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HomeMy WebLinkAbout01-04347IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MOUNTAIN PEAK5 FINANCIAL SERVICES, NO. OI-'S13Y7 ~1U~1, 1~2W~ INC., assignee of GUARANTY NATIONAL IN CNIL ACTION INSURANCE COMPANY CHRISTOPHER WEYANDT and CARLA ANN DIEHL, a/k/a CARLA ANN DIEHL-WEYANDT, jointly and severally Defendant(s) COMPLAINT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 G'hardes F. Bennett, Esq. PA LD. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412} 682-1466 Fax (412) 682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MOUNTAIN PEAKS FINANCIAL SERVICES, INC., assignee of GUARANTY NATIONAL INSURANCE COMPANY -vs- Plaintiff(s) CHRISTOPHER WEYANDT and CARLA ANN DIEHL, a/k/a CARLA ANN DIEHL-WEYANDT, jointly and severally Defendant(s) NO. IN CIVIL ACTION NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth itt the following pages, you must take action within twenty (20) days after this Complaint and notice are served upon you, 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 Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-3166 Toll free: 1-800-990-9108 2 COMPLAINT 1. Plaintiff is a corporation having offices at 2400 S. Peoria Street, Aurora, CO 80014. 2. Defendant Christopher Weyandt is an individual whose address is RR 1, Box 241, Altoona, Blair County, Pennsylvania 16601. 3. Defendant Carla Ann Diehl-Weyandt is an individual whose address is 502 N. Earl Street, Shippensburg, Cumberland County, Pennsylvania 17257. 4. On or about March 31, 1998, the Defendant Christopher Weyandt applied for and Defendant Carla Diehl-Weyandt cosigned for a loan by the Plaintiff at the terms and conditions agreed upon by the parties, as is more specifically shown by the Application & Agreement, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 5. Defendant made purchases and/or received cash advances using said loan. 6. Thereafter, in breach of obligations under the Agreement, the Defendants failed to make payments ae they became due. 7. Plaintiff avers that the terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 8. Plaintiff avers that the balance due amounts to $2,850.20. 9. Plaintiff avers that interest has accrued at the rate of 10.50% per annum on the balance due from February 27, 2001. 3 10. Per the terms of the agreement, the Defendants have agreed to pay to the Plaintiff as liquidated damages, the costs of collection, including all reasonable attorneys' fees incurred in the collection of monies owing. 11. Plaintiff avers that pursuant to Plaintiff's agreement with Plaintiff's attorneys, Plaintiff's attorneys are to receive attorneys' fees of 20% of the debt due. 12. Plaintiff believes, and therefore avers, that said attorneys' fees rate is juat and reasonable compensation for the services rendered by said attorneys. 13. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and refused to pay the amount due Plaintiff or any part thereof. WHEREFORE, Plaintiff' demands Judgment against Defendant(s) in the principal amount of $2,850' :.20, with appropriate additional interest from February 27, 2001, plus attorneys fees and costs. APPLE AND APPLE, P.C. By: _ torneys for P ff(s) 4 Claim #: 1429597 -C 7DA ASSIGNMENT FOR COLLECTION FORM This assignment is between Mountain Peaks Financial Services, Inc. ("Assignee") and Guaranty National Insurance Company ("Assignor") . For good and valuable consideration, the sufficiency of which is hereby acknowledged, Assignor hereby assigns to the Assignee all of its rights, title and interest in and to all delinquent loans and accounts which will be delivered to the Assignee for the purpose of collection. The Assignment of each individual loan or account shall be complete upon the delivery of said loan or account to the Assignee. Assignor further assigns all of its rights, title and interest in and to any cause of action against original obligor of the loan or account consisting of the unpaid balance, interest, cost and attorney's fees. Assignee shall be entitled to settle, compromise, initiate legal action and reassign said loans or accounts and to release in full or in part the liability thereunder. Any amounts collected on such loans or accounts shall be distributed by the Assignee in accordance with the applicable provisions of the Collection Agreement entered into between the Assignor and Codilis & Stawiarski, P.C.. THIS ASSIGNMENT IS MADE WITHOUT RECOURSE. Dated this 21st day of December 2000 FOR: aranty National Insurance STATE OF Connecticut COUNTY OF Hartford The forgoing Assignment was acknowledged before me this 21st day of December 2000, By Janice D. Arnold, as Recovery Anal of Guaranty National Insurance Company. My commission ex fires: 30 Apri12003. ~2~s NOTARY PUBL NOTARY SEAL E~XHIB ` ~' per w * 4 d d ~ ~ F NE ~~ ~ ; 8 CJ .