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HomeMy WebLinkAbout12-6016_ C' ~, , r) . i' .:t: `.r~ f J ~ I'd C.• Ut~ r..,. ..,dr: ~•~ 3 I "~_ ~$~~''i'~'trr~it~~ ROBERT D. KODAK, ESQUIRE KODAK LAW OFFICES, P.C. ( ~,~~ 407 N FRONT STREET, PO BOX 11848 `~ 1 HARRISBURG, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff KORG U.S.A., INC., IN THE COURT OF COMMON PLEAS Plaintiff ;CUMBERLAND COUNTY, PENNSYLVANIA a_ (~o1Co ~iv~ I TRIPLE R GUITAR, LTD. and NO. ~ RANDAL RAY ROBERTSON as Personal Guarantor, CIVIL ACTION -LAW Defendant(s) NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 ~~„ ~ 103.75 aN~ {~ ay ~~7 I ~k- ~.~BIiQ~ AvlsO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mss adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero rectamada en la demands o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mss aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes pars usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 KORG U.S.A., INC., IN THE COURT OF COMMON PLEAS Plaintiff ;CUMBERLAND COUNTY, PENNSYLVANIA v TRIPLE R GUITAR, LTD. and NO. RANDAL RAY ROBERTSON as Personal Guarantor, CIVIL ACTION -LAW Defendant(s) COMPLAINT The Plaintiff, KORG U.S.A., Inc, by its attorneys, KODAK LAW OFFICES, P.C., brings this action of Assumpsit against the Defendant(s) to recover the sum of TWO THOUSAND TWO HUNDRED TEN DOLLARSAND FIFTY CENTS ($2,210.50), along with interest thereon at the statutory rate from May 18, 2012, together with any and all court costs incurred by Plaintiff, upon a cause of action of which the following is a statement: The Plaintiff, KORG U.S.A., INC, is a corporation organized and existing under the laws of the State of Delaware, having its principal office and place of business at 316 South Service Road, Melville, NY 11747-3201. 2. The Defendant, TRIPLE R GUITAR, is a corporation having its principal office and place of business at 300 MARKET STREET, LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA 17043. F:\USEft\Z-MASTER CMP FILES\COMPLAINTS\K\KORG USA INC - 35363 akr.wpd 3. The Defendant, RANDAL RAY ROBERTSON, personal guarantor for TRIPLE R GUITAR, LTD., is an adult individual with an address of 300 MARKET STREET, LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA. 17043. 4. Defendant, TRIPLE R GUITAR, LTD,, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, as more fully set forth on the Pennsylvania Department of State Corporation Bureau ~-rint out attached hereto, marked Exhibit "A" and made a part hereof. 5. On or about March 7, 2005, Defendant(s) submitted a Credit Application and Proprietor Guaranty to Plaintiff, which credit was granted to Defendant(s), a true and correct copy of which is attached hereto, marked Exhibit "B" and made a part hereof. 6. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiff Statement of Account hereto attached, marked Exhibit "C" and made a part hereof, Plaintiff, at the special instance request of the Defendant(s), sold and delivered goods, wares and merchandise and/or performed labor and provided services of the kind and description set forth on said Exhibit to the total amount of Two Thousand Eight Hundred Eighty Three Dollars and Seventy Five Cents ($2,883.75). F:\USER\Z-MASTER CMP FILES\COMPLAINTS\K\KORG USA INC - 35363 akr.wpd 7. The prices charged for said goods, wares and merchandise and/or labor and services provided were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant(s) promised and agreed to pay to Plaintiff. 8. Due to the default of Defendant(s), and pursuant to the terms and conditions of the Credit Application and Proprietor Guaranty executed by Defendant(s) hereto attached as Exhibit "B", attorney's fees in the total amount of Five Hundred Seventy Six Dollars and Seventy Five Cents ($576.75) have been added to said account. 9. The Defendant(s) paid to Plaintiff on account of the aforementioned charges certain sums of money in the total amount of One Thousand Two Hundred Fifty Dollars and Zero Cents ($1,250.00). 10. The balance due and owing by Defendant(s) to Plaintiff is the sum of Two Thousand Two Hundred Ten Dollars and Fifty Cents ($2,210.50). 11. