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Home My WebLink About09-0428IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES NA Plaintiff vs. JOSEPH W CRAMER Defendant No. lA - 4J18 Q'-wic-irs, COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, P.A.I.D.# 42524 Weltman,Weinberg & Reis Co.,L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412)434-7955 Fax: 412-338-7130 WWR#6270325 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES NA Plaintiff vs. Civil Action No. JOSEPH W CRAMER Defendant COMPLAINT IN CIVIL ACTION 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices in 2727 PACES FERRY RD,#1400 ATLANTA, GA 30339-0000 2. Defendant is an adult individual residing at 1909 RITNER HWY CARLISLE,PA 17013. 3. Defendant applied for and received a credit card issued by Bank of America bearing the account number 1867. 4. Contract was subsequently assigned to Plaintiff. 5. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of NOVEMBER 24 2008, in the amount of $19,892.92. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 6. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 7. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of®.00% per annum on the unpaid balance. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, JOSEPH W CRAMER individually, in the amount of $19,892.92 with continuing finance charges thereon at the rate of 0.00% per annum from NOVEMBER 24 2008 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. V? rodt, P.A.I.D.# 4 524 Weltman, ein erg & Reis Co .,L.P.A. 436 Seve th venue. Suite 1400 Pittsbur , P 15219 (412)4)4;7955 Fax: 4 -338-7130 WWR#:6270325 Prederedfor JOSEPH W CRAMER 4319 0410 1909 0036 Summary of Transactions Previous Balance $16,381.15 Payments and Credits - $0.00 Cash Advances + $0.00 Purchases and Adjustments + $39.00 Periodic Rate Finance Charges + $425.04 Transaction Fee Finance Charges + $0.00 New Balance Total $16,845.19 April 2007 Statement Credit Line: $14,500.00 Cash or CreditAvailable: Billing Cycle and Payment Information Days in Billing Cycle 29 Closing Date 04/21/07 Payment Due Date 05/17/07 Current Payment Due $627.00 Past Due Amount + $3,361.34 Total Minimum Payment Due BankofAmerica Mail Payments la- BANK OF AMERICA P.O. BOX 15726 WILMINGTON, DE 19886-5726 Mail BDliny /nquines to. BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-5026 Call toll-free 1-800-626-2556 TDD hearing-impaired 1-800-346-3178 pill iii ill ilpi Posting Transaction Reference Account Purchases and Adjustments Date Date Number Number Category Amount LATE FEE FOR PAYMENT DUE 04/16 04/16 04/16 6381 C 39.00 Conesoonding Annuaf Balance Subyect to Category Periodic Rate Percentage Rate Finance Charge Cash Advances A. Balance Transfers, Checks 0.088328% DLY * 32.24% $869.70 B. ATM, Bank 0.088328% DLY * 32.24% $192.62 C. Purchases 0.088328% DLY * 3224% $388.81 D. Other 0.088328% DLY * 3224% $1514229 Annual Percentage Rate for this Billing Period: 32.24% (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) * Periodic Rate May Vary iFPR6rtant Information About Your Account OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS TO HELP YOU BRING YOUR ACCOUNT BALANCE UNDER THE CREDIT LIMIT, WE HAVE BEGUN TO WAIVE YOUR OVERLIMIT FEE. ONCE YOUR BALANCE IS UNDERLIMIT, THE FEE WILL BE REINSTATED IF THE ACCOUNT AGAIN EXCEEDS THE CREDIT LIMIT. 19 0168451900398834000131000004800113088618702 BANK OF AMERICA Check here for a change of rralling address or phone number(s). Please provide al corrections on the reverse aide. P.O. BOX 15726 Payment Information WILMINGTON, DE 19886-5726 ACCOUNTNUMBER.• 43190410 1909 0036 NEWBALANCETOTAL: $16,845.19 PAYMENT DUE DATE.• 05117/07 JOSEPH W CRAMER°A°"°'w ?