, which was then satisfied of record. 7. The Banc One mortgage, although paid in full, was nevertheless assigned by Banc One to Associates on June 13, 2000. This Assignment is recorded in Cumberland County Miscellaneous Book 647, Page 615. 8. Subsequently on or about August 2001, Plaintiff sought to obtain a new first mortgage through Members 1st. He was then advised by Members 1st Federal Credit Union that the mortgage to Banc One had not been satisfied. -2- . , 9. Plaintiff, by and through his undersigned attorney, by letters dated November 6, 2001, requested both Defendants to forward the Satisfaction Piece regarding the mortgage within forty- five (45) days. Attached hereto, made a part hereof and marked Exhibit "B" is a true and correct copy of the Plaintiff's attorney's letter of November 6, 2001, which meets the notification requests of the Act of July 31, 1985, PoL. 866 No. 256, 21 P.S. 682. 10. Banc One and Associates both accepted service of their certified mail letter on November 9, 2001. A true and correct copy of the green return receipt card for each defendant is attached hereto, made a part hereof and marked Exhibit "C". 11. Neither Defendant has responded to the Plaintiff's undersigned attorney in response to the letter of November 6, 2001. 12. As of the date of filing this Complaint the Defendants have failed to forward a Satisfaction Piece necessary to satisfy the mortgage of record to Plaintiff's undersigned attorney or to the Recorder of Deeds in and for Cumberland County. COUNT I PAUL H. BOSWELL, JR. VS. ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC. 13. The averments contained in Paragraphs 1 through 12 are incorporated herein by reference. 14. Forty-five (45) days have elapsed since the date when Paul H. Boswell, Jr. paid the mortgage in full. -3- 15. More than forty (40) days have elapsed since the date when Plaintiff gave Defendants written Notice and requested Defendants to forward the Satisfaction Piece regarding said mortgage. WHEREFORE, Plaintiff, Paul H. Boswell, Jr., requests Your Honorable Court to: a. Order and Direct the Defendants, Banc One and Associates, to satisfy said mortgage on the records of the Cumberland County Recorder of Deeds; and b. Grant such other and further relief as may be just and proper. COUNT II PAUL H. BOSWELL, JR. VS. BANC ONE CONSUMER DISCOUNT COMPANY, AND ASSOCIATES HOME EQUITY DISCOUNT COMPANY, INC. 16. The averments contained in Paragraphs 1 through 15 above are incorporated herein by reference thereto. 17. As a result of the Defendants' failure to satisfy the said mortgage of record, Plaintiff has incurred damages and has been precluded from obtaining a first mortgage and borrowing money on the security of his property. 18. Pursuant to the Act of July 31, 1968, P.L. 866 No. 257, Section 1, 21 P.S. 682, Plaintiff is entitled to statutory liquidated damages in an amount not to exceed the original principal sum of the mortgage. -4- WHEREFORE, Plaintiff, Paul H. Boswell, Jr. requests Your Honorable Court to enter judgment in favor of Plaintiff and against the Defendants, jointly and severally, in the amount of Fifty Thousand Three Hundred Sixty-eight and 59/100 ($50,368.59) Dollars, plus interest and cost of suit. By: Suite 203 VERIFICATION Paul H. Boswell, Jr. hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. CoSo ~4904 relating to unsworn falsifications. ~/JaI ~vJrfJlUJ/(A / DATE: January /~, 2002 -5- '. -~ ~J ~ ~., it. ;~IoC:"-: .",,:~,... :' ". .. .',:.'~~;':t,. , ~ ~ . :,.. ~ "" " "co ..#.~;:~} ~\'\'i'>? i/J;:J;f' t~.~~ ..,,".:.10...~. . :~~~;~~i. ",,!,~,.,'!o,.r:.. ..'......;;it )~j}~.. :. ).~'t.~ i: .....~~< '" _ ~-t;~ - ":'-'~~:~:~' :: ~l'-"~' :~ ~ ,~~<.