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HomeMy WebLinkAbout06-2765 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION Plaintiff, CIVIL DIVISION No. CL. -.7ft.S c;u ~f'T~ Vs. JAMES W. KIRKPATRICK and GAYLE 1. KIRKPATRICK Defendant(s) NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, P A 17013 717-249-3166 OR 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, CIVIL DIVISION No. 0(", -;J1/.;S (];u~L 't-02...h---t Plaintiff, vs. TYPE OF PLEADING: Complaint JAMES W. KIRKPATRICK and GAYLE L. KIRKPATRICK TYPE OF CASE: Defendants. Civil Action FILED ON BEHALF OF: Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 HOUSEHOLD REALTY CORPORATION COUNSEL OF RECORD: Defendant's Address: 164 SOUTH ENOLA DRIVE ENOLA, PA 17025 CATHY ANN CHROMULAK, ESQ. P A ill NO. 42067 NANCY C. WILKINS, ESQ. PA ill NO. 94178 JESSA C. MARTIN, ESQ. PA ill NO. 201169 AMY L. SABOLCmCK, ESQ. PAillNO.94653 CHROMULAK & ASSOCIATES, LLC 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, Plaintiff, CIVIL DIVISION No. ()~ - 'J..r-tt..S C!fo~LY~ vs. JAMES W. KIRKPATRiCK and GAYLE 1. KIRKPATRiCK, Defendants. COMPLAINT AND NOW COMES, the Plaintiff, HOUSEHOLD REALTY CORPORATION, by its Attorneys, Chromulak & Associates, LLC, with its Civil Action Complaint, the following of which is a statement thereof: 1. HOUSEHOLD REALTY CORPORATION is a Corporation, duly authorized to conduct business in the Commonwealth of Pennsylvania, with its principal office situated at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff'. 2. JAMES W. KIRKPATRICK and GAYLE 1. KIRKPATRICK are adult individuals residing at 164 SOUTH ENOLA DRiVE, ENOLA, PA 17025. 3. On or about MARCH 20, 2002, Defendants entered into a written Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit A" and incorporated herein. 4. Pursuant to the Loan Agreement with the Defendants, Plaintiff advanced funds to the Defendants. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 5. Defendants are in default under the terms and conditions of the aforementioned Loan Agreement for failing to make payments when due, with the last payment having been made on or about NOVEMBER 1,2005. 6. Pursuant to the terms of the Loan Agreement, Plaintiff has the right to require payment of the entire amount owed upon default. The total amount due, including principal and interest, and owing by the Defendants is in the sum of EIGHT THOUSAND FOUR HUNDRED FIFTY NiNE AND 13/100 ($8,459.13) DOLLARS as of MARCH 29, 2005. 7. Numerous demands have been made upon the Defendants by Plaintiff, but the Defendants have failed or refused to pay. 8. Pursuant to the Loan Agreement, Plaintiff is entitled to recover costs of collection and reasonable attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of EIGHT THOUSAND FOUR HUNDRED FIFTY NiNE AND 13/100 ($8,459.13) DOLLARS, with interest thereon at the rate of 13,99% from MARCH 29, 2005, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, LLC By: !J ~ /J I J1 {~ ~' CATHY ANN C~OMULAK, ESQ. PA!D NO. 42067 NANCY C. WILKINS, ESQ. PA !DNO. 94178 JESSA C. MARTIN, ESQ. PAIDNO.201169 AMY L. SABOLCHlCK, ESQ. PA!D NO. 94653 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg,PA 15317 . '. _ " LOAN REPAVMENT AND SECURITV AGREEMENT (Page I or 3) LENDER (called "We", "Us", "Our") " HOUSEHOLD REALTY CORPORATION P.O. BOX 438 WOOD DALE IL 60191 BORROWERS (called "Vou", "Vour") KIRKPATRICK, GAYLE L SS# 206387909 KIRKPATRICK, JAMES W SS# 208345406 164 S ENOLA DR ENOLA PA 17025 LOAN NO: '/I>" 710997-106'161 DA Tt Of tDAI SECONDARV MORTGAGE LOAN THIS AGREEMENT IS SUBJECT TO THE PROVISIONS Of THE SECONDARY MORTGAGB LOAN ACT YOU ARE GIVING US A SECURITY INTEREST IN THE REAL ESTATE LOCATED AT THE ABOVE ADDRESS. RBQUIRED INSURANCE. You mUlt obtaio i.....raoce for torm ot 1000 _orine .ecurity for this 1004 .. iAdicatod by tho word .YES" below, namiDg us as LOll Payee: Title