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HomeMy WebLinkAbout99-06425 ?Y H : ? i t ' t rv ?? s a? j "r x \ ?H x ? X y{T. 4 get; S zb3t ar ' h t i ? Do ! A \ ?H y y `?i1 r \ ,y 4 T } t' j f P J F {fir. TU i A 1 { q A 21, f 6 I 1 • 4$ • .! C?' , Y4 r \ ? C V f: V S v O :-% VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. 472094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF 1 PROVIDIAN NATIONAL BANK Plaintiff VS. DALLAS O HOCKENBERRY Defendant MELLON BANK, N.A. Garnishee CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 99-6425 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of the Plaintiff and against the Garnishee, MELLON BANK, N.A., in the amount of $3,931.33, admitted in the Answer to Interrogatories to be in garnishee's possession for a total judgment amount of $3,931.33. PARK LAW ASSOCIATES, P. VAL/:aY YID l\VVI+..VUV a.• aru..., uvy,v -..r Attorney for Plaintiff AND NOW, to wit, this?day 0kL 2000, judgment is entered in favor of the Plaintiilfff and against the garnishee aforesaid in the amount of $3,931.33. 'PROTHONOTARY C J 'V' • ) • / <y: i w+fk. r t -i 4 ? = f% VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. 072094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK Plaintiff VS. DALLAS O HOCKENBERRY Defendant MELLON BANK, N.A. Garnishee : CUMBERLAND COUNTY : COURT OF COMMON PLEAS NO. 99-6425 N O T I C E 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: { Judgment on Award of Arbitrat on {{ Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: PARK LAW ASSOCIATES, P.C. at this telephone number: (215) 348-5200. PROTHONOTARY: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Judgment by Default X Money Judgment Judgment in Replevin Judgment in Possession i VALERIE ROSENBLUM PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VS. DALLAS O. HOCKENBERRY Defendant NO. /??- (?`7?`J @' ,u V 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 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 other claims 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. <<i CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (800) 990-9108 THIS IB AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. } Y VALERIE ROSENBLUM PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TIMON, NH 03276 PLAINTIFF VS DALES O. HOCKENBERRY 402 N Bedford Street Carlisle, PA 17013-1911 DEFENDANT NO. 9Q. G'/•t &a 1iu CIVIL ACTION 1. PROVIDIAN NATIONAL BANK, an organization domiciled at 295 MAIN STREET, TILTON, NH 03276, and existing under the laws of the United States of America, is the owner of a credit account opened at the request of the Defendant. 2. The Defendant is DALLAS 0. HOCKENBERRY, an individual who resides at 402 N Bedford Street, Carlisle, PA 17013-1911. 3. The Defendant is indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendant or authorized by the Defendant on a credit card or line of credit owned by the Plaintiff bearing account number 4428470876711111. 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A." 5. The Defendant has failed to pay the amount owed in accordance with the account agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $3,528.23 as of 07/13/1999, plus pre-judgment contractual interest at the rate of 15.908 per annum, less payments made. 7. In accordance with the documentation attacheo as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $705.00. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $3,528.23, plus pre-judgment interest at the contractual rate of 15.908 per annum from 07/13/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $705.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. a ??g A rx h ? COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS Valerie Rosenbluth Park, Esquire, being duly sworn according to law, deposes and says that she is the attorney at law for Park Law Associates, P.C.; ( ) That the party lacks sufficient knowledge or information to take a verification; Outside the jurisdiction of the Court and that the parties yverification can not be obtained within the time allowed for filing of the foregoing; That I am authorized to take this verification; that the facts contained in the foregoing matter are true and correct to my information and belief; and That the source of my information or facts of documents are provided by my client. 