~ ~ `'~ .. ` ~~ n i d U ~ ~ `~ 'tee •~ ~ ~~ i Cy $ " ' a b jdi~ ~ ~ ~~ ~ u:~ ¥ f ~ f P ~- t`' ~~~ ~. ~Y ~~ $ 2 a 3 ~s ~?~ O s o: k ~ . ~ ~; 1~ W i4i !~_L, ~: .. ~ : 9; .. ~`~ ~~E ~ ~ ~ ~i ~~ r ~ ~E~~~ ~ €; 'M°et n; ~{ F ~~ .~, ai s ~ i at ~, ~ z ~ ~, ~~ ~.~ a ~~'q~ ~~N~' ~ ~ a; .+ p ~ /'d s~ ~~.+ & ~. i ~ 2,a as - c, ~ ~~2~g~ ~~~ ~~~"A ~~.~: ~ -~`~;~' pp~yy2 ~ a ...~ H L+~ ~~ _9 U ~. x Q ~ ~~ x !NR S: V O C~ df ~ ~. '~ =r a .R J xs$p P 4 i j e ~ s a k p 4 ~ 3 < i - € - ~ ~ D ` ~ } t ~ i t g x gg~~~~5x ~ a£ s ¢6 Y 4 ~ 1 i ~€ ~ ~ ~E FR ` F J" w ~~ ~~ ~~ ~ { far ;} ;~ e ~ ~ ~ <. .,. ~ ` kQ9 y ~.! o g $~~ f ~~ ~ ., ~ ~ a y ~ , r, s. ~ =: ~ ~ ~ . ~~ ~~ ~ ~ ~~ ~t.~ ~~ ~' ;' . ~j .., a, ~: ;, x ~ ~~ c: ~ :_~ { ~1 ~;,i i 1 ~ .$''Od ~} ;mss ~;? , , x .~. a. Y a:M ~ ~~~~ ~ ~ ~_~' `~ ~' I ~, '-'~;i G ~~ ~'~ ~ ~~~~ -:.. rrwx _... rr+..r-~^axs~a-..- -- I"~TI~^"A-0~'~3 :~'wmm ^meimm~®wnm~s,m"IM w-w1~4. .. ,. memnm.=rvn~ e.o~mi_. -r ' WEYANOT. CHRISTOPHER 0 t94 OIETZ Pl ~: CLARION PA, 16214 as 06/16/1988 aoeotlr><Htn11b~- 1r>a-es~zs~l:20 'T V. .. - ~ -.Ef5 r=r }' ~_ - Y. A1MML PlRCBRAOf MTr Fr1AfIC! OUAGr Amoua Firrne0 Tod d Pllyinr0 I nie a.ralo,r ere6laa Ttremr emoaq rr rnean+awaasa Tib amasr youM _: yaary rre ae6lyd mpycu prwiUeo to yau«m ~Iwxe PrO atler you '~ ~ your beher. heN meoeY : >~r ~ ~. ;i~'. .. _.. OrOxnanb i. r ~ ~ __. .. _. aardAa. i ~" - 16111]L [lffi1d0 52,600.OD N.111 N v.y s , e • a r ie~x 2~l3~drC C ~ i~~.~ #£~~' ffiLN 17fh0.~.rmfrlG sz sso.fe Onthe trritlaya aaeh maul baplrawq al 7Z/iQ'}~lp~ . x' g ~,e~'~ 3 ~ • • • ~ . ~ ~ ~ YrdrOk.&Y:YOUrrtlsd+nPernrny.,ores.sa.fnorawmaeo.raroanionrnsMarswbjrcrgnk(r+aw u~~° ' ' ' York awl Mraaasa. Your rab d Y+rrea O!eY dwgs at 1hs yral (fan O+y d Janury, Apr. ~dy. «Octaber a eadl . .k~ yrIY~CAarga Dwa~ums yqx loan k ropab. Thrs b no rnW an rfe amoum Mfich your nb d YMarest may Increaes -.. '~.! ~ weep any psrbd. Arp tvaasa h Te rra d imaaat rriA tab rra fam d an ir:aeYa b M raarDar d pay+1+r14, Npher'. ~ . . Wymrns «6oUr. Any exraaee h Oia raxnbar d psyrnenta b ropey the loan ~ naxlr ayeaed 1M maakraen ~ ~Y - -. wMwbw~pora..«rna..A.r+ewr,a+d.rro•.ayo«lo.nh.e.plr~p.le.l.n~.arto.oootltn.~ ` r r prior gwMh ChanpnDw (Mrr• rye Maeresl rra became r.60%ano tl+ers ww t 77 payruarae trnaMl4gl, ry Mal , . ; 1 ` r7N than Ylaaraa0 py. t% b 10.60% loos b N Mraess h M Max al rrs IalorMq CMnp• DaNI, your IarYlal mbrAry E ~ .: payrna« warty YrOruaaa Mom iti.7 >5 b ft11.p6 Dr mon06 an hrvsra a f6.72, F« nYa s.angla. M nwrdsr d payment tl0aa rlel Mfaau. I .- Lt1LCOm' r, dsrq your rspsymrq OrbU, any oaron d vaur montNy payment romaw urgaM br • prlod d m«s _ ~ ~ rrr1700ga ulv M Orr tlM. Ya may a chlrpao a ds FaymM1 ehape antral b IM Mnsr tl 8%d y«. paymsrq ~ ,: `` -_.. ........ _MnWa«f6.00.0u1.rMrar abrs lMnrq mitllleYB aro.au by lrr. s: ( tt3, .~rrrrrxr YOU w pNSq Cr6bank fylen YOr7r 8U101 a aacurty aa«ea1 w M Mrs dtM. pO0alda ~ ~ '; ~'a IOeOvarnarOd d k loan pd^ b yvu Or your weri«d wlamon «any oew p.rtx. COaeural aearkp etlw IsrK ~tj: IIUO by GOr+a (parr Y«Y aNl. •xCepl IhOes aswrag your p«ICgM tl'-Nrrq. may abo aeewn fort. ~ _ 7.a 1~ yW rr/nOl Marabpryapwlary rfa pal'~~1y - - { .. ` ;_ . . . ~ ;. {`:: ra y0v Dented tloereoenb t« aeahonr Id«mran stw~a nOnpayrean6 Wmal, by retlara0 rswymarn i+ A# DM«M r ~: - M atlra0iM0 Wte, pa0•Ym«r rapnes, any aaCUAy Yrarare rr0 psrWaaa. a ~~ • msana lw arrrUll R•~dAaiotnl Nrrnts0 d: fl.600.n0 ,~. _ b00 ~M+anl pnwnbyoUgncy - - f000 Awwapro eeyw aeeaait ir30000 Annum FrObOrMre an yrrr MrliM - .. b 60 14fPr/rl FeUree Gdra KtrRMr! ~ a y_. ~• ~; u , ~.. s. ._ r, -. - ~ ~~ kF L ~ - ~ - s' tnaa C60w4 1.100.f~.f.Sp3 ~~ '~ ,~ V. I (Nn.IantSYsr) TDDldo4&Io-12D8 ~.. " ~.0. lJox 2riIJ ~ - - 3 Radrxarr. M : ~ - - - ' {j r il69A29(J - ~ ' j { ~~ ~~ ~ Date 09)09198 _ `s~ ~ " Borrower Name;:CHRISTOPHEA G. VYEYANDT ~;°`ry ~: c~ - Borrower. SSN'I189-88r2b71 ~P r ~~ , ~G:' i 4 . . cAR~n a olE-+~-wEYANDT ~, ~ _ t32 DIETZ PL c , CLARION, PA 16214 `> °"~ °~ x ~° ;~ ~ ~ ~ ~;3 x. Dear.CARLA A. DIEFiL-1NEYANOT: ~5 - ~ Thank You for cosigning the education loan.. for the borrower referenced above. ~ ~ Please read the Information -below which aummxizes the .cosigner '-'' 1 responsibilities on this loan. New York State law rsqulre's that we deliver the ~ a following notice to all cosigners. '? d , ~ .. NOTK ~ TO C031GNER ' ~ `~= ^~ _ .._: .,. You agree to psy the debt idsntlflsd below although you may not personally ,~ ~' ~ ~ ~ reeNVe arty property, services or money. You msy be-:sued for payment attttough tM person who recsivea the property, services or money Ia able to ~p ~ , pay. : Vou should know that the ORIOtNAL PRINCIPAL BALANCE Iletsd below _ ' does not Include finance chergea resulting f-om unpaid Interest, delinquency, ~ s~ ~ fate charges, npoaseasion or foreelosur• costs, court ~osts.or ettorney's;fsss, or other charges tM[ msy ba stated in the noes or contract. You wlij also ~ . ~-~ ,_ have to pay soma w a,i of these costs "and charges I} -the not• or contract, _& ~ Me payment of which you are guarantsolrig, requires 4he bonower. to'psy;aueh ~:~ {-' .r costsPand charges. TMs notice is-not the note, contract or- other writing that -;i ; r~ oDligatss you to pay the debt. Read that writing for 4he=exact terms of your ~~-`~°~- ~ abligstlon. ~ ~`~ r ~ ~~ ` ~ENT~ICATBON'OF DEBTS YOU MAY HAVE TO PAY D~TOR CHRISTOPHEA Ca. VJEYANDT s ~; ~ ~~ CfTiBAN1C IIEW YORK STATE > ~ {a .,. `.: f ~ _ .. --DATE 09114/98 p - ___ __ ' rt - . PRNATB STtJDE1ff LOAN . ; -"~ ~. '¢ '~ Ott BALANCE 8 2500.00 w ~ _ , ~ _ , s' Sincerely, ;~ - ':a: ~' S.Lcpbcn M 8eat.i,rto - : : . F Auiatmt Viee Presfdsnt s CltiAsaist Servlesa - - • 1'M a*aMt .bee. rapawma flea atgird prinbgxl twisKe o/ tM ten 1hi a et b r d "~:.-: b t-a ratlaul wn wl~{M ore~ies ra a.r..ra s.rw au saa.~t. M-.awo[ oKws DurYp exx at.n.a ' osnoa r,w.st On aM -rk1CgY b+ae. OaniNVaf 10 raw rrMt YWax paOemMMa of keKabt'elarar '-' k _ , prwiCpM ~. ~, ww wu 01a VgYd brwfq.at Y1a wan to'w+xaora abap. ala.l)r1eMM fMnbprl l t ~ =xa~:r ~~! f~ y~ AFFIDAVIT T, ,~~'L¢Al p ~S'1~'//.~i~4~ , of 1~sK-1E~wY1 /~1a~J Fiivartd~ fea4l'~ ~~'. ,Plaintiff herein, verifq that the statements of fact contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, ~C.S:" §4904, relating to unsworn falsification to authorities. .._--=-- as -o / ~ ~. Date ~¢nt rr~7onra- ~.,~ur~_ Tatle ~YaDd s. i°ec.~ a..fft.~., i'e !~G Address ,~~, ca ~do~~ Caty, State and Zip 1 `.' m ~~ ~~ ~ ~ O _ \~ a~ ~ ~ ,; (' '_ -- * '. l SHERIFF'S RETURN - REGULAR O'ASE X70: 2001-04347 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOUNTAIN PEAKS FINANCIAL SERVI VS WEYANDT CHRISTOPHER ET AL DAWN L. KELL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DIEHL CARLA ANN A/K/A CARLA ANN DIEHL-WEYANDT the DEFENDANT at 0826:00 HOURS, on the 23rd day of July 2001 at 502 N. EARL STREET. SHIPENSBURG. PA 17257 CARLA ANN DIEHL 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. Sheriff's Costs: Docketing 18.00 Service 13.00 Affidavit .00 Surcharge 10.00 .00 41.00 Sworn and Subscribed to before me this )Z'~ day of l.G~e.O ..E- oZb-a ! A . D . ~Prothonotar So An~rs ,Y1~rytiu-~~L R. Thomas Kline 08/14/2001 APPLE AND APPLE `/ ~(Q By ~ ~ a-W'~1 ~ • h~.-~-~ Deputy Sheriff ~i'~` SHERIFF'S RETURN - OUT OF COUNTY EASE NO: 2001-04347 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOUNTAIN PEAKS FINANCIAL SERVI VS WEYANDT CHRISTOPHER ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: WEYANDT CHRISTOPHER but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of BLAIR County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 14th 2001 this office was in receipt of the attached return from BLAIR Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Blair County 29.50 .00 54.50 08/14/2001 APPLE AND APPLE Sworn and subscribed to before me So answers• R. T omas Kline Sheriff of Cumberland County this /~. ~ day of A.D. ~~ Prothonotary In The C®urt ®f C®m on Pleas ®f Cumberland C®unfy, Pennsylvania Mountain Peaks Financial Services, Inc. VS. - Christopher weyandt et al SERVE: Christopher weyandt Np. O1 4347 civil Now, July 19, 2001 , I, SHERIFF OF CUMLERZ,AND COUNTY, PA, do hereby deputize the Sheriff of slair _ County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. f Sheriff of Cumherland County, PA Affidavit ~f Service Now, Ju ~y ~7~ , 20.04 , at 9(1Ju o'clock ~_ NI. served the iuithin ~ !