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature of same and have previously been provided to Defendant(s). F:\USER\Z-MASTER CMP FILES\COMPLAINTS\K\KORG USA INC - 35363 akr.wpd ~ 12. Plaintiff frequently demanded payment from Defendant(s) of said amount due and owing as aforesaid, but Defendant(s) refused and neglected and still refuse and neglect to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant (s) the sum of TWO THOUSAND TWO HUNDRED TEN DOLLARS AND FIFTY CENTS ($2,210.50), together with interest as set forth herein, together with any and all court costs incurred by Plaintiff. Respectfully submitted, KODAK LAW OFFICES, P.C. 1! J y .Troutman, Esquire ID#53984 Robert D. Kodak, Esquire ID# 18041 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff F:\USER\Z-MASTER CMP FILES\COMPLAINTS\K\KORG USA INC - 35363 akr.wpd 5 Business Entity Page 1 of 1 Corporations Online Services ~ Corporations I Forms ~ Contract Corporations ~ Business Services Search By Business Name By Business Entity ID Verify Verity Certification Online Orders Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images Business Entity Filing History Date: 8/21/2012 (Select the link above to view the Business Entity's Filing History) Business Name History Name Name Type TRIPLE R GUITAR, LTD. Current Name Business Corporation -Domestic -Information Entity Number: 2812932 Status: Active Entity Creation Date: 4/23/1998 10:31:28 AM State of Business.: PA Registered Office Address: 300 MARKET ST t_EMOYNE PA 17043-0 Cumberland Mailing Address: No Address Officers Name: RANDAL R ROBERTSON Title: President Address: 300 MARKET ST l_EMOYNE PA 17043-21 ti,~r.ae~ f~ o, ~ p ~~me Copyright ©2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement 8/21/2012 JAtJ-27-2009 10 43 KORG USR CCNFiDENT[~L C~EDfT APPf;.fCATfQ~[~ Ter. taaa~ ~~~-ss~4 F . (800) 289-56fi4 NeW ,4xaant: ~ r US-~•tiEn-C, DATE: lJ~8t8: SALES REF'. ~~ St6 South Ssn-lee Raed, NefdNe, K.Y.11TQ-82U'I FROM: REP ./°~~ P. Q2 NAME OF FIRM ~ ~ T ~,~` r ~U 1 1!~ r _ CORP ~j PRTNRat~P ADDRESS ~~'~ ~~y l~ c~~ti^2..t. ~ LISf NATME"(S1QF CITY, STATE 6ZIP ~y1^~~ 1n.£. ~' I ~ ~ ~ oFFiCER('~ ~, c-C TELEPHONE NUMBER ('1 ~?) ") 3 ~ Q o 2 ~ FAX'i7 ~~ '~ ~o q O 2~ OWNER(S) PARTNER(S) FULL UNE MUSK DEALER ~ 5fUD1Q ~ OTHER _ LATEST FINANCIAL STATEMENT MUST BE SUBMfITED. DATE 9[!S[NESS STARTED ~ ~. RATED IN D & B ~ YE5 ~ NO RATING RESALE NO_ YdJR TOTAL ESTIMATED ANNUAL SALES ~ ~ i~~ i , rl- YOURTOTAL ESTIMATED ANNUAL SALES WITH KORG USA FED TAX NO. (CORP. ONlIY)~ SIZE OF STURE (APPROX. SQUARE FEET) Z, ~-p _ AMOUNT OF FIRST ORDER S PFUNGIPAL LINES CARRIED _ _ ~_ TRADE AND BANK REFERENCES TRADE REFERENCES: (FULL noDRESS [S gEQl,IIRED INCLUDING TELEPHONE Nu1NHE:A) 2. ~ (` 3. ~~ ~g 4. A BAwK REFERENCES: {AT. LEetsT ONE G~oNIbAERCIAL BANK REFE:REh1cE REOUIRE:D INCLUDING AGCOUKTlJUA9BEF~ AND TELI=PHONE Nu~IE~E NAME AD~I~ESS - 7~n 1. ~ _.- i ACCOUNT NUMBER - _.,,,~ TELEPNOiI~ NUM9EFi z. s __ --- L I NUMFlER ADDRESS ~' HOME OFFICEI SOLE PROP. ^ {MUST BE ~tSTED) ZIP TELEPHONE NUMBER REPRESENTAI'IvE1pf:ALER COMMENTS AEGAFaDING WHICF! KORG USA INC. Llt~{st WILL BE PURCHASES? AND Ml5TRUCTIDNS FOi3 INITIAL, Qfi[~A - C€~1 Q1 THE ?E SIGhfER. JAh 27-2aC~9 ~Ct43 KORG USA P. B3 APPLICANT'S S?[ATEN~NT Off' IE~SPCNST~~LITY i L o PROPRIETO~t A,UY'Y~ORIZATION i By signing chic Application, I authority KorgUSA inc. or its ngerrt to investig,uc mY }credit fitt~aal rzcords.inciuding my banking records. As pari of such investigation, I authorize KorgUSA Inc, to t+eq»t ~atuptr ~repdrt~.or~tatE Ai iabn with the opening, monirprln$ LotteWBl and extenainn oFthis amd other ttecatmts with Korglf9A ~nc, and them ~if'btltek' lSroduGs and tetviW to rrrc and m3' business by KorgUSA Inc. l further' tutthorixc KorgUSA Inc. to share the information x>r'ccived float my cottauttttx ctsdit toport with KorgUS,4 Inc.'s ptrtcrt~ subsidiaries, trod elAli~ts..If t regttesr, you will tell [rte whcdtcr my consumer credit report was requested and, if so, the i [tame and addras of the consumer cmdit reporting agency that fitmished the report, , i 2. PROPR>ETt~i GUARANTY ~ By signing this Application, I aelmvwledgc that I harry personally gutttanteed the debts and obligations of my busittcss and agree that 1 am.personalfy obligated to perform fill of the terms of, and mttl;e all payments rn KorgUSA inc, required by, the agreement of which ~i this Application is paR, /: F' amc trial erne Social 5ecuriry Numticr ~m Home Addrrs Home Photte Numoar / 2..! 