1' PROVIDIAN Prowl National Bank VISA.p or %las!erol Accounl Agreement for Dallas 0 Horkercem/ Please review this documert and keep A *-In yobf other mporlint pacers Tris Accost A, feement ccntan/ me terms 00 gove!n lour PPovdian National Bark VISA or MasterCard Account the 'Account*) The Account ailoeis you to make pumWSel by using your VISA a MasterCard cold Die Card') wherever it c rcncted and to gel calls advances from us of any other par6cpating hhna icul institution and from Automated Teller Machines Convenience checks may also be Cr/vVed a You as an addtcnal may Io use Ire Account in Res Agreement `you' and *your' mean each person for venom we have opened a credit card Account "he "our "curs' and 'u:' mean provoan f larxnai Bark of is ass gnees as isted an your boiling stalemert Toe Account may be used wry for personal family housencid and craraabe purposes and not for any business Or co or e c al purpose Any use at to s account soil ccnstilote acceptance of the terms of this Agreement You and we agree as follows Payments. You will receive a monthly statement snowing your outstardmg balance Payment an this Account is reouned m U S cellars (Checks must be payaole at a U S office of the bank the check is drawn on) for at least the payment due as Flown on your statement by the payment due date on accordance with paymerl nslfuctxns on your monthly statement Convenience checks and other checks we issue to you may rot be used to make payments on your Account a to make payments on any Other account you have from ul or our affiliates The payment due will be 2% of Irv new balance shown on your statement pus the amount Of any past Cue Mmert and may,nclude the amourl by vingn Ilse new balance exceeds your credit line However the payment due will not be less than $15 (unless your new balance is less man 515 in which case the payment ae will be the amount ogre rem balance) If your Account s past Cue or above the credit line we may require a higher minimum payment but fre will notify you before doing so If your payment is rrcie than the payment dive m will ple treated as a single payment and none of it will be applied to future payments due We may accept late or Canal payments or payments marked opal m h;e' fir marked won other reshchons wdtioul losing cur right to collect all amounts Owing under tors Agreement Finance Charges. Except as described in the Grace Period for Purchase Balance section of this Agreement, finance charges begin to accrue on a deal when it is included in one of your dally balances and continue until that balance is refixed by a payment or credit your Account has the folew?ng balances The Purchase Balance wnxh consisq of our among Purchase Balance and new purchases you make with your Card and fees for certain optioeai services. one or more Cullom Cash Advance Balances cancels consists of balances that you transfer to your Account using balance transfer checks and balances that we transfer for you and the Cash Advance Balance IkhKh C1nbSIS of ail other cash advances Any payment amount we receive that exceeds the finance charges and feel then due will orcinanly to applied find to the Balance wltn the lowest Annual Percentage Rate (APR) until that Balance n zero are then to the Balance with IN next lowest APR, until that Balance is zero, and then to any remaining Balance We reserve the Not to apply payments differently vo further notice The Purchase Custom Cash Advance. and Cash Advance Balances are reduced by Payments as or the dale received and by credits as of the date posted Purchases are nctuCed in your Purchase Balance as of the date made Custom cash advances are included in your Custom Cash Advance Balance as follows funds electronically Iransm fled to other lenders to transfer balances. as of the date IransmAled, checks to transfer balances, as of the date pesenl&J to us Ctner cash advances are included in your Cash Advance Balance as follows cash advances from other financial institutions and through Automated Tellers, as of the date made, cash advance checks made payable to you that are identified as cashier, s checks and marled to four at your request, as of seven days after the date we print on the check, as other checks, as of the date presented to us Other deCia are Included m your Purchase. Cullom Cash Advance, or Cash Advance Balance as of the Cale posted Finance charges are added to your Purchase, Custom Cash Advance and Cash Advance Balances each day and are men poled on the last day of Ire boiling cycle There is no grace period for custom cash advances Of other cash advances To !gore the daily finance charge for each hype of Balance. we start w.In your pevaus day's Balance add all debits and subtract all credits for the current day and mullpty the net amount by the applicable daily Periodic rate (see following paragraphs) The finance charge for each type of Balance is then added to and -ncWded in that day's Bounce We treat a credl balance for any day as zero We determine the total finance charges on balances for the lolling cycle by adding together Ilse finance charges for,:ach hope of Balance for each day within the billing cycle In Calculating finance charges, an adlustment will be mane for any transaction or payment that wad have alfec:ed the finance charge calculation in a prior boiling cycle had it been posted in Thal cycle The applicable daily periodic rote fa such a transaction will be the rate in ell ect for IN current pining Cycle rather than the rate in eBect on the date of the transaction Your statement includes an average dairy balance for each type of Balance You can muttply each average daily balance that is not zero by the number of days in the billing