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Home My WebLink About04-6056IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. 04 - 1-0A Plaintiff, TYPE OF PLEADING: VS. Complaint THOMAS E. UNGER, TYPE OF CASE: Defendant. Civil Action Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: Defendant's Address: CATHY ANN CHROMULAK, ESQ. 706 CARRIAGE LANE PA ID NO. 42067 MECHANICSBURG, PA 17050-2252 SCOTT E. CRAWFORD, ESQ. PA ID NO. 89570 MELISSA A. SHENKEL PA ID NO. 91445 CHROMULAK & ASSOCIATES, LLC 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (724) 916-2400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Vs. Plaintiff, CIVIL DIVISION No. THOMAS E. UNGER Defendant(s) 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 OR 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CIVIL DIVISION CONSUMER DISCOUNT COMPANY, No. 014 -" Plaintiff, VS. THOMAS E. UNGER, Defendant. COMPLAINT AND NOW COMES, the Plaintiff, HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, by its Attorneys, Chromulak & Associates, LLC, with its Civil Action Complaint, the following of which is a statement thereof. 1. HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY is a Corporation, duly authorized to conduct business in the Commonwealth of Pennsylvania, with its principal office situated at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff'. 2. THOMAS E. UNGER is an adult individual residing at 706 CARRIAGE LANE, MECHANICSBURG, PA 17050-2252. 3. On or about NOVEMBER 27, 2002, Defendant entered into a written Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit A" and incorporated herein. 4. Pursuant to the Loan Agreement with Defendant, Plaintiff advanced funds to the Defendant. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 5. Defendant is in default under the terms and conditions of the aforementioned Loan Agreement for failing to make payments when due, with the last payment having been made on or about SEPTEMBER 20, 2003. 6. Pursuant to the terms of the Loan Agreement, Plaintiff has the right to require payment of the entire amount owed upon default. The total amount due, including principal and interest, and owing by the Defendant is in the sum of ELEVEN THOUSAND, THREE HUNDRED EIGHTY ONE 12/100 ($11,381.12) DOLLARS as of OCTOBER 19, 2004. 7. Numerous demands have been made upon Defendant by Plaintiff, but Defendant has failed or refused to pay. 8. Pursuant to the Loan Agreement, Plaintiff is entitled to recover costs of collection and reasonable attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of ELEVEN THOUSAND, THREE HUNDRED EIGHTY ONE 12/100 ($11,381.12) DOLLARS, with interest thereon at the rate of 4.99% from OCTOBER 19, 2004, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, LLC ?J?.??t,MI1u( BY: UY CATHY CHROMULAK, ESQ. PA ID NO. 42067 SCOTT E. CRAWFORD, ESQ. PA ID NO. 89570 MELISSA A. SHENKEL PA ID NO. 91445 Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. LOAN REPAYMENT AND SECURITY AGREEMENT (Page 1 of 3) LENDER (called "We", "Us", "Our") HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 25 GATEWAY DRIVE GATEWAY SQUAREISUITE 107 MECHANICSBURG PA 17055 BORROWERS (called "You", "Your") UNGER, THOMAS E SS# 188328021 706 CARRIAGE LANE MECHANICSBURG PA 17050 LOAN NO: 713303-107640 BRACT RATE r 4y.ear999 00 rAUMENT MONTHLY INSTALLMENT 227.53 .I 227.53 NONE TERM NON FILING INSURANCE PREMIUM A NONE 80 REQUIRED INSURANCE. You must obtain insurance for term of loan covering security for this loan as indicated below, naming us as Loss Payee. Title insurance on real estate security. Fire and extended coverage insurance on real estate security. Physical damage insurance on vehicle listed under "Security" above if "Y" appears under "Insured". Physical damage insurance on other property listed under "Security" above if "Y" appears under "Insured". You may obtain any