°°•"`b`""`•" 1909 RITNER HWY CARLISLE PA 17013-9310 Mail this payment coupon along with a check or money orderpayable to: BANK OF AMERICA v m m 1: 5 2 40 2 2 2 501: 12 5 6 30886 L8 70 20 111POR7ANT/N1FOR1MATfONABOUT TNISACCOUNT USE111 Rev. 09/06 GRACE PERIOD Categories C and D - Average Daily Balance Method (including new transactions): "Grace Period" means the period of time during a billing cycle when you will not We calculate separate Balances Subject to Finance Charge for Category C balances and accrue Periodic Rate Finance Charges on certain transactions or balances. There is no Category D balances. We do this by. (1) calc ulati% a daily balance for each day in the Grace Period for Category A or B Cash Advances. If you pay in full this statement's New billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of Balance Total by its Payment Due Date and if you paid in full this statement's Previous the daily balances by the number of days in the billing cycle. Balance in this statement's billing cycle, then you will have a Grace Period during the To calculate the daily balance for each day in this statement's bilh%cycle, we take the billing cycle that began the day after this statement's Closing Date on the Category C beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by or D portions of this statement's New Balance Total. the previous day's daily balance, add new transactions, new Account Fees, and new During a 0% promotional APR period: l) no Periodic Rate Finance Charges accrue Transaction Fees, and subtract applicable payments and credits. If any daily balance is less on balance categories with the 0%a promotional APR; and 2) you must pay the Total than zero we treat it as zero. If the Previous Balance shown on this statement was paid in full Minimum Payment Due by its Payment Due Date (and avoid any other "promotion in this statement's billing cycle, then on the day after that payment in full date, we exclude turn-off event" as defined in your Credit Card Agreement) to maintain the 0% from the beginning balance new transactions, new Account Fees, and new Transaction Fees promotional APR. which posted on or before that payment in full date, and we do not add new transactions, " If a corresponding Annual Percentage Rate in the Finance Charge Schedule on new Account Fees, or new Transaction Fees which post after that payment in full date. the front of this statement contains a ""'" symbol, then with respect to those balance We include the costs for the Credit Protection plan or for credit insurance categories: 1) the 0% promotional APR for each of the balance categories will expire as purchased through us in calculating the beginning balance for the first day of the billing of the end of the next billing cycle; and 2) you must pay this statement's New Balance cycle after the billing cycle in which such costs are billed Total by its Payment Due Date to avoid Periodic Rate Finance Charges after the end of TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION the 0% promotional APR period on those balances existing as of the Closing Date of Periodic Rate Finance Charges accrue and are compounded on a daily basis. To this statement. determine the Periodic Rate Finance Charge for each category, we multiply the Balance CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Subject to Finance Charge by its applicable Daily Periodic Rate and that result by the Categories A and B - Average Balance Method (including new Cash Advances): We number of days in the billing cycle. To determine the total Periodic Rate Finance Charge calculate separate Balances Subject to Finance Charge for Category A balances and for the billing cycle, we add the Periodic Rate Finance Charges for each category Category B balances. We do this by: (1) calculating a daily balance for each day in this together. Each Daily Periodic Rate is calculated by dividing its corresponding Annual statement's billing cycle; (2) calculating a daily balance for each day prior to this Percentage Rate by 365. statement's billing cycle that had a "Pre-Cycle Cash Advance" balance, which is a Cash HOW WE ALLOCATE YOUR PAYMENTS Advance with a transaction date prior to this statement's billing cycle but with a posting We will allocate your payments in the [Wanner we determine. In most instances, date within this statement's billing cycle; (3) adding all the daily balances together; and we will allocate your payments to balances (including transactions made after this (4) dividing the sum of the daily balances by the number of days in this statement's statement) with lower APRs before balances with higher APRs. This will result in billing cycle. balances with lower APRs (such as new balances with