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HomeMy WebLinkAbout02-1420JNWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT co.,,o.,.,As.o. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. DISCOVER BANK, ISSUER_ OF DISfI)9~ 9-3-1 ADDRESS OF APPELLANT CITY STATE ZIP CODE c/o Edward Stock, Esq~, 18th Fl., 1608 Walnut St., Phila., PA 19103 3/6/02 is.u vs. CVLT 2020 02-23 EUNARD 3~ This block will be signed ONLY when this notation is reqmred under Pa. I~-~e~.P.J.P: ' R.C.P.J.P. No. 1008B. No. 1001(6) in action before District Justice, he This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) clays a~tor filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellent was DEFENDANT (see Pa. R.C.P.J. Po No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. · appellee(s), to file a complaint in this appeal Name of appellee(s) ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To , appellee(s) Name of appellee(s) Signature of appellant or his attorney or agent Date: · 20 . (1) You are notified that a rule is hereby entered .~?n you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal sergice or!by certifi~i:l.'or re~istered mail. ~ ::-'~ . (2) If you do not file a complaint within th.ts tir0e; a:,JUDGME'NT~(~F NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service ~as ~ ;mail.is the}~late 0..f mailing. Signature of Prothonotary or Deputy AOPC 312~90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service-MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeaL-Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: hereby swear or affirm that I served ; SS [] a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice deSignated therein on (date of servicel ' , 20 [] by personal service [] by (certified) (registered) mail,.ser~er's receipt attached hereto and upon the appellee, (name) on , 20__ [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule Was addressed on ; 20 , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of affiant Signature of official before whom affadavit was made Title' of official My commission expires on COMMONWEALTH OF PENK' '_VANIA COUNTY OF: CUMBERT.AN~ Mag. Dist. No.: 09-3-01 DJ Name: Hon. HAROLD E. BENDER AOd~ess: 81 W~T.NUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA Telephone: (717) 532 '7676 17257 ' 0361 DISCOVER FINANCIAL SRV, INC 1608 WALNUT ST C/O EDWARD STOCK PHILADELPHIA, PA 19103' NOTICE PLAINTIFF: CIVIL CASE NAME and ADDRESS ~ISCOVER BANK, ISSUER OF DISCOVER 1608 WALNUT ST C/O EDWARD STOCK ~HILADELPHIA, PA 19103 VS. DEFENDANT: NAME and ADDRESS ~UNLAP, DORY A 98 LOCUST ST SHIPPENSBURG, PA 17257-1714 JUDGMENT/TRANSCRIPT Docket No.: CV-0000023-02 Date Filed: 2/04/02 THIS IS TO NOTIFY YOU THAT: Judgment: Judgment was entered for: (Name) . Judgment was entered against: (Name) in the amount of $ 00 on: Defendants are jointly and severally liable. Damages will be assessed on: (Date of Judgment) ~/0~/02 (Date & Time) This case dismissed without prejudice. Amount of Judgment Subject to AttachmentJAct 5 of 1996 $ Levy is Stayed for days or ~ generally stayed. Objection to levy has been filed and hearing will be held: Amount of Judgment $ o 00 Judgment Costs $ o 00 Interest on Judgment $ ° 00 Attorney Fees $ o 00 Total $ .00 Post Judgment Credits $, Post Judgment Costs $. Certified Judgment Total Date: Time: Place: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. ,L,~- (m'-O ~k, Date ,/~/~,,c,¢J~/~ ~ , District Justice I certify that this is a true and correct copy of the record of the proceedings containing thI judgment. ., Date District Justice My commission expires first Monday of January, AOPC 315-99 2006 SEAL _ P1~,O.¢O.~.