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HomeMy WebLinkAbout11-8411IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CONSUMER PORTFOLIO SERVICES, INC., Plaintiff, Vs. SPANKEY'S AUTO SALES, INC., Defendant. Civil Action No. 11- sq )1 0zrui Mr= == < -0rn car- I MC) r--:z -4o cc' c-? -0 z =-n o-+n - PRAECIPE TO FILE FOREIGNyz z c;'m JUDGMENT FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. 04514-117 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CONSUMER PORTFOLIO SERVICES, INC., Plaintiff, Vs. SPANKEY' S AUTO SALES, INC., Defendant. Civil Action No. PRAECIPE TO FILE FOREIGN JUDGMENT TO THE PROTHONOTARY: Please file the enclosed certified transcript of Judgment of Superior Court of California, County of Orange in accordance with Section B of the Uniform Enforcement of Foreign Judgment Act (42 Pa. C.S.A. §4306), and also mail notice of the filing of the Judgment to the Judgment-debtor at the address shown on the attached verification. Amount of Judgment computed as follows: Principal Amount of Judgment Interest at 10% Prior Attorney Fees $16,131.02 $ 2,526.93 $ 1,319.47 Total Judgment Date / i $19,977.42 BERNSTEIN LAW FIRM, P.C. /?/ By: Shawn P. McClure, Esquire PA ID #205951 Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 fit. oo PO AlYq ?^ 368ao I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CONSUMER PORTFOLIO SERVICES, INC., Plaintiff, Vs. SPANKEY'S AUTO SALES, INC., Defendant. Civil Action No. NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on !t (xx) Assumpsit Judgment in the amount of $19,977.42 plus costs. () Trespass Judgment in the amount of $ plus costs. () If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. Spankey's Auto Sales, Inc. 701 East Locust Street (xx) Entry of Judgment of Mechanicsburg, PA 17055 (x) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award Prothonot By:_ PR T7Rrr E UTY) I SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE JUS'rICE CENTER: ? Central - 700 Civic Center Dr. West, Santa Ana, CA 92701-4045 ? Civil Complex Center- 751 W. Santa Ana Blvd., Santa Ana, CA 92701-4512 ® Harbor-Laguna Hills Facility - 23141 Moulton Pkwy., Laguna Hills, CA 92653-1251 ? Harbor-Newport Beach Facility - 4601 Jamboree Rd., Newport Beach, CA 92660-2595 ? Lamoreaux - 341 The City Drive, Orange, CA 92868-3205 ? North - 1275 N. Berkeley Ave., P. O. Box 5000, Fullerton, CA 92838-0500 ? West - 8141 131h Street, Westminster, CA 92683-4593 PLAINTIFF/PETITIONER: Consumer Portfolio Services., Inc, a California Corporation DEFENDANT/RESPONDENT: Spankey's Auto Sales, Inc., a Pennsylvania Corporation EXEMPLIFICATION OF COURT RECORD CASE NUMBER: 30-2009-00280516 I, Alan Carlson, Executive Officer and Clerk of the Superior Court of California, Countv of Orange. which is a rmirt havinn a seal, do certiry and attest that the attached document consisting of 2 page(s) is a true and correct copy of the original record in this Court. Date Filed: 10/22/10 Document: Judgment ?r x z' Clerk of the Superior Court Date: 04/20/11 TYPE OR PRINT NAME VTL I, the undersigned, a judicial officer of the above-named court, certify that Alan Carlson, who is named above, is the Clerk of the above-named court, having a seal, which is affixed above; that this