HomeMy WebLinkAbout02-2160TC5 Grantor Trust,
as Assignee of HUDSON UNII'ED BANK, :
Plaintiff
HAROLD R. sHAlq~'NER and
KRISTI sHAFFNER,
Defendants
IN THE COURT OF COIVl2vlON pLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 02-2160
pRAECIPE AND ORDER TO MARK JUDGI~',NT SATISFIED
TO THE PROTHONOTARY:
Please kindly mark the Judgment docketed to the above tcxm and number SATISFIED
OF RECORD.
Date:
Wflham A Calan~
Supreme Court ID # 64355
Forman, Holt & Eliades, LLC
1615 Jack, on Street
Philadelphia, PA 19145
215-925-7191
Attorneys for Plaintiff
BAZELON LESS & FELDMAN, P.C.
A. Richard Feldman, Esquire
I.D. No. 41329
1515 Market Street -- Seventh Floor
Philadelphia, PA 19102-1907
(215) 568-1155
HUDSON UNITED BANK
1845 Walnut Street, 10th Fl.
Philadelphia, Pennsylvania 19103,
Plaintiff,
Attorney for Plaintiff
Hudson United Bank
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL ACTION
TERM 2002
HAROLD SHAFFNER and
KRISTI SHAFFNER
3607 Horsham Drive
Mechaniesburg, Pennsylvania 17055,
Defendants.
PRAECIPE
TO THE PROTHONOTARY:
Pursuant to Pennsylvania Rule of Civil Procedure 3002, enter judgment against the
defendants, Harold R. Shaffner and Kristi Shaffner in the amount of $1,466,879.57, in
accordance with the attached certified copy of ail dockets entries and the certification of amount
of judgments of Docket No. 1788, February Term, 2002 of Philadelphia County, and index said
judgment against the defendants.
Date: May [, 2002
A. Richard Feldman, Esquire
Attorney for Plaintiff
REPORT : ZDRDOCT
USER ID: LAL
First Judicial District
CIVIL DOCKET REPORT
CASE ID 020201788
PAGE 1
RUN DATE 04/24/02
RUN TIME 12:25 PM
CASE NUMBER CASE CAPTION
020201788 HUDSON UNITED BANK VS SHAFFNER ETAL
FILING DATE COURT LOCATION JURY
12-FEB-2002 JD CH N
CASE TYPE: CONFESSION OF JUDGMENT
STATUS: ACTIVE CASE
Seq # Assoc Expn Date Type I__D
1 APLF A41329
2 1 PLF @4438173
3 1 DFT ~4438175
4 1 DFT ~4438177
Party Name / Address & Phone No.
FELDMAN, A. RICHARD
1515 MARKET ST., 7TH FL
PHILADELPHIA PA 19102
(000)568-1155
HUDSON UNITED BANK
1845 WALNUT ST 10TH FL
PHILADELPHIA PA 19103
SHAFFNER, H3~ROLD
3607 HORSHAM DR
MECHANICSBURG PA 17055
SHAFFNER, KRISTI
3607 HORSHAM DR
MECHANICSBURG PA 17055
Filinq Date / Time Docket Entry
12-FEB-02 10:36:21 ACTIVE CASE
12-FEB-02 13:39:48
CONFESSION OF JUDGMENT FILED 1,466,879.57
FELDMAN, A. RICHARD
COMPLAINT IN CONFESSION OF JUDGMENT UNDER PA.R.C.P.
2958 FILED JUDGMENT ENTERED BY CONFESSION FOR THE SUM
OF $1466879.57. ASSESSMENT OF DAMAGES $1466879.57
AVERMENT OF DEFAULT FILED. AFFIDAVIT OF
INCOME/BUSINESS TRANSACTION FILED. AFFIDAVIT OF
NON-MILITARY SERVICE FILED. THIS IS NOT A RETAIL
INSTALLMENT SALES AGREEMENT OF ACCOUNT NOTICE UNDER
PA.R.C.P 236 GIVEN. JUDGMENT IS NOT BEING ENTERED BY
CONFESSION AGAINST A NATURAL PERSON IN CONNECTION WITH
A CONSUMER CREDIT TRANSACTION.