~. " = :: . = .' J> 'T, .... .' , ~ ::!: '" ,~ :j ~ Co. .:: '. - - ... .; .:; '" ;oJ :.l : ~ :c ... III c; ,., g ~ -' :: ;;:. ~ .z. ;;. ;. < :.. Q, ~ " ::'~ -' ::> :~ -:'~~L, I ~ ~ i p U6-~ SDDnOO :~?5~ u+ (.7/ I n~: 3!V~Od~O~ ~UNn_~ C'~-I"::: ?t:80 IODZ-SZ-!JO N I (7 ! '-'( ') b p~ 7-- HH SOOISOD d -: :.:-:.. ,~... nJ: 31 V~Od~O:l :l _I, ~ 'J"..::,; -.~~ ~~-:: '. '.'~ 4!~: ~ ~.~~~~ ~il .....,::-' ~p:80 I002-S2-1:l0 DALE F. SHUGHART, JR. ATTORNEY AT LAW 35 EAST HIGH STREET SUITE 203 CARLISLE, PENNSYLVANIA 17013 Telephone (7171 241 -43 11 Facsimile (7171 241-4021 OF COUNSEL HAMILTON C. DAVIS LEGAL ASSISTANT BONNIE L. COYLE November 6, 2001 Certified Mail #7099 3400 0018 5046 7340 Banc One Consumer 8604 Allisonville Indianapolis, IN Discount Company Road 46250-1008 Certified Mail #7099 3400 0018 5046 7333 Associates Home Equity Consumer Discount Company, Inc. 250 East Carpenter Freeway Irving, TX 75062 RE: Mortgage of Linda K. Boswell and Paul H. Boswell, Jr. her husband Date of Mortgage: 5/24/96 Property address: 908 Franklin Street, Carlisle, PA 17013 Recording Data: cumberland County Mortgage Book 1322, Page 3"4. Gentlemen: I am the attorney for Paul H. Boswell, Jr., Widower of Linda K. Boswell who died on December 24, 1997. I have agreed to represent Mr. Boswell in regard to the failure of Banc One Consumer Discount Company and/or Associates Home Equity Consumer Discount Company, Inc. to satisfy a mortgage of record. The facts are as follows: 1. Mr. and Mrs. Boswell entered a mortgage with Banc One on May 23, 1996 for the sum of $50,369.59. A copy of this mortgage is enclosed. 2. On November 1, 1996, Mr. and Mrs. Boswell refinanced this obligation and the loan was paid in full my Members 1st check in the amount of $51,086.85 payable to Ford Consumer Finance Company as directed. Copies of the HUD-l Settlement Statement and cancelled check evidencing the payment in full of ~x-NI 0 r1 8 f/ I DALE F. SHUGHART, JR. November 6, 2001 Page 2 this obligation are enclosed. 3. Linda K. Boswell died on December 24, 1997. 4. The mortgage was assigned by Banc One Consumer Discount Company to Associates Home Equity Consumer Discount Company on June 13, 2000. This Assignment is recorded in Cumberland County Mortgage Book 647, Page 615. A copy is enclosed. Mr. Boswell has applied for a mortgage through Members 1st. His mortgage application has not been approved because the above captioned mortgage has not been satisfied of record. Mr. Boswell is unable to secure first mortgage financing on his property because the above captioned mortgage is not satisfied. Therefore, pursuant to the Act of July 31, 1968, P.L. 866, No. 259, Section I, as amended, 21 P.S. 681, 682, I am hereby directing you to forward papers necessary to satisfy this mortgage of record to the Recorder of Deeds or to me immediately. If satisfaction papers are not received within forty-five (45) days of your receipt of this Notice, legal proceedings will be instituted as provided for in the aforementioned Statute. Very truly yours, Dale F. Shughart, Jr. DFS,JR/bc Enclosures cc Paul H. Boswell, Jr. extlf3rf {3 p/-Z ... .. "0 ~ u; . . .. III ; > .. ~ a> :: c: 0 "0 a> Qj ii E 0 " I also wish to receive the following selVices (for an extra fee): 1 . D Addressee's Address 2. D Restricted Delivery Consult postmaster for fee. 4a. Article Number 70993400001850467340 SENDER: . Complete items 1 and/or 2 lor addItional servIces. . Complete Items 3, 48. and 4b. . Print your name and address on the reverse of this form so that we can return this card to you. . Anach this form to the fronl of the mallplece. or on the back if space dOes nol permit. . Write "Return Receipt Requested- on the mailpiece below the anicle number. . The Return ReceIpt Win show to w~om the anicle was delivered and the jate delivered. 