HomeMy WebLinkAbout07-6968COMPLAINT IN CIVIL-ACTION
1. Plaintiff is a debt buyer and successor in interest to
the original creditor as set forth in the caption of this
Complaint.
2. At all times relevant hereto, the defendant (s) was the
holder of a credit card, which at the request of the defendant(s)
was issued to the defendant(s) by the plaintiff under the terms of
which the plaintiff agreed to extend to defendant (s) the use of
plaintiff's credit facilities.
3. Defendant (s) accepted and used the aforesaid credit card
so issued and by so doing agreed to perform the terms and
conditions prescribed by the plaintiff for the use of said credit
card.
4. The defendant (s) received and accepted goods and merchand-
ise and/or accepted services or cash advances through the use of
the credit card issued by the Plaintiff. A true and correct copy
of the Statement of Account is attached hereto as Exhibit "A".
5. All the credits to which the defendant (s) is entitled have
been applied and there remains a balance due in the amount of
$1,925.34.
6. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $1,925.34 but the defendant(s)has
failed and refused and still refuses to pay the same or any part
thereof.
7. Defendant's last payment on account was made on
11/24/2007.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$1,925.34 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I. INB RG, ESQUIRE
JOEL M. FLINK, SQUIRE
Attorney for Plaintiff
P01A.DB
VERIFICATION
FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the
attorney for the Plaintiff(s) in this action and verifies that the
statements made in the foregoing pleading are true and correct to
the best of his knowledge, information and belief.
The undersigned understands that the statements herein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating
to unsworn falsification to authorities.
FREDERIC I. W INB RG, ESQUIRE
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? 1 `' NOTICE OF =2GE IN TEFt NS
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antenkV and reslatug your extStN Cadivattbar Agrt+
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v+ilh yoW important (ecaris kx kAwa rt ltt1
keep them
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a Payrawt Senkes Foe. $3.00
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• '? 11. The section mgartirg Periczk Fnance Ch.3gas n -, L hly •: +1ehdl mle
_ fxtn+isirxt,P)adal;aAratuvA ;lr):iNhil-,x+flit: f4at. wt. .aump+td
lip 10 19.M%.
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, -? wa apply to yow accotnt.
Non-Acceplance Instructions:
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" - ' ' ;s '• S tl you do not w;sh to accept 00se changes, you must rlta+ly tr. mling by
:: ; : - ; ?. ',tT • tr.: 1 January 2, 2001. ftm it Ulaym raw, address, an.l 3n:• 't ntimtw wd
r mad to. TexacdShelt Gedd Card Center, P.O. Sox 9152, Ns ; nes, Im a 50368
' • ; ; 9152. M you r6ty us by that tuna gmt you do not accelr llvi n.Ws, your
''t• ,: , ; . :' ` ' - % account wll be closed and you may pay oN the 1hilimp.,t Vut. wcount under the
, existing leans. II you use your account on or attar the e8•: ctix One. VOL) agree to
, r e Ihese di njes. e4en it yw sent us a notice ieje-'Lng
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CLHbank USA, N.A.
CARDMBMBER AGREEMENT
% AgreemW Is your Ohba* LISA, NA C&dmemblr Agreement. Please read
and keep this Acyeerrlent for your records.
To sbnpky this Agreemarut for you, the fo bmV dekNk ms will appy. The words
you, you; and )cm mean the Omporadon, partnership, sde pq*lomhp or
other busimesa entity end each hkvidual respor>sft for cornpy ng wo on
business Agmerrienl. in corpotafior? wtlopartnership, sole pWWwJV or other
y appled to open the account and to
wtwn we address WV statements. The word card means tine or rim cards or
outs access oievices, such as account rarnbers, that we hive issued to permit
You to obtain cxedt under this Agreement. The words we, us, and our mead
Citibank USA, NA., the issuer of your aceouud. the words aufvr ed user means
arty pemrn to whom you gNe Pin to use your axed.
UsbW Your Account and Your Credit Lkw
Yut iro kdty ruual>t, rA)h for cxrmpyitg mh al the tams a Ilt: /ypmnurlt,
rorlixirr.4 t u dAWfion to pay us fix d balarm- due on yotr wxut as specified
in this Agreement. You card must only be used for bwU tralvocWts. Tthis
account and Card may be used for hdiess purposes only:vrl may not be used
ky pe-sonal, Imply, or bust old purposes.
Your wd be adli,trt of the cnxR buret applicable to your aCem". Your filial credit
bIW wd appear on the card carrier. Al our dsruetim and al i try urine, we may
doge your credit unit. We will no* you of arty new k lit amoxt ether by
salting You a m0ce or through Your b" slatrrnert. Achange may We erted
before you mceh e r oftatit)n kin us. You may request R change to your credit
"I by conlactng Ctstonmr Service by telaphone or mail.
Your rxecit line is avas )[a to bur goods or services wheteaer the card is honored.
The & TO" dharrWd on your account, ndudng p xctases, franca dhargrs, fees,
its ether charges, trust always mytan below your mYjI irht. Hov a w,, ri you
exceed Your awl knit you m d sell pay us. We may approve transactions that
cause The balance to exceed your credit knit without w6*9 any of our rights
tattler U'is Agreement.
AddNforrat Cards;
You may request ac0bial cards on your account for yourself or others and you
may permit an authorized user to have access to the mW or account number.
i lavev. U you do. you must pay us lor at Charges r node by those pm:gs
r Ickdng charges for 40 you may not have Wended to Ix) raWiis fe in order
to mncd Perrrti iui of an authorized user to use your account, you rreursb notify to
A wri ft and you roust leturn to us, with your Wien noise, any mod in the
Possassbn of the authorked user. You writ continue to be Fable for all pert Aries
mado by athorzed users, even 1 they leave yourernpioymeni, aril an otter
n:aitcxl urcoued his and Charges, until we receive your kmef and the carol. u ytxr
kilns the W **w. for any reason. or U the business dram ong&Q ommors, is
subject to a charge in control or structure or Uarhsfoars or agrees to Irarusfer a
substantial part of kss assets, you must nc* us in wnbrug so that we may close
you account. You are ffisponsIble for the use of each card mad an year account
accordrtg to the lams of Luis Aperne nt.
