HomeMy WebLinkAbout05-5838IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
LHR, INC., assignee of FIRST NATIONAL
BANK OF OMAHA
Plaintiff(s)
-vs-
JOSEPH OSBORNE
Defendant(s)
NO.O E -X 3p
IN CIVIL ACTION
COMPLAINT
CODE-
FILED ON BEHALF OF
PLAINTIFF
COUNSEL OF RECORD
FOR THIS PARTY:
James R. Apple, Esq.
PA 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 FIRST NATIONAL NO. 0 S b 34
BANK OF OMAHA IN CIVIL ACTION
Plaintiff(s)
-vs-
JOSEPH OSBORNE
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
COMPLAINT
1. Plaintiff is a corporation having offices at 56 Main St., Hamburg, NY 14075,
and as the assignee of First National Bank of Omaha, stands in its assignor's
stead, and all are hereinafter referred to interchangeably as "Plaintiff'.
2. Defendant is an individual whose address is 155 Shughart Rd., Carlisle,
Cumberland County, Pennsylvania 17013-9228.
3. At a specific instance and request of the Defendant, the Defendant applied for and
was granted a credit card and/or loan by Plaintiff at the terms and conditions
agreed upon by the parties.
4. The Plaintiff avers that the agreement between the parties was based upon a
written agreement which the Defendant accepted by using credit card or loan to
make purchases and/or cash advances.
5. Thereafter, in breach of obligations under the Agreement, the Defendant failed to
make payments as they became due.
6. 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.
7. Plaintiff avers that the balance due amounts to $17,343.98, as is more specifically
shown by Plaintiffs Statement of Account, a true and correct copy of which is
attached hereto, marked Exhibit "A" and made a part hereof.
8. Plaintiff avers that the interest has accrued at the rate of 6% per annum on the
balance due from April 14, 2005.
9. 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
$17,343.98, with appropriate additional interest from April 14, 2005, and costs.
APPLE AND APPLE, P.C.
By:
Attorneys or Plaintiff(s)
LHR INC.
56 MAIN STREET
HAMBURG, NEW YORK
888-275-8116
DEBTORS NAME: JOSEPH OSBORNE
DEBTORS ADDRESS: 155 SHUGHART ROAD
CITY & STATE: CARLISLE, PA 17013
STATEMENT OF ACCOUNT
ACCOUNT NUMBER: 798707
ORIGINAL CREDITOR: FIRST NATIONAL BANK OF OMAHA
ORIGINAL ACCOUNT NUMBER: 5411179002042608
CURRENT STATEMENT DATE: APRIL 13, 2005
PLACEMENT BALANCE: $17,249.48
PRINCIPAL: $17,249.48
DATE OF LAST PAYMENT: DECEMBER 3, 2001
INTEREST: $94.50
TOTAL AMOUNT OF PAYMENTS MADE TO LHR: $0.00
TOTAL AMOUNT DUE: $17,343.98
THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMIVT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. , Affi t I
t
SUBSCRIBED AND SWORN TO before me, a No Public, in and for Erie County and State of
New York, this --,-j_day 01r1 t 2005
No ry Public
My Commission Expires:
Y1La: -.yY? _.
JENNIFER A. HURLEY
Notary Public, State of New York
No. 02HU6091064
Qualified in Erie County
Commission Expires April 21, 2007
1
7? IDA
I ?xaW «11\? - , of
L-h TJ
te- i*e ve-^v rho r the stezerne"zs or, r =ntaiaed n dze;`aT oing Comnlaira am :7-le
and c r-ee? 1 u?de s , w e Sze esne-rs her Win ; z ;.nade :-zbie_•r to ,he peaa/res of
S oa. lJ. :f ooq.ry Z' sD Ll7mveP'S 72IL m-carian x .^..Lvft cr=Z .-S
fare 11j.G.°tt
T'2?2
' J
'.e of Nc?w 4crk
=0 X=
C"Ualltj 1 n?i. tv
-_. 1,ommG°,U? n t 7N '=.r Sri 2007 -
?, 1
? n L
T-D
" --.111
? A7
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05838 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LHR INC
VS
OSBORNE JOSEPH
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
OSBORNE JOSEPH
DEFENDANT
the
, at 2032:00 HOURS, on the 14th day of November , 2005
at 155 SHUGHART ROAD
CARLISLE, PA 17013
by handing to
JOSEPH OSBORNE
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 18.00
Service 4.80
Affidavit .00
Surcharge 10.00
.00
32.80
So Answers:
R.