person is the proper officer of the court authorized by law to execute the same; that the Clerk's signature is genuine; and that the attestation is in due form according to the laws of the State of California. r, x F t Date: 04/20/11 COREY S. C AM« JUDICIAL OFFTUM L-1062 (Rev. March 30, 2009) EXEMPLIFICATION OF COURT RECORD Civil ode, §§ 1181, 1188, 1189 Evidence Code, §§ 1451, 1530, 1531 1 ATTORNEY OR PARTY WRHMT ATTORNEY (Name, ebb bwmadw and aollhsO: -.vv FOR C06rrr USE ONLY Michael T. Lavin, 199423 19500 Jamboree Rd. Irvine, CA 92612 ,/'' ppty? p TELEPHONE NO.: 888-224-8881 FAX No. (OM W: 949-753-6897 E-MLAWRESS (qO-Q.- michaell(a-,)consumCfppl C ,0llo.com ATTORNEY FOR(Al =X Consumer Portfolio Services, Inc. SUPERIOR COURT OF CALIFORWA. COUIITY OF Orange OCT 22 STREETADoREss: 23141 Moulton Parkway MAILING ADDRESS: crrYAND27PCooe Laguna Hills, 92653 .Glsrlttoittfl?t;aNMt BRANCH NAME: Harbor Justice Center -- Laguna Hills PLAINTIFF: Consumer Portfolio-Services, Inc., a Ca i ornia CO711 ra DEFENDANT: S anke 's Auto Sales, Inc., a Pennsylvania corporation JUDGMENT CASE NUMBER: By Clark (] By Default After Court Trial 30-2009-00280516 By Court (] On Stipulation Defendant Did Not Appear at Trial JUDGMENT 1. Q BY DEFAULT a. Defendant was properly served with a copy of the summons and complaint b. Defendant failed to answer the complaint or appear and defend the action within the time allowed bylaw. c. Defendant's default was entered by the dark upon plaintiffs application. d. 0 Clark's Judgment (Code Civ. Proc., § W5(a)). Defendant was sued only on a contract or judgment of a court of this state for the recovery of money. e. [Z] Count Judgment (Code Civ. Proc., § 585(b)). The court considered (1) plaintiffs testimony and other evidence. (2) plaintiffs written declaration (Code Civ. Proc., § 585(d)). 2. Q ON STIPULATION a. Plaintiff and defendant agreed (stipulated) that a judgment be entered in this case. The court approved the stipulated judgment and b. M the signed written stipulation was filed in the case. c. = the stipulation was stated in open court = the stipulation was stated on the record. 3. 0 AFTER COURT TRIAL. The jury was waived. The court considered the evidence, a. The case was tried on (date and time): before (name of judicial ofter): b. Appearances by: Plaintiff (name each): 0 Plaintiffs attorney (name each): (1) (1) (2) Continued on Attachment 3b. (2) Defendant (name each): (1) (2) Q Continued on Attachment 3b. Defendant's attorney (name each): (1) (2) c. Defendant did not appear at trial. Defendant was properly served with notice of trial. d. A statement of decision (Code Civ. Proc., § 632) 0 was not = was requested. Pape 1 of 2 Form APW0Wd 1W OPUa1al Use JUDGMENT Juddsl Counts of Cdaomla Code Of CMI Procsdun, Of 386, 864.® 4UO-100 (New January 1. 