required insurance from anyone you choose. (See "Security" paragraph above for description of security to be insured.) NOTICE: THE FOLLOWING PAGES CONTAIN ADDITIONAL CONTRACT TERMS. ?IIIIIIIII p ? IIII IIII'' { 03-01-00 NRE I?j+IIUmm'I' III?1101111111II1II IIIIIIIII?IIIII?IIII?IIIIIII??IIIII?IIIUI?IIIBIIII PA875011 "U0349OC6GL95CEA9000P EXHIBIT ORIGINAL LOAN REPAYMENT AND SECURITY AGREEMENT (Page 2 of 3) PAYMENT. In return for this loan, you will pay us the Total of Payments (the sum-of Finance Charges plus Amount Financed), in monthly payments stated on page one. The Finance Charge is the total-of Interest plus Service Charge. You may pay more at any time. You will pay us at our business address as stated on page one or other address given you. If more than one Borrower is named on page one, we may enforce this Agreement against all, or any, Borrowers, but not in a combined amount greater than the amount owed. DATE ON WHICH FINANCE CHARGE BEGINS. Finance Charges begin on the date of disbursement. If this loan is made by mail, the date on which the Finance Charge begins is postponed by the number of days from the date of this Agreement to the date of disbursement. Payment due dates and effective date of any optional insurance purchased are also postponed. PAYOUTS. You agree to payouts of Amount Financed as shown on Truth-In-Lending disclosure form. If payouts change because loan closing is delayed, (a) you shall.pay additional amounts due at closing, or (b) your cash or check will be reduced to cover additional payouts. PREPAYMENT. If you fully pay before.final payment due date, the amount you owe will be reduced by unearned Finance Charge (but'not Service Charge) determined by the 'Rule of 78ths". MATURITY. After the final payment due date stated on page one you will pay interest at the rate of 18% per year. SECURITY. You agree to give us a security interest in the property identified on page one, which will secure all indebtedness, including future advances under this Agreement. LATE CHARGE. If you don't pay any payment in 10 days after it's due, you will also pay 1 112% per month on the amount overdue (subject to a $1.00 minimum charge). BAD CHECK CHARGE. We. will charge you a fee of $20 if any payment check is returned because of insufficient funds or is otherwise dishonored. You agree that we may deduct this charge from a monthly payment. FAILURE TO PAY. If you don't pay any payment on time or fail to keep any required insurance.in force, (a) all your payments may become due at once and without notifying you before bringing suit, we may sue for the total amount you owe less any unearned Finance Charges you would receive if you fully prepaid, and (b) you will also pay our reasonable attorney fees, if the attorney is not our salaried employee, for legal proceedings to collect this loan or realize on security. EXCHANGE OF INFORMATION. You understand that from time to time we may receive credit information concerning you from others, such as stores, other lenders, and credit reporting agencies. You authorize us to share any information, on a regular basis, we obtain related to your Account, including but not limited to credit reports and insurance information, with any of our affiliated corporations, subsidiaries or other third parties. The uses of this information may include an inquiry to determine if you qualify for additional offers of credit. You also authorize us to share any information regarding your Account with any of our affiliated corporations, subsidiaries or other third parties. You may prohibit the sharing of such information (except for the sharing of information about transactions or experiences between us and you) by sending a written request which contains your full name, Social Security Number and Address to us at P.O. Box 1547, Chesapeake, VA 23320. If you fail to fulfill the terms of