11/15/2005
APPLE &
Sworn and Subscribed to before By:
me this -2,o -4A day of
_rwvc u. ?) cAC ; A. D.
Pr onot ry
ne
LHR, INC., assignee of FIRST NATIONAL
BANK OF OMAHA,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-5838 Civil Term
JOSEPH OSBORNE,
Defendant CIVIL ACTION
PRAR.CIPF.
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please enter the attached Chapter 7 Voluntary Petition in Bankruptcy, of William
J. Osborne, Jr., to the above-referenced term and number.
Joseph B. Sobel
Attorney for Debtor
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108
(717) 234-2200
Page 1 of 1
Subj: Ch-7 1:06-bk-00055 Voluntary Petition (Chapter 7) -William J. Osborne
Date: 1/16/2006 7:44:09 PM Eastern Standard Time
From: PAMB_LiveDB@pamb.uscourts.gov
Reply-to: pambecf-helpdesk@pamb.uscourts.gov
To: PAMB_LiveDB@pamb.uscourts.goov_
Sent from the Internet (Details)
***NOTE TO PUBLIC ACCESS USERS*** You may view the filed documents once without charge. To avoid
later charges, download a copy of each document during this first viewing.
U.S. Bankruptcy Court
Middle District of Pennsylvania
Notice of Bankruptcy Case Filing
The following transaction was received from Sobel, Joseph B. entered on 1/16/2006 at 7:35 PM EST and filed on
1/16/2006
Case Name: William J. Osborne
Case Number: 1:06-bk-00055
Document Number: 1
Docket Text:
Chapter 7 Voluntary Petition. Filing fee due in the amount of $ 274.00 Filed by Joseph B. Sobel on behalf of
William J. Osborne Jr.. (Attachments: # (1) OSBORNE -Credit Counseling Certificate) (Sobel, Joseph)
The following document(s) are associated with this transaction:
Document description: Main Document
Original filename:C:\BKMD_pdf\Osbor000.pdf
Electronic document Stamp:
[STAMP bkecfStamp_ID=1009835235 [Date=1/16/2006] [FileNumber=2705902-0
][46036b0180b27c77130bae2lf329f70d48oc29324f2350bad802211650fa6e7e3e9
94f37fb8cl9879cbf8762754170a4f107c6d02lfc9c6c65111a95faf2b001]]
Document description: OSBORNE - Credit Counseling Certificate
Original filename:C:\BKMD_pdf\OSBORNE - Credit Counseling Certificate.pdf
Electronic document Stamp:
[STAMP bkecfStamp_ID=1009835235 [Date=1/16/2006] [FileNumber=2705902-1
][1b9al53dfb5e236808507be00lf57878bcc97239ccceaea92a8fffa43e77257fb23
9bea4ld98f0e6fe508762e26c770e287ad75f7e76be7619fOb7a18d1c7555)]
1:06-bk-00055 Notice will be electronically mailed to:
Joseph B. Sobel DebtEnds@aol.com, ojoclemens@aol.com
United States Trustee ustpregion03.ha.ecf@usdoj.gov
1:06-bk-00055 Notice will not be electronically mailed to:
Monday, January 16, 2006 America Online: Debtends
(Official Form 1) (10/05)
United States Bankruptcy Court
Voluntary Petition
Middle District of Pennsylvania
Name of Debtoi(if individual, enter Last, Fitsr, Middle): Name of Joint Debtor (Spouse)(List, First, Middle):
Osborne Jr, Willliam J
All Other Names used b) the Debtor in the Iasi 8 years All Other Names used by the .loin) Debtor in the last 8 years
(include married, maiden, and tmdc names): (include married, maiden, and trade names):
Joseph Osborne, Arlen Toohsorks
Last four digits of Soc. Sec No. /Complete F:N or other Tax J.D. No. Last four digits of Soc. Sec. No. / Complete EIN or other Tax F.D. No. (if
(if more than one, state all) more than one, state all):