insuranco aD real estate security. Fire and extended coverap insurance OD. real estate lecuri\l. Physical damage insurance on vehicle listed UDder "Security" above if "Y" appear. uncleI' "Itulured". Physical dam.. insurance On other propert} listed unc10r "Security" above if frY" appean under "Insured-, You may obtain any required insurance from anyono you choose and may ..sign any other policy of wuraftQO you own to cover tho security for this loan. (See "Security" paragraph abovo for desCriptiOD of security to bo inauredJ E: THE F LO ING PA ES C ITI AL C ERMS. (( Q I) PA855931 03-29-00 2ND MTG PHI. S, .3 !<{,Ot.. R, ~.Iq."t. F, !!>.~.Oz..- EXHIBIT ORIGIfol'l J 111.11111111 -~ .", Ii; '-". LOANREP A VMENT AND SECURiTV AGREEMENT (Page 2 or 3) PAYMENT. In return ror your loan described below, you agree to pay us, the Principal and Interest computed at the Contract Rate (as stated on page one). Principal is AmoOnt Financed, plus the Fee. You shall pay US monthly payments, at our business address or other address giveO YOb. If more than one Borrower is named on page one, we may enforce this Contract against all. or any Borrowers, bilt !lot in a combined amount greater than the amount owed. Each payment will be first applied to any Late Charges, tl)en to Interest at the Contract Rate for the actual time outstanding, and the remainder to your unpaid Principal. DATE ON WHICH INTEREST BEGINS. If you do not cancel this loan, the date on which Interest begins, payment dates, and effective date of insurance purchased are postponed by the number or days from this contract's date to date you receive this loan. ' PAY-QUTS. You agree to pay-outs or Amount Financed asl shown on Truth-In-Lending disclosure rorm. Ir pay-outs change because loan closing is delayed, (a) you shall pay additional amounts due at closing, or (b) your cash or check will be reduced to COVer additional pay-outs. PREPAYMENT. You may prepay your lOan at any time. Iryou rully prepay before the final due date, the Points are fully earned when this loan is made, and you will not receiv~ a rerund of that part or the Finance Charge consisting or Points. , LATE CHARGE. We will charge you a late charge ir you &n't pay any payment in full within 15 days after it's due date. The Late Charge is equal to 10% of the Monthly Installg.ent or $20.00, whichever is greater. . BAD CHECK CHARGE. We will charge you a ree or S20lif any payment check is returned because or insufficient funds or is otherwise dishonored. You agree that we may deduct this charge from a monthly payment. SECURITY. If disclosed on page one, you also agree to giV~ us a security in~ in the property identified on page one. You agree to give us a security interest in the real estat~ as described in the MortgagelDeed of Trust. PROPERTYINSURANCR A. YOUR OBLIGATION TO INSURE. You shall keep thejstructures located on the real property securing this loan insured against damage caused by fire and other physical h!lzards, name us as a loss payee and deliver to us a loss payable endorsement. If insurance covering the real property is cancelled or expires while the loan is outstanding and you do not reinstate the coverage, we may obtain, at our option, hazard insurance coverage protecting our interest in the real property as outlined below. B. LENDER'S RIGHf TO PLACE HAZARD INSURANCE. You authorize us, at our option, to obtain coverage on the Property in an amount not greater than the outstanding ,balance of principal and interest on the loan or, ir known to be less, the replacement value or the Property, in the event that you fail to maintain the required hazard insurance outlined above or fail to provide adequate proof or its existence. You authorize us to charge you ror the costs of this insurance and add the insurance charges to your loan. The Iri,surance charges will be added to the unpaid balance or the loan which