~, ~ ~ ~ (~'~ upon by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT the contents thereof. County, PA DATE RUnECEIVED V ~~ ~ ~yl~ DATE PROCESSED BLAIR COUNTY, PENNSYLVANIA ~ O (\~ COURTHOUSE, HOLLIDAYSBURG, PA. 16648 INSTRUCTIONS: SHERIFF SERVICE ~ PROCESS RECEIPT, and AFFIDAVIT OF RETURN Print legibly, ihsuririg readability of all Copies. Do not detach any copies. ecsD EN V.x t. PLAINTIFF / S / ^ ("~ 2. COURT i BER ~~ 3. DEFENDANT I S / n 4. TYPE OF WRIT OR COMPLAINT \ / / 1 per SERVE 5. NAME F INOI (DUAL. COMPA Y. CORP RATION, ETC. , TO SERVICE OR DESCRIPTION OF PROPERTY 70 BE LEVIE .ATTACHED OR SOLD. IS _ 6. ADDRESS IStreet or RFD, adment No., City, Boro. 0~. Slate and ZIP Cotle) - Ar ~~ 1 ~ (~ (p © ~ 7. INDICATE UNUSl1AL SERVICE: ®PERSONAL PERSON IN CHARGE ~OEPUTIZE CERT. MAILQREGISTERED MAIL POSTED OTHER NOW, , I. SHEF~IFF OF BLAIR ,COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therelif according to law. This deputation being made at the request and risk of-the plaintiff. 'SHERIFF OF BLAIR COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN E%PEDITING SERVICE: NOTE ONLY APPUCARLE ON WRIT OF EXECUTION: N.R. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same ~.vehout a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff Io any plaintiff harem for any loss, tlestruclion or removal of any such property before sheriffs' sale thereof. 9 SIGNATURE of ATTORNEY or 4 r OR INATOR requesting service on behalf pf: t0. 7ELEPHONE NUMBER 11. DATE J~sLAIN7IFF i /LrJDEFENDANT ~ ~ b SPACE LOW FOR U OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE I acknovAedge •eceiot nl the win SIGNA E of AulnorizeC B D Depury`or Clerk and Title 13. Data Received n ld. EapiraOtio"n/Hearing dale 12_ or complain) as :ntlmaled above. { ~ ~~ - ~ ^~~ ~- I/ t ly~ •- I''~ (~ 15 I nemby CERTIFY and RETURN that I (]have personal ~ serve4 ave served person m charge, ^ have legal evidence of service as shown in "Remarks" (on reversal ^nave pasted ;he above described progeny wdh the writ or complaint described on IDe individual, company. corporation, etc.. at the address shown above or on the indimdual. car.,panY. corooraLOr.. etc . al the adtlress inserted below by hand ing/or Posting a TRUE and ATTESTED COPY thereof. t5. ~JI hereby rerldy and relum a NOT FOVND because I am unable to locate the individual, company, corporation, etc., named above. (Sae remarks below) 1'. Name antl hlle al ~ntlivitlual served le. A person of swtable aqe and discretion Read Order - ~ 7 ~ r y, n ~d~ then residing in the d¢ICndanYs usual place ~~lf~ W+r' / ~ of abode. f9. Address at where served rcomplele only it dinerent Than shown above) (Street or RFD. Apartmnrd No., City. Roro. Twp., 20. Date of Service 21. Time State antl ZIP Codel ~ /~~"~Y~M~-/"~ ~• 7~/0~ Z `v` ~ ,nt. i uale nines UeO. ml. Date I miles Dep. Int. ~ Dale I Miles Dep. 1 1 .. .v. v. v VepTyVC Vn ~s~=~ ~~z3 I .oo ~ . ~ a is . ~ 30. REMARKS 50 ANSWER. subscribed to before me this Ry (Shenlf/Dep. Sheriff) (Please Print or Type) Date /'.~1~ 7~~ ~I Signature of Sheriff Date MY COMMISSION EXPIRES € • `~~'• ^~~•~° ~/ ~/ ~ ~ / 39. Date Received I ACKNOWLEDGE RECEIPT j t eS , OF AUTHORIZED ISSUING AU Y I ~ ~u ~fe+~'zt~+F+a~~:o~ss+sms.. .. ~.mmsvsnew.~pwm~+q+~~ r,-e~,.~,.,a,4.~- ..,w~..»-+~_-®.,.~.R..~~~a,~.~r4.-,...~.-~~.~r,.~.MP,..a=,~..,~.~.rE-~.=.rs~: SHERIFF'S RETURN OF SERVICE ( ) (t) The within by -mail, return receipt requested, postage prepaid ~ on the , a true and' attested copy fhe~eol at'_ __ _.__ ,_ upon __ defendant by mailing to The return receipt signed by , __ defehdant do the __._____._ - is hereto at4ached and made part of this return. ( ) (2) Outside the Commonwealth, pursuant to Pa. R.C.P. hos (c) (t) (2), by:mailing a true and attested copy thereof at ~_.._.._ ._..__„_.<.,_-s~..