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Biting.
lUtr bi61g sG7lislieni shows Ilse tri mre• ary hkuue dLliitps. Itx ;. ilk norrnh?ri:
pari'aed d wean due dale. It also sfhows yar ctrail cithst tai>it: an
>arges, debits. payrnenls and Decfits; a :wmmary of (he
Pcxdham ?N inckdg ft br0m charges; a rate summary; and other
important information. If wa deers your accatxu uncoitec de or 0 we institute
d*Owq colectien Pigs by sending i to an outside coked on ayG'.?y
or aftaney for cot-cik;n, we may, in our sele choetim ?Iop mwffV you b&19
slalernurlts• 1-10vvc ?x, Ran charges and fm will comilue to accrue whem&
or not we send you b& q slate nests.
You must no* us of a dwW iu Your addrm by contacling Customer Servim by
Ie,ephpnB or mad We will mail or deriver the biting statement to cry ono ixtares
How"Determfne the New Balance;
The tonsil aulstanda ig halance (ate arnotnt you awe us) appa3rs as the 'New
Baance' on the baa;g statement. To downine the New P.W&=. we begin with
the allslendrhg bmlutce on your ac lnl at the bnrirui ecp' of e<xh Izkuhg perird,
c2h%l the'Provuxe: N-4-chow on Ilia Itbxj slatalxs>f. Y I.Kkl y4, IxffdKrxz;vWI
ollra (ldrits yxi :zaxrxt any cxec6ts arxf t>,'> i"Its 1311bkxf ie; to 11411 trdFrrl
Peru(. Will Owl adtl die appropnale k lance doges hall Ie,s t1rxl nh tike uurer
aprAcable 4511nents.
Perfodlc Rnance Charges:
You will pay a d* Periodic rate on the d* b4 nce. The tonal rm*ca: ti ace
clkvye for md) billing peeiod is Use sun of the ct>ly pwaxi•; rru clkugCs fur a ij,
da in the MB Period. Pgf * finance dmjm on perdtases ova bow to xmk,
from the date uho punilaw a added to the daay bakr x o, ,v desydxai Ixgow, alai,
conkrxre to accrue untj pr#rart in U is cradled 10 your ac mint. The daily
Periods rate used in ftmniftng the Periodic kwu diarge vin be avariable rate,
wfkh may Charge from month 10 month The daty periodic rate during each b*V
MW will be 1PI..tiS'• of the sun of m Indeu pyre a Marge, The hde,t Q be the
tidiest Frills (rive Ix t:WW in the 'Money Fates' section of % Waf Srra,:f
Jocsnaf wilthi? Ube 90 Calerxlar I* Ollnedaldy pre ng, but not ihc9xirxl, the
first day of each WV Period. The Morel rl wl be 14.9990. The d* periods rate on
Yow account, based on lie bxiex of 4.00% as of OeIc* 1, =, wd be a d,*
periodic rate of 0.0520290118.9996 ANNUAL PERCENTAGE RATE). An increase
in die Prime Rate wd i>crt>arse the bee d* pwkxk rate, wtnich may increase
the mtrtn>tm PWnert due on your 800019 You Pay, the U ammol of the New
Bablm each month by the due dale, no puiodc frtance ch rgas wd be assessed.
You eccanl w8 haw a dbW Margin d you defy lff undef arq C&dnn
ATmml Utal You have with us because you fdf 10 rn:rke a p, iienl in, us or tvhy
outer creditor wfien clue, you exceed your aetri Frail, Of Your make a pavrikiul to u,
that is not honored by your batik In such diCUrslarim, we may ham Ute
Malign to a W& A fAamj n of up to 19.9990. Tile daffy periodic rate. based upon a
defarel Marlin of 19 ?, and an kKW of 4.0095 as of October 1, 200Ci, wg be a
d* Periottic mke nit [1.()(',,5725 (23.99% ANNUAL PERCENTAGE RATE). f.K:lir ,
COrtsdered ndmatimrny I%ddWult mWgrt Ivy ixyuia dire kikjth of tune Ytxr
account with us has tem open; tha existtxhce. swiousnass, and"d defatrls
under any Cardrnerriber Agreement ft you roue with bus; and diner indications of
accost usiele and Pabrmnce The defatdt Marge wig take effect as of the fast
day d the bdk g period in whidn you default. Yon accouf maY & become
e5gbki for a louver Marge on r" puxcrases attar You haoe mist the ienns of as
Candmernber Agreements That You have with us for six conseauM To ohs. your
eoristM balances %A snail subject 10 the default Margin trod they are pad in U.
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Late Fee:
It we do not recoW the m inim rn amount by ft payment due date. you will
ley a kite lee equal to the grmler of $5.00w 2% of Or New Balance lor
each wing period whietl tellecis the n>hinltml anvxrri that Is not paid my the
payment riutl; date.
Retumed Payinant Fee:
We will and a $29 tee to the as oust balara when a payment deck a sn - Lv
instnrrxrtt Is not honorat, when we mist rehlm it lxxaw I carml bu
INtxu.xxi, or Wxxi all atlatutic deli is mhimed Isitxil f. At ar dllAvi, ?ti.
will art= Ors lee the first timo yar du:k or paaytlx]d is not hurlorul, ow, l
It is honored upon res bmissar.
Payment Services Fee:
We wa add a fee of $8 (a ft ma,;-w n amloutt permitted by appl m Uv
law, whfchem Is less( to Itte account balance for paynent services we way
offer wtxh allow you, at you option, to make payments other than by
mailing them to the payment address shown on your bung statemer!l. Mt the
event ; ou request optional payment seivim, we will advise you of the it •:
associated with your rerpiest, and your use of the opliatal payment s wi. -es
merealier constitutes your agreement to pay aid associated In.
