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HomeMy WebLinkAbout04-5054 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION CACV OF COLORADO LLC Plaintiff No. 04 - 50sy C;u~Cl EI1..nJ vs. COMPLAINT IN CNIL ACTION CRAIG E SMILEY Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA LD. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03367234 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO LLC Plainti ff vs. Civil Action No. () ,/_ ~ 5'1 Ce;J. Iv- CRAIG E SMILEY 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 COMPLAINT J. Plaintiff is a corporation with offices in Denver, CO 80202. 2. Defendant is residing at 306 1/2 S. Front Street, Lemoyne, PA 17043. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 5431430113988437. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of August 12, 2003, in the amount of $5,555.50. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "J" and made a part hereof. 5. Defendant is in default of the tems of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition offinance charges at the rate of25.99% per annum on the unpaid balance. 7. 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, Craig E. Smiley individually, in the amount of $5,555.50 with continuing finance charges thereon at the rate of25.99% per annum from August 12,2003 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & RBIS, CO., L.P.A. Wiltf{(2:~ PA J.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:03367234 Page: Please indicate Name, or address Telephone changes Ho_ ( ) Work S431 4301 1398 8437 09/0S/2003 707.00 MDaNtlMI NEW PAYMENT I BALANCE 1975.S0 SSSS.50 .l\M01lNT OF I $ PAYMENT ENCLOSED j ACCOUNT NUMIlIlR PAYMENT DUE DATE PAST DUE AMOllN'l' 1297 4300 ZLO F X 1 7 07 CRAIG E 306 1/2 LEMOYNE SMILEY S FRONT ST PA 17043-1338 ACCOllN'l' NUMIlIlR CREDIT CREDIT DAYS IN J BILL PAYME~ MINIMtlM LINE AVAJ:LABLE ILLING CYC DATE DUE DATE AYMENT DUE - , S431 4301 1398 8437 4411 32 08/11/2003 """"" 1975.S0 DATE OF S POST REFERENCE NUMIlIlR DESCRIPTION OF TRANSACTIONS .l\M01lNT .... FINANCE CHARGE CURRENT PURCHASE 1 12.86 ~Xkb; ~ 'Iill - PREVIOUS NEW PURCHASES DEBIT FINANCE OVERLINE NEW BALANCE PAYMENTS CREDITS AND ADVANCES ADJUSTMENTS CHARGE AMOUNT BALANCE 5361. 80 .00 .00 .00 70.00 193.70 1144.S0 5555.50 ~ AN AMOUNT FOLLOWED BY A MINOS SIGN(-) IS A CREDIT OR A CREDIT BALANCE UNLESS O'l'HERWISE INDICATED C~~C8S p~Er ~~ I P~f:~:=s I PER~RATESI 0860.41 1.07121 % 2S.99 % l 25.99 % YOU KAY AVOID ADDITIONAL FINANCE CJf.ARGBS ON PURCHASBS IE' YOU PAY THIS Al<<>UNT BY THE DUE PATE TY~S OF CREDIT TO WHICH RATES APPLY PURCHASES ADVANCES __ $ 1404.16 L 5nm INQUIRIES TO P.O. BOX 15583 Wilmington DE 19886-1194 IF YOU TELEPHONE YOUR INQUIRY, YOU DO NOT PRESERVE' YOUR RIGHTS UNDER FEDERAL LAW. CUSTOMER SERVICR TELEPHONE NUMBER'S: 800-334-6350, 800-545-0464 TO REPORT LOST/STOLEN CARDS, TOLL FREE 800-334-6350 ANY'l'DfE FRCN ALL 50 STATES, PUERTO RICO, AND THE U.S. VIRGIN ISLANDS. YOU ARE NO'1' REQUIRED TO PAY ANY SPEC~FIC Al<<XJNT YOU HAVE PROPERLY REPORTED TO US AS DISPUTEO PENDING OUR :CW:PLIANCE WITH APPLICABLE LAW. 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 ?eJ-.er L;). 'g,f""OOtL (NAME) A,^"~n'2.e..J p,..<i!..~ (TITLE) of CAc..v D ~ Cou:>at. o-=> I LLc... , plaintiff herein, that (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. ~ ~ -- ~ (SIGNATURE) 03367234 Cf<1luJ ()~ f.! \ iC;} Crt *- en r'_l ("., (-_l - -il ..... ~ CI1 8 ':-" ~ ~ 0 "-, -C: I ~ - r "-'\ -<: ...0 -..c:. ~ --- .~, , 1 ~ "'! C ANSWER TO COMPLAINT NO 04-5054 1. UNKNOWN BY DEFENDANT. 2. ADMITTED 3. DENIED 4. DENIED 5. DENIED 6. DENIED 7. DENIED Wherefore Defendant requests judgment in defendant's favor asking said complaint to be denied, and judgment in defendant's favor be granted. Because defendant has never entered into any agreement concerning any money or otherwise with said stated plaintiff SIG/J' t ,n ~cYA~, ~ ---/ ~" c~ E. SMILEY 7Il-7b79~F:~ c./"; ; .,' (..'1 """ c.::--,') -.:::..-::> ..1';'- 2i --:.:.:: () -11 0", ;:t:;1l :11: ~::;1 !fRlJfO ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO LLC vs. No. QI.j -S'O~1 C?iol..'-r-~ COMPLAINT IN CIVIL ACTION Plaintiff CRAIG E SMILEY Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire P A I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03367234 7'~~ H: po ;,.,,,..,\.~ ._,.. . . , .~' """ \,.......' f- I l.: ~ .r ".~. 5 ":':: ....- ,"....... h1 Of' ',.,1 1ft ._,.~ . _ s ... ~ "-j',,,,.'04 f.. t.... 'It \..."..... , .~ ) ~:;;')..'..j~'~;H:i \'.'it;Jr~f I ~~r"" h~'f"" .-,...... ."'" .~" ~~. _. l ~,.....1;l:~,~~.",~:".t.('~: \~~:",l ..li,:..I ijJ.ij .;v~~s ~! ';:"1'0 ::.t~_"_--+ ..f. ~'i, ,. ,,,,..It, 'f' , )1~ - ......~.. a1 L"".' .," I':J ,..'-' ~'A...:,..t~t ,. \1;,.). '1:''1 I;: ~'~ -- - ~""" u P ':7'n_ · 5' - . ~ :~"AAj9~ :-1"\~~~<''"i\'''' Jlralo...ry" .. ~-':'id".'H:h."': . " ..1.4 . ....'. '. _ ;1.......... .,;.1.' "..1(........:.. ...~,....~........ .......... ..........".__._ COMPLAINT 1. Plaintiff is a corporation with offices in Denver, CO 80202. 2. Defendant is residing at 306 1/2 S. Front Street, Lemoyne, P A 17043. -3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 5431430113988437. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of August 12, 2003, in the amount of $5,555.50. A true and correct copy of Plaintiffs Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiffthereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of25.99% per annum on the unpaid balance. 7. 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 thereofto Plaintiff. SHERIFF'S RETURN - REGULAR CASE NO: 2004-05054 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS SMILEY CRAIG E VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMILEY CRAIG E the DEFENDANT , at 1615:00 HOURS, on the 27th day of October 2004 at 306 1/2 S FRONT STREET LEMOYNE, PA 17043 by handing to CRAIG E. SMILEY 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: Docketing Service Affidavit Surcharge 18.00 23.68 .00 10.00 .00 51.68 So Answers: ,__.<~~:!"'"/2/:.//~,_._-<" / y ~ _,/." .<>::,-~"...".