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HomeMy WebLinkAbout02-4396BELCO COMMUNITY CREDIT UNION Plaintiff vs. H. SAMUEL DOUGHERTY, III VIRGINIA B. DOUGHERTY Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION-LAW NO: Oa -- NOTICE 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. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 BELCO COMMUNITY CREDIT UNION Plaintiff VS. H. SAMUEL DOUGHERTY, III VIRGINIA B. DOUGHERTY Defendant(s) : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW COMPLAINT COUNT I Plaintiff is Belco Federal Credit Union, hereinafter referred to as "BELCO", a Pennsylvania Corporation with an office at 403 N. 2nd Street, Harrisburg, Dauphin County, Pennsylvania 17108. H. Samuel Dougherty, with an address at Pennsylvania 17070. III a Defendant, 1786 Weatherburn is an adult individual Drive, New Cumberland, 3 o Virginia Dougherty, a Defendant, is an adult individual with an address at 1786 Weatherburn Drive, New Cumberland, Pennsylvania 17070. Defendants opened a Line of Credit with Plaintiff pursant to the Application dated June 1, 2000, which is attached hereto, marked Exhibit A and made part hereof. Defendant's delinquent balance on the account is $7927.09. Because of Defendant's failure to make monthly payments and in accordance with the standard Security Agreement, a copy which is attached hereto, marked Exhibit "B" and made part hereof, Defendant owes an attorney commission of $1189.06 for a total of $9,116.15. Defendants have failed and refused to bring their account current. 8 o Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff requests entry of judgment against both Defendants, in the amount of $9,116.15 together with costs of suit thereon. Date: Respectfully, Submitted, Arthur M. Feld, Esquire Attorney I.D. No. 07172 1309 Bridge Street New Cumberland, PA 17070-1116 (717) 770-0292 Attorney I.D. # 07172 Advance Request Voucher and Security Agreement 1 ' f~MRI=I~ INF~RMATION DATE OF ADVANCE MEMBER ACCOUNT NUMBER 06/01/00 734670 L 6 , Form 4o3 N. Semnd Stree~ ~37-0125-4 ~r RD. B~ 82 ~ ~ Ha~sburg, PA 17108 .~dit Union P.O. Box 82 (717)720-6251 Fax - (717) 720.6214 17108-0082 SOCIAL SECURITY NUMBER HOME T~ZEPHONE NUMBER 3966850 1-8oo-~42-44~ S A M U E L D0 UG FI ER T Y ADVANCE SUBJECT TO THE TERMS AND CONDITIONS OF YOUR 0. 00 126 ~AKEFIELD RD APl .D LINE-OF-CREDIT ecked below CHECK BOX IF SECURITY OFFERED IIF ANY) RR I SBUR6 PA 17109 ~H~NOE~.~S,~ NE OF CRED I T: SIG ,ys after the lisciosed that your original LIST ALL DEBTS: (i e R~I Morlgage. Au o. C ~i1 Cards. Credit Union. Alimony' etc) A~ACH ADDiTiONAL SHEET i~ NECESSARY PRESENT 8A~NCE MONTHLY PAYMENT ~ ~edule e e MARITAL STATUS - ~ NOT COMPLETE IF APPLYING FOR INDIVIDUAL UNSECURED CREDIT UNLES~ YOU RESIDE e IF YOU ARE WORKING' NAME AND ADDRESS OF NEW EMPLOYER NEW ~SITION 'L~ NOTICE: YOU DON'T HAVE TO iNCLUDE INCOME FROM DATE HIRED MONTHLY SALaRy $ DATE OF EIRTH PHONE NO. ~ NET ~] GROSS OTHER MONTHLY INCOME $ Life insurance SOURCE OF OTHER INCOME CHILD SUPPORT. SEPARATE MAINTENANCE. OR ALIMONY UNLESB YOU WAN~' THE CREDIT UNION TO CONSIDER IT. IN ADDITION TO THE PLEDGE OF SHARES IN YOUR LOANLINER® CREDIT AGREEMENT. THE FOLLOWING PROPERTY SECURES THE ADVANCE: PROPERTY MODEL YEAR I D. NUMBER TYPE VALUE OTHER (DESCRIBE) OP PROPERTY: ACCOUNT NC{S). PURCHASE ~._~...L.[NO LOCATION OF PROPERTY: MONEY; ~ ~-~ LOAN LIMIT J36301 13. 