~-:O¢:-SERVICE .OF *~NOTICE OF APPEAL AND RULE TO FILE COMPLAINT :~'~f ~vie~BE FILED'W/THIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable eoxes, CoMMONW~ALTH OF PENNSYLVANIA COUNTY' O~~ ; ss AFFIDAVIT: I hereby swear or affirm treat served [] a copy o~,t~ (',~j~ic~,~f,,.Ap~peelf~Commorr Pleas Nq.02-1~4~0 , upon the District Justice designaterJ therein on ~:~t.' ~-.l~[~'~l~lltYt~ J~l~5~t, 2,5, , 20 02 , ' - [] by personal service [] ' by (certified) (registered) mai[, sender's receipt attached hereto and upon the appellee, tname) , ]]0~[ J~. D~J~ on [~JEC,~ ~5 , 20 02 [] by personal service ~ by certified) (registered) mail, sender's receipt attached hereto. ;~-.,~ ~ and, further that I served'the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on 20 (registered) mN sender's receipt, attached hereto. ;.. RN"{~'~FfRM~} :~.i SUBSCRIBED BEFORE ME - ;20 02. i~ato~e ~' ~a~ '~m ,~ ~ffadavit was made My commiss~n e~imS on , 20 March 25, 2002 Hon. Harold E. Bender District Court 9-3-1 81 Walnut Bottom Road, P.O. Box 361 Shippensburg, PA 17257 Ms. Dory A. Dunlap 98 Locust Street Shippensburg, PA 17257 Re: Discover Bank, Dory A. Dunlap District Court No. CV-23-02 issuer of Discover vs. 9-3 -1 Court of Common Pleas Cumberland County No. 02-1420 Dear Sir: On behalf of the plaintiff, Discover Bank, issuer of Discover, enclosed please find a true and correct copy of a Notice of Appeal, the original of which was filed with the Court of Common Pleas on March 25, 2002 in regard to the above matter. Please be guided accordingly. Very truly yours, EDWARD STOCK ES:kd Enclosure CERTIFIED MAIL, RRR THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. March 25, 2002 Hon. Harold E. Bender District Court 9-3-1 81 Walnut Bottom Road, P.O. Box 361 Shippensburg, PA 17257 Ms. Dory A. Dunlap 98 Locust Street Shippensburg, PA 17257 Re: Discover Bank, issuer of Discover vs. Dory A. Dunlap District Court 9-3-1 No. CV-23-02 Court of Common Pleas Cumberland County No. 02-1420 Dear Ms. Dunlap: On behalf of the plaintiff, Discover Bank, issuer of Discover, enclosed please find a true and correct copy of a Notice of Appeal, the original of which was filed with the Court of Common Pleas on March 25, 2002 in regard to the above matter. Please be guided accordingly. Very truly yours, EDWARD STOCK ES:kd Enclosure CERTIFIED MAIL, RRR THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS A.N ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EDWARD STOCK, ESQUIRE I.D.#13657 18th Floor 1608 Walnut Street Philadelphia., Pa 19103 (215)893-9322 Attorney for: Plaintiff DISCOVER BANK, ISSUER OF DISCDVER CARD BY ITS AGt~qT DIS(/ArE~ FINANCIAL SERVICES, INC. COURT OF COMMON PLEAS P.O. Box 6011 OF (/3MBERLAND COUNTY Dover, DE 19903-6011 CIVIL ACTION - LAW Plaintiff vs. DORY A. IX3NLAP 98 Locust Street Shippensburg, PA 17257 NO. 02-1420 Defendant "NOTICE "You have been sued in court. If you w~sh to defend against the claims set forth in the following pages, you must ~ake 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 cour~ your de- fenses or objections to the claims set forth against you. You are warned [hat i/you fail to do so the case may proceed w-ithout you and a judgment ma), be entered aga rmt oub the court. wl~out further notice for any money cla~med m the complaint or for any other claim or relief requested by the pla~ntiff You may lose mO.ey ut e~gnerty or other r ghta important to you. "YOU SHOULD TAr '. ' ' ~r nav~ A LAI%-fER OR CA-N- NOT .~2vFOPD ONE. GO TO OR SET FQ~T BEL')w TO GET LEGA. HELF - FIND OUT WHERE YOU CAN "AVISO sfas demandas expuastas en las paginas siguientes, usted tiene veinte (20) di~,s de plato al partir de la fecha de la demanda y la notification. Haeo falta asentar una compaxencia eserita o en persona o eon un abegado y entregar a la corte en forma eserita sus degeasas o sus ob,ieci- ones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomarti medidas y puede continuar la demanda en contra suya sin previo aviso c notifi. cacioh, Adem~/s, la torte puede decidir a favor del deman- dante y requiere que usted cumpla eon tedas la~ p.