accrues interest at the Contract Rate. The additicir or the insurance charges due might increase the amount of your final installment. The cost of Lender placed hazard insurance might be higher than the cost of standard insurance protecting the property. The Lender placed insural!ce will not insure the contents of the property or provide liability coverage. The insurance might not be the lowest ~ coverage or its type available and you agree that we have no obligation to obtain the lowest cost coverage. We or' an arfiliated company might receive some benefit (i.e. commission, service fee, expense reimbursement, etc.) rrom the placement of this insurance and you will be charged for the full cost of the premium without reduction ror any: such benefit. If at any time after we have obtained this insurance, you provide adequate proof that you have subseqUently purchased the required coverage, we will cancel the coverage we obtained and credit any unearned premiums to your loan. , NOTICE: THE FOLLOWING PAGE CONT~NS ADDITIONAL CONTRACT TERMS. 03-29-00 2ND MTG PHl PAB55932 ORIGI~ 1.11.'1111111.11111111 . , ' . ;', . ,';;' ~.~;,~ ~i_~ ~~ LOAN REPA YMENT AND SECl:)'RITy,AGREEMENT (Page 3 or 3) "~..,' ~':.~ '.', DEFAULT, If you don't pay on time or tail to keep any required insurance in force, or ir permitted in the event of default under the Mortgage, (I) all your payments may become due at once and, (2) without notifying you before bringing suit, we may sue you for the entire unpaid balance of Principal and accrued Interest and (3) any judgment in our ravor may include our reasonable attorney's fee and court costs as determined by the court. You agree that, should we obtain judgment against you, a portion of your disposable earnings may be attached or garnished (paid to US by your employer), as provided by Pederallaw. You agree to pay interest on any judgment at the Contract Rate. EXCHANGE OF INFORMATION. You understand that rrom time to time we may receive credit information concerning you from others, such as stores, other lenders, and credit reporting agencies. You authorize \IS to share any information, on a regular basis, we obtain related to your Account, including but not limited to credit reports and insurance information, with any or our affiliated corporations, subsidiaries or other third parties. The uses or this information may include an inquiry to determine if you qualify for additional offers of credit. You also authorize \IS to share any information regarding your Account with any of our arriliated corporations, subsidiaries or other third parties. You may prohibit tbe sharing or such information (except ror tbe sharing or inrormation about transactions or experiences between us and you) by sending a written request which contains your rull name, Social Security Number and Address to us at P.O. Box 1547, Chesapeake, VA 23320. If you fail to fulfill the terms of your credit obligation, a negative report reflecting on your credit record may be submitted to a Credit Reporting Agency. You agree that the Department of Motor Vehicles (or your state's equivalent of such department) may release your residence address to us, should it become necessary to locate you. You agree that our supervisory personnel may listen to telephone calls between you and our representatives in order to evaluate the quality of our service to you. .. ". ~ '. INSURANCE. Optional credit insurance and any required insurance disclosures are attached to this Agreement and are incorporated herein by reference. ' ALTERNATIVE DISPUTE RESOLUTION AND OTHER RIDERS. The terms of the Arbitration Agreement and any other Riders signed as part of this loan transaction are incorporated into this Agreement by reference. APPLICABLE LAW, This loan is made under the Pennsylvania Secondary Mortgage Loan Act, Title 7, Purdon's Pennsylvania Statutes. If you do not pay