I
Photocopy Fee:
We will acid p $5 fee per copy (a the inadm u ml ama u l permitted by af1iIx do
Filw, vvltttlltlutr iS 101118 aX:Clxrl lztk?YlCO ter eueJl t opy you requesi W t err
bkg stuirrninls, checks. Saks sips axikx momm:Nxta of bansacGous, oils
than copies requested lor purposes of hveStigEtkxj a ling erod in the e:vea it
you request copies, ee will advise you of ft fee associated wok your Wes,
arxi ytxr i& of the copy setwma lherwifte: constltlce; your ecjreenxrll In la .y
ilw asltx;lleol W.
Lost or Stolen Cards, or Account Numbers:
11 any turd. or acwtml n rrlber Is lost a stolen or if you ft* sortrwe used or
may thus Them %*AhoLd your pMTiS R noddy is at or s* by c*Q
I NX):itT.51.9nex lariteYlNrSrx flal11x1It*4AIt4br14Ntiarsimwr!uIy.¦¦
IAklLj ululrsllulL Wu awry mxou you it) IxuvkAl who I It iumnrulitm III yadirhy I. P
help a rind out what ftappened, and to comply with such procedures as we
may require In connection with our irnestijwm You may be Haste for
unauthorized use of the amount. but not for more titan $5D, You wan'I be liable
for uwAhomed p made aller we've been no0ed of the lass or the
theft: however you must idualdy for us The charges on the b&q staternert mat
here not trade by you, or sonlecine atatlotized by you. and from which you
received no benefit. You agree in accordance vtdh Section 135 of d,e federal
Truth in latx>irtg Pct, that l al any time we have sued cards to ten (IQ or more
ouftwed tsars at trot mquW, you waive any and all limitations an your (wily
for u rw*x ted use of such c;e<ds that you trej have tinder qte TnAh in
LerKfnj Put.
Default:
You de If under MAgream ent a you fal to pay the matirrrm payment listed
on each bAM sleternent when due: tai to make a paymertt to ary, other cxoxiitor
wfen due; fie for barliuuplcy, exceed your credit term; pay by a check or similar
min rt kit dial is not honored or that we must reknn I wise it carxxat be
Iwiiuz t pay by atiltinatc tldA Out is redtrmerl IrIfge,, cx Itoloull tixb ,try
,:After (:md menber Agreement that you !have with us. 11 you delaull, we Wray
close yar account and deriartd irrrne Me papteil cJ the kA ».
Preauthorfzed Charges:
n you default, l the raid is W or stolen, ix we charV your acc:xnl or
account rural for any reason, we m stispend automatic chinjes on that
account to Ilwd party venfts for hu.u ice pienams or ullm g +xb or ,
services' U Ixeuu x*ed d urges are q)=lect, you m isl wtscl die third
party verld!x to reinstate Item. You are u-spatsit3t: lox nxAxj tbvct pitytntsl
for such charges until you reinstate aulurttatic cinarges.
Collactlon costa:
It Wu ruler t:ddxixrI Uf yrttl ixzxxx2 I!1.1l twyur whxl ki itA I10 &ituwsl
attpfuyte, ytxt wa tut folio u x .sty !e:e.+u l to alhxl uuy y 1t= t+,: miav, I+4e:
due costs arxt exposes out arty 6.w a 1u), to Utz twe!1 p,xnldl al by IT.Y.
ARStTRAnorL,
PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT
PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING
ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT.
INCUJDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN
A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A
DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR
JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED
THAN COURT PROCEDURES.
Agreement to Arbibate:
Father you or we may, without lie othe's consent, elect m irkilory, 1:in6x3
arbitration for any c fa ln, dispute, or uxuraiersy belt' en you and us
(c aw -Clai 1.
Claims Covered:
• What Claims we subject to arbitration? AN Cbans reMINij to ytxN
account, a prior realerd account, or oov relationship ate stloct to
arbitration, trldudaxj (ems rupt irxl Ilia agftlkm. milurm-IAhi. dx
ilalxeG'l'arl of d>b N,ptxitiont mil 11 vs url,tfaINxh lucive4xi All t bu1n;;.r-
6lrtrjl%:1 III UUtraliurl, rxI MA10 vrllit taj d lWy BN,y wU Ir:IWII %,.1x
v tat remedy (damages, or irtlunctire ur dedaratary raW OW se d'. This
includes Clai ns basal an contract, Irtt (mduturhg intentional ton), fraud,
agency, your or err neAlarmoe, statd Gory or regulatory provisions, or any
other sources of tawr, Ctairw made as rxxrne?da ft cross•ctaims, lhird-
party claims, interpidaden or cOwNim tuhd Claims matte odependanty co
with other d airms. A parry who initiates a proceedN in hurt may elect
arbitration with respect to any Clam Wvamed in that proceexting by any
other partly. Claims and rernedes sought as part of a class action, private
attorney general or other n presentaRe action are subject to :rbilrafdn on
an indiivdial (miclass, non-representative( basis, and Ute arhilratrx may
award relief only on an havidual (avdass, no-representative) bas's.
• Whose Claims are subject to arbitration7 Not My ens and yaws. W
also Claims mate by or against anyone connected YAM us or you or
damming hough us or you, such as i co-mart or authorized user of Wtv
aixotnt, an w *M. agent. mpresertalive. afL6aaed company.
pedecessor or amesscr, hdr, asswjrx e, or trustee in b armiptcl.
• What ilme frame applies to Claims subject to arbilration? Lkims txi i u I
in the past, present, or future, inciutuxj Clams- wsuxj before One opahivj t>t
your acccu t, are subject to arbitration.
• Wffio pays? Wntterrer fly the erbA WM pays the inlet BM lee. I we Be. VIA
U WU k you pay. I'm You get a bewaW Under ale apptictttw RAs of
the arbirotim fmt. I you have pall ale Wia ff'lg be and you prtswg, tiles vvi
thirst use ym ix eat lea. a there is a Heating, we will pity any Mira of ti to
.UlkWor rivi atidralion km for the kW day d gW ltocrhj. N uutr ft?:t M Imi
mated as provided by the tides of IHe obtallm lynt and appbCat>le W.
