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HomeMy WebLinkAbout05-5130 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRST MUT'UAL FINANCIAL, VS. No. 05; - S128 (!l'u~l '-r-~ COMPLAINT IN CIVIL ACTION Plaintiff DEBRA A NELSON and GENE NELSON, Detendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire P ALD. #47437 WELTMAN, WEINBERG & REIS CO" L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 WWR#04508431 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION FIRST MUTUAL FINANCIAL Plaintiff VS. Civil Action No. ()J-,~"f130 ~~ -r;~.-. DEBRA A NELSON and GENE NELSON. 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 LA WYER AT ONCE, IF YOU DO NOT HAVE A LA WYI:R 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 COMPLAINT 1. PlaintitT is a corporation having offices in 1100 Mentor Avenue, Painsville, Ohio 44077.. 2. Defendants are adult individuals residing at 75 Mare Road, Mt. Holly Springs,PA ] 7065 . 3, On or about February 21, 2004, Defendants duly executed a Retail Installment Contract (hereinafter the "Contract") in favor of KLD InternationaL Inc., a true and COlTect copy of said Contract is attached hereto, marked as Exhibit ''1'' and made a part hereof 4. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned from KLD International, Inc. to Plaintiff, 5, PlaintifT avers that Defendants are in default of the Contract by having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that a balance of $2,731.4 7 is due from Defendants as of August 29, 2005. 7. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of] 7,75% per annum. 8. Plaintiff avers that the Contract between the parties provides that Defendants will pay Plaintiff s reasonable attorneys' fees. 9, Plaintiff avers that such attorneys' fees amount to $500.00. 10. 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, Debra A. Nelson and Gene Nelson, jointly and severally, in the amount of $2,731.47 with continuing interest thereon at the Contract rate of 17.75% per annum from August 30, 2005, plus attorneys' fees of$500.00 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Molczan, E uire P A I.D, #47437 WEL TMAN, WEINBERG & REfS CO., L.P.A. 27 I 8 Koppers Building 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 WWR#:04508431 RETAIL INSTALMENT CONTRACT '".:.-/~. : DISCLOSURES MADE IN COMPLIANCE WITH FEOERAL LAW CREDITOR (Called Seller ons~~ AND ADORE,SS: Date of Contract Name 01 Corp IK.L/).. .... - - .. .- jO/l4tJ-~ BUYER(S), (Called You, YOU~d Yours)_ :::~s~C$6~me~~~~;,t1~~~_~o~~ ' &N'E C ~~.tsuL- Buyer 5 Name_~_..:.___ _~_ Buyer's Address rs- _1lJ./2AE~_~ City L /9/Li::.1951t:K, State ... . Zip L26tJI CitV(];aCUS(e", _.. Slalem. Zin/~t?1 ? Annual Percentage Rate Finance Charge Amount Financed Total at payments Total Sales Price The cost of your credit as a The dollar amounllhe credit The amount of credit provided The amount you will have The tolal cost 01 your purchase yearly rale will cost you. to you or on your behalf. paid after you have made all ~~y%~~:,~~~u~~r,~wn payments as scheduled. .. 11' 7''i"'% $ 'f{?<J I'Jf $,j)t?b"frI $ f4?tyJ. 0 Jj. $#Po.IJ~ Your payment schedule: . .'(~ Payments of $ IIA. fJl.. are due on the ~ day 0,' each month beginning , / F . / INSURANCE: Credit Life Insurance and Credit Disability Insurance are not required to obtaIn credit and will nol be provided. IllS further'undefstood and agreed to by Buyer that Seller is not required to assist Buyer in procuring Credit Life Insurance and/or Credit Disability Insurance and that is the sole responsibility and obligation of Buyer to procure any and all Insurance. SECURITY: Unsecured FILING FEES: None LATE CHARGE: If we receive a payment 10 days or more after the date it is due, we will charge you the lesser of 5% of the amount 01 the Payment or $5.00 PREPAYMENT: If you pay otf early. you may be entitled to a refund of part of the Finance Charge. See the other provisions of your Retail Instalment Contract lor additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds. ADDITIONAL TERMS ANO CONOITIONS ON REVERSE SIDE: ITEMIZATION OF AMOUNT FINANCED OF: $ . ~,1.hl-'J. {!t!. Addrllonal terms and condlllons printed on the reverse side of thIS Contract are a part of this Contract They bind you in the same way as if they were printed on the front of this Contract. REQUIRED NOTICES: The law and government regulations require us to give you certain notices which are contained on this page. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO THE BUYER: (1/ DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR F IT CONTAINS ANY BLANK SPACE. (2\ YOU ARE ENTITLED TO A COMPLETELY FILLED- IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CIRCUMSTANCES TO OBTAIN A PARTIAL REFUND OF THE SERVICE CHARGE (FINANCE CHARGE) YOU HAVE RECEIVED A COMPLETED COPY OF THIS CONTRACT WITH DISCLOSURES MADE IN COMPLIANCE WI:r:t:!..F~pERA,HI,NDrSTATE LAW. -t ~wb ..tJ~\./.}7Y1 ;).. /;;)( /c:;'f f Datt y ~tVV Y BUYt:r 1 (Buyer's Signature) 1/~cet ~ Elllyer 2 APPLICATION (A) (B) $,3'lM. cO $ ~.CIO Down Payment (All Cash) (Including all Taxes) Cash Sale Price. Including Taxes IC) $ 3~f &0 DiHerence Between Cash Sale Price and Down Payment (A. B) $(~ 306 .vo Amount Paid on your Account (Amount Financed) (C) $ 9.81; .as' Finance Charge $ j{9I)(J,OtJ Total 01 Payments . (0 + E) $ ~.~TotaISalesprice (A + E) (D) (E) (F) IG) ADDITIONAL TERMS AND CONDITIONS PARTIES: In this Retail Instalment Contract ("Contract"), the words, "you," "your" and "yours" mean the Buyer who sIgns 1his Contract. or jf more than one Buyer signs, all Buyers, bolh together and individually. The words "we," "us" and "our" mean the Seller or anyone 10 whom the Seller may transfer this Con1Tact. This Contract obligates your heirs, legal representatives. successors and assigns. Our rights under this Contract extend 10 our successors and assigns. DeSCRIPTION OF PURCHASE: You buy from us, and we sell to you. for the Total Sale Price, a three (3) year membership (with renewal option) in Seller's UCC To\alHome in accordance with, and subject 10 the terms and conditions of. our standard membership agreement. which has been signed by the SeUer and Buyer on the same day as this Contract. You elect not to pay the entire cash price for the membership at this time, but to pay over a period of lime, according 10 the terms of this Contract. AUTHORIZAT10N TO INVESTIGATE CREDIT: You authorize us 10 investigale your credit history and to make all inquiries deemed necessary to verify the accuracy 01 the statements made in the Application PROMISE TO PAY: For value received. you promise to pay the Amount Financed. plus interest al the Annual Percentage Rate. by making the Total of Payments according to your payment schedule shown on the lront side. You agree to make your payments 10 us at the address shown on the front side unless we notify you in writing to make your payments to a different party and/or a different address. You agree to tell us in wriling when you change your address. APPLICATION OF PAYMENTS: We will apply all payments to the instalments in the order they are scheduled to become due, together with late charges. if any, except that any lull instalment payment made on or within 10 days after an instalment due date will be applied to the instalment due on Ihal dale, even Ihough- earlier instalments are sllll unpaid EARLY PAYMENT: You have the righllo prepay all of the amount you still owe at any time. 11 you do, we will refund any uneamed Finance Charge using the Actuarial Method. The Actuarial Method is a commonly used formula for compuhng refunds on Contracts. We compute your refund as of Ihe next instalment due date or on the date of prepayment it you pay in lutl on an instalment due date. We need not make any Finance Charge refund of less than $1,00, LATE PAYMENTS: It we do not receive an instalment in full within ten (10) days atter the date it is due, we may charge you a Late Charge of five percenl (5%) of the unpaid amount of the inslalment or five dollars ($5.00), whichever is less. DEFAULT: We can consider you in default if you do not pay as required or an event occurs that causes the prospec! 