0 1 v~~ ~ Ci Sty ~ ' ~,p ~oac ~I ~ ~~ti - Authorized Si Dam 3 r ~s For Nltil[iple Owners First Name Initial Last Name Socia! Security Number Ptrsent F[ome Addrt:ss Hamc Phone Number City state Zip Codc Aurhoriud Sigrtature Dam Applicant's signature attests financial responsibility, abiliry and wiliirtgness tc~ pay our invoices in accordance with the tests of sale indicated on each invoice. .Merchandise may oot be returned to KorgUSA Inc. far any reason. without prior authorization.. Merchandise returned to KorgUSA loc. without prier autltonzation will be refused_ Any merchandise returned after attthoriz~tion is granted, [Host be shipped in original cartons, freight prepaid, rand will be subject to a I O°fa handling and re-stockine charge_ In additiop, should the need arise to place any tu~paid charges due KargLTSA Inc. with an attorney ar coalection agency, applieEtnt agrees to pay the f*i[- amount of the principal charges remaining unpafd thereunder and interest: an the principal charges to the extent permitted by applicable state law, together with all expenses including reasonable attorney and/collection fees. THE ABOVE INFORMATION AS VPELC. A5 T'I:IAT GIVEN ON THE REVERSE SIDE I5 FOR THE PURPOSE OF OBTAINING CREDIT AND IS WARRANTED TO SE TRUE. VWF I-IF:REH~' AUTHOR,[ZE KORG USA INC, TO INVESTIGATE THE REFERENCES LISTED PERTAINING TO MX/CREDIT AND FINANCIAL I2ESPQ~ISIHILITY. FIRivI 1\t, B~ $~ ~ ~a~ T-~ ~ i yt ~~ ~ ~ .I US .INC. ~~:3:.~~iiJ~Ei._ P. 1 ~ ., a ' , ~ ~ ! .. Statement Number. 14,375 Statement Date: 11/0512008 Account Number. 99136000 Send payment to: P.O. BOX 9675 1 EAB Plsza Uniondale, NY 11555-9675 TRIPLE R GUITAR 300 MARKET ST LEMOYNE, PA 17043-1627 0611312007 000000984570 Invoice 363.49 363,49 000000984570 07!0112007 000000988423 InvolcB 151.82 151.82 000000988423 07/10/2007 0000009643652 Invoice 54&.37 546,37 0000009843fi5-2 07/13/2007 000000984568-2 Invoix 122.85 122,85 000000984588-Z 08/09/2007 0000009643653 Invoice 546.37 546.37 000000984365-3 08/12/2007 0000009EA568-3 Invoice 122.85 122,85 00000098456B~ 12128!2007 000001058693-1 Invoice 253.38 253.38 000001058693-1 01/27/2008 0000010586932 invoice 253.31 253.31 000001058693-2 02/26/2008 0000010586933 Invoice 253.31 253.31 000001058693-3 08/02/2008 FG22382 FinanceChg 250.00 541.98 100 08102/2008 FG22382 FinanceChg -118.69 100 08102/2008 FC-22382 FinaneeChg -173.29 100 Tata1 for TRIPI~ R G 2.683.75 Total for KORG1 2,883.75 USD Statement Total 2,883.75 108590 ~ - Va. a+f Itantia 1D 1D mown 2883.7 2,883.75 USD We appreciate your business. If you have questions about your account, please call Beatriz Rodriguez beatrizr~koryusa.com at 631~9D-6582 Printod By BEATRIZR VERrirICA71oN i, ~ ~f' o~ ~ f ~ 1ea~nc~. _, ~G e c~,Y~ ~~~t ~~ a yep--> > (name) (lttto) of Korg U.S,A,, inc., verify that fhe statements made #n the aforegoing document are true and correct, I understand That false statements herein are made subject to the penalties of '(8 Pa. C. S, §4904, relating to unsworn faisif#catlon to author#ties. Korg U.S. ~rnc. sy: Title: ~~ ~,~.a~ ~~ ~a Dated: .Q ~.~.. 2 U / ~ ~~~ !' 35303/8K6,08~•A5 TRIP~I= R GUITAR SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff , •r of ?tliflfj r `r-) ?° ?'; --1 `" i , py Jody S Smith Chief Deputy ?- Richard W Stewart r Solicitor Korg U.S.A., Inc. Case Number vs. Triple R Guitar, Ltd. (et al.) 2012-6016 SHERIFF'S RETURN OF SERVICE 10/02/2012 07:02 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be MOLLY ROBERTSON-WIFE, who accepted as "Adult Person in Charge" for Randal Ray Robertson at 2101 Mayfred Lane, Camp Hill Borough, Camp Hill, PA 17011. RYAN BURGETT, DEPU 10/03/2012 12:15 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be RANDALL RAY ROBERTSON, OWNER, who accepted as "Adult Person in Charge" for Triple R Guitar, Ltd. at 300 Market Street, Lemoyne Borough, Lemoyne, PA 17043. NOAH CLINE, DEPUTY SHERIFF COST: $75.45 October 04, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF c; Coun ySote Sheriff, Taeosoft Ina ~ L.