Mowev% we rA advance or reimburse your fees I Una whilratim fail or arbbator
da[Wr inns ho is good reason for reglmulg us to do so, or d you ask its arts we
delermhe Utere is good nasal for doing sa Each party wt tear the exWw of
Ural partyls attaneys, eipais, and wlnlemes, and otlier expense;t. ax,KC(lims of
wf rd1 party p wds, Lid a party may recover any or at exper>ses bo n mA or
party I the arbdrator, applying appficatUe err, so deternfrlet
• Who can be a patty! Wits to be brought in ale r>zrtte of an itrlrvi d
person or tslhl eW mist proceed on an inrfvicAd Owrclass, rat-
repmsantativobass. The arbilmlor will riot award reties far or against anyone
who is not a pa4 ayou or we reclik 01fration of a Cram, neither you, we,
nor any otter parson may pusue ttta Claim it arblraaon as a sass action,
private attomey genera) action or other rqx sentalm ack n, nor may such
Claim be pusued on yar oar buret in any Itiption In any mat. Claims,
ncidutg assigned Chinks, of tvvo or more pw mna may not be OW or
consolidated 'n ate same anbiralbn. h omm,, applicants, m-applicants,
authorized users on a single account ardor mated accants, or corporate
aff, oes are here considered as one person.
• When Is an arbitr Om award liras? The arbitrators award a trial and bird
on ate parties utless a party appeals k in writing to the arbitration firm MKm
ifte?n days of notice of to amard The appeal met request a newarbitiation
befaa a parxll of three rautral LOW= designated by the same arbitration
lain Do paid will consider al lackof and legal issues anew, folow the same
Rtes tlmt apply to a proceetang using a single arbWw,, and maim decisions
based on ft vote of ale rrlaj *,, Costs vrd be allocated In ale same way they
are afocalad for arberation before a sinda art war An award by apanel is final
trod tinting an the partim after likeen days has pamd. A friar anti bkxfny
award fs mApd to P*W review artd erlaarrtent as pmvidad by Ute FAA or
other applicable b
5urvhral and SoverabOy of Terms:
• this Waltration provision steal strive: W Wmiriatim or dwges in Ute
Agraemmt, the amount, or ft rdattonsngt Wtweat you and us axncerrwg
the account, @ ate b3rdo4plcy dart' party; and (4 any ka-d r, we or
asO rtrtnerd of your aanol. orary amounts owed on your aci urrd, to any
odw person or ertatyu I any portion of M erbf tbn provisos is deemed
MM orWallaceabla, UletamdrkV portions shall rteverevkm rt>rllart in
forte. Any di ferent ageennnent asP*V arbeWot must be aped to in w& q
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Credit Repordng
We may report your pedormarlce under Ihis AWwnartt to credit sparing
agencies. inclsx V your falue to Maim nlanimra payments on time. 0 you request
ads fdional cards at your acAutnl for others, you tttdersland that we may report
acaaxrd hlmTelim to you name as wet as h Use two of those otlner people.
VVe may also obtain fofow•up credit reports on you py example. wheel we review
her account for a credit iml komse).
Telephone Afoaitaring and Recording:
From time to On we may manta and iec:ortt }'our li'?t1tlbttn ails nvFrn bkl
your ar Wd Al is 10 amim Ow (Rkuy fit utx :"Yia
Closing iturAcomunt:
Yw 11W duns your atxxtud at lily Mutt by 1"tirx? is Nt %W*k). KWO :ti,,•u
ar;
teatairt respon&a to pay Iha total b&U Wmrcli lg to the terms of
ASree mL Wia (ml dose your account or srir{xaxt yob r wemsit :
ary lime la any reason w;kW prhx notice. Wu im/ t>ho reaao v tilt stall
ca'd, or xMnt nurrdter at any Sim. Stu inter Own IN Gill to iks tq w
rt gtiest.
Refusal of the Card
We are nut responsbte it a trarssx,tun on your accouutt is not Wov(Al. Wi a
by us or by a acrd party, evert if you have surkent aril availaabv We may tent
the mynber of henna lbm teat may be approved intone dal. a we defect
mad or susp6x s ac" on you accent. we my lempeaarity Wax[ you
credit pr?Alges bull we can va* the xtivily
Changing thus Agreement
We can dwW Ihis Agrearent, iruhrdrlg al Was and Ute m d percm-daN
rate, at any lure. We can also add or mete provisiau relating to your accotril
and to ft nature, relent, and er>foraemalt of the rights and cNootls ym or
we may have relating to this Agreernant. Tbme dia ges are ttvtdrg on yau.
Flmmw,, a the dlenge war cause a fee. rate or nYrsmurt paymasl to increase.
we VA mail you mitlen notice at tease 15 days telore the begnn:rq or the bOng
period in W idl Vta dtange becomes effective. It ytxr do not agrea Ut ate
dtautge, you rrtat nobly us h wntig Am 25 t krys alt r the clla:tiro ible url N x:
dtarge artd pay IS uta total balance, usher at mm cy ln(ler ale trrnts of IN!
u riftw txi / yeahtort. lhllum wo mliy pi tolismv. i a., U (h tat l mo tire:
elfectivo date of Use duV steal tot dmned (anplance of ilia mm lams, , mii
ii Ule 25 days have not expired.
,Enfordrtg this Agreement:
We Call ttby ht etftatMg or W to W=e mi uI our iVU eatkx Ub;i
Ag;eerrlenttv:lhout bs'trtg than
Assignment:
We testeve ft right to assign any or at of ar rkpis and cbigatims Lrkler tt%S
Ageernmit to a third parry.
Appflcable Law.
N Wm and mb matent o (ft Agreerrwl steal be gtn+emed by lader.1 last
and rho law of Sourtrt Dakota, where vie are Dated.
For Furdmr Information;
Cal us at she le4hone mxnber shown cn your a>rr4i statemit. You .-w also
cat tdl•heeat 1.800.299-5766.
d"?
KwcW E. Stork
President a CEO
(:dimih WA. NA OAXI'c t'.Idr.v:h 16A. MA
What To Do If There's An Error In Your Bill.
