HomeMy WebLinkAbout05-5039
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
LHR, INC., assignee ofCITIFINANCIAL
NO. ()S' -SCJ3? Civ~L~8twl
IN CIVIL ACTION
Plaintiff( s)
-vs-
JASON M BOLAN
Defendant( s)
COMPLAINT
CODE-
FILED ON BEHALF OF
PLAINTIFF
COUNSEL OF RECORD
FOR THIS PARTY:
James R. Apple, Esq.
P A I.D. No. 37942
Charles F. Bennett, Esq.
PA I.D. No. 30541
Joel E. Hausman, Esq.
PA I.D. No. 42096
APPLE AND APPLE, P.c.
Firm No. 719
4650 Baum Boulevard
Pittsburgh, PA 15213
Telephone: 412-682-1466
Fax: 412-682-3138
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
LHR, INC., assignee of CITIFINANCIAL
NO. OS- - 5039 C;u~L~~
IN CIVIL ACTION
Plaintiff(s)
-vs-
JASON M BOLAN
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, 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
2 Liberty Avenue
Carlisle, PA 17013
1800-990-9108
2
COMPLAINT
1. Plaintiff is a corporation having offices at 56 Main St., Hamburg, P A 14075,
and as the assignee of Citifinancial, stands in its assignor's stead, and all are
hereinafter referred to interchangeably as "Plaintiff'.
2. At a specific instance the Assignor sold, assigned and transferred to Plaintiff all of
Assignor's right, title and interest in, and to the agreement between Assignor and
Defendant. Assignor had the right to assign the agreement. A copy of the
assignment is attached hereto as Exhibit "A".
3. All conditions precedent to Assignor's right to be paid under the terms of the
contract have occurred.
4. Defendant is an individual whose address is 111 S Prince St, Shippensburg,
Cumberland County, Pennsylvania 17257.
5. At a specific instance and request of the Defendant, the Defendant applied for and
was granted a credit card by Plaintiff at the terms and conditions agreed upon by
the parties.
6. The Plaintiff avers that the agreement between the parties was based upon a
written agreement which the Defendant accepted by using loan to make purchases
and/or cash advances.
7. Thereafter, in breach of obligations under the Agreement, the Defendant failed to
make payments as they became due.
8. Plaintiff avers that the terms of the Agreement provide for acceleration of the
entire balance due and owing upon Defendant's breach of the Agreement.
9. Plaintiff avers that the balance due amounts to $7,650.61, as is more specifically
shown by Plaintiffs Statement of Account, a true and correct copy of which is
attached hereto, marked Exhibit "B" and made a part hereof.
1 O. Plaintiff avers that the interest has accrued at the rate of 6.00% per annum on the
balance due from May 24, 2005.
11. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed
and refused to pay the amount due to Plaintiff or any part thereof.
WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of
$7,650.61, with appropriate additional interest from May 24,2005, and costs.
APPLE AND APPLE, P.e.
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LOAN SALE AGREEMENT
THIS AGREEMENT, made this 18th day of March 2004. by and between Citifinancial .
Corporation, located at 11436 Cronhill Drive Owings Mills. Maryland. a Maryland
corporatio~ on behalf of itself and all of its affiliates (hereinafter referred to as "Seller"),
and s,,~ CQpital .located at 1601 West Airwrt Freewav. Euless. TIC 16049. (hereinafter
referred to as "Buyer'l
1.
In consideration of which considerotion is to be made by wire
transfer. the Seller...hereby sells. assigns. transfers and conveys to Buyer
without recourse, warranty. either expressed or implied, or liability except
as herein expressly set forth, all those installment sale contracts, credit
agreements, invoices. indebtedness. loans. or other obligations and any
instruments securing same (hereinafter referred to as "Receivables"), except
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all records in Citifinancia)'s possession relating to said Receivables.
2.
Wirh respect to the above Receivables, the Seller warrants the following to
be true in material respects:
a. It has complied, to the best of its knowledge and belief.. with
applicable federal. state and local laws, and regulations relating to
the making and collection of the Receivables up to the date of the
relevant sale.
b.