1478
Street Address of Debtor (So. & Street, City, and State Street Address of Joint Debtor (No. & Street, City, and State):
155 Shughart Road
Carlisle, PA
ZIPCODF. ZIPCODE
17013-9228
County of Residence or of the Principal Place of Business: County of Residence or of the Principal Place of Business:
Cumberland
Mailing Address of Dcbtor (it dillerent from street address): Mailing Address of Joint Debtor (it different from street address):
ZfPCODE ZIPCODE
Location of Principal Assets (it Business Dcbtoi (ifdifferent from street address above): 155 Shughart Road
Carlisle, PA
Z(PCODE
17013
'type of Debtor (Form of Organization) Nature o Business
(Check 1011 applicable boxes) Chapter or Section of Bankruptcy Code Under Which
(Check tine box.) ? I Iwlth Care Business the Petition is Filed (Check one box)
Q Individual Iincloda Joint Debtors) ? Single Asset Real Estate as
Q Chapter 7 ? Chapter I I ? Chapter 15 Petition for Recognition
t
de
mcd in 11 U.S.C. § 101(5 lB)
? Corporation (include, LL( and LLP) ? Chapter 9 ? Chapter 12 of a Foreign Main Proceeding
i
? R
a
lroad
? Partnership
? Chapter 13 ? Cha ter 15 Petition for Reco taros
El Stockbroker p gn
? Oth
If d
b
i
er (
e
tor
s not one of the abort
entities, check this box and provide the ? Commodity Broker of a Foreign Nonmain Proceeding
information requested hC1,,, ? Clearing Bank Nature of Debts [Check one box)
State type of entity: ? Nonprofit Organization qualified
? ConsumerMon-Business Q Business
under Is U_SC §501(c)(3).
Filing Fee (Check one box) Chapter 11 Debtors
Q Full Filing Fcc AnuChed Check one box:
? Filing Fee to be paid in installments (Applicable to individuals only). Must ? Debtor is a small business as defined in 11 U.S.C. § 101(51 D),
attach signed application tin the court's consideration certifying that the debtor ? Debtor is not a small buv.ness as defined in I I U.S.C. § 101(51D).
is unable to pry tcc except in installments- Rule 1006(6) See Official Form 3A ---- -----
? Filing Fee waiver reyuatcd (Applicable to chapter 7 individuals only). Must Check if.
attach signed application for the court's consideration. See Official Form 3B. ? Debtor's aggregate noncontingent liquidated debts owed to non-insiders
or affiliates are less than 52 million
................................................ .................... ?........................
Statistical/Administrative Information THIS IS SPACE IS FOR COURT USE ONLY
? Dchtorestimatcs that fund, will he avadahle far distrihulion to unsecured creditors.
Q Debtor estimates that alley anv exempt property is secluded and administrative expenses paid, there will bean funds
available for di sstrihufion to unsecmell emdhors.
__________________________________________________________________..__J
Estimated Number of I- 50. 100_ 2011- I OOO- 5,001- 10,001- 25,001- 50,001- (A I.It
Creditors 49 99 109 099 5,000 10,0110 25,000 50,000 too,()()() 100,000
Q ? ? ? ? ? ? ? ? ?
__
____
________________
__________________________________
E
stimat
ed
Ass'cts
SOt, A50,01011" 1100,001to SSnnJlmto S1000001a, 510.000,0011. S50,000,001 1. Mo"floj1
550,000 SH)O,000 Is()() ON) 51510,11 SIn P1111on S50milhcni SIMmillioc SIOOnnIhoo
? ? Q ? ? ? ? ?
