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Home My WebLink About08-1609 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, N.A. Plaintiff No: D8` 16DI Civ?? ?er'w? vs. COMPLAINT IN CIVIL ACTION GREGG B STUCKEY 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05981611 C A Pit SGM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, N.A. Plaintiff vs. Civil Action No GREGG B STUCKEY 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, FIA CARD SERVICES, N.A. is a corporation with offices at 2727 PACES FERRY RD,##1400 ATLANTA , GA 30339 . 2. Defendant is adult individual(s) residing at the address listed below: GREGG B STUCKEY 728 ERFORD RD FL O CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX0397 . 4. Defendant made use of said credit card and has a current balance due of $16341.79 , as of January 23, 2008 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 7.000g per annum on the unpaid balance from January 23, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , GREGG B STUCKEY , INDIVIDUALLY , in the amount of $16341.79 with continuing interest thereon at the rate of 7.000% per annum from January 23, 2008 plus costs. James WELTM 436 Pitt (41 ) 05 warmbrodt,42524 WEINBERG & REIS CO., L.P.A. e th Avenue, Suite 1400 r h, PA 15219 4-7955 2-338-7130 1 C A Pit SGM This law firm is a debt collector attting to collect this debt for our client and any information obtained will be used for that purpose. I aREGG B STUCKEY Account Number: 4319 04101215 6164 Your Bank of America Visa® Account New Balance Total Credit Line Cash Limit Overlimit Amount Minimum Payment Due 24-Hour Customer Service For Lost or Stolen Cards $13,389.66 Past Due Amount $0.00 Available Credit $0.00 Available Cash $0.00 Billing Date $2,275.65 Payment Due Date 1.800.732.9194 1.800.848.6090 Bank ofAmerica ''oo,' Customer Corner We did not receive your payment by the payment due date. As a result, the promotional rate(s) will $1,746.05 no longer be in effect after the billing date shown on this E $0.00 statement. $0.00 09/20/06 10/15/06 Pay online! Visit www.bankofamerica.com Transactions View recent transactions and pay your bill onli t ne a www.bankofamerica.com. POST. TRANS. REF. DATE DATE NO. DESCRIPTION AMOUNT Sep 14 Sep 14 LATE PAYMENT FEE CR=CREDrr Sep 20 Sep 20 PERIODIC FINANCE CHARGE $39.00 $380.70 Account Summary Previous Balance Purchases $12,989.96 Cash Advances + $0.00 Other Debits + $0.00 Credits + $3900 FINANCE CHARGE 60.70 Payments + 0 $3.70 New Balance $0 $.66 - $13,389.66 Past Due Amount = $1,746.06 Finance Charge Summary o --• , .-, , .. .....,r ?,., APR Periodic Rate r -'age uairy Balance (ADB) Minimum M / Periodic (P) Charge Purchases 32 2 . 40% 0.08633%v D Cash $10,647.64 $291.56 P 32.240% 0.08833%v D Promotional 4 ?•? ?•? P 32.240% 0.08833%v D $2,524.72 $69 14 P ANNUAL PERCENTAGE RATE 32.240% . v--Variable Bank of America -W EXHIB9 0018000 0227565 1338966 4319041012156164 BANK OF AMERICA PO BOX 1516 NEWARK NJ 07101-1516 111111 111 iimiiiimnriiurii1i.inuiiriinnriiriimuiii Pa man, Cou n Account Number 4319 0410 1215 6164 Payment Due Date 10/15/06 Total Minimum Payment Due $2,275.65 New Balance: $13.389.66 This is en e/eotronrc reproduction or your statement and includes account inrormat/on only VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is - xh.dbh A n (Name) of plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (Signature) 'O-h o 4c'k Cl.^-- - WWR#05981611 f r A a??/}"? ?rS i? F 70 n ? o o ? r w W a ' W s T' -1 f cN? PC 3:z. rA GJ -i ^C Ar 6t" ol &, aiet J" , ti. 4. Va. 4v# 6 Zu- J44411?f Aff A + 03/b, /D? 47 eu8?.a.G ..aiyw.?C /%Zf? 6L di Aroo mfuut. a- 4A4.? 13, A4 42- JS-01,5- J.,e4t.teG co?.w.e cuca ca?.c( , ,c.,,e? A:?,4,je- 4*A,4? . ?...?- of , uXu" .R,Ne- ,Bra .aeAt a.. t B.,? 4.eL 6 &J r l ? ,4; ^,eee? 4 A'D 03 /a, /08 na SHERIFF'S RETURN - REGULAR CASE NO: 2008-01609 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIA CARD SERVICES NA VS STUCKEY GREGG 3 MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE STUCKEY GREGG B was served upon DEFENDANT the , at 1800:00 HOURS, on the 19th day of. March , 2008 at 728 ERFORD ROAD CAMP HILL, PA 17011 JORDAN STUCKEY, SON by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.40 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 42.40 ? 03/20/2008 WELTMAN WEINBERG REIS Sworn and Subscribed to By: before me this day Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, N.A., Plaintiff, vs. GREGG B STUCKEY , Defendant. Case No.: 08-1609-CIVIL TERM MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler,Esquire PA ID# 93598 Weltman,Weinberg & Reis CO L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15215 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, N.A., Plaintiff, Case No.: 08-1609-CIVIL TERM vs. MOTION FOR SUMMARY JUDGMENT GREGG B STUCKEY , Defendant. MOTION FOR SUMMARY JUDGMENT AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Motion for Summary Judgment against the Defendant. In support thereof, Plaintiff avers as follows: 1. Plaintiff filed a Complaint against Defendant seeking judgment in the amount of $16,341.79 with interest at the interest rate of 7.00% per annum from January 23, 2008, and costs. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. Attached to the Complaint was Verification from an authorized representative of Plaintiff verifying the accuracy of the amount sought. See Exhibit "A". 3. Defendant filed an Answer to Plaintiff's Complaint. A true and correct copy of the Answer is attached hereto as Exhibit "B" and made a part hereof. 4. On or around January 5, 2009, Plaintiff served upon Defendant a set of requests for admissions and requests for production of documents. A true and correct copy of the same is attached hereto as Exhibit "C" and made a part hereof. 5. No response to the discovery demands has been received from the Defendant. 6. The requests for admissions are now deemed admitted under Pennsylvania Rule of Civil Procedure 4014(b). Thus Defendant has admitted that he has made no payment on the credit card since August 2 2006; that he applied for the credit card; that the statements attached to Plaintiffs Discovery Request correctly identify the payments, charges, and balances on the account; that he has not submitted any written disputes as to billing inaccuracies; and that $16,341.79 is a correct and accurate balance on the credit card account. 