2500 AMOUNT APPROVED OTHER CHARGES AMOUNT ADVANCED PREV. LOANLINER~ ~ALANCE OTHER LOANS NEW BALANCE , o.oo +,o.oo = $ 0.00 7,033.51 $ 0.00 CURRENT PUT DATE DUE PUT AFTER ADVANCE DATE DUE PUT FREQUENCY TOTAL PUT ALL ACCTSREMAINING LIMIT o.oo o7/15/oo PROJECTED LOAN TERM FOR INSURANCE: MONTHLY $ $ 966.49 APPROXIMATELY 72 MONTHLY PAYMENTS ·~l~ld&l'l IR~: SIGN ~ r~ ~Y SIGNING BELOW OR UNDER THE ENDOrseMENT ON THE ADVANCE P,~Ot,~:~u$ CHECK YOU AGREE: IF YOU ARE NOT A TO MAKE AND BE BOUND BY THE TERMS OF THE SECURITY AGREEMENT. BORROWER BUT AN THAT EVERYTHING IN SECTION 2 IS A COMPLETE LISTING OF ALL YOUR DEBTS AND OBLIGATIONS. OWNER OF THE THAT THE CREDIT UNION WILL RELY ON THE INFORMATION IN SECTION 2 TO MAKE A DECISION ON THIS ADVANCE. COL~TERAL, SIGN TO MAKE PAYMENTS A~ DISCLOSED IN SECTION 4. TO THE TERM(S) DISCLOSED BELOW IF ANY ONE OR MORE ITEM(S) ARE CHECKED, BELOW AND CHECK THE YOU ARE RECEIVING YOU ARE PLEDGING SHARES FOR THE AMOUNT ~A CASH/CHEC~ ADVANCE. ~ SHOWN IN THE SECURI~ OF~CH:U SECTION APPLICABLE BOX. THE CHANGE IN THE TERM(S OF YOUR LOANLINER ~ AGREEMENT MARKED WITH TURE ~ OWNER OF COL~TERAL (Other ~han a ~orrower~ DATE SIGNATURE ~ OWNER OF COL~TERAL O~her Ihan a Borrower)DATE FOR CREDIT UNION USE ONLY ~INST INSUSANCE ~nEomT ~ $0 NT PAYnOLL AUTOMATIC INTERNALLY SUBSEQUENT J/~ ~INGLE , ARy ONTRACT NUMBER LOAN NUMBE~ REFERENCE NUMBER nderstand that ment. )) Delco Corem CU ~ ned 1099 BRANCh_U;DER P~_~ 11/01/99 734670 L 6 213966850 Advance Request Voucher and Security Agreement  H ardsbun], PA 17108 1-800-642-4482 n Form 037-0125-4 {redit Union PO. Box 82 17108-0082 H SAMUEL DOUGHERTY ^ND CONDITIONS OF YOUR LOANUNER® CREDIT AGREEMENT $ 7,300. O0 3226 WAKEFIELD RD APT D LINE-OF-CREDIT I1~ i~ STATE ZIP CHECK BOX IF ~ SECURITY OFFERED (IF ANY) NEW AODRESS HARRISBURG PA 17109 O..,ONE.O LINE OF CREDIT:SIG II ST ALL DEBTS: (ia, Rent Mortgage, Auto, CteOit Cards. Credil Union. Alimony, ere } A'crAcH ADDITIONAL SHEET IF NECESSARy PRESENT BALANCE MONTHLY PAYMENT ~,RiTA L STATUS - DO NOT COMPLETE iF APPLYING FOR INDIVIDUAL UNSECURED CREDIT UNLESS YOU RESIDE ~ ARE RELYING UPON PROPERTY IN A COMMUNITY PROPERTY STATE (AZ. CA, ID, LA. NV. NM. TX, WA WII YOU ARE WORKING, NAME AND ADDRESS OF NEW EMPLOYER NEW POSITION 3ecked below ays aflerthe ~isclosed that your original mdule e e e DATE HIRED MONTHLY SALARY ~ PHONE NO. ~NET ~GROSS OTHER MON?HLYINCOME $ OTtCE: YOU DON'T HAVE TO INCLUDE INCOME FROM HILD SUPPORT, SEPARATE MAINTENANCE, OR LIMONY UNLESS YOU WANT THE CREDIT UNION TO ONSIDER IT SOURCEOFOTHERINCOME DATE OF BIRTH ~LEDGE OF SHARES ~ PRIMARY USE OFPROPERTY: PURCHASE ~CCOUNT NO(S). MONEY: 4 PAYMENT TERMS )AtLy PERIODIC RATE ANNUAL PERCENTAGE RATE  _t PERSONAL~ ~]USINESS I I FARMING KEY NO; YES I INO LOCATION OF PROPERTY: INTEREST RATE IS: OTHER CHARGES (DESCRIBE) 0/0 ~ FIXED j~ VARIABLE AMOUNT ADVANCED PREV, LOANLINER~ BA~NCE 0.00 ~ 7,300-00 s 0.0o* PMT A~ER ADVANCE DATE DUE PMT FREQUENCY 1~g 12/15/~q .nNTHi y .032849 11.9900 ~MOUNT APPROVED OTHER CHARGES 2,396.02t ;URRENT PMT DATE DUE 0.00 PROJECTED LOAN TERM FOR INSURANCE: LOAN LIMIT OTHER LOANS NEW BAL~N~'"' ~. QNq. QR$ 7 REMAINING ~ s N NN .ire insurance derstand that ted APPROXIMATELY 72 MONTHLY PAYMENTS I ^I $H'O"EC"DYA.CE HOWN.N TH.E R'TY O "ERED"DT'ON. A REEMENT MAR.D TAR , 6 FOR CREDIT UNION USE ONLY INTERNALLY ~ SUBSEQUENT / ~ SINGLE MILITARY OA-NLIH _ . PPLICATION .EASE PRINT (IN INK) OR 3~fPE INSTRUCTIONS,' 1. Read nil documenls. 