<,,~, --""- /1' ~ R. Thomas Kline Sworn and Subscribed to before 10/28/2004 WELTMAN WEINBERG REIS tli.. ~~. Deputy Sh riff By: me this 'f t: day of ~J-bo5 A.D. Q~i~ ' rothonotary J $ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PALISADES COLLECTION, LLC, Plaintiff, Case No.: 04 - 5054 CIVIL TERM vs. TYPE OF PLEADING: MOTION FOR SUMMARY JUDGMENT CRAIG E. SMILEY, Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA LD. # 93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR # 03367234 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PALISADES COLLECTION, LLC, Plaintiff, Case No.: 04 - 5054 CIVIL TERM vs. CRAIG E. SMILEY, Defendant. PLAINTIFF'S 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. On or about October 6, 2004, Plaintiff filed a Complaint against Defendant for payment of credit card debt. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. On or about November IS, 2004, Defendant filed an Answer to Plaintiff's Complaint generally denying all the averments in Plaintiffs Complaint. A true and correct copy of the Answer is attached hereto as Exhibit "B" and made a part hereof. 3. Under Pennsylvania Rule of Civil Procedure 1029(b), the averments of the pleading to which a response is required are deemed admitted when not denied specifically. 4. Defendant's Answer contained no New Matter. 5. Under Pennsylvania Rule of Civil Procedure 1032(a), "a party waives all defenses and objections which are not presented either by preliminary objection, answer or reply..." 6. On or about June 23, 2005, Plaintiff served upon Defendant a set of requests for admissions and requests for production of documents. A true and correct copy of same is attached hereto as Exhibit "C" and made a part hereof. 7. No response to the discovery demands has been received. 8. The requests for admissions are now deemed admitted under Pennsylvania Rule of Civil Procedure 4014(b). Thus Defendant has admitted: he applied for the credit card referenced in the Complaint, he has made no payment on the credit card since 2004; he has failed to submit any written dispute as to billing inaccuracy concerning the credit card in question; he is in default for failure to make timely payments, and that the monthly statement attached to Plaintiff's First Request for Admissions, dated September 5, 2003, correctly identifies the last payment made on the account, as well as all charges and balances as of that date. 9. There are no meritorious defenses against this action and Plaintiff is entitled to judgment as a matter oflaw against defendant Craig Smiley. WHEREFORE, Plaintiff respectfully requests that this Court grant Summary Judgment in Plaintiff's favor and against Defendant Craig Smiley in the amount of $5,555.50 with interest at the legal interest rate of6% per annum from the date of the judgment, plus costs. Respectfully Submitted: c~.- PA l.D. # 93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR# 03367234 ----- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO LLC Plainti ff No. O-t-SOS~ Cj~l'-T~ vs. COMPLAINT IN CIVIL ACTION CRAIG E SMILEY Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA 1.0. #47437 WELTMAN, WEINBERG & REIS CO<;-.L.P JAr. 2718 Koppers Building ~.,~ !P 436 Seventh Avenue' f~ Pittsburgh, P A 15219 --, I (412) 434-7955 0', o -n ---I f.E ifl 'crT') ::1:j Cl : ~~f~ :::;.:/ :i:3 -.;:: WWR#03367234 <:'.'1 OJ. EXHIBIT A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION CACV OF COLORADO LLC Plaintiff vs. Civil Action No. CRAJG E SMILEY 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249.3166 COMPLAINT 1. Plaintiff is a corporation with offices in Denver, CO 80202. 2. Defendant is residing at 306 1/2 S. Front Street, Lemoyne, P A 17043. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account nwnber 5431430113988437. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of August 12, 2003, in the amount of $5,555.50. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "I" and made a part hereof. 5. Defendant is in default of the tenns of the cardholder Agreement having not made montWy payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 25.99% per annum on the unpaid balance. 7. 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, Craig E. Smiley individually, in the amount of$5,555.50 with continuing finance charges thereon at the rate of25.99% per annum from August 12,2003 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. tv; , William T. Mo czan PA LD. #47437 WELTMAN, WEINBERG & RBIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:03367234 Page: 2 Plea.se i.ndi.cata Nama, or address Telephone changes llama ( l Work ( ACCOtlN'l' 1IllMBEEI. PAnlSNT PAST DllIIi MnaNtIM NEW AMOUNT OF DllIIi DATE AMOUNT PAnlSNT BALANCE PAnlSNT ENCLOSED 5431 4301 1398 8437 09/05/2003 707.00 1975.50 5555.50 $ 1297 4300 ZLD F X 1 7 07 CRAIG E 306 1/2 LEMOYNE SMILEY S FEtONT ST PA 17043-1338 ACCOUNT 1IllMBEEI. _ Cro;:DrT CEI.ED n- DAYS IN BI:LL PAnlSNT MINIMtJM LINll: AV7ULABLE BII.LING CYCLE DATE DUE DATE PAnlSNT DllIIi 5431 4301 1398 8437 4411 32 08/11/2003 09/05/2003 1975.50 DATE OF TRANS POST ro;:FERENCE NtlMBEEI. DESCEtIPTION OF TEtANSACTIONS AY:lUNT ...... F'INANCE CllARGE ctJllBEN'l' PllRCHASE 1 12.86 rx-kh: t- I "ill - , Pro;:VIOOS NEW PtlRCHASES DEBIT FINANCE OVEIU.INE NEW BALANCE PAYMEN'l'S CllEDITS AND ADVANCES ADJUSTMENTS CHAllGE AMOUNT BALANCE 5361.80 .00 .00 .00 70.00 193.70 1144.50 5555.50 >N AMOUNT FOLLOWED BY A MINOS SIGN(-) IS A CREDIT OEl. A CllEDIT BALANCE UNLESS OTBEronSE INDICATED YOU MAY AVOID ADDITIONAL FINANCE CRARGBS ON Pt1.RCHASES IF YOU PAY THIS Al<<)UNT BY '1HZ DUE. PATE (1uns OF CRBDIT TO FINANCE DAILY NCll<INAL ANNUAL ANNUAL WHICH RATES APPLY CIIAR(;E BALANCES PERIODIC RATE PltP.CENTAGI!: RATES PEllCZNTAGJ: >tATES ~-"--~~. ..-. ,5H.~6 _J .07121 % 25.99 % 25.99 . ._...m___._m___"__ ..-..- .-.--........--..-.-..-.--..