.____________________________
!
_________________________________________
Estimated Debts
SO to 10,0101 m 110O.OOI to S100,001 b, S 1000,001 to S IQII00001 to S50,000,001 to Mo, dlml
5511,000 SI0001ID s1OO 00 S1 eilhon S10nillion S50 trillion 5100 milling SIO(nellinu
----------------------
...........................................1
I 10105
FORM B1, Page 2
tOffictal Eorm ) ( .)
Voluntary Petition Name ofDebtor(s)? Willliam J Osborne Jr
('/hie pave nurct br rumpletrd and tiled in "I "I I aver)
Prior Bankruptcy Case Filed Within Last8 Years (If more than one, attach additional sheet)
Location Case Number: Date Filed:
Where Filed: NONE
Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate 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
CCo be completed if ddmtor is required to F1 c periodic reports (to be completed If debtor is an individual
(e.g_, forms I OK and 100) with the Seem itie: and Fxchange whose debts arc purino IN consumer debts)
Commission pm suant to Su,tlou I I or (d) of the Securities 1, the attorney for the petitioner rained in the fnrcgning petition, declare that
Exchange Act of 1934 and is requesting rellct under chapter 11) I have informed the petitioner that [he or she] may proceed under chapter
7, 11, 12, or 13 of title 11, United States Code, and have explained the
relief available under each such chapter- I harder certify that I have delivered
to the debtor the notice required by ti 342(6) of the Bankruptcy Code.
? Exhibit A is attached and made a pan ofthis petition. X Not Applicable
Signature of Attorney for Dellica(s) Date
Joseph B Sobel 17115
Exhibit C Certification Concerning Debt Counseling
Does the dcluor own or have possession of any property that poses by Individual/Joint Debtor(s)
or is alleged to pose a threat of inuoincnt and identitiable harm to 0 Uwe have received approved budget and credit counseling during the
public health or safety' 180-day period preceding the filing of this petition.
and Exhibit C is attached and made a part of this petition. ? I/we request a waiver of the rt:qurtement to obtain budget and credit
? Yes
,
counseling prior to filing hosed on exigent circumstances (Must attach
0 N
certification describing.)
Information Regarding the Debtor (Check the Applicable Boxes)
Venue (Check any applicable box)
0 Debtor has limn domiciled or has had a residence, prncipal place of business, or principal assets in this District fix 180
days inimcchnocly pteceding the date of this petition or for a longer partof such 180 days than in anv other Distract.
? I here is a bankruptcy case concerning debtors affiliate, general partner, or partnership nending in this District-
? Debtor is a dahtor in a toieign proceeding and has its principal place of business or principal assets in the United States in
this District or has no principal place of bushes, or assets in the United States but is a defendant in an action or proceeding
[(n a tedcral or state court] in this DisVict, or the interests of the parties will be served in regard to the relief sought in this
District.
Statement by a Debtor Who Resides as a Tenant of Residential Property
Check all applicable haves.
? Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the
following).
(Name of landlord that obtained judgment)
(Address of landlord)
? Debtor claims that under applicable non bun krptcy law, there are circumstances under which the debtor v.ould Inc
permitted to cure the entire mor irv default that gave rise to the judgment for possession, after the judltmmrt for
possession was entered, and
? Debtor has included in this petition the deposit with the court of any rent that would become due during the 30-day
period aher the filing of this petition-
(Official Form 1) (10/05)
FORM RI. Page i
Voluntary Petition Name of Debtor(s): YVillliam J. Osborne, Jr.
(This page must be completed and filed in every case)
Si n atures
Signature(s) of Debtor(s) (Individual/Joint) Signature of a Foreign Representative of a
I declare under penalty of perjury that the information provided in this Recognized Foreign Proceeding
petition is true and correct.
