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Home My WebLink About07-2986IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff VS. No : L) 't COMPLAINT IN CIVIL ACTION JOHN M LAHUTSKY Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05739194 C J Pit KMJ r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff VS. Civil Action No JOHN M LAHUTSKY Defendant COMPLAINT 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is CITIBANK (SOUTH DAKOTA) NA with place of business located at 701 East 50th Street North, Sioux Falls, South Dakota, 57117. 2. Defendant is adult individual(s) residing at the address listed below: JOHN M LAHUTSKY 2201 GLEIM CT ENOLA, PA 17025 3. Plaintiff is a national banking association, engaged in consumer lending through the issuance of credit cards. 4. Pursuant to Defendant's request, Plaintiff furnished to the Defendant a credit card account (hereinafter account) bearing account number 5424180332253290 . 5. Plaintiff kept accurate running records of all debits and credits to the Account. 6. Plaintiff mailed to Defendant monthly statements for the account including the billing statement attached hereto as Exhibit A. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 7. Defendant's actions as set forth above constituted an account stated between parties for the sum of $9610.80 , which sum reflects the Exhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , JOHN M LAHUTSKY , individually , in the amount of $9610.80 with continuing interest thereon at the rate of 6.000% per annum from date of judgment plus costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 eve th Avenue, Suite 2718 Pit bur h, PA 15219 (41 ) 4 4-7955 F 4 -338-7130 057391 4 C J Pit KMJ , ? ?S?3919?t r 01/04/07 $9610.80 $9610.80 SITE:KC-CL TM:CO-5000 ACID:ROBO554 01/03/07 19:45:09: PbZ.. ..i<=BIEi GtE2-.- CITI CARDS PO BOX 183057 JOHN M LAHUTSKY COLUMBUS, OH ATTNY ACCOUNT-CODE=UCBF 43218-3057 ENOLA PA 17025-1491000 Citi"' Dividend Platinum Select® Card C tle Account Number 5424 1803 3225 3290 Customer Service. • Limit Ad Available Cash Limit New Balance 1-800-756-4000 Total Credit Line vance Available Credit Line Cash $0 80 $9610 $8000 $0 $4000 . BOX 6500. SIOUX FALLS, SD statement/ Closing Date Amount Over credit Line Past Due 55 Purch/Adv Minimum Due 74 $363 Minimum Amount Due 80 $9610 57117 12/11/2006 $1610.80 $2060. . . Sala Date Post Date Referenco Number Activity Since Last Statement Amount Standard Purch 12/11 F 1 P84RCH 000*FINANCE CHARGE*PERIODIC RATE 00000000006.86 Standard Adv 12/11 ADVANCES*FINANCE CHARGE*PERIODIC RATE 00000000 0 88 84 0000 Help is available! Please call the toll-free number shown above to learn about our special payment options. Call Monday- Friday, 7 am to 9 pm, or Saturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. EX I N Previous (+) Purchases (-) Payments +) FINANCE (=) New Account Summary Balance & Advances & Credits CHARGE Balance PURCHASES 4 775.84 , 0.00 0 00 1 0.00 0 00 1 136.86 4 912.70 130.88 4:698.10 1 1 AADVANCES TOTAL TOT 567.22 4 19,343.06 . 0.00 . 0.00 9,610.80 267.74 Days This Billing Period: 32 Balance Subject to Periodic Nomina ANNUAL Rate Summary Finance Charge Rate APR PERCENTAGE RATE PURCHASES Standard Purch $4,841.81 0.08833%(D) 32.240% 32.240% ADVANCES Standard Adv ;4,630.31 0.08833%(D) 32.240% 32.240% P.03i05 APR-19-2007 14:24 WELTMRN WEINBERG & REIS Verification I, ?