3. Article AddreSsed to: Bane One Consumer Dis Co 8604 Allisonville Road Indianapolis, IN 46250-1008 4b. SelVlce Type D Registered D Express Mail ~elurn <lecelpt lor Merchandise 7 Date of Delivery - )-c I 8. Addressee's Address (Only if requested and fee IS paid) XQlI Ce rtified D Insured DCOD ,02595.ge.8.0229 Domestic Return Receipt ,..., ,..., ,..., I"- U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) U.S. Postal Service . CERTIFIED MAIL RECEIPT . (DomestiC Mall Only; No Insurance Coverage ProVided) t fi ( ~l ~ If ~ I ~ i a: g'f ~r ~ o. -\ ,,' o >; """ c: III J: ~ ,..., I"- CJ ....ll - L i C ....ll =r CJ U"1 ::::':",;:~.:;~'" _(~: l. i ~ ."C", ,," R: , .~ :::;~C~._. =....,. . -. - -~. -" ::"dor!..-~": :::-:,,::_:',=c- ' CJ U"1 // + ;l~ cO .-'I CJ CJ (Boswell) Gi " .:; ~ .. Ul a .. " .. a: j~y~lf7rr .~ '- 'C J. " .E " o ,.. """ c: Ill' J: ~. I I I i cO .-'I CJ CJ =-2:- :;-C':"S.;-- ~ q.-.tr!C:::'~ :'''-' .00'..... ;:~~ :=_.,corse~e"" :::~(;;.;:''''C' => ~S:''::~ Total Postage &. Fees $ (Boswell) CJ CJ .::r- ; Recipient's .'Vame F~a~..; :',-:-:: ed" ,..., iotal PC~~~l':l'2 3, ::ees S CJ CJ :::r Reclr"enr-; '.ame = "',,-'" .; . .".1" . -- .. - - . ,..., Bane One Con DisCo A.s..s.Q.C.i.a.te.SuuH.oID.e.. Equ.it.y Cons ume r. tr s".D:(si:'o~ritc'eo., Ine. ~ ":~:~,9-~'-J!,;a,st,u'C-ar'PenterFreeway 1"-' Irving, TX 75062 ~ "'....:.. ..:.- '-'u.:::'" ", tr 8604 Allisonville Rd ~ "~'.",:;:;'C=' ...... ...... .... ........ I"- . __.JI......1"..,:.al'i"'1ll~iDT'UI.I:jI. PS f-orm 3800 h'bruary 2000 . IN (Boswell ) I also wiSh to receive the following selVices (for an extra fee)' 1 . D Addressee's Address 2. D Restricted Delivery Consult postmaster for fee. 4a. Article Number 70993~00001850467333 4b. SelVice Type D Registered D Express Mall rn Return Receipt for Merchandise 7. Date of Deli~ery II -y-fl\ 8. Addressee's Address (Only if requested and fee is paid) ". SENDER: ~ . Complete items 1 and/or 2 for additional serli~.~. 'Cij . Complete Items 3. 4a. and 4b. "'-., G) . Print your name and address on the reverse Of thiS form so that we can retum this ~ card to you ~ . Attach this form to the front of the mailplece Jr on the back if space does nol ! permit. Q) . Write -Return Receipt Requested" on tne ms;ipiece below the article number. J:_ . The Return Receipt will show to whom the article was delivered and the date delivered. a 3. Article Addressed to: ~Assoeiates Home Equity tConsumer Dis Co., Inc. g250 East Carpenter Freeway "Irving, TX 7:5062 ~ Certified D Insured D COD 5. Received By: (Print Name) 6. Signature: (Addressee or ~ent) g X ""'bE1:i~ECt. ,.. J!! PS Form 3811, Decembe~-~ 102595-98.8-0229 Domestic Return Receipt IV: <f:;+O I 46250-1008 --"n::.'1.:.:..._:ali"ill:t.'\..I~. , I ^ ~ cJ'\ .......::J ~ f~ ~ ~~ cl ~:f ~\ ~t (") c ~ VOt [!If' , Z:L Z'- ~ ":!d.-" CC) ~. 2Q 0CJ .....C ~ , ... ~ . ~. c-:> 1,"-" -r:~ ~ ,"",- 2:::-", --"'- Ie". /3?~ ~ :iJ -< o (:J SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2002-00146 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOSWELL PAUL H JR VS. BANC ONE CONSUMER DISCOUN ETAL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,BANC ONE CONSUMER DISCOUNT COMPANY by United States Certified Mail postage prepaid, on the 14th day of January ,2002 at 0000:00 HOURS, at EXACT ADDRESS UNKNOWN SEE COPY FROM POST OFFICE FISHERS, IN 46038-1008 , a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by J.M.FARRELL 01/22/2002 on Additional Comments: Sheriff's Costs: Docketing Cert Mail Affidavit Surcharge 18.00 4.40 .00 10.00 .00 32.40 ~o answ _ s /// ... . --:;:;:::-- -~~ --- ..~. 