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HomeMy WebLinkAbout03-1356IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDIGY RECEIVABLES, INC. SUCCESSOR IN INTEREST TO FIRST SELECT, INC. Plaintiff VS. JOEL N. BRYAN Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02689945 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDIGY RECEIVABLES, INC. SUCCESSOR IN INTEREST TO FIRST SELECT, INC. Plaintiff VS. JOEL N. BRYAN Defendant Civil Action No. COMPLAINT IN CIVIL ACTION AND 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 an 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDIGY RECEIVABLES, INC. SUCCESSOR IN INTEREST TO FIRST SELECT, INC. Plaintiff VS. JOEL N. BRYAN Civil Action No. Defendant COMPLAINT AND NOW COMES, Plaintiff, Credigy Receivables, Inc., successor in interest to First Select, Inc., by and through its counsel, WELTMAN, WEINBERG & REIS, CO., LPA., and hereby files this Complaint against Defendant, Joel N. Bryan, and, in support thereof, Plaintiff avers as follows: 1. The Plaintiff, First Select, Inc., is a corporation with its principal place of business located at 4460 Rosewood Drive, Pleasanton, CA 94588. 2. Plaintiff is the owner of this account, which is the subject matter of this action. 3. Defendant is an adult individual residing at 68 E. Main Street, Newville, PA 17241. o Defendant requested the account and made use of said account and has currently a balance due and owing to Plaintiff, as of February 20,2003, in the amount of $2,471.68. 5. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Joel N. Bryan individually, in the amount of $2,471.68 with finance charges thereon at the rate of 6% per annum from February 20,2003, plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#: 02689945 VER/PICATION The undersi=m~.ed does hereby verify subject to flae penalties of 18 PA.C.$. ~4904 relating to ~swom f~sificatim~ to authodties, that he/she is ~ . , ~ ,~.e) he/she is duly authored to make tiffs Verification, ~d that ~.e f~ts set fo~h. in the foregoing Complaint in ~n~l~nt m'e ~e mtd co~¢ct to the best oft~s&er ~owl¢dge, information (Signature) SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-01356 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CREDIGY RECEIVABLES INC VS BRYAN JOEL N R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BRYAN JOEL N unable to locate Him COMPLAINT & NOTICE in his bailiwick. but was He therefore returns the the within named DEFENDANT , BRYAN JOEL N NOT FOUND , as to 68 E MAIN STREET NEWVILLE, PA 17241 NO LONGER AT 68 E MAIN ST NEWVILLE OR 3 KUTZ RD CARLISLE. BELIEVED TO BE ON FAIRFIELD ST NEWVILLE. NO CHANGE ON FILE AT PO. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 16 56 5 00 10 00 00 49 56 So answers~ ~J' /J~ Sheriff of Cumberland County WELTMAN WEINBERG REIS 04/17/2003 Sworn and subscribed to before me this ~ ~ day of~ ~ &73.3 A.D. P~o~honota~y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDIGY RECEIVABLES, INC., SUCCESSOR IN INTEREST TO FIRST SELECT, INC. Plaintiff VS. JOEL N. BRYAN Defendant No. 03-1356 CIVIL ACCEPTANCE OF SERVICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D. ¢¢-47437 Weltman, Weinberg & Reis Co., L.P.A. 2601 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02689945 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDIGY RECEIVABLES, INC., SUCCESSOR IN INTEREST TO FIRST SELECT, INC. Plaintiff VS. JOEL N. BRYAN Defendant Civil Action No. 03-1356 CIVIL ACCEPTANCE OF SERVICE I, Joel N. Bryan, do hereby accept service of the Complaint in Civil Action. DATE: ~/Z~J /4~)efenc~ant ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDIGY RECEIVABLES, INC., SUCCESSOR IN INTEREST TO FIRST SELECT, INC. Plaintiff vs. JOEL N. BRYAN Defendant No. 03-1356 CIVIL PRAECIPE FOR JUDGMEr'qT PURSUANT TO STIPULATION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., LP.A 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWRf102689945 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDIGY RECEIVABLES, INC., SUCCESSOR IN INTEREST TO FIRST SELECT, INC. Plaintiff VS. JOEL N. BRYAN Defendant Civil Action No. 03-1356 CIVIL PRAECIPE FOR JUDGMENT PURSUANT TO STIPULATION TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, Joel N. Bryan, abovE- named, in the amount of $2,471.68 pursuant to the Stipulation of the Parties for Paymer~t ~,r~d Entry of Judgment by Consent. WELTMAN, WEINBERG & REIS CO., LPA. ~vYi:i i i a m~'/~/T .~ ,)E/?E~ qs q~u ,~' PA I,D, #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02689945 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Bu Id~ng, 436 7 Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 4 Fairfield Street, Apt. 1, Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDiGY RECEIVABLES, INC., SUCCESSOR IN INTEREST TO FIRST SELECT, INC. Plaintiff VS. JOEL N. BRYAN No.03-1356 CIVIL STIPULATION OFTHE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WW R#02689945 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDIGY RECEIVABLES, INC., SUCCESSOR IN INTEREST TO FIRST SELECT, INC. Plaintiff VS. JOEL N. BRYAN Defendant Civil Action No. 03-1356 CIVIL STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT AND NOW, comes the Plaintiff, by counsel, and the Defendant to Stipulate to Settlement and the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $2,471.68 with continuing attorneys' fees and interest thereon at a rate of 6.00% per annum plus costs from February 20, 2003. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, Joel N. Bryan, in the amount of $2,471.68 plus continuing interest thereon at the rate of 6.00% per annum from February 20, 2003 and costs. 3. Plaintiff agrees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $80.00 due by July 30, 2003; (b) no less than $80.00 per month due on the 30th day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "Credigy Receivables, Inc." 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. ~,~ntending to be legally bound, the parties set their hands and seals this 2°63/. _b~aY THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Joel N. Bryan WELTMAN, WEINBERG & REIS CO., L.P.A. WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Keppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02689945 ,~efendam ,~ 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDIGY RECEIVABLES, INC., SUCCESSOR IN INTEREST TO FIRST SELECT, INC., Plaintiff VS. JOEL N. BRYAN, No. 03-1356 CIVIL INTERROGATORIES IN ATTACHMENT Defendant and ADAMS COUNTY NATIONAL BANK, Garnishee FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02689945 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDIGY RECEIVABLES, INC., SUCCESSOR IN INTEREST TO FIRST SELECT, INC., Plaintiff VS. JOEL N. BRYAN, Defendant and ADAMS COUNTY NATIONAL BANK, Garnishee Civil Action No,:03-1356 CIVIL TO: Adams County National Bank PO Box 3129 Gettysburg, PA 17325 Suggested Reference No.: 031309945 See attached Exhibit "I" IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. [,NTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? No. 2. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities, including but not limited to whether said funds includes Social Security direct deposits or, whether based upon the in~brmation reasonably available to garnish, you can identify those funds from sources other than Social Security direct deposits ~f said funds are located in an account that includes direct deposit of Social Security benqfits. 3. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. NO. 4. If the answer to Interrogatory 3 is in the affirmative, describe the nature, fair market value, and present location of each of such properties. 5. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or pan by the defendant or in which defendant held or claimed any interest? No. 6. If the answer to Interrogatory 5 is in the affirmative, describe the nature, fair market value, and present location of each of said properties. 7. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 8. If the answer to Interrogatory 7 is in the affirmative, describe the nature, fair market value, and present location of each of such properties. 9. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? I~o. 10. If the answer to Interrogatory 9 is in the affirmative, describe the nature, fair market value, and present location of each of such properties. I~/~ 11. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? NO. 12. If the answer to Interrogatory 11 is in the affirmative, describe the amount or nature, fair market value and present location of each of such payments and properties. WELTMAN, WE1NBERG & REIS CO., L.P.A. illiam ~. Molczatlfflffsquire PA I.D. #47437 WELTMAN, WEiNBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02689945 The undersigned verifies that the answers contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Dated: January 16, 2004 AMS/,CO ~U~?TY NATIONAL BANK /Jane E.rGw~, Ass0stant Vice President JOEL N. BRYAN 4 FAIRFIELD STREET APT 1 /5) ~ DATE PAY TO THE ~ & ~ co~ NAT~AL ~K i~~ Ii01 ltOqqhSl: 164 PO fcOX B12_-q o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CREDIGY RECEIVABLES, INC., SUCCESSOR IN INTEREST TO FIRST SELECT, INC., Plaintiff, JOEL N. BRYAN, Defendant, and ADAMS COUNTY NATIONAL BANK, Garnishee. No. 03-1356 CIVIL Attachment Execution Proceedings CERTIFICATE OF SERVICE AND NOW, this 22na day of January, 2004, I, Edward G. Puhl, Esquire, of Puhl, Eastman & Thrasher, attorney for Garnishee, Adams County National Bank, hereby certify that I have this date served Garnishee's Answers to Interrogatories, by mailing a tree copy first class mail, postage prepaid, to William T. Molczan, Esquire, at the address shown below: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 PUHL, EASTMAN.