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HomeMy WebLinkAbout04-4565 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORPORATION Plaintiff No. ()...,. <.J c((. <; ~ TZ.-. vs. COMPLAINT IN CIVIL ACTION GLORIA J. SCHELL and CHARLES BAENIG Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 27]8 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (4]2) 434-7955 WWR#03444007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORPORATION Plaintiff vs. Civil Action No. ()'f - 4 S' I. 5' ~ 1.0- GLORIA J. SCHELL and CHARLES BAENIG Defendants COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE Plaintiff No. 04-4565 CIVIL vs. PRAECIPE TO SETTLE, DISCONTINUE & END AS TO THE GARNISHEE COMMERCE BANK ONLY GLORIA J SCHELL AND CHARLES H BAENIG ,AKA CHARLES H BAENIG Defendant COMMERCE BANK Garnishee FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R.Bibler PA LD #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 27] 8 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03444007 lN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVlL DIVlSlON GENERAL MOTORS ACCEPTANCE Plaintiff \is. Civil Action No. 04-4565 CIVIL GLORIA J SCHELL AND CHARLES H BAENIG - AKA CHARLES H BAENIG Defendant COMMERCE BANK Garnishee PRAECIPE TO SETTLE DISCONTINUE AND END AS TO THE GARNISHEE, COMMERCE BANK, ONLY TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, COMMERCE BANK ,only, upon the records of the Court and mark the cost paid. :~~O~PA . ,Biblt-- ' By: Bf; ~amin PA l.D #93598 WELTMAN. WEINBERG & REIS CO.. L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03444007 ~ ,.,,~.< r "",' ,'\.' ;.>ubfic ~~1.,~-"''''"1J1l'~,'' "::'?1J',' " ':":"'*~*" " 1l~<'o. --....-- 0~ -p ~ 6 \::\:- ()I ~ -J - ~ ~ ~~~ ~ --L. ~ Q, ~ ~ ~ ~~ ~I (::::. .._ "'(;(J". '" :9,1 ~s , <') ~t";. ..p ~~ ~t ~ Q~ L , ~ ~ 'P-~c,) ..p ;J;:; -<e: " ~ ~ cP 3. CP COMPLAINT I. Plaintiff is a corporation having offices in TROY, MI 48098. 2. Defendants are adult individuals residing at 1001 NANROC DR #22 MECHANfCSBURG, P A 17055. 3. On or about July 20, 2002, Defendants duly executed a Retail Installment Contract (hereinafter the "Contract") in favor of Klick Lewis Inc, a true and correct copy of said Contract is attached hereto, marked as Exhibit "1" and made a part hereof 4. Pursuant to said Contract, Defendants took possession of the vehicle more particularly identified in the Contract as a 2002 Chevrolet Monte Carlo. 5. Pursuant to the ternlS and conditions provided by the Contract, the Contract was assigned from Klick Lewis Inc to Plaintiff. 6. Plaintiff avers that Defendants is in default of the Contract by having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 7. Plaintiff avers that a balance of$IO,339.93 is due from Defendants as ofJune 11, 2004. 8. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of6% per annum. 9. Plaintiff avers that the Contract between the parties provides that Defendants will pay Plaintiffs reasonable attorneys' fees. 10. Plaintiff avers that such attorneys' fees amount to $1500.00. I I. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants, Gloria 1. Schell and Charles Baenig, jointly and severally, in the amount of $ 10,339.93 with continuing interest thereon at the Contract rate of6% per annum from date of judgment, plus attorneys' fees of$1500.00 and eosts. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE, WELTMAN, WEINBERG & RBIS, CO., L.P.A. WJt~r1: WILLIAM T. M6LC:: N, ESQUIRE PA 1.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh A venue Pittsburgh, PA 15219 (412) 434-7955 WWR#:03444007 . . " _: . \ l:::.xl\/ het 1 (I limA'l RETAIL INSTALMENT SALE CONTRASf, Dealer Number I 101 Contract Number 7"'0 /.;;z Buyer (and Co~8uyer)-Name and Address (Include County and Zip Code) Seller (Creditor) Name and Address GLORIA J SCHELL CHARLES BAENIG KLICK LEWIS INC 1011-22 NAN ROC DR 1011-22 NANROC DR 720 EAST MAIN STREET MECHANICSBURG PA 17055MECHANICSBURG PA 170E5 PALMYRA, PA 17078 New or Used Year ~ Make and Model CHEVROLET NEW 200 MONTE CARLO If truck-Describe body and major items of equipment sold: Body Type CP 2GIWWI2E629361502 FEDERAL TRUTH-IN-LENDING DISCLOSURES ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. 11. 50 % FINANCE CHARGE The dollar amount the credit will cost you. $ 7107.08 Amount Financed The amount of credit provided to you or on your behalf. $ 27241.32 Tota' of Payments The amount you will have paid after you have made all pay. ments as scheduled. $ ;><n48.40 Your Payment SChedule Will Be: Number of Payments , Amount of Payments 60 489. 