21-MAR-02 15:07:11
SHERIFF'S SERVICE
DEPUTIZED SERVICE OF COMPLAINT UPON KRISTI SHAFFNER BY
SHERIFF OF CUMBERLAND COUNTY ON 01-MAR-02
REPORT : ZDRDOCT
USER ID: LAL
First Judicial District
CIVIL DOCKET REPORT
CASE ID 020201788
PAGE 2
RUN DATE 04/24/02
RUN TIME 12:25 PM
Filing Date / Time
21-MAR-02 15:07:11
Docket Entry
SHERIPF'S SERVICE
DEPUTIZED SERVICE OF COMPLAINT UPON HAROLD SHAFFNER BY
SHERIFF OF CUMBERLAND COUNTY ON 01-MAR-02
* * * End of Docket * * *
Judgment certified in the amount of $1,466,879.57.
A. Richard Feldman
I.D. No. 41329
BAZELON LESS & FELDMAN, P.C.
1515 Market Street -- Suite 700
Philadelphia, PA 19102-1907
(215) 568-1155
Attorneys for Plaintiff
Hudson United Bank
HUDSON UNITED BANK
1845 Walnut Street, 10th Fl.
Philadelphia, Pennsylvania 19103
Plaintiff,
HAROLD R. SHAFFNF_,R and
KRISTI SHAFFNER
Defendants.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL ACTION
TERM 2002
CERTIFICATION OF ADDRESnE~ OF PLAINTIFF AND DEFENDANTS
I, A. Richard Feldman, attOrney for PlaintiffHudson United Bank, hereby certify that the
present address of PlaintiffHudson United Bank is 1845 Walnut Street, loth Fl., Philadelphia,
Pennsylvania, 19103, and that the last known address of each Defendant is as follows:
Harold R. Shaffner and
Kristi Shaffner
3607 Horsham Drive
Mechanicsburg, Pennsylvania 17055
Date: May [, 2002
A. Richard Feldman
Attorney for Plaintiff
CLrRTIS R. LONG
Prothonotary
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
1 Courthouse Square, Carlisle, PA 17013
To:
HAROLD R. SHAFFNER
3607 Horsham Drive
Mechanicsburg, Pennsylvania 17055
HUDSON UNITED BANK,
Plaintiff, :
VS.
HAROLD R. SHAFFNER and
KRISTI SHAFFNER,
COURT OF COMMON PLEAS
(Cumberland Cotmty)
Term, 20__
Defendants.
Notice
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
CURTIS R. LONG
Prothonotary
[] Judgment by Default
[] Money Judgment
[] Judgment in Replevin
[] Judgment for Possession
[] Judgment on Award of Arbitration
[] Judgment on Verdict
[] Judgment on Court Findings
If you have any questions concerning this notice, please call:
Attorney A. Richard Feldman, Esquire , Esquire
(Insert Attorney's Name)
at this telephone number: (215) 568-1155
CURTIS R. LONG.
Prothonotary
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
1 Courthouse Square, Carlisle, PA 17013
To:
KRISTI SHAFFNER
3607 Horsham Drive
Mechanicsburg, Pennsylvania 17055
HUDSON UNITED BANK,
Plaintiff,
VS.
HAROLD R. SHAFFNER and
KRISTI SHAFFNER,
COURT OF COMMON PLEAS
(Cumberland County)
Term, 20__
Defendants.
Notice
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
CURTIS R. LONG
Prothonotary
[] Judgment by Default
[] Money Judgment
[] Judgment in Replevin
[] Judgment for Possession
[] Judgment on Award of Arbitration
[] Judgment on Verdict
[] Judgment on Court Findings
If you have any questions concerning this notice, please call:
A. Richard Feldman, Esquire
Attorney , Esquire
(Insert Attorney's Name)
at this telephone 'number: (215) 568-1155
BAZELON LESS & FELDMAN, P.C.