&~/HER Edward G. Puhl, Esquire Attorney ID #55709 Attorney for Garnishee 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CREDIGY RECEIVABLES, INC., SUCCESSOR IN INTEREST TO FIRST SELECT, INC., Plaintiff, JOEL N. BRYAN, Defendant, and ADAMS COUNTY NATIONAL BANK, Garnishee. No. 03-1356 CIVIL Attachment Execution Proceedings PROOF OF NOTICE TO DEFENDANT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ADAMS. On this, the 23rd. day of January, 2004, before me, a Notary Public, in and for said Commonwealth and County, the undersigned officer, personally appeared Edward G. Puhl, Esquire, attorney for Adams County National Bank, the Garnishee in the above entitled attachment execution proceedings, who having been by me duly sworn, according to law, on his oath, does depose and say that on January 23, 2004, he forwarded to the Defendant, Joel N. Bryan, a copy of the writ issued in said proceedings on January 5, 2004, and a copy of the answer to Interrogatories Adams County National Bank, Garnishee, filed in said proceedings, by mailing the same certified mail deposited at the post office in Gettysburg, Adams County, Pennsylvania, addressed to the Defendant at the following address: 4 Fairfield Street, Apt. 1, Newville, Pennsylvania 17241. Attached to this Proof of Notice is the certified mail receipt showing the aforesaid mailing of the items hereinbefore mentioned. Sworn to and subscr/bed before me th~ day of January, 2004. Notary Public [, My commission expires: Edward G. Puhl, Esquire i LAU NOTARIAL SEAL [ RAM. SM~, NotaP/Pablio _Gettyslm~ Bolo, Aclams ~oun~ MY Gofltmission F. xpim Feb. 17, 2~07 E~ Postage rtJ Certified Fee 133 ~i,;~;~;,'~ ';'£ -~.';' ~ ;,'.~ ~;,~' ~,: ........................................................... [ ~ Fairfield Street, Apt. ] 1 /~;~-~,~;~-~f;-;--i---~;~----i-~-j; ......................................... ] · 60 MAILED 2.30 1/23/'04 2.90 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDIGY RECEIVABLES, INC., SUCCESSOR IN INTERST TO FIRST SELECT, INC., Plaintiff VS. JOEL N. BRYAN, DelEndam ADAMS COUNTY NATIONAL BANK, Garnishee, No. 03-1356 CIVIL PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WE1NBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02689945 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDIGY RECEIVABLES, INC., SUCCESSOR IN INTERST TO FIRST SELECT, INC., Plaintiff VS. JOF~L N. ,B. RYAN, IRON AND ©LASS BANK, Garnishee Civil Action No. 03-1356 CIVIL PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 2. 3. 4. directed to the Sheriff of Cumberland County: against Joel N. Bryan, Defendant against Adams COunty National Bank, Garnishee ~ ~O~t ,~ J"~'~t ~'~,~. tO~ Judgment Amount $2471.68 Less Payments Made 4580.OO) Interest at the rate of 6% per annum from 8/8/03 to 12/10/03 $231.49 SUBTOTAL: $2623.17 Costs (to be added by Prothonotary): WELTMAN, WEINBERG & REIS CO., L.P.A. PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L,P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02689945 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1356 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF JkD/k~5 COUNTY: To satisfy the debt, interest and costs due CREDIGY RECEIVABLES, INC., SUCCESSOR IN INTERST TO FIRST SELECT, INC., Plaintiff (s) From JOEL N. BYRAN, 4 FAIRFIJ~LD ST., APT. 1, NEWVILLE, PA 17241 (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 ADAMS COUNTY NATIONAL BANK, GARNISHEE ~ PO BOX 3129 GETTYSBURG, PA GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garmshee(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 lximfaer that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS2471.68 LESS PAYMENT OF $80. L.L. $.50 Interest AT THE RATE OF 6% PER ANNUM FROM 8/8/03 TO 12/10/03 - $231.49 Atty's Comm % Due Prothy $1.00 Atty Paid $131.56 Other Costs Plaintiff Paid Date: DECEMBER 18, 2003 (Seal) CURTIS R. LONG Prothonot~ Deputy REQUESTING PARTY: Name VqILLIAM T. MOLCZAN, ESQUIRE Address: VqELTMAN, VVEINBERG & REIS CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DWISION CREDIGY RECEIVABLES, 1NC., SUCCESSOR IN INTEREST TO FIRST SELECT, INC., Plaintiff VS. JOEL N BRYAN Defendant No. 03-1356 CIVIL PRAEC1PE TO SETTLE, DISCONTINUE & END AS TO GARNISHEE ADAMS COUNTY NATIONAL BANK ONLY ADAMS COUNTY NATIONAL BANK, Garnishee FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA. I.D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02689945 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DiViSION CREDIGY RECEIVABLES, 1NC., SUCCESSOR IN INTEREST TO FIRST SELECT, 1NC., Plaintiff VS. JOEL N BRYAN Defendant ADAMS COUNTY NATIONAL BANK, Garnishee Civil Action No. 0%1356 CIVIL PRAECIPE TO SETTLE DISCONTINUE AND END ~-S TO GARNISHEE ~ ADAMS COUNTY NATIONAL BANK~ ONLY TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter upon the records of the Court and mark the cost paid s to Garmshee, Adams County National Bank, only. f~% ~ Ex~rc~ July 15 2',;0 Sworn to and sub?r67~ Before me the ~ WELTMAN, WE[NBERG & REIS CO., L.P.A. ~;liam T~ Molczan?Esqufi4 - PA. I.D.~7437 ~ WELTMAN, WE~ERG & ~IS CO., LP.A. 2718 Koppers Building 436 Seventh Avenue Pi~sb~gh, PA 15219 (412) 434-7955 WWR#02689945