~ l., l~ i s P~PY~dSY~~rµ~~i~ Joseph B. Sobel I.D. No. 17715 PO Box 828 Harrisburg, PA 17108-0828 Tel: (717) 234-2200 Fax: (717) 234-2211 I9~b~aol.com Attorney for Defendant, Randal Ray Robertson KORG U.S.A., INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, :PENNSYLVANIA ~• Civil Action 12-6016 Civil TRIPLE R GUITAR, LTD, and RANDAL RAY ROBERTSON as Personal Guarantor, ; CIVIL ACTION -LAW Defendants Robert D. Kodak, Esquire Kodak Law Offices PC 407 N Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff Joseph B. Sobel I.D. No. 17715 PO Box 828 Harrisburg, PA 17108-0828 Tel: (717) 234-2200 Fax: (717) 234-2211 ~~ b~aol. com Attorney for Defendant, Randal Ray Robertson KORG U.S.A., INC., IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :Civil Action 12-6016 Civil TRIPLE R GUITAR, LTD, and RANDAL RAY ROBERTSON as Personal Guarantor, CIVIL ACTION -LAW Defendants TO: PROTHONOTARY OF CUMBERLAND COUNTY Randal Ray Robertson, Defendant in the above-captioned action, has filed for relief from the United States Bankruptcy Court for the Middle District of Pennsylvania, under Chapter 7 of the United States Code. All proceedings in this Court as to Randal Ray Robertson are stayed pursuant to 11 U.S.C. ~ 362. A copy of the Voluntary Petition in Bankruptcy is attached. J Joseph B. Sobel, Atto y for Defendant Randal Ray Robertson I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 Joseph B. Sobel I.D. No. 17715 PO Box 828 Harrisburg, PA 17108-0828 Tel: (717) 234-2200 Fax: (717) 234-2211 9~~ao1. com Attorney for Defendant, Randal Ray Robertson KORG U.S.A., INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, :PENNSYLVANIA ~• Civil Action 12-6016 Civil TRIPLE R GUITAR, LTD, and RANDAL RAY ROBERTSON as Personal Guarantor, CIVIL ACTION -LAW Defendants I hereby certify that on November 30, 2012, a true and correct copy of the. foregoing Suggestion of Bankruptcy was served upon Plaintiff, KORG, U.S.A., Inc., by mailing same by United States Mail, First Class, postage prepaid, to its attorney of record, at the following address: ROBERT D KODAK ESQUIRE KODAK LAW OFFICES PC 407 N FRONT STREET PO BOX 11848 HARRISBURG PA 17108-1848 Joseph B. Sobel Attorney for Defendant I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 R1 lnfficial Fnrm 11 11 2/1 11 United States Bankruptcy Court ~`"`'`~X" Middle District of Pennsylvania ~~;. - 3~sf " . T-: Name of Debtor (if individual, enter Last, First, Middle): Name of Joint Debtor (Spouse) (Last, First, Middle): Robertson, Randa{, Ray Robertson, Molly, Landon All Other Names used by the Debtor in the last 8 years All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names): (include married, maiden, and trade names): Randal Ray Robertson Sr Molly L Robertson Randal R Robertson Last four digits of Soc. Sec. or Individual-Taxpayer LD. (ITIN)/Complete EIN(if more Last four digits of Soc. Sec. or Individual-Taxpayer LD. (ITCN)/Complete EIN(if more than than one, state alt): 9510 one, state all): 7030 Street Address of Debtor (No. & Street, City, and State): freer Address of Joint Debtor (No. & freer, City, and State)' 2101 Mayfred Lane 2101 Mayfred Lane Camp Hill, PA Camp Hill, PA ZIP CODE 17011 zlP CODE 17011 County of Residence or of the Principal Place of Business: County of Residence or of the Principal Place of Business: Cumberland Cumberland Mailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address): ZIP CODE ZiP CODE ocation of Principal Assets of Business Debtor (if different from street address above): ZIP CODE ype o e for Nature of Business apter o an prey o e n er c (Form of Organization) (Check one box) the Petition is Filed (Check one box) (Check one box.) ^ HealCh Care Business ® Chapter 7 ^ Chapter 15 Petition for Individual includes Joint Debtors ® ( ) ^ Single Asset Real Estate as defined in 1 1 Reco lion of a Forei ^ Chapter9 ~ ~ See Exhihit D on page 2 of this form. U.S.C. IO151B § ( ) Main Proceeding ^ Corporation (includes LLC and LLP) ^ Railroad ^ Chapter 11 ^ Chapter I S Petition for pattrtersltf ^ p ^ Stockbroker ^ Cha ter 12 p Recognition of a Foreign ^ Other (If debtor is not one of the above entities, ^ Commodity Broker Nonmain Proceeding ^ Chapter 13 check this box and state type of entity below.) ^ Clearing Bank ^ Other Chapter IS Debtors Tax-Exempt Entity Nature of Debts (Check box, if applicable) (Check one box) Country of debtor's center of main