By: A. Richard Feldman
Attorney I.D. No. 41329
1515 Market Street
Philadelphia, PA 19102-1907
(215) 568-1155
ATTORNEY FOR PLAINTIFF
HUDSON UNITED BANK
Plaintiff,
V.
HAROLD SHAFFNER and KRISTI
SHAFFNER
3607 Horsham Drive
Mechanicsburg, PA 17055
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
MAY TERM 2002
NO. 02-2160
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance on behalf of Hudson United Bank, the plaintiff
in this action.
Date:
A. Richard Feldman
Attorney I.D. No. 41329
Bazelon Less & Feldman, P.C.
1515 Market Street, Suite 700
Philadelphia, PA 19102-1907
F APUB LIC'xDOC S~HUB\TOUCHSTO~PARTF1VE\WithD01 .DOC
FORMAN HOLT & ELIADES LLC
By: William A. Calandra, Esq.
Attomey I.D. No. 64355
1615 Jackson Street
Philadelphia, PA 19145
(215) 925-7191
ATTORNEY FOR PLAINTIFF
HUDSON UNITED BANK
Plaintiff,
V.
HAROLD SHAFFNER and KRISTI
SHAFFNER
3607 Horsham Drive
Mechanicsburg, PA 17055
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
MAY TERM 2002
NO. 02-2160
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalfofTC5 Grantor Trust, the plaintiff in this
action.
Date:
William A. Calandra, ~
FORMAN HOLT & ELIADES, LLC
1615 Jackson Street
Philadelphia, PA 19145
F:~PUBLICXDOCS~IUB\TOUC HSTOhOARTFIVE'xAttv01 .DOC
FORMAN HOLT & ELIADES LLC
By: William A. Calandra, Esq.
Attorney I.D. No. 64355
1615 Jackson Street
Philadelphia, PA 19145
(215) 925-7191
ATTORNEY FOR PLAINTIFF
HUDSON UNITED BANK
Plaintiff,
V.
HAROLD SHAFFNER and KRISTI
SHAFFNER
3607 Horsham Drive
Mechanicsburg, PA 17055
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
MAY TERM 2002
NO. 02-2160
PRAECIPE TO SUBSTITUTE
PLAINTIFF'S NAME AND ADDRESS
TO THE PROTHONOTARY:
Kindly substitute the name of Plaintiff, Hudson United Bank, to that of TC5
Grantor Trust, 355 S. Old Woodward, Suite 270, Burmingham, MI 48009.
Date:
FORMAN, HOLT & ELIADES
William A. Calandra, Esq.
VERIFICATION
I, William A. Calandra, Esquire, hereby certify that I am the attomey for the
Plaintiff in the above-captioned claim and that the statements made in the foregoing
Praecipe to Substitute Plaintiff's Name and Address are tree and correct to the best of my
knowledge, information and belief. This verification is made subject to the penalties set
forth in 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities.
WILLIAM A. CALANDRA, ESQUIREX%
Date:
F:XPUB LIC~)OC ShHUB\TOUCHSTO~PARTFIVE~NAME01 .DOC
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2002-02160 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
TC5 GP3tNTOR TRUST
VS
SHAFFNER HAROLD R ET AL
And now HAROLD WEARY
Cumberland County of Pennsylvania,
to law, at 0012:50 Hours, on the __
as herein commanded all goods, chattels,
moneys of the within named DEFENDANT
SHAFFNER KRISTI
,Sheriff or Deputy Sheriff of
who being duly sworn according
9th day of October 2002, attached
rights, debts, credits, and
, in the
hands, possession, or control of the within named Garnishee
RAYMOND JAMES FINANCIAL SERVICES
3920 MARKET ST
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
MICHAEL A. CHWASTYK (PORTFOLIO MANAGER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
true
and made
the contents there of known to His
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00
R. Thomas Kline
Sheriff of Cumberland County
oo/oo/oooo
Sworn and subscribed to before me
this /¥~J day of ~
~/t~/~ A.D.