14 'When Payments Are Due I Monthly beginning 08119/02 -// '-f <;....3 ~ Use for Which Purchased O{personal 0 agricultural o business 0 Total Sale Price The total cost of your purchase on credit, including your down- payment at $ J 0,7 ORs $ 101RO. 48 Or as Follows: late Charge. It a payment is not paid in tull within 10 days atter it;s due, you will pay a late charge. If the vehicle purchased is a heavy commercial motor vehicle, the charge will be 4% of the amount of the payment that is late. If the vehicle purchased is off~highway business or farm equipment, the charge will be 5% of the amount of the payment that is late. Otherwise, the charge will be 2% per month on the amount of the payment that is late, computed on the basis of a full calendar month for any fractional month period in excess of 10 days. Prepayment. If you payoff all your debt early you may be entitled to a refund of part of the finance charge. Security Interest. You are giving a security interest in the vehicle being purchased. Additional Information: See the other side of this contract for mare information including information about nonpayment, default, any required repay- ment in full befare the scheduled date, prepayment refunds and security interest ITEMIZATION OF AMOUNT FINANCED 1 Cash Price (including any accessories, services, and taxes) 2 Total Downpayment~ Net Trade-in $ -4169.92 + Cash Downpayment$ + Other (Describe) MANUFACTURER REBATE $ Your Trade,;n is a 2000 PONTIAC GRANO PR TX Year Make Model $ 22765,00 (1) ;>70:>.00 ;>F;OO,OO $ 1032,08 (2) 3 Unpaid Balance of Cash Price (1 minus 2) 4 Other Charges Including Amounts Paid to Others on Your Behalf (Seller may be keeping part of these amounts.): * A Cost of Required Physical Damage Insurance Paid to the Insurance Company Named in the Insurance Section, Below-Covering Damage to the Vehicle $ N / A "'*8 Cost of Optional Mechanical Repair Insurance Paid to the Insurance Company Named in the Insurance Section, Below- Covering Certain Mechanical Repairs $ **.C Cost of Optional Credit Ufe andlor Accident and Health Insurance for the Term of this Contract Paid fo the Insurance Company or Companies Named in the Insurance Section, Below. Life $ N 1 A Disability, Accident and Health $ N 1 A $ D Official Fees Paid to Government Agencies $ E Taxes Not Included in Cash Price $ F Government Ucense and/or Registration Fees (Itemize) $ G Government Certificate of Title Fees $ H Other Charges (Seller must identify who will receive payment and describe purpose) \0 to for for noc FFF $ $ KLICK LEWIS INC $ 21732,92 (3) N/A ~/A N/A 414 90 16 00 22 SO N/A l;li.OO ., . $ $ 212.41 ?~ 7l.OJ ~ 29?4i W Additional Disclosures Required by State law { 6 Finance Charge 7 Time Balance -Total 01 Payments {5 + 6) 8 Payment Schedule:~ instalments of $ 489,14 each, monthly beginning O~ 19 02 or if scheduled payments are irregular or uneven, (Mo.) (Day) (Yr.) as indicated in the Federal Truth.ln.Lending Disclosures, above. Insurance. If any insurance is checked below I the policies or certificates issued by the Companies named will describe the terms and conditions. -Required Physical Damage Insurance. We require that you have physical damage ""'Optional Mechanical Repair Insurance. We have shown insurance. You may obtain it from anyone you want who is acceptable to us. We have the cost of this insurance in 48 of the Itemization of Amount shown the cost' of this insurance 1n 4A at the Itemization at Amount Financed, Financed, above. aoo~. N/A N/d Insura1e ~ompany Term: _tflonths Insurance Company o $ J Deductible Colli:sion and either: o F1,9.&mprehensive including Rre, Theft and Combined Additional Coverage 0$ Deductible Comprehensive including fire, Theft and Combined Additional Coverage o Are, Theft and Combined Additional Coverage Optional, if desired-D Towing and Labor costs 0 Rental Reimbursement 0 CS Radio Equipment "'''''Optional Credit Ute and lor ACCIdent and Health Insurance. We do not require you to have credit life insurance and credit accident and health insur~ ance to obtain credit. We will not provide them unless you sign for them and agree to pay the additional cost. If you want this insurance, check the insurance desired and sign below. If you have chosen this insurance, the cost is shown in 4C of the Itemization ot Amount Financed, above. Check the Insurance desired: 0 Life (Buyer 0 Co-Buyer 0) o Disability, Accident and Health (Buyer Oniy) Term: 0 36 months or 36,000 miles, whichever occurs first Term: 0 N/A o $25 Deductible 0 $50 Deductible 0 $ Jll.A.... Deductible (Name of Insurer-Lite) (Home Office Address) (Name of Insurer-A & H) This policy will pay amounts due on this contract up to $ (Home Office Address) N/A APPROVAL: I DESiRE TO OBTAIN THE CREDIT LIFE AND/OR ACCIDENT AND HEALTH INSURANCE CHECKED ABOVE FOR THE PERSON/ PERSONS PROPOSED FOR INSURANCE. Buyer Signature Date Co. Buyer Signature Date ANY INSURANCE THIS CONTRACT DESCRIBES DOES NOT INCLUDE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS. If you do not meet your contract obligations, you may lose your motor vehicle. See the other side of this contract for other important agreemems, including your agreement to give us a security interest In insurance premiums and proceeds. 