interests: ^ Debtor is atax-exempt organization 6Q Debts are primarily consumer ^ Debts are primarily T d f h U d debts defined in 17 U.S.C. business debts. Each country in which a foreign proceeding by, regarding, er un itle 26 o t e nite States Code (the Internal Revenue Code.) , § 101(8) as "incurred by an or against debtor is pending: individual primarily for a personal, family, or house- hold se." Filing Fee (Check one box) Chapter 11 Debtors Check one bax: FuII Filing Fee attached ^ Debtor is a small business debtor as defined in I I U.S.C. § 101(51 D). ^ Filing Fee to be paid in installments (applicable to individuals only). Must attach ^ Debtor is not a small business debtor as defined in 1 ] U.S.C. § I O I (51 D). signed application for [he court's consideration certifying that the debtor is Check if: unable to pay fee except in installments. Rule 1006(b) See Official Form 3A. ^ Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2,343,300 (amount subject to adjustment on ^ Filing Fee w•eivcr requested {applicable to chapter'? individuals only). Must 4/01/!3 and every three years thereafter). attach signed application for the court's consideration. See Official Form 3B. Check all applicable boxes ^ A plan is being filed with this petition ^ Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 1 l U.S.C. $ l 126(b). 5tatisticaVAdministrative Information THIS SPACE IS FOR ^ Debtor estimates [hat funds will be available for distribution to unsecured creditors. COURT USE ONLY ® Debtor estimates that, aRer any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. Estimated Number of Creditors f~ ^ ^ ^ ^ ^ ^ D ^ ^ 1- 50- 100- 200- 1,000- S,OOl- IO,OOI- 25,001- SO,U01- Over 49 99 199 999 5,000 10,000 25,000 50,000 100,000 100,000 Estimated Assets $0 to $50,001 ur $IOQD01 to $500,001 to $1,000,001 $10,000,001 $SQ,000,001 $100,000,001 $SOO,000,OOI More than $l $50,000 $100,000 $500,000 $1 to$]0 to $50 to $100 to $500 [0 $1 billion billion million million million million million Estimated Liabilities $0 to $50,001 to $100,001 to SSOQ,001 to $1,000,001 $10,000,001 $50,000 ,001 $]00,000,001 $500 001 More than $t 000 S50,000 $100,000 $900,ppp $ ] to $10 to $50 to $100 , , to $500 to $1 billion billion million million million million million vu.~c.. r. r ~-vr.-vvv-r.z vvv r r ncu r r r.wr r c t_r ncr cu t r t avt r ~ 1 I .JJ.LV ucat, rnan [ Document Page 1 of 3 Bt (Official Form 11 t12/111 FORM Bl, PaQe 2 Voluntary Petition Name of Debtor(s): (This page must be completed and filed in every case) Randal Ray Robertson, Molly Landon Robertson All Prior Banlavptcy Cases Filed Within Last 8 Years pf more than two, attach additional sheet.) Location Case Number: Dale Filed: Where Filed: NONE Location Case Number. Date Filed: Where Filed: Pending Banluvptcy Case Filed by any Spouse, Partner or Afflllate of this Debtor (If more than one, attach additional sheet) Name of Debtor Case Number: Date Filed: NONE District: Relationship: Judge: Exhibit A Exhibit B (To be completed if debtor is required to file periodic reports (e.g., forms l OK and (To be completed if debtor is an individual I OQ) with the Securities and Exchange Commission pursuant to Section 13 or l5(d) whose debts are primarily consumer debts) of the Securities Exchange Act of 1934 and is requesting relief under chapter 11.) I, [he a[tomey for the petitioner named in the foregoing petition, declare that t have infotrned the petitioner that [he or she] may proceed under chapter 7, 11, 12, or 13 of tide 11, United States Code, and have explained the relief available under each such chapter. [further certify that 1 have delivered to [he debtor the notice required by 11 U.S.C. § 342(b). ^ Exhibit A is attached and made a part of this petition. R /Joseph B Sabel 11-30-12 Signature of Attorney for Debtor(s) Date Joseph B Sobel 17715 Exhibit C Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety? ^ Yes, and Exhibit C is attached and made a part of this petition. No Exhibit D (To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.) Exhibit D completed and signed by the debtor is attached and made a part of this petition. If this is a join[ petition: ® Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition. Information Regarding the Debtor -Venue (Check any applicable box) [~ Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for I g0 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District. ^ There is a bankruptcy case concerning debtor's affiliate. general partner, or partnership pending in this District. ^ Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District. or has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or the interests of the patties will be served in regard to the relief sought in this District. Certification by a Debtor Who Resides as a Tenant of Residential Property (Check all applicable boxes.) ^ Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete [he following). (Name of landlord that obtained judgment) (Address of landlord) ^ Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and ^ Debtor has included in this petition the deposit with the court of any rent that would became due during the 30-day period after the filing of the petition. ^ Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(1)). Case 1:12-bk-06845 Doc 1 Filed 11/30/12 Entered 11/30!12 11:35:26 Desc Main Document Page 2 of 3 Bl (Official Form 11 (12/11) FORM Bl, Page 3 Voluntary Petition Name of Debtor(s): (This page must be completed and,filed in every case) Randal Ray Robertson, Molly Landon Robertson Si n atures Signature(s) of Debtor(s) (IndividuaUJoint) Signature of a Foreign Representative I declare under penalty of perjury that the information provided in this petition is true I declare under penalty of perjury that the information provided in [his petition is true and correct. and correct, that I am the foreign representative of a debtor in a foreign proceeding, [If petitioner is an individual whose debts are primarily consumer debts and has and that I am authorized to file this petition. chosen to file under chapter 7] I am aware that I may proceed under chapter 7, I I, 12 or 13 of title 11, United States Code, tmderstand [he relief available under each such (Check only one box.) chapter, and choose to proceed under chapter 7. ~ I request relief in accordance with chapter 15 of Title 1 1, United States Code. [If no attorney represents me and no bankruptcy petition preparer signs the petition] I Certified Copies of the documents required by ! 1 U.S.C. § 3 5 3 5 are attached. have obtained and read the notice required by 11 U.S.C. § 342(b). Pursuant to l 1 U.S.C. § 15l I, [request relief in accordance with the 1 request relief in accordance with the chapter of title 11, United States Code, specified chapter of title I 1 specified in the petition. A certified copy of the in this petition. order granting recognition of the foreign main proceeding is attached. X sl Randal Ray Robertson X Not Applicable Signature of Debtor Randal Ray Robertson (Signature of Foreign Representative) X s/ Molly Landon Robertson Signature of Joint Debtor Molly Landon Robertson (Printed Namc of Foreign Representative) Telephone Number (If not represented by attomey) 11-30-12 Date Date Signature of Attorney Signature of Non-Attorney Petition Preparer X /Joseph B Sobel Signature of Attorney for Debtor(s) I declare under penalty of petury [hat: (I) I am a bankruptcy petition prepazer as defined in 11 U.S.C. § 110; (2) I prepazed this document for compensation and have provided the Joseph B Sobel Bar No. 17715 debtor with a copy of this document and the notices and information required under I ] U.S.C. §§ 1 l0(b), 110(h), and 342(b); and, (3) if roles or guidelines have been Printed Name of Attorney for Debtor(s) /Bar No. promulgated pursuant to 11 U.S.C. § 110(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, I have given [he debtor notice of the maximum amount Law Offices Joseph B Sobel before preparing any document for filing for a debtor or accepting any fee from the debtor, as required in that section. Official Forth 19 is attached. Firm Name PO Box 828 Harrisburg, PA 17108-0828 Address Not Applicable Printed Name and title, if any, of Bankruptcy Petition Preparer (717) 234-2200 (717) 234-2211 Telephone Number Social-Security number (If the bankruptcy petition prepazer is not an individual, state the Social-Security number of the officer, principal, responsible person or partner of 11-30-12 the bankruptcy petition preparer.) (Required