-kkC ktL Pzrz-rzl, am an employee of Citicorp Credit Services, Inc., (USA) which is by contract the service provider for plaintiff CITIBANK (SOUTH DAKOTA) N.A. retained to perform services including but not primarily limited to collecting delinquent debt. I am authorized to make this verification as attorney-in-fact for plaintiff under powers of attorney from plaintiff to Citicorp Credit Services, Inc., (USA) and to me. The foregoing averments of fact in the within pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to the authorities. Irn (L?as' P. JOHN M LAHUTSKY 5424180332253290 WWR#0539194 05'739/'?4 1 E f ca M: U A3 k? b d h.? J kh co CI-) C) L7 "3'1 -71 o cn SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02986 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIBANK (SOUTH DAKOTA) NA VS LAHUTSKY JOHN M 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 LAHUTSKY JOHN M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT 2201 GLEIM CT LAHUTSKY JOHN M ENOLA, PA 17025 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE NOT ABLE TO SERVED DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: Docketing 18.00 Service 72.00 Affidavit .00 Surcharge 10.00 .00 100.00 So X. Thomas Ki ine ,,h' ff of Cumberland County LTMAN WEINBERG REIS 06/19/2007 Sworn and Subscribed to before me this day of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff VS. JOHN M LAHUTSKY Defendant No. 07-2986 CIVIL TERM MOTION FOR ALTERNATE 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #5739194 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff No. 07-2986 CIVIL TERM VS. JOHN M LAHUTSKY Defendant PLAINTIFF'S MOTION FOR ALTERNATE SERVICE AND NOW, comes Plaintiff, by counsel, Weltman, Weinberg & Reis Co., L.P.A. and requests this Honorable Court to enter an Order allowing the Plaintiff to make service upon Defendant, JOHN M LAHUTSKY , by certified U.S. Mail and Certificate of Mailing, addressed to 2201 Gleim Ct, Enola,Pa 17025, averring in support thereof the following: 1. On or about MAY 18, 2007, Plaintiff filed a Complaint in Civil Action against Defendant to recover the unpaid balance due Plaintiff from Defendant in the amount of $9789.30. 2. When the Sheriff of CUMBERLAND County, Pennsylvania, attempted to make service of Plaintiff's Complaint on Defendant, the Sheriff was unable to do so, as evidenced by the Sheriffs return, a true and correct copy of which is attached hereto, marked Exhibit "I", and made a part hereof. 3. Upon receipt of the Sheriff's return of no service, Plaintiff conducted an investigation with the United States Postal Service to confirm the physical address of the Defendant. WWR #5739194 4. Pursuant to Plaintiffs request for information, the United States Postal Service confirmed Defendant's physical address of 2201 Gleim Ct, Enola,Pa 17025, a true and correct copy of Plaintiffs Postal Request is attached hereto, marked as Exhibit "2", and made a part hereof. 5. Plaintiff conducted an online white pages search and was able to confirm a current address for Defendant of 2201 Gleim Ct, Enola,Pa 17025. A true and correct copy of the search results is attached hereto, marked as Exhibit "Y', and made a part hereof. 6. Plaintiff contacted the CUMBERLAND County Tax Assessment office, a representative from which confirmed the Defendant's current physical address as 2201 Gleim Ct, Enola,Pa 17025. 7. Upon receipt of the Sheriffs return of no service, Plaintiff conducted an investigation with the LexisNexis Total Research System to confirm the physical address of the Defendant. 8. Pursuant to Plaintiff's request for information, LexisNexis Total Research System confirmed Defendant's physical address of 2201 GLEIM CT, ENOLA,PA 17025, a true and correct copy of the LexisNexis search results is attached hereto, marked as Exhibit "4", and made a part hereof. 9. No judge has previously ruled upon any other issue in this matter or any other related matter in Cumberland County. 10. Because the Defendant in the above matter is represented prase, concurrence cannot be obtained. WWR #5739194 11. Based upon the foregoing, Plaintiff believes and therefore avers that Defendant is attempting to avoid service of process in the above-captioned matter and Plaintiff therefore seeks an Order of Court, pursuant to Pennsylvania Rule of Civil Procedure 430, granting Plaintiff leave to serve its Complaint on Defendant by alternative means. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order pursuant to PA.R.C.P. 430(a), authorizing the Plaintiff to serve Defendant by Certified U.S. Mail and Certificate of Mailing sent to an address (2201 Gleim Ct, Enola,Pa 17025) at which Defendant is presently receiving mail according to information obtained from the Post Office, or by allowing service by a competent adult. GJ/c 1' William T. Molcz? Esquire PA I.D. #47437 vv WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #5739194 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02986 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIBANK (SOUTH DAKOTA) NA VS LAHUTSKY JOHN M LA=SKY JOHN M 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 r w T--^T-T TP TT%T Ll ?13919? but was unable to locate Him in his bailiwick COMPLAINT & NOTICE , He therefore returns the the within named DEFENDANT NOT FOUND , as to 2201 GLEIM CT ENOLA, PA 17025 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE NOT ABLE TO SERVED DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: So an Docketing 18.00 Service 72.00 Affidavit .00 R. omas Kline Surcharge 10.00 e f of Cumberland County .00 100.00 LTMAN WEINBERG REIS 06/19/2007 Sworn and Subscribed to before me this day of A.D. W ELTMAN, W EINBERG & REIS Co., L.P.A. ATTORNEYS AT LAW 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 412.434.7955 www.wettman.com WILLIAM T. MOLCZAN Attorney at Law 412.434.7955 Fax 412.434.7959 wmoiczan@weitman.com OF INNOVATION GROWTH + RESULTS June 25, 2007 Postmaster ENOLA, PA 17025 Request for Change of Address or Boxholder Information Needed for Service of Leeal Process Please furnish the new address or the name and street address (if a boxholder) for the following: Name: JOHN M LAHUTSKY Address: 2201 GLEIM CT ENOLA, PA 17025 BURLINGTON, NJ 609.914.0437 CHICAGO, IL 847.940.9812 CINCINNATI, OH 513.723.2200 CLEVELAND,OH 216.685.1000 COLUMBUS, OH 614.228.7272 DETROIT, MI 248.362.6100 PHILADELPHIA, PA 215.599.1500 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6xii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: William T. Molezan. Esquire. Attorney for Plaintiff, CITIBANK (SOUTH DAKOTA) NA 2. Statute or regulation that empowers me to serve process : N/A 3. The names of all known parties to the litigation: CITIBANK (SOUTH DAKOTA) NA vs. JOHN M LAHUTSKY 4. The Court in which the case has been or will be heard: Court of Common Pleas of CUMBERLAND 5. The docket or other identifying number if one has been issued: 07-2986 CIVIL TERM The capacity in which this individual is to be served: Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsbureh, PA 15219 FOR POST OFFICE USE ONLY BOXHOLDER'S POSTMARK Not known at address given. !_MoveA, left no forward address. No uch address. o change of address on file Good as Addressed /r4cr? _. - W W R#5739194 em NEW ADDRESS or NAME and STREET ADDRESS • . WhitePages.com - Online Directory Assistance 5?3 Pagel of 3 :search. find. Connect. ACCOUNT I SER People Business Email Reverse Reverse Area & ZIP Tools & Search Search Search Phone Address Codes Resources Reverse Address I Find Neighbors I Batch Address Searches I High Volume Lookups I Integrate Contact Data < NEW-SEARCH 24-Mofor unlimited local and long distance calls! Photos of Singles In Enola_PA 1 Result matching "2201 Gleim, Enola, PA" dee?M.??lu ?lt?YQp??? Lahutsky, John M Jr 2201 Gleim Ct Enola, PA 17025-1491 (717) 732-1023 Type: Land Line Provider: Verizon Due to number portability, some numbers have been transferred to a new service provider. jm-i Mare Rocordls. to John. Lahuts.ky. • Try._]ohn_Lahuts.kY, Age 60. View i_additional,_record for 2oh1j. Lahutsky Powered by 1.$DOUS.Search I SPONSORE 1? LINKS ?igw to_,i)e:tnr.yqur credit score. View Ema.ii.._Results.for John Lahutsky h4+..•//., ,, ,,,,,.1,;4nnnnapnnm/?