7. By way of his Answer, the documents attached to this Motion, and the Requests for Admissions, deemed admitted under Pa.R.C.P. 4014(b), the Defendant has admitted all facts material to this matter and verified the amount owed. 8. There are no meritorious defenses against this action and Plaintiff is entitled to summary judgment as a matter of Law against defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant summary judgment in favor of Plaintiff and against Defendant for $16,341.79 with interest at the legal interest rate of 7.00% per annum from January 23, 2008. Respectfully Submitted: By: Benjam Vner,Ksquii7e PA ID# Weltman,Weinberg & Reis CO L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15215 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, N.A. Plaintiff VS. GREGG B STUCKEY Defendant No: COMPLAINT IN CIVIL ACTION 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05981611 C A Pit SGM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, N.A. Plaintiff VS. Civil Action No GREGG B STUCKEY 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, FIA CARD SERVICES, N.A. is a corporation with offices at 2727 PACES FERRY RD,#1400 ATLANTA , GA 30339 . 2. Defendant is adult individual(s) residing at the address listed below: GREGG B STUCKEY 728 ERFORD RD FL O CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX0397 . 4. Defendant made use of said credit card and has a current balance due of $16341.79 , as of January 23, 2008 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 7.000% per annum on the unpaid balance from January 23, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully -S0016 :Q,r refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , GREGG B STUCKEY , INDIVIDUALLY , in the amount of $16341.79 with continuing interest thereon at the rate of 7.000% per annum from January 23, 2008 plus costs. Jh)4 Warmbrodt,42524 WWEINBERG & REIS CO., L.P.A. 4th Avenue, Suite 1400 Ph, PA 15219 (-7955 F 338-7130 0C A Pit SGM This law firm is a debt collector attting to collect this debt for our client and any information obtained will be used for that purpose. I GREGG B STUCKEY Account Number: 4319 0410 1215 6164 Your Bank of America Visa® Account New Balance $13,389.66 Past Due Amount $1,746.05 Total Credit Line $0.00 Available Credit $0.00 Cash Limit $0.00 Available Cash $0.00 Overlimit Amount $0.00 Billing Date 09/20/06 Minimum Payment Due $2,275.65 Payment Due Date 10/15/06 24-Hour Customer Service 1.800.732.9194 Pay onfinel Visit For Lost or Stolen Cards 1.800.848.6090 www.bankofamerica.com Transactions View recent transactions and pay your bill online at vwvw.bankohamerica POST. TRANS. REF. DESCRIPTION AMOUNT DATE DATE NO. CR=CREDIT Sep 14 Sep 14 LATE PAYMENT FEE $39.00 Sep 20 Sep 20 PERIODIC FINANCE CHARGE 4380.70 Account Summary Previous Balance $12,989.96 Purchases + $0.00 Cash Advances + $0.00 Other Debits + $39.00 Credits - $0.00 FINANCE CHARGE + $360.70 Payments - $0.00 New Balance = $13,389.66 Past Due Amount = $1,746.05 Finance Charge Summary Corresponding Daily (D) / Monthly M Average Daily Minimum M / APR Periodic Rate Balance (ADS) Periodic (P) Charge Purchases 32.240% 0.08633%v D $10,647.64 $291.56 P Cash 32.240% 0.08833%v D $0.00 $0.00 P Promotional 4 32.240% 0.08833%v D $2,524.72 $69.14 P ANNUAL PERCENTAGE RATE 32.240% v=variable Bankof America -4.W Bankof America -4*r- Customer Comer We did not receive your payment by the payment due date. As a result, the promotional rate(s) will no longer be in effect after the billing date shown on this statement. EXHIBIT 0018000 0227565 1338966 4319041012156164 BANK OF AMERICA PO Box 1516 NEWARK N] 07101-1516 1111111111111,iiiill#1111111,iiririrariiriinn,iiliinN1iii Payment Cou n Account Number 4319 0410 1215 6164 Payment Due Date 10/15/06 Total Minimuff Payment Due $2,275.65 New Balance: $13,389.66 This is an elacbonic reproduction d your statment and includes account in/armation only VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is (Name) `°Sby l`'`rO` of /lam" K plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (Signature) Q WWR#05981611 a `:.:fir, •. ••..?+ ..?,? /0 Md. o 9- lb o q d v?t Jam, c-yj- a- dam" ?n.d- iia- -4w 61- AC?K C` A, 4luoe- c? 3;r".,C Q eo4 ce? .A4";.d AOf 6 - ,e4 i,,d ? 4 4 px&w?. EMMI R Sql?l9?l S I avmzottr 4w ,vf,d 4 -494 ' cwt 4 n Qom' r ?t, JA??r /9- 4z+ 03/3( /,, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION FIA CARD SERVICES, N.A., Plaintiff, V. GREGG B STUCKEY, Defendant. NO.: 08-1609-CIVIL TERM PLAINTIFF'S FIRST REQUEST FOR ADNHSSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff demands that the defendants answer and respond to the following Request for Production of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedure within 30 days from the date of service hereof. Plaintiff also demands that defendants answer and respond to the following Request for Admissions pursuant to Pa. Rules of Civil Procedure 4014. You are requested to admit the truth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director D6Y81? or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. In these Requests for Admissions: A. The word "person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "document s)" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity", "identify" "identification" when used with respect to a person As) means to state the full name and present or last known address and business address of such rson s and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity", "identify" "identification" when used with respect to a date, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each erson who have possession, custody, and control of said document( s). If any such document was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify", when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identi each and every erson s participating in such an act; (3) identi all other person(s) (if any) present when such act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identi the person(s) presently having possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 9. These requests are of a continuous nature. These Requests for Production of Documents shall be deemed continuing so as to require supplemental answers and documents if any information of documents are acquired subsequent to the filing of responses hereto, which information or documents would have been included in the answers and documents produced had it been known or available at the time the answers and the documents provided pursuant hereto were produced. Defendants shall supply such