promotional APR offers) being To calculate the daily balance for each day in this statement's billing cycle, we take paid before any other existing balances. the be inning balance, add an amount equal to the applicable Daily Periodic Rate Payment Due Dates and Keeping Your ACCO1111t in Good Standing multiplied b the previous day's daily balance, add new Cash Advances and Transaction Your Payment Due Date will not fall on the same day each month. In order to help Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. maintain any promotional rates, to avoid the imposition of Default Rates (if applicable), To calculate a daily balance for each day prior to this statement's billing cycle that to avoid late tees, and to avoid overlimit fees, we must receive at least the Total had a Pre-Cycle Cash Advance balance, take the b Minimum Payment Due by its Payment Due Date each billing cycle and you must solely to Pre-Cycle Cash Advances (which will be zero on the beginning balance transaction n date of ate of to the first maintain your account balance below your Credit Limit each day. Pre-Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Rate MISCELLANEOUS multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle For the complete terms and conditions of your account, consult your Account Cash Advances, and their related Transaction Fees. We exclude from this calculation all Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is transactions posted in previous billing cycles. issued and administered by FIA Card Services, N.A. CUSTOMER STATEMENT OF DISPUTED fTEIM - Please call toll free 1-866-266-0212 Monday-Thursday 8am-9pm (Eastern Time) and Friday gam-7pm (Eastern Time). For prompt service please have the merchant reference number(s) available for the charge(s) in question. PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT Choose only one dispute reason. Your Name: Account Number: Transaction Date: Posting Date: Reference Number: Amount $: Disputed Amount $: Merchant Name:. _ Q 1. The amount of the charge was increased from $ t o$ or my sales Q 8.1 notified the merchant on (MMIDDYY) to cancel the pre-authorized order slip was added incorrectly. Enclosed is a copy of a sales ' showsamcunc (reservation). Please notetxt_ation # aR i?available, enclose a copy of your contract and a Q 2.1 terrify that the chatW listed above was not made by me or a person authorized by me to use myp card nor copy of your telephone bill shaving dace and time of cancellation. Reason for cancellation/ca cancellation #: were the gocxls or services represented by the transaction received by me or a person authorzed trY me. Q 3.1 have not received the merchandise that was to be shipped to me on _/_! ()vLb4/DDNY). Q 9. Alttwttglt I did engage in the above 1 have contacted the merchant for credit The services to be I have asked the merchant to credit my account provided on were not received or were unsatisfactory. Attach a letter Q 4.1 was issued a credit slip that was not shown on my statement A copy of my credit slip is enclosed. describing the services expa?y6m attempts to resolve with the merchant and a copy of your contract. The merchant has up to 30 days to credit your account Q 10.1 certify that I do not recognize the transaction. Merchants often provide «kPoone numbers next to their Q 5. Merchandise that was me has arrived [lama&e?dd and/or defective I retuned it on name on your billing statement Pkase attempt to contact the merchant for information _(M shipped to NY) and asked the madunt to credit my attune Attach a letter describing Q 11. If your dispute is for a different reason, please contact re at the above telephone number Q 6. Although I did renuta.If Q 7.1 certify d I did not; was damaged and/or defective a : in the above transaction, l have to return was a ? transaction, acfion. Sale #1$ -- tepxwfofretum merchant; returned the merchandise Signature (required): Date: r did not receive this credit or it was Best contact telephone Home#: fraW witha copy of die proof of Billing rights are only preserved by written inquiry. To preserve your billing rights, please return a posted twice to my statement copy of this form and anyy support"ng information r?rrddm