by 1 I U.S.C. § 110.) Dale *In a case in which § 707(b)(4)(D) applies, this signature also constitutes a Address certification that [he attomey has no knowledge after an inquiry that the infomration in the schedules is incorrect. Signature of Debtor (Corporation/Partnership) X Not Applicable I declare under penalty of perjury that the information provided in this petition is true and correct, and that I have been authorized to file [his petition on behalf of the Dale debtor. Signature of bankruptcy petition prepazer or officer, principal, responsible person, or The debtor requests the relief' in accordance with the chapter of title 11, United Slates Partner whose Social-Security nwnber is provided above. Code, specified in this petition. Names and Soc;al-Security numbers of all other individuals who prepared or assisted X Not Applicable in preparing this document unless the bankruptcy petition prcparer is not an ind;viduat. Signature of Authorized Individual If more than one person prepared this document, attach to the appropriate official form for each person. Printed Name of Authorized Individual A bankruptcy petition preparer's~uilure to comply kith the provisions of title 11 and the Federal Rufes of Banrruptcy Procedure may result in fines or imprisonment or 1 Title of Authorized individual hoth. 11 U.S.C. § 10; IR U.S.C. § 156. Date Case 1:12-bk-06845 Doc 1 Filed 11 /30/12 Entered 11/30/12 11:35:26 Desc Main Document Page 3 of 3 B 1D (Official Form 1, Exhibit D) (12!09) UNITED STATES BANKRUPTCY COURT Middle District of Pennsylvania In re Randal Ray Robertson Molly Landon Case No. Robertson Debtor(s) (~f known) EXHIBIT D -INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH CREDIT COUNSELING REQUIREMENT Warning: You must be able to check truthfully one of the five statements regarding credit counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court can dismiss any case you do file. If that happens, you will lose whatever filing fee you paid, and your creditors will be able to resume collection activities against you. If your case is dismissed and you file another bankruptcy case later, you may be required to pay a second filing fee and you may have to take extra steps to stop creditors' collection activities. Every individual debtor must file this Exhibit D. If a joint petdion is filed, each spouse must complete and file a separate Exhibit D. Check one of the five statements below and attach any documents as directed. ~ 1. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have a certificate from the agency describing the services provided to me. Attach a copy of the certificate and a copy of any debt repayment plan developed through the agency. ^ 2. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do not have a certificate from the agency describing the services provided to me. You must file a copy of a certificate from the agency describing the services provided to you and a copy of any debt repayment plan developed through the agency no later than 14 days after your bankruptcy case is filed. ^ 3. I certify that I requested credit counseling services from an approved agency but was unable to obtain the services during the seven days from the time I made my request, and the following exigent circumstances merit a temporary waiver of the credit counseling requirement so I can file my bankruptcy case now. (Summarize exigent circumstances here.] If your certification is satisfactory to the court, you must still obtain the credit counseling briefing within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the agency that provided the counseling, together with a copy of any debt management plan developed through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days. Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy case without first receiving a credit counseling briefing. Case 1:12-bk-06845 Doc 1-1 Filed 11 /30/12 Entered 11 /30/12 11:35:26 Desc Exhibits D Page 1 of 4 B 1D (Official Form 1, Exh. D) (12!09) -Cont. ^ 4. I am not required to receive a credit counseling briefing because of: (Check the applicable sfatement.] (Must be accompanied by a motion for determination by the court.] ^ Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental illness or mental deficiency so as to be incapable of realizing and making rational decisions with respect to financial responsibilities.); ^ Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or through the Internet.); ^ Active military duty in a military combat zone. ^ 5. The United States trustee or bankruptcy administrator has determined that the credit counseling requirement of 11 U.S.C. ' 109(h) does not apply in this district. 