Notify Us In Cass of Errors or Questions About Your 9111.
If you think your bkg slalemanl is wrong. Of d you Wed rraro arfo n> rt,?.n
W=t a transaction on you hft stalement. write to us Ion a separator:
sheg at the address specified on the back of your bikg statement. Wme to
us as soon as possible. We must hear Irom you no later than 60 days iit,er
we sent you the first bAM statement on which the error or problem
appeared.
In your teller. give us the louowing inlo niuk-ar
• Your narne and account number.
• The dollar amount of the suspected error.
• Describe the error and explain. if you can, wtr1 you believe there is
an error. 11 you need more information, describe the item you are not
sure about.
• Please sign your letter.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06968 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAVALRY PORTFOLIO SERVICES LLC
VS
WILLARD MICHAEL A
DAWN KELL
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
WILLARD MICHAEL A the
DEFENDANT , at 1948:00 HOURS, on the 26th day of November , 2007
at 308 4TH STREET
SUMMERDALE, PA 17093
MICHAEL A WILLARD
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff or Deputy Sheriff of
by handing to
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
A
?7 i, `\
'I
18.00
15.36
.00
10.00
.00
So Answers:
/t
R. Thomas Kline
Sworn and Subscibed to
before me this day
43.36
11/27/2007
GORDON & WEINBERG
By: Deputy Sheriff
of A.D.
2037709
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 81894
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
Cavalry Portfolio Services,LLC
as assignee of Cavalry SPV I,
LLC as assignee of CitiBank
USA,N.A. as assignee of Texaco
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
MICHAEL A. WILLARD
DOCKET NO. : 07-6968
PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT
OF DAMAGES, VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE
TO THE PROTHONOTARY:
Enter judgment for want of an answer for plaintiff and
against defendant(s) above named only and assess damages
certified to be calculable as a sum certain from the complaint,
as follows:
Principal $1,882.03
Interest from 11/24/03
@5% $388.01
Costs (Complaint & Service) $121.86
Total: $2,391.90
Understanding the false statements made herein are subject to
penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to
Authorities, I verify that:
1. The last known addresses of the parties are: Cavalry
Portfolio Services,LLCas assignee of Cavalry SPV I, LLC as assignee of
V -.q.
CitiBank USA,N.A. as assignee of Texaco and that the last known
address of defendant, MICHAEL A. WILLARD, 308 4Th Street, Summerdale
PA 17093.
2. The annexed notice(s) of intention to file this
praecipe was (were) mailed to all parties, defendant and to their
record attorneys, if any, after default occurred, and at least
ten days prior to the date of filing of this praecipe.
3. The said defendant(s) is (are) not in the military
service of the United States or otherwise within the coverage of
the Soldiers and Sailors Civil Relief Act and is (are) over 18
years of age.
AND NOW, this 119'tk day of \-k f1iMLE\t , 2008 Judgment
is entered in favor of the plaintiff(s) and against defendant(s) by
default for want of an answer and damages assessed at the sum of ,
$2,391.90 as per the above cer ification
Prot notary
GORDON & WEINBE P.C.
BY:
FREDERIC Ik r, NBERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
• Ift,
v
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
Cavalry Portfolio Services,LLC as
assignee of Cavalry SPV I, LLC as
assignee of CitiBank USA,N.A. as
assignee of Texaco
VS.
MICHAEL A. WILLARD
2037709
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 07-6968
NOTICE OF INTENTION TO TAKE DEFAULT
TO/PARA
MICHAEL A. WILLARD
308 4Th Street
Summerdale PA 17093
DATE OF NOTICE/FECHA DEL AVISO: December 19, 2007
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY AN 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 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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
GORDON & WEINBERG, P.C.
BY: 1"??
FRED I. WEINBERG, ESQUIRE
JO M
P10D-2 . FLINK, ESQUIRE
r ,
Vic
U?
t
c7
2037709
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
Cavalry Portfolio Services,LLC
as assignee of Cavalry SPV I,
LLC as assignee of CitiBank
USA,N.A. as assignee of Texaco
VS.
MICHAEL A. WILLARD
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 07-6968
NOTICE
Pursuant to Pa.R.Civ.P.
you are hereby notified
you in the above procee(
LL
L1
LL
236 of the Supreme Court of Pennsylvania,
that a judgment has been entered against
ling as indicated below.
Judgment by Default $2,391.90
Money Judgment $
Judgment on Award of Arbitrators$
Judgment on Verdict$
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL
ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS
TELEPHONE NUMBER: 484/351-0500
PR THONOTARY
06/0$
2037709
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
Cavalry Portfolio Services,LLC
as assignee of Cavalry SPV I,
LLC as assignee of CitiBank
USA,N.A. as assignee of Texaco
7 Skyline Drive
Hawthorne, NY 10532
vs.
MICHAEL A. WILLARD
308 4TH STREET
SUMMERDALE PA 17093
and
Fulton Bank
1423 S. Market Street
Mechanicsburg, PA 17055
GARNISHEE
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 07-6968
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue writ of execution in the above matter,
directed to the Sheriff of Cumberland County;
(1) against
MICHAEL A. WILLARD
defendant(s)and
(2) against
Fulton Bank
garnishee(s)
(3) AMOUNT DUE $2,391.90
INTEREST
from January 15, 2008 $204.03
COSTS
Prothonotary fee
Sheriff fee
TOTAL
FREDERIC I W NBERG, ESQUIRE
JOEL M. FLI K, ESQUIRE
Attorney for Plaintiff
t,
?jj,i tV• ? ,?. i.
,*9,4.-150 Po rcr H
3 to ?gF
#4.S.
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Ubr
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-6968 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CAVALRY PORTFOLIO SERVICES, LLC, as assignee
of CAVALRY SPV I, LLC as assignee of CITIBANK USA, N.A. as assignee of TEXACO,
Plaintiff (s)
From MICHAEL A. WILLARD, 308 4`h Street, Summersdale, PA 17093
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
FULTON BANK, 1423 S. Market Street, Mechanicsburg, PA 17055
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 $2,391.90
Interest from 1/15/08 - $204.03
Atty's Comm %
Atty Paid $162.86
Plaintiff Paid
Date: 6/25/09
(Seal)
REQUESTING PARTY:
Name F
Address:
L.L. $.50
Due Prothy $2.00
Other Costs
REDERIC I. WEINBERG, ESQUIRE
GORDON &WEINBERG, P.C.