your credit obligation, a negative report reflecting on your credit record may be submitted to a Credit Reporting Agency. You agree that the Department of Motor Vehicles (or your state's equivalent of such department) may release your residence address to us, should it become necessary to locate you. You agree that our supervisory personnel may listen to telephone calls between you and our representatives in order to evaluate the quality of our service to you. INSURANCE. Optional credit insurance and any required insurance disclosures are attached to this Agreement and are incorporated herein by reference. ALTERNATIVE DISPUTE RESOLUTION AND OTHER RIDERS. The terms of the Arbitration Agreement and any other Riders signed as part of this loan transaction are incorporated into this Agreement by reference. APPLICABLE LAW. The Pennsylvania Consumer Discount Company Act (CDCA), Title 7, Purdon's Pennsylvania Statutes, governs this loan. NOTICE: THE FOLLOWING PAGE CONTAINS. ADDITIONAL CONTRACT TERMS. 03-01-00 NRE PA875012 imlimimlimiliimiuillmillilliginimimilimil* *U03490C68L95CEA9000PAB750120XKUNGER x ORIGINAL w LOAN REPAYMENT AND SECURITY AGREEMENT (Page 3 of 3) YOU HAVE RECEIVED A COMPLETE COPY OF THIS AGREEMENT AND THE TRUTH-IN-LENDING DISCLOSURES. B (SEAL) 03-01-00 NRE WIT S: (SEAL) (SEAL) PAB75013 IIIIU?IIf?I??11?I???I?W?gI?IINl1lI???????Ilililll?l??l?l?lll?{I? NU03490C66L95CEA9000PAB750130K*UNCER ORIGINAL VERIFICATION Patricia Garcia, Recover Specialist for Beneficial C onsumer Discount Company Deposes and says subject to the penalties of 18 Pa C.S. Section 4904 relating to uns?k-? !- falsification to authorities, that the facts set forth in the forgoing Complaint are true ;irO correct to the best of her knowledge, information and belief. i u?uy?1G?` Patricia Garcia November 29, 2004 Date 49. n c-? v 1 a ?7 uv) -C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, V5. THOMAS E. UNGER, Defendant. CIVIL DIVISION No. 04-6056 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the complaint in the above-captioned action, at 04-6056 CIVIL TERM and mark the docket accordingly. t^ BY C CA AHYANN CHROMULAK, ESQ MELISSA A. SHENKEL, ESQ. CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4`h Floor Canonsburg, PA 15317 (724) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ? o C? ?? -rt r K? ' 4 , < ? '` ' ?__ ?r --? ??-', i M i_ ' i } L [r7 '43 ?. , {°+? SHERIFF'S RETURN - REGULAR CASE NO: 2004-06056 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS UNGER THOMAS E RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon UNGER THOMAS E the DEFENDANT , at 1705:00 HOURS, on the 31st day of January , 2005 at 1341 ENGLISH DRIVE MECHANICSBURG, PA 17050 by handing to CONNIE UNGER, WIFE 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 18.00 Service 8.14 Affidavit .00 Surcharge 10.00 nn J V 1 ? Sworn and Subscribed to before me this day of 1^ I w?+-? c??°D A.D. So Answers: R. Thomas Kline 02/01/2005 CHROMULAK & ASSOCIATES By: Deputy Sheriff r6thonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-06056 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS UNGER THOMAS E 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 UNGER THOMAS E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , , NOT FOUND , as to the within named DEFENDANT , UNGER THOMAS E 706 CARRIAGE LANE MECHANICSBURG, PA 17050 SERVICE WAS ATTEMPTED AT BOTH 706 CARRIAGE LANE AND 1341 ENGLISH DRIVE MECHANICSBURG. UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: So answers: Docketing 18.00 Service 16.28 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 49.28 CHROMULAK & ASSOCIATES 01/03/2005 Sworn and subscribed to before me this d day of 2UvsJ A. D. Pro h notary ' THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, vs. THOMAS E. UNGER, Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 1341 ENGLISH DRIVE MECHANICSBURG, PA 