It owns good and marketable title to all of the Receivables, nee and
clear of all liens and pledges.
c. It has full power and authority to sell. assign. transfer and convey the
Receivables to the Buyer. and all other necessary proceedings on the
part of the Seller have been duly taken to authorize the sale.
d.
All of the Receivables, to the best of its knowledge and belief. were
made for valuable considerations and are now legally enforceable
obligations of the respective persons shown as indebted thereon,
except as may be limited by bankruptcy, insolvency, moratorium,
receivership, conservatorship, reorganization or similar laws
affecting the rights of creditors generally or equitable principles
limiting the right to obtain specific perfomlance or other similar
relief. All payments shown on the records relating to the
Receivables were made on the date indicated on said records.
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The persons shown as indebted on the Receivables have not initiated
any lawsuits against Seller t and to the best of Sellets knowledge and
belief. such persons have no legally enforceable rights to set-off.
counterclaim, cancellation. or legally enforceable claim that the
Receiva.bles suffer from Jack of considcrntio~ forgery or alteration
of such person's signature, except as may be disclosed or contained
in the relevant tile or documents,
f.
The amounts shown on the hard copy and diskette to be owing and
unpaid on the respective Receivables represent the true and COITCCt
net outstanding balances (principal balances only) thereon at the
dates shown on diskette. Upon written notice to seller by buyer.
seller agrees to repurchase for the same percentage of the net
outstanding balance: that Buyer paid for such Receivables, all
accounts that have, as of the Closing Date. previoUSly settled, arc
under bankrllptcy protection on the date of the sale, are deceased, or
ha.ve disputed the account in writing prior to the sale date_
Fraudulent accounts must be evidenced by a notarized affidavit to
qualify for repurchase. Accounts must be submitted to Seller within
120 ~aVl of the Closing Date herein, Seller will repurchase accounts
submitted within 45 days of receipt of the request.
g. The infonnation concerning the Rcc:eivable:s and the security
therefore and the person shown as indebted thereon which bas been
furnished by the Seller to the Buyer is correct to the best of Seller's
knowledge.
h.
There are no judgments, to the best of Seller'! knowledge and
beliefs, against the SeUer that could become a lien against the
Receivables.
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SeJler agrees that if any of its warranties herein are breached or if any claim
or defense exists against Buyer arising out of a breach of any warranty
herein. Seller will repurchase such Receivables on demand for the same
percentage of the net outstanding balance that Buyer paid for such
Receivables.
Buyer shall not assume or incur liability for any debt. other obliaation of
Seller. other than as herein provided.
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Buyer may advise debtors who are obligated on the Receivables that it has
purchased such Receivables and Bllyer shall take that aU payments there on
shall be made to the Buyer and all legal and other action respecting the
Receivables in its own name and not the name of Seller.
Seller hereby constitutes and appoints Buyer the true and lawful special
attomey~in~fact of Seller in the name and stead of Seller, on behalf of and
for the benefit of Buyer, to endorse the name oftbe Seller without recourse
upon all checks, drafts, notes, powers aDd other fonDS of exchange received
as payment on any of the affected Receivables, for Q period not to exceed
six months following execution of this agreement.
Scller further agrees that any payments received by the Seller on said
Receivables from and after the close ofbusincss on ~
.... shall be turned over IUld delivered to Buyer at the time of the
consummation of this Agreement. If the Seller receives such payments after
this Agreement is consummated, Seller shall as soon as practical turn them
over to Buyer in the form received.
The purchase and sale contemplated by this Agreement may be subject to
the approval of certain regulatory authorities, and if so the parties agree to
obtain such approval prior to the date of closing; otherwise, this Agreement
shall be void at the other party's sole option,
10. This agreement shall be governed by and its provisions construed under the
laws of the state of Maryland, and Federal laws where applicable.
11.