cycle and the periodic rate to obtain subtotab, and then add the subtotals together to determine your total finance charges on balances for Ilse bitting cycle Its cash advance transaction fee is charged, that amount is also a finance charge The term'Preme Rate' as used in the Agreement means the nghesl prime rate published in the Will Street Journal m the first business clay of the pwaus calendar month Any increase or decrease in the Annual Percentage Rate win lake elled on the Irst dal of your to cycle and may result in a slight increase or decrease in the amount of your mnmum payment You can arrange to have a variable rate (not below 5 9%) for purchases which is lower than the lowest nommtrodclory ANNUAL PERCENTAGE RATE (APR) you are paying on a7, of your other credit card o retail accounts This APR is available ony if you provide proof in the form of a copy of your most recent billing 1laement, showing your other ran-mlrodxtoryAPR r new APR will take effect in the boiling cycle following our review of our proof but not sailer than the era of your rlroductory period Ur.til your new APR takes effect, or it we do not receive proof of Yout lower APR, your APR for purchases will be as folks lyre ANNUAL PERCENTAGE RATE CAPRI for purchases wiu varyry and may be adiusted each billing cycle k0 to 7 4% some Prune Rolla. but will in no evert be less than 159% Using in.$ formula, the APR for purchases in the August 1 . blyng cycle is 159%. corresponding to a daily periodic rate 11004356% You can arrange to have a vanable APR (not below 12 9%) for custom Cash advances Malls lower than the menage non•mlroductory APR you have been paying on the total balances you have transferred from other Credit card. retail. and msta!lment accounts provided your other accounts were open in August I993 Ir ca¢c!aung this APR we will take into account the APRs on me credit account baunces you have transferred from other lenders This APR is available only if you provide proof in the form of copies of your most recent bltinp statements, showing your other nonantrodiAloty APRs Your new APR will take effect in the poling cycle follows our review of your proof, but not earlier than the end of your introductory period If we do not receive such paof you APR for custom cash advances will be as follows The ANNUAL PERCENTAGE RATE for custom cash advances is 23 3% corespondng to a dailyperiod: rate 0 006384% The ANNUAL PERCENTAGE RATE for cash advances is 23 3% corresponding 10 a daily periodic tale of 006384% If your payment is received Late twice in any 12-moftn period or if you significantly increase your total unsecured dent (as exaained in the CREDIT REVIEW paragraph) the APR for purchases may increase, but will not exceed 18 9% corresponding to a dairy periodic rate of 0 D5178%, and the APR for cast. advances and custom cash advances may increase. but will not exceed 23 3%, carespondng to a daily peradc rate of 006384% Your Account may be eligible for lower APRs aver you have met the terms of this Agreement for three months If you contact uS fre wlll review your Account to determine your eligibility nor lower APRs CREDIT REVIEW SPECIAL REQUIREMENT Your APR can increase based on a sgnifl increase in unsecured debt, if your total unsecured debt and your total unsecured deft with other lenders each increases by more than S5 000 and your annual househod income is less than four Imes your total unsecured debt Grace Period for Purchase Balance. New purchases posted to your Account lit Will cycles with no previous balance or when the pev" balance was fully pad dunrig the cycle, do not begin to incur a finance charge until the start of the next polling cycle You will pay no finance chair on sucn new purchases if you pay t e total new balance in fun by the payment due Cale shown on yourstatement New purchases Posted in any other boiling cycle incur a finance charge, and there rs no period in which such purchases may be repad without incurring a finance charge Fen. We will charge your Account up to SO for each Card you ask us to replace each returned payment check, each check you vinte on your Account that we return unpaid, each slop payment order or renewal of such an older. each filling cycle within which your Account is delinquent (late charge). and each bring cycle within which your balance exceeds your oredt line even it your Account isclosed If you iect copes of tolling slatero that were first sent to you more than three months earlier, we may charge a nand.ng fee of $2 for each such copy A cash advance fee of 2% (muumum $5. maximum 520), which is a FINANCE CHARGE, maybe charged for each cash advance transaction made on your Account Default You will be in default if any information you provided us proves to be irv:omplete of untrue if you do not comply with ary pan of this Agreement, upon your death, bankno Of irisoklency, if you do not pay other debts when due if a bankruptcy pectin is filed by of against you or d we believe in good fa;h that you may not pay