information and documents by supplemental answers and production of documents as soon as such information becomes known or available and in all events, prior to trial of this action. If objection is made to any requests for production of documents, it is demanded that the requests for which there is no objection be answered and furnished within the aforesaid period. All documents identified in response hereto shall be organized and labeled to correspond with the request to which it pertains. For all documents produced, list the individual and his or her job title and department from whose files it was produced and the current custodian of said document. If a document called for is believed to exist or is known to exist, but is in the possession, custody or control of another person or party, the existence of the document, the identity of the possessor, custodian and one in control of such documents shall be provided along with any applicable common description or citation utilized by the publisher, possessor, custodian or disseminator of such document. If any document called for by this request is withheld on the basis of any claim of privilege or any similar claim, identify that document as follows: author; addressee; indicated or blind copies, date, subject matter, number of pages; attachments or appendices; all persons to whom distributed, shown or explained; present custodian; and nature of the privilege or similar claim asserted. REQUEST FOR PRODUCTION OF DOCUMENTS 1 Produce any and all documents evidencing proof of all payments on the subject credit card referenced in the Complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records, data compilations etc. REQUEST FOR PRODUCTION OF DOCUMENTS 2• Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial. REQUEST FOR ADMISSION NO. 1: Defendant applied for the credit card referenced in Plaintiffs Complaint. Admitted Denied If the answer to Request for Admissions No. 1 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 2: The attached monthly statements, from November 20 2005 through December 20 2006, correctly identify the payments, charges, and balances on the account. Admitted Denied If the answer to Request for Admissions No. 2 is "denied", then supply copies of canceled checks, both front and back, and/or if not available, specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 3: The last payment on the account was made on April 2 2006. Admitted Denied If the answer to Request for Admissions No. 3 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 4: Defendant has not submitted any written dispute as to billing inaccuracy concerning the credit card in question. Admitted Denied If the answer to the Request for Admissions No. 4 is "denied", then supply copies of specific written disputes as to any billing inaccuracies. REQUEST FOR ADMISSION NO. 5: $16341.79 is a correct and accurate current balance of the credit card account in question. Admitted Denied If the answer to Request for Admissions No. 5 is "denied", then supply specific written documentation supporting the denial. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. PA I.D #93 8 WEL , WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 DEFENDANT'S VERIFICATION 1, , (please print) under penalty of perjury and subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities verify that the foregoing Responses are true and correct to the best of my knowledge, information and belief. Date Signature CERTIFICATE OF SERVICE A true and correct copy of Plaintiffs First Request for Production of Documents and Request for Admissions has been served by U.S. Mail, on the " day of , Zoeq, upon the following: Gregg B Stuckey 728 Erford Rd Fl O Camphill Pa 17011 Z./ I GREGG B STUCKEY Account Number: 4319 04101215 6164 Your Bank of America Visa@ Account New Balance $11,119.96 Total Credit Line $14,000.00 Available Credit $2,880.04 Cash Limit $14,000.00 Available Cash $2,880.00 Overlimit Amount $0.00 Billing Date 11/20/05 Minimum Payment Due $77.02 Payment Due Date 12/15105 z4-dour customer service 1.800.732.9194 Pay onlinel Visit For Lost or Stolen Cards 1.800.848.6090 www.bankofamerica.com Transactions View recent transactions and pay your bill online at www.bankofamerica.com POST. TRANS. REF. DATE DATE NO. DESCRIPTION AMOUNT CR=CREDIT Nov 09 Nov 09 313854000100065001 53581 PAYMENT - THANK YOU CR $125.00 Nov 20 Nov 20 PERIODIC FINANCE CHARGE $87.02 Account Summary Previous Balance $11,177.94 Purchases + $0.00 Cash Advances + $0.00 Other Debits + $0.00 Credits $0.00 FINANCE CHARGE + $67.02 Payments - $125.00 New Balance $11,119.96 Finance Charge Summary Corresponding Daily (D) / Monthly (M) Average Daily APR Periodic Rate Balance (ADB) Minimum (M) / Periodic (P) Charge Purchases 14.740% 0.04039%v D Cash 22.740% 0.06231 %v D Promotional 4 6.750% 0.01850%v D $441.45 $0.00 $10,720.50 $5.53 P $0.00 P $61.49 P ANNUAL PERCENTAGE RATE 7.205% v=variable BankofAmerica '6jo' Bankof America'' Customer Corner 0012500 0007702 1111996 4319041012156164 -Fffment Cou BANK OF AMERICA Account Number 4319 0410 1215 6164 PO BOX 1758 Payment Due Date 12!15/05 NEWARK N7 07101-1758 Total Minimum Payment Due $77.02 New Balance: $11,119.96 I GREGG B STUCKEY Account Number: 4319 0410 1215 6164 Your Bank of America Visa® Account New Balance . $11,061.70 Total Credit Line $14,000.00 Available Credit $2,938.30 Cash Limit $14,000.00 Available Cash $2,938.00 Overrimit Amount $0.00 Billing Date 12/20/05 Minimum Payment Due $176.69 Payment Due Date 01/14/06 24-Hour Customer Service 1.800.732.9194 Pay online! Visit For Lost or Stolen Cards 1.800.848.6090 www.bankofawoerica.com Transactions View recent transactions and pay your bill online at www.bankofamerica.com POST. TRANS. REF. DATE DATE NO. DESCRIPTION AMOUNT CR=CREDIT Dec 07 Dec 07 341 PAYMENT - THANK YOU - CR $125.00 5;c 20 Dec 20 PERIODIC FINANCE CHARGE $66.74 Account Summary Previous Balance $11,119.96 Purchases + $000 Cash Advances + $000 Other Debits + $000 Credits $000 FINANCE CHARGE + $66.74 Payments - $125.00 New Balance = $11,061.70 Finance Charge Summary Corresponding Daily (D) / Monthly (M) Average Daily APR Periodic Rate Balance (ADB) Minimum M / Periodic (P) Charge Purchases 14.990% 0.04107%v D Cash 22.990% 0.06299%v D Promotional 4 7.000% 0.01918%v D $441.08 $0.00 $10,652.80 $5.44 P $0.00 P $61.30 P ANNUAL PERCENTAGE RATE 7.219% v--Variable Bank of America -630,- Bankof America'' Customer Corner 0012500 0017669 1106170 4319041012156164 Payment