-_~,~~ in the following manner. ( ) (a) To the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that defendant refused to accept the same. The returned receipt and envelope is attached hereto and made part of this return. And thereafter: ( ) (b) To the defendant by ordinary mail addressed to defenrJant'at same address. with the return address of the Sheriff appearing thereon, on the , I further certify that after fifteen (15 )days from the mailing date: I have not received said envelope back from the Postal Authorities. A certificate of mailing is herefb attached as a proof of mailing. ( ) (3) By publication in a daily publication of general circulation in the Couhty,., of Blair , Commonwealth of P-eansylvania, time (s) with publication appearing The affidavit from'said publication is hereto attached (4) By mailing io by a true and. attested copy thereof at mail. return receipt requested. postage. prepaid. on The The ___ _. Authorities marked- __..__.... _ . _ is hereto attached. 1 ) (5) ~5tiiet _-__m the within named returned by the Postal '~' - - - - _ , ... _ .. ~nkus~=+s~ensz+um. -- ~'a~Maa~S'=a.. r-,,~e F.i~-° igi ~ i i ,¢ u~i,oa i,. m~w~WU ge~,~hiigrt Nli ., x~i er~r~T,(c€ ;S: "",g,„':_.. . .2: ~.-.'-. ~ ~. _...-_....y-vew'»+`n3'r ~-~.e~r JC'.S Yri .. ,. '~BFvs'+`.~_..,,~~X.4~`~rA`.7TM~ii-- :.e.~"~ - f r°;~°... -:i, w -... w+ '-s_'~'YS-:.-r . .. "`1w ~ y _ DATE RECEIVED ~~ DATE PROCESSED ~? ~ SFIEi;IFF'S ®EP/~RTNiE~IT ~ -~ f v BLAIR COUNTY, PENNSYLVANIA L ~ - COURTHOUSE; HOLLIDAYSBURG, PA. 96648 - .~,~- ~~ INSTRUCTIONS: _ ~ !':}'^.~' SHERIFF SERVICE 1 ''-~ PROCESS RECEIPT, aDd AFFIDAVIT OF RETURN Prirn ^egibJy insriNy~ readability of an copie3. - ~- O nP°t;delech any cppie3~. BCSD ENV.N L.PLAINTIFF1~/ S l ~ ~ ~ ~//~ ` 2. COURT/N/~UMBER (/) t ~J F - 1 L° JI _ 7-1_ I-_ - V..-~-~.G'M1-.c _.YV,S.C. ,... ._ _.-._ 1.1 ! ~~.1.J_Cl - 3. DEFENDANT ~ S /, /" 4. TYPE OF WRIT OR COMPLAINT SERVE 3. NAMEf~QFif.INDI IDUAL. COMP/A15Y. CORPS tRIATION, ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY TO 8E LEVIE .ATTACHED OR SOLD. 6. ADDRESS`t(Stre_e~t ofgyRFD. ~anme [ No., City. Borp TI p(.~St~ate1and ZIP Cptle) ~ f _ ` AT 1 _' YL+.S Ir~ t`7`i ~ (-t S .- J-~ ~-/~ L_E`-~``-C~ ~i"~- T ~ ~l' ~.i ©1 _ e 7. fNDICATE UNUSUAL SERVICE: ~PERSON?L QPERSON IN CHARGE, ~DEP,UTIZE. ^CERT.MAIL^REGIyS7EflED IAAILeaPOSTED -. ^OTHER ' NOW, -a, I~SHERIFF OF ~ BLAIR ,COUNTY, PA., do, herebydeputize fhe Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. ... . . ..' • ~ ~ .,. ..~ _ -_+a,.., .._-._ SHEF~IFi,. O,F BLPIR COUNTY_ _.__._ _ B. SPECIAL INSTRUCTIONS OR~OTHER INEORMATIOa, ATF1AT WILL ASSIST ~IN E%PE~ITING SERVICE: .. - _ .. .t' a ' s NOTE ONLY .tiPPLICASLE ON wRITOF EXECUTION: N.R. WADER OF ~N2A`TL`~IMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same wittioul a waichnian, in c6slody of whomever is found in possession, after notifying,'persori~"of levy or attaphmenl, without liability on the part of such deputy or fhe sheriff to any ptainhff herein for any loss. destruction or removal of any such properly before sheriffs' sale thereof. S SIGNATURE.M ATTORNEY or ether OR[GINATOR re nesting service on 6eha1( of ~- ~ T t0. TELEPHONE NUMBER 4 1 L DATE - ~.{, l 1\'~~.-h v-F• P-"bt-~ t- t~t 1 ~ ~hLAINTIFF _,,. / ~~7 . , ; ._, ' C . I,U L'J-. -, _ ^DEFENDP.IJT •" ,. ~ ~ft'd _ _ ( - SPACE B LOW FOR U3E OF SHERIFF ONLY -r D0 `NOT WRITE ~BELO ;.`i'NI§_ LfN_ Ea ~"~ I ackriovAed~e .edeiot of :he wrt sicNA E of Aulnoriied B -~D D putt' orb "Clerk Arid Tille - i 17. Dale Received 1A. ExpirahonlHearing dale '2' or corgpli m as .ndicated anove. ~rL y-Q,! y1Q / ~ ^..^7~ ~Q,I 'A' ~ f 7 - (~ E t5. I ne:nCy'CERTIFY and RETURN that I have personally served, have served person in charge. ^ have Legal evidence of service as shown in "Remarks" (an reverse) [-nave posteo :he above descri0i~tl property with the writ or complain[ descnbed on the indimtlua6 company, corporation, etc.. at the addeess shown above o< on the indivdUal. ' y-,. car.'pany. comma;ion, etc . at the atldress mserled below by hand inglor Posting a TRUE and ATTESTED COPY thereof. 1St I I I hereby cprnrv and return a NOT FOUND b?cause I am dnaMe to locate the individual, dompzny,-corporation, etc., named above (See remarks belo'M 17 N+me and (Ile. pl ndiv dual served p^ } ~ ~~~rlf ~ly } r /y +' i I /'t / - _ - ~ t8. A person of s~nabla age and tlistroNon ~ i then res ding inYh¢ defendant s usual place RC3d OltlEr , .a* r I _ _ f _ _ - - pf abode _^ 19. Atldress or where served (complete Doty if dillerem Than shown above) (Street or RFD, A resent No. . City, eoro. Twp., 20. Date of Service, 21. Time Stale and ZIP Codel ~'~\v~.,J" ~~ .