1 certify under penalty of perjury that the information provided above is true and correct. Signature of Debtor: s/ Randal Ray Robertson Randal Ray Robertson Date: 11-30-12 Case 1:12-bk-06845 Doc 1-1 Filed 11/30/12 Entered 11!30/12 11:35:26 Desc Exhibits D Page 2 of 4 B 1D (Official Form 1, Exhibit D) (12/09) UNITED STATES BANKRUPTCY COURT Middle District of Pennsylvania In re Randal Ray Robertson Molly Landon Case No. Robertson Debtor(s) (~f known) EXHIBIT D -INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH CREDIT COUNSELING REQUIREMENT Warning: You must be able to check truthfully one of the five statements regarding credit counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court can dismiss any case you do file. If that happens, you will lose whatever filing fee you paid, and your creditors will be able to resume collection activities against you. If your case is dismissed and you file another bankruptcy case later, you may be required to pay a second filing fee and you may have to take extra steps to stop creditors' collection activities. Every individual debtor musf file this Exhibit D. If a joint petition is filed, each spouse must complete and file a separate Exhibit D. Check one of the f-ve statements below and attach any documents as directed. [~ 1. Within the 180 days before the filing of my bankruptcy case, f received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have a certificate from the agency describing the services provided to me. Aftach a copy of the cert~cate and a copy of any debt repayment plan developed through the agency. ^ 2. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do not have a certificate from the agency describing the services provided to me. You must file a copy of a certificate from the agency describing the services provided to you and a copy of any debt repayment plan developed through the agency no later than 14 days after your bankruptcy case is filed. ^ 3. 1 certify that I requested credit counseling services from an approved agency but was unable to obtain the services during the seven days from the time I made my request, and the following exigent circumstances merit a temporary waiver of the credit counseling requirement so I can file my bankruptcy case now. (Summarize exigent circumstances here.) If your certification is satisfactory to the court, you must still obtain the credit counseling briefing within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the agency that provided the counseling, together with a copy of any debt management plan developed through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days. Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy case without first receiving a credit counseling briefing. Case 1:12-bk-06845 Doc 1-1 Filed 11/30/12 Entered 11/30/12 11:35:26 Desc Exhibits D Page 3 of 4 B 1 D (Official Form 1, Exh. D) (12109) -Cont. ^ 4. I am not required to receive a credit counseling briefing because of: (Check the applicable statement.) (Must be accompanied by a motion for determination by the court.] ^ Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental illness or mental deficiency so as to be incapable of realizing and making rational decisions with respect to financial responsibilities.); ^ Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or through the Internet.); ^ Active military duty in a military combat zone. ^ 5. The United States trustee or bankruptcy administrator has determined that the credit counseling requirement of 11 U.S.C. ' 109(h) does not apply in this district. I certify under penalty of perjury that the information provided above is true and correct. Signature of Debtor: s/ Molly Landon Robertson Molly Landon Robertson Date: 11-30-12 Case 1:12-bk-06845 Doc 1-1 Filed 11/30/12 Entered 11/30/12 11:35:26 Desc Exhibits D Page 4 of 4