2021 I Ameiirin l.otlNeL Ina www.Famaftddow.own 9 li %QalilpW rwwuo 4aymS, Mc , a t;:aJtloMM corpora t wursee 30-2009400210316 corporadw os AuW Sak Inca Pamaylvania JUDO M W ti Mff R At{ FOLLOW BY: Q TM cow p TM CLEMC 4. Q Sftuhftd Ju ftmft AmignoM i• sift a coo?diq to b atlpir ft of the p"m 5. Psdloa. Jrw owd is a. m for pi,InIR (wwofty: G E] fm aoaFOOmpiaNwart oww aaov: Conscumv Portfolio Services, Inc., a California cOtGfq wvt- M- and apalnat pl i k ow (r++r+w): and ap*W aoaa4a4ndant Oum *80): Spa dwA Auto Saks, Inc., a Pemsylvania coWoLl `•.1 t #t [j Canttnuad on A*Wff ant 5a. Q Confted on Atfadwwo 50. b. Q for ft%ndo t (nano aach). d. Q for mmdefendant (nom each): 9. A?NOarrt. s: Q otlnidant named h lam Be above must par pldntalf on Ne complaint (t) m ounapas S 16,131.02 (z) M Pr*WpnW $ 2,326.93 #*Am at the wMal rule of 10 % (3) M Atlon:ey rave $1,319.47 (4) O Comb $ (5) omw. (waRYJ : (e) TOTAL. $19,977.42 c U f'Iar N w reaalw n #ft kwn ddendant nmNd in thin 5b. Q nwondw named inNam 5b b i mar acsrs $ ED and dwnw bra ti 7. M 01w (*=No. oar OCf 2 2010 ALAN CARLSOk3k`z? Ds'Ct 2.2 2010 o Clerk, by l aww cMaM CEe MATE (bpfbrfag I owfiry that NO is a true copy of ft original judrwt on No in the nowt. DOW. D" Clark by , t7epu4, rrwsas JILMOMENT ) hKdby oo** bjo?NMrt of l d a;p;qiom ?utrr o?'o Y a bo and coned copy of ft oripkNl on me in IMit MA ALAN CARL EXECUTIVE OFFICER ,wo CLERK of TM5 lti s suPEleoR CxtuRTOF CUM 6 f MM a Q C? named M ftam 5c avow rnuat pay acwaom nwd on the aosawnpaim (1) M oanapee 3 (2) Q Pmpftmwt $ lyd~ at Me wmual raw of % (3) p Aft" ilea. S (4) p cats S (5) other ppadl?O.. i (6) TOTAL ft d. Q Cross?oornpMi,ant to na m rift flan ave"oWdat rranwd In Nam 5d. Q ?c Cme4nbndW -w in Morn lid [1 anitalloera?Om $ i VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities, that the undersigned is the attorney for the Judgment Creditor, Consumer Portfolio Services, Inc.; that the last known address of the Judgment Creditor is c/o Bernstein Law Firm, P.C., Suite 2200 Gulf Tower, Pittsburgh, Pennsylvania 15219; and that the last known address of the Judgment Debtor, Spankey's Auto Sales, Inc. is 701 East Locust Street, Mechanicsburg, PA 17055; that the Foreign Judgment is valid, enforceable and unsatisfied, and that the facts set forth in the foregoing Praecipe are true and correct to the best of the undersigned's knowledge information and belief. Shawn P. McClure, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CONSUMER PORTFOLIO SERVICES, INC., Plaintiff, Vs. SPANKEY'S AUTO SALES, INC., Defendant, and PNC BANK and CITIZENS BANK, Garnishees. Civil Action No. It - 841( 0"1,i1-&k c C= rn CD -,? -,p -v rn j :*C:) z 3 =o ° rn c w PRAECIPE FOR WRIT OF EXECUTION FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. 04514-117 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CbNSUMER PORTFOLIO SERVICES, INC., Plaintiff, Vs. SPANKEY'S AUTO SALES, INC., Defendant, and PNC BANK and CITIZENS BANK Civil Action No. I( - 8411 Civil `fxpt Garnishees. PRAECIPE FOR WRIT OF EXECUTION p To the Prothonotary: t ?colr' ' Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of Cumberland County: ?dve& k4 V Seize 2. against Defendant: Spankey's Auto Sales, Inc. 701 East Locust Street, Mechanicsburg, PA 17055 3. against Garnishees: PNC Bank 2 E. Main Street, Mechanicsburg, PA 17055 Citizens Bank 2 W. Main Street, Mechanicsburg, PA 17055 4. JUDGMENT Interest from 10/22/10 to 10/31/11 at 10% on $16,131.02: $11,977.42 Poundage $ 1,652.88 SUBTOTAL: $ 322.62 Costs (to be added by Prothonotary): $21,952.92 TOTAL $ Date: < <? e BERNSTEIN LAW FIRM, P.C. By: Shawn . McClure, Esquire PA ID #205951 Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 BERNSTEIN FILE NO. 04514-117 C 4614-So PA ATrq 019. oo aw a.so if 5I0 Pb AT Y *a-0o ata •50 LL e* 5u8ao 04&'1oa) t0r;t*pWMAVd WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-8411 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CONSUMER PORTFOLIO SERVICES, INC., Plaintiff (s) From SPANKEY'S AUTO SALES, INC, 701 East Locust Street, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell seize, levy advertise and sell all property of Defendant . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK, 2 E. Main Street, Mechanicsburg, PA 17055 CITIZENS BANK, 2 W. Main Street, Mechancisburg, PA 17055 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $19,977.42 L.L. $.50 Interest from 10/22/10 to 10/31/11 at 10% on $16,131.02 -- $1,652.88 Atty's Comm % Arty Paid $56.00 Plaintiff Nasal Date: 1117/11 (Seal) REQUESTING PARTY: Name SHAWN P. McCLURE, ESQUIRE Address: BERNSTEIN LAW FIRM, PC FIRM #718 SUTIE 2200 GULF TOWER PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-456-8100 Supreme Court ID No. c2O5951 Due Prothy $2.00 Other Costs: Poundage - $322.62 David D. Buell, Prothonot Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAhjIA CIVIL DIVISION c ° M ? r"'r- -urn CONSUMER PORTFOLIO SERVICES, INC., Plaintiff, Civil Action No. 11-8411 t -v o-n Z G ? ? f'1 Vs. > SPANKEY'S AUTO SALES, INC., Defendant, and PRAECIPE TO SETTLE, DISCONTINUE AND END AS TO GARNISHEE, CITIZENS BANK PNC BANK and CITIZENS BANK, ONLY Garnishees. FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. 04514-117 ab 438111 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CONSUMER PORTFOLIO SERVICES, INC., Plaintiff, Vs. SPANKEY'S AUTO SALES, INC., Defendant, and PNC BANK and CITIZENS BANK, Garnishees. Civil Action No. PRAECIPE TO SETTLE. DISCONTINUE AND END AS TO GARNISHEE. CITIZENS BANK ONLY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Settle, Discontinue and End the above-captioned matter upon the records of the Court and mark the costs paid as to Garnishee, Citizens Bank, only. Commonwealth of Pennsylvania County of Allegheny Sworn to and subsc 'bed before me this day of Dec ber, 201 Notary Public NOTARIAL SEAL LINDA BOYLE Notary Public PITTSBURGH CITY. ALLEGHENY COUNTY MY Commission Expires Oct 29 2015 438111 BERNSTEIN LAW FIRM, P.C. Ik fi,- By: Shawn P. McClure, Esquire PA ID #205951 Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 T -+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CONSUMER PORTFOLIO SERVICES, INC., Plaintiff, Vs. SPANKEY'S AUTO SALES, INC., Defendant, and PNC BANK and CITIZENS BANK, Garnishees. Civil Action No. CERTIFICATE OF SERVICE I, Shawn P. McClure, Esquire, hereby certify that a true and correct copy of the foregoing PRAECIPE TO SETTLE, DISCONTINUE AND END AS TO GARNISHEE, CITIZENS BANK ONLY was served on the Defendant and Garnishees by First Class U.S. Mail, this ZO day of December, 2011, addressed as follows: Spankey's Auto Sales, Inc. 701 East Locust Street Mechanicsburg, PA 17055 PNC Bank 2 E. Main Street Mechanicsburg, PA 17055 Citizens Bank c/o Nicholas Deenis, Esquire Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355 Shawn . McClure, Esquire 438111 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONSUMER PORTFOLIO SERVICES, CIVIL