Cou n BANK OF AMERICA Account Number 4319 0410 1215 6164 PO BOX 1758 Payment Due Date 01/14106 NEWARK N] 07101-1758 HInr6nlur1116unrllr1dll11ddr66rbdr6hdrl1rdi Total Minimum Payment Due $176.69 New Balance: $11,061.70 I GREGG B STUCKEY Account Number: 4319 04101215 6164 Your Bank of America Visa® Account New Balance $10,955.48 Total Credit Line $14,000.00 Available Credit $3,044.52 Cash Limit $14,000.00 Available Cash $3,044.00 Overlimit Amount $0.00 Billing Date 01/20/06 Minimum Payment Due $179.63 Payment Due Date 02/14/06 24-Hour Customer Service 1.800.732.9194 Pay online! Visit For Lost or Stolen Cards 1.800.848.6090 www.bankofamerica.com Transactions View recent transactions and pay your bill online at www.bankofamefm.com. POST. TRANS. REF. DESCRIPTION AMOUNT DATE DATE NO. CR=CREDIT Jan 08 Jan05 00585400010045000078018 PAYMENT-THANK YOU CR$177.00 Jan 20 Jan 20 PERIODIC FINANCE CHARGE $70.78 Account Summary Previous Balance $11,061.70 Purchases + $0 00 Cash Advances + . $0 00 Other Debits + . $0.00 Credits $0.00 FINANCE CHARGE + $70 78 Payments _ . $177.00 New Balance $10,955.48 Finance Charge Summa Corresponding Daily (D) / Monthly (M) Average Daily Minimum M / APR Periodic Rate Balance (ADB) Periodic (P) Charge Purchases 15.240% 0.04176%v D $440.89 $5.71 P Cash 23.240% 0.06368%v D $0.00 $0.00 P Promotional 4 7.250% 0.01987%v D $10,563.80 $65.07 P ANNUAL PERCENTAGE RATE 7.718% v=Variable BankofAmerica ' Bank of America 1W Customer Corner 0017700 0017963 1095548 4319041012156164 BANK OF AMERICA PO Box 1758 NEWARK. N7 07101-1758 111111 1111111 111111111111111 111111111 if 111111 11111111111 11111 11111111 P ment Cou n Account Number 4319 0410 1215 6164 Payment Due Date 02/14/06 Total Minimum Payment Due $179.63 New Balance: $10,955.48 ur?limiiiurruiirnilrulln?Ilul?Irlrlml?Ilnlrnrlll Make check or money order payable to Bank of America This is an electronic reproduction ofyour statement and includes account infwmatron only. I GREGG B STUCKEY Account Number: 4319 0410 1215 6164 Your Bank of America Visa® Account New Balance $10,845.71 Total Credit Line $14,000.00 Available Credit $3,154.29 Cash Limit $14,000.00 Available Cash $3,154.00 Overlimit Amount $0.00 Billing Date 02/20/06 Minimum Payment Due $177.99 Payment Due Date 03/17/06 24-Hour Customer Service 1.800.732.9194 Pay online! Visit For Lost or Stolen Cards 1.800.848.6090 www.bankofamerica.com Transactions View recent transactions and pay your bill online at www b k f i . an o amer ca.com. POST. TRANS. REF. DESCRIPTION DATE DATE NO AMOUNT . CR=CREDIT Feb 08 Feb 08 03985400010032300079346 PAYMENT - THANK YOU CR $180.00 Feb 20 Feb 20 PERIODIC FINANCE CHARGE $70.23 Account Summary Previous Balance $10,955.48 Purchases + $000 Cash Advances + $0.00 Other Debits + $0.00 Credits $0.00 FINANCE CHARGE + $70.23 Payments _ $180.00 New Balance = $10,845.71 Finance Charge Summary Corresponding Daily (D) / Monthly (M) Average Daily Minimum (M) / APR Periodic Rate Balance (ADB) Periodic (P) Charge Purchases 15.240% 0.04176%v D $441.58 $5.72 P Cash 23.240% 0.06368%v D $0.00 $0.00 P Promotional 4 7.250% 0.01987%v D $10,472.50 $64.51 P ANNUAL PERCENTAGE RATE 7.721% v=Variable Bankof America 1W Bankof America Customer Corner 0018000 0017799 1084571 4319041012156164 BANK OF AMERICA PO BOX 1758 NEWARK NJ 07101-1758 fill rlurfurllllnunlfu11Iffurlrlrfthill lrftfulthill I Pa meat Cou n Account Number 4319 0410 1215 6164 Payment Due Date 03117/06 Total Minimum Payment Due $177.99 New Balance: $10,845. 71 mIIImlllanalfnllfmllurllulll?Illnrl?Ilnlunlll Make cheek ormoney order payable toBankofAmerica This is an e/ecbonic rswoduction of your statement and includes account information only. I GREGG B STUCKEY Account Number: 4319 04101215 6164 Your Bank of America Visa@ Account New Balance $10,730.53 Total Credit Line $14,000.00 Available Credit $3,269.47 Cash Limit $14,000.00 Available Cash $3,269.00 Overlimit Amount $0.00 Billing Date 03/20/06 Minimum Payment Due $171.48 Payment Due Date 04114/06 24-Hour Customer Service 1.800.732.9194 Pay online! Visit For Lost or Stolen Cards 1.800.848.6090 www.bankofamerica.com Transactions View recent transactions and pay your bill online at www.bankofamerica.com. POST. TRANS. REF. DATE DATE NO. DESCRIPTION AMOUNT CR=CREDIT Mar O8 Mar 08 06785400010009500288514 PAYMENT - THANK YOU Mar 20 Mar 20 PERIODIC FINANCE CHARGE CR $180.00 $64.82 Account Summary Previous Balance $10 845.71 Purchases + , $0 00 Cash Advances + . $0 00 Other Debits + . $000 Credits $0 00 FINANCE CHARGE + . $6482 Payments _ $180 00 New Balance - - . $10,730.53 Finance Charge Summary APR Periodic Rate Balance ODB) Periodic (P) Charge Purchases 15.490% 0.04244%v D $441.09 $5.25 P Cash 23.490% 0.06436%v D $0.00 $0.00 P Promotional 4 7.500% 0.02056%v D $10,352.40 $59.57 P ANNUAL PERCENTAGE RATE 7.206% v=Variable Bank of America -4j0- 0018000 0017148 1073053 4319041012156164 Bankof America -*?? Customer Corner Payment Cou n BANK OF AMERICA Account Number 4319 0410 1215 6164 PO BOX 1758 Payment Due Date 04/14J06 NEWARK NJ 07101-1758 iiinriii,iu.ii Total Minimum Payment Due $171.48 New Balance: $10,730.53 I GREGG B STUCKEY Account Number: 4319 04101215 6164 Your Bank of America Visa® Account New Balance $11,929.61 Total Credit Line $14,000.00 Available Credit $2,070.39 Cash Limit $14,000.00 Available Cash $2,070.00 Overlimit Amount $0.00 Billing Date 04/20/06 Minimum Payment Due $197.59 Payment Due Date 05/15/06 24-Hour Customer Service 1.800.732.9194 Pay onhnel Visit For Lost or Stolen Cards 1.800.848.6090 www.bankofamerica.com Transactions View recent transactions and pay your bill online at www.bankofamerica.com. POST. TRANS. REF. DESCRIPTION DATE DATE NO AMOUNT . CR=CREDIT Mar 24 Mar 23 74019028083107926678770 EENFP-2-BAL TSFR 0818810792887877 $1,300.00 Apr 02 Apr 01 09185400010032100080333 PAYMENT - THANK YOU CR $180.00 Apr 20 Apr 20 PERIODIC FINANCE CHARGE $7908 Account Summary Previous Balance $10,730.53 Purchases + $0.00 Cash Advances + $000 Other Debits + $1,300.00 Credits $0.00 FINANCE CHARGE + $79.08 Payments $180.00 New Balance $11,929.61 Finance Charge Summary Corresponding Daily (D) ! Monthly (IUfj Average Daily Minimum (M) ! APR Periodic Rate Balance (ADB) Periodic (P) Charge Purchases 15.740% 0.04313%v D $440.21 $5.89 P Cash 23.740% 0.06505%v D $0.00 $0,00 P Promotional 4 7.750% 0.02124%v D $10,209.62 $67.23 P Promotional 28 5.750% 0.01576%v D $1,218.81 $5.96 P ANNUAL PERCENTAGE RATE 7 995% . v=Variable Bankof America Bankof America Customer