---..... - $ 1404.16 r----~~~------r-~~~-'-~~--. --'-t--'!l712.1~r-~'~-'-------r----.35-'E__~,__- -I ~ INQUIRIES TO P.O. BOX 15583 Wi.lJzdngton DE 19886-1194 IF YOU TELEPHONE YOUR mQUIP..Y, YOU DO NO'! PRESERVE yOUR !GHl'S UNDER FEDERAL LAW. JSTOMER SERVICE ~PBONE NUMBER'S: 900-334-6350, 800-545-0464 ) REPORT LOS'T/STOLZN CARnS, '1'OLL FREE 800-334-6350 ANY'l':IMJI: FRCIof ALL 50 STA'l'ES, PUERTO RICO, AND THE u.s. VIRGIN 3LANDS. YOU ARB NOT RBQUIRED '1'0 PAY AN1' SPEC~FIC Al<<XJNT YOU HAVE PROPERLY REPORTED TO US AS DISPUTED PENDING OUR )Mpt,:tANCE WITH APPLICABLE LAW. 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 ?eJ-.e.r l;). ~,..,oo'" (NAME) A~.:y \7J'> _I p>..<< <,.r,iT' (TITLE) of ~ &:> ~ (ot-;:>(A 00, LLc.... , plaintiff herein, that (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. --~~ ~ (SIGNATURE) 03367234 ~ /JI~ ANSWER TO COMPLAINT NO 04-5054 1. UNKNOWN BY DEFENDANT. 2. ADMITTED 3. DENIED 4. DENIED 5. DENIED 6. DENIED 7. DENIED Wherefore Defendant requests judgment in defendant's favor asking said complaint to be denied, and judgment in defendant's favor be granted. Because defendant has never entered into any agreement concerning any money or otherwise with said stated plaintiff SIGNED, /: -,/ '{' /. l 7~Y1(:.j/ !:~.0;:..,J__ ~/ ,'-' CRAIG E. SMIriY-/ ,/ -.. EXHIBIT !3 'b~ n~~t5tQ,34 IN TIiE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO LLC, Plaintiff, ) ) ) ) ) ) ) ) ) NO.: 04 - 5054 CIVIL TERM v. CRAIG E. SMILEY, Defendant. PLAINTIFF'S FIRST REOUEST FOR ADMISSIONS AND REOUEST 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: I. 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 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. 7. In these Requests for Admissions: EXHIBIT C .~- A. The word "oerson( 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 oerson( s) means to state the full name and present or last known address and business address of such oerson(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 addressees) of each oerson 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 "acC), means to (I) describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identify each and every oerson(s) participating in such an act; (3) identify all other oerson(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) identify the oerson(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 oftirne 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. REOUEST FOR PRODUCTION OF DOCUMENTS I: List all payments on the subject credit card referenced in the Complaint and produce any and all documents evidencing proof of those payments, 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. REOUEST 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. REOUEST FOR ADMISSION NO. I: Defendant applied for the credit card referenced in the Complaint. Admitted Denied If the answer to the Request for Admissions No. I is "denied", then supply specific written documentation supporting the denial. REOUEST FOR ADMISSION NO.2: Defendant has made no payment on the credit card since December 13,2004. Admitted Denied If the answer to Request for Admissions No.2 is "denied", then supply specific written documentation supporting the denial. REOUEST FOR ADMISSION NO.3: Defendant has failed to submit any written dispute as to billing inaccuracy concerning the credit card in question. Admitted Denied If the answer to the Request for Admissions No.3 is "denied", then supply copies of specific written disputes as to any billing inaccuracies. REOUEST FOR ADMISSION NO.4: Defendant is in default for failure to make timely payments. Admitted Denied If the answer to the Request for Admissions No.4 is "denied", then supply specific written documentation supporting the denial. REOUEST FOR ADMISSION NO.5: The attached monthly statement, dated September 5, 2003, correctly identifies the balance on the account as of that date. Admitted Denied If the answer to Request for Admissions No.5 is "denied", then supply copies of canceled checks, both front and back, and/or if not available, specific written documentation supporting the denial. 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. ~ Benjamin R. 1 ler, Esquire Pa. LD. #93598 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR: 03367234 Page: Please indica t.e Name, or address Telephone changes Home ( ) Work ( ACCOtlN'l' NtlMBER PADSN'r PAST DOE KnaNmiI NEW AWtlN'l' OF DOE DATI!: AMOtlN'1' PADSN'r BALANCE PADSN'r ENCLOSED 5431 4301 139B B437 09/05/2003 707.00 1975.50 5555.50 $ 1297 4300 ~LD F X 1 7 07 CRAIG E 306 1/2 LEMOYNI!i SMILEY S FRON'l' ST PA 17043-1338 ACCOtlN'l' NllMBER CREDl:T CRED:tT DAYS :m Bl:LL PADSN'r KINl:MDM Ll:NE AVAILABLE Bl:LLl:NG CYCLE DATE DOE DATE ADSN'r DOE 5431 4301 1398 8437 4411 32 08/11/2003 09/05/2003 1975.50 ~~ OF POST REFERENCE NllMBIl:R DESCRl:P'rl:ON OF TRANSACTl:ONS AMOtlN'l' 0000 0811 OVERLDaT FEE 35.00 0000 0000 LATE CHARGE - Kl:N PYM'r NOT RECD BY DATE 35.00 , PLEASE REMEMBBR TO FOLLOW OUR PADSN'r l:NSTRUCTl:ONS WHEN MAl:Ll:NG YOUR PAYMBN'r. PADSN'r MOST BJl: RECEl:VED BY OS AT OUR POST OFFl:CE BOX DESl:GNM'ED FOR RECEJ:P'r OF PAYMEN'r ON YOUR Bl:LLl:NG STATEMEN'r BY 12: 00 NOON, EASTERN TDa:, ON A BANK BtJSl:NESS DAY :m ORDER TO BJl: CREDl:= TO YOUR ACCOtlN'l' AS OF THAT DAY. FOR 0TlIBR J:MPQRTAN'l' J:NFORKATl:ON REGARDl:NG OUR PAYMEN'I' :mSTROCTl:ONS, SEE REVERSE SJ:DE AND TIlE ENCLOSED ENVELOPE. FAl:LllRE TO IO.KE PA~ HAS DANlIGED YOUR CREDl:T I<ATl:NG. 'iiE WANT TO won WJ:'1'H YOU TO REBOJ:LD YOUR CREDl:T. CALL TODAY TO GET STARTED. * * * FINANCE CHARGE <:tlM.ENt CASH 1 110.84 PREvrOOS NEW PURCHASES DEBl:T Fl:NANCE OVERLl:NE NEW BALANCB PAIMEN'rS CREDl:TS AND ADVANCES ADJl1Si'MEN'I'S CHARGE AMOtJN'1' BALANCE 5361. 80 I .00 .00 .00 70.00 193.70 1144.50 5555.50 l AWtJN'1' FOLLOWED BY A Ml:NOS Sl:GN (-) J:S A CREDl:T OR A CREDl:T BALANCE UNLESS O'1'HERWJ:SE l:NDl:CATED YOU WJ AVOID ADDITIONAL FINANCE CHARGES ON PURCHASES IF YOU PAY THIS Alt:)t1NT BY THB DUE DATE nPl!:S OF CREOl:T ro FINI\NCll DAILY NetaNAL ANNr1>J. . ) ANNr1>J. WHICH ""n. APPLY CIIl\RGlIl BALANCE' PERIODIC RA.... PlCRC!:N'rAGB RATES PERCENTAGE RATES -- PlJRCBAS'" _~4.66___,_ ___, 07g1_!_,__ ___ 25. 99 ~___ -----1----3~"!~~_ . ,.- ---------- ADVlINClIS -....--.