...... o
ProthOnotary ' -
By
~p6t9 S h e~rf~
SHERIFF'S RETURN -
CASE NO: 2002-02160 P
COMMONWEALTH OF pENNSLYVANIA
COUNTY OF CUMBERLAND
GARNISHEE
TC5 GRANTOR TRUST
VS
SHAFFNER HAROLD R ET AL
And now HAROLD WEARY
Cumberland County of Pennsylvania,
to law, at 0012:50 Hours, on the __
as herein commanded all goods, chattels,
moneys of the within named DEFENDANT
SHAFFNER HAROLD R
,Sheriff or Deputy Sheriff of
who being duly sworn according
9th day of October 2002, attached
rights, debts, credits, and
hands, possession, or control of the within named Garnishee
HAYMOND JAMES FINANCIAL SVCS 3920 MARKET ST
, in the
CAMP HILL, PA 17055
Cumberland County, Pennsylvania, by handing to
MICHAEL A. CHWASTYK (PORTFOLIO MANAGER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to His
and made
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00
Sworn and subscribed to before me
this /¥~ day of~
~./~ A.D.
Pro~t~6ho~ y '
So answers'
R. Thomas KI:
Sheriff of Cumberland County
oo/oo/oooo
By Deputy,~She '
FORMAN HOLT & ELIADES LLC
By: William A. Calandra, Esq.
Attorney I.D. No. 64355
1615 Jackson Street
Philadelphia, PA 19145
(215) 925-7191
TC5 GRANTOR TRUST
Plaintiffi
V.
HAROLD SHAFFNER and KRISTI
SHAFFNER
3607 Horsham Drive
Mechanicsburg, PA 17055
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
MAY TERM 2002
NO. 02-2160
PRAECIPE FOR WRIT OF EXECUTION
UPON A CONFESSED JUDGMENT
TO THE PROTHONOTARY:
Issue a Writ of Execution upon a judgment entered by confession in the above
matter,
(1) directed to the Sheriff of Cumberland County;
(2)
against Harold Shaffner, 3607 Horsham Drive, Mechanicsburg, PA 17055,
Ss# 159-42-8221 and Kristi Shaffner, 3607 Horsham Drive, Mechanicsburg,
PA 17055, Ss# 182-38-7086 defendant(s)
and
(3)
against Raymond James Financial Services, 4823 East Trindle Road, Suite
200, Mechanicsburg, PA 17055 as garnishee
(4) and index this writ
(a) against Harold Shaffiaer, 3607 Horsham Drive, Mechanicsburg, PA
17055, and Kristi Shaffner, 3607 Horsham Drive, Mechanicsburg, PA 17055
defendants; and
(b) against Raymond James Financial Services, 4823 East Trindle Road,
Suite 200, Mecharficsburg, PA as garnishee, as a lien against the
following property of the defendant:
