Loading...
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