01 paymenllo be significantly impaired. Such events include breaching one of your promises or agreements under this Contract or under Ihe membership agreement. If you default. we can. a1 our op1ion. accelerate the entire unpaid amount of lhe Total Of Payments shown on the front side. less any unearned finance charge, determined in the same way as described under "Early Payment," and decla.re the unpaid bala.nce immedialely due and payable INTEREST AFTER MATURITY: After maturity of this Contrac1 (including maturity by acceleration upon default) you will pay on any unpaid balance interes~ at the Annual Percentage Rate shown on the fronl side COST OF COLLECTION: Unless prohibited or limited by law. if you are in default under this Contract, you agree to pay the reasonable anorneys' fees of our attorneys who are not our salaried employees. court costs and o1her costs 01 colleclion. ENFORCEMENT: We can waive, or choose 1"101 to enforce. any 01 our rights without Ihe waiver affecting any 01 our other rights. A waiver of defaurt musl be in writing. A waiver of a right will not be a waiver of that right at a future time. You waive any requirements for formalities of what are known in a legal sense as "presentmen!." "notice of dishonor" and "protest." We can release any Buyer lrom this Contract or extend. modify or renew aU or part of it as to that Buyer without releasing or changing your legal liability. We can accept late or partial payments, even if they are marked "Payment in Full" or similarly. without iosing any of our rights. We can enforce any of our rights againsl you even if we have not enforced lhem (or tried 10 enforce them) against any other buyer. GOVERNING LAW: You and we both agree this transaction wiJi be governed by the law o~ the Stale 01 Pennsylvania TRANSFER OF THIS CONTRACT: We have the righllo transfer this Contract 10 anyone of our choice. II we do so, your obligations to such transferee will continue in full torce ENTIRE CONTRACT: No oral promises. representations or statements are part of this Contract, and this Contract and the membership agreement (and renewal certificate. if applicable) represent the entire agreement between you and us. /I any provision in this contract is unenforceable. the unenforceability will not affect the validity of any other provision. Captions are for reference purpose only, and are not guides 10 interpretation. SIGNERS OF CONTRACT:" more than one buyer sJgns this Contract, you are responsible, both together and individually. for your obligations under this ContracL The printing conlained in this box is not part of Buyer's Conlract \\ "- ;;:;: \t For value received, Seller (called "we". "us" or "our") hereby assign the within contract and all our right title and interest in it, lo'6et& Finance Company, Inc. and warrant all ol the tollowing: (1) thatlhis contract is the result of a bona fide sale 01 our own services: (2) that we have full and perleel title to and right to convey this contract tree 01 any encumbrance. lien, or any interest 01 third parties, o~ any nalure whatsoever: (3) that all services in connection with 'his contract will be completed according 10 the contract; (4) thai this contract accura\ely and correctly rellecfs a genuine and bona fide sale and the price and lerms thereol. and is valid and in compliance with any applicable instalmen\ sales law or other applicable state or federal law or administrative regulation; (5) that the services covered by this contract have been unconditionally accepted by the parties 10 the contract; (6) that the amount due !rom lhe obligor is not disputed: (7) that there is no undisclosed delinquency; (8} thallhe down paymenl is correctiy slated in the contract; (9} that we have received cash or its proper equivalenlfor the down payment: (10) that there is no undisclosed agreement. concessions or Illigation 01 any nalure affecting this contract; (11) that aU parties 10 this contract were competent at the time it was executed: (12) that 10 the besl of our knowledge and belief. the statements in the buyer's credit application are true; (13llhat we compleled all blanks in the contract before Ihe buyer signed it, and that we gave the buyer a copy of the confract: and (14) that all signatures on this contract are genuine. FURTHER, this assignment is made "With Recourse~ and we agree thai the within contract will be paid according to its tenor and tha~ if it is nol. we shall pay it to the Assignee or to any subsequent assignee. regardless ollhe order in whirh the assignments arc made. ,. SELLER'S ASSIGNMENT ::::".'L ~- .