---,------ ----r- $ 1404.16 r 4864.41 -1--=.P-~~2~-~-"r----2~~L'_-J ----, -~'~~.!-1 D INQUnUES TO P.O. BOX l5583 Wilmington DB 1.9886-1194 IF YOU TELEPHONE YOUR INQt1l:U, YOU DO NOT' PRESERVE YOUR BTS UNDER FEDERAL LAJf. ~R SERVICE TELEPHONE NUMBER'S: 900-334-6350, 800-515-0464 REpORT LOST/STOLEN CAlmS, TOLL FREB 900-334-6350 ANYTDm F1tCM ALL SO STATES, PUERro R.ICO, AND T'HE U.S. VI"RGIN ums. rou AJUl: NOT REQUIR:&:D TO PAY ANY SPECIFIC AM:)UNT YOU HAVE PROPERLY REPORTED TO US AS DISPUTED PENDING OUR ~LIANa WITH APPLICABLE LAW. CERTIFICATE OF SERVICE A true and correct copy of Plaintiff's First Request for Production of Documents and Request for Admissions has been served by U.S. Mail, on the ~ day of Jl./ lv'L- 2005, upon the following: Craig Smiley 306 y, S. Front Street Lemoyne, PA 17043 By: CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff's Motion for Summary Judgment has been served by U.S. Mail, Postage Pre-Paid, on _ of ~ 2005 upon the following: CRAIG E SMILEY 306 112 S FRONT ST LEMOYNE, PA 17043 BY: Benjamin R Bibler, Esquire VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification 10 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 Plaintiff s Verification cannot be obtained within the time allowed for filing of this pleading, and that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information and belief. rz?- .. ~j.cin RB~,q.m Date ..' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PALISADES COLLECTION, LLC, Plaintiff, Case No.: 04 -- 5054 CIVIL TERM Ys. CRAIG S. SMILEY, Defendant. ORDER OF COURT AND NOW, to-wit, this _ day of , 2005, upon this Court's consideration of Plaintiffs Motion for Summary Judgment, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said Motion is GRANTED and Plaintiff is awarded judgment against Defendant Craig Smiley in the amount of $5,555.50 with interest at the legal interest rate of 6% per annum from the date of the judgment, plus costs. BY THE COURT J. (') ,...., ~ = c: c::::> ~~;P <J"' -~] ~~7, "pP ~.~ rl~ (, \ c:: ~Z_ ~ - \ <" ~!.) >~~> - :89 o~ S?\Cl -0 :;;::n --.- ~:~B c.. ";-? 5rn ~-,. ;::->\ _..~ ,-\3 -< -' :<. - PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten arxi sul:mitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter f= the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) /) A.- , ^ (J /1\, ~ I , c..-" ,.\I i../\ ,-(.IVlI.,clC,; ( Plaintiff) vs. c.cC) E. ~,l'() ( Defendant) /'b. tJo~L( Civil l:9"8-CO"J 1. State matter to be argued (Le.. plaintiff's rrotion for new trial. defendant's demurrer to complaint. etc.): (a) for plaintiff: Address : Wellman, Weinberg 8. Rels Co LP.A. 2718 Koppers Bldg. 'J. 436 7'h Avenue Pittsburgh, PA 15219 (412) 434-7955 2. Identify rounsel who will argue case: (b) for defendant: /) "I Address: ~r'>J aV\'~ ;'fJ Cv (9, 3 -=t=;:1/1"t (3"t- LeV>100,''C.., iil-,\ 3. I will notify all parties in writing within t100 days that this case has been listed for argurent. 4. Argunent Court Date: ___.L.._..;l:_ -~5~~dL>W (") ~ ....., = c::::> c.r' (/) rn -':J N \..0 o -n -I :r.::n n'r: -arn :::JCI ':;_~C) _,:-"--ri :;'..':U ',) (") ~:::;,{n ~ ,-1 .;<> ;D -< ~,) -""" '-:? c:> a' . ... CACV OF COLORADO, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LA W CRAIG E. SMILEY, Defendant NO. 04-5054 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS and OLER, JJ. ORDER OF COURT AND NOW, this 1st day of February, 2006. upon consideration of the motion for summary judgment filed in the above-captioned case, following oral argument held on November 23, 2005, and it appearing that (a) the motion for summary judgment was filed by "Palisades Collection, LLC," as Plaintiff, whereas the Plaintiff in the case is actually CACV of Colorado, LLC, (b) Defendant in his answer to the complaint stated that he "has never entered into any agreement concerning any money or otherwise with said stated plaintiff," (c) the praecipe filed on behalf of Plaintiff listing the case for argument failed to indicate either the date of the argument I or the matter to be argued, and (d) the brief for argument court on behalf of Palisades Collection, LLC, was submitted to the court on the day of argument, in contravention of Cumberland County Rule of Procedure 2 lO- 6,2 and contains no indication that it was served upon Defendant, timely or I A FAX sent to the court following oral argument from the office of Plaintiffs counsel contains a letter purportedly mailed by that office to Defendant dated November 8, 2005, advising that a "hearing" in the case was scheduled for the argument court date. The letter was not specific as to the subject of the hearing. 2 Cumberland County Rule of Procedure 210-6 provides, in pertinent part, as follows: A brief with two copies containing a statement of facts, discussion of the issues and reference to all authorities relied upon. shall be tiled with the Court Administrator before argument. . . . The [moving] pa.1y. . . shall furnish these briefs and serve a copy of the brief upon opposing counselor any unrepresented party twelve (12) days before the date set for argument. A responding party shall furnish briefs in a similar manner five (5) days CO :2 kid 1- 83.:1 SOOl '\\.i'"l! 'i,.~ "" ~'I ::Hl ~O' ,"-'it. i,),',-",i'.,..:..V'...'"...l .-l 38;.:1:1(} -fITll::f t .... otherwise, the motion for summary judgment against Defendant filed by "Palisades Collection, LLC," is denied. BY THE COURT, , ilLj.i{ 'J. Wesley lefi Jr., J. , \ / Benjamin R. Bibler, Esq. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Attorney for Plaintiff " " Craig E. Smiley 306Yz South Front Street Lemoyne, PA 17043 Defendant, Pro se .{F~ .{ - fJI oC /l iJr' before the date set for argument. If the party seeking the order has not filed a timely brief in accordance with the time limitations of this rule, the court may deny the relief sought on that basis alone, ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff, Case No.: 04 - 5054 CIVIL TERM vs. TYPE OF PLEADING: AMENDED MOTION FOR SUMMARY JUDGMENT CRAIG E. SMILEY, Defendant. 