the merchant charge in question to: 5026, Whrair"gtoi bE 1985, 5026, USA Reference # Attn: Billing Inquiries, P.O. Box 1M0' PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATE,\IENT.. Payments We credit payments as of the date received, if the payment is 1) received by 5 p.m. (Eastern Time), 2) received at the address shown in the bottom left-hand corner of the front of this statement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order, and 4) sent in the enclosed return envelope with only the bottom portion of this statement accompanying it. Payments received after 5 p.m. on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. Credit for any other payments may be delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks elearonically by using the information found on your check. Each check authorizes us to create crone-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your pa ment. Checks aze not returned to you For more information or to stop the electronic finds transfers, call us at the number listed on the front. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us at least three business days before the automatic payment is scheduled to occur. B our billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1 Address 2 City State zip Area Code & Home Phone Area Code & Work Phone 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., .t'?nNO.r (Name) of ?a.?lc a /9,rs?e. , 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) ? w ? Q ? VV-b R I CyA9,s . ?a:•?OTARy•.y s i •. ' WWR#6270325 AUBL,G cG•., 'O, plc'' • • ... • N J ?®o, '%-'2,9D costo."', O ? 00 b t l a :y : ? 6) CASE NO: 2009-00428 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIA CARD SERVICES NA VS CRAMER JOSEPH W ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CRAMER JOSEPH W the DEFENDANT , at 2020:00 HOURS, on the 30th day of January , 2009 at 1909 RITNER HWY CARLISLE, PA 17013 by handing to LESLIE HURLEY, MANAGER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.50 ?-r- . Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.50 02/02/2009 WELTMAN WEINBERG REIS Sworn and Subscibed to 13 before me this day Deputy Sheriff of A.D. maw IV" -rr rlf :.: r rrt -nFq cc' ? c7+ -; V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, N.A Plaintiff vs. JOSEPH W CRAMER Defendant No. 09-428 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, P.A.I.D.# 42524 Weltman,Weinberg & Reis Co.,L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412)434-7955 Fax: 412-338-7130 WWR#6270325 Judgment Amount $ 19892.92 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. I- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, N.A Plaintiff vs. Civil Action No. 09-428 CIVIL TERM JOSEPH W CRAMER Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, JOSEPH W CRAM. ER above named, in the default of an Answer, in the amount of $19892.92 computed as follows: Amount claimed in Complaint $19892.92 Interest from 11/24/08 TO 3/26/09 at the legal interest rate of 0.00% per annum $ TOTAL $19892.92 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: _ James C. Wa rodt, P.A.I.D.# 'e 2 Weltman, erg & Reis Co.,L.P.A. 436 Seve th venue, Suite 1400 Pittsbur , A 15219 (412)4 4- 955 Fax:4 -338-7130 WWR#6270325 Plaintiffs address is: ob Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7d' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 1909 RITNER HWY CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, N.A. Plaintiff VS. JOSEPH W CRAMER Defendant TO: JOSEPH W CRAMER 1909 RITNER HWY CARLISLE, PA 17013 Date of Notice: {1Q? Case No. 09-428 CML TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT 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 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Ma ew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 6270325 A PIT SMI Request for Military Status Department of Defense Manpower Data Center Q0 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 MAR-26-2009 05:26:57 < Last Name First/Middle Begin Date Active Duty Status Service/Agency CRAMER JOSEPH Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. pt. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/fag./pis/PC09SLDR.htrnl WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/26/2009 µ ' I r IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, N.A Plaintiff vs. JOSEPH W CRAMER Case no: 09-428 CIVIL TERM NON-MILITARY AFFIDAVIT Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, JOSEPH W CRAMER is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, JOSEPH W CRAMER is not in the military service. Further Affiant sayeth naught. AFFIANT SW?N TO AND SUBS JiqD5? n my presence this d7 day of L16c11' . COMMONWEALTH OF PENNSYLVANIA IC Noteriei Seas Heidi j. Keay, Notary Pubic City Of pith, A1100 May CW* My Oommlaim E*M Nov. 4,20W Member, Penra"nis Are001etbn a WW__ This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. FrLf:LI4. Pseu"cc OF THE P ? I-NOTAFY 2099 APR -6 PM 3: 13 ... _ .. i•, 1 I PEINNS`( 4fA A $14. oo PO A YTV Wt -3qrl'Tqqol e aa33a l . m. A. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, N.A Plaintiff vs. JOSEPH W CRAMER Defendant Civil Action No. 09-428 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or u ,gment was entered against you on (xx) Assumpsit Judgment in the amount of $19892.92 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PR ONO R PUTY) JOSEPH W CRAMER 1909 RITNER HWY CA%L1SLE,PA 17013 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219 I-S88-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DNISION FIA CARD tNICES, NA Plaintiff vs. JOSEPH W CRAMER Defendant No. 09-428 CNIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLI~ FULTON BANK and. FIRST NATIONAL.BANK OF MARYSVILLE, Garnishee, FILED ON BEHALF OF Plaintiff . COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#06270325 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, NA Plaintiff vs. ;c~er ~~° 3 Civil Action No. 09-428 CIVIL TERM p lq~q ~;9~e• P JOSEPH W CRAMER ~ r pk. f1n s ~~gP~ ~~p50 Defendant' ~11ver S ~~~M~" C m ~ FULTON BANK and -•~~-, y., .., ~ FIRST NATIONAL BANK OF MARYSVILLE, -ap~Ip (30OC{ HD~(3 Rd ~"~ ` ~' ~~ Enola. PA I~ oa5 `. ~ -- Garnishee r-'i';; ~~t~ PRAECIPE FOR WRIT OF EXECUTION 3~ ~- ; ~ ~. TO THE PROTHONOTARY: ~ .r. Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against JOSEPH W CRAMER, Defendant 3. against FULTON BANK and FIRST NATIONAL BANK, Garnishee 4. Judgment Amount $ 19,892.92 Costs $ SUBTOTAL: $ 19,892.92 Costs (to be added by Prothonotary}: s ~~ .5p P.D ~iTr1 3oZ. So CBF 78.E ,~ I~k• oo a so " 15a.oo - PD ATt"/ ~a.~ ~~ so w c~~ ~{aa4~( ~,~' ~~o ~a~{ t~r~~--aQ ~ ~1~-~Q. WELTMAN, WE RG &REIS CO., L.P.A. By. Matthew D. Urban, Esquire PA LD. #90963 WELTMAN, WEINBERG &REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (41.2~-~#34-7~5 ~_ ~ _ `;.~ r~Y .i.._ ... 2CI0 tri' 27 QM 3:,~~ ~ ~ R P('\J IIV THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSlYLVANIA CNIL DIVISION FIA CAR SERVICES, NA Plaintiff vs. JOSEPH W CRAMER Defendant No. 09-428 CIVIL, TERM PRAECIPE FOR JUDGMENT AGAINST GARNISHEE FIRST NATIONAL BANK OF MARYSVILLE ONLY FULTON BANK and FIRST NATIONAL BANK OF MARYSVILLE Garnishee FILED ON BEHALF OF .Plaintiff COUNSEL OF RECORD OF THIS PARTY: MATTHEW D. URBAN, ESQUIRE PA I.D.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412}434-7955 W WR#06270325 $ I~{: oo P p a77y ~ir901'~ 3~5 ~lo~-~e,~,l~,i~ I,~~ 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, DNISION FIA CAR SERVICES, NA Plaintiff vs. JOSEPH W CRAMER Defendant FULTON BANK and FIRST NATIONAL BANK OF MARYSVILLE Garnishee Civil Action No. 09-428 CIVIL TERM PRAECIPE FOR JUDGMENT AGAINST GARNISHEE FII2ST NATIONAL BANK OF MARYSVILLE ONLY TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, FIRST NATIONAL BANK OF MARYSVILLE, in the amount of $5,886.96, which is less than Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to Interrogatories. WELTMAN, ERG & REIS CO., L.P.A. By: MATTHEW D. URBAN, ESQUIRE PA LD.