1001 E. HECTOR STREET, SUITE 220
CONSHOHOCKEN, PA 19428
Attorney for: PLAINTIFF
Telephone: 484-351-0500
Supreme Court ID No. 41360
Long, Prothonotary
R. ?• z4A 1 (?
B y:
N
Deputy
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
Cavalry Portfolio Services,LLC as
assignee of Cavalry SPV I, LLC as
assignee of CitiBank USA,N.A. as
assignee of Texaco 7 Skyline
Drive
Hawthorne, NY 10532
VS.
MICHAEL A. WILLARD
308 4TH STREET
SUMMERDALE PA 17093
and
Fulton Bank
1423 S. Market Street
Mechanicsburg, PA 17055
GARNISHEE
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 07-6968
#W16- -
INTERROGATORIES IN ATTACHMENT
TO: Fulton Bank - GARNISHEE
You are required to file answers to the following Interrogatories
within twenty (20) days after service upon you. Failure to do so my
result in judgment against you.
1. At the time you were served or at any subsequent time
did you owe the defendant(s) any money or were you
liable to the defendant on any negotiable or other
written instrument, or did the defendant claim that
you owed the defendant any money or were liable to the
defendant for any reason? 040
2. At the time you were served or at any subsequent time
was there in your possession, custody or control or in
the joint possession, custody or control of yourself
and one or more other persons any property of any
nature owned solely or in part by the defendant.
3. At the time you were served or at any subsequent time
did you hold legal title to any property of any nature
owned solely or in part by the defendant or in which
defendant held or claimed any interest. 0
4. At the time you were served or at any subsequent time
did you hold as fiduciary any property in which the
defendant(s) had an interest? `'
5. At any time before or after you were served did the
defendant(s) transfer or deliver any property to you
or to any person or place pursuant to your direction
or consent and what was the consideration thereof? f W
6. At any time after you were served did you pay,
transfer or deliver any money or property to the
defendant(s) or to any person or place pursuant to
his(her, their) direction or otherwise discharge any
claim of the defendant(s) against you? W
7. If you are a bank or other financial institution, at
the time you were served or at any subsequent time did
the defendant have funds on deposit in an account in
which funds are deposited electronically on a
recurring basis and which are identified as being
funds that upon deposit are exempt from execution,
levy or attachment under Pennsylvania or federal law?
If so, identify each account and state the reason for
the exemption, the amount being withheld under each
exemption and the entity electronically depositing
those funds on a recurring basis.
8. If you are a bank or other financial institution, at
the time you were served or any subsequent time did
the defendant have funds on deposit in an account in
which the funds on deposit, not including any
otherwise exempt funds, did not exceed the amount of
the general monetary exemption under 42 Pa.C.S. §8123?
If so, identify each account.
9. How much is the value of any property in your
possession belonging to the defendant(s)? -?^
FREDERIC I. W NBERG, ESQUIRE
JOEL M. F IN ESQUIRE
Attorney Plaintiff
DATED : l9 (am Attor
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating
s ?n ?
to unsworn falsifications to authorities, that he4es nR.l (Name)
Of garnishee herein,
(Company)
(Tyiler?JIAVN?
that he/she is duly authorized to make this verification, and that the facts set forth in the
foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge,
information and belief.
(SIGNATURE)
VILA-
2409 JUL -9 F 12'
Gl
L' I vl ?'?11 .art.
Sheriffs Office of Cumberland County
R Thomas Kline ®??t, of c umbra ? Edward L Schorpp
Sheri" Solicitor
G ?• . ut
Ronny R Anderson Jody S Smith
Chief Deputy OMCE OF `"E FKERIFF Civil Process Sergeant
Calvary Portfolio Services LLC Case Number
vs. 2007-6968
Michael A Willard
SHERIFF'S RETURN OF SERVICE
06/30/2009 04:02 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
June 30, 2009 at 1558 hours, attached as herein commanded all goods, chattels, rights, debts, credits,
and monies of the within named defendant, to wit: Michael A. Willard, in the hands, possession, or control
of the within named garnishee, Michael A. Willard, Cumberland County, Pennsylvania, by handing to
Leslie Gaus, Customer Service Representative, personally three copies of interrogatories together with
three true and attested copies of the writ of execution and made the contents there of known to her.
The writ of execution and notice to defendant was mailed on 07-01-09 to Michael Willard at 308 4th
Street, Summerdale, PA 17093.
So Answers,
ff
heri
R, fihomas Kline,/
B
Deputy Sherif
C
_j CP
il,+'
S (^' +1s -i•T
2037709
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
Cavalry Portfolio Services,LLC
as assignee of Cavalry SPV I,
LLC as assignee of CitiBank
USA,N.A. as assignee of Texaco
VS.
MICHAEL A. WILLARD
and
FULTON BANK
Garnishee
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 07-6968
PRAECIPE TO DISSOLVE ATTACHMENT
TO THE PROTHONOTARY:
Kindly dissolve the attachment of the defendant's bank
account with FULTON BANK, as Garnishee in the above entitled
matter.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I. WEINBERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
POll
BLED-01=- iCE
aE THE PROT IDIN MA Y
2W9 JUL 24 AM 8= 4 4
cullvb": UN Ty
%-,i- UO d-- ?7 G?erti?OCr?
ck41 -5-S- 7 1
20 P- 31-0
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ':_}tFu{'
Sheriff 4u
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
Calvary Portfolio Services LLC
vs.
Michael A Willard
d 2: jAl
Case Number
2007-6968
SHERIFF'S RETURN OF SERVICE
06/30/2009 04:02 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
June 30, 2009 at 1558 hours, attached as herein commanded all goods, chattels, rights, debts, credits,
and monies of the within named defendant, to wit: Michael A. Willard, in the hands, possession, or control
of the within named garnishee, Michael A. Willard, Cumberland County, Pennsylvania, by handing to
Leslie Gaus, Customer Service Representative, personally three copies of interrogatories together with
three true and attested copies of the writ of execution and made the contents there of known to her.