~ovisiones de asia demanda. Usted puede perder dlnero o sas prvpieda- des u otros derechas impertantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO LNMEDIATA. MENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DLN- ERO SUFICIENTE DE PAGAR TAL SERVICI0, VAYA EN PERSONA 0 LL,LME POR TELEFONO A LA 0FiCINA CUYA DIRECCION SE ENCUENTRA ESCRITA AB;JO PARA AVERIGUAR DONDE SE PUEDE CONSEGLrII~ ASISTENCIA LEGAL. Court A~ministrator~ One Courthouse Square 4th Floor Carlisle, PA 17013 (717)240-6200 EDWARD STOCK, ESQUIRE I.D.#13657 18th Floor 1608 Walnut Street Philadelphia, Pa. 19103 (215) 893-9322 Attorney for Plaintiff DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. P.O. Box 6011 Dover, DE 19903-6011 Plaintiff vs. DORY A. DUNLAP 98 Locust Street Shippensburg, PA 17257 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 02-1420 CIVIL ACTION COMPLAINT IN ASSUMPSIT 1. Plaintiff, Discover Bank, issuer of Discover Card, by its agent Discover Financial Services, Inc., is a duly organized banking institution under the laws of the State of Delaware and has a principal place of business at the address contained in the above caption. 2. Defendant(s), Dory A. Dunlap, is an adult individual and resides at the address contained in the above caption. 3. After application by the Defendant(s) to the Plaintiff for a credit card account, which application was approved by the Plaintiff, the Plaintiff issued a credit card to the Defendant(s) so that the Defendant(s) could make purchases from merchants, on credit, who had established a business relationship with the Plaintiff in regard to the same. 4. Plaintiff attaches hereto a copy of the standard Cardmember Agreement to this Complaint as Exhibit "A" which contains the terms and conditions of the undertaking between the Plaintiff and the Defendant(s). 5. Thereafter, the Defendant(s) utilized the said credit card on various and sundry occasions. 6. Plaintiff attaches hereto as Exhibit "B" to this Complaint, a true and correct copy of the last monthly statement in regard to the activities in connection with the Defendant's account and also attaches hereto as Exhibit "C" to this Complaint, an Affidavit from the Plaintiff attesting to the present balance due the Plaintiff from the Defendant(s) in regard to the said account. 7. Notwithstanding repeated requests and demands of the Plaintiff upon the Defendant(s) to satisfy the outstanding indebtedness in the sum of $3,085.28, the Defendant(s) has and still refuses to pay the same. 8. As a result thereof, Plaintiff has been forced to incur reasonable attorney collection fees in the sum of $462.79 in an attempt to legally enforce collection of the debt due it from the Defendant(s), which reasonable attorney fees are the responsibility of the Defendant(s) to pay in accordance with the Cardmember Agreement. 9. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. W~REFORE, Plaintiff, Discover Bank, issuer of Discover Card, by its agent Discover Financial Services, Inc., demands Judgment against the Defendant(s), Dory A. Dunlap, in the sum of $3,548.07 with interest and costs. DATE:~ EDWARD ~OC~, EsQ~ VERIFICATION EDWARD STOCK, ESQUIRE, Attorney for Plaintiff herein, verifies that the statements made in this Pleading are true and correct and that he is authorized to make them on behalf of the Plaintiff. He understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Sec. 4904, relating to unsworn falsification to authorities. '~/ CARDMEMBER AGREEMENT read ~i.~ Agreomem r.,lr~tull), be ore oeio our Disc AC;~CE ~F AGR~ ~e usa °f veurAcc:unt ~r ~ ~rd b LI,~liLITY FOR UNAUTHORIZED USE. If i Carl Jo lost or s;oien, or it you E ;~88m,60~. You may be m[aoie for me unaumom< u.e of = Cato oryour C~E~ff LIMIT. We will aUvise you o( youc c;~c~ :imiL We ma [nc':~a r ~low your unoaio balance. ~nc~uding =.