~~~~~:;" ,~"'~ ~ .-. ,-,,~. '='ENNSYlVANIA~3yr 12/98 @ 1998 Beta Floance Company, Inc. VERIFICA TION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is ~( /I,- A/'P1 ? M '7~-I- (NAME) C~/t,d;cA/ ~~4~~ (TITLE) of h-,...s7 ~~-?/ h ;c....A~/4"/plaintiff herein, that (COMPANY) . 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. to/7/~ ~~ (5 GNATURE) 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. WWR#04508431 ~ fti~~ ~ ~ B ::E~~ g-l 1- ,~ ~ (? "" ;-- ,------ ,......, n c? C ~ (I') \-q -(..I l';? ~'3 .~ ..- ..-.. (....::. o -0 ::~:: ~ - SHERIFF'S RETURN - REGULAR - ... CASE NO: 2005-05130 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST MUTUAL FINANCIAL VS NELSON DEBRA A ET AL 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 NELSON DEBRA A the DEFENDANT , at 1947:00 HOURS, on the 14th day of October ,2005 at 75 MARE ROAD CARLISLE, PA 17013 by handing to GENE NELSON, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.72 .00 10.00 .00 34.72 rg~~~~~ i R. Thomas Kline me this ..l{ day of 10/17/2005 WELTMAN WEINBERG REIS By, ~~~~~ Deputy Sheriff Sworn and Subscribed to before v SHERIFF'S RETURN - REGULAR -...... CASE NO: 2005-05130 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST MUTUAL FINANCIAL VS NELSON DEBRA A ET AL 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 NELSON GENE the DEFENDANT / at 1947:00 HOURS, on the 14th day of October / 2005 at 75 MARE ROAD CARLISLE, PA 17013 by handing to GENE NELSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 , . .~_'/"',) ,A<:5'" -:t.~ -t.""<"~:'... "'I' J.,;:..,....~;y.-',j.: -l ~~~~~::.~, R. Thomas Kline .J{ day of 10/17/2005 WELTMAN WEINBERG REIS By, ~~V:4fi ~ Deputy S eriff Sworn and Subscribed to before me this .; II FIRST MUTUAL FINANICAL : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, Plaintiff : No. 05-5130 v. : CIVIL TERM DEBRA A. NELSON and GENE NELSON, Defendants ANSWER TO COMPLAINT NOW, THE DEFENDANT, Eugene 1. Nelson, Jr., by and through his attorney, Michael M. Jerominski, Esquire, files this Answer to Complaint and in support thereof answers as follows: I. Admitted. 2. Admitted to the extent that Eugene J. Nelson, Jr. resides at 75 Mare Road, Carlisle, PA 17013. 3. Defendant is without knowledge to answer this allegation and therefore strict proof is demanded at trial. 4. Defendant is without knowledge to answer this allegation and therefore strict proof is demanded at trial. 5. Defendant is without knowledge to answer this allegation and therefore strict proof is demanded at trial. II Ii 6. Defendant is without knowledge to answer this allegation and therefore strict proof is demanded at trial. 7. Admitted. 8. Admitted. 9. Defendant is without knowledge to answer this allegation and therefore strict proof is demanded at trial. 10. Defendant is without knowledge to answer this allegation and therefore strict proof is demanded at trial. WHEREFORE, Defendant requests that this Honorable Court dismiss Plaintiff's Complaint. Respectfully Submitted, 1I/1/o~ , , Date ~ /tv1. ~ Michael M. Jerominski, Esquire Attorney for Defendant Eugene J. Nelson, Jr Supreme Court LD. No. 92977 TUfo Law Offices 28 South Pitt Street Carlisle, P A 17013 (717) 245-9688 II VERIFICATION I, Michael M. Jerominski, attorney for Eugene Nelson, Jr., hereby certify that the matters asserted herein constitute matters of record, legal arguments, and matters within i the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. 94904. \ \/IIDS ~ /M. g.,-:.- Michael M. Jerominski, Esquire Attorney for Defendant Eugene J. Nelson, Jr Supreme Court J.D. No. 92977 Turo Law Offices 28 South Pitt Street Carlisle, P A 17013 (717) 245-9688 Date II II CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer to Complaint i to upon William T. Molczan, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the ~ day of AJl>JeM~er , 2005, from Carlisle, Pennsylvania, addressed as follows: William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A, 2718 Kop~ers Building 4367t Avenue Pittsburgh, PA 15219 TURO LAW OFFICES 0~ /th. 9--:':- Michael M. Jerominski, Esquire Supreme Court J.D. No. 92977 Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 ~ 'fA -;;,(. <3. \ -- Q \f_ -Q~';" '0<,\; , ~-';~ ttl-.