Corner 0018000 0019759 1192961 4319041012156164 ment Cou rt BANK OF AMERICA Account Number 4319 0410 1215 6164 PO BOX 1758 Payment Due Date 05115/06 NEWARK N] 07101-1758 iiimiu,inriiiiuaniiu111111ririririnini,iriairlu,ii Total Minimum Payment Due $197.59 New Balance: 11 929.61 I GREGG B STUCKEY Account Number: 4319 04101215 6164 Your Bank of America Visa® Account New Balance $12,045.74 Past Due Amount t1a7 r.c Total Credit Line $14,000.00 Available Credit $1,954.26 Cash Limit $14,000.00 Available Cash $1,954.00 Overlimit Amount $0.00 Billing Date 05/20/06 Minimum Payment Due $433.02 Payment Due Date 06/14/06 24-Hour Customer Service 1.800.732.9194 Pay online! Visit For Lost or Stolen Cards 1.800.848.6090 www.bankofarnerica.com Transactions View recent transactions and pay your bill online at ww b k f w. an o america.com. POST. TRANS. REF. DATE DATE NO. DESCRIPTION AMOUNT CR=CREDR May 15 May 15 LATE PAYMENT FEE $3900 May 20 May 20 PERIODIC FINANCE CHARGE $7713 Account Summary Previous Balance $11 929.61 Purchases + , $0 00 Cash Advances + . $0.00 Other Debits + $39 00 Credits . $0.00 FINANCE CHARGE + $77.13 Payments - $0.00 New Balance = $12,045.74 Past Due Amount = $197.59 Finance Charge Summary Corresponding Daily (D) / Monthly (M) Average Daily APR Periodic Rate Balance (ADB) Minimum M / Periodic (P) Charge Purchases Cash Promotional 4 Promotional 28 15.740% 0.04313%v D 23.740% 0.06505%v D 7.750% 0.02124%v D 5.750% 0.01576%v D $451.96 $0.00 $10,213.74 $1,308.94 $5.85 P $0.00 P $65.09 P $6.19 P ANNUAL PERCENTAGE RATE 7.729% v=variable Your account is currently past due. Please visit our secure Website www.myeasypayment.com to make an instant payment online and avoid additional Late Fees. Bank of America '4,jol' BankofAmerica -4jo- Customer Corner IMPORTANT NOTICE. We are changing the terms of the Cardholder Agreement that governs your credit card Account with us. These changes are set forth on and/or enclosed in this statement. Please read the information carefully and retain it for your records. 0018000 0043302 1204574 4319041012156164 Payment Cou n BANK OF AMERICA Account Number 4319 0410 1215 6164 PO BOX 1516 Payment Due Date 06114106 NEWARK N7 07101-1516 Total Minimum Payment Due $433.02 New Balance: $12,045.74 I GREGG B STUCKEY Account Number: 4319 0410 1215 6164 Your Bank of America Visa® Account New Balance $12,233.47 Past Due Amount $433.02 Total Credit Line $14,000.00 Available Credit $1,766.53 Cash Limit $14,000.00 Available Cash $0.00 Overlimit Amount $0.00 Billing Date 06/20/06 Minimum Payment Due $741.21 Payment Due Date 07/15/06 24-Hour Customer Service 1.800.732.9194 Pay online) Visit For Lost or Stolen Cards 1.800.848.6090 www.bankofamwica.com Transactions View recent transactions and pay your bill online at w b k f ww. an o america.com. POST. TRANS. REF. DATE DATE NO. DESCRIPTION AMOUNT CR=CREDIT Jun 14 Jun 14 LATE PAYMENT FEE $3900 Jun 20 Jun 20 PERIODIC FINANCE CHARGE $148.73 Account Summary Previous Balance $12,045.74 Purchases + $000 Cash Advances + $000 Other Debits + $39.00 Credits $000 FINANCE CHARGE + $148.73 Payments _ $0.00 New Balance = $12,233.47 Past Due Amount = $433.02 Finance Charge Summary Corresponding Daily (D) / Monthly (M) Average Daily Minimum (M) / APR Periodic Rate Balance (ADB) Periodic (P) Charge Purchases 15.990% 0.04381 %v D $9,773.75 $132.74 P Cash 23.990% 0.06573%v D $0.00 $0.00 P Promotional 4 8.000% 0.02192%v D $2,352.53 $15.99 P ANNUAL PERCENTAGE RATE 14.718% v--Variable Your account is currently past due. Please visit our secure Website www.myeasypayment.com to make an instant payment online and avoid additional Late Fees. Bank of America BankofAmerica '0.01' Customer Comer 0018000 0074121 1223347 4319041012156164 Payment Coupo n BANK OF AMERICA Account Number 4319 0410 1215 6164 PO BOX 1516 Payment Due Date 07/15/06 NEWARK NJ 07101-1516 Total Minimum Payment Due $741.21 New Balance: $12,233.47 I GREGG B STUCKEY Account Number: 4319 0410 1215 6164 Your Bank of America Visa® Account New Balance $12,601.05 Past Due Amount $741.21 Total Credit Line $0.00 Available Credit $0.00 Cash Limit $0.00 Available Cash $0.00 Overlimit Amount $0.00 Billing Date 07/20/06 Minimum Payment Due $1,231.13 Payment Due Date 08/14/05 24-Hour Customer Service 1.800.732.9194 Pay online! Visit For Lost or Stolen Cards 1.800.848.6090 www.bankofamerica.com Transactions View recent transactions and pay your bill online at www.bankofamerica.com. POST. TRANS. REF. DESCRIPTION AMOUNT DATE DATE NO. CR=CREDIT Jul 15 Jul 15 LATE PAYMENT FEE $39.00 Jul 20 Jul 20 PERIODIC FINANCE CHARGE $328.58 Account Summary Previous Balance $12,233.47 Purchases + $0.00 Cash Advances + $0.00 Other Debits + $39.00 Credits - $0.00 FINANCE CHARGE + $328.58 Payments - $0.00 New Balance = $12,601.05 Past Due Amount = $741.21 Finance Charge Summary Corresponding Daily (D) / Monthly (M) Average Daily Minimum (M) / APR Periodic Rate Balance (ADB) Periodic (P) Charge Purchases 32.240% 0.08833%v D $10,007.99 $265.21 P Cash 32.240% 0.08833%v D $0.00 $0.00 P Promotional 4 32.240% 0.08833%v D $2,391.27 $63.37 P ANNUAL PERCENTAGE RATE 32.240% v=Variable Your account is over 60 days past due and closed to future use. This past due rating is being reported to the credit bureaus. To avoid further action, remit the "Min Payment Due" immediately. Call our Collections Department at 1.800.432.4715. Bankof America -44W Bank of America -0;- Customer Corner In accordance with your Cardholder Agreement, Penalty Rate Pricing has been placed on your account. Your account will return to its Standard Contract Rates after you make the Minimum Payment Due on-time for six consecutive months without going overlimit. 