07 (Mo.) Notice to Buyer 20 (Day) 02 (Yr.) You signed this contract on (Do not date on Sunday) Do not sign this contract in blank. You are entitled to an exact copy of the contract you sign. ~:~~~~~~alr~~Q~~ Co-BuyerSig _ .~~ co-Bu~r:an4~er OwnerS-A ~'b er is a person who is responsible for paying the entire debt. An er rMn;;r.!:llso~e is on the title to the vehicle but does not have to pay the' ebt. The co.buyer or other owner knows that we have a security interest in the vehicle and consents to the security interest. Other owner sign.s here Address Seller Sign/LICK LEI/IS INC By (~/-V ') Title rr;;z.... You acknowledge you received a true, correct and complete,.,:6",y of1fri~ contract from the seller when you signed this contract. IB~::.~~~::~;~oo~::::::~.~t!f!~," terms of the GM Instalment Sales Finance Plan-Terms of Substitution and Assignment agreement. Otherwise, Seller assigns its interest in this contract to General Motors Acceptance Corporation (GMAC) underthete~ms. of the GMAC Retail Plan agreement. Assigned with recourse 1 Assigned WIthout recourse or With limIted recourse , LICK LEWIS INC Seller By Title Seller 0<:....)) Title . Notice: See OtherSlde ~ 109 PA 12-98 (7) (For use in the State of . ylvania) (1 of 4) .. I r-":!I , . . . '.t- " , OTHER IMPORTANT AGREEMENTS Ownership and Risk of Loss. You agree to pay us all you owe under this contract even if the vehicle is damaged, destroyed or missing. Vou agree not to remove the vehicle from the United States or Canada. You agree that you will not sell, rent, lease or otherNise transfer any interest in ~he vehicle or this contract with. out our written permission. You agree not to expose the vehicle to misuse, seizure, confiscation, or other involuntary transfer, even if the vehicle was not the subject of judicial or administrative action. You will make sure our security interest (lien) on the vehicle is shown on the title. If we pay any repair bills, storage bills, taxes. fines, or other charges on the vehicle, you agree to repay the amount when we ask for it. Security Interest. You give us a security interest in (1) the vehi- cle being purchased, (2) any accessories, equipment and replace- ment parts installed in the vehicle, (3) any insurance premiums and charges tor service contracts returned to us, (4) any proceeds at insurance policies or service contracts on the vehicle, and (5) any proceedS of insurance pOlicies on your life or health that this contract finances. This secures payment of all amounts you owe in this contract, or that you may owe under any separate insurance finance agreement with us. This secures payment of all amounts you owe in any transfer, renewal, extension or ~ssign- ment of this contract. It also secures your other agreements in this contract. Prepayment Refund. You can prepay all of your debt and get a refund of part of the Finance Charge. We will figure the refund by the Actuarial Method but we will not pay you if the net finance charge is less than $10. We will not pay you the refund if it is less than $1.00. Required Physical Damage Insurance. You agree to have physical damage insurance covering loss or damage to the vehi- cle for the term of this contract. At any time during the term of this contract, if you do not have physical damage insurance that cov- ers both your interest and our interest in the vehicle, then we may buy insurance for you. If we do not buy physical damage insurance that covers both interests in the vehicle, we may, if we cho~se. buy insurance that covers only our interest. We are not obligated to buy any insurance, but may do so if we choose. If we buy insurance, we will tell you what type it is and the Charge you must pay, if any. The charge will be the cost of the insur- ance and a finance charge, at the highest lawful contract rate. YC'l!t agree to pay the Charge in equal instalments, either with the pay- ments shown in the Payment Schedule section, or as a separate account set up for this purpose. If the vehicle is lost or damaged, you agree that we can use any insurance