17050 Dated: MARCH 11, 2005 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL DIVISION No. 04-6056-CIVIL TYPE OF PLEADING: Praecipe for Default Judgment TYPE OF CASE: Civil Action FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQUIRE PA ID NO. 42067 MELISSA A. SHENKEL, ESQUIRE PA ID NO. 91445 ALAN G. STAHL, ESQUIRE PAID NO. 85437 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 TO: PROTHONOTARY Please enter judgment by default against the within-named defendant, THOMAS E. UNGER, for failure to file an Answer as follows: Amount Claimed in Complaint: $11,381.12 Interest from 10/20/04 through 3/11/05: 217.30 Costs of Collection through 3/11/05: 554.92 TOTAL $12,153.34 With interest accruing on the total balance of $12.153.34 at the rate of 6% per annum, together with additional costs of suit. BY//t-'l CATHY ANN OfIRDMULAK, ESQUIRE MELISSA A. SHENKEL, ESQUIRE ALAN G. STAHL, ESQUIRE Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATION OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said County and State, personally appeared MELISSA A. SHENKEL, ESQUIRE, attorney for and authorized representative o f p laintiff w he, b eing d my s worn a ccording t o t aw, d eposes and s ays that the defendant is not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed to defendant on FEBRUARY 28, 2005 by certificate of mailing in accordance with Pa.R.C.P. 237.1, as evidenced by the attached c /-? n CCATTHY?ANN C OMULAK, ESQUIRE MELISSA A. SHENKEL, ESQUIRE ALAN G. STAHL, ESQUIRE Sworn to and subscrib d bbyerbreeme This _/Q_ day of -7XA g , 2005. _/ f a ? THIS IS AN ATTEMPT TO Notary u NolerWSeal COLLECT A DEBT AND ANY Ndide L WobK Notary Pd* INFORMATION OBTAINED WILL O8dTMW, WaW&QbnCmft BE USED FOR THAT PURPOSE. 14031WASYcn EXAM Aty7.208 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Plaintiff, Vs. CIVIL DIVISION No. 04-6056 THOMAS E. UNGER Defendant(s) TO: THOMAS E. UNGER 1341 ENGLISH DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: FEBRUARY 28, 2005 IMPORTANT NOTICE 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. By: CATHY ANN CHROMULAK, ESQ. MELISSA A. SHENKEL, ESQ. Attorneys for Plaintiff 375 Southpointe Boulevard 4`t' Floor Canonsburg, PA 15317 N ? A ? m 'r -+ o rn N o O ? C w ?m ? t 4 m " ? C g '' N c v n 9. VL 0 o' o YC oN?,m ?j'Ag ' Q's 9 ? a ? m n K t W 3 ? c ? rB ? N m ? WA..w 3 n?33??8 Nffl? a R $ m b6p atm ?y fi. S N O AW r m ? Cn z {M?? a v frn o m v, C] m v ? n ?' n m ? n w m m 3 9m`?sm 'w o'pmi 0 qq m ??f0 m. N? 6m• m o mR 0 0 s ?fl m ? ? u p9 w? ? p6 3 m !? F ? O 6 c1. % n.1 u ?mk °c^ ; s L THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, No. 04-6056-CIVIL Plaintiff, VS. THOMAS E. UNGER, Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: THOMAS E. UNGER 1341 ENGLISH DRIVE MECHANICSBURG, PA 17050 (X) Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on /Yj?n l . t yT /a'?,S () A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $12,153.34 ulus interest at the rate of 6% per annum and additional costs of suit. Deputy THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. n -? ???. ? ???? ? _?--- ? ?' ? f? _ . , t ? - -, ?. ?.T ,_ SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-06056 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS UNGER THOMAS E And now KENNETH GOSSERT Sheriff or Deputy Sheri f of Cumberland County of Pennsylvania, who being duly sworn accord ng to law, at 0010:10 Hours, on the 8th day of April 2005, ttached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT UNGER THOMAS E n the hands, possession, or control of the within named Garnishee MEMBERS 1ST FEDERAL CREDIT 1166 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to LOUANNE KYLE (ASST. MANAGER) , personally three copies of interogatories together with 3 trul and attested copies of the within WRIT OF EXECUTION and m the contents there of known to Her . Sheriff's Costs: So Docketing .00 q ? •?? ? Service .00 ' Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 04/13/2005 Sworn and subscribed to before me By this > day of L?vD ti`A.D. Prothonot ry IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL CIVIL DIVISION HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, No. 04-6056-CIVIL Plaintiff, VS. TYPE OF PLEADING: PRAECIPE FOR A WRIT OF EXECUTION THOMAS E. UNGER, Defendant, and MEMBERS FIRST FEDERAL CREDIT UNION, FILED ON BEHALF OF: HOUSEHOLD FINANCE DISCOUNT COMPANY Garnishee. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 1341 ENGLISH DRIVE MECHANICSBURG, PA 17050 Garnishee's Address: 1166 WALNUT BOTTOM ROAD CARLISLE, PA P7013 Date: March 31, 2005 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COUNSEL OF RECORD: CATHY ANN CHROMULAK, PA ID NO. 42067 MELISSA A. SHENKEL, ESQ. PA ID NO. 91445 CHROMULAK & ASSOCIATES, 375 Southpointe Boulevard 4`' Floor Canonsburg, PA 15317 (724) 916-2400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, vs. THOMAS E. UNGER, and Plaintiff, Defendant, CIVIL DIVISION No. 04-6056-CIVIL MEMBERS FIRST FEDERAL CREDIT UNION, Garnishee. TO: The Prothonotary PRAECIPE FOR WRIT OF EXECUTION Please issue a Writ of Execution in the above matter, I . directed to the Sheriff of CUMBERLAND County; 2. againsi THOMAS E. UNGER, defendant, and 3. against MEMBERS FIRST FEDERAL CREDIT UNION, garnishee, 4. and index this writ a. against THOMAS E. UNGER, defendant, and b, against MEMBERS FIRST FEDERAL CREDIT UNION, garnishee, and any property of the defendant in the name of Garnishee: joint, personal and business. Amount of Judgment Additional Interest to Date (Costs to be added) Pursuant to Writ of Execution And Service of Writ THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. $12,153.24 $ 34.51 $12,187.75 MELISSA A. SHENKEL, ESQ. c? vw O C G, C G o C ? i d n u >;, r' ?_ - , „em r 1 . cn CD WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6056 Civil CIVIL ACTION- LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOU COMPANY, Plaintiff (s) From THOMAS E. UNGER, 1341 ENGLISH DRIVE, MECHANICSBURG, PA 17050 (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 MEMBERS FIRST FEDERAL CREDIT UNION, 1166 WALNUT BOTTOM ROAD, CARLISLE, PA 17013 - GARNISHEE - ANY PROPERTY OF THE DEFENDANT IN THE NE OF THE GARNISHEE GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defend; (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 garnishee and is enjoined as above stated. Amount Due $12,153.24 L.L. $.50 Interest ADDITIONAL INTEREST TO DATE - $34.51 Atty's Comm % Due Prothy $1.00 Atty Paid $167.42 Other Costs $.50 DUE GARNISHEE Plaintiff Paid Date: APRIL 6, 2005 (Seal) CURTIS R. LONG Deputy REQUESTING PARTY: Name MELISSA A. SHENKEL, ESQUIRE Address: CHROMULAK & ASSOCIATES, L.L.C 375 SOUTHPOINTE BOULEVARD 4TH FLOOR CANONSBURG, PA 15317 Attorney for: PLAINTIFF Telephone: 724-916-2400 Supreme Court ID No. 91445 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HOUSEHOLD FINANCE CONSUMER DISCOUNT No. 04-6056-CIVIL COMPANY, Plaintiff, V5. TYPE OF PLEADING: THOMAS E. UNGER, Praecipe to Discontinue Against Garnishee ONLY TYPE OF CASE: Defendant, and Civil Action MEMBERS FIRST FEDERAL FILED ON BEHALF OF: CREDIT UNION, Garnishee. HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Plaintiff s Address: COUNSEL OF RECORD: 2700 Sanders Road Prospect Heights, IL 60070 CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MELISSA A. SHENKEL, ESQ. PA ID NO. 91445 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4eh Floor Canonsburg, PA 15317 (724) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, VS. THOMAS E. UNGER and Plaintiff, Defendant, MEMBERS FIRST FEDERAL CREDIT UNION, Garnishee. CIVIL DIVISION No. 04-6056-CIVIL PRAECIPE TO DISCONTINUE AGAINST GARNISHEE ONLY TO PROTHONOTARY: Please discontinue this action against the above garnishee, MEMBERS FIRST FEDERAL CREDIT UNION and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By`?