or perform your obligations under this Agreement if you are in de suit we may, w,th out further demand of notice. cal your credit privileges declare your Account balance immediately due and payable, and use any remedy we may have in the event of your default the Outstanding balance on your Account shall continue to accrue mlelelt at Ilse APR(s) disclosed in the Finance Charges section of mrs Agreement, even of we have filed sun to collect the amount you owe Credit Line. Your Credt are is specified from time to lime in a separate notice We may Icrease or decease your creel lire based on information we obtained from you Or your credit records Your mailable credits normally the difference beMeem your credit line and year Account balarKe (inckudng IransactxrS made Or autnonzed but not yet posted) N yousend us a large payment check, we may Il your mailable credit while we confirm trial Ire creek wiu oc law For certain trarsaviens available credit oral be less You wiu not use your Account for and we may refuse to how, any transaction which would cool you to rioted your maiabe credit Promise to Pay. You promise to pay us when fix all amounts borrowed wren you of someone else use your Acccurt (even I the amount charged exceeds your permisscro all other transactions and charges to your Accounl and collection costs we incur mruong but not limned a reasonaple anornej s fees and Court CCSIS (it you win IN suit we will pay your reasonable attorney's fen and court costs ) Changes. After we provide you any notice required by lam wee may crane any pal of tail Agree.^ent ms alas c+ remise re;: to-ent:, if a change is made to the Finance Charges section of this Agreement me new finance charge calculation will apply to your entire A;ccurl halance from Ire r'feche dye of ire orange Changes will apply to Wlancel that IrCWdr nemS pn'ed to ygyr Arcaml before the Byte of pre manse and cant acpy wnemer o nos you ccrt.nue to v;e Ira AC.OLnI Foreign Exchange/Currency Conversion. If you use your Card for Irarsacl ors in a cunerCl ceer'han u S soars Ire l a-miclcns l to convened Id U S cll genefay vial enter a p) 109 lint (Continued on reverses f58ad-0628) 442841708 76 71 f 111 073) gWlnnmenl•marxasled rate of (a) *hci a market rate in effect The day before the fransacfan n processed lKleased by mite perttni (39) if a Cre'at,s Sum-sutanr given fp a rraneau. I Wlq be decreased by the same CerCentage The currency conversion rate used on line Conver on dale m- y differ from the rate in effect on Ire ds'e you used your Carl Ipb agree to rri t rite converted amount in U S dollars The Card; Cancellation. You may cancel your credit oiNsi at any time by noufpng us in wnfing and destroying the Cai Upon the Card expnlor at IM end of the month $town m it we reserve the right not to renew the Card We may cancel the Lard and your credit bfivileges at any lime after 30 days notice to you or Nithcul notice if permitted by law If your Card n came xea of not renewed. finame charges and other fees will continue to be assessed payments w•ll continue to be due and all other apV¢aae Crcmdons of ttis agreement will remain in effect it ypu terminate your credit privileges ord we cancel of do not renew the Card you may no longer write checks on your Account and you should desirof any unused checks we have issued to you Personal Information; Documents. You will provide us at least 10 days MIKE it you change your name home of mailing address teleCMre nuri emskorr i of income Upon our report you will provide us additional finarcal information We reserve the right to obtain information from others including credit reprrtng agenc:ei and to provde your adhess and information about your Account to others We may also share information wren cur affiliates However you may write M us at any time ntfuclu+d us rot Ip share Prv31 nl0rmalKn w,lh our affdates Ilyou do not fulfill your oblgatKKls under this Agreement a negative creol repot that may rehect on your credit may De submgled tO the Cecil reConing agencies Customer Service; Unauthorized Use, Loss, or Theft of Checks or the Card. Each Card must be sgrted on receipt You are responsible for safeguarding the Card Yyour Personal Identification Number ('PIN', which provides access to Automated Teller Machines) and any checks issued to you from then and keeping your PIN separate from your Card II YYou fkscover orsuspect Inal your Card, PIN, or any unused checks are lost of stolen or trial mere maybe an unautnonzed transaction on your Account you willpromptlynctM us ty caling 1a1MI133-Tg]t So we ern immediately act to limit losses and Iaoruiy you will p" us even though you may also notify us in writing Your lability !or unauthorized use aamng before you notify us n landed to S50 II you reign of we suspect unauthorized use o you Account, we may suspend your credt privileges until we resolve the problem to our satisfaction a asue you a new Card II your Card is lost of Osten, you will promptly destroy aid checks n you possession To improve customer