'Th~~ Sheriff of Cumberland County Paid by DALE F SHUGHART JR on 02/22/2002 . Sworn and subscribed to before me this l~ day of ~ JOV:;L. A. D. q~t~th~O{:;~'A_' ~' SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2002-00146 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOSWELL PAUL H JR VS. BANC ONE CONSUMER DISCOUN ETAL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY INC by United States Certified Mail postage prepaid, on the 14th day of January ,2002 at 0000:00 HOURS, at 250 EAST CARPENTER FREEWAY IRVING, TX 75062 , a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by SIGNATURE ILLEGIBLE 01/17/2002 on Additional Comments: Docketing Cert Mail Affidavit Surcharge 6.00 4.40 .00 10.00 .00 20.40 Sheriff's Costs: So R. Thomas Kline Sheriff of Cumberland County Paid by DALE F SHUGHART JR on 02/22/2002 . Sworn and subscribed to before me this i.A-1- day of ~ J...oo,L, A . D . Q~.u () ~_J.h / J~ rothonotary , . Complete items 1. 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece. or on the front if space permits. ,. Article Addressed to: Associates Home EqUity Consumer Discount canpany Inc. 250 East Carpenter Freeway Irving. TX 75062 C. Signature x D. Is delivery address diff""",t fro If YES. enter deiivery address 3. Service Type ~ertified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 02-146 civ 2. Article Number (Transfer from service label) 7000 1670 0001 8790 3605 PS Form 3811 , March 2001 Domestic Return Receipt 102595-01-11-1424 UN"", S'^"l' ""''l'I """,,",' I'" II'" II' 111~11" tHl'" 11/'" I ::;:;';'34':.<8 First-Class ~lI.i' Postage & Fees Paid USPS Permit No. G-10 · Sender: Please print your name, address, and ZIP+4 in this box. . C' W7. V C! 'r:"'FF'S DEPARTMENT CUMBERLAND C ',L," . ";.'" up.....l,!nl tr:,. ONE CO' ,'.[ "'''>', CARLISLE PA I (0 I 3 /., .1//."11/",/1.1/,.1/././,, ,/,,1/, /" /"1,1/..,,.. 11/,/11/ . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attacll" this card to the baCK Of the mailpiece, or on the front if space permits. 1. Article Addressed to: c. Signature x 0" Is delivery address different from item 1? If YES, enter delivery address beloW: D Agent D Addressee DYes D No Bane One Constnner Diseoun t ccmpany 8604 Allisonville Road Indianapolis, IN 46250-1008 3. Service Type Certified Mail D Registered D Insured Mail D Express Mail D Return Receipt for Merchendlse DC.O.D. 4. Restricted Delivery? (Extra Fee) DYes 02-146 civ: .... 102i~1-M.14241 ~...._-.....,----_...- UNITED STATI;S POSTAL SERVICE III/II -._----~-~. First-Clas~ail Postage,,& Fees Paid USPS , Per 0.- · Sender: Please print your name, address, and ZIP+4 i CUMBERLAND ce' ,. ONE COU;-;,r": ::" CARLISLE PA .7Gi3 ('It DEPARTMENT - "UIll,III1I,,"I1,,", "lI"i1/," ,"",1/ " rill FEB-14-e2 e5:51 PM ~RRLI5LE.P05T.OFFI~E 717 245 59ge . ~ Ulrect Query - Intranet - "Quick" Search A "11 pJ', Cb fZ..1 ~ p.el PaBe 1 of I ~ jl'\Nlt t~:':'L\il \ ~ '\ '\1 1J '1, 1,'''',1( I ~ Track/Confirm . Intranet Item Inquiry . II Item: 7000 1870 0001 87903Ggv D..tlnatlon ZIP Code: Orl In P COd.: State: IN State: Event DELIVERED Date TIme Location D1/2212002 11:80 FISHERS IN 48031 Firm Name: BANK ONE -~ .:;' . r.:\' ARRIVAL AT UNIT UNDILlVERAILE AS '., tiDe ~ to G ,I . 'I J lor.. ..'. . ~ t 0112212002 01:14 FISHERS IN 415038 0111812002 07:41 INDIANAPOLIS IN Enter Request Type and Item Number: Quick Searc;h C! Extensive Search (' ~------~-~-~=".., ". . ~ ,H ~ "Lt~.,C\_~,.I+..i5. ;~t: 'll:m NWlIbl'r: r .-.'. i . ~ . , . . , Inqulr. on multiple Items. Go to the Product Trllcklng Syetem Horn. Page. ct<\~~ r , ,_,\2-t' '''- 1) .11 \ ~ r...~~ ~~. . 01"" ~I...o'" CO t\"~ I '.M. ..\ OS'~~~O A\'- ( 6~'-"'\ ",to ~ p..\lJ "v'" ~~"':,.{lIl1\ ,(o f'1J .. ~~ ~ \r\p.l~' ~ 0.,.) ~ l . http://pts.l.Isps.gov/netdata-cgildb2www/ebd.....242.d2w/OUTPUT 2/1412002 FEB-14-~2 ~3:~1 PM ~RRLISLE.POST.OFFI~E Dirlilct Query - Intranet 717 243 ~99~ ,- ........