-'- ._,c ^' ("':. ',~ : ~- f[:~ i:~~ /,1...,., ";t .:'\ ..4. .." -;t:. (,,) ." r'" s.- Q, :?~ \"i1.r:: -oCD .,')0 t1(). :'C~; \'4-fS -;~r-n ':<.\ ~ Johnson. Duffie, Stewart & Weidner By: Mark C, Duffie, Esquire LD, No, 75906 301 Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw,com FIRST MUTUAL FINANCIAL, Plaintiff v. DEBRA A NELSON and GENE NELSON, Defendants Attorneys for Debra A. Nelson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2005-5130 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE AND NOW, this 16'''-' day of January, 2006, enter the appearance of the undersigned on behalf of Debra A Nelson, Defendant. '1 JOHNSON, DUF~ STE\f;0RT/& WEIDNER /, / '\1/ . Byi /., [1 . rk C, Duffie, sqUire 01 Market Street P,O. Box 109 Lemoyne, PA 17043-0109 . CERTlFICA TE OF SERVICE AND NOW, this \'\, day of January, 2006, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William T. Molczan, Esquire Weltman, Weinberg & Reis Co., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Michael M, Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 :266825 -.-\ .' (.-, ~:"\ \."C:- " '" l', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRST MUTUAL FlNANCIAL Plaintiff No. 05-5 J 30 VS, PRAECIPE FOR DEFAULT JUDGMENT AS TO DEBRA NELSON ONLY DEBRA NELSON AND GENE NELSON Defendant FlLED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. W ARMBRODT, ESQUIRE PA I.D,#42524 Weltman, Weinberg & Reis Co.. L.P,A, 2718 Koppers Bldg, 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#0450843 [ Judgment Amount $ 3,493,15 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 FIRST MUTUAL FINANCIAL Plaintiff vs, Civil Action No, 05-5130 DEBRA NELSON AND GENE NELSON Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, DEBRA NELSON above named, in the default of an Answer, in the amount of $3,493,15 computed as follows: Amount claimed in Complaint $2,73 1 A 7 Interest from August 30, 2005 to March 15,2006 at the contractual interest rate of 17,75% per annum $261.68 Attorney's fees $500,00 TOTAL $3,493,15 I hereby certity that appropriate Notices of Default, as attached have been mailed in accordance with P A R,C.P, 237,] on the dates indicated on the Notices, WELTMAN, WEINBERG & REIS CO" LP,A, ~. ~~ / ARM~~ DT, ES~IV~/ 4 Weltma" einberg & Reis Co,. L.P,A, 27ISWop ersBldg, I ~ 436 Stye th Avenue Pitts!1l" h,I'A 15219 (412 34-7955 L WWR#0450S43I PlaintitT's address is: c/o Weltman, Weinberg & Reis Co" LP,A.. 27IS Koppers Building, 436 7'h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 75 MARE ROAD MT HOLLY SPRINGS,PA 17065 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION FIRST MUTUAL FINANCIAL Plaintiff vs. Civil Action No. 05-5130 DEBRA NELSON AND GENE NELSON Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notilled that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount 01'$3,493, ] 5 plus costs, () Trespass Judgment in the amount 01'$__ plus costs, () If not satistied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau ofTrattic Safety, Harrisburg, PA, (xx) Entry of Judgment of () Court Order () Non-Pros () Confession (xx) Default () Verdict () Arbitration Award Prothonotary ~~~NO~ TY) DEBRA A NELSON 75 MARE ROAD MT HOLLY SPRINGS,PA 17065 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co" LP,^" 2718 Koppers Building, 4367'" Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION FIRST MUTUAL FINANCIAL Plaintilf YS. Civil Action No, 05-5 I 30 DEBRA NELSON AND GENE NELSON Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintilf (xx) Defendant ( ) Garnishee You are hereby notilied that the following Order or Judgment was entered against YOLl on (xx) Assumpsit Judgment in the amount of$3,493.15 plus costs, () Trespass Judgment in the amount of$_,__ plus costs. () If not satistied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department ofTransportatioll, Bureau ofTrafJie Safety, Harrisburg, PA. (xx) Entry of Judgment of () COllrt Order () Non-Pros () Confession (xx) Default () VerdiCI () Arbitration Award