/A? CATHY NN CHROMULAK, ESQUIRE MELISSA A. SHENKEL. ESQUIRE Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 Sworn to and subscribed Before me this 442 day of 2005. Notary N eWle L. Wobra, Notary poW Cad' TWt). WasNroon County 'IN Commission Expires July 7, 2008 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. f. ' . CERTIFICATE OF SERVICE I, Melissa A. Shenkel, Esquire, counsel for HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, hereby certify that a true and correct copy of the foregoing Praecipe to Discontinue Against Garnishee Only was served upon the following by First Class Mail, postage prepaid on this 26 day of MAY, 2005. MEMBERS FIRST FEDERAL CREDIT UNION CHARLES J. MCBREEN 5000 LOUISE DRIVE P.O. BOX 40 MECHANICSBURG, PA 17055 THOMAS E. UNGER 1341 ENGLISH DRIVE MECHANICSBURG, PA 17050 elissa A. Shenkel, Esq. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. -LQ. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, VS. THOMAS E. UNGER, CIVIL DIVISION No. 04-6056-CIVIL TYPE OF PLEADING: Praecipe to I?emove Judicial Lien From Judgment Index Defendant, Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 TYPE OF CASE: Civil Action FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL. OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MELISSA A. SHENKEL, ESQ. PA ID NO. 91445 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-1400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, No. 04-6056-CIVIL Plaintiff, VS. THOMAS E. UNGER, Defendant. PRAECIPE TO REMOVE JUDICIAL LIEN FROM JUDGMENT INDEX TO PROTHONOTARY: Pursuant to the Order issued in the United States Bankruptcy Court for the Middle District of Pennsylvania, attached hereto as Exhibit "A", please remove the judicial lien, entered on March 14, 2005, from the judgment index and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By: ZM ! CATHY ANN CHROMULAK, ESQUIRE MELISSA A. SHENKEL. ESQUIRE Attorneys for Plaintiff 375 Southpointe Boulevard 4`h Floor Canonsburg, PA 15317 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: THOMAS E. UNGER, Case No. 1-05-03088 DEBTOR Chapter 7 Voluntary Petition THOMAS E. UNGER, Movant V. HOUSEHOLD FINANCE CONSUMER CONSUMER DISCOUNT COMPANY, Respondent r T r .':?? ?? PF JUL 1` 8 2006': Per ORDER IT IS ORDERED, that Movant's MOTION TO AVOID JUDICIAL LIEN OF HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY PURSUANT TO 11 U.S.C. § 522(f) is Granted, and the judicial lien held by Respondent against Debtor in the above-captioned matter docketed at Docket Number 04-6056 in the Court of Corunon Pleas, Cumberland County, Pennsylvania, is avoided. A copy of this order shall be filed with the appropriate public official as notice that the lien has been avoided, and the appropriate public official is to see that the record so reflects. CERTIFICATE OF SERVICE I, Melissa A. Shenkel, Esquire, counsel for HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, hereby certify that a true and correct copy of the foregoing Praecipe to Remove Judicial Lien from Judgment Index was served upon the following by First Class Mail, postage prepaid on this 2_Z"t day of , 2005: MARLIN L. MARKLEY, ESQUIRE 2108 MARKET STREET CAMP HILL, PA 17011 'Slelissa A. Shenkel, Esq. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. { f t?^ t) IPi PJ ?_ Lil "i (11 ?i Co AC Household Finance Consumer Vs Thomas E. Unger Writ of Execution Docket No. 2004-6056 Civil Term P - + n,? R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. No action has been taken in the last six months. Sheriff's Costs Docketing $18.00 Surcharge $30.00 Levy $20.00 Mileage $ 3.70 Poundage $ 1.64 Prothonotary $ 1.50 Garnishee $ 9.00 Total $83.84 So Answers: R. Thomas Kline, Sheriff n BY ILI C' Serge At Sb c ?36V7 ,?33?-)r