service and security. you agree trial your calls may to morvtored or recorded Merchant Retailers. We wig nor be ki if any person or Automated Tager Machine refuses to honor the Card of accept your checks, of fads to return ere Card to you We have no responsb4ry for goods and services purchased wim the Card or checks except as required by laN (See Special Rule below I Certain penefts Inal are avanaae with the Account are provided try turd-party, vendors We are not responsible for the quality, availabihty. of results of any of the ser/Kes you choose to use Stop Payment Orders, II you will to stop payment on a check, you may send us a sloo payment order by wnfing to us at our address for customer service Idled on your statement You can make a slap payment order orally by caning ttte number tested en your statemenl When you make a stop payment ce=3 must atrvde your Account number and speafK information clad the ctak the exact amount, the date on the on k, the name of the ry, to venom g was Maple the name of the persigned d and me check number You wen be asked to confirm an oral stop payment order fn writing we may dsreaaM v .r nxT a r f w rip Ml recen a "' wnntn conLrmatan wmm? Mo weeks aher Ire oral order or if we have not received an adequate description of Ina hem so trial payment can be stopped no order will rot be effective if ire check was paid by us before we had a reasorsoie opportunity to act on the order We may. without habiky, disregard a wntlen stop payment order sin months after receipt unless it a renewed in writing Standard of Care. Because Mrs Account involves both cedl card and check transactions which are processed through separate national systems before the transactions are colsoldatedby us, and bemuse not every check and Card slip will be sent to us, transactions in your Account will be processed mechanicalN Nnnout our necessarily reviewing every gem Our processYg system will cell our attention to certain items which we win examine We will examine all 12rISMiicn when you report final your Card or checks nave been lost of stolen We do not intend ordni to examine all items, andwe will not DQ negligent if we do not do so This rule establishes the standard of ordinarytare nano we in good faith will exercre n admnnterutg your Account Because of our limited review, and because nether your cancelled checks nor Card transaction shq will be returned to you with the monthly stalement you should be careful to enter as checks in your Deck regnler a otnerwss keep a record of them you should also save your credil card cash advance and purchase slips You agree to check Your monmN statements against your record and to nobly m mmedallN of and unaubli IransacfoM or errors Waiver of Certain Rights. We may delay of waive enforcement of any provision of this Agreement without losing our right to enforce it of any other provision later You wane the right to presentment, demand, protest, or notice of dishonor, any apolKable statute of kmda arts, and any right you may have to require us to proceed against anyone before we file suit against you Applicable Law; Severabilly; Assignment No roarer where you Irve, inn Agreement and?tar Actaunl are governed by federal law and by Nrw Hamghue dew Thn Agreement n e Mal expressor of ore agreement between you and us and mey M16e conlradcled oY evdeMa o airy alleged oral agreement. If amf paisan of IM Agreement n neW lobe tmeld a unenforceaNe, you and we wtA carder WI provnor madifled to conform to applKabb caw, end the rest of the Provnans in IM Agreement will still De enlaceable Al airy Ime everl we determine n good berth real arty proposed a enacted leryslator, reguWlary action, or rydwl deGSon has rendered or may render any materol panwns of inn Agreement tmatd a unenlaceaDb, d f impose by eicreased tax, reporting reWuemenl, or other m connector with provision or may, ah drys . notice per bu rden arty such its enfor ce in ent we er at least mgted by law. receive Io MIK you4 oa wimaf such an event to protect the tericel U e Ca and and your Cradt pNikges We may transfer or assig n ou r right to all a some of your payments It state caw repu rM I 30 naI you noticat purchaser a assgnea, we may give you such MIce by Ntng a finaaurg slatemenl win ire scale's Secretary of State Notices. Other notices to you she$ be effective when deposited to the mad addressed to you at the address shown on our records, unless a longer notice period is specified in this Agreemenl a by law, which period shah start upon mailing Notice to us shall be mailed to out address nor customer service on your statement (or other addresses we may spebfy) and shall bee ecave when we receive it YOUR BILLING RIGHTS -KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your i and our respanblitxs under the Far Clock! BAing Act Nodfy Us In Cue of Errors or Questions About Your Bill. If you think your bill is wrorg or d you need more infori about any transaction on your be write us on a separate sheaf, at the address Isted in the