- ~ ~ - ~ ' ..~ «r' . _. :/ < .Tit b ~... .. i ., 22. ATTEMPTS ~ nt. Date Date IAi es S Tgl Miles Dep. Int. Date Miles I Dep. Int. Date Mites Dep. inl. Date Mlles Dep. Inf. # u ,G~tia~~~ ~-~u ~ ; 4 ~ . 23. Ad: ante Cos' 12A, 2 6. "~ 27. Total Costs ~ _ 28, CO'S~DE'QR FUND 3p. REMARKS ~ i+ ~ ~ ~ ' e~ _ L x - L. ..__. ____~..e. A- ~^ _- __ SO ANSWER. AFFIRMED aid vbscnb d to b¢!ore m8 ;his ~ "' ~~ - - ' ~ ~ By IShenfHOep. Sheriff) (Please Print or Type) _-; t'!' .'~ MY_COMMISSiON EXPIRES _ ! /~ \-~ / ° i ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATUR - 39. Date Receivetl GF AUTHOR/ZED /SSf.'/NG AUTHOR/TY RNO TITLE. (t) The within upon __ _ defendant by mailing to _ by _m. prepaid on a true and attested copy thereof at_ (1 (2 ) . the within named return receipt-requested, postage The return receipt signed by defendant on the __ _____ made part of this return. Outside the Commonwealth, pursuant to Pa. R.C.P. ms attested copy thereof at ~_ ~___~ _, is hereto attai;hed and Ic) (1) (2), by mailing a true. and in the following manrier. ( ) (a) To the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that defendant refused to accept the same. The returned receipt and envelope is attached hereto and made part of ;his return. And thereafter: ( ) (b) To the defendant by ordinary mail addressed to defendant at same address. with the return addressof the Shenffappear~ng thereon. on the ,_ I further certify that after fifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authonties. A certificate of mailing is hereto attached as a proof of mailing. ( ) (3) By publication in a daily publication of general circulation in the County. of Blair , Commonwealth of Pennsylvania, time (s) with publication appearing The affidavit from said publication is hereto attached. (4) By mailing to by a true and attested copy thereof at mail. return receipt requested. postage prepaid. on the The Authorities marked is hereto attached. (5) Ether _ returned by the Postal $kA~~'..:. .. -.-.. "~gla;?S~e'e~.'aF~+Fa:~ .: ~~d,~('~#~~*'s!E~'"`"t>m ~, ..ar ~ .14 `i t I WI~rsFH1i11 +'+94~G'1't'k+IG~ • .1i~ ,~ as~#y~~J1~511= i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MOUNTAIN PEAKS FINANCIAL SERVICES, INC., assignee of GUARANTY NATIONAL INSURANCE COMPANY -vs- Plaintiff(s) CHRISTOPI3ER WEYANDT and CARLA ANN DIEHL, a/k~a CARLA ANN DIEHL-WEYANDT, jointly and severally Defendant(s) NO. 2001-4347 IN CIVIL ACTION PRAECIPE FOR DEFAULT JUDGMENT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Jances R. Apple, Esq. PA LD. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard PittsUurgh, PA 15213-1237 Telephone (412) 682-1466 Fax (412) 682-3138 a F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MOUNTAIN PEAKS FINANCIAL SERVICES, INC., assignee of GUARANTY NATIONAL INSURANCE COMPANY -vs- Plaintiff(s) CHRISTOPHER WEYANDT and CARLA ANN 1~IEHL, a/k/a CARLA ANN DIEHL-WEYANDT, jointly and severally Defendant(s) NO. 2001-4347 IN CIVIL ACTION PRAECTPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant (s~ above-named in Default of an Answer, in the amount of $3576.02, computed as follows: Amount named in Complaint $2850.20 Interest from February 27, 2001 to September 5, 2001 on $2850.20 155.78 Attorney Fees 570.04 TOTAL $3576.02 I certify that Notice of the intention to enter this Judgment was given pursuant to Pa. R.C.P. 237.1. A copy of said Notice is attached, and was mailed on August 20, 2001 by regular mail, postage prepaid and, addressed as follows: Defendant: Christopher Weyandt Carla Ann Diehl RR #3 Box 241 a/k/a Carla Ann Diehl- Weyandt Altonna PA 16601 502 N. Earl Street Shippensburg PA 17257 APPLE AND APPLE, P.C. 1 Dated: D~ BYc ~ ttorneys for iff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MOUNTAIN PEAKS FINANCIAL SERVICES, INC., assignee of GUARANTY NATIONAL INSURANCE COMPANY -vs, Plaintt(j(s) NO. 2001-4347 IN CIVIL ACTION CHRISTOPHER WEYANDT and CARLA ANN DIEHL, a/k/a CARLA ANN DIEHL-WEYANDT, jointly and severally Defendant(s) Carla Ann Diehl a/k/a Carla Ann Diehl-Weyandt 502 N. Earl Street Shippensburg, PA 17257 Date of Notice: August 20, 2001 