The writ of execution and notice to defendant was mailed on 07-01-09 to Michael Willard at 308 4th
Street, Summerdale, PA 17093.
03131/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $91.17
March 31, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Cavalry Portfolio Services, LLC
as assignee of Cavalry SPV I,LLC
assignee of TEXACO
Plaintiff NO. 07-6968
v. CIVIL ACTION -LAW
MICHAEL A WILLIARD
Defendant(s)
ENTRY OF APPEARANCE -0 , -
TO THE PROTHONOTARY: ''t, Y
.:
Kindly enter the undersigned as counsel for Plaintiff in the captioned matter.
CS
�.o
Respectfully •• d,
By:
Michael B. Volk,Esq.#885530
Fulton, Friedman&Gullace LLP
Counsel for Plaintiff
6 Kacey Court, Suite 203
Mechanicsburg,PA 17055
Tel: (866) 563-0809 Fax: (585) 546-4241
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office,
first class mail,postage prepaid,addressed as follows:
MICHAEL A WILLIARD
308 4TH ST
SUMMERDALE PA 17093
Defendant(s)
Michael B.Volk,Esq.
Attorney ID #885530
FFG File#: 376814
1111111 11111111111111111111 l{III 111111111111 Oil lilt 111111111 III I
PAJPA_EOA GARB
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Cavalry Portfolio Services, LLC : ❑ Confessed Judgment
as assignee of Cavalry SPV I, LLC : El Other
assignee of TEXACO : Docket No. 07-6968
: Judgment Amount $1882.03
v : Less Payments $(0.00)
: Interest: $572.60
MICHAEL A WILLIARD : Total: $2842.64: Atty's
308 4TH ST Comm: $
SUMMERDALE PA 17093 : Costs:
PRAECIPE FOR ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract or
account based on a confession of judgment, but if it does , it is based on the appropriate original proceeding filed
pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of attachment in the above matter to the Sheriff of Cumberland County, for debt, interest and
costs, directing attachment against M AND T BANK , as Garnishee, for the following property of the
defendant(s):
All accounts, including but not limited to, all savings, check'. . • • other accounts, certificates of
deposit, notes receivables, collateral, pledges, documents of title, sec 'ti a C/I upons and all other property of
the defendant(s) in the possession, custody or control of Garnishee.
Date r Signature:
Print name: Michael B. Volk, Esq.
Address: 6 Kacey Court, Suite 203
Mechanicsburg, PA 17055
Attorney for: Cavalry Portfolio Services,LLC
as assignee of Cavalry SPV I, LLC
Telephone: (866)563-0809
Supreme Court ID No:#885530
c a r-
FFG File# 376814 ,E
s I IIIII111111 lllll 111111111111111111111111111 llll MI 1 111 II II II II
Cf
odAk G . coRa oLAzs_
9l . l '7
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PA_BANKPWRITC 2- 1D30-) �r t
Vv
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 07-6968 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CAVALRY PORTFOLIO SERVICES,LLC ASSIGNEE
OF CAVALRY SPV I,LLC ASSIGNEE OF TEXACO Plaintiff(s)
From MICHAEL A.WILLIARD,308 4TH STREET,SUMMERDALE,PA 17093
(1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed
to attach the property of the defendant(s)not levied upon in the possession
of GARNISHEE(S)as follows:
M&T BANK,423 N.ENOLA ROAD,ENOLA,PA 17025 -ALL ACCOUNTS,INCLUDING BUT
NOT LIMITED TO,ALL SAVINGS,CHECKING AND OTHER ACCOUNTS,CERTIFICATES
OF DEPOSIT,NOTES RECEIVABLES,COLLATERAL,PLEDGES,DOCUMENTS OF TITLE,
SECURITIES,COUPONS AND ALL OTHER PROPERTY OF THE DFENDANT(S)IN THE
POSSESSION,CUSTODY OR CONTROL OF GARNISHEE.
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;
(2) 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$1,882.03 Plaintiff Paid$
Interest$572.60
Attorney's Comm. % Law Library$.50
Attorney Paid$288.53 Due Prothonotary$2.25
Other Costs$
Date: 2%28/14
�r
David D. Buell, Pr thonotary
By:
Deputy
REQUESTING PARTY:
Name : MICHAEL B.VOLK,ESQUIRE
Address: FULTON,FRIEDMAN& GULLACE LLP
6 KACEY COURT,SUITE 203
MECHANICSBURG,PA 17055
Attorney for: PLAINTIFF
Telephone: 866-563-0809
Supreme Court ID No. 885530
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
Cavalry Portfolio Services, LLC
as assignee of Cavalry SPV I, LLC
assignee of TEXACO
Plaintiff CIVIL ACTION - LAW
vs.
MICHAEL A WILLIARD
Defendant(s)
To: M AND T BANK
423 N. Enola Rd.
Enola PA 17025
No.07 -6968
Cu) Savers 4-0
INTERROGATORIES TO GARNISHEE
PURSUANT TO RULE 3253 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING
INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY
REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND
FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S
EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S).
IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE
A. You are required to file answers to the following interrogatories within twenty (20) days after service
upon you. Failure to do so may result in judgment against you.
B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ Execution was issued.
C. "You" means the main office and all branch offices, representatives, employees and agents of your
organization.
D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment
which is in your possession, custody or control is attached, including all property of the Defendant(s) which
comes into your possession thereafter.
E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented
as you receive further or additional information.
F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate
is to be used, it should be identified as such, an explanation should be given as to the basis on which the estimate
is made, and the reason the exact information cannot be furnished.
G. Where knowledge or information in possession of a party is requested, such request includes knowledge
of the party's agents, representatives, and attorneys.