the rull amount of an instalment when it is due, and we intend to foreclose on the Mortgage, we must comply with the provisions of Section 403 and 404 or the Act of January 30, 1974, which is known as Act No.6, and the provisions of the Homeowner's Emergency Mortgage Assistance Act (Act NO.9] of 1983). ANY ADVANCE OF FUNDS PURSUANT TO THIS LOAN REPAVMENT AND SECURITV AGREEMENT AND THE MORTGAGE WHICH SECURES THE AGREEMENT MAY, IN THE EVENT OF ANY DEFAULT, RESULT IN THE LOSS OF VOUR HOME OR OTHER REAL PROPERTY PLEDGED AS SECURITV FOR VOUR LOAN. YOU HA VB RECEIVED A COMPLETE COPV OF THIS AGREEMENT AND. THE TRUTH-IN-LENDING DISCLOSURES. -'WITtJ);!;lll (SEAL) (SEAL) (SEAL) '/~+.~ad 03-29-00 2ND MTG PHl. PA855933 011 I GIIlAL '.1111..11111.11111111 - ~_llrM. ~..,...,. VERIFICATION Linda Szudora, Recover Specialist for HOUSEHOLD REALTY CORPORATION Deposes and says subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities, that the facts set forth in the forgoing Complaint are true and correct to the best of her knowledge, information and belief. ,~L ,b~~ ,f/ Linda Szudora p ~ e fJ ~ <n t en (') ,..., ~ g - U1 c- C7" - ?v ~ s. ::s: ~:!l "'t:\ ,.::.~l ....:2: rf1' <. ::< tI1. ,.."..--,, ~~'i ~ ,," ,> -:/ ~ - .c:. ,< . (I' U1 ..c::. ~< """ ?- ;;::: -0 .--:D '\)" :;.:-~ (" :z: ~O E 5>~i.: .s- om -< --r ~ :2 c::> -f-- C1' -L " . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, CIVIL DIVISION No. 06-2765 - CIVIL TERM Plaintiff, TYPE OF PLEADING: vs. Praecipe for Default Judgment JAMES W. KIRKPATRICK and GAYLE L. KIRKPATRICK, TYPE OF CASE: Civil Action Defendants. FILED ON BEHALF OF: HOUSEHOLD REALTY CORPORATION Plaintiffs Address: 2700 Sanders Road Prospect Heights, IL 60070 COUNSEL OF RECORD: Defendants' Address: 164 SOUTH ENOLA DRIVE ENOLA, P A 17025 CATHY ANN CHROMULAK, ESQUIRE PA ill NO. 42067 LORI M, DIRENZO, ESQUIRE PA ill NO. 201843 NANCY C. WILKINS, ESQUIRE PA ill NO. 94178 JESSA C. MARTIN, ESQUIRE PA ill NO. 201169 AMY L. SABOLCHICK, ESQUIRE PA ill NO. 94653 Dated: JUNE 23, 2006 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg, Pennsylvania 15317 (724) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, ~ TO: PROTHONOTARY Please enter judgment by default against the within-named defendants, JAMES W. KIRKPATRICK and GAYLE L. KIRKPATRICK, for failure to file an Answer as follows: Amount Claimed in Complaint: $8,459.13 Less Payment Received 6/01/06: -300.00 Amount Owed: $8,159.13 Interest from 3/30/06 through 6/23/06: 545.33 Costs of Collection through 6/23/06: 505.70 TOTAL $9,210,16 With interest accruing on the total balance of$9.210,16 at the rate of6% per annum, together with additional costs OfSUi~y AA~ ~ CATHY ANN CHROMULAK, ESQUIRE LORI M. DIRENZO, ESQUIRE NANCY C. WILKINS, ESQUIRE JESSA C. MARTIN, ESQUIRE AMY L. SABOLCHICK, ESQUIRE Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATION OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) ) SS: COUNTY OF WASHINGTON Before me, the ~ed authority, a Notary Public in and for said County and State, personally appeared, \. (J C (Y7 f1 (-h fl , ESQUIRE, attorney for and authorized representative 0 plaintiff who, being duly sworn according to law, deposes and says that the defendant is not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed to defendants on JUNE 12, 2006 by certificate of mailing in accordance withPa.R.C.P. 237.1, as evidenced by the attachedCOPY~ . tf!IIO-1~ CATHY A~ CHROMULAK, ESQUIRE LORI M. DIRENZO, ESQUIRE NANCY C. WILKINS, ESQUIRE JESSA C. MARTIN, ESQUIRE AMY L. SABOLCHICK, ESQUIRE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. U IC Mc:heIe L WdoIa. NcllIy NlIIc CecIITwp.. wasl1ir(jllln~ MyQ"""liI8Icll, ElcpIr8SJUy 7, 200lI Member, Pennsylvonla Association 01 No\IIIIS " . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, CIVIL DIVISION Plaintiff, No. 06-2765 CIVIL TERM Vs. JAMES W. KIRKPATRICK and GAYLE L. KIRKPATRICK, Defendants. TO: JAMES W, KIRKPATRICK 164 SOUTH ENOLA DRIVE ENOLA, PA 17025 DATE OF NOTICE: JUNE 12,2006 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 TIDS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 170 I3 717-249-3166 OR 800-990-9108 By: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. C/\ ANN CHRO NANCY C. WILKINS, ESQ. JESSA C. MARTIN, ESQ. AMY L. SABOLCHICK, ESQ. Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 , u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, CIVIL DIVISION Plaintiff, . No. 06-2765 CIVIL TERM vs. JAMES W. KIRKPATRICK and GAYLE L. KIRKPATRICK, Defendants. TO: GAYLE L. KIRKPATRICK 164 SOUTH ENOLA DRIVE ENOLA, PA 17025 DATE OF NOTICE: JUNE 12,2006 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PA 17013 717-249-3166 OR 800-990-9108 By: JuJa1~ CATHY ANN CHROMULAK, ESQ. NANCY C. WILKINS, ESQ. JESSA C. MARTIN, ESQ. AMY L. SABOLCHICK., ESQ. Attorneys for Plaintiff 375 Southpointe Boulevard 4111 Floor Canonsburg, PA 15317 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INfORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ell '. 1""'-\ ~ ~ ~ ~ ~ ~ , ,- {i <1\ ... <> '" ~ 0 <D a> .... ." <1\ ... '" I'> ~ ~ ? z ~ ,ic ..3 "i o 19- ~ i '\ H ;'" fi -0 Iii -r" -s! %- ~~ ",i ~~ ~'" '&.~ "'r" ~o ..-+: .3 ~'" ~~ a~ g~ "i: r' '" 19- ~% ~~ z ~ if ~% ~,. i ",2 ;>'IJJ \ll~ !? ;e ~~ ,." ~ ~z i - ~g '" i5~ '" ~~ ::; " <~ ~ ~ ~ \ w :!" .. ' -:3 ~ ~ :iJ l ~ 0 ~ r" i r !.: ~ I i f?> '" .. "' ;e ~ c:: i t ,. :g I g. i ~ - - ~... . i ~ ..., ..., "' .. 2- ~ 0:> S ,. ,. I to.> :y ~ V> V> ::; - I ..., 1 ~. 00 t . 00 -# ... ... 00 iO ll' .~ ~ 0. .. i U\\~\i lil \;' ~"H\ ai{lrhi lh~"\ Ihf iil\ -gsi. IhljU I it ~ l '~.l ." g5,. -I rlriW )'1 C" i~\, ell:' .CI.t.., lJ !:c ~Q. tIt .. . ~ ....~ i1t'r ,," JlI J%l\ i il- l' ~ {h i " r~... ! !ti~ 3 r;: ~, ,.~". ~ UhU ..j' ~.~I ..l'1 r"'~ ,.1 -'" ~ 3 ~ I i ("') ~ (l '" a ~ ;:;l)o t" ~ ~g~ "'@~~~ ...,..t9> r"O;;;~ ~~~~ ",r"("') '<~;;: tl ~ . t."'i ~ ~ . ~ 1 !i t ~ ~ 51 ! -: a "II ! t" r- ~ iil '&.!~ a" !? 3 ~" J,.,:' *" J \"oJ II--t,).';l ,.. I ... :1 UNt1E.o "t?:~.. ~I \,1) ..,,~~ Cr.1 I."J "'., 1.,., ~\ r;,:l ,.,J ::;;, ;.: c~~-lQ. ~,.t~ - ...... .... ~ rrj~-v ~e~P: ~ ~ --I:- 1-..) c~., ('"') ~~;.~ ~~I c. ::;:! (. fi;:TJ . r r<) . ~~; c-\ -n (.~) CJ . ' . 'I' , , ni , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, CIVIL DIVISION No. 06-2765 - CIVIL TERM Plaintiff, vs. JAMES W. KIRKPATRICK and GAYLE L. KIRKPATRICK, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: JAMES W, KIRKPATRICK 164 SOUTH ENOLA DRIVE ENOLA, PA 17025 (X) Defendant You are hereby notified that1an Order, Decree or Judgment was entered in the above captioned proceeding on.... '-' I . \ p_ ;;J L. ( :;). (Y')f.. . () A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $9.210.16 plus interest at the rate of6% per annum and additional costs of suit. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, . . . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HOUSEHOLD REALTY CORPORATION, CIVIL DIVISION No. 06-2765 - CNIL TERM Plaintiff, vs. JAMES W. KIRKPATRICK and GAYLE L. KIRKPATRICK, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: GAYLE L, KIRKPATRICK 164 SOUTH ENOLA DRIVE ENOLA, PA 17025 (X) Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ...], J . '12_ :2L { :JN~. ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $9.210,16 plus interest at the rate of6% per annum and additional costs of suit. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, Plaintiff, CIVIL DIVISION No, 06-2765-CIVll., vs, TYPE OF PLEADING: JAMES W. KIRKPATRICK and GAYLE L. KIRKPATRICK, Praecipe to Discontinue Against Garnishee ONLY Defendant, and TYPE OF CASE: COMMERCE BANK, Civil Action Garnishee, FILED ON BEHALF OF: HOUSEHOLD REALTY CORPORATION Plaintiffs Address: 2700 Sanders Road Prospect Heights, ll., 60070 COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PAID NO. 42067 MAUREEN A. DOWD, ESQ. PAID NO. 90549 LORI M. DIRENZO, ESQ. PA ID NO. 201843 AMY L. SABOLCHICK, ESQ. PAID NO. 94653 ANNA M. BONARRIGO, ESQ. PAID NO, 202070 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg, P A 15317 (724) 916-2400 THIS IS AN AlTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. . .~ " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HOUSEHOLD REALTY CORPORATION, Plaintiff, CIVIL DIVISION No. 06-2765-CNIL vs. JAMES W, KIRKPATRICK and GAYLE L. KIRKPATRICK, Defendants, and COMMERCE BANK, Garnishee. PRAECIPE TO DISCONTINUE AGAINST GARNISHEE ONLY TO PROTHONOTARY: Please discontinue this action against the above garnishee, COMMERCE BANK and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.c. By:~dxt~ CATHY C MULA}{, ESQUIRE MAUREEN 1\. DOWD, ESQUIRE LORI M. DIRENZO, ESQUIRE AMY L. SABOLCHICK, ESQUIRE ANNA M. BONARRIGO, ESQUIRE Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, P A 15317 Sworn to and subscpbed Be~e this I day of ~' ,2006. :J ot libVolota. NotarY QdTwp" Was~CclJty . MyOOmmissio(l ExPires J~7. 2008 Member, Pennsytvarl!a Association Of Notaries THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. '1"4... .. CERTIFICATE OF SERVICE I, counsel for HOUSEHOLD REALTY CORPORATION, hereby certify that a true and correct copy of the foregoing Praecipe to Discontinue Against Garnishee Only was served upon the following by First Class Mail, postage prepaid on this 1 st day of September, 2006. COMMERCE BANK 742 WERTZVILLE ROAD ENOLA, P A 17025 JAMES W. KIRKPATRICK GAYLE L. KIRKPATRICK 164 SOUTH ENOLA DRIVE ENOLA, P A 17025 Cathy Maureen . Dowd, Esq. Lori M. DiRenzo, Esq. Amy L. Sabolchick, Esq. Anna M. Bonarrigo, Esq. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .. .,,-''*V i -iQ. ~ 0 0 = ." iO Y1 = c cro :1..., ~-: (/) ~ ~ rt'l rl1F -0 -rJG I -:-~1 ~r~ - 0:> '~l.(~:!' "- -l: ~ .." ,~~ ~:A ~ t6 \. ..,..iJ" , c,o ';:' ~ ,.- 'J;J lI) 1- ~7 ~ ::2 CI :< r~ ~ t 11 '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HOUSEHOLD REALTY CORPORATION, CIVIL DIVISION Plaintiff, No. 06-2765-CNIL TERM vs. TYPE OF PLEADING: JAMES W. KIRKPATRICK and GAYLE L. KIRKPATRICK, Defendants, PRAECIPE FOR A WRIT OF EXECUTION and FILED ON BEHALF OF: COMMERCE BANK, HOUSEHOLD REALTY CORPORATION Garnishee. COUNSEL OF RECORD: Plaintiffs Address: 2700 Sanders Road Prospect Heights, IL 60070 CATHY ANN CHROMULAK, ESQ. P A ill NO, 42067 LORI M. DIRENZO, ESQ. PA ill NO. 201843 AMY L. SABOLCHICK, ESQ. P A ill NO, 94653 ANNA M. BONARRIGO, ESQ. PA ill NO. 202070 Defendants' Address: 164 SOUTH ENOLA DRIVE ENOLA, P A 17025 Garnishee's Address: 742 WERTZVILLE ROAD ENOLA, P A 17025 CHROMULAK & ASSOCIATES, L.L.C. Date: AUGUST 7, 2006 375 Southpointe Boulevard 4th Floor Canonsburg, P A 15317 (724) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. I,.... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HOUSEHOLD REALTY CORPORATION, CIVIL DIVISION Plaintiff, No. 06-2765-CNIL TERM vs, JAMES W. KIRKPATRICK and GAYLE L. KIRKPATRICK, Defendants, and COMMERCE BANK, Garnishee, PRAECIPE FOR WRIT OF EXECUTION TO: The Prothonotary Please issue a Writ of Execution in the above matter, 1, directed to the Sheriff of CUMBERLAND County; 2. against JAMES W. KIRKPATRICK, defendant, and 3, against GAYLE L. KIRKPATRICK, defendant, and 4, against COMMERCE BANK, garnishee, 5, and index this writ a, against JAMES W. KIRKPATRICK, defendant, and b. against GAYLE L. KIRKPATRICK, defendant, and c. against COMMERCE BANK, garnishee, and any property of the defendant in the name of Garnishee: Said Writ of Execution is pursuant to all monies due defendants in any accounts. individual and ioint. personal and business. 6. Amount of Judgment Additional Interest to Date (Costs to be added) $9,210.16 $ 64.68 $ Pursuant to Writ of Execution And Service of Writ $9,274.84 ~13? .. YTIIY ANNCHROMUL~ LORI M. DIRENZO, ESQ. AMY L. SABOLCHICK,ESQ, ANNA M. BONARRIGO, ESQ, [THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~ :r: (:) ~ ~1-~~ ~}~~ ~~L~ ~ t ~ ~ \J r ~ ~ r - w 1t..