If petitioner is an individual whose debts are primarily consumer debts and I declare under penalty of perjury that the information provided in this petition
as chosen to file under chapter 7) 1 am aware that I may proceed under
chapter 7, 11, 12 or 13 of title 11, United States Code, understand the relief is true and correct, that I am the foreign representative of a debtor in a foreign
avadable under each such chapter, and choose to proceed under chapter 7. main proceeding, and that 1 am authorized to file this etition. A certified co
P PY
tlf no attorney represents me and no bankruptcy petition preparer sugmns the
petition]- I have obtained and read the notice re
uired b
§ 342(6) ofthe of the order granting recognition is attached.
q
y
Bankruptcy Code.
I request relief in accordance with the chapter of 0tle 11, United States Code,
specified to this peon
/
X
Signature of Debtor Willha n J. Osborne, Jr. X
X Not Applicable (Signature of Foreign Representative)
Signature of Joint Debtor
Telephone Number (If not represented by attorney)
L i 6-06 (Printed Name of Foreign Representative)
Date Date
ignatu o ney
19
X
Signature of Attorney for Debtor s)
Joseph B Sobel, 17115 Signature of Non-Attorney Petition Pre
arer
Printed Name of Atlomey for Debtor(s) i Bar No. p
1 declare under penalty of perjury that 1) 1 am a bankruptcy petition preparer
as defined in 1 I U.S.C. § 110; 2) 1 prepared this document for compensation
Law Offices Joseph B Sobel and have provided the debtor with a copy of this document and the notices and
Firm Name information required under I I U.SC. §§I 10(6), 110(h), and 342(b); and 3) ifmles or
PO Box 828 Harrisburg, PA 17108-0828 guidelines have been promulgated pursuant to 11 U.S.C.§ 110 setting a maximum fee
for services chargeable by bankruptcy petition prepares, 1 have given the debtor notice
Address of the maximum amount before preparing any document for filing for a debtor or
accepting any The from the debtor. as required in that section. Official Form 19B is
attached.
(717) 234-2200 (717) 234-2211 Not Applicable
Telephone Number
1-16-06 Printed Name and title, if any, of Bankruptcy Petition Preparer
Date
Signature of Debtor (Corporation/Partnership)
1 declare under penalty of perjury that the information provided in this
i
i
i
d
d
pet
t
on
s true an
correct, an
that I have been authorized to file this Address
petition on behalf of the debtor
The debtor requests relief in accordance with the chapter of title 11, United
States Code, specified in this petition. X Not Applicable
Not Applicable
X Signature of Bankruptcy Petition 11reparer or officer, principal, responsible
person
or
artner whose social securit
n
mb
r i
id
d
b
,
p
y
u
e
s prov
e
a
ove.
Signature of Authorized Individual Names and Social Security numbers of all other individuals who prepared or assist
in preparing this document unless the bankruptcy petition
Printed Name oFAuthorized Individual
preparer is not an individual:
If more than acre
erson
re
ared this document
attach
Title of Authorized Individual p
p
p
,
additional sheets conforming to the appropriate official form for each person.
A bankruptcy petition preparer 's failure to comply with the provisions of title
Date 1I and the Federal Rules of Bankruptcy Procedure may result in fines or
imprisonment or both 11 US C . §110: 18 U.S.C. §156.
P
I hereby certify that on the 17th day of January, 2006, a true and correct copy of
the foregoing Praecipe to Enter Voluntary Petition in Bankruptcy, was served upon the
Plaintiff LHR, Inc., assignee of First National Bank of Omaha, by mailing same by United
States Mail, First Class, postage pre-paid, to its attorney of record at the following
address:
JAMES R APPLE ESQUIRE
APPLE AND APPLE PC
4650 BAUM BOULEVARD
PITTSBURGH PA 15213
jw"t Joseph o el
Attorney for Debtor William J. Osborne, Jr.
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-0828
(717) 234-2200
.,
i. l
'T:
.J
... ..
-? ?..
Vi
__ (:J ~
Curtis R. Long
Prothonotary
Office of the Protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
ll C 5? _CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573