FFG file #: 376814
1 111111 11 11 1 11111 11111 11111 11111 11 11 1 111111 1 11 1 1 1111 11111 1111 11 11
PA/PA_BANKINTERROGS
INTERROGATORIES TO GARNISHEE
DEFENDANT(S) - MICHAEL A WILLIARD
SS# - ***-**-7758
1. At the time you were served or at any subsequent time did you owe the defendant(s) any money
or were you liable to the defendant(s) on any negotiable or other written instrument, or did the
defendant(s) claim that you owed the defendant(s) any money or were liable to the defendant(s) for any
reason?
2. At the time you were served or at any subsequent time was there in your possession, custody or
control or in .the joint possession, custody or control of yourself and one or more other persons any
property of any nature owned solely or in part by the defendant(s)?
3. At the time you were served or at any subsequent time did you hold legal title to any property of
any nature owned solely or in part by the defendant(s) or in which the defendant(s) held or claimed any
interest?
kS
4. At the time you were served or at any subsequent time did you hold as fiduciary any property in
which the defendant(s) had an interest? cs
5. At any time before or after you were served did the defendant(s) transfer or deliver any property
to you or to any person or place pursuant to your direction or consent and if so what was the consideration
therefor?
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6. At any time after you were served did you pay, transfer or deliver any money or property to the
defendant(s) or to any person or place pursuant to the defendant's direction or otherwise discharge any
claim of the defendant(s) against you?
7. If you are a bank or other financial institution, at the time you were served or at any subsequent
time did the defendant(s) have funds on deposit in an account in which funds are deposited electronically
on a recurring basis and which are identified as being funds that upon deposit are exempt from execution,
levy or attachment under Pennsylvania or federal law? If so, identify each account number and state the
amount of funds in each account, and the entity electronically depositing those funds on a recurring basis.
PA/PA_BANKINTERROGS
DEFENDANT(S) - MICHAEL A WILLIARD
SS #' * * * -* -7758
8. If you are a bank or other financial institution, at the time you were served or at any subsequent
time did the defendant have funds on deposit in an account in which the funds on deposit, not including
any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42
Pa.C.S. § 8123? If so, identify each account.
9. Please identify all accounts not listed in your answer to Interrogatory No. 7, the amount of funds
in each account, whether the funds are deposited electronically on a recurring basis and the entity
electronically depositing those funds. If the defendant(s) maintains any of these accounts jointly with
any other person, or persons, give their name, address and relationship to defendant.
10. Are there any attorney's fees or processing fees charged by you against the defendant(s) or
account(s) of the defendant(s) for the completion of this answer? If yes, outline the exact amount of any
fees due and owing to the garnishee or the attorney for the garnishee for the preparation of the Answer.
Ao
11 . Please �pgr& T ide Bthe name, business address and business telephone of the person answering these
interrogatories. VI
LEGAL DOCUMENT PROCESSIW: LO�� K `114 - l c b5'O
P.O. BOX 844
12. Please
BUFFALO the addr ss ana telephone number where future court documents pertaining to this
case can be served on Garnishee. �
Fulton, Friedman & Gullace LLP
Michael B. Volk, Esq. #885530
(866) 563-0809
Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
Please return your Answer to Interrogatories to counsel for Plaintiff at: 28 E. Main Street, Suite 500 Rochester,
New York 14614.
FFG File #: 376814
PAPA BANKINTERROGS
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
it s'f+t. CIE/I#1pr. f tr.•
Jody S Smith '"' r4,9 / '
Chief Deputy Vii# � 11
Richard W Stewart f 2
Solicitor Mu - PENNS)/ 6 Lititl t r
ANIr".
Calvary Portfolio Services LLC
vs. Case Number
Michael A Willard 2007-6968
SHERIFF'S RETURN OF SERVICE
03/05/2014 10:15 AM-William Cline, Deputy, who being duly sworn according to law, attached as herein commanded
all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control
of the within named garnishee, M &T Bank, 960 Walnut Bottom Road, South Middleton Township,
Carlisle, PA 17013, Cumberland County, by handing to Debra Flyte, Banker, personally three copies of
interrogatories together with three true and attested copies of the Writ of Execution and made the contents
there of known to her.
The writ of execution and notice to defendant was mailed on March 7, 2014 to Mi ael A. Williard at 308
4th Street, Summerdale, PA 17093. T
I LIA CLINE, DEPUTY
SO ANSWERS,
March 07, 2014 RON /R ANDERSON, SHERIFF
tr. .,...)->ct ...�.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC
assignee of TEXACO
Plaintiff NO. 07-6968
v.
MICHAEL A WILLIARD
Defendant(s)
CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE ATTACHMENT
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TO THE PROTHONOTARY:
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Please discontinue the Writ of Execution filed against Garnishe0 in the referenced matter without prejudice.
Respectful)
By:
Michael B. Volk, Esq. #885530
Fulton, Friedman & Gullace LLP
Counsel for Plaintiff
6 Kacey Court, Suite 203
Mechanicsburg, PA 17055
(866) 563-0809
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office,
first class mail, postage prepaid, addressed as follows:
MICHAEL A WILLIARD
308 4TH ST
SUMMERDALE PA 17093
FFG file #: 376814
PA/PA_PRAEDISATT
Michael B. Volk, Esq.
Attorney ID #885530
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vq.spTA a4'
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Z- 2)s1t a\
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OFv CUMBERLAND COUNTY
LED �Y
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CUMBERLAND COUNTY
PENNSYLVANIA
Calvary Portfolio Services LLC
vs.
Case Number
2007-6968
SHERIFF'S RETURN OF SERVICE
0385/2014 1(l16AM'William Cline, herein
commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands,
possession, or control of the within named garnishee, M & T Bank, 960 Walnut Bottom Road, South
Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Debra Flyte, Banker,
personally three copies of interrogatories together with three true and attested copies of the Writ of
Execution and made the contents there of known to her.
The wrof execution and notice to defendant was mailed on March 7, 2014 to Michael A. VVilliard at 308
4th Street, Summerdale, PA 17093.
1007/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $89.76 SO ANSWERS,
October 07, 2014 RONNYRANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosoft, Inc.