(?f1(? /eParr?ilRrvPrcr?ArlI?PPCC7}11111CP1lllfll}1P1=77n t?.CTPP.P.t=V?. II19/7007 LexisNexis& SmartLinxTM Person Report Results Source: Public Records > Smartl- nx(TM) > SmartLinx(TM) - Person Summary Reports Terms: W(Edit Search) Permissible Uses: DPPA - 1. Litigation GLBA - 2. Legal Comppliance Click to visualize this report Subject SummaU I Others Using SSN I Address Summary (5) 1 Voter Registrations Licenses Personal Property I Real Property I Bankruptcies I Judgments & Liens Relatives (13) 1 Associated Entities I Neighbors (18)_ 1 Sources 28 Page 1 of 6 FOR INFORMATIONAL PURPOSES ONLY Copyright 2005 LexisNexis, a division of Reed Elsevier Inc. All Rights Reserved Full Name Address County Phone 2201 GLEIM CT LAHUTSKY, JOHN M JR ENOLA, PA 17025-1491 CUMBERLAND COUNTY: CUMBERLAND ADDITIONAL PERSONAL INFORMATION SSN DOB GENDER rR. 12/1970 (PENNSYLVANIA: 1985-1987) (Age: 36) Subject Summary Back-D T9P Name Variations.(2) I SSNs SurY?mary_-(Z) I DOBs (1) Name Variations View Name Variation Source 1: LAHUTSKY, JOHN M JR 2: LAHUTSKY, JOHN SSNs Summary View SSN Sources No. SSN State Iss. Date Iss. Warnings PENNSYLVANIA 1985-1987 2: PENNSYLVANIA 1961-1963 1 SSN was linked to more than 2 people. DOBs View DOB Sources 1: 12/1970 Address Summary Address Summary - 5 records found for subject: # Address 2201 GLEIM CT 1: ENOLA, PA 17025-1491 COUNTY: CUMBERLAND ON Back To Top View Address Sourcg$ Actions Get Reprt. View Details ,------- I-,_ «: .. ? ....-AA0MCA 4M -'--'Io,.c..A Al I,A1A1,7c„nv. -P-+,.+«-VTTTT P. ,.+ oi:ni)nn'7 CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion for Alternate Service was served on the 4 day ofTGA'?' . 2007, by first class, U.S. Mail, postage-prepaid, addressed as follows: JOHN M LAHUTSKY 2201 Gleim Ct Enola,Pa 17025 lam/ Attorney for Plainti WWR #5739194 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA NO. 07-2986 CIVIL TERM Plaintiff VS. JOHN M LAHUTSKY Defendant AFFIDAVIT PURSUANT TO PA R.C.P. 430 (a) BEFORE ME, a Notary Public, in and for the foregoing County and Commonwealth, personally appeared William T. Molczan, Esquire, of Weltman, Weinberg & Reis, Co., L.P.A., attorneys for Plaintiff, and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of Defendant named in the above-captioned matter. a. Plaintiff requested current address information from the United States Postal Service, which request for information confirmed the current address for Defendant as being 2201 Gleim Ct, Enola,Pa 17025. A true and correct copy of the Postal Service Return is marked Exhibit "2" attached hereto and made a part hereof b. Plaintiff conducted an online what pages search that confirmed the Defendant's address to be 2201 GLEIM CT, ENOLA,PA 17025. A true and correct copy is attached hereto and marked as Exhibit "3." C. Plaintiff requested current address information from the LexisNexis Total Research System, which request for information confirmed the current address for Defendant as being 2201 GLEIM CT, ENOLA,PA 17025. A true and correct copy of the LexisNexis search results is marked Exhibit 113" attached hereto and made a part hereof. WWR #5739194 d. Plaintiff conducted an online tax-assessment search for the address of the Defendant that confirmed the address as being 2201 Gleim Ct, Enola,Pa 17025. Finally, Affiant deposes and says that after the foregoing investigation, the exact whereabouts of the Defendant, JOHN M LAHUTSKY, is 2201 Gleim Ct, Enola,Pa 17025. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Molc quire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and subscribed before me th' day of August, 07 Notary 1AMG??c?l?1 , ._`i H OF ??al Ser' j My or ?i ; ors Ep Member. F m °? WWR #5739194 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff No. 07-2986 CIVIL TERM VS. JOHN M LAHUTSKY ORDER OF COURT AND NOW, to-wit, this day of , 2007, upon consideration of the foregoing Motion for Service of the Complaint Pursuant to Special Order of Court and attached supporting affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil Action may be made on Defendant, JOHN M LAHUTSKY, by permitting the Plaintiff to mail a copy of the Complaint to the Defendant the last known address being 2201 Gleim Ct, Enola,Pa 17025 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. BY THE COURT: J. DISTRIBUTION: William T. Molczan, Esquire, 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219; John M. Lahutsky, 2201 Gleim Ct, Enola, PA 17025. WWR #5739194 S t1'i r y ' J -. SEP 082001W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff VS. JOHN M LAHUTSKY No. 07-2986 CIVIL TERM ORDER OF COURT AND NOW, to-wit, this r day of ltn.?iv' 2007, upon consideration of the foregoing Motion for Service of the Complaint Pursuant to Special Order of Court and attached supporting affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil Action may be made on Defendant, JOHN M LAHUTSKY, by permitting the Plaintiff to mail a copy of the Complaint to the Defendant the last known address being 2201 Gleim Ct, Enola,Pa 17025 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. BY THE COURT: DISTRIBUTION: William T. Molczan, Esquire, 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219; John M. Lahutsky, 2201 Gleim Ct, Enola, PA 17025. 44,1 c.i• A d q_D -).D' n WWR #5739194 AWW ?sja?wa c-dZ? AW. do lft?w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff VS. JOHN M LAHUTSKY Defendants No. 07-2986-CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan PA I.D. 447437 WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05739194 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff VS. Civil Action No. 07-2986-CIVIL TERM JOHN M LAHUTSKY Defendants PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molcz PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #05739194 F a ? O w 6 ?' a 7 C ? r jTj (i) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. JOHN M LAHUTSKY Defendant No. 07-2986-CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05739194 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No. 07-2986-CIVIL TERM vs. JOHN M LAHUTSKY Defendant AFFIDAVIT OF SERVICE OF COMPLAINT Before me, the undersigned authority, personally appeared William T Molczan, Esquire, who, being duly sworn according to law, deposes and says that on February 21, 2007, he did cause to be sent to Defendant, JOHN M LAHUTSKY, Plaintiff's Complaint by Certificate of Mailing Postal Form 3817 and on February 21, 2007, he did cause to be sent to Defendant, JOHN M LAHUTSKY, Plaintiff's Complaint by Certified Mail, Return Receipt requested, directed to the Defendant at his last known address of 2201 GLEIM COURT, ENOLA, PA 17025. True and correct copy of Plaintiff's Certificate of Mailing PS Form 3817 is attached hereto, marked as Exhibit "1" and made a part hereof. Furthermore, true and correct copy of Plaintiff's Receipt for Certified Mail is attached hereto, marked as Exhibit "2" and made a part hereof. As the Order of Court states, service is deemed to be perfected as of February 21, 2007, the date of mailing. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William 4molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05739194 Sworn to and sub ibbej before me this ?-'y°? I day of %fbg 1, 2008. N ARY PU IC - - U.S. POSTAL SERVICE CERTIFICATE OF MAIUNO MAY BE USED FOSR DOMESTIC AND WTERNATIONAL MAIL DOES NOT PROVIDE FOR W-POSTMASIM Raalved Fmn 'Ndtman, Weinberg & Reis Co., L.P.A. 2749I? r?-EMI- ? 