ACTION - LAW C) INC. NO.: 11-8411 rnrn c -° Z a -0 ? Plaintiff, rr , crt . --40 Z Gc:1 -0 o-n VS. ZO Off' m p -4 SPANKE V'S AUTO SALES, INC. Defendant, ANSWERS TO INTERROGATORIES IN ATTACHMENT and PNC BANK Garnishee ANSWERS TO INTERROGATORIES IN ATTACHMENT AND NOW, PNC Bank, N.A. the Garnishee ("Bank"), files this response stating as follows: 1. No. 2. No. 3. No. 4. No. 5. No. 6. No. 7. No. 8. No. WHEREFORE, PNC Bank, N.A. does not admit to owing a debt to or to holding property of the judgment defendant. Respectfully submitted, PNC BANK, NATIONAL ASSOCIATION ??Pg. Wd Lit/garnishee answers/Spankey's Auto Sales, Inc. 12092011 VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank, N.A.; that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18Pa_ C.S. s4904, relating to unworn falsification to authorities. i RE: Consumer Portfolio Services Inc vs Spankeys Auto Sales Inc DOCKET NO.: 11-8411 Theresa A Dusch Team Lead. Garnishment Processina Position DATE: December 29.2011 Lit-233946.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CONSUMER PORTFOLIO SERVICES, INC., Plaintiff, Vs. SPANKEY'S AUTO SALES, INC., Defendant, and PNC BANK and CITIZENS BANK, Civil Action No. 11-8411 PRAECIPE TO SETTLE, DISCONTINUE AND END AS TO GARNISHEE, PNC BANK ONLY Garnishees. FILED ON BEHALF OF Plaintiff(s) G COUNSEL OF RECORD OF THIS PARTY: z = -e )> -e SHAWN P. MCCLURE, ESQUIRE , PA ID #205951 z o c D JENNIFER L. TIS, ESQUIRE PA ID #203751 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 442030 BERNSTEIN FILE NO. 04514-117 na 0 ?f7 ac - W O i a-M o ctt e 9. Sd fa. ? 12 it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CONSUMER PORTFOLIO SERVICES, INC., Plaintiff, Vs. SPANKEY'S AUTO SALES, INC., Defendant, and PNC BANK and CITIZENS BANK, Garnishees. Civil Action No. PRAECIPE TO SETTLE, DISCONTINUE AND END AS TO GARNISHEE, PNC BANK ONLY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Settle, Discontinue and End the above-captioned matter upon the records of the Court and mark the costs paid as to Garnishee, PNC Bank, only. Commonwealth of Pennsylvania County of Allegheny Sworn to and subscr'bed before me this Vl? day of Januar , 2012 Not Public NOTARIAL SEAL LINDA BOYLE Notary Public PITTSBURGH CITY. ALLEGHENY COUNTY 4 4 2 0 3 My Commis" Expires Oct 29, 2015 BERNS EIN LAW FIRM, P.C. By: ?A_?? Shawn P. McClure, Esquire PA ID #205951 Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PINNNSYLVANIA CIVIL DIVISION CONSUMER PORTFOLIO SERVICES, INC., Plaintiff, Vs. SPANKEY'S AUTO SALES, INC., Defendant, and PNC BANK and CITIZENS BANK, Garnishees. Civil Action No. CERTIFICATE OF SERVICE I, Shawn P. McClure, Esquire, hereby certify that a true and correct copy of the foregoing PRAECIPE TO SETTLE, DISCONTINUE AND END AS TO GARNISHEE, PNC BANK ONLY was served on the Defendant and K- Garnishees by First Class U.S. Mail, this 9 day of January, 2012, addressed as follows: Spankey's Auto Sales, Inc. 701 East Locust Street Mechanicsburg, PA 17055 PNC Bank c/o Joel B. Gold, Esquire One PNC Plaza, 20t" Floor 249 fifth Avenue Pittsburgh, PA 15222 Citizens Bank c/o Nicholas Deenis, Esquire Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355 Shawn P. McClure, Esquire 442030 Jan, 4, 2012 3.49PNl PNC SAN Nu. 6802 P. 