Billing Rights Summary on your biA Write to us as soon as possbe We must hear from you no later than 60 days after we sent you IM first bill on which the errs or problem appeared You can telephone us, but di so will not preserve your nghts In your letter, give us the following information ..Your name and Acc%ni number - The dollar amount of per suspected error - Describe the era and explam, it you can why you believe there is an error If you need more information describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Wrlffen Arri We must acknowledge your letter within 30 days. unless we rave corrected the errorby then VAIM 90 days, we must either correct the error or explain why we believe the bill was correct After we receive your letter, we cannot try to collect any amount you question, of report you as delinquent We can cdnenue to big you for the amount you question, mdudinq finance charges, and we can apply any unpaid amount against your credil line You do MI have to pay arty gxshoned amoral while we are investigating, but you are still cblgaled to pay the parts of your ell trial are not to question If we find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount If we cb&*l make a mistake you may have to pay finance charges, and you will have to make up the missed payments on the questioned amount In either case, we will sendyou a statement of fine amount you owe and the date that it is due II you lid topay da amount we think you owe, we may report you as delinquent however, if our explanation does riot satisfy you and you wore to us within 10 clays failing us that you stil refuse to pay, we must lei anyone we report you to that you gmton your pill And. we must leu you the name of anyone we reported you to We must tell anyone we report you to that ire matter has been settled between us when it finally a If we don't follow these rules, we mn't collect the first SW of the questioned amount, even it your bill was correct Special Rule for Credit Cud Purchua. If you have a problem with the quality of the popery or services that you purchased with out credit card and you have Vied in good faith to correct the problem with the merWnt, you may riot have to p the remaining amount due on the goods or services There are two Imeatcns on this right a) YOU Must have made the pui 111YOUN hone slate, or if not within you home stale, wnhm 1ay00 miles of yyour current mailing address. and (b) the purchase Price mmf have been more than S50 These limitations do not am it or operate the merchant, or it we mailed you the advertisement for the property of services _:1 ir own i N `%' :rS C U c? s+ ? 'S ?Y1 $,y{„p?1 JS 5+7.+v?$t}wFj S d 2 ?i 4+.v tr4 a ? Al, _ .uKV9?,aE, a VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 402 N Bedford Street Carliale, PA 17013-1911 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS DALLAS 0. HOCKENBERRY Defendant NO. 99-6425 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL $3,528.23 $705.00 $216.71 ($0.00) ($0.00) $4,449.94 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". VALERIE ROS BLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, , , Judgment is entered in favor of the Plaintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. PROTHONOTARY PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 402 N Bedford Street Carlisle, PA 17013-1911 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS DALLASO.HOCKENBERRY Defendant NO. 99-6425 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMTENT TO: DALLAS 0.HOCKENBERRY 402 N Bedford Stmt Carlisle, PA 17013.1911 DATE OF NOTICE: 11/19/99 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF 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 TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Avmw? VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF:402 N Bedford Street Carliale, PA 17013-1911 COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS DALLAS O. HOCKENBERRY Defendant NO. 99-6425 VERIFICATION OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that DALLAS O. HOCKENBERRY, Defendant is over 21 years of age; that his/her place of residence/business is located at 402 N Bedford Street Carlisle, PA 17013-1911 and that he/she is employed and that he/she is not in the Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. PARK LAW ASSOCIATES, P.C. BY:_ _ Valerie Ro luth Park Attorney for Plaintiff B10 VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 402 N Bedford Street Carliale, PA 17013-1911 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS DALLAS 0. HOCKENBERRY Defendant Pursuant to Rule 236 of you are hereby notified against you in the above NO. 99-6425 NOTICE the Supreme Court of Pennsylvania, that a Judgment has been entered proceeding as indicated below: [X] Judgment [ ] Money Ju [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Praecipe by igm, in in on on on on on on to Default ant Replevin Possession Award of Arbitration Verdict Court Findings District Justice Transcripts Judgment Note Writ of Revival Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number:(215) 348-5200. P "HO ARY PURSUANT TO THE FAIR DEBT COLLECTION PRA ACES RCT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. t? r1 ?" CrIb i n A. w r u 1S5.L E Ell l V` J ? 