settlement either to repair the vehicle or to apply to your debt. late Charge. You will have to pay a late charge on each pay- ment we receive more than ten days late. The charge is shown in the Federal Truth in Lending disclosures sectlon on the front. If we accept a late payment or late charge, this does not excuse your late payment or mean that you can keep making payments late. We may also take the steps in the sections 'When You Must Repay in Full Before the Scheduled Date" and ~Repossession of the Vehicle for Failure to Pay" if there is any late payment. Optional Insurance or Service COntracts. This contract may contain charges for optional insurance or selVice contracts. If we repossess the vehicle, you agree that we may claim benefits under these contracts. You also agree that we may terminate them to obtain refunds for unearned charges. Refunds of Insurance or'Service Contract Charges. If we receive a refund of any charge for required insurance, we may (1) credit it to your account, (2) use it to buy similar insurance, or (3) use it to buy insurance which covers only our interest in the vehicle. We will credit any refund on optional insurance or service contracts we obtain to your account. We will credit both the amounts we receive and the unearned Finance Charges on those amounts to your account. We will apply these credits to as many of your payments as they will cover, beginning with the last payment. We will tell you what we do. When You Must Repay In Full Before the Scheduled Date. If you pay any payment late: if you or someone else starts a proceeding in bankruptcy, receivership or insolvency against you or your property; or if you bre_iik~ny of the agreements in this con- tract (default), we can demand that you pay all you owe on this con- tract at once. We must give you any notice required by law. In fig- uring what you owe, we will give you a refund of part of the Finance Charge figured the same way as if you had prepaid in full. Repossession of the Vehicle for Failure to Pay. Repos- session means that we can take the vehicle from you if you fail to . pay according to the payment schedule or if you break any 01 the agreements in this contract (default). We must give you any notice the law requires. We can..en~er your proPerty or the property where the vehicle is stored to takEfthe vehicle if we do it peacefully. If there is any personal property in the vehicle, such as clothing, we will store it for you. Any accessories, equipment or replacement parts will stay with the vehicle. Gelling the Vehicle Back After Repossession. If we repossess the vehicle, you have the right to get it back (redeem) by paying all you owe on the contract (notiust past due payments). You will also have to pay any late charges, the cost of taking and storing the vehicle, and other expenses that we have had. When we figure the entire amount you owe on the contract, we will give you a refund of part of the finance charge.figured the same way as if you had prepaid your contract. Your right to redeem will end when we sell the vehicle. Sale of the Repossessed Vehicle. We will send you a writ- ten notice of sale at least 15 days before we sell the vehicle. If you do not redeem the vehicle by the date on the notice, we can sell the vehicle. We will use the net proceeds of the sale to pay all or part of your debt. We will figure the net proceeds of sale by subtracting these items from the selling price: Any late charges; any charges for taking and storing the vehicle, c1ea.ning and advertising, etc.; and any reasonable attorney fees and court costs. If you owe us less than the net proceeds of sale, we will pay you the difference, unless there is a requirement that we pay it to some- one else. For example, we may have to pay a lender who gave you a loan and also took a security interest in the vehicle. If you owe more than the net proceeds of sale, you will pay us the difference between the net proceeds of sale and what you owe when we ask for it. If you do not pay this amount when we ask, we may also charge you interest at the highest lawful rate until you pay us alf you owe. Collection Costs. If we hire an anomey to collect what you owe, you will pay the attorney's reasonable fee and any court costs. Delay In enforcing Rights and Changes 01 this Contract. We can delay or refrain from enforcing any of our rights under this contract without losing them. For example, we can extend the time for making some payments without extending the time for others. Any change in terms of this contract must be in writing and we must sign it. No oral changes are binding. If