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONSUMER PORTFOLIO SERVICES, INC. Plaintiff, V& SPANKEY' S AUTO SALES, INC. Defendant, and PNC BANK Garnishee CIVIL ACTION - LAW NO.: 11-8411 ANSWERS TO INTERROGATORIES IN ATTACHMENT Filed on behalf of PNC Bank, National Association Joel B. Gold, Esquire Sr. Counsel for PNC Be* National Association Pa. I.D. #42090 PNC Bank National Association Firm #862 One PNC Plaza, 2e Floor 249 Fifth Avenue Pittsbux1h, Pennsylvania 15222-2707 (412) 762-280116763 (facsimile) Jwn, c, 2012 3:150P'NI PNC EAN No. 6802 4 L L L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONSUMER PORTFOLIO SERVICES, INC, Plaintiff, VS. SPANKEY'S AUTO SALES, INC. Defendant, and PNC BAND Garnishee CIVIL ACTION - LAW NO.; 11-8411 ANSWERS TO INTERROGATORIES IN ATTACHMENT AND NOW, PNC Bank, N.A. the Garnishee ("Bank"), files this response stating as follows. 1. No. 2. No. 3. No. 4. No. 5. No. 6. No. 7. No. S. No. Jan. . 2012 3,50 N1 PNC BAN< No, 6802 P. 5 WHEREFORE, PNC Bank. N.A. does not admit to owing a debt to or to holding property of the judgment defendant. Respectfully submitted, PNC BANK, NATIONAL ASSOCIATION d I-Wgffn{shee ass vv0psaWs Auto Sales, Ina 12092011 Jan. 4. 2! 12 3, 50PN1 PNC P?R\< No, 6802 P. b 3 'r 1 i The undwsigned hwiby miles ther I am an authorized rep magadve of t PNC Be* NA; that the A taaments made in the foregoing Answers to Iderrogoatories = true and oozmct to the best of my knowledge, information and belief and t@at these statements are made subject to the penalties of IM C.S. ? 94904, relating to uwwom Unification to mWwdties. RE Consumer Portfolio Services Inc vs Spankeys Auto Sates lne DOC'I ET NO.:11.8411 Lad-, Tbaiia. A Dwoh Position DATE:. 29.2011 Lit-233946.1 i i i L h 4 ROTHM.? 2'012 MAP -I PM 1: 09 M 11 CUP;BERL It, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION CONSUMER PORTFOLIO SERVICES, INC., Plaintiff, Civil Action No. 11-8411 Vs. SPANKEY'S AUTO SALES, INC., Defendant. SUGGESTION OF BANKRUPTCY FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. 04514-117 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CONSUMER PORTFOLIO SERVICES, INC., Plaintiff, Vs. SPANKEY'S AUTO SALES, INC., Defendant. Civil Action No. 11-8411 SUGGESTION OF BANKRUPTCY TO PROTHONOTARY: AND NOW comes Plaintiff, by counsel, Bernstein Law Firm, P.C. to advise this Honorable Court that the above named Defendant, Spankey's Auto Sales, Inc., has filed a Chapter 1 I Bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania at Bankruptcy Case Number 08- 04267, and accordingly, all proceedings in this Court are stayed pursuant to 11 U.S.C. § 362. BERNSTEIN LAW FIRM, P.C. B 2 Y• Shawn P. McClure, Esquire PA ID #205951 Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CONSUMER PORTFOLIO SERVICES, INC., Plaintiff, Vs. SPANKEY' S AUTO SALES, INC., Defendant. Civil Action No. 11-8411 CERTIFICATE OF SERVICE I, Shawn P. McClure, Esquire, hereby certify that a true and correct copy of the foregoing SUGGESTION OF BANKRUPTCY was served on the Defendant by regular U. S. Mail, postage prepaid, , this ZL1 " day of February, 2012, addressed as follows: Spankey's Auto Sales, Inc. 701 East Locust Street Mechanicsburg, PA 17055 Shawn P. McClure, Esquire