_ I '!\if I ~ [' ',1.1 r t \ --- r',.) T 'I "{ f( l ill TraCk/Confi"" . Intranet Item Inquiry Item Number: 7000 1670000187903599 Thla Item wee .IIver8d on 01fa12002 at t 1 :60. Signature: ~~~ J n? _ bl.Jf,€t.I~._ _ .._ . P' ddres.: I ~(d Enter Request Type and Item Number: QuIck Search II: Eldenslve Search r ~~~l~)~ J <> ",:'..~"'.',~..!.~.J!..-~i.'"M~..jL~:: 1/,J~. ~ . 110m Number: L --~. I , . .".: Inquire on multiple Item.. Go to the Product Tracking Sy.wm Mom" P,ge. http://pts.W1ps.gov/netdata-cgi/db2www/cbd-.242.d2w/IMG P.~2 Page 1 ofl 2/14/2002 PAUL H. BOSWELL, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2002 - 146 CIVIL TERM - EQUITY BANC ONE CONSUMER DISCOUNT COMPANY AND ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC., Defendants MOTION TO SCHEDULE A HEARING FOR ENTRY OF AN APPROPRIATE FINAL DECREE BY THE COURT AND NOW, comes the plaintiff, Paul H. Boswell, Jr., by his attorney, Dale F. Shughart, Jr., Esquire and respectfully represents as follows: 1. On November 1, 1996, Plaintiff and his wife, (who is now deceased) paid in full an obligation to Banc One, which was secured by a Mortgage filed of record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. 2. Banc One failed to satisfy the Mortgage and in fact on July 13, 2000, assigned the mortgage to Defendant, Associates. 3. By certified mail letters dated November 6, 2001, the undersigned demanded that the mortgage be satisfied and provided a Statutory Notice pursuant to 21 P.S. 681 et seq. 4. Neither Defendant responded to the 45 day Notice. 5. On January 11, 2002, Plaintiff filed a Complaint in Equity, requesting that the mortgage be satisfied and that the Court fix damages pursuant to 21 P.S. 682. 6. The Complaint was served upon Defendant Banc One on January 22, 2002 by the Cumberland County Sheriff. 7. The Complaint was served upon Defendant Associates on January 22, 2002 by the Cumberland County Sheriff. 8. More than 20 days passed and neither Defendant entered an appearance or filed a pleading in the case. 9. On February 18, 2002, the undersigned mailed each Defendant a Notice of Intention to Enter Judgment by Default. Neither Defendant responded to the Notice. 10. On March 11, 2002, the Prothonotary entered judgment against both Defendants by default upon Praecipe of the Plaintiff. 11. The Plaintiff reasonably requires entry of an appropriate final Decree by the Court to: a. Direct Defendants or the Recorder of Deeds to satisfy the mortgage; b. Award appropriate damages under 21 P.S. 682. WHEREFORE, pursuant to PA.R.C.P. 1511(b), Plaintiff prays Your Honorable Court to schedule a hearing on the matter. f Dale F. Shughart, Attorney I.D. #193 35 East High Street, Sui e 203 Carlisle, PA 17013 (717) 241-4311 Attorney for Plaintiff, Paul H. Boswell, Jr. -2- PAUL H. BOSWELL, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2002 - 146 CIVIL TERM - EQUITY BANC ONE CONSUMER DISCOUNT COMPANY AND ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC., Defendants CERTIFICATE OF SERVICE AND NOW, this 11th day of March, 2002" I, Dale F. Shughart, Jr., Esquire, attorney for Paul H. Boswell, Jr., Plaintiff, hereby certify that I have served a copy of the Motion to Schedule a Hearing for Entry of an Appropriate Final Decree by the Court, and proposed Order of Court, by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC. 250 East Carpenter Freeway, Irving, TX 75062. BANC ONE CONSUMER DISCOUNT COMPANY 8604 Allisonville Road, Indianapolis, IN 46250-1008. Dale F. Shughart, Jr. Attorney I.D. #19373 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 Attorney for Plaintiff, Paul H. Boswell, Jr. >- Cl ~ cr N < 1- C'-t :::> <( UJ 2 0 Z C) ~".