* PROMISETO PA * . · /or~n cu~enc/to U.S. Doi~ at a rote exi~ng an MO~LY 31~iNG ~A~T. We w)ll sen~ 'mu ~O~dL7 ~AY~E~ ~ON$." *' ' New to 'is n Oe~,,~ it ,-g ~ox ~J ,, Dover. ~: TR~NSACTiON FEE FINANCE C:-IARGcS. Va ,v,I cna ge you a Fee F~n~c~ :h~ ~a ,~f 2 5~ '" - ' is ~ mimm~m Trsnszc::on Fee ~ENANCE CHARGE at S2.,]O ~nd ~o m~imum Tm~c.on ..... IA,IC~ C,,AR~:. ~ne imoosi~on at Trisection Fee ad.cas, inFiUcing me m of Oisco, er Card c~, regamless of ~e pup oaic FINANCE CH~G~ ot [~ss ~ ~.Sd ~ut~ a~er~ ~e ~maos~. R~RNEg CHE~X .... ,Ye ~ I cna~ you a Re~med Ch~ ~ o~ ~ ~,We ~}[ c~a~e you a ~ ~ of ~O.O0 2you ~[ o mqu r~ payment ~in 20 c~ a~ar ~a P~me~ Due O~ ~n ~ mon~. R~CH ~. ,Ve m,y c,~r~e you a ~e~mn ~ ~ ~.00 for e~h ~ ~ ~s or Y you ~xc~ your credit :im~ due ~o ~e ~os~ng of O~=~gLT~OLLE~QN COS~ You ~ra in demu~ ~you bmme ~nsoiv~ y~u ? ~ ~ruo~,, pe~sn cr have one fiI~ ;~n=' au. or ~ you ~m~n: ~c~ .;we is ~cc:r~ng ;o :~e :~rms of ~his Agr~emenL [ your to companies se{ling p~uc~ or se~ic~ ~A= ~a7 be a n~rest Ia yom ~ur ~rdmembem w~om na~ ta you. We ~4y womng; we ~ not ~e ~te to ~o~ :o yau ~ ~ ~ ~e ~en~ h~ppen. C~GE OF ~MS, ~ reexchange a~ tern or ~a~.~ ~i~ A~ement, inctu~iaq a~ fl~nce :ha~e n~, fee or m~od ~ c~mp~ng any balance pay ~ ~e ~alafln ~at you owe ~ ~eemed 3~n~ ~ me new te~s ~ of ;c~ effete ~ate, oven ff yea p~o~ n~ed ~ ~ yeu did ~ ;q~e to ~e ~a~e. " ~GE OF AOORE~S. ~f '/~u ~'~ your ~ ad~'~in 15 ~"~, ~IG~ OF AC:~U~. We may s~L ~n ar~er ~r~un: or ~ ~cn m~o~ qo~ :o you. ~p ~ n~l, ~:~n ar~er a~scg~o 6011 0022 DUNLAP, DORY A 5058 3754 CREDIT LIMIT: 2100 CREDIT AVAIL: 0 MULTIPLE STATEMENTS OTHER/MISCELLANEOUS CARDMEMBER STATEMENT 14:03:24 PAYMENT DUE DATE: MIN PAYMENT DUE: AMOUNT PAST DUE: CLOSING DATE: 12/16/00 VIEW DATE: 12 / 00 01/13/01 PREVIOUS BALANCE: 453.00 PAYMENTS/CREDITS: - 388.00 PURCHASES/MISC: + CASH ADVANCES: + BALANCE TRANSFERS + FINANCE CHARGES: + NEW BALANCE: 12/16 LATE FEE 12/16 OVERLIMIT FEE Ol/O9/O 2973.07 0.00- 58.00 0.00 0.00 54.21 3085.28 29.00 29.00 F9-PREV F10-NEXT Fll-VIEW DETAIL MSG: LAST PAGE OF THE STATEMENT F5-CBB F6-FC F13-MSG F14-ADJ F15-REPRINT EXHIBIT "B" ATTORNEY: STOCK 6011002250583754 BALANCE: CARDMEMBER(S): $3085.28 DORY A DUNLAP STATE OF OHIO COUNTY OF FRA/NKIN V. Williams, personally appeared before me, this day and after being duly sworn, according to law, upon her oath and says: THIS person is a Legal Placement Account Manager for DISCOVER FINANCIAL SERVICES INC.,the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Bank. THAT, in their capacity as Legal Placement Account Manager, Affiant has control over and access to records regarding the account of this debtor; further that the Affiant has personally inspected said account and statements regarding the balance due on said account. These Records are kept in the normal course of business. THAT the undersigned Affiant being duly sworn deposes and says that the policies and procedures of DISCOVER BANK and it's servicing agent, DISCOVER FINANCIAL SERVICES, INC. are in accordance with applicable federal and state consumer and credit laws. THAT the annexed statement of account, in favor of DISCOVER BANK, is a true and correct statement and there is now due and owing to DISCOVER BANK, the sum over and above all legal set-offs. 'Attached' hereto as exhibit A is a copy of the terms of the account which we forwarded with the charge card to the Cardmember(s). THAT to the best of Affiant's knowledge and belief the defendant is employed in civilan life and by reason thereof is not engaged in the military service of the United States and is a resident of the State and of the Country in which this action has been filed. THAT this affidavit is made on the basis of Affiant's personal knowledge and in support of Plaintiff's suit on account against said Debtor. Beth A. Oakley NOTARY PUBLIC, STATE OF OHIO MY COMMISSION EXPIRES 02-15-05 Affiant Sworn and Subscribed before me this 8TH day of J/LN-UARY, 2001 Notmy Public In and for the State of Ohio · ....... EXHIBIT "C" 1.4.02/revised 3.25.02 Inventory of Diane L. Greene DIANE L. GREENE, Plaintiff ROBERT F. GREENE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. %5 