2. Complele Ibis appgcalion for credil and sign all slgnal,.Ire areas on tile reverse side, ~ 3. Altach a copy of your mosl recenl pay slub. 4. Mail or bring your apphcalion Io your credit union office. ADVANCE/LIMIT fl£OUESTED $ LOANLINER® Account E:] Secured Advance (Auto, Boat. elc.) E] Signature Advance $ L3 Overdraft Line el Credil (Checking) $ [Z] Olher $ E] Audio Response Repayment: E] Payroll []Cash []Automatic Paymenl [] Militap/AIIotmenl 403 N. 2nd Slreol Harrisburg, PA 17108 (717) 23-BELCO [] FOR VISA APPLICANTS ONLY ADVANCE/LIMIT REOUESTEO $. If you are applying for a VISA account and wish Io have Iwo {2) or more cards issued. [ hack IIi appropriale box(es) below. E] Please issue an additional card (with Ihe same VISA nnmber as mine) in the name of Ihe co-applicant who completed and signed this application. (S)he is a member of the credit union on Ihe same accoun, which complies wi h Federal Credit Union r~ qulubons. NOTE AND COMPLETE NOTICE: Married Applicanls may apply for a separale account. Check the appropriate tr.~x below Io indicate the type el credit lot which you are applying. [] Individual Credit: Complete Applicant seclion. Complele olher section as Iollows: (fl rnlormafion about your spouse if you live in a community property slale (AZ. CA. ID. LA. NM. NV. TX. WA. WI) or il your spouse will use Ihe Accounl. (2) Informal,m abmd lhe parly making Ihe payments if you are retying on alimony, spousal supped, child supped or separale/spousal maintenance as a basis for repayment. [] Joinl Credih Provide information about bolh of you by completing Applicanl and Co Applicant seclions. APP£1CANT CO-APPLICANT, SPOUSE THESE QUESTIONS APPLY TO BOTH APPLICANT & CO-APPLICANT PLEDGE OF ACCOUNTS IT IS IMPORTANT THAT YOU READ ALL THE PROVISIONS OF THE CONTRACT AND ADDENDUM THOROUGHLY BEFORE YOU SIGN BELOW. ~nowledge and that the above mlomtalion is a complete listing el a(I your debls ami obhgations. Cfedil Unions insured by NCUA In-this agreement all references to "credit union' maao the credit union whose name appears on this agreement and anyone to whom the credit union assigns the LOANLINER~"' Credit Agreement, All references to 'rthd advance' "mean the amount in the box labeled "New Balance" Ail references to "you" mean each person who signs this agreement· THE SECURITY"FOR THE LOAN -- By signing this security agreement in the s~gnature area or under the s~atement referring to this agreement which is on the back ol the check you receive for the advance, you give the credit unido what is known as a secunty reforest in the property described in the "Securfty Offered section The security interest you give includes all accessions Accessions are things which are attached to or installed in the property now or ~n the !utgre. The security interest also includes any replacements for the proper~ ,vhich you COy within 10 days Ct the advance or any extensions, renewals or refitmnc]ng of the advance rt also includes any money you receive from selling the property or from insurance you have on the property [f the value of the property declines ~rou promise to give the credit union more property as securny if asked to do so WHAT THE SECURITY INTEREST COVERS --The secunty interest secures the advance and any extensions renewals or refinancings of the advance it also secures snv o~her advances you have now or receive m the future under the LOANLINEB Credit Agreement and any other amounts you owe the credit union for any reason now or m the future If the property description is marked with two stars (*-~ or the proper~y ~s household goods as defined by the Credit P~ectice Rule, the properiy Will secure only the advance and not other amounts you owe OWNERSHIP OF THE PROPERTY -- You promise that you own the prop~rty, or if this advance is to buy the property, you promise you will use the advance for that cureose You promise