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PAl 52 J 9 (412) 434-7955 WWR # 03367234 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff, Case No.: 04 - 5054 CIVIL TERM vs. TYPE OF PLEADING: AMENDED MOTION FOR SUMMARY JUDGMENT CRAIG E. SMILEY, Defendant. FILED ON BEHALF OF: PlaintitT COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA I.D. # 93598 WEL TMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 03367234 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff, Case No.: 04 - 5054 CIVIL TERM vs. CRAIG E. SMILEY, Defendant. PLAINTIFF'S AMENDED MOTION FOR SUMMARY JUDGMENT AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Amended Motion for Summary Judgment against the defendant. In support thereof, Plaintiff avers as follows: 1. On or about October 6, 2004. Plaintiff filed a Complaint against Defendant for payment of credit card debt. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. On or about November 15,2004, Defendant filed an Answer to Plaintiff's Complaint generally denying all the material averments in Plaintiffs Complaint. A true and correct copy of the Answer is attached hereto as Exhibit "B" and made a part hereof. 3. Under Pennsylvania Rule of Civil Procedure I029(b), the averments of the pleading to which a response is required are deemed admitted when not denied specifically. 4. Defendant's general denials were accompanied with a single statement claiming he never entered into any agreement with Plaintiff. 5. Plaintiff purchased this debt from Chase Manhattan Bank USA, N.A. (hereinafter "chase"). A true and correct copy of the Affidavit of Sale is attached hereto as Exhibit "c" and made a part hereof. 6. Defendant's Answer contained no New Matter. 7. Under Pennsylvania Rule of Civil Procedure 1032(a), "a party waives all defenses and objections which are not presented either by preliminary objection, answer or reply..." 8. On or about June 23, 2005, Plaintiff served upon Defendant a set of requests for admissions and requests for production of documents. A true and correct copy of same is attached hereto as Exhibit "0" and made a part hereof. 9. No response to the discovery demands has been received. 10. The requests for admissions are now deemed admitted under Pennsylvania Rule of Civil Procedure 4014(b). Thus Defendant has admitted: he applied for the credit card referenced in the Complaint, he has made no payment on the credit card since 2004; he has failed to submit any written dispute as to billing inaccuracy concerning the credit card in question; he is in default for failure to make timely payments, and that the monthly statement attached to Plaintiffs First Request for Admissions, dated September 5, 2003, correctly identifies the last payment made on the account, as well as all charges and balances as of that date. 11. On or about February 12, 2006, Plaintiff served upon Defendant a second set of requests for admissions and requests for production of documents. A true and correct copy of same is attached hereto as Exhibit "E" and made a part hereof. 12. No response to the discovery demands has been received. 13. The requests for admissions are now deemed admitted under Pennsylvania Rule of Civil Procedure 4014(b). Thus Defendant has admitted: he applied for the Chase Manhattan Bank credit card referenced in the account, he received and used a Chase Manhattan Bank credit card account number 543] 430113988437, and the current balance on the Chase Manhattan account as of February 12,2006 is $8,292.62. 14. There are no meritorious defenses against this action and Plaintiff is entitled to judgment as a matter of law against defendant Craig Smiley. WHEREFORE, Plaintiff respectfully requests that this Court grant Summary Judgment in Plaintiffs favor and against Defendant Craig Smiley in the amount of $5,555.50 with finance charges thereon at the rate of 25.99% per annum from August] 2, 2003 to February 12, 2006 for a total of$8,292.62 plus costs. ~??- Benjamin R Bibler, Esquire PA !.D. # 93598 WEL TMAN, WE]NBERG & REIS CO., L.P.A, 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 152]9 (412) 434-7955 WWR # 03367234 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO LLC Plaintiff No. O-l-SOSV Ciw~c'-T~ vs. COMPLAINT IN CIVIL ACTION CRAIG E SMILEY Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA LD. #47437 WELTMAN, WEINBERG & REIS CO"J-,.P A 2718 Koppers Building c~ ~ >:f? 436 Seventh Avenue };;' ?=; Pittsburgh, PA 15219 -;' (412) 434-7955 c, WWR#03367234 (..l'j .{:J ct'l ........;.- -:0 ....]~ r:? EXHIBIT _A --I :T:,-,_ f"1"' ,_, , 'f'--= --errr :rJCl ~~ ~~~ ,::-C'~ :S' ~~~ri -: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION CACV OF COLORADO LLC Plaintiff vs. Civil Action No. CRAIG E SMILEY 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 obj ections 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 COMPLAINT I. Plaintiff is a corporation with offices in Denver, CO 80202. 2. Defendant is residing at 306 1/2 S. Front Street, Lemoyne, P A 17043. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 5431430113988437. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of August 12, 2003, in the amount of $5,555.50. A true and correct copy of Plaintiffs Statement of Account is attached hereto, marked as Exhibit "I" and made a part hereof. 5. Defendant is in default of the tenns of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 25.99% per annum on the W1paid balance. 7. 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, Craig E. Smiley individually, in the amount of$5,555.50 with continuing finance charges thereon at the rate of25.99% per annunl from August 12,2003 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. William T. Mo czan PA LD. #47437 WELTMAN, WEINBERG & RBIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:03367234 Page: :2 Please i.ndi.cate Name, or address Telephone changes Homa ( ) Work ( I ACCOUNT NtlMBER PAYMENT PAST DOE MIMrNUM NEW AMOUNT OF \ DOE DATE AMOUNT PAYMENT BALANCE PAYMENT ENCLOSED i 5431 43D1 1398 8437 09/05/2003 707.00 1975.50 5555.50 $ 1297 4300 ZLD F X 1 7 07 CRAIG E 306 1/2 LEMOYNE SMILEY S FRONT ST PA 17043-1338 ACCOUNT NtlMBER CREDIT CREDI'r DAYS IN BILL PAYMENT MINIMOM LINE AW.ILABLE IsrLLING CYCLE DATE DOE DATE b?AYMENT DOE 5431 4301 1398 8437 4411 32 08/11/2003 09/05/2003 1975.50 DATE OF ~S POS'r REFERENCE NtlMBER DESCRIP'rION OF 'rRANSAC'EIONS AMOUNT '* * '* FINANCE CHARGE ctll<RENT PURCHASE 1 12.86 lxkb;' +- "ill - - , PREVIOUS NEW l'URCHASES DEBIT FINANCE OVERLINE NEW BALANCE PAYMENTS CREDITS AND ADw.NCES ADJUS'rMENTS CHARGE AMOUNT BALANCE 5361. 