O C vlu CIVIL ACTION - LAW IN DIVORCE INVENTORY OF DIANE L. GREENE Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 3-3~~0~ ~le Road Camp~ill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme CourteD #32112 Dated: ~/ /0 ~-- Page 1 ASSETS AND LIABILITIES OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages: (x) (x) ( ) ( ) (x) (x) ) ) ) ) (x) (x) ( ) ( ) ( ) ( ) ( ) (x) ( ) ( ) (x) ( ) 1. Real property and Real Estate Mortgages 2. Motor Vehicles and Vehicle Liens 3. Stocks, bonds, securities and options 4. Certificates of Deposit 5. Checking accounts, cash 6. Savings accounts, money market and savings certificates 7. Contents of safe deposit boxes 8. Trusts 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) 10. Annuities 11. Gifts 12. Inheritances 13. Patents, copyrights, inventions, royalties 14. Personal property outside the home 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) 16. Employment termination benefits - severance pay, worker's compensation claim/award 17. Profit sharing plans 18. Pension Plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Accounts 20. Disability payments 21. Litigation claims (matured and unmatured) 22. Military/V.A. benefits 23. Education benefits 24. Debts due, including loans, mortgages held 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution is in dispute) 26. Other assets 27. Loans 28. Credit Cards 29. Other Debts Page 2 I. MARITAL PROPERTY AND MARITAL LIABILITIES Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest, individually or with any other person as of the date of separation and, all marital liabilities owed by either or both spouses, individually or with any other person as of the date of separation: NO DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE CUMBERLAND, PA GmO MORTGACE ~22,000.00~ ' MORTGAGE NET EQUITY 56,000.00 56,000.00 28,000.00 28,000.00 A ~SEANO S ~990 3.25.02. ~,780.00 CHEVY ASTRO VAN vE.~o~,E ~,oAN ~/A 0.00 NET VALUE 3.25.02 1,780.00 1,780.00 1,780.00 Page 3 NO DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE EL~T~ LOAN o. oo NET VALUE 0.00 0.00 0.00 C HUSBAAFD ' S 1989 1,480.00 C~EVY BLAZER HUsbAND'S D ~usB~,s 6,16o.oo MOTORCYCLE NET VALUE 6, 160.00 6, 160.00 6,160.00 E R/3S BAIRD ' S TBD UTILITY TRAILER HUSBAND ' S None TRAILER LOAN NET VALUE TBD TBD TBD Page 4 NO DESCRIPTION OF DATE OF VAL~E OF NET VALU~ PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE A PSECU joint est. 100.00 100.00 100.00 checking account # B Wife's Waypoint 10.5.01 615.80 615.80 615.80 Bank checking account #0100312230 A Wife's Waypoint 10.6.01 1,234.43 1,234.43 1,234.43 Bank savings account # I A Wife's SERS To be TO be To be To be Retirement Plan divided at divided at divided at divided at retirement retirement retirement retirement B Husband's PSECU Est. 5,000.00 5,000.00 5,000.00 IRA A Husband's Est. 16,915.00 16,915.00 16,915.00 Household Goods Page 5 NO DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE B Wife's Est. 1,450.00 1,450.00 1,450.00 I Household Goods Home Depot joint credit card Est. TBD TBD TBD TBD Bank One joint Est. TBD I credit card TBD TBD TBD Wife's Sears Est. TBD credit card TBD TBD TBD Page 6 NO DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE D Lowe's j oint Est. TED TED TED TED credit card R Walmart joint Est. credit card F Boscov' s joint Est. TBD TBD TBD TBD credit card G Discover joint Est. TBD TBD TBD TBD credit card Page 7 NO DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE R Bank of America Est. TED TED TED TED joint credit card I 1sT Union Est. TBD TBD TBD TBD National Bank joint credit card J PSECU joint Est. TBD TBD TBD TBD Visa account Page 8 NO DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE K PSECU joint Est. TED TED TED TBD credit card account onm~nts. ~e ha~ance ~ed On ~h~s loan as o£da~e o~se~&tion was $1,596.00, Wi£e has £ilea bar~ru~tcy and ~s ,paYing $214.00 per month on & Chapter 13 PimP; As Pe~ l~t~£r~mAtt~rnay Each, wi~e,s ~14.00 ire s payment o£ th~s d~t ~il~, there£O~e, he 21% 0£ the above I TOTAL OF ASSETS 90,735.23 59,435.00 31,300.23 A~D LIABILITIES Totals from above 90,735.23 59,435.00 31,300.23 Amount Due in 50/50 Division 45,367.62 45,367.62 Adjustment Figure (14,067.39) 14,067.39 Totals from above 90,735.23 59,435.00 31,300.23 Amount Due in 45/55 Division 40,830.85 49,904.38 Adjustment Figure (18,604.15) 18,604.15 Totals from above 90,735.23 59,435.00 31,300.23 Amount Due in 40/60 Division 36,294.09 54,441.14 Adjustment Figure (23,140.91) 23,140.91 NOTES ADJUSTMENT FIGURES ARE FOR ILLUSTRATION PURPOSES ONLY. THEY ARE NOT TO BE DEEMED A REPRESENTATION BY WIFE THAT ANY ADJUSTMENT SHOULD BE MADE. ADJUSTMENT FIgURES WILL CHANGE WILL ANY CHANGE IN ASSET VALUE. Page 9 IF ADJUSTMENTS ARE REQUIRED, THEY SHOULD BE MADE FIRST FROM THE SALE VALUE OF THE MARITAL HOME AND SECOND FROM HUSBAND'S IRA AND THIRD FROM THE DISTRIBUTION OF WIFE'S PENSION CONTRIBUTION ACCOUNT. THE FOLLOWING AMOUNTS ARE THE AMOUNTS OF THE DEBTS BEING PAID BY WIFE IN HER CHAPTER 13 BANKRUPTCY ~ $0.21 PER DOLLAR: Bank of America Choice Visa $1,714.00 $359.94 $1,667.00 $350.07 Discover Card $2,711.00 $569.31 First USA $4,413.00 $926.73 Home Depot $1,422.00 $298.62 Providian $1,659.00 $348.39 PSECU $750.00 $157.50 PSECU Visa $7,201.00 $1,512.21 Sears $1,821.00 $382.41 TOTALS $23,358.00 $4,905.18 Page 10 II. LISTING OF HOUSEHOLD GOODS AND CONTENTS VALUED IN SECTION I. Plaintiff lists all household goods and contents in which either or both spouses have a legal or equitable interest, individually or with any other person as of the date of separation, the total value of which is specified in Section I. above: MARITAL PROPERTY IN HUSBAND'S POSSESSION 1. Sofa Joint Husband $250.00 2. Recliner chair Joint Husband $25.00 3. 27" color tv Joint Husband $100.00 4. Surround sound Joint Husband $100.00 system 5. VCR Joint Husband $100.00 6. Lamp Joint Husband $25.00 7. King-size Joint Husband $200.00 waterbed 8. Papa-saw chair Joint Husband $50.00 9. Vanity Joint Husband $100.00 10. Gun cabinet Husband Husband $150.00 11. 4 rifles Husband Husband $1,500.00 12. 4 dressers Joint Husband $200.00 13. Computer Joint Husband $500.00 14. Boat motor & Joint Husband $1,500.00 trailer Page 11 15. Tool box, large Husband Husband* $7,000.00 *Tool box is in amount of auto wife's possession. tools and 6 hp She is willing to air compressor give to husband provided that any payment due her as part of distribution is paid. 16. Large chest Joint Husband $200.00 freezer 17. Small chest Joint Husband $50.00 freezer 18. Marble Joint Husband $1,500.00 collection 19. Marble game in Joint Husband $250.00 tin box 20. Wood lathe Joint Husband $150.00 21. Wood planer Joint Husband $150.00 22. Snow blower Joint Husband $300.00 23. Lawn mower Joint Husband $200.00 24. Gas grill Joint Husband $50.00 25. Park bench Joint Husband $50.00 26. Porch furniture Joint Husband $100.00 27 Microwave Joint Husband $300.00 28. Household tools, Joint Husband $1,000.00 drills, saws, etc. 29. Dishes, glasses, Joint Husband $25.00 pots & pans 30. Refrigerator Joint Husband $100.00 Page 12 31. Fishing rods & Husband Husband $200.00 equipment 32. Computer desk Joint Husband $150.00 33. Entertainment Joint Husband $200.00 center 34. Refrigerant Husband Husband $90.00 gauge & hose 35. Wife's personal Wife Husband $0.00 These items are property in van requested by wife including 3 bins of pictures, state parking pass, handicap placard for car pool and legal documents SUBTOTAL HUSBAND'S ~%RITAL PROPERTY $16,865.00 NON-MARITAL PROPERTY IN HUSBAND'S POSSESSION 36. Floor swing Wife Husband $50.00 This was made by wife's father for her. This items should be returned to her. 37. 20 silver Children Husband $200.00 These were given to dollars the children by their grandfather for Christmas. Husband needs to provide them to the children. 38. 