0018000 0123113 1260105 4319041012156164 Payment Cou n BANK OF AMERICA Account Number 4319 0410 1215 6164 PO BOX 1516 Payment Due Date 08/14/06 NEWARK NJ 07101-1516 Total Minimum Payment Due $1,231.13 New Balance: $12,601.05 I GREGG B STUCKEY Account Number: 4319 04101215 6164 Your Bank of America Visa® Account New Balance $12,989.96 Past Due Amount $1,231.13 Total Credit Line $0.00 Available Credit $0.00 Cash Limit $0.00 Available Cash $0.00 Overlimit Amount $0.00 Billing Date 08/20/06 Minimum Payment Due $1,746.05 Payment Due Date 09/14106 24-Hour Customer Service 1.800.732.9194 Pay online! Visit For Lost or Stolen Cards 1.800.848.6090 www.bankofamerica.com Transactions View recent transactions and pay your bill online at www.bankofamer!ca.com POST. TRANS. REF. DESCRIPTION AMOUNT DATE DATE NO. CR=CREDIT Aug 14 Aug 14 LATE PAYMENT FEE $39.00 Aug 20 Aug 20 PERIODIC FINANCE CHARGE $349.91 Account Summary Previous Balance $12,601.05 Purchases + $0.00 Cash Advances + $0.00 Other Debits + $39.00 Credits _ $0.00 FINANCE CHARGE + $349.91 Payments $0.00 New Balance = $12,989.96 Past Due Amount = $1,231.13 Finance Charge Summary Corresponding Daily (D) / Monthly IM) Average Daily Minimum (M) / APR Periodic Rate Balance (ADB) Periodic (P) Charge Purchases 32.240% 0.08833%v D $10,321.71 $282.64 P Cash 32.240% 0.08833%v D $0.00 $0.00 P Promotional 4 32.240% 0.08833%v D $2,456.65 $67.27 P ANNUAL PERCENTAGE RATE 32.240% v=Variable Your account is over 90 days past due and closed to future use. This past due rating is being reported to the credit bureaus. To avoid further action, remit the "Min Payment Due" immediately. Call our Collections Department at 1.800.279.8962. Bankof America Bankof America -,W Customer Corner IMPORTANT NOTICE. We are changing the terms of the Cardholder Agreement that governs your credit card Account with us. These changes are described in the Important Notice of Change in Terms enclosed with this statement. We did not receive your payment by the payment due date. As a result, the promotional rate(s) will no longer be in effect after the billing date shown on this statement. 0018000 0174605 1298996 4319041012156164 BANK OF AMERICA PO BOX 1516 NEWARK NJ 07101-1516 IIIu1Iu1Inrlllluunllurllr66m11 11111111111 11111111111 tment Cou n Account Number 4319 0410 1215 6164 Payment Due Date 09/14/06 Total Minimum Payment Due $1,746.05 New Balance: $12.98 .96 ]Bell 1m111nUnllnrllOrlludlplrlrlrlnrlrllulmrlll Make check or money order payable to Bank of America This is an a/ectionic fepfoductiOn d your statement and includes account inkrmetion only. I GREGG B STUCKEY Account Number: 4319 0410 1215 6164 Your Bank of America Visa® Account New Balance $13,389.66 Past Due Amount $1,746.05 Total Credit Line $0.00 Available Credit $0.00 Cash Limit $0.00 Available Cash $0.00 Overlimit Amount $0.00 Billing Date 09/20/06 Minimum Payment Due $2,275.65 Payment Due Date 10/15/06 24-Hour Customer Service 1.600.732.9194 Pay online! Visit For Lost or Stolen Cards 1.800.848.6090 www.bankofamerica.com Transactions View recent transactions and pay your bill online at www.bankofamerica.com. POST. TRANS. REF. DESCRIPTION AMOUNT DATE DATE NO. CR=CREDIT Sep 14 Sep 14 LATE PAYMENT FEE $39.00 Sep 20 Sep 20 PERIODIC FINANCE CHARGE $360.70 Account Summary Previous Balance $12,989.96 Purchases + $000 Cash Advances + $0.00 Other Debits + $39.00 Credits $0.00 FINANCE CHARGE + $360 70 Payments _ . $000 New Balance = $13,389.66 Past Due Amount = $1,746.05 Finance Charge Summary Corresponding Daily (D) / Monthly (M) Average Daily Minimum (No / APR Periodic Rate Balance (ADB) Periodic (P) Charge Purchases 32.240% 0.08833%v D $10,647.64 $291.56 P Cash 32.240% 0.08833%v D $0.00 $0.00 P Promotional 4 32.240% 0.08833%v D $2,524.72 $69.14 P ANNUAL PERCENTAGE RATE 32.240% v=Variable Bank of America -Op- Bank of America -0;- Customer Corner We did not receive your payment by the payment due date. As a result, the promotional rate(s) will no longer be in effect after the billing date shown on this statement. 0018000 0227565 1338966 4319041012156164 BANK OF AMERICA PO Box 1516 NEWARK NJ 07101-1516 IIIIIIIIIIIIIIIIIIIIIttfii111II1I'I?IIIIIIIIIII IIIIIIIIIIIIIIII Pawwmnt Cou Account Number 443319 0410 1215 6164 Payment Due Date 10/15/06 Total Minimum Payment Due $2,275,655 New Balance: $13,389.66 nJ??u1???ulutllnllllnlln1II11IlItIllnlllll11I11t1III Make check or money order payable to Bank of America This is an etectmnic reproduction of your statement and includes account information only. PrePar6df- GREGG B STUCKEY 4319 04101215 6164 October 2006 Statement CreditLine.• $14,000.00 Cash or CreditAvailab/e: Account Information Summary of Transactions Billing Cycle and Payment Information Previous Balance $13,389.66 Days in Billing Cycle 34 Payments and Credits - $0.00 Closing Date 10/24/06 Cash Advances + $0.00 Purchases and Adjustments + $39.00 Payment Due Date 11/16106 Periodic Rate Finance Charges + $408.03 Current Payment Due $580.00 Transaction Fee Finance Charges + $0.00 Past Due Amount + $2,275.65 New Balance Total $13,836.69 Total Minimum Payment Due ACCOUNT NUMBER.- 4319 04101215 6164 Posting Transaction Reference Account Purchases and Adjustments Date Date Number Number Category Amount LATE PAYMENT FEE 10/15 10/15 6164 C 39.00 Gorrespondrng Annual Balance Sa ect to Category Periodic Rate Percentage Rate Finance Charge Cash Advances A. Balance Transfers, Checks 0.088328% DLY * 32.24% $0.00 B. ATM, Bank 0.088328% DLY * 32.24% $0.00 C. Purchases 0.088328% DLY * 32.24% $10,988.41 D. Other 0.088328% DLY * 32.24% $2,598.24 Annual Percentage Rate for this Billing Period: (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) 32.24% Periodic Rate May Vary Important Information About Your Account THANK YOU FOR YOUR PAYMENT. YOUR ACCOUNT WILL NO LONGER BE SUBJECT TO THIS DEFAULT RATE UPON RECEIVING THE MINIMUM PAYMENT DUE ON-TIME FOR SIX CONSECUTIVE MONTHS WITHOUT GOING OVERLIMIT. OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE 19 0138366900285565000180000004888936079101196 BANK OF AMERICA Check here for a change of mailing address or phone number(s). Please provide all corrections on the reverse side. P.O. BOX 15726 WILMINGTON, DE 19886-5726 loll 1111111 1n11111If 11u.111 111n11n111111r,1r.111 GREGG B STUCKEY 728 ERFORD RD CAMP HILL PA 17011-1125 NEW BALANCE TOTAL: $13,836.69 PAYMENTDUEDATE.' 11/16/06 BankofAmenka Mai/Payments to: BANK OF AMERICA P.O. BOX 15726 WILMINGTON, DE 19886-5726 Mail Billing Inquiries to: BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-5026 Call toll-free 1-800-789-6701 TDD hearing-impaired 1-800-346-3178 Enter Agr•snrAma.X bx?n•ea Mail this payment coupon along with a check or money orderpayable to.-BANK OFAMERICA o_ -? N 1:5 240 2 2 2 501: 12876079 10 Li 9 611' Preparedfor.- GREGG B STUCKEY 4319 0410 1215 6164 November 2006 Statement Credit Line: $14,000.00 Cash or Credit Available: Account Information Summary of Transactions Billing Cycle and Payment Information Previous Balance $13,836.69 Days in Billing Cycle 28 Payments and Credits - $0.00 Closing Date 11/21/06 Cash Advances + $0.00 Purchases and Adjustments + $78.00 Payment Due Date 12!15!06 Periodic Rate Finance Charges + $346.53 Current Payment Due $524.00 Transaction Fee Finance Charges + $0.170 Past Due Amount + $2,855.65 Total Minimum New Balance Total $14,26122 Payment Due am Bankoffterica For Jntormation on YourAccount Visit www.bankofamerica.com Mail Payments to: BANK OF AMERICA P.O. BOX 15726 WILMINGTON, DE 19886-5726 Mail Billing Inquiries to.- BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-5026 Call toll-free 1-800-789-6685 TDD hearing-impaired 1-800-346-3178 Posting Transaction Reference Account Purchases and Adjustments Date Date Number Number Category Amount LATE FEE FOR PAYMENT DUE 11/16 11116` 11/16 3896 C 39.00 OVERLIMIT FEE (BASED 11/21 11/21 D/20 C 39.00 ON BALANCE 14,22222) YOUR ACCOUNT IS OVERLIMIT. TO AVOID AN OVERLIMIT FEE ON YOUR NEXT STATEMENT, WE MUST RECEIVE A CONFORMING PAYMENT, THAT BRINGS AND BEEPS YOUR ACCOUNT BALANCE BELOW THE CREDIT LINE, WITHIN 20 DAYS OF THE ABOVE STATEMENT CLOSING DATE, AND NOT GO OVERLIMIT AGAIN. Finance Charge Schedule Corresdoonding Annuar Baiatce Sutyect to Category Periodic Rate Percentage Rate Finance Charge Cash Advances A. Balance Transfers, Checks 0.088328% DLY * 32.24% $0.00 B. ATM, Bank 0.088328% DLY * 32.24% $0.00 C. Purchases 0.088328% DLY * 32.24% $11,341.03 D. Other 0.088328% DLY * 3224% $2,670.30 Annual Percentage Rate for this Billing Period: 32.24% (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) * Periodic Rate May Vary 19 0142612200337965000180000004888936079101196 Check here for a change of rrelNng address or phone number(s). BANK OF AMERICA Please provide all corrections on the reverse side. P.O. BOX 15726 F_ 7 Payment Information WILMINGTON, DE 19886-5726 ACCOUNTNUMBER.- 4319 0410 1215 6164 NEW BALANCE TOTAL: $14,26122 PAYMENT DUE DATE 12/15/06 GREGG B STUCKEY 728 ERFORD RD CAMP HILL PA 17011-1125 HYSPAymsntAm "bdased Mail this payment coupon along with a check or money orderpayable to. BANK OFAMERICA v w m o 1:5 240 2 2 2 50II: 128760?910&1961P PreparadoparwGREGG B STUCKEY Estado de cuenta de Diciembre 2006 Prepared for. December 2006 Statement 4319 04101215 6164 Linea de Cradito/Credit Line: $0.00 Credito Disponible/Credit Avai/ab/e.• sobre la cuenta /Acco Resumen de Transacciones unt Informat ion Informaci6n sobre Ciclos de Facturaci6n y Pagos Summary of Transactions Billing Cycle and Payment Information Balance Anterior $14,26122 Cantidad de dfas del ciclo de facturacidn 29 Previous Balance Days in Billing Cycle Pagos y Craditos - $14,26122 Fecha de Cierre 12/20/06 Payments and Credits Closing Date Adelantos de Dinero en Efectivo + $0.00 Cash Advances Fecha de Vencimiento de Pago 01/18/07 Compras y Ajustes + $0.00 Payment Due Date Purchases and Adjustments Pago Total Adeudado $0.00 Cargos por Financiamiento Current Payment Due de tasa peri6dica + $0.00 Cantidad Atrasada + $0.00 Periodic Rate Finance Charges Past Due Amount Cargos por Financiamiento Pago Minimo Total Adeudado r? por transaction + $0.00 Total Minimum Payment Due Transaction Fee Finance Charges Nuevo Balance Total $0.00 New Balance Total BankofAmerica Para infornwd6n sobre su cuenta ksda: For Information on YourAccount Visit www.bankofamerica.com Envier Ios pagers por correo a. Mail Payments to., BANK OF AMERICA P.O. BOX 15716 WILMINGTON, DE 19886-5716 En war consultas de facturaci6n porcorreo a: Mail Billing Inquiries to: BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-5026 Para preguntas idiom3ticas y Servicio al Cliente, Ilame gratis al 1-800-789-6685 Para personas con impedimentos auditivos (rDD) 1-800-346-3178 Fecha de Fecha de, NOmero de Numero de Registro Transacci6n Referencia Cuenta Pagos y Cr6ditos Posting Transaction Reference Account Categoria Cantidad Payments and Credits Date Date Number Number Category Amount CHARGE-OFF ADJUSTMENT 11/30 14,261,22 CR 19 0000000000000000000180000004888936079101196 Marque aqul pare efectuar un cambb de direcci6n postal a de BANK OF AMERICA n6mero(s)tebf6nico(s). P.O. BOX 15716 Informaci6n sob re ,.go WILMINGTON, DE 19886-5716 Payment Information ?rrr???s?rr?tr?t?n?r???rrr?r?r?rrr?rrr??r??rr?r?rr? N(IMERODECUENTA: 4319 0410 1215 6164 NUEVO BALANCE TOTAL: $0.00 FECHA DEL PAGO. 01/18/07 GREGG B STUCKEY Irgrs«v pntlCad de payo Wju'aa: 728 ERFORD RD ICIALADEUDADO CAMP HILL PA 17011-1125 s l-Iacer cheque o giro monetano pagadero a: BANK OFAMERICA r 1:5 2110 2 2 2 50II: 1 28 760 79 10 1j 1 M ?o ro m ?? A Saki err All documents identified in response hereto shall be organized and labeled to correspond with the request to which it pertains. For all documents produced, list the individual and his or her job title and department from whose files it was produced and the current custodian of said document. If a document called for is believed to exist or is known to exist, but is in the possession, custody or control of another person or party, the existence of the document, the identity of the possessor, custodian and one in control of such documents shall be provided along with any applicable common description or citation utilized by the publisher, possessor, custodian or disseminator of such document. If any document called for by this request is withheld on the basis of any claim of privilege or any similar claim, identify that document as follows: author; addressee; indicated or blind copies, date, subject matter; number of pages; attachments or appendices; all persons to whom distributed, shown or explained; present custodian; and nature of the privilege or similar claim asserted. REQUEST FOR PRODUCTION OF DOCUMENTS 1: Produce any and all documents evidencing proof of all payments on the subject credit card referenced in the Complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records, data compilations etc. REQUEST FOR PRODUCTION OF DOCUMENTS 2: Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial. REQUEST FOR ADMISSION NO. 1: Defendant applied for the credit card referenced in Plaintiff's Complaint. AdmittedIV- Denied If the answer to Request for Admissions No. I is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 2: The attached monthly statements, from November 20 2005 through December 20 2006, correctly identify the payments, charges, and balances on the account. Admitted gzk Denied If the answer to Request for Admissions No. 2 is "denied", then supply copies of canceled checks, both front and back, and/or if not available, specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 3: The last payment on the account was made on April 2 2006. Admitted Denied If the answer to Request for Admissions No. 3 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO 4• Defendant has not submitted any written dispute as to billing inaccuracy concerning the credit card in question. Admitted-_,gL Denied If the answer to the Request for Admissions No. 4 is "denied", then supply copies of specific written disputes as to any billing inaccuracies. REQUEST FOR ADMISSION NO 5• $16341.79 is a correct and accurate current balance of the credit card account in question. Admitted Denied If the answer to Request for Admissions No. 5 is "denied", then supply specific written documentation supporting the denial. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Benjam r, E quire PA I.D #93 8 WELL , WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 DEFENDANT'S VERIFICATION (please print) under penalty of perjury and subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities verify that the foregoing Responses are true and correct to the best of my knowledge, information and belief. Date SigAV ee VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for filing of this Motion, and that the facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief. Attorney for P ain 'ff CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff's Motion for Summary Judgment and Brief in Support has been served by U.S. Mail, Postage Pre-Paid, on 5? day of ?, 2009 upon the following: Gregg B Stuckey 728 Erford Road F10 Camp Hill,Pa 17011 By: Be a ibler,Esquire PA II)k 935 Weltman,Weinberg & Reis CO L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15215 ±`' ?r? ?-} r: wrs 4=-` .--? -?-??? ? 3 ?, ?`: -? ?? ?, tr,? •a w PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) (Plaintiff) Vs. (Defendant) N..02- yVq Civil ?r ? 1 1. State matter to be argued (i_e., plaintiff's motion for new trial, defendant's daTUZZer to complaint, etc.): M O?-ir GCU ?Su YYl m0 Lld l?- (I 'f?v" 1 2. Identify counsel who will argue case : (a) for plaintiff : ?cnj, mi n !J? ? s??'? try Address: 1&1o & ,(S 6/w '-13(0 -74 Ovb, (b) for defendant : 15-52-19 Address: !0 -S-e 3. I wi111 notify all parties in writing within two days that this case bas been listed for argument. 4. Argument Court Date: (y? IC?`n 1% NEW CERTIFICATE OF SERVICE A true and correct copy of the Praecipe for Listing Case for Argument has been served by U.S. Mail, Postage Pre-Paid, on, day of , 2009 upon the following: Gregg B Stuckey 728 Erford Rd Fl O Camp Hill Pa 17011 By: BBenjamin R B' squir PA1 __4B 'squir Weltman,Weinberg & Reis CO L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 CA /AL F` - OF THE ;.D`? 2099 A j13 -7 P i:l clui'/ -v - r r i ,:, t1 ,`i` FIA CARD SERVICES, N.A., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGG B. STUCKEY, DEFENDANT 08-1609 CIVIL TERM ORDER OF COURT AND NOW, this 1_0 day of September, 2009, summary judgment is entered in favor of plaintiff, FIA Card Services, N.A., against Gregg B. Stuckey, in the amount of $16,341.79. ? Benjamin R. Bibler, Esquire 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15215 ZGregg B. Stuckey, Pro se 728 Erford Road Camp Hill, PA 177011 :sal CD CCS In.at LL 4?1D f D`? By the C Edgar FILED `C OF THE Fit 1-1 =?1N,OTARY 2009 SEP 10 Ph 3: 2b cum 6- PE-N o"i, LO N! r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES NA Plaintiff Case No.: 08-1609 CIVIL TERM TYPE OF PLEADING vs. GREGG B STUCKEY Defendants. PRAECIPE FOR JUDGMENT PER ORDER OF COURT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 5981611 110% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES NA Plaintiff vs. GREGG B STUCKEY Defendant. TO THE PROTHONOTARY: Case No.: 08-1609 CIVIL TERM PRAECIPE FOR JUDGMENT Pursuant to Pa.R.C.P. 237, I certify that a copy of this Praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. In light of the Court Order granting Judgment in favor of Plaintiff on Septmber 10 2009, kindly enter Judgment against the Defendants, Gregg B Stuckey, in the amount of $16,341.79 computed as follows: Amount Awarded per Order: $16,341.79 Interest from Date of Judgment at the legal rate of 0% per annum: TOTAL: $16,341.79 Attached is a copy of the Court Order in favor of Plaintiff for Judgment. WELTMAN?WEINBERG & REIS, CO., L.P.A. By: _ Benja i 1 E ire PA I.D. 93 8 WEL , WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Plaintiff s address is: Weltman, Weinberg & Reis, 1400 Koppers Building, 436 7`s Avenue, Pittsburgh, PA 15219 And Defendant's address is: 728 Erford Rd Fl O Camp Hill Pa 17011 WWR No. 5981611 FIA CARD SERVICES, N.A., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGG B. STUCKEY, DEFENDANT 08-1609 CIVIL TERM ORDER OF COURT AND NOW, this to day of September, 2009, summary judgment is entered in favor of plaintiff, FIA Card Services, N.A., against Gregg B. Stuckey, in the amount of $16,341.79. Benjamin R. Bibler, Esquire 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15215 Gregg B. Stuckey, Pro se 728 Erford Road Camp Hill, PA 177011 :sal FILM- '':M 29 OC ( 22 Fri 2= E #i#+. oo Pb ATr{ e+? 8gI 8711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES NA Plaintiff Case No.: 08-1609 CIVIL TERM Vs. GREGG B STUCKEY Defendant. NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendants ( ) Garnishee You are hereby notified that the ollowing Order or Judgment was entered against you on p (xx) Assumpsit Judgment in the amount of $16,341.79, plus interest at 6% per annum, 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 (xx) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award ( ) By Consent Gregg B Stuckey Prothonotary 728 Erford Rd 171 0 Camp Hill Pa 17011 By: S ?.8 PRO NOTARY (OR DEPUTY) p/G? WWR No. 5981611 -W 6 LED - C-" 2010 MAY 18 PM 1: 63 PENNSAW NA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, N.A. Plaintiff VS. GREGG B STUCKEY Defendant(s) No. 08-1609-CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA I.D. # 205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5981611 TIC 6 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, N.A. Plaintiff vs. Civil Action No. 08-1609-CIVIL TERM GREGG B STUCKEY Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff you are directed to satisfy the above-captioned Judgment. WELTM,?N, WEINBERG & REIS CO., L.P.A. By: Lyndsay Rowland, E uire PA I.D. # 05520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7999 WWR #5981611 Sworn to and subscribed before me this day of Mays, 10 TARY PUBLIC COMMC 'LALI N Ur rci' L Notarial Seal Sheila G. ?evar,, a iotaiy rub"u City Of Pittsburgh, Aiiegneriy County My Commission Expires Nov. 15, 20"10 Member, Pennsylvania Association ut Notaries *S.oo Po ATrY e 45? 8975 e Aq;u 7