436 ? /avenue -r; PA 151 110 , Z (412) 434-7955 LZZ One plea of orftary mall addressed b: Cr PS Form 3817, January 2001 EXHIBIT .. ... . , -- - -2- F informatio Fo r delivery n o ur website at wwwusps.co rn N Postage $ w' S' f s C3 Certified Fee a , / r:I C3 Retum Receipt Fee (Endorsement Required) C ! K-? O Restricted DoWery Fee (Endorsement Required) \ ' f r Ir- _I- Total Postage & Fees \ y ... .,.. r3 Sent To n A _ ?5?.??.,'.lci ----- M Stree . a °- t or r . a - 0 141 M .._ -- cn; ware, zrP+a August 2006 3800 Porm --- - - --- - -------------- '? ? ? , - cci C'J I uy c,, Si; A u .y Vp a i ? .y 1 ;F'FI ? 1 S'.3blO iS?1I? EXHIBIT cs_? ?n3 G7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. JOHN M LAHUTSKY Defendant No. 07-2986 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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#05739194 Judgment Amount $ 9610.80 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 CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. Civil Action No. 07-2986 CIVIL TERM JOHN M LAHUTSKY Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JOHN M LAHUTSKY above named, in the default of an Answer, in the amount of $9610.80 computed as follows: Amount claimed in Complaint $9610.80 Interest from date of judgment at the legal interest rate of 6% per annum TOTAL $9610.80 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: WILLIAM T. M CZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 271.8 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#057391.94 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7d' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 2201 GLEIM COURT, ENOLA, PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff JOHN M LAHUTSKY Defendant(s) IMPORTANT NOTICE TO: JOHN M LAHUTSKY 2201 GLEIM CT ENOLA,PA 17025 Date of Notice: m ( aloS WWR# : 05739194 Case # (3---;21t?)(o C(UIL TERM 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 V vrI? u vo?nn,o' PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. JOHN M LAHUTSKY Defendant Case no: 07-2986 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, JOHN M LAHUTSKY is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, JOHN M LAHUTSKY is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIB Din my presence this day of r(1 Vl I . elf. COMMONWEALTH OF PENNSYLVANIA NOTA$ Notarial Seal Jennifer M. / Borowski, Notary Public City 01 Pittsburgh. Allegheny County My Member. Pennsylvania s oExpires Feb. 22.2012 ce Association of Notaries This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. y13 Request for Military Status Department of Defense Manpower Data Center 4D Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 APR-21-2008 08:33:22 'C Last Name First/Middle Begin Date Active Duty Status Service/Agency LAHUTSKY JOHN Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. 4 14 b Imt In. 1,4(01J4.- A41YV_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/21/2008 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: DMPBIDAGEI https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/21/2008 Rt 00 p 7 T' 00 ? ? r.. " GS ? ?2w . • . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. Civil Action No. 07-2986 CIVIL TERM JOHN M LAHUTSKY Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or ud ment was entered against you on / 74 - (xx) Assumpsit Judgment in the amount of $9610.80 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: __ &4 - PROT OTARY P Y) JOHN M LAHUTSKY 2201 GLEIM CT ENOLA,PA 17025 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. JOHN M LAHUTSKY Defendant AMERICHOICE FCU, Garnishee, No. 07-2986 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION f8AM ATTACMMff an* LEVY) 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5739194 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. Civil Action No. 07-2986 CIVIL TERM JOHN M LAHUTSKY Defendant AMERICHOICE FCU, Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 'r a1k 0*, PA 2. against JOHN M LAHUTSKY, Defendant0I Gleim &n0la. 175 Ja rS?? T 3. against AMERICHOICE FCU, Garnishee , '115 OerfL Vi lle. kd, &W 14 PA. 4. Judgment Amount $ 9610.80 Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): $ 134.29 $ 9947.59 WELTMAN, WEINBERG & REIS CO., L.P.A. By: 11 v William T. Molczan, Es re PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5739194 Pn d t, p 0 0 hh .wry 7 ' ??