60 .00 .00 .00 70.00 193.70 1144.50 5555.50 .Ii AMOUNT FOLLOWED BY A MINUS SIGN(-) IS A CREDIT OR A CREDIT BALANCE UNLESS O'rEERWISE INDICATED YOU MAY Avom JIDDITrONAL FINANCE CHARGES ON PURCHASES IF YOO PAY THIS AMOUNT BY THE DUE DATE $ 1404.15 TYP~S OF CREDI:T '.l'O WHICH RATES APPLY PURCHASES r-=-=~~::::::r- ~~~~"'-~, ~ -r FINANCE CHARGE BALANCES 564.66 DAILY PERIODIC RATE .07121 % . 07i:n .., . ~-_.. --_...--. NCOffi<A!. ANNUAL PERCENTAGE AATES 25.99 " -r--.2~E}:-----T-j~:~:::::-l ANNUAL PERCENTAGE RATES 25.99 \ :NO rNQUnIES TO P.O. BOX 15583 Wi1.mi.ngton DE 19886-1194 IF YOU TELEPHONE YOUR INQUIRY, YOU DO NOT PRESERVE YOUR GHTS UNDER FEDERAL LAW. ,STaMER SERVICE TELEPHONE NUMBER'S: 800-334-6350, 800-545-0464 I REPOR.T LOST/sroLEN CARDS, TOLL FREE 800-334-6350 ANYTIME FROM ALL SO STATES, PUERTO RICO, ANP THE U.S. VIRGIN LANDS. YOU APJ!: NOT REQUIRED TO PAY ANY SPEC~FIC AMOUNT YOU !lAVE PROPZRLY REPORTED TO US AS DISPUTED PENDING OUR i'iPLIANCE WITH APPLICABLE LAW. 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 ?~ L.8. 'g,~0c>;L (NAME) Av-..JM..:::> n?-e..J P\ "< "'--....,~ (TITLE) of ~ 0 ~ Cou:;>(t\"O ~ I LLC- , plaintiff herein, that (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. ~~ ~ (SIGNATURE) 03367234 ~b~ ANSWER TO COMPLAINT NO 04-5054 1. UNKNOWN BY DEFENDANT. 2. ADMITTED 3. DENIED 4. DENIED 5. DENIED 6. DENIED 7. DENIED Wherefore Defendant requests judgment in defendant's favor asking said complaint to be denied, and judgment in defendant's favor be granted. Because defendant has never entered into any agreement concerning any money or otherwise with said stated plaintiff SIGNED, /? /-// " (. 7 C'->'ft-J'; /,t<.&~-/- ?'. -' //-.-:.:~ -- CRAIG E. SMItEY-/ EXHIBIT g 'b~ n~~VJ1Q,34 /'l'~1 '") / 'J -'j (./ .,.' -- Q / ,""" ,-~ ,--;20 'L>'- ('~~--j '1""""""_' -~ AFFIDAVIT OF SALE STATE OF TEXAS ) ) ss: COUNTY OF BEXAR ) Frank A. Juarez, being duly sworn, deposes and says: 1. I am an Assistant Vice President of Chase Bankcard Services, Inc. and am authorized to make this affidavit on behalf of Chase Manhauan Bank USA, N.A. ("Chase'~. 2. CRAIG E SMILEY had a credit card account with Chase, account 5431430113988437 The account was sold and transferred to CACVof Colorado, LLC on 8/27/2003. 3. At the time of the sale ofCACV of Colorado, LLC, the amount due on the account pursuant to the terms of the cardholder agreement between Chase and CRAIG E SMILEY was $5,555.50. 4. Your deponent states that to the best of deponent's knowledge, information and beliefthat there were no unaccredited payments, just counterclaims or offsets against the account when it was sold. 5. Your deponent acknowledges that in making this affidavit that CACV of Colorado, LLC is now the owner of said account, and is authorized to collect, settle, adjust, compromise and satisfy the same and that Chase has no further interest in said account for any purpose. Chase Manhauan Bank USA, N.A. By: On MAR S 20?Before me personally appeared Frank A. Juarez who, being sworn stated he/she was authorized on behalf of Chase Manhauan Bank USA, N.A. to execute the within affidavit. . .....'~.=.k......".,...... r ^ /\ '- L CYffiHi:"t,i',: ~ ~ Nalari rubli;~, 5t;:;!(- "i -I. "__<:' , V My (;Qrlj-;;iSS~0n F/pi;,~;; f.~/\R:'~H 1.J1 '?:'-~J i-~ Notary Public :'~_"~.-:;,r:_:_~~~="'=",,'c~,.,~,,---- EXHIBIT C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO LLC, Plaintiff, ) ) ) ) ) ) ) ) ) NO.: 04 - 5054 CIVIL TERM v. CRAIG E. SMILEY, Defendant. PLAINTIFF'S FIRST REOUEST FOR ADMISSIONS AND REOUEST 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: I. 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 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. 7. In these Requests for Admissions: EXHIBIT .""" D A. The word "verson( 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 verson( s) means to state the full name and present or last known address and business address of such verson(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 addressees) of each verson who have possession, custody, and control of said document(s). Ifany 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 (I) describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identify each and every verson(s) participating in such an act; (3) identify all other verson(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) identify the verson(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 oftime 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. REOUEST FOR PRODUCTION OF DOCUMENTS I: List all payments on the subject credit card referenced in the Complaint and produce any and all documents evidencing proof of those payments, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, fmancial statements, accounting entries, diaries, charts, lists, phone records, data compilations etc. REOUEST 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. REOUEST FOR ADMISSION NO. I: Defendant applied for the credit card referenced in the Complaint. Admitted Denied If the answer to the Request for Admissions No. I is "denied", then supply specific written documentation supporting the denial. REOUEST FOR ADMISSION NO.2: Defendant has made no payment on the credit card since December 13, 2004. Admitted Denied lfthe answer to Request for Admissions No.2 is "denied", then supply specific written documentation supporting the denial. REOUEST FORADMlSSlONNO. 