that no one else has any interest in or claim against the property that you have not already told the credit union about. YOU promise nol to sell or lease the proper~y or to use d as security for a loan with another creCdor unbl the advance is repaid You promise you will arrow no secudty ~nterest or hen ~o attach to the property aitger by your acbons or by operation of [aw PROTECTING THE SECURITY INTEREST -- if your state issues a title for propar~y, you promise m have [he credit unido s securay interest shown on the [itie The credd un,on m~y nave to file what is called a financing statement to prmecl os securny interest from the claims of others If asked to do so you promise to s~gn a linanc~ng statement You also promise to do whatever else the credit union thinks is necessar7 to proIecl ItS security interest in the property USE OF PROPERTY -- Unlil tee advance has Peen paid off, you promise you will: ii) Use tee property carefully and ~eep it in good repair. (2) Obtain written permission from the credit umon beiore making major changos to the property. (3) rnform ~he creed umon ,n wndng before changing your address or the address where the eroperty ~s keuf (u) Allow the credit union to inspect the property (5) Promptly netJ~j the credit anion if the propar~y is damaged, stoleo or ab~eg. (6) Not use the oroperty for any unlawfut purpose PROPERTY INSURANCE, TAXES AND FEES -- You premise to pay all taxes and fees illke registration fees) due on the property and to keeo the property insured against loss and damage. The amount and coverage of the property insurance must be acceptable to the credit union You may provide the property ,nsurance through a policy you already have. or through a policy you get and pay for You promise to make the insurance policy payable to the credit union and to deliver the policy or proof of coverage to i~ c~dit unJ(~n~ asked to' do"so~ If you cancel your insurance and get a refund, t~.e credit udion dad a righ o the refund/If tti~'Prop-er'~']¢lost o? d~m~ed, th'e Credit Uoiod can Use the insurance settlement to repair the property or apply it towards what you owe. You authorize the credit union to indorse any draft or check which may be payable to you in order for the credit u~ion to Collect any refund Or benefits due under your msurance policy If you do not paythe taxes or fees on the property when due or keep it insured, the credit union may pay these obligations, but is not required to do so Any money the credit union spends for taxes, fees or insurance will be added to the unpaid balance of the advance and you will pay interest on those amounts at the same rate you agreed to pay on the advance If the credit union adds amounts Ior taxes, tees, or insurance to the unpaid balance df your advance. your payments may be increased by the amount necessary for the advance to be paid off in the same number df months originally scheduled DEFAULT -- You will be in default if you break any promise you make under this agreement You will also be in default if you are in default under the LOANLINER~ Credit Agreement· If you are pledging property, but have not signed the LOANLINER* Credit Agreement. you will be in defaug if anyone is in default who has signed the LOANUNER' Credit Agreement. WHAT HAPPENS IF YOU ARE IN DEFAULT -- When you are in default the credit union can, without advaoce notice to you, require ~mmediate payment of what you owe under the LOANLINER~ Credit Agreement and take possess~un of the property. You agree the credit union has the right to take possession ot the property without