+t 7r /+? CO f r i t i i C . , --"'{ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2986 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIBANK (SOUTH DAKOTA) NA, Plaintiff (s) From JOHN M. LAHUTSKY, 2201 Gleim Ct, Enola, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell any and 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: AMERICHOICE FCU, 715 Wertzville Road, Enola, PA 17025 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $9,610.80 L.L. $.50 Interest -- $134.29 Atty's Comm % Due Prothy $2.00 Atty Paid $229.50 Other Costs Plaintiff Paid Date: 10/27/08 C s R. L ,r thono ry (Seal) By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412434-7955 Supreme Court ID No. 47437 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL 18.00 2.79 .50 2.00 30.00 40.00 40.00 9.00 Advance Costs: 300.00 Sheriff's Costs: 142.29 157.71 Refunded to Atty on 11/12/08 $ 142.29 ?rr?tflo 7 So Answers- 2 - op 'A VOO Thomas Kline, criff A. Sb .E d sz 100 8001 33I83HS 3H1 a0 331330 5 c 14 r Ck t,47?y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2986 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIBANK (SOUTH DAKOTA) NA, Plaintiff (s) From JOHN M. LAHUTSKY, 2201 Gleim Ct, Enola, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell any and 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: AMERICHOICE FCU, 715 Wertzville Road, Enola, PA 17025 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $9,610.80 L.L. $.50 Interest - $134.29 Atty's Comm % Due Prothy $2.00 Atty Paid $229.50 Other Costs Plaintiff Paid Date: 10/27/08 (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 112A11"C g?-2g , s R. Levg,Tro on' ary By: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff VS. JOHN M LAHUTSKY Defendant AMERICHOICE FEDERAL CREDIT UNION Garnishee No. 07-2986-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE & END AS TO THE GARNISHEE AMERICHOICE FEDERAL CREDIT UNION ONLY FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05739194 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff VS. JOHN M LAHUTSKY Defendant AMERICHOICE FEDERAL CREDIT UNION Garnishee Civil Action No. 07-2986-CIVIL TERM PRAECIPE TO SETTLE DISCONTINUE AND END AS TO THE GARNISHEE, AMERICHOICE FEDERAL CREDIT UNION, ONLY TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, AMERICHOICE FEDERAL CREDIT UNION, only, upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ?_ - James C. War odt PA 1.13 #4254 WELT INBERG & REIS CO., L.P.A. 1400 Kop ers uilding 436 Sev th venue Pittsbur h, A 15219 (412) 4 955 WWR#05739194 Sworn to and subscribed Before me the 5 Day of December 2008. COM%, j0NWt-AL.1:1H 0 PENNSYLVANIA frla€ar al Seal NOTARHeidi J. Kelly, Notary Public C. of Pittsburgh, A legheny County My Commission Expires Nov. 4, 2009 Member, Pennsylvania Association of Notaries 14 8 a+r _ t.C3 -- IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JOHN M. LAHUTSKY CASE NO: 1-08-bk-04158 MDF MELISSA A. LAHUTSKY DEBTOR(S) JOHN M. LAHUTSKY CHAPTER 13 MELISSA A. LAHUTSKY MOVANTS(S) CITIBANK SD NA 701 EAST 50TH STREEET NORTH SIOUX FALLS, SD 57117 DEFENDANTS(S) ORDER The Debtor's motion to avoid a judicial lien hereby approved. The judicial lien filed in the Court of Common Pleas of Cumberland County, Pennsylvania at CITIBANK SD NA, docket number 07-02986, is hereby avoided. By the Court, 71?? I M414 B Judge (DB) This document is electronically signed and filed on the same date. L? Date: January 23, 2009 CC-FMF1ED FROM THE RECORD thiS12 &1, ?0, Vhu .G-r 4 , 20 C ar?., U.S. Ban:uual- y Cowl A eputy Cz!k Case 1:08-bk-04158-MDF Doc 30 Filed 01/23/09 Entered 01/23/09 11:17:16 Desc Main Document Page 1 of 1 r 209 AUK 3 t ? ? ? aa?v?Y WTI-