of any and all accounts in the names of Harold Shaffner, 3607 Horsham
Drive, Mechanicsburg, PA 17055, Ss# 159-42-8221 and Kristi Shaffner,
3607 Horsham Drive, Mechanicsburg, PA 17055, Ss# 182-38-7086.
AMOUNT DUE
INTEREST FROM 2_/13/02
Attorneys Fees
(Costs to be added)
$1_,4466,87~99,57
$_. 33____3.1 O_per diem
$
CERTIFICATION
certify that:
(a) this Praecipe is based upon a judgment by confession, and
(b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to
the filing of this Praecipe as evidenced by a return of service filed of record
FORMAN HOLT & ELIADES LLC
Attorneys for Plaintiff
tS\public\docs~h ub\touchton\partfi ye\forms\02 _2160\praewnt
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OFPENNSYLVANiA) NO 02-2160 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due TC5 GRANTOR TRUST, Plaintiff (s)
From HAROLD SHAFFNER AND KRISTI SHAFFNER, 3607 HORSHAM DRIVE,
MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) Y°u are als° directed t° attach the property of the defendant(s) not levied upon in the possession
of RAYMOND JAMES FINANCIAL SERVICES, 4823 EAST TRINDLE ROAD, SUITE 200,
MECHANICSBURG, PA AS GARNISHEE - OF ANY AND ALL ACCOUNTS IN THE NAMES
OF HAROLD SHAFFNER, 3607 HORSHAM DRIVE, MECHANICSBURG, PA 17055 SS# 159-42-
8221 AND KRISTI SHAFFNER, 3607 HORSHAM DRIVE, MECHANICSBURG, PA 17055 SS#
182-38-7086.
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) Ifpr°perty °f the defendant(s) not levied upon an subject to aRachment 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 $1,466,879.57
Interest FROM 2/13/02 - $333.10 PER DIEM
Atty's Comm %
Atty Paid $33.00
Plaintiff Paid
Date: OCTOBER 4, 2002
L.L. $.50
Due Prothy
Other Costs
$1.00
(Seal)
REQUESTING PARTY:
Name WILLIAM A. CALANDRA, ESQUIRE
Address: FORMAN HOLT & ELIADES LLC
1615 JACKSON STREET
PHILADLEPHIA, PA 19145
CURTIS R. LONG
Prothonotary
Deputy
Attorney for: PLAINTIFF
Telephone: 215-925-7191
Supreme Court ID No. 64355
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED, DUE TO BANKRUPTCY, NO ACTION TAKEN IN
SIX MONTHS.
Sheriff's Costs:
Docketing $ 18.00
Poundage 1.78
Advertising
Law Library .50
Prothonotary 1.00
Mileage 10.35
Misc.
Surcharge 30.00
Levy 20.00
Post Pone Sale
Garnishee 9.00
90.63
Advance Costs: 150.00
Sheriff's Costs: 90.63
59.37
Refunded to Atty on 4/30/03
Sworn and Subscribed to before me
this ~day o
2OO3 A.D. ~~~,.~
So Answers'._ i ,
R. Thomas Kline, Sheriff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF pENNSYLVANIA) NO 02-2160 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due TC5 GRANTOR TRUST, Plaintiff (s)
From HAROLD SHAFFNER AND KRISTI SHAFFNER, 3607 HORSHAM DRIVE,
MECHANICSBURG, PA 17055
(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 RAYMOND JAMES FINANCIAL SERVICES, 4823 EAST TRINDLE ROAD, SUITE 200,
MECHANICSBURG, PA AS GARNISHEE - OF ANY AND ALL ACCOUNTS IN THE NAMES
OF HAROLD SHAFFNER, 3607 HORSHAM DRIVE, MECHANICSBURG, PA 17055 SS//159-42-
8221 AND KRISTI SHAFFNER, 3607 HORSHAM DRIVE, MECHANICSBURG, PA 17055 SS//
182-38-7086.
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; -
of the defendant(s) not levied upon an subject to attachment is found in the possession
(o3f)an~foPe~°oP~er~r than a named garnishee, you are directed to notify h~m/her that he/she has been added asa
garnishee and is enjoined as above stated.
Amount Due $1,466,879.57
Interest FROM 2/13/02 - $333.10 PER DIEM
Atty's Corem %
Arty Paid $33.00
Plaintiff Paid
Date: OCTOBER 4, 2002
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Deputy
REQUESTING PARTY:
Name WILLIAM A. CALANDRA, ESQUIRE
Address: FORMAN HOLT & ELIADES LLC
1615 JACKSON STREET
PHILADLEPHIA, PA 19145
Attorney for: PLAINTIFF
Telephone: 215-925-7191
Supreme Court ID No. 64355