going to court and without giwng you advance notice. If you are asked to do so by the credit union, you promise to deliver the property at a time and place the credit union chooses The credit union will not be responsible for any of your other property, not covered by this agreement that you leave inside the property. The credit union will try to return that property to you or make lit available for you to claim. After the credit union has possession of the property, if can sort it end appty the money received to any amounts you owe the credit union The credit union will give you notice of ady public ~ale or the date after whicP a private sale will be held, The expenses of the credit union for taking possession of and setting the proper'b/wifl be deducted from the money received from the sale Those Costs may include the cost of storing the property prepanng it for sale and attorney s tees to the extent permdted under state law or awarded under §506(b) of the Bankruptcy Code The rest of the sale money will be applied to whal you owe under the LOANLINER* Credit Agreement, If you have agreed to pay the advance, you will also have to pay any amount that remains unpaid after the said money has been applied to the unpaid balance of the advance and to what you owe under this agreement You agree to pay interest on that amount at the same rate as the advance umll that amount has been paid· DELAY IN ENFORCING RIGHTS AND CHANGES IN THE AGREEMENT -- The credit union can delay enforcing any oltits rights under this agreement any number of braes without ~osing the ability to exercise its rights later The credit union can enforce this agreement against your heirs or legal representatives d the credit union changes the terms of the LOANLINER¢ Credd Agreeme¢ct, you agree that this agreement will continue to protect the credit union CONTINUED EFFECTIVENESS -- If any part of this agreement is determined by a court to be unenforceable, the rest vdll remain in effect FOR TENNESSEE CREDIT UNIONS ONLY -- USE WHEN AUTOMOBILE IS PIJRCH,~*~,ED NOTICE: ]f ;ou do no[ purchase the ~nsurance rec, '~u ~;d the automobile and the credit union eurchases the insurance. ',he ~nsurance purchased by the credit union will cover only the credit union's interest in the property The insurance will not be tiabildy ~asurance. You bare read the above statement and acknowledge that the credit union has explained it to you SIGNATURE DATE X x FOR NORTH DAKOTA CREDIT UNIONS ONLY -- APPLIES ONLY WHEN A MOTOR VEHICLE IS PURCHASED NOTICE: THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUB- JECT TO REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE. AND ALL AMOUNTS DUE TO THE SECURED [;ARTY ARE NOT RECEIVED IN THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE. THE PROPERTY DESCRIPTION ON THE REVERSE SIDE IS PART OF THIS AGREEMENT. NOTICE: SIGN THIS AGREEMENT ON THE REVERSE SIDE. DO NOT WRITE BELOW -- FOR CREDIT UNION USE ONLY CHECK APPUCABLE eoxles) APPROVED S DATE L~M~TS SIGNATURE LfNE OF CREDIT OTHER OTHER DEBT RATIO ~LOAN OFFICER ADVANCE APPROVED --YES ~NO ~COUNTER OFFER WILL BE MADE, IF ACCEPTED. ADVANCE APPROVED DESCRIbe COUNTER OFFER SPECIFIC REASCNiS) FOR REJECTI©% SIGNATURES: DATE DATE VERIFICATION ~l~n k0~A]f~[] states subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is the ~C~i~ ~O~f J for the Plaintiff in this matter, that he/she is authorized to make this affidavit on its behalf and that the facts set forth in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. SHERIFF'S RETURN - REGULAR CASE NO: 2002-04396 