3: Defendant has failed to submit any written dispute as to billing inaccuracy concerning the credit card in question. Admitted Denied lfthe answer to the Request for Admissions No.3 is "denied", then supply copies of specific written disputes as to any billing inaccuracies. REOUEST FOR ADMISSION NO.4: Defendant is in default for failure to make timely payments. Admitted Denied lfthe answer to the Request for Admissions No.4 is "denied", then supply specific written documentation supporting the denial. '. REOUEST FOR ADMISSION NO.5: The attached monthly statement, dated September 5, 2003, correctly identifies the balance on the account as of that date. Admitted Denied lfthe answer to Request for Admissions No.5 is "denied", then supply copies of canceled checks, both front and back, and/or if not available, specific written documentation supporting the denial. 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. ~ Benjamin R. I ler, Esquire Pa. J.D. #93598 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR: 03367234 Page; Plaase indicate Name, or address Telephone Changes Home ( ) Work ( ACCO'ONT NUWBER PAYMENT PAST DOE MIMINtlM NEW AMQ'ONT OF DOE DA:rE AMOUN:r PAYMENT BAJ:.ANCE PAYMENT ENC:LOSED 5431 430.1 1398 8437 0.9/0.5/20.0.3 70.7.0.0 1975.50. 5555.50. $ 1297 430.0. Z~ l' X 1 7 0.7 CRAIG E 30.6 1/2 LEMOYNE SMILEY S FRONT ST PA 170.43-1338 ACCO'ONT NUMBER CREDI:r CREDIT DAYS IN BILL PAYMENT MINIMOM LINE AVAILABLE SILLING CYCLE DArE DOE DATE PAYMENT DOE 5431 430.1 1398 8437 4411 32 08/11/20.0.3 0.9/0.5/20.0.3 1975.50 PATE OF !rRANS POST REFERENCE NOMBER DESCRIPTION OF :rRANSAC:rrONS AMOtlNT 0.0.0.0. 0811 OVERLIMIT FEE 35.0.0. 00.00 000.0. LATE CHARGE - KIN PnIT NOT RECD BY DArE 35.00. PLEASE REMEMBER TO FOLLOW OUR PAYMENT INSTRUCTIONS WHEN MAILING YOUR PAYMENT. PAYMENT MOST BE RECEIVi:D BY US A:r OUR FOS:r OFFICE BOX DESIGNA:rED FOR RECEIPT OF PAYMEN:r ON YOUR BILLING S:rA:rEMENT BY 12: 00. NOON, EASTERN TIME, ON A BANK BUSINESS DAY IN ORDER TO BE CREDITED TO YOUR ACCOUN:r AS OF THA:r DAY. FOR OTHER IMPOR:rANT INFORM1l.:rION REGARDING OUR PAYMENT INS:rROC:rIONS, SEE REVERSE SIDE AND TIlE ENCLOSED ENVELOPE. FAILURE :r0 MAKE PAYMEN:r H1lS DAMAGED YOUR CREDI:r RA:rING. WE WAN:r :r0 WORK WJ:TH YOU :r0 REBUILD YOUR CREDI:!'. CALL :rODAY :r0 GE:r S:rARTED. *** FINANCE CHARGE CURRENT CASH 1 110.84 ?REVIOOS NEW PORCHllSES DEBI:r FINANCE OVERLINE NEW >ALANCE PAYMEN:rS CREDI:rS AND ADVANCES ADJUS:rMENT S CllARGE AMOUN'l' BALANCE ;361.80. .00. .00. .00 70.00 193.70. 1144.50 5555.50 I AMOUN'l' FOLLOWED BY A MINUS SIGN(-) IS A CREDI:r OR A CREDIT BALANCE UNLESS O:rHERWJ:SE INDICATED YOU MAY AVOID 1J)DI:rIONAL l!'ImNCE CHARGES ON PURCHASES IF YOU PAY TRIS Al-CltJNT BY THE DUE DATE nPES 0.1" CIlEll IT TO FIl<l\NCE DAILY >>OI<INAL ANWAL ANmlAL WIlIeR RATES APPLY C!lARGl! BALANCES PERIODI.C FATE PDCENT.AGE RATES PERCENTAGE RATES PURCRASES 564.66 .07121 " 25.99 , 25.99 , - . --.--------- ----'-.- --'-.--------.--, ---- ._~----_._- ADVANCES _m.. '.._ ____._"_"_. --r-~.E-I~?.1.2.1-.!....---r_----2~~.!'-'-----l---~'~~'1 $ 1404.16 r-- ) mQUIRIES TO P.o. BOX 15583 Wilmington DE 1.9886-11.94 IE' YOU TELEPHONE YOUR INQt1J:RY, YOU DO NOT PRESERVE YOUR ITS tnmER FEDERAL LAW. ~ SERVICE TELEPHONE NUMEER'S: 800-334-6350, 800-545-0464 :EroRT LOST/STOLEN CARDS, TOLL FREE 800-334-6350 ANYTIME FROM ALL 50 STATES, J?TJERTO IUCO, AND 'tHE U.S. VIRGIN }IDS. YOU ARE NOT REQUIRED TO PAY ANY SPECIFIC AMOUNT YOU HAVE PROPERLY REPORTE:D TO US AS DISPUTED PENDING OVR LIANCE W!Tfi APPLICABLE LAW. CERTIFICATE OF SERVICE A true and correct copy of Plaintiff's First Request for Production of Documents and Request for Admissions has been served by U.S. Mail, on the ~ day of 'J\./ /I...'L_ 2005, upon the following: Craig Smiley 306 y, S. Front Street Lemoyne, PA 17043 9 -----? ~- By: ~ iLI/1 I Benjamin R. Bibler, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff, ) ) ) ) ) ) ) ) ) NO.: 04 - 5054 CIVIL TERM CACY OF COLORADO LLC, v. CRAIG E. SMlLEY, Defendant. PLAINTIFF'S SECOND REOUEST FOR ADMlSSIONS AND REODEST 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: !. 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 proo.f, 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 separate ly as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be differenl if answered in any differenl capacity, such as partner, agent, corporate officer or director 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. 7. In these Requests for Admissions: EXHIBIT E A. The word "oerson(s)" means all entItIes, and, without limiting the generality of the foregoing, includes natural persons, jo.int 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( s) means to state the full name and present or last known address and business address of such person( 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 addressees) of each person who have possession, custody, and co.ntrol 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 "identifv", when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means 10 (I) describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identify each and every person(s) participating in such an act; (3) identify 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) identify the oerson(s) presently having possession, custody or control of slIch record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in Ihe 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 docllments 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 soo.n as such information becomes known or available and in all events, prior to trial of this action. lf 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 /Tom 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 b~ 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. REOUEST FOR PRODUCTION OF DOCUMENTS 1: List all payments on the subject credit card referenced in the Complaint and produce any and all documents evidencing proof of those payments, 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. ]: Defendant applied for a Chase Manhattan Bank Credit Card. Admitted Denied If the answer to Ihe Request for Admissions No. I is "denied", Ihen supply specific written documentation supporting