Buyer represents and warrants to Seller that:
a. It is qualified to transact business and duly licensed in aU
jurisdictions where necessary to purchase, bold, collect or enforce
the Receivables or any amounts due thereon.
b. That it has full power and authority to purchase the Receivables
from Seller and that all necessary proceedings on its part have been
duly taken to authorize this purchase.
c. It will comply with all applicable laws, rules) regulations. ordinances
and judgments relating to or in any way affecting the purchase of the
Receivables by Buyer) the ownership thereofby Buyer or the
collection or enforcement thereof by Buyel'.
d. Except as provided in paragraph 5 hereof, the relationship of the
parties is that of seller and buyer and Buyer shall have no authority
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or capacity otherwise to bind or commit Seller to any act. obligation
or liability,
e. Buyer will indemnify.and hold Seller barmless from any'aod all
claims, demands, actions, causes of actions, suits,! costs, fees and
expenses arising from or in any Way connected with Bu)b:'s attcmpt(s)
to collect on any Receivable or concerning the failure of'Buyer to keep
or comply with any term. condition, representation. warranty or
agreement contained herein or the incorrectness or falsity of any
representation or warranty, which is or becomes WltruC in any material
respect.
f. SeUer will indemnify and hold Buyer harmless from any and all
claims, demands, actions, causes of actions, suits, cost~ fees and
expenses arising from or in any way connected with Seller's attempt(s)
to <.:ollect on any Receivable or concerning the failure of ScHer to keep
or comply with any term, condition. representation, wammty or
agreement contained herein or the incorrectness or falsity of any
representation or warranty, which is or becomes untrue in any material
respect.
ANY ADDENDUM OR EXHIBITS ATTACHED HBRB TO BECOME A
PART OF AND ARE INCORPORATED INTO THIS
AGREEMENT.
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Exhibit A
Sold Portfolio Description
Buyer bas agreed to tuud the before mentioned price of for tbe
AI,oa.tes Consumer PortfoUo.
CitiFinancial will provide in this portfolio of ~':':': . accounts that total' in
Dustanding. The purchase price has been agreed at L~ on each dollar.
eller
Melissa A. Bauerlein
Supervisor
CitiFinancja1~ Investment Recovery
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s&.P Capital Initials
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S & P CAPITAL INVESTMENTS, INC.
SALE AGREEMENT
TH~: AGREEMENT, with the effective date of March 18,2004, is made and entered into by and between S & P Capital
Ime.!tments Inc., (hereinafter called "S &. P"), a Texas Corporation, located at 1601 W. Airport Freeway, Euless, TX
76(14) and LHR. Inc. (hereinafter called "LHR''), a New York corporation, located at 56 Main Street, Hamburg, New York
14( 7 S. S &. P has purchased a portfolio of charged-off consumer loan accounts from CitifinanciaJ Corporation (hereinafter
call:41 "Citifmaneial"), and LHR. Inc., bas purchased a portion of these accounts from S &. P under the following terms;
L On March 18, 2004, S & P purchased a portfolio of charged-oft' consumer loan accounts from Citifinancial. This
p~, and the interaction between S &. P and CirifinanciaJ is governed by the "Purchase and Sale Agreement" by
and between Citifmancial and S &. P dated March 18, 2004 (hereinafter called the "Citifinanciall S &. P Agreement")
1 version of which is attached hereto as Exhibit A.
2. )n March 18, 2004, S &. P sold a portion of the portfolio of charged-off consumer loan accounts that it had
lW'chased from Citifinancial to LHR Inc. The accounts sold by S & P to LHR Inc. are as described in Schedule I,
; LttaChed hereto as Exhibit B. A Bill of Sale regarding these accounts is attached hereto as Exhibit C.
3. ~; &. P provides no representation or warranty ofcollectability, or any other warranty regarding the accounts.
4. I.HR Inc agrees that its purchase of Citifinancial charged..off consumer 10m accounts from S &. P is governed by the
,ame conditions set forth in the "CitifinanciaJ IS&. P Agreement" attached hereto as Exhibit A and incorporllted
. .erein by reference. This includes, but is not limited to, the availability and access to documents supporting the
,arious accounts as outlined in Paragraph 5.5 of tile" Citifinancial IS&. P agreement"
5. . 'his agreement, including the Exhibits hereto, eontain all ofthc terms, conditions and representations and warranties
I greed upon by the parties relating to the subject matter of sale of accounts which occurred on March 18, 2004. and
S lpcrsede all prior agreements, negotiations, comspondence, undertakings and communications of the parties, oral or
,ritten, respecting this subject matter. This Agreement shall not be amended or modified except by a writing duly
e <ecuted by 5 &. P and LHR.
6. 1'- othing in this Agreement shall confer any rights upon any person who is not a party to this Agreement.