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#06270325 I hereby certify that the address of the Plaintiff is: c/o Welt~nan; Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: ONE CENTRE SQUARE PO BOX B MARYSVILLE, PA 17053 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION FIA CAR SERVICES, NA Plaintiff vs. JOSEPH W CRAIvIER Defendant FULTON BANK and FIRST NATIONAL BANK OF 1VIARYSVILLE Garnishee Civil Action No. 09-428 CNIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff ( )Defendant (xx) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $5,886.96 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award First Nationa Lbank Of Marysville One Centre Square Po Box B Marysville, Pa 17053 Attn: Melinda Aungst Prothonotary By: P OTHONOTARY (OR DEPUTY) MAIN OFFICE One Centre Square • P.O. Box B • Marysville, PA 17053 • Phone: 717-957-2196 • Fax: 717-957-4578 May 5, 2010 Matthew D. Urban, Esquire Weltman, Weinberg & Reis Co, LPA 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 RE: Joseph W. Cramer, Defendant Cumberland County Court of Common Pleas Writ No. 09-428 Attorney Urban, Enclosed please find the Answers to Interrogatories in the matter listed above. These have, on this date, been sent to the Cumberland County Prothonotary's Office to be admitted to record. If you have any questions, please feel free to call me. Sincerely, Melinda E. A gst Asst. VP of Operations Enc. First National Bank of Marysville a division of Riverview National Bank 200 Front Street Marysville, PA 17053 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA FIA Card Services, N.A. Writ No. 09-428 vs. Joseph W. Cramer, Defendant & Fulton Bank and First National Bank of Marysville, Garnishees ANSWERS TO INTERROGATORIES BY GARNISHEE 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? ANSWER: YES DEFENDANT HAS A CHECKING ACCOUNT #417793 BALANCE $6,186.96. l.a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. ANSWER: DEFENDANT HAS A CHECKING ACCOUNT #417793 BALANCE $6,186.96. 2. At the time you were served or at any subsequent time, was there in your 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? ANSWER: YES DEFENDANT HAS A CHECKING ACCOUNT #417793 BALANCE $6,186.96. 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? ANSWER: NO 4. At the time you were served or at any subsequent time, did you hold as fiduciary any property in which defendant had an interest? ANSWER: NO 5. At any time before or after you were served, did the defendant 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 thereof? ANSWER: NO 6. At the time after you were served, did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? ANSWER: NO 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. ANSWER: NO 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. ANSWER: NO 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. ANSWER: Apri128, 2010 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. ANSWER: Apri128, 2010 11. If the answer to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not 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? ANSWER: N/A 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non- exempt funds on deposit in the account. ANSWER: N/A Dated: May 5, 2010 First National Bank of Marysville By: Mel da E. gst Asst. V.P. o Operations ;,,;.~, k c _ __i~~i; V ! 1 ~~ ~1 ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, NA Plaintiff vs. JOSEPH W CRAMER Defendant No. 09-428 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE AS TO THE GARNISHEE FULTON BANK ONLY FILED ON BEHALF OF Plaintiff FULTON BANK and FIRST NATIONAL BANK OF MARYSVILLE Garnishees COUNSEL OF RECORD OF THIS PARTY: MATTHEW D. URBAN, Esquire PA. I.D.#90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06270325 -~8 • oo P JD A~rT-•/ C# ~lSR~iot~ ~,~ ~4aer~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, NA Plaintiff vs. JOSEPH W CRAMER Civil Action No. 09-428 CIVIL TERM Defendant PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE AS TO THE GARNISHEE FULTON BANK ONLY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR; Settle, Discontinue and End the above-captioned matter as to FULTON BANK only, upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, ERG & REIS CO., L.P.A. Y~ Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06270325 SWORN TO AND SUBSCRIBED r ~ ~` before me this ~ ~ day COMMONWEALTH OF PENNSYLVANIA of ~./~~ I , 2010 Notarial seal Wendy L. Gault, Notary Public Clty of Pittsburgh, Allephany County __ My Commission Expiros July 15, 2010 NOTAR UBL{ tutember, PennsylvaniaAsaociationo{Notaries ~~10 J~~~ 2~ ~~~ 3:.