- U [.i.::: :) - < c... -c;: (:i :::::J >- I en I.,~i ~J :2: c:: ,).,2 :::L~ ~.9Uj ~'~ , ,JCl... -'- 2; u, ('-.} :-.:J r", 0 U ~' MAR 1 3 200ry . PAUL H. BOSWELL, JR., plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2002 - 146 CIVIL TERM - EQUITY BANC ONE CONSUMER DISCOUNT COMPANY AND ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC., Defendants ORDER OF COURT AND NOW, this I "3Jd,. day of ~ , 2002, upon Motion of the plaintiff, Paul H. Boswell, Jr., by his attorney, Dale F. Shughart, Jr., Esquire, it appearing that Judgment by Default has been entered against both Defendants and that the Court is required to enter an appropriate Final Decree, which may require testimony to assist the Court in framing its Decree, a hearing in the above captioned matter is scheduled to be held at 7>, '-\ 5 0' clock CL .m., on j~ , the JGCA ~, day of ~ 2002, in Courtroom No. Cumberland County, Carlisle, Pennsylvania. CC: t6ale F. Shughart, Jr., Esquire /Banc One Consumer Discount Company /~ssociates Home Equity Consumer Discount Company, Inc. J.~~! 7 lo3jSO:Z 111 RXS . . " VIN'v'AlASNN3d AINnm af\~1:i38i^Jn:) LO:S lid S 11l~~~ 20 AQV.L();\(}'^7_;.U~~,_::~1~ 1i .::10 3~);:bO-(j:nij PAUL H. BOSWELL, JR., plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2002 - 146 CIVIL TERM - EQUITY BANC ONE CONSUMER DISCOUNT COMPANY AND ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC., Defendants MOTION TO SCHEDULE A HEARING FOR ENTRY OF AN APPROPRIATE FINAL DECREE BY THE COURT AND NOW, comes the plaintiff, Paul H. Boswell, Jr., by his attorney, Dale F. Shughart, Jr., Esquire and respectfully represents as follows: 1. On November 1, 1996, Plaintiff and his wife, (who is now deceased) paid in full an obligation to Banc One, which was secured by a Mortgage filed of record in the Office of the Recorder of Deeds in and for Cumberland County, pennsylvania. 2. Banc One failed to satisfy the Mortgage and in fact on July 13, 2000, assigned the mortgage to Defendant, Associates. 3. By certified mail letters dated November 6, 2001, the undersigned demanded that the mortgage be satisfied and provided a Statutory Notice pursuant to 21 P.S. 681 et seq. 4. Neither Defendant responded to the 45 day Notice. 5. On January 11, 2002, Plaintiff filed a Complaint in Equity, requesting that the mortgage be satisfied and that the Court fix damages pursuant to 21 P.S. 682. 6. The Complaint was served upon Defendant Banc One on January 22, 2002 by the Cumberland County Sheriff. 7. The Complaint was served upon Defendant Associates on January 22, 2002 by the Cumberland County Sheriff. 8. More than 20 days passed and neither Defendant entered an appearance or filed a pleading in the case. 9. On February 18, 2002, the undersigned mailed each Defendant a Notice of Intention to Enter Judgment by Default. Neither Defendant responded to the Notice. 10. On March 11, 2002, the Prothonotary entered judgment against both Defendants by default upon praecipe of the Plaintiff. 11. The plaintiff reasonably requires entry of an appropriate final Decree by the Court to: a. Direct Defendants or the Recorder of Deeds to satisfy the mortgage; b. Award appropriate damages under 21 P.S. 682. WHEREFORE, pursuant to PA.R.C.P. 1511 (b), Plaintiff prays Your Honorable Court to schedule a hearing on the matter. f Dale F. Shughart, Attorney I.D. #193 35 East High Street, Sui e 203 Carlisle, PA 17013 (717) 241-4311 Attorney for plaintiff, Paul H. Boswell, Jr. -2- !" -' ' .. PAUL H. BOSWELL, JR., plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2002 - 146 CIVIL TERM - EQUITY BANC ONE CONSUMER DISCOUNT COMPANY AND ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC., Defendants