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BELCO COMMUNITY CREDIT UNION VS DOUGHERTY H SAMUEL III ET AL HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DOUGHERTY H SAMUEL III the DEFENDANT at 2035:00 HOURS, on the 16th day of September, 2002 at 1786 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 VIRGINIA DOUGHERTY, WIFE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. So Answers: Sheriff[s Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this ~ ~ day of cA D ~P~othonotary ' ~ ~ R. Thomas Kline 09/17/2002 ARTHUR FELD By: Deputy -Sheriff ~ SHERIFF's RETURN - REGULAR CASE NO: 2002-04396 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BELCO COMMUNITY CREDIT UNION VS DOUGHERTY H SAMUEL III ET AL HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly SWorn according to law, says, the within COMPLAINT & NOTICE was served Upon DOUGHERTY VIRGINIA B DEFENDANT at 2035:00 HOURS, at 1786 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 VIRGINIA DOUGHERTY the on the 16th day of Se t~ ---- , 200 2 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing He___r attention to the Contents thereof. Sheriff.s Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this ~2~L~- day of So Answers: R. Tho~ 09/17/2002 ARTHUR FELD By:~ BELCO COMMUNITY CREDIT UNION Plaintiff vs. H. SAMUEL DOUGHERTY, III VIRGINIA B. DOUGHERTY Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 2002-04396 CIVIL ACTION - LAW Would you please enter judgment in favor of Plaintiff and against Defendants, H. Samuel Dougherty, III and[ Virginia B. Dougherty, 1786 Weatherburn Drive, New Cumberland, PA 17070 for failure to plead to the Complaint within twenty days of service thereof. I hereby certify that the Default Notice required by Rules of Court was sent to the Defendants as shown on the copy attached hereto. Assess damages as follows: $9,116.15, together with interest thereon from date of judgment together with costs of suit thereon. October 30, 2002 Arthur M. Fel~, Esq. BELCO COMMUNITY CREDIT UNION Plaintiff vs. H. SAMUEL DOUGHERTY, III VIRGINIA B. DOUGHERTY Defendant/s : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION : No. 2002-04396 :CIVIL ACTION IMPORTANT NOTICE Pursuant to Pa. R.C.P. No. 237.1(a) (2) To: H. SAMUEL DOUGHERTY, III DATE OF NOTICE: OCTOBER 11, 2002 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 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 OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE 4TH FLOOR CARLISLE, PA 17013 (717)240-6200~ Signature --~k~_~t-- ~/['l i~ Signature of Plaintiff or Atty. Address: 1309 BRIDGE STREET NEW CUMBERLAND, PA 17070 Phone No. (717)770-0292 I.D.# 07172 BELCO COMMUNITY CREDIT I/NION Plaintiff vs. H. SAMUEL DOUGHERTY, III VIRGINIA B. DOUGHERTY Defendant/s : COURT OF COMMON PLEAS : CLrMBERLg2XlD COUNTY, PENNSYLVAIqIA : CIVIL DIVISION : No. 2002-04396 :CIVIL ACTION IMPORTANT NOTICE Pursuant to Pa. R.C.P. No. 237.1(a) (2) To: VIRGINIA B. DOUGHERTY DATE OF NOTICE: OCTOBER 11, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEAR3kNCE 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 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 OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTP~ATOR CUMBERLAND COUNTY COURTHOUSE 4TH FLOOR CARLISLE, PA 17013 Signature(717)240-6200~ ~ Signature of Plaintiff or Atty. Address: 1309 BRIDGE STREET NEW CU/~[BERLAND, PA 17070 Phone No. (717)770-0292 I.D.