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 MAYBE 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 ~AN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-3166 Toll free: 1-800-990-9108 APPLE AND APPLE, P.C. By: James R. Apple, Esq. Attorneys for Plaintiff(s) 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MOUNTAIN PEAKS FINANCIAL SERVICES, INC., assignee of GUARANTY NATIONAL INSURANCE COMPANY -vs- Plainti~(s~ NO. 2001-4347 IN CIVIL ACTION CHRISTOPHER WEYANDT and CARLA ANN DIEHL, a/k/a CARLA ANN DIEHL-WEYANDT, jointly and severally Defendant(s) Christopher Weyandt RR $~ 3, Box 241 Altoona, PA 16601 Date of Notice: August 20, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WF THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIM: AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE I; NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOU'. AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT ] SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE TO FIND OUT WHERE YOU ~AN GET LEGAL HELP. Cumberland County Bar Association 2 Libert Avenue Carlisle, PA 17013 Telephone (717) 249-3166 Toll free: 1-800-880-8108 WRITTEN [NG WITH ~T FORTH E OF THIS APPLE AND APPLE, P.C. By: ~~~ ~" James R. Apple, Esq. Attorneys for Plaintiff(s) 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 ~s \ N N ~ '^•J. ~_ ~i [i.'' ~i7'~ n~ 7_! Y'^~ I <° ~c c„ -.-. .'~ ~~ .~ ,fi'~ ~~~, ~' ; ~ ~: ,. ,.. IN TI3E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MOUNTAIN PEAKS FINANCIAL SERVICES, INC., assignee of GUARANTY NATIONAL INSURANCE COMPANY -vs- Plaintiff(s) CHRISTOPHER WEYANDT and CARLA ANN DIEHL, a/k/a CARLA ANN DIEHL-WEYANDT, jointly and severally Defendant(s) NO. 2001-4347 IN CIVIL ACTION NOTICE OF JUDGMENT OR ORDER T0: ()Plaintiff Defendant ()Garnishee 4'ou are hereby notified that the following Order or Judgment was entered against you on (X) Assumpsit Judgment in the amount of $3576.02, plus costs. ( )Trespass Judgment in the amount of ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Dept. of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (X) Entry of Judgment Christopher Weyandt RR #3 Box 241 Altoona PA 16601 ( ~ Court Order ( ~ Non-Proe ( )Confession (~ Default ( ~ Verdict ( ~ Arbitration Award ( ~ Other PROTHONOTARY By: , Prothonotary (or Depu 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MOUNTAIN PEAKS FINANCIAL SERVICES, INC., assignee of GUARANTY NATIONAL INSURANCE COMPANY -vs- Plaintiff(s) CHRISTOPHER WEYANDT and CARLA ANN DIEHL, a/k/a CARLA ANN DIEHL-WEYANDT, jointly and severally Defendant(s) NO. 2001-4347 IN CIVYL ACTION PRAECIPE FOR WRIT n OF EXECUTION ~7~ d Ca``"~'4 t~~ ~rva.,l- ~~~-•H- CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Ja~rces R. Apple, Esq. PA I.D. No. 3?942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hav scan, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fax (412) 682-3138 ,.~ ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MOUNTAIN PEAKS FINANCIAL SERVICES, INC., assignee of GUARANTY NATIONAL INSURANCE COMPANY -vs- Plaintiff(s~ CHRISTOPHER WEYANDT and CARLA ANN DIEHL, a/k/a CARLA ANN DIEHL-WEYANDT, jointly and severally ~. t~, ~-c~, lG4x~ S~2~! ,Q~„l, a, .S~I~~CJS! ~D fenda,t2S'9-1.2~` NO. 2001-4347 IN CIVIL ACTION PRAECIPE 6R WRIT OF XECUT.ION ~ t ~ ~~~r` ~ ~iQ3- TO THE PROTHONOTARY: alca f ~ ~ ie~a,~ ~~~~ Kindly issue the Writ of Execution in the above-captioned matter... (1) directed to the Sheriff of CUMBERLAND County; (2) against Defe dant s) Carla Ann Diehl-Weyandt (3) against Garnishee s (4) Judgment: ~ 3,576.02 Interest from September 6, 2001 to February 26, 2004 on 3,576.02 Amount of Interest $ 529.05 Payments ~ SUBTOTAL: $ 4,105.07 Costs (to be added by Prothonotary): $ APPLE AND APPLE, P.C. Dated: ~~/~~ By:~~- ttorneys f laintifF(s) 1 ~~ ~a C Gc~Caa ~ ~ ~ ~ ~ p ~~ n ~ ` o n ~ ~ ~ ry 7'7 "~ «} ~~ ~~ - -3t _.,. _, 7 T ~' ; _c; m - ~ ~ ` a ~°.~ -_~ --_, ~,. - <.