4 State Hood Children Husband $100.00 Bought (Gift) for quarter sets the children. Husband needs to provide them to the children. Page 13 39. China closet Husband Husband TBD Husband's pre- marital. Bought from Uncle Henry 40. Antique box with Wife Husband TBD Wife's non-marital silverware came from wife's father's family. Wife wants this item returned to her. SUBTOTAL NON-MARITAL PROPERTY IN HUSBAND'S $350.00 POSSESSION MARITAL PROPERTY IN WIFE'S POSSESSION 41. Sofa & love seat Joint Wife $350.00 42. Accessory tables Joint Wife $150.00 43. 2 lamps Joint Wife $50.00 44. Washer Joint Wife $100.00 45. Dryer Joint Wife $100.00 46. Dining room Joint Wife $350.00 table & chairs 47. Roll top desk Joint Wife $50.00 48. Victrola Joint Wife $50.00 49. Trash compactor Joint Wife $50.00 50. Set of dishes Joint Wife $50.00 51. 19" tv Joint Wife $150.00 SUBTOTAL WIFE'S MARITAL PROPERTY $1,450.00 NON-MARITAL PROPERTY IN WIFE'S POSSESSION 52. Secretary desk Wife Wife TBD Wife's pre-marital 53. Bedroom Wife Wife TBD Wife's pre-marital Page 14 furniture 54. Cedar chest Wife Wife TBD Gift to Wife and made by father 55. Grandfather Wife Wife TBD Gift to Wife and clock made by father 56. Rocking chair Wife Wife TBD Gift to Wife and made by father 57. Armoire Wife Wife $100.00 Gift to Wife from children SUBTOTAL WIFE'S NON-MARITAL PERSONAL $100.00 PROPERTY Page 15 III. NON-MARITAL PROPERTY AND LIABILITIES Plaintiff lists all property and/or debts in which a spouse had a legal or equitable interest or owed as of the date of separation which is claimed to be excluded from marital property or debts by virtue of it being acquired before marriage, after separation or by way of gift or inheritance (for gifts also specify person giving gift): Husband $200.00 Gift to children. 2. ~aStr~etre_ _ sHeO~sd Children Husband $100.00 Gift to children. I 3. ~China closet I Husband Husband TBD Husband's pre-marital I 4_. ~ Sec. retary desk I ~lfe Wife TBD Wife's pre-marital 5. ~r~umre Wife Wife TBD Wife's pre-marital ~ 6. I Cedar__chest I Wife Wife TBD Gift to wife 7. cG~oa!!father. Wife Wife TBD Gift to wife ~ 8_. ~ _Rock~ng chairI Wife Wife TBD Gift to wife I ~i IA.rm°ire. I Wife Wife $100.00 Gift to wife 11. ~i!~; ~X Wife Husband TBD Wife's from Wife'n°n-marital - cames father's a family. Page 16 IV. PROPERTY TRANSFERRED Plaintiff lists all property which was transferred within 3 years of the date of the commencement of this action or was transferred since the date of separation: None Known Page 17 CERTIFICATE OF SERVICE AND NOW, this day of , 2002, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the within INVENTORY, upon the following set forth person, by mailing same by first class mail, postage prepaid, addressed as follows: ROBERT F. GREENE 312 EUTAW STREET NEW CUMBERLAND, PA 17070 James L. McAneny, Esquire P.O. Box 314 310 Third Street New Cu/~berland, PA 17070 Respectfully submitted, Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID #32112 Page 18 EDWARD STOCK, ESQUIRE I.D.#13657 18th Floor 1608 Walnut Street Philadelphia, PA 19103 (215) 893-9322 Attorney for Plaintiff DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. Plaintiff vs. DORY A. DUNLAP Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 02-1420 CERTIFICATE OF SERVICE Edward Stock, Esquire, the attorney for the Plaintiff certifies that on April 24, 2002 he mailed to the Defendant, Dory A. Dunlap, a true and correct copy of the Civil Action Complaint, the original of which was filed with the court on April 8, 2002, by depositing the letter with the United States Postal Service, Certified Mail Receipt No. 7001-2510-0009- 3742-0807 which letter was addressed to the Defendant at the address of 98 Locust Street, Shippensburg, PA 17257. Attached hereto is a copy of the letter dated April 18, 2002 and the original Certified Mail Receipt indicating that the letter was in fact deposited on April 24, 2002 with the United St~. T April 18, 2002 Ms. Dory A. Dunlap 98 Locust