~ ...0 . . p v,c> 0 CO \ l'~ - )' - '" -lQ.. ~.{)<tA~~~ V\ b .~ 0 )..> . ~ ceocov \ ' \ \ ' ~ -~--~~ -....- -+(- : : :. :: ~1: .~ , (') ~ -on:' mt).' z..;.., zc f":!),J, ~C: 2:~); y-- c ~ - ~ ~ ~ ~ ~::P G") --o}; \ :o~ -..D c..',) ::">'_1 -0 :c -,.; 0('''' :J'Zm ~ 9 N ~ -..l .----- ~ 't.._..... WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2765 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD REALTY CORPORATION, Plaintiff (s) From JAMES W. KIRKPATRICK AND GAYLE L. KIRKPATRICK, 164 SOUTH ENOLA DRIVE, ENOLA, P A 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 724 WERTZVILLE ROAD, ENOLA, PA 17025 - ALL MONIES DUE DEFENDANTS IN ANY ACCOUNTS, INDIVIDUAL AND JOINT, PERSONAL AND BUSINESS. GARNISHEE(S) as follows: and to notify the garnishee{s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the accoWlt of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is fOWld in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $9,210.16 Interest TO DATE - $64.68 Atty's Comm % Atty Paid $139.20 Plaintiff Paid Date: AUGUST 9, 2006 L.L. $.50 Due Prothy $1.00 Other Costs ~ (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name ANNA M. BONARRIGO, ESQUIRE Address: CHROMULAK & ASSOCIATES, L.L.C. 375 DOUTHPOINTE BOULEVARD 4TH FLOOR CANONSBURG, PA 15317 Attorney for: PLAINTIFF Telephone: 724-916-2400 Supreme Court In No. 202070 r - ,_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, CIVIL DIVISION Plaintiff, No. 06-2765-CIVIL TERM vs. TYPE OF PLEADING: JAMES W. KIRKPATRICK and GAYLE L. KIRKPATRICK, Praecipe to Satisfy Judgment Defendants. TYPE OF CASE: Civil Action FILED ON BEHALF OF: Plaintiffs Address: 2700 Sanders Road Prospect Heights, IL 60070 HOUSEHOLD REAL TY CORPORATION COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ill NO. 42067 AMY L. SABOLCHICK, ESQ. PA ill NO, 94653 ANNA M. BONARRIGO, ESQ. PA ill NO, 202070 CHROMULAK & ASSOCIATES, L.L.c. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORA nON, CIVIL DIVISION No, 06-2765-CIVIL TERM Plaintiff, vs. JAMES W. KIRKPATRICK and GAYLE L. KIRKPATRICK Defendants. PRAECIPE TO SATISFY JUDGMENT TO PROTHONOTARY: Please satisfy the judgment against JAMES W, KlRKP A TRICK and GAYLE L. KIRKPATRICK, at No. 06-2765-CIVIL TERM, and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By: CAT ANN CHR PA ill NO, 42067 AMY L. SABOLCHICK, ESQ. PAID NO, 94653 ANNA M. BONARRIGO, ESQ. PA ill NO, 202070 Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, P A 15317 Sworn to and subscribed Before me this ) elk-- day of ~ ,2006. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Notary Public OOMMONWEAlTH Off PENNSYLVANIA Notarial Se8I Hea1her L HatlIefd, Notary Public CecIl Twp., wasIW1gton COU1ty MyCorrmisSion Exp!rea June 29 2010 M ' ember, Pennsylvania Association of Notatles CERTIFICATE OF SERVICE I, counsel for HOUSEHOLD REALTY CORPORATION, hereby certify that a true and correct copy of the foregoing Praecipe to Satisfy Judgment was served upon the following by First Class Mail, postage prepaid on this 18TH day of SEPTEMBER, 2006. JAMES W, KIRKPATRICK and GAYLE L. KIRKPATRICK 164 SOUTH ENOLA DRNE ENOLA, P A 17025 athy Ann Chrom ak, Esq. Amy L. Sabolchick, Esq, Anna M. Bonarrigo, Esq. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~ '"0 OJ ron, 7:r ~r.; ~-:," ~-", ~c: '):>: c:. ~C' "..-c: ~ ~ ~ ~ -0 N o -0 :s: r:-? w CJ:; ~ ~:n -oFG :ot:? ~Qi C-n (J-' z~ sa ~ Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 18.00 1.84 .50 1.00 13.20 30.00 20.00 9.00 93.54 ./ '~~~~~~ Advance Costs: 150.00 Sheriffs Costs: 93.54 $ 56.46 Refunded to Atty on 09/12/06 q<:2JvOe,Ov ,..>~~ R. Thomas Kline, Sheriff cjfl/lA,-_ ~}/ By C1ali'dTaX. Brewbaker d n \ :\(W ~~~l t. \ :t. .. '; ", ,',' '\ '(,-:: ;.