CERTIFICATE OF SERVICE AND NOW, this 11th day of March, 2002" I, Dale F. Shughart, Jr., Esquire, attorney for Paul H. Boswell, Jr., plaintiff, hereby certify that I have served a copy of the Motion to Schedule a Hearing for Entry of an Appropriate Final Decree by the Court, and proposed Order of Court, by mailing a copy of the same by united States mail, postage prepaid, addressed as follows: ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC_ 250 East Carpenter Freeway, Irving, TX 75062. BANC ONE CONSUMER DISCOUNT COMPANY 8604 Allisonville Road, Indianapolis, IN 46250-1008. Dale F. Shughart, Jr. Attorney I.D. #19373 35 East High Street, suite 203 Carlisle, PA 17013 (717) 241-4311 Attorney for plaintiff, Paul H. Boswell, Jr. () c.: 3':: --0 OJ mrTl Z::t' Zr" cfj "'~;~ r'i';:' ~ -' )>0 Z(-) p- C ~ ~ . -', .-- o N :J:: ~ :0 o ~n ;:!:J . -,fTl '-,-,C}' ~~~:f:~ r~(:l Orfi -" ~ -< -0 ::'I: ~ N (::> PAUL H. BOSWELL, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2002 - 146 CIVIL TERM - EQUITY BANC ONE CONSUMER DISCOUNT COMPANY AND ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC., Defendants PRAECIPE TO ENTER A DEFAULT JUDGMENT PURSUANT TO PA.R.C.P. 1511(a) Dear Sir: The Defendants having failed to appear or file a pleading in the case, and having failed to respond to a Notice of Intention to Enter Default Judgment, mailed to them on February 18 (attached hereto together with Certification of Service). Please enter judgment in favor of Plaintiff, Paul H. Boswell, Jr., and against Defendants Banc One Consumer Discount Company and Associates Home Equity Consumer Discount Company, Inc. To: Curtis R. Long, Prothonotary March 11, 2002 rlJ Attorney for Plaintiff, Paul H. Boswell, Jr. PAUL H. BOSWELL, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2002-146 CIVIL TERM - EQUITY BANC ONE CONSUMER DISCOUNT COMPANY AND ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC., Defendants NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT TO: BANC ONE CONSUMER DISCOUNT COMPANY 8604 Allisonville Road, Indianapolis, IN 46250-1008. (Defendant) DATE OF NOTICE: February 18, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE 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 (10) 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 By: le F. Shu Attorneys for 35 East High 203 Carlisle, PA 1701 (717) 241-4311 Attorney for Plaintiff PAUL H. BOSWELL, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2002 - 146 CIVIL TERM - EQUITY BANC ONE CONSUMER DISCOUNT COMPANY AND ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC., Defendants CERTIFICATION OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The undersigned, Dale F. Shughart, Jr., Esquire, being duly sworn according to law, hereby certifies that on February 18, 2002, he mailed the attached Notice of Intention to Enter Judgment by Default by first class mail, postage prepaid, to: BANC ONE CONSUMER 8604 Allisonville Suite 203 Attorney for Plaintiff, Paul H. Boswell sworna~subscribed before me, this ~day of March, 2002. ~/}&dP :7f~ NOTAIlIAL UAI. BONNie L. cova... NOTARY PUBLIC BORO 0' CAAUlLE, CUMlIERLAND COUNTY MY CO....1S8ION IXI'lREB OCTOBER 17 2002 DALE F. SHUGHART, JR. ATTORNEY AT LAW 35 EAST HIGH STREET SUITE 203 CARLISLE. PENNSYLVANIA 17013 Telephone 1717) 241-4311 Facsimile (717) 241-4021 OF COUNSEL HAMILTON C. DAVIS LEGAL ASSISTANT BONNIE L. COYLE February 18, 2002 Banc One Consumer Discount Company 8604 Allisonville Road Indianapolis, IN 46250-1008 RE: Paul H. Boswell, Jr. vs. Banc One Consumer Discount Company, Inc. and Associates Home Equity Consumer Discount Company, Inc. No. 2002-146 CIVIL TERM - EQUITY Ladies and Gentlemen: Please find enclosed a Notice of Intention to Enter Judgment