'rc r ? i b yf v ? dgy' l V fT?n 1 ?•£µ 16 R{? ?r SHERIFF'S RETURN - REGULAR CASE NO: 1999-06425 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS. HOCKENBERRY DALLAS O HAROLD WEARY Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon HOCKENBERRY DALLAS 0 the defendant, at 19:51 HOURS, on the 27th day of October , 1999 at 402 NORTH BEDFORD STREET CARLISLE, PA 17013-1911 CUMBERLAND , County, Pennsylvania, by handing to BARB FRITZ (ROOMATE) a true and attested copy of the COMPLAINT , together with NOTICE , and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers:.? Docketing 18.00 Affidavit 3.00 Surcharge 8.00 R-TfSbmdu Milne, S $29.10 PARK T4AW9ASSOCIATES wupu4y 5 Sworn and subscribed to before me this Sri day of k"4- .. 19A.D. ??? n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDIAN NATIONAL BANK ) No. 99-8425 Plaintiff(s), ) Praecipe for Appearance VS. ) Code: 200 Execution DALLAS 0 HOCKENBERRY ) Filed on Behalf of Garnishee, Mellon Bank, N.A. Defendant(s), ) VS. ) Counsel of Record for this Party: MELLON BANK, N.A., ) Barbara Davis Paisley, Esquire Garnishee. ) PA I.D. No. 44887 Mellon Bank, N.A. Legal Department, 193-0850 1735 Market Street Melon Bank Center wmsl ) Philadelphia, PA 19101-0001 (215) 553-0292 M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE TO: Office of the Prothonotary One Courthouse Square Courthouse Carlisle, PA 17013-3387 Sir. Kindly enter my appearance on behalf of Garnishee, Mellon Bank, N.A. ' Barbara Davis Paisley, Esquire Mellon Bank, N.A. Legal Department, 193-0850 1735 Market Street Mellon Bank Center Philadelphia, PA 19101 wrftd Certificate of Service I, Barbara Davis Paisley, hereby certify that a true and correct copy of this Praecipe for Appearance has been served upon the following by depositing it In the U. S. Mail, postage prepaid, this IMI day of 19/a 2000. - 6r- Valerie Rosenbluth Park Esquire Park Law Associates 25 East Slate Street P O Box 1779 Doylestown PA 18901 Dallas O Hockenberry 402 N Bedford St Carlisle PA 17013-1911 Barbara Davis Paisley, Esq Whi x r tl ' 6?+4 r K 1: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 99-6425 PROVIDIAN NATIONAL BANK, ) Answers to Interrogatories Plaintiflis), ) Code: 200 Execution vs. ) Filed on Behalf of Garnishee, DALLAS 0 HOCKENBERRY, ) Mellon Bank, N.A. Defendant(s), ) Counsel of Record for vs. ) this Party: Barbara Davis Paisley, Esquire MELLON BANK, N.A., ) PA I.D. No. 44687 Garnishee. ) Mellon Bank, N.A. Legal Department, 193-0850 1735 Market Street Mellon Bank Center Philadelphia, PA 19101-0001 writsp ) (215) 553-0292 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDIAN NATIONAL BANK, Plaintiff(s) vs. DALLAS 0 HOCKENBERRY, Defendant(s) and MELLON BANK, N.A., Garnishee. No. 99.6425 ANSWERS TO INTERROGATORIES OF GARNISHEE, MELLON BANK, N.A. The Garnishee, Mellon Bank, N.A. responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS 1 to 8) At the time of service of above-captioned Writ of Execution and to the present, Mellon Bank, N.A., provides the following Answers to Interrogatories: The Garnishee, Mellon Bank, N.A., states that it maintains a savings account in the name of the Defendant, Dallas 0. Hockenberry, with an amount of $3,931.33 being held subject to this Writ of Execution, which amount the Garnishee believes is sufficient to cover the judgment plus costs. COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF PHILADELPHIA ) Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Christine H. Stroczan who being duly sworn according to the law deposes and says that she is the Manager, Legal Support Services, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. Z' - Ot Christine H. Stroczan Sworn and subscribed before me th's O day of 2000. NOTARIAL SEAL DEBRA WALLACE. Notary Put> is City of Philadelphia, PtMa. County My Ccmmission xpt8s Nov. 12. 2002 writsp 1, Christine H. Stroczan, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this day of J.j 1/ U 12000. Valerie Rosenbluth Park Esquire Park Law Associates 25 East State Street P 0 Box 1779 Doylestown PA 18901 Dallas 0 Hockenberry 402 N Bedford St Carlisle PA 17013-1911 Christine H. Stroczan?` ?, ,?, It i? ? j? ?^ ,.,.. I_; `yam ! 1 cl ?'j. :.? ri? i. iiL : tt. ? a p :?