any part of this contract is not valid, all other parts will remain enforceable. Warranties We Disclaim. You undersb!in~,that If you or others use the vehicle principally for business or agrIcultural purposes, or If we told you In writing before sale that we are selling the vehicle on an "as Is" basis and that you are respon- sible for the entlre risk as to the quality of performance of the vehicle, there Is no Implied warranty of merchantability, no Implied weM'8nty of fitness for a particular purpose and no Implied warranty that extends beyond the description of the vehlc~ on the other side of this contract, unless we extend a written warranty or service contract within 90 days from the date of this contract. An implied warranty of merchantability generally means that the vehicle is fit for the ordinary purpose for which people generally use such vehicles. A warranty of fitness for a particular purpose is a warranty that may arise when we have reason to, know the particular purpose for which you require the vehiCle and, you rely on our skiff or judgment to furnish a suitable vehicle. This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide to you. Used Car Buyers Guide. The lnfonnatlon you see on the window form for this vehicle Is part of this contract. Informa~ tlon on the window form overrides any contrary proVisions In the contract of sale. Notice of Substitution of Contract'. If we obtained this vehi- cle from General Motors Corporation. (GM) on instalment credit terms, we will. substitute this contract 'for, and this contract will replace our obligation to pay GM for the vehicle you are purchas- ing. This substitution will not change the amount you have agreed to pay us, the payment schedule, the finance charge or any of your rights and duties for this purchase. The terms of this contract set forth your entire and only obligation to us, GM, or any other holder of this contract. t VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating UW/I4-/.II')((-' I ocJl Mmrn TITLE) of L-~.C/;Yi,::h(j ~Yl (NAME) 6mttC. (COMPANY) , plaintiff herein, that to unsworn falsifications to authorities, that he/she is he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. <fi~ ~ (SIGNATURE) WWR# 03444007 n ,...- ~ " c .. , ;f, ;':'. ....,- rc R Jl r, ~ "- r;- co "- ~ lr, '^' V', .::: ... '-' '-', ~, -<; ~ r '~ V, r.il Cl '"" SHERIFF'S RETURN - NOT FOUND . . CASE NO: 2004-04565 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GENERAL MOTORS ACCEPTANCE CORP VS SCHELL GLORIA J ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the 'within named DEFENDANT BAENIG CHARLES but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , BAENIG CHARLES 1001 NANROC DR #22 MECHANICSBVRG, PA 17055 CHARLES BAENIG IS IN SCl ROCKVlEW. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So a~ sw~er.. . /' ;? ....../. Y? ~.~.... . .'~~ R. Thomas Kline Sheriff of Cumberland .,~ County WELTMAN WEINBERG REIS 09/17/2004 Sworn and subscribed to before me this .(,;},......{ day of .JiJ(~ .;J{m'1 A.D. (L. o.)u ~ IPnr' pro~~ry < , -,--7 SHERIFF'S RETURN - REGULAR CASE NO: 2004-04565 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GENERAL MOTORS ACCEPTANCE CORP VS SCHELL GLORIA J ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT & NOTICE SCHELL GLORIA J the at 2000:00 HOURS, on the 16th day of September, 2004 DEFENDANT at 1001 NANROC DR #22 MECHANICSBURG, PA 17055 GLORIA SCHELL by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 16.28 .00 10.00 .00 44.28 Sworn and Subscribed to before me this -<02~ day of L7P~,-,^-" o2lJV'-! A.D. I (/i fLQ ~ AJrlG '--ftrothonotary " -r:t So Answers: ~~~'~"f<.,~~ / R. Thomas Kline 09/17/2004 WELTMAN WEINBERG REIS fi:: By: (lJ ) O~ /tLt.- r- . Deputy She iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORPORATION Plaintiff No. 04-4565 CIVIL vs. PRAECIPE TO REINSTATE COMPLAINT AS TO CHARLES BAENIG ONLY GLORIA J SCHELL AND CHARLES BAENIG Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C, Warmbrodt, Esquire PA, LD. # 42542 William T. Molczan, Esquire PA LD. #47437 WELTMAN, WEINBERG & REIS, CO., LPA 2718 Koppers Building 436 Seventh Avenue pittsburgh, PA 15219 (412) 434-7ge;5 WWR#03444007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORPORATION Plaintiff Civil Action No. 04-4565 CIVIL vs. GLORIA J SCHELL AND CHARLES BAENIG Defendants PRAECIPE TO REINSTATE COMPLAINT AS TO CHARLES BAENIG ONLY Kindly reinstate the Complaint as to Charles Baenlg only. in the above captioned matter. ::::~J"'/ J~~~,t~;;mbr~~qUi~: PA I.D. #42542 WEL TMlo-N, WEINBERG & REIS CO., L,PA 2718 Kqppers Buiiding 436 SelJenth Avenue , pittsbldrgh, F'A 15219 (41~Y434-7955 WWR #03444007 , ~ {} "~:,':J -I, ..t;;;- 1..."':) ("") -'''1 N -n ~ '" C,) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff No. 04-4565 CIVIL vs. PRAECIPE FOR DEFAULT JUDGMENT GLORIA J,SCHELL and CHARLES BAENIG, Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA LD. #47437 WELTMAN, WEINBERG & REIS CO., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03444007 Judgment Amount $ 11,839.93 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff vs. Civil Action No 04-4565 CIVIL GLORIA J.SCHELL and CHARLES BAENIG, Defendants PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendants, GLORIA J.SCHELL and CHARLES BAENIG" above named, in the default of an Answer, in the amount of $11,839.93 computed as follows: Amount claimed in Complaint $10,339.93 Interest from date of judgment at the legal interest rate of 6.0% per annum Attorneys Fees TOTAL $1,500.00 $11,839.93 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA RC.P. 237,1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., LPA By M William T. Molczan, Es PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03444007 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co, LPA, 2718 Koppers Building, 436 7" Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendants is: 1001 NANROC DR #22 MECHANICSBURG,PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORPORATION Plaintiff vs. Civil Action No. 04-4565 CIVIL GLORIA J SCHELL AND CHARLES BAENIG Defendants IMPORTANT NOTICE TO: Gloria J Schell 1001 Nanroc Drive #22 Mechanicsburg, PA 17055 Date of Notice: rxf) I ~. ;Za:/T YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., LPA By t.-i/tltj ~ William T. Molczan ' PA t,D, #47437 WELTMAN, WEINBERG & REIS CO., L.PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03444007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORPORATION Plaintiff vs. Civil Action No. 04-4565 CIVIL GLORIA J SCHELL AND CHARLES BAENIG Defendants IMPORTANT NOTICE TO: Charles Baenig Rockview SCI Inmate # FT 2206 Box A RT 26 Bellefonte, PA 16823 Date of Notice: :,1],/ f ,:1 PtJy YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO, LPA :J;".m':t.~ ~ PA I.D. #47437 WELTMAN, WEINBERG & REIS CO, LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03444007 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORPORATION, Case no: 04-4565 CIVIL Plaintiff vs. NON-MILITARY AFFIDAVIT GLORIA J.SCHELL and CHARLES BAENIG, Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U,S.C. App, S 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, GLORIA J.SCHELL and CHARLES BAENIG, is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, GLORIA J.SCHELL and CHARLES BAEN1G" is not in the military service. Further Affiant sayeth naught. wfl-~ AFFIANT N TO AND SUBSCRIBED in my presence this }ieday I ,'. . \ ,',-.' ,. ,;~ \~otarVPllbl1( , \ _;~LUaL:.c. .'Q."O,"V C~tinl.V : ,.,112... , "1'- ';Oc..6 ,~", .~C' '\ ',I"~ ::J, <- .-,.('l" .' -' .,.'s This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. c ;:J G -4- .-> -0 (') ~ CJ t ru. e ~::.l ..,. 2' ;r --' ~ \) -r;tZ, 0 ::c -r"l. - f\\r~ ~ t1-'r \) .,7' "!~ -oq ;;:(' r'l ~0 ~ - ~ ~ (/~ ).: cP (:) _~O ~ :::;0 ~:: ~:.' -1'-'''' ~:J 9["\ ~ '"Q 1:-0 ::% %rn W --I.. } S1 ~ ~1- 'P(:: - QJ :Z: .' ,}:'" - :2 c:> .;.~ ~ ~ U" .- q\ r- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-04565 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GENERAL MOTORS ACCEPTANCE CORP VS SCHELL GLORIA J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BAENIG CHARLES but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CENTRE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 22nd, 2004 , this office was in receipt of the ~ So attached return from CENTRE Sheriff's Costs: Docketing Out of County Surcharge Dep Centre County 18.00 9.00 10.00 32.50 .00 69.50 11/22/2004 WELTMAN WEINBERG s Kline of Cumberland County REIS Sworn and subscribed to before me this day of h ;uJo5 A.D. C~Q~ Prothonotary ~ . fV ~:...-- 'J(~ I -z:; .J In The Court of Common Pleas of Cumberland County, Pennsylvania General Motors Acceptance Corporation Gloria V~chell et al SERVE: Charles Baenig No. 04-4565 civil Now, October 12, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Centre County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~M-.~~~ Sheriff of Cumberland County, P A Affidavit of Service Now, ~ Ja be (" d <6. JA.- , 20.Li!:L, at ~: ~d- o'clock --.f.. M. served the within Nf)ftce ol'/d {(7n-7IJ}arj"J t uponhOll"k~ tM-PA"\''J at SL-"t. ~orJW\'l""') g".r A <~)P\\ .,&J... Ce",k (AI""!") I {J.A 'J I by handing to Cnt'A ('L~s \~ aefl f J a copy of the original VotLCe aMi (Omfla.J and made known to C har\ es 6a ef"\ , 5 the contents thereof. W7/J:^l?