Street Shippensburg, PA 17257 Re: Discover Bank vs. Dory A. Dunlap CCP Cumberland County Civil Action-Law No. 02-1420 Dear Ms. Dunlap: Enclosed please find a true and correct copy of a Civil Action Complaint in regard to the above matter, the original of which was filed with the court on April 8, 2002. Please be guided accordingly. Very truly yours, ES/kd Enclosure CERTIFIED MAIL RETURN RECEIPT REQUESTED EDWARD STOCK THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS A/q ATTEMPT TO COLLECT A DEBT ~uND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EDWARD STOCK, ESQUIRE I.D.#13657 18th Floor 1608 Walnut Street Philadelphia, Pa. 19103 (215) 893-9322 Attorney for Plaintiff DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. P.O. Box 6011 Dover, DE 19903-6011 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW DORY A. DUNLAP 98 Locust Street Shippensburg, PA 17257 Defendant (s) NO. 02-1420 PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter Judgment by Default in favor of the Plaintiff, Discover Bank, issuer of Discover Card by its agent Discover Financial Services, Inc., and against the Defendant(s), Dory A. Dunlap, for failure to Answer the Civil Action Complaint. Assess Plaintiff's damages in the sum of $3,5 8.07 in accordance with the prayer of th I hereby assess damages in the sum of $3,548.07 in favor of the Plaintiff, Discover Bank, issuer of Discover Card by its agent Discover Financial Services, II/C. ~ as above. and against the Defendant(s), Dory A. Dunlap, AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: EDWARD STOCK, ESQUIRE being duly sworn according to law, deposes and says: (a) That the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; (b) That Defendant, Dory A. Dunlap, is approximately 40 years of age, resides at 98 Locust 17257, and is self-employed· (c) That Defendant approximately Street, Shippensburg, PA Affiant has , is years of age, resides at , and is a housewife. ascertained the foregoing information by personal investigation and makes this Affidavit in due authority, and he understands that the statements herein are made subject to · Sec. 4904, rela 'ng t~o unsworn falsification to authorities. DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW DORY A. DUNLAP NO. 02-1420 Defendant(s) CERTIFICATION UNDER PA. R.C.P. 237.1 EDWARD STOCK, ESQUIRE, Attorney for Plaintiff, Discover Bank, issuer of Discover Card by its agent Discover Financial Services, Inc., certifies that he sent a copy of the attached Notice on May 21, 2002 by regular mail, to the Defendant(s) at the address at which the Defendant(s) was/were served with a copy of the Complaint by Certified Mail as indicated by the Certificate °f Service fiiii~ DATE: DIS~,OD.VER BANK, ISSUER OF DISODVER CARD BY i~'AG~lV~ DISODVER FINANCIAL SERVICES, INC. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DORY A. DUNLAP TO: Defendant(s) Dory A. Dunlap 98 LOCUst Street Shippensburg, PA 17257 NO. 02-1420 DATE: May 21, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN 10 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOST 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: Court Administrator One Courthouse 'Square 4th Floor ¢arlisle, PA 17013 (717) 240-6200 AVISO IMPORTANTE USTED ESTA EN REBELDIA PORQUE HA FALLADO EN TOMAS LA ACCTION EXIGIDA DE SU PARTE EN ESTE CASO. A MENOS DE QUE USED ACTUE DENTRO DE DIEZ DIAS DE LA FECHA SE ESTE AVISO, SE PUEDE REGISTRAR EN SENTENCIA CONTRA USED, SIN EL BENEFIClO DE UNA AUDIENClA Y PUEDE PERDER SU PROPOEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR AVISO A UN ABOGADO ENSEGUIDA. SI USED NO TIENE UN ABOGADO Y NO PUEDE PAGAR POR LOS SERVIClOS DE UN ABAGADO, DEBE COMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL: SERVICIO DE REFERENCIA LEGAL Court Administrator One Courthouse, Square ~ 4th Floor C~rlisle, PA 1 701 3 (717) 240-6200 EDWARD S 18th Floor 1608 Walnut Street Philadelphia, Pa. 19103 (215) 893-9322