> j . C SHERIFF'S RETURN - GARNISHEE CASE NO: 1999-06425 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS HOCKENBERRY DALLAS O And now SHANNON SUNDAY Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 1415:00 Hours, on the 29th day of June , 2000, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT HOCKENBERRY DALLAS O in the hands, possession, or control of the within named Garnishee MELLON BANK 4101 CARLISLE PIKE CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to C1NDI WIDENSKY, PERSONAL BANKER , personally three copies of interogatories together with THREE true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So answers, Docketing .00 r?,.GtG ! / Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 00/00/0000 Sworn and subscribed to before me this 19 day of L ,cry A. D. By ?I?,+Tvr: //l Deputy Sheriff Priodhonotary IN THE COURT OF CO?WN PLFAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXCUTION Caption: . ( ) Confessed Judgment Providian National Bank c/o 25 E. State St, PO Box 1779 Doylestown, Pa. 18901 VS. Dallas 0. Hockenberry 402 N. Bedford Street Carlise, Pa. 17013-1911 Mellon Bank, garnishee 4101 Carlisle Pike Camp Hill, Pa. 17011 To THE PROIHONOi'ARY OF THE SAID COURT: : ( ) Other File N0.99-6425 Amount Due $3,528.23 Interest from 12/9/99 Atty's Ccnm Costs 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 orj.ginal 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 natter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) Dallas 0. Hockenberry and Mellon Bank, garnishee PRAECIPE FOR ATTACIMM EXWlCICN Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) Levy against all Savin a accounts, checking accounts, certificates of deposit an obligations owed to the Defendant, Dallas 6- oc en err ?177-42-4190 Mellon Rant, gaFnie`ee' and all other property of the defendant( s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) real estate of the defendant(s) described in the attached exhibi DATE: a lis pendens against Signature: Print Name: PArk ddress:25 F Strata St. PO Box 1779 Doylestown, Penna. 18901 , M,-?Y for: Providian National Bank 215-358200 r ;o .. 72094------- ---- Notes, If real property, supply six copies of description including inprovements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. Rb index writ, file separate praecipe with writ. 70 u i qCO) ?1S o° 2 I I ( _ z J ? q w ? ? ; W ti R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs : Docketing $18.00 Law Library .50 Prothonotary 1.00 Garnishee 9.00 Surcharge 20.00 Levy 40.00 Service 11.78 Poundage 70.56 $170.84 pd by deft 0 Sworn subsc ribed to before me R. Thomas Kline, Sheriff , This P? day of BY D put Sheriff 2000, A. D. / emu Q, ?jte?i, , AD ? r thonotary 0 -u 0 -n ui ,r: +t V1 \.1ti Clz j ,1i S 1, luv. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-6425 CIVIL 1???rm COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Providian National Bank PLAINTIFF(S) from Dallas 0. Hockenberry, 402 N. Bedford St., Carlisle, PA 17013-1911 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell property of the defendant(s) Dallas 0. Hockenberrty and Mellon Bank, garnishee (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of rawngai_nat all Rayingc; arrnmin4a, cbPrking armunt-q. Certificates of -deposit and obligations owed to the Defenant, Dallas O. Hockenberry 177-42-4190 at Mellon Bank, garnishee - 4101 Carlisle Pike, Canp Hill, PA 17011 GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been Issued; (b) the gamishee(s) is/are 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 inthepossession ofanyoneother than a named garnishee, you are directed to notify hinvherthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,59R-93 L.L. $.50 Interest -from 12/9/99 Due Prothy $1.00 Atty's Comm Ahy Paid $101.60 Plaintiff Paid Date: June 26, 2000 REQUESTING PARTY: Name Valerie Rosenbluth Park, Esq. Address: 25 E. State St., P.O.Box 1779 Doylestown. PA 18901 _ Attorney for: Plaintiff Telephone: 215-348-5200 Supreme Court ID No. 79094 Other Costs Curtis R. Long Prothonotary. Civil Division by: Deputy DISTRIBUTION ATTORNEY: Valcric Roscnbluth Park WRIT N0. 1999-6425 Civil Tcrm Providian National Bank VS Dallas 0. Hockenbcrry REAL DEBT $3528.23 INTEREST 133.98 ATTORNEY'S COMM. WRIT COSTS, ATTY. 101.60 WRIT COSTS, PLIFF. MISCELLANEOUS $3763.81 SHERIFFS COSTS: DOCKETING $ 18.00 POUNDAGE 70.56 POSTING SALE BILLS ACUTIONEER LAW LIBRARY .50 PROTHONOTARY 1.00 SERVICE 11.78 POSTPONE SALE SURCHARGE 20.00 BAD CHECK FEE LEVY 40.00 $170.84 DEFENDANT PAID TO SHERIFF $3934.65 ADVANCE COSTS 150.00 TOTAL COLLECTED: $4084.65 DISTRIBUTION So answers: Pd. To itff $3763.81 ? Refund Refund of Adv. Costs 150.00 ? - ?'????? Pd. To Prothonotary 1.50 R. Thomas Kline, Sheriff B1 /111 ' Depuly Sheriff R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor ?o?rc? of ?u?n??,rr?hd OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 August 7, 2000 Mellon Bank 4101 Carlisle Pike Camp Hill, PA 17011 Dear Sir, Re: Providian National Bank VS Dallas 0. Hockenberry No. 1999-6425 Civil Term Writ of Execution RONNY R. ANDERSON Chief Deputy PATRICIA A. SHATTO Real Estate Deputy Pertaining to Attachments made on accounts in the name of Dallas 0. Hockenberry, in the above entitled action, please be advised as of this date, August 7, 2000 all attachments have been lifted by authority of the Cumberland County Sheriffs Office. Thank-you. cc: Valerie Roscnbluth Park, Atty for Pltff. answers: Dallas 0. . Hockcnb ockenberry,Deft. Mellon Bank,Garn. R. Thomas Kline, Sheriff B ?y Sheriff