~# Sheriff of County. PA Sworn and subscribed before me this 10 day of AJo Ll, ,20Q.!{ ~ P..d.Q.Jv _ Q-\ J'rJl' ..)y '(? n\,\J .~' \"" COSTS SERVICE :MILEAGE AFFIDAVIT $ $~slJ Cor! Notarial Seal Belle~~ePeBote""CeNotary Public M C " ro, nlre County Y omm'SSlon Expires Sept. 5, 2005 Member, Pennsylvania AsSOCiation of Notaries (v3 In The Court of Common Pleas of Cumberland County, Pennsylvania General Motors Acceptance Corporation GloriaV~chell et al SERVE: Charles Baenig No. 04-4565 civil Now, October 12, 2004 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Centre County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~~ Sheriff of Cumberland County, P A Affidavit of Service Now, 0r.....\..o'oe' d'i;i0- within Ai of,ce o/JoI ((7n-1f) Jai",j , upon.DOIl'-k~ ~.p-"""j at 5(.:1:. {ZocJLV\'I"..,J; g(lK' A I \~p\\ eW,,-; ('el'lke (/JIM I") I P.A by handing to rhar-16 \~ne.t'\ rj , 20~, at :J:~a.. o'clock~M. served the a copy of the original VotLCe CUI") (0171fk:l.J and made lmown to Char I es 6a ~ (\ \ <J the contents thereof. ~rK.7,L:tt Sheriff of County, PA Sworn and subscribed before me this /0 day of AJo tJ. ,20 Q!:/... ~ .P.vi--..QV -~,><,~...,1j) . 'J<" ~Y' ') \' \"'" COSTS SERVICE MILEAGE AFFIDAVIT $ $ 3c2 sz) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORP. Plaintiff vs. Civil Action No, 04-4565 Civil GLORIA J. SCHELL and CHARLES BEANIG Defendants COMMERCE BANK/HARRISBURG, NA, Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of Cumberland County: 2. against Gloria J. Schell and Charles Beanig, Defendant 3. against Commerce Bank! Harrisburg, NA, Garnishee 4. Judgment Amount $ 11,839.93 Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): ~ ~ ~, ]::J /':'F.. + jl!:.. b ~~ ~ G' ~ z3~ ~ V- (I . o !J V\ i ~~ 'I \) C \> f-~ ~ ~o-.lll-t~ ...... llJ-a!Fl~-:--.l::: ~ ~ ~O &;?~~6- "\y D () I I I :c.J I I ~F ~~ - - - - ::'~,-f-- ::,- ~ J - ~ C) (; >:~:., 11 -::..-:: e.... --l i":, ~::: fR;D :.:,:: rr: f" <--,\ c...) _c, ~_.,. r:? (11 -.J -0 gs - (X- - ellS t:; OJ f lJ---L. j g ~p i. ~ II D ~ q (' ~i':J.' 0'332 q 2.>5' WELTMAN, WEINBERG & REIS COo, l.P.A ATTORNEYS AT LAW 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 (412) 434-7955 FAX(412) 434-7959 CLEVELAND. COLUMBUS. CINCINNATI. PITTSBURGH. DETROIT June 7, 2005 RE: ENERAL MOTORS ACCEPTANCE vs. GLORIA J SCHELL, et al COURT #: 04-4565 CIVIL TO THE SHERIFF OF CUMBERLAND COUNTY: PLEASE SERVE THE GARNISHEE(S) AT THE FOLLOWING ADDRESS(ES): Commerce Bank! Harrisburg, NA 65 Ashland Avenue Carlisle, PA 17013 PLEASE CONFIRM SERVICE BY SENDING NOTICE TO: WELTMAN, WEINBERG & REIS, CO., LPA 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4565 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GENERAL MOTORS ACCEPTANCE CORP" Plaintiff (s) From GLORIA J. SCHELL AND CHARLES BEANIG, 1001 NANROE DR. #22, MECHANICSBURG, P A 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANKlHARRlSBURG, N.A., 65 ASHLAND AVENUE, CARLISLE, PA 17013- GARNISHEE(S) as follows: 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) Ifproperty 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 hirnlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $11,839.93 Interest $313.35 Atty's Comm % Arty Paid $217.28 Plaintiff Paid Date: JUNE 23, 2005 LL $.50 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothonot" ~/r '~Y' ~(J/).e. P. / CC-/.!.#/S<.-/ Deputy REQUESTING PARTY, Name JAMES C. WARMBRODT, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BUILDING 436 7TH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court 10 No, 42524 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORP. Plaintiff vs. Civil Action No.: 044565 Civil GLORIA J, SCHELL and CHARLES BEANIG Defendants and COMMERCE BANK/HARRISBURG, NA Garnishee TO: Commerce Bank/Harrisburg, NA 65 Ashland Avenue Carlisle, PA 17013 Suggested Reference No,: xxx-xx-2202, xxx-xx-3884, or 0513225615 IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you, Failure to do so may result in Judgment against you, B. Herein, the word "defendant" means anyone or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant sUbject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. , INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? n Q C.C Ou-- ~ 53(",11 qOll 5133..:3.5 ~ 1$ Q~C\..Q.~ b~ t$ ~I.(, ~g. Ck.e.~ b~C-e.... {f. 7,14 2. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. ~~-+o ~{ 3, At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant ~ ~ '-f-D I 4 . If the answer to Interrogatory 3 is in the affirmative, describe the nature, fair market value, and present location of each of such properties. .