~ti~ t'~1'L.) ~ VVV+++ ~„~ Pr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, DNISION FIA CARD SERVICES, NA Plaintiff No. 09-428 CNIL, TERM vs. PRAECIPE FOR SATISFACTION OF JUDGMENT AS TO THE GARNISHEE FIRST NATIONAL BANK ONLY JOSEPH W CRAMER Defendant FULTON BANK and FIRST NATIONAL BANK Garnishee FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: MATTHEW D. URBAN, Esquire PA. I.D.#90963 WELTMAN, WEINBERG ~c REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#06270325 ~~ ~/'~O ~(,( ~lr.~~ ~~~~- ~~3 ~.~ ~~ ~~y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, NA Plaintiff vs. JOSEPH W CRAMER Defendant FULTON BANK. and FIRST NATIONAL BANK Garnishee Civil Action No. 09-428 CIVIL TERM PRAECIl'E FOR SATISFACTION OF JUDGMENT AS TO THE GARNISHEE ,FIRST NATIONAL BANK, ONLY TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above captioned matter upon the records of the Court and mark the cost paid. as to Garnishee, FIRST NATIONAL BANK, only. Sworn to and subsc~~bed Before the th Lj Day of , 2010 WELTMAN, WRG & REIS CO., L.P.A. By,/ MATTHEW D. RBAN, Esquire PA. LD.#90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#06270325 C:JE~§MONWEALTH OF PENNS~fLVANIA Y PI) ; Notarial Seal 3 V~.tayne A. Jones, Notary Public Ciy of Pittsburgh, Allegheny County 1Ay Co;nmission I_xplres June 29, 2010 ,pw,ryF P.~~r~suptrnnia Association of Notaries Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~~~i~ of ~a~tibc~r/~r~4 ~~ r~ ~LFi~.~~ O~~t IGp/~: 2~if0D~'-3 ~Pc1l~= ~ I"~,1~~~3ECL~~„~D ~,lli.~i~ ~ ..a~ FIA Card Services vs. Joseph R Cramer ise Number 2009-428 SHERIFF'S RETURN OF SERVICE 04/28/2010 09:04 AM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, st 28, 2010 at 0904 hours, attached as herein commanded all goods, chattels, rights, debt monies of the within named defendant, to wit: Joseph W. Cramer, in the hands, posses: the within named garnishee, Fulton Bank, 6520 Carlisle Pike, Ste 600, Mechanicsburg, County, Pennsylvania 17050, by handing to Jody Lewis, Branch Manager, personally th interrogatories together with three true and attested copies of the writ of execution and r there of known to her. 04/28/2010 02:20 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, ; 28, 2010 at 1420 hours, attached as herein commanded all goods, chattels, rights, dek monies of the within named defendant, to wit: Joseph W. Cramer, in the hands, posse; the within named garnishee, First National Bank of Marysville, 2040 Good Hope Road, County, Pennsylvania 17025, by handing to Bonnie Durbec, Assistant Manager, perso interrogatories together with three true and attested copies of the writ of execution and there of known to her. The writ of execution and notice fo defendant was mailed on May 3, 2010 to Joseph W Ritner Hwy, Carlisle, PA 17013. 11/02!2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $154.92 November 02, 2010 SO ANSWERS, is RON R ANDERS N, SHERIFF Sharon R.~L~nt tc CounfyS~ite Sherff. Te;eo,=,ofL. tr;c. sa ~~- Pte. ~sb~~ I es that on April credits, and n, or control of timberland e copies of rde the contents 's that on April credits, and n, or control of ola, Cumberlanc y three copies of ide the contents er, 1909 .. ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-428 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIA CARD SERVICES, N.A., Plaintiff (s) From JOSEPH W. CRAMER, 1909 Ritner Hwy, Carlisle, PA 17013 (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, Silver Springs Common, 6520 Carlisle Pike, Mechancisburg, PA 17050 ~~ FIRST NATIONAL BANK OF MARYSVILLE, 2040 Good Hope Rd, Enola, PA 17025; and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enj I fined from paying any debt to or for the account of the defendant (s) and from delivering any property of th~ 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'~dded as a garnishee and is enjoined as above stated. Amount Due $19,892.92 L.L. $.50 Interest I Atty's Comm % Due Prothy $2.00 !~ Atty Paid 5152.00 Other Costs Plaintiff Paid Date; 4/19/10 . Buell Prot onota ~ r7' (Seal) BY~ - - Deputy REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE I ' Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE ~ PITTSBURGH, PA 15219 ~~ Attorney for: PLAINTIFF ; Telephone: 412-434-7955 Supreme Court ID No. 90963