Prothonotary ~' (~- By PROT NOfARY Law Omees of Johnson Dume Mark Dume 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co" L.P,A., 2718 Koppers Building, 436 7'h Avenue, Pittsburgh, PA 152 I 9 1-888-434-0085 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRST MUTUAL FINANCIAL Case no: 05-5130 Plaintiff NON-MILITARY AFFIDAVIT vs. DEBRA NELSON AND GENE NELSON Defendant The undersigned, who first being duly sworn, according to law, deposes and states as fllllows: That he/she is the duly authorized agent of the Plaintiff in the within matter. At1iant further states that the within At1idavit is made pursuant to and m accordance with Ihe Servicemembers' Civil Relief Act (SCRA), 50 U,S,c' App, S 521, Affiant further states that based upon investigation it is the at1ian!'s belief that the Defendant, DEBRA NELSON AND GENE NELSON is not in the military service, At1iant further states that this belief is supported by the attached certificate fi'om the Defense Manpower Data Center (DMDC), which states that the Defendant, DEBRA NELSON AND GENE NELSON is not in the military service, Further At1iant sayeth naught. < . "fl~/ AFFIAN; I //7 TO AND .it-~c IBE(j(7n presence this I.JIday 'l COMMm~WEAL TH OF PENNSYLVANIA l Notarial Seal Heidi J. Kelly, Notary Public City or Pittsburgh, Allegheny County My Commission Expires Nov. 4, 2009 Member. Pennsv1vania Association of No:aries 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, Request for Military Status Page I of I Department of Defense Manpower Data Center ... Military Status Report ~ Pursuant to the Service Members' Civil Relief Act MAR-I 5-2006 07:14:20 "'"" Last Name First/Middle Begin Date I Active Duty Status I Service/Agency NELSON Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty, Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the individual, per the Information provided, as to all branches of the Military, r--~w~-(~~~ Robert 1. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, V A 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems, The Department of Defense strongly supports the enforcement of the Service Members Civil Relief Act [50 USCS Appx, ss SOl et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940), DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate, In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are most strongly encouraged to contact us by phone at (703-696-6762), We will then conduct further research, Your failure to re-contact DMDC may cause provisions of the SCRA to be invoked against you, This response reflects current active duty status only. For historical information, please contact the military services SCRA point of contact See: http://www.defenselink.mil/faq/pis/PC09SLDR.html. WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided, Report ID: YMKXYQSREQ https://www,dmdc,osd,milfscraJowa/scra, prc _Select 3/15/2006 ,..., () n ,';:;) , --,\ ( __I ~i' """1'1 "::~ ""'~ -r~ -;'-' ~ ~ --"'- -,~ ~ ' , ~ ~ "", ~ ~ "" "'t.-, ~, "<:, ~~- .. '., , "-" , u "'- \ ';,:. 'J Vj \" ''iJ i-, 'C< c-' ~ ~ \...,-,' ~' I-J ~ ~- ..- ~ t r ,..... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRST MUTUAL FINANCIAL Plaintiff No.05.5130CIVIL V~;. PRAECIPE FOR SATISFACTION OF JUDGMENT DEBRA A \JELSON Defendant FILED ON BEHALF OF Plaintiff COllNSEL OF RECORD OF THIS PARTY James C. Wannbrodt, Weltman, Weinberg & Rcis Co .,L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, P A 15219 (412)434-7955 Fax: 412-338-7130 WWR No, wwr#0450&431 4 ~ ~......... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRST MUTUAL FINANCIAL Plaintiff V~. Civil Action No, 05-5 J 30CIVIL DEBRA A NELSON Defendanl PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisry the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P, Sworn to and subscribed before me this "_~'2-_ Zg;:'L NQil" ARY Py{lLlC COMMONWI!Al.TH OF PENNSYLVANIA No/1uIaI SeoI W/l)'18 A Jonee, NoIary PublIc CIIy OI~, AJeg10ny CoI.r1ly MyCcn.'......'Elqli....J\.lIle29,2010 Member, Penn.)ltvanla Assodatlon of Notsr1e8 WWR No, wwr#04508431 2 s: -or,;r qJf-;'.' z~~ {,f1c, ..;...c-r.-:'. '2c ~c;' :l;:(d c. ~.'... <- ::< J '" = = .... ".. c::: G7 .. ~ i~ -'-l~ 6:j;\ 7~ ~ ~ -0 ::s: w .. N o .'