~ l A- 5. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? ~ ~~ ( 6 , If the answer to Interrogatory 5 is in the affirmative, describe the nature, fair market value, and present location of each of said pro;:;ieSl A- 7, At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? NO 8. If the answer to Interrogatory 7 is in the affirmative, describe the nature, fair market value, and present location of each of such properties, N Ik 9. At any time before or after you were served, did the defendant transfer or deliver any property to ~u or to any pers. on or place pursuant to your directions or consent and if so what was the consideration thereof? J ~ QpO~ VJ::o tL...- ~ ~~oC 0. c. ~ ~ ~ ~ ~ ~ .fi...V--Ut'4.. ~ 'Db ~cJ.> t.U-Lu-- ~ dL.-u. o.t.L-\---N 1iI--. ~ MU...('J... ~C 10. If the answer to Interrogatory 9 is in the affirmative, describe th~ature, fair market value, and present location of each of such properties, to { tv 11. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? ND 12. If the answer to Interrogatory 11 is in the affirmative, describe the amount or nature, fair market value and present location of each of such payments and properties, Nl-A WELTMAN, WEINBERG & REIS CO" LPA ~~i~: l-\~~OS ~ .,~. r;:i. iJ?, <e .- - :;:- ~ 1-,-0 (Ire:: -;'")t-r:'i :,:>9 !:,:!\Q. ~- ~i ;:'!j---' ."q, '~2\' -0 _t,- -- N .' o 0' ?l - SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-04565 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND GENERAL MOTORS ACCEPTANCE CORP VS SCHELL GLORIA J ET AL ,Sheriff or Deputy Sheriff of And now RONALD E. HOOVER Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:13 Hours, on the 29th day of June 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT SCHELL GLORIA J in the hands, possession, or control of the within named Garnishee COMMERCE BANK/HARRISBURG NA 65 ASHLAND AVE CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JENN STEIN (CUSTOMER SVC REI") personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So answers: ~~--.~~p R. Thomas Kline7 Sheriff of Cumberland County 06/30/2005 Sworn and subscribed to before me this C. ~ day of Y7 d.u-0.s A.D. (~!I.UdL~ Q Tn,e"h' ~ pro~nbtary , By ~~-;;?/ Deputy Sheriff SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-04565 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND GENERAL MOTORS ACCEPTANCE CORP VS SCHELL GLORIA J ET AL And now RONALD E. HOOVER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:13 Hours, on the 29th day of June , 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT BAENIG CHARLES , in the hands, possession, or control of the within named Garnishee COMMERCE BANK/HARRISBURG NA 65 ASHLAND AVE CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JENN STEIN (CUSTOMER SERVICE REPRESENTATIVE) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So answers: h~'-~~!, . Thomas Klinil Sheriff of Cumberland County 06/30/2005 Sworn and subscribed to before me this (.,? day of Q tJ~. ,'l/nJ .( A . D . ) (]t-<- () MAP!,., ~ Pro h notary , By ~~~ Deputy Sherif Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, DUE TO BANKRUPTCY. Sworn and Subscribed to before me This .1 1 ""dayof ~ 2005 AD. ~O~,~ r thonotary Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ ....-.'., \ -1; C:-::_~:. ~;~ 'r-'::s\l Advance Costs: Sheriffs Costs: 150.00 83.85 $ 66.15 18.00 1.65 .50 1.00 3,70 30.00 20.00 Refunded to Atty on 07/25/05 c 9,00 83.85 ;:~~-~~~ 'C;. R. Thomas Kline, Sheriff ~ ci ~cu c.. Jj(lfle;Jbajr n . / "\ By Claudia A. Brewbaker r ~ '" . htJ :[ d 8Z rmr ~OOl ~ =u=il =t.r=iJ = ~ Irlf\J '/0 'id.1 i~,_' I..i, , .,J"i.~'/;i.: ::l.:lI1BHS ::::11 ,,) J:1UJO v ,tl J. U1- ..,-(){"1f ~ IG.{,P(J3 , \. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE Plaintiff No. 04-4565 CIVIL vs. PRAECIPE FOR SATISFACTION OF JUDGMENT GLORIA J SCHELL & CHARLES H BAENIG AKA CHARLES BAENIG Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D #42524 WELTMAN, WEINBERG & REIS CO., L.PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03444007 . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE Plaintiff vs. Civil Action No, 04-4565 CIVIL GLORIA J SCHELL & CHARLES H BAENIG AKA CHARLES BAENIG Defendants PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO" L.PA By: James C, PA LD #4 WEL TM 2718 Ko 436 Sell Pittsbu (412) EINBERG & REIS CO" L.PA P s Building Avenue ,PA 15219 ~-7955 I/WVR #03444007 H OF PENNSYLVANIA NVla,i;::( SO;,l: Heidi J. Kelly, Notary ?uOIIC City Of Pittsburgh, Allegheny County My Commission Expires Nov, 4, 2009 Member, tJrml"llylvanla ASlOclatlon of Notllrlea -.- C_,".'