# 07172 BELCO COMMUNITY CREDIT UNION Plaintiff VS H. SAMUEL DOUGHERTY, III VIRGINIA B. DOUGHERTY Defendant/s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 02-04396 To H. SAMUEL DOUGHERTY, III & VIRGINIA B. DOUGHERTY You are hereby notified that on NOVEMBER / , 2002, the following judgment has been entered against you in the above captioned case. DEFAULT JUDGMENT IN THE AMOUNT OF $9,116.15 PLUS INTEREST FROM DATE OF JUDGMENT PLUS COSTS OF SUIT THEREON DATE: NOVEMBER / , 2002 Prothonotary I hereby certify that the name and address of the proper person/s to receive this notice under Pa. R. Civ. P. 236 is/are: H. SAMUEL DOUGHERTY, III VIRGINIA B. DOUGHERTY 1786 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 IN THE COURT OF COMMON PLEAS OF CUMBERlaND COUNTY, CIVIL D___~IVISION PRAECIPE FOR WRIT OF ~'RCUTION BELCO COMMUNITY CREDIT UNION Plaintiff H. SAMUEL DOUGHERTY, III VIRGINIA B. DOUGHERTY 1786 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 Defendants PENNSYLVANIA ( ) Confessed Judgment (X) Other DEFAULT JUDGMENT File No. 2002-04396 Amount Due $9116.15 Interest_FROM 11/01/02 Atty's Comm Costs Total TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue Writ of Execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant(s) LEVY ON DEFENDANT/S HOUSR~LD GOODS AND PERSONAL PROPERTY PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directin~ attachment a~ainst the above-named ~.ee_~ for the followin~ property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said ~arnishee(s). (Indicate) Index this writ a~ainst DATE: ~t~r M. Feld, Es~ire 13(]9 Bridge Street New Cu~erland, PA 17070 Attorney for Plaintiff (717) 770-0292 ID No. #07172 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4396 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BELCO COMMUNITY CREDIT UNION, Plaintiff (s) From H. SAMUEL DOUGHERTY, III AND VIRGINIA B. DOUGHERTY, 1786 'WEATHERBURN DRIVE, NEW CUMBERLAND, 17070 (1) You are directed to levy upon the propmW of the defendant (s)and to sell LEVY ON DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of 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 attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hinvt~er that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $9116.15 Interest FROM 11/1/02 Atty's Corem % Atty Paid $132.73 Plaintiff Paid Date: NOVEMBER 1, 2002 L.L. $.50 Due Prothy Other Costs $1.00 (Seal) REQUESTING PARTY: Name ARTHUR M. FELD, ESQUIRE Address: 1309 BRIDGE STREET CURTIS R. LONG Prothonot~ Deputy NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 71%770~0292 Supreme Court ID No. 07172 R..Thomas Kline, Sheriff, who being dUly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing $ 18.00 Poundage 1.63 Advertising Law Library .50 Prothonotary 1.00 Mileage 12.42 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Garnishee 83.55 Advance Costs: Sheriff's Costs: Refunded to Atty on 15o.oo 83,55 66.45 12/11/0i Sworn and Subscribed to before me This 2002 A.D. l~r(~thonotary So Ansv~ers:~ ~,,~.~,, R. Thomas Kline, Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4396 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BELCO COMMUNITY CREDIT UNION, Plaintiff (s) From H. SAMUEL DOUGHERTY, III AND VIRGINIA B. DOUGHERTY, 1786 WEATHERBURN DRIVE, NEW CUMBERLAND, 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of 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 $9116.15 Interest FROM 11/1/02 Atty's Comm % Atty Paid $132.73 Plaintiff Paid Date: NOVEMBER 1, 2002 (Seal) REQUESTING PARTY: Name ARTHUR M. FELD, ESQUIRE Address: 1309 BRIDGE STREET NEW CUMBERLAND, PA 17070 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy ~-~ Attorney for: PLAINTIFF Telephone: 717-770-0292 Supreme Court ID No. 07172