~d V~~\~ . :, . \ \ \"\ \i..l::: '-',".! (J ':n \.:\ .J .j "L\ I'~ Ilf' ; \ \1 .. . :L1 \ ~ ?H'\ 'J :., .~ " rru Ie Ie' ~\ .0) ,,' : \:) " \.; ~ ('\ ~ \ .1 l.sD t.n. 6'5463 R...v. 113)).1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2765 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD REALTY CORPORATION, Plaintiff (s) From JAMES W. KIRKPATRICK AND GAYLE L. KIRKPATRICK, 164 SOUTH ENOLA DRIVE, ENOL A, P A 17025 (1) You are directed to levy upon the property of the defendant (s )and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 724 WERTZVILLE ROAD, ENOLA, P A 17025 --- ALL MONIES DUE DEFENDANTS IN ANY ACCOUNTS, INDIVIDUAL AND JOINT, PERSONAL AND BUSINESS. GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $9,210.16 Interest TO DATE - $64.68 Arty's Comm % Arty Paid $139.20 Plaintiff Paid Date: AUGUST 9, 2006 L.L. $.50 Due Prothy $1.00 Other Costs I ~A.A (!~~- 0 CURTIS R. LONG (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name ANNA M. BONARRIGO, ESQUIRE Address: CHROMULAK & ASSOCIATES, L.L.C. 375 DOUTHPOINTE BOULEVARD 4TH FLOOR CANONSBURG, PA 15317 Attorney for: PLAINTIFF Telephone: 724-916-2400 Supreme Court ID No. 202070 " SHERIFF'S RETURN - REGULAR ( CASE NO: 2006-02765 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS KIRKPATRICK JAM~S W ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the with~n COMPLAINT & NOTICE was served upon KIRKPATRICK JAMES W the DEFENDANT , at 1430:00 HOURS, on the 22nd day of May 2006 at 164 SOUTH ENOLA DRIVE I ENOLA, PA 1702$ GAYLE L KIRKPAtRICK, WIFE by handing to a true and att~sted copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 13.20 .00 10.00 .00 41.20/ r"~~~ R. Thomas Kline OS/23/2006 CHROMULAK & ASSOCIATES ~ 1-/7'Ol, By, Zitt, U Deputy Sheriff 'I. .. SHERIFF'S RETURN - REGULAR CASE NO: 2006-02765 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS KIRKPATRICK JAMES W ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KIRKPATRICK GAYLE L the DEFENDANT , at 1430:00 HOURS/ on the 22nd day of May 2006 at 164 SOUTH E~OLA DRIVE ENOLA, PA 17025 by handing to GAYLE L KIRKPAtRICK a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 ,00 10.00 .00 16.00/ Qv. '1/1")/0(, So Answers: .~~<-:!<, ~.ld~-f'" R. Thomas Kline OS/23/2006 CHROMULAK & ASSOCIATES By, ~ 6L - Duty Sheriff SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-02765 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS KIRKPATRICK JAMES W ET AL And now CPL. TIMOTHY REITZ ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:52 Hours, on the 17th day of August , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT KIRKPATRICK JAMES W , In the hands, possession, or control of the within named Garnishee COMMERCE BANK 724 WERTZVILLE ROAD ENOLA, PA 17025 Cumberland County, Pennsylvania, by handing to STEPHEN SILCOX (TELLER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His . .00 .00 .00 .00 .00 .00,/ Sworn and SUbscribe;!~~&~' 08/18/200~ ?ft---- before me this day of By _~:~ ~ - - D7uiy Sher' ff A.D Sheriff's Costs: Docketing Service Affidavit Surcharge So :ns~ ~~~~~.~ R. Thomas KI ine . Sheriff of Cumberland County SHERIFF'S RETURN - GARNISHEE .. CASE NO: 2006-02765 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS KIRKPATRICK JAMES W ET AL And now CPL. TIMOTHY REITZ ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0007:24 Hours, on the 17th day of August , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT KIRKPATRICK GAYLE L ln the hands, possession, or control of the within named Garnishee COMMERCE BANK 724 WERTZVILLE ROAD ENOLA, PA 17025 Cumberland County, Pennsylvania, by handing to STEPHEN SILCOX (TELLER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His . .00 .00 .00 .00 .00 .00v 08/17/2006 So?~~p Sheriff's Costs: Docketing Service Affidavit Surcharge R. Thomas Kline Sheriff of Cumberland County 9, ,!:5.btr Sworn and Subscribed to L~ day of By ~' - ;:~- ~y ~he ff before me this A.D