7. T!tis Agreement may be signed in any number of counterparts with the same effect as if the signatures to each
Cllunterpart were upon a single instrument, and all such counterparts together shall be deemed an original of this
A veement
8. T lis Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard
fo . the principles of conflict of laws. In the event of any action arising out of this Agreement, the prevailing party
sb ill be entitled to recover its reasonable costs, expenses and attorney's fees incurred in connection with the dispute
fr, m the other party.
9. NIl thing in this Agreement is intended by either party to create, offer, buy, sell, or solicit the sale ofa security.
s c ~ P Capital Investments IDe:.
By'~~~~~
Nell F atel- Presldellt
LHR, Inc.
a New York CorporatioD
By:
SCHEDULE 1
11. e Citifinancial consumer Joan accounts sold by S & P to LHR, Inc. on March 18, 2004, includes
accounts representing an total amount of outstanding debt of at the time
Ci\ ii inancial charged the debts off its books. These accounts were transferred from S & P to LHR as
ent ri es on a spreadsheet.
BILL OF SALE
On J v1arch 18, 2004, S & P, for valuable consideration, transferred to LHR Inc., its successors and
assigns, all right title and interest to a group of consumer loan accounts originally initiated by
Ciiliinancial, and previously charged off the books of Citifmancial, without representation or warnnty
of C(lllectability or otherwise, except as stated in a Sale Agreement effecting the transfer. These
aceD unts represent a total amount of outstanding debt of $ at the time Citifinancial
char~ed the debts offits books. These accounts were transferred from S & P, to LHR Inc. as entrie:: on
a SpI eadsheet.
Effe. ~ve: March 18, 2004
S & P Capital Investments Inc.
A TExaS Corporation
BY:_~&
l' . Patel- i' President
LHR, INC
56 MAIN STREET
HAMBURG, NY 14075
888-275-8116
DEBTORS NAME: JASON M. BOLAN
DEBTORS ADDRESS: 111 S. PRINCE ST, APT 5C
OTY & STATE: SHIPPENSBURG, PA 17257
STATEMENT OF ACCOUNT
ACCOUNT NUMBER: 536360
ORIGINAL CREDITOR: OllANANOAL
ORIGINAL ACCOUNT NUMBER: 09080356011
CURRENT STATEMENT DATE: MAY 23, 2005
PLACEMENT BALANCE: $6,199.18
PRINOPAL: $6,199.18
DATE OF LAST PAYMENT: MAY 31, 2002
INTEREST: $1,451.43
TOTAL AMOUNT OF PAYMENTS MADE TO LHR: $0.00
TOTAL AMOUNT DUE: $7,650.61
THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
SCRIBED AND SWORN TO before me, a Notary Public, in and for Erie County and State of
New York, this ~ day of May, 2005.
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My Commission Expires: ~
JENNIFER A. HURLEY
Notary Public, State of New York
No. 02HU6091 064
Qualified in Erie County
Commission Expires April 21, 2007
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYL VANIA
LHR, INC., assignee ofCITIFINANCIAL
NO. 2005-5039
IN CIVIL ACTION
Plaintiff(s)
-vs-
JASON M BOLAN
Defendant(s)
PRAECIPE TO REINSTATE
COMPLAINT
CODE-
FILED ON BEHALF OF
PLAINTIFF
COUNSEL OF RECORD
FOR THIS PARTY:
James R. Apple, Esq.
PA LD. No. 37942
Charles F. Bennett, Esq.
PA LD. No. 3054l
Joel E. Hausman, Esq.
PA LD. No. 42096
APPLE AND APPLE, P.C.
Firm No. 719
4650 Baum Boulevard
Pittsburgh, PA l5213-1237
Telephone: 4l2-682-l466
Fax:4l2-682-3l38
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYL VANIA
LHR, INC., assignee ofCITIFINANCIAL
NO. 2005-5039
IN CIVIL ACTION
Plain tiff( s)
-vs-
JASON M BOLAN
Defendant(s)
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY
SIR:
Kindly reinstate the Complaint in the above-captioned matter.
APPLE AND APPLE, P.C.