> __ :=~ ~ _~~ `L~ n ~ W ` P~ ~(/~/ ~~ ~' V ~/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MOUNTAIN PEAKS FINANCIAL SERVICES, INC., assignee of GUARANTY NATIONAL INSURANCE COMPANY -vs- Plaintiff(s) CHRISTOPHER WEYANDT and CARLA ANN bIEHL, a/k/a CARLA ANN DIEHL-WEYANDT, jointly and severally Defendant(s) TO: CUMBERLAND COUNTY SHERIFF: NO. 2001-4347 IN CIVIL ACTION -Seizes, levy, advertise and sell all the personal property of the Defendant on the premises located at: 12 W. King Street„ Apt. 2 Shippensburg, PA 17257-1235 Seize, levy, advertise and sell all right, title and interest of the Defendant in the following vehicle: MAKE MODEL MOTOR NO. SERIAL NO. LICENSE NO. Which vehicle may be located at: You are hereby released from all responsibility in not placing watchman or insurance on personal property levied on by virtue of this Writ. Plaintiff guarantees towing and storage charges. APPLE AND APPLE, P.C. Dated: '-~ By: 'Attorneys for 1~Yadi4itiff(s) 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 5 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO O1-4347 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MOUNTAIN PEAKS FINANCIAL SERVICES, INC., ASSIGNEE OF GUARANTY NATIONAL INSURANCE COMPANY, Plaintiff (s) From CHRISTOPHER WEYANDT AND CARLA ANN DIEHL, A/K/A CARLA ANN DIEHL- WEYANDT,12 W. KING STREET, APT. 2, SHIPPENSBURG, PA 17257-1235 (1) You are duected to levy upon the property of the defendant (s)and to sell ALL 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 gamishee(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 aze duected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,576.02 L.L. $.50 Interest FROM 9/6/02 TO 2/26/04 - $529.05 Atty's Comm % Due Prothy $1.00 Atty Paid $167.50 Other Costs Plaintiff Paid Date: MARCH 15, 2004 CURTIS R. LONG Prothonotary (Seal) ~~~ Deputy REQUESTING PARTY: Name JAMES R. APPLE, ESQUIRE Address: APPLE AND APPLE, P.C. 4650 BAUM BOULEVARD PITTSBURGH, PA 15213-1237 Attorney for: PLAINTIFF Telephone: 412-682-1466 Supreme Court ID No. 37942 WRIT OF EXECUTIION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-4347 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MOUNTAIN PEAKS FINANCLAI. SERVICES, INC., ASSIGNEE OF GUARANTY NATIONAL INSURANCE COMPANY, Plaintiff (s) From CHRISTOPHER WEYANDT AND CARLA ANN DIEHL, A/K/A CARLA ANN DIEHL- WEYANDT,12 W. KING STREET, APT. 2, SHIPPENSBURG, PA 17257-1235 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY. (2) You are also duected 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 aze duected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,576.02 L.L. $.50 Interest FROM 9/6/02 TO 2/26/04 - $529.05 Atty's Comm % Due Prothy $1.00 Atty Paid $167.50 Other Costs Plaintiff Paid Date: MARCH 15, 2004 CURTIS R LONG Prothonotary ~ (Seal) y~ ~By: ~~ ~ ®//i»A~4e Deputy REQUESTING PARTY: Name JAMES R. APPLE, ESQUIRE Address: APPLE AND APPLE, P.C. 4650 BAUM $OULEVARD PITTSBURGH, PA 15213-1237 Attorney for: PLAINTIFF Telephone: 412-682-1466 Supreme Court ID No. 37942 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Poundage 2.26 Advertising 10.00 Law Library .50 Prothonotary 1.00 Mileage 28.72 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale 15.00 Garnishee TOTAL 115.28 Sworn and Subscribed to before me this .s ~ day of ~j ~,, 2005 A.D._~~ ,v pro onotary ' Advance Costs: 150.00 Sheriff's Costs 115.28 34.72 Refunded to Atty on 05/03/05 ;_.~~ ~-~ `~ ~~ ~~ ~~? I. ~~ ~_ G2 4 ~ 1 B `f ~, /~3~$Ll ~a `hHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-4347 IN CIVIL ACTION MOUNTAINS PEAKS FINANCIAL SERVICES, INC., assignee of GUARANTY NATIONAL INSURANCE COMPANY Plaintiff, vs. CHRISTOPHER WEYANDT CARLA ANN DIEHL, a/k/a CARLA ANN DIEHL-WEYANDT, jointly and severally Defendant. PRAECIPE FOR SATISFACTION OF JUDGMENT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA LD. No. 4209,6 APPLE AND APPLE, ~.C, Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213 Telephone: 412-682-14,.66 Fax: 412-682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2001-4347 IN CIVIL ACTION MOUNTAINS PEAKS FINANCIAL SERVICES, INC., assignee of GUARANTY NATIONAL INSURANCE COMPANY Plaintiff, vs. CHRISTOPHER WEYANDT CARLA ANN DIEHL, a/k/a CARLA ANN DIEHL-WEYANDT, jointly and severally Defendant. PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. APPLE AND APPLE,~'.C. Dated: BY~ ttorney or laintiff(s) I HEREBY CERTIFY THAT THE FOREGOING'''~S TRUE AND CORRECT STATEMENT OF THE ABOVE CASE. THIS STATEMENT IS MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. 4904 RELATING TO UNSWORN FALSIFICATIONS TO AUTHORITIES. ~~~ ,,t k^ "E~ ~ ~ ~ ~ 0 a v ,..fl O ~ r,, 1. a ti cn ,' ~.~ ~c " ~''