By Default in the above referenced matter. Very truly yours, Dale F. Shughart, Jr. DFS,JR/bc Enclosure cc Paul H. BOswell, Jr. PAUL H. BOSWELL, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVNAIA vs. NO. 2002-146 CIVIL TERM - EQUITY BANC ONE CONSUMER DISCOUNT COMPANY AND ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC., Defendants NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFENDANT TO: ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC. 250 East Carpenter Freeway, Irving, TX 75062. (Defendant) DATE OF NOTICE: February 18, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE 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 (10) 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Service n By: 203 PAUL H. BOSWELL, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2002 - 146 CIVIL TERM - EQUITY BANC ONE CONSUMER DISCOUNT COMPANY AND ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC., Defendants CERTIFICATION OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The undersigned, Dale F. Shughart, Jr., Esquire, being duly sworn according to law, hereby certifies that on February 18, 2002, he mailed the attached Notice of Intention to Enter Judgment by Default by first class mail, postage prepaid, to: ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC. 250 East Carpenter Freeway, Irving, TX 750 Dale F. Shughart, Jr. Attorney I.D. #19373 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 Attorney for Plaintiff, Paul H. Boswell, Jr. Sworn a~~subscribed before me, this ~~ay of March, 2002. ~X~~ NOTAIlIAL UAI. BONNie L. cova... NOTARY PUBLIC BORO ~ CAR' ... . MY CO..M1I81oN'".:::.... CUllIlERLAND COUNTY -,"E. OCTOBER 172002 . DALE F. SHUGHART, JR. ATTORNEY AT LAW 35 EAST HIGH STREET SUITE 203 CARLISLE, PENNSYLVANIA 17013 Telephone (717) 241 -4311 Facsimile (7171241-4021 OF COUNSEL HAMILTON C, DAVIS LEGAL ASSISTANT BONNIE L. COYLE February 18, 2002 Associates Home Equity Consumer Discount Company, Inc. 250 East Carpenter Freeway Irving, TX 75062 RE: Paul H. Boswell, Jr. vs. Banc One Consumer Discount Company, Inc. and Associates Home Equity Consumer Discount Company, Inc. No. 2002-146 CIVIL TERM - EQUITY Ladies and Gentlemen: Please find enclosed a Notice of Intention to Enter Judgment by Default in the above referenced matter. Very truly yours, Dale F. Shughart, Jr. DFS,JR/bc Enclosure cc Paul H. Boswell, Jr. tr~t ~ 11 ~ 0 ...... -..J_l ~ ~ - ~ ,.. A ~ J:- () C -::>'" -otf" r:p r(~ A--.1: 21- ~~:: ~U ~C' ZC' ~~ ~ o N :lC ';:~ ~o . 0. " .-::1 ~ ::t: ,.~ :".~J l--~ . ".(J .)\(~:,) f_~ ~1 ( )~-:"" ~,() C)iT1 =-' S; -< r:? co RECEIVED JUL 0 5 2005~ Michele J. Thorp, Esquire Attorney I.D, No, 71117 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, PA 17108-0999 (717) 237-7153 E-Mail: rnthorp@ttf1law.com Attorneys for Defendants LISA MABIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, NO, 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY 'Jd/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants JURY TRIAL DEMANDED ORDER AND NOW, this jZ'" day of 1wr, , 2005, upon consideration of the Uncontested Motion for Extension of Deadlines, it is hereiby ORDERED that said Motion is GRANTED and: (1) Discovery will be completed no later than sixty (60) days from the date of this Order; (2) Any and all expert reports will be produced no Ilater than ninety (90) days from the date of this Order; (3) At any time after October 31,2005, either party may praecipe to list this case for either arbitration or trial. BY THE COURT l--{~-IJ} ~~ ')1/5 ~4 J, ,.,,-;..~'_ ,._...,e Vi!\Ni\l),_S'\f'\j-:jd "~'fV"''. ' ","-,,~.... I\--.d~, t',1 -' . "':-",,: ),.,1 6 I :8 !4d Z I lor SOOl A!::lVlO:JOH10dd 3Hl:10 301:l:l0-0311::l ,...," "