Dated:
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torney laintiff(s)
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SHERIFF'S RETURN - REGULAR
CASE NO; 2005-05039 P
COMMONWEALTH OF PENNSYLVANIA;
COUNTY OF CUMBERLAND
LHR INC
VS
BOLAN JASON M
WILLIAM CLINE
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
BOLAN JASON M the
DEFENDANT , at 1856:00 HOURS, on the 30th day of November, 2005
at 115 E ORANGE STREET
SHIPPENSBURG, PA 17257
by handin9 to
JASON M BOLAN
a true and attested copy of COMPLAINT & NOTICE
t0gether with
and at the same time directin9 His attention to the contents thereof.
Sheriff's Costs:
Docketin9
Service
Affidavit
Surcharge
So Answers;
18.00
19.20
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10.00
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47.20
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R. Thomas Kline
12/01/2005
APPLE AND APPLE
Sworn and Subscribed to before
me this '1:-
By;
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, Deputy Sheriff
day of
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A.D.
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYL VANIA
LHR, INC., assignee ofCITIFINANCIAL
NO. 2005-5039
IN CIVIL ACTION
Plaintiff(s)
-vs-
JASON M BOLAN
Defendant( s)
PRAECIPE FOR DEFAULT
JUDGMENT
CODE-
FILED ON BEHALF OF
PLAINTFF
COUNSEL OF RECORD
FOR THIS PARTY;
James R. Apple, Esq
PA I.D. No 37942
Charles F. Bennett, Esq.
PA I.D. No 3054l
Joel E. Hausman, Esq.
PA I.D. No 42096
Apple and Apple, P.C.
Firm No. 719
4650 Baum Boulevard
Pittsburgh, PA l5213-1237
Telephone (4l2) 682-l466
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
LHR, INC., assignee ofCITIFINANCIAL
NO. 2005-5039
IN CIVIL ACTION
Plaintiff(s)
-vs-
JASON M BOLAN
Defendant(s)
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the above- named Defendant(s) in Default of an Answer, in
the amount of$7,959.98, computed as follows:
Amount named in Complaint
$7,650.61
Interest from May 24, 2005
to January 25, 2006 on $7,650.61
$309.37
Less payment of:
-$
$
Attorney fees
TOTAL
$7,959.98
I certify that Notice of the intention to enter this Judgment was given pursuant to Pa. R.C.P.
237.1. A copy of said Notice is attached, and was mailed on January 20,2006 by regular mail,
postage prepaid and, addressed as follows:
Defendant:
Jason Bolan
I 15 E. Orange St.
Shippensburg P A 17257
APPLE AND APPLE, P.c.
Dated:
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By:
. .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYL VANIA
LHR, INC., assignee of CITIFINANCIAL
NO. 2005-5039
IN CIVIL ACTION
Plaintiff(s)
-vs-
JASON M BOLAN
Defendant(s)
Jason M Bolan
115 E. Orange St.
Shippenshurg, P A 17257
Date of Notice: Januarv 20.2006
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
MAYBE 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, P A 17013
1800-990-9108
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By: (.
James R. Apple, Esq.
Attorneys for Plaintiff(s)
4650 Baum Boulevard
Pittsburgh, PA 15213-1237
Telephone (412) 682-1466
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
LHR, INC., assignee ofCITIFINANCIAL
NO. 2005-5039
IN CIVIL ACTION
Plaintiff(s)
-vs-
JASON M BOLAN
Defendant(s)
NOTICE OF JUDGMENT OR ORDER
TO: () Plaintiff (X) Defendant () Garnishee
You are hereby notified that the following Order or Judgment was entered against
you on }:-pJ) ~ ;).tVJb .
I
(X) Assumpsit Judgment in the amount of$7,959.98, plus costs.
( ) Trespass Judgment in the amount of $
( ) Ifnot satisfied within sixty (60) days, your motor vehicle operator's license and/or
( ) Registration will be suspended by the Dept. of Transportation, Bureau of Traffic
Safety, Harrisburg, PA.
(X) Entry of Judgment
( ) Court Order
( ) Non-Pros
( ) Confession
(X) Default
( ) Verdict
( ) Arbitration Award
( ) Other
Jason M Bolan
115 E. Orange St.
Shippensburg, P A l7257
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OTHoi(~
By:
Prothonotary (or Deputy)