the denial. REOUEST FOR ADMlSSlON NO.2: Defendant received and used a Chase Manhattan credit card, account number 5431430113988437. Admitted Denied If the answer to Request for Admissions No.2 is "denied", then supply specific written documentation supporting the denial. REOUEST FOR ADMISSION NO.3: Defendant has failed to submit any written dispute as to billing inaccuracy concerning the credit card in question. Admitted Denied If the answer to the Request for Admissions No.3 is "denied", then supply copies of specific written disputes as to any billing inaccuracies. REQUEST FOR ADMISSION NO.4: Defendant is in default for failure to make timely payments. Admitted Den i ed If the answer to the Request for Admissions NO.4 is "denied", then supply specific written documentation suppo.rting the denial. REOUEST FOR ADMISSION NO.5: The current balance on said credit card account as of February] 2, 2006 is $8,292.62. Admitted Denied If the answer to Request for Admissions No.5 is "denied", then supply copies of canceled checks, both front and back, and/or if not available, specific written documentation supporting the denial. 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. B njamin R. bIer, Esquire Pa. !.D. #93598 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 WWR: 03367234 Page: 1 Please indicate Name, or address Telephone chanqes Home ( ) Work ( ACCOUN'l' NUMBER PAYMEN:r PAST DOE MIMINUM NEW AMOUN'l' OF DOE DATE AMOtlNT PAYMENT BALANCE PAYMENT ENCLOSED 5431 4301 1398 8437 0.1/03/200.3 94.0.0 376.07 4601.07 $ 1297 4300 Z~ X 1 7 0.7 CRAIG E 30.6 1/2 LEMOYNE SMILEY S FRONT ST PA 170.43-1338 ACCOUN'l' NUMBER CREDIT CREDI:r DAYS IN BILL PAYMEN:r MINIMUM LINE AVAILABLE BILLING CYCLE DA:rE DUE DATE AYMEN:r DOE 5431 4301 1398 8437 4411 29 12/10/2002 0.1/03/2003 376.07 DATE OF TRANS POST REFERENCE NUMBER DESCRIP:rION OF :rRANSACTIONS AMOUN'l' 0000 1210 OVERLIMI:r FEE 29.0.0. 000.0. 0000 LATE CllARGE - MIN PYMT NOT RECD BY DATE 35.0.0. YOUR ACCOUN'l' IS PRESENTLY PAS:r DOE. YOU i MUS:r SEND PAYMENT :r0 AVOID LOSING YOUR CREDIT I PRIVILEGES. IF YOU'VE ALREADY PAID-:rHANK YOU. *** FINANCE CllARGE CURRENT CASH 1 81.59 * * * FINANCE CHARGE CURRENT PURCHASE 1 3.37 I PREVIOUS I NEW PURCHASES DEBI:r FINANCE OVERLINE NEW BALANCE PAYMENTS I CREDI:rS AND ADVANCES ADJUSTMEN:rS CHARGE AMOUN'l' BALANCE 4452.11 .00. I .00 .00 64.00 148.96 190.0.7 460.1. 07 AN AMOUN'l' FOLLOWED BY A MINUS SIGN(-) IS A CREDI:r OR A CREDI:r BALANCE UNLESS OTHERWJ:SE INDICATED YOU MAY AVOID ADDITIONAL FINANCE CHARGES ON PURCHASES IF YOU PAY THIS AMOUNT BY THE DUE DATE TYPES OF CREDIT TO walCH RATES APPLY PURCHASES ................--,-.- ADVANCES FINANCE CHARGE BALANCES 217.48 4.2'e'(j"':"29....--- DAILY PERIODIC RATE .05340 III; :665-73 \: NCIfiNAL ANNUAL PERCENTAGE RATES 19.49 % :i3:iH;i\ ANNUAL PERCENTAGE RATES 19.49 \: 23.99 % I I I I $ 449.73 SENe INQUIRIES TO P.O. BOX 15583 Wilmington DE 19886-1194 IF YOU TELEPHONE YOUR INQUIRY, YOU DO NOT PRESERVE YOUR RIGHTS UNDER FEDERAL LAW. CUSTOMER SERVICE TELEPHONE NUMBER'S: 800-333-8705, 800-545-0464 TO REPORT LOST/STOLEN CARDS, TOLL FREE 800-333-8705 ANYTIME FROM ALL 50 STATES, PUERTO RICO, AND THE U.S. VIRGIN ISLANDS. YOU ARE NOT REQUIRED TO PAY ANY SPECIFIC AMOUNT YOU HAVE PROPERLY REPORTED TO US AS DISPUTED PENDING OUR COMPLIAl<CE WITH APPLICABLE LAW.{\. i'\. 1..': \ ') - L '( - - ~q::)~) U-H~ () ',-)6' J ~ Cc-C,,3 C,cl CC ,~l /;A (~ Page: 1 Please indicate Name, or address Telephone changes Home ( ) Work ( ACCOUN'l' NUMBER I PAYMEN:r PAS:r DOE MIMINOM NEW AMOUN'l' OF , DOE DA:rE AMOUN'l' PAYMENT BALANCE PAYMEN:r ENCLOSED 5431 4301 1398 8437 I 09/eS/2003 707.00 1975.50 555S.50 $ 1297 430.0 ZLD l' X 1 7 07 CRAIG E 306 1/2 LEMOYNE SMILEY S !'R0N:r S:r PA 170.43-1338 ACCOUN'l' NUMBER CREDIT CREDIT DAYS IN BILL PAYMEN:r MINIMOM LINE AVAILABLE 3ILLING CYCLE DA:rE DOE DATE PAYMENT DOE 5431 4301 1398 8437 4411 32 08/11/200.3 09/05/2003 1975.S0 DATE OF ~S POS:r REFERENCE NUWBER DESCRIP:rION OF :rRANSAC:rIONS AMOUN'l' 00.0.0. 0811 OVERLIMIT FEE 35.0.0. 00.00 000.0 LA:rE CHARGE - MIN PYMT NOT RECD BY DA:rE 3S.00 i PLEASE REMEMBER :r0 FOLLOW OUR PAYMENT INS:rRUCTIONS WHEN MAILING YOUR PAYMENT. PAYMENT MUS:r BE RECEIVED BY US AT OUR POS:r OFFICE BOX DESIGNATED FOR RECEIPT OF PAYMEN:r ON YOUR BILLING S:rATEMEN:r BY 12: eo. NOON, EAS:rERN :rIME, ON A BANK BUSINESS DAY IN ORDER :r0 BE CREDI:rED TO YOUR ACCOtlNT AS 0.1" :rHA:r DAY. FOR O:rHER IMPORTANT INFORMA:rION REGARDING OUR PAYMENT INSTRUCTIONS, SEE REVERSE SIDE AND :rHE ENCLOSED ENVELOPE. i : FAILURE :ro MAKE PAYMEN:r HllS DAMAGED YOUR I CREDI:r RA:rING. WE WAN:r :r0 WORK WJ::rH YOU TO I REBUI~ YOUR CREDI:r. CALL TODAY :r0 GE:r S:rAR:rED. * * * FINANCE CHARGE CURRENT CASH 1 110.84 PREVIOUS I NEW PORCHllSES DEBI:r FINANCE OVERLINE NEW BALANCE PAYMENTS CREDI:rS AND ADVANCES ADJtJS:rMEN:rS CHARGE AMOUN'l' BALANCE 5361. 80 I .00 .00 .00 70.00. 193.70. 1144.50 5555.50 AN AMOUN'l' FOLLOWED BY A MINUS SIGN(-) IS A CREDI:r OR A CREDIT BALANCE UNLESS OTHERWISE INDICATED YOU MAY AVOID ADDITIONAL FINANCE CHARGES ON PURCHASES IF YOU PAY THIS AMOUNT BY THE DUE DATE TYPES OF CREDIT TO WHICH RATES APPLY PURCHASES ..- .---- --- ADVANCES FINANCE CHARGE BALANCES 564.66 - --4",3""64--:"4'1 DAILY PERIODIC RATE .07121 % :tiiiii lk NOMINAL ANNUAL PERCENTAGE RATES 25.99 lk -'"2"5:"5i9", AmruAL PERCENTAGE RATES 25.99 % 2!L99 % r I UI $ 1404.16 SEND INQUIRIES TO P.O. BOX 15583 Wi1mi.ngton DE 19886-1194 IF YOU TELEPHONE YOUR INQUIRY, YOU DO NOT PRESERVE YOUR RIGHTS UNDER FEDERAL LAW. CUSTOMER SER~CE TELEPHONE NUMBER'S: 800-334-6350, 800-545-0464 TO REPORT LOST/STOLEN CARDS, TOLL FREE 800-334-6350 ANYTIME FROM ALL 50 STATES, PUERTO RICO, AND THE U.S. VIRGIN ISLANDS. YOU ARE NOT REQUIRED TO PAY ANY SPECIFIC AMOUNT YOU HAVE PROPERLY REPORTED TO US AS DISPUTED PENDING OUR COMPLIANCE WITH APPLICABLE LAW. Page: 2 Please indicate Name, or address Telephone changes Home ( ) Work ( ACCOUN'l' NUMBER PAYMEN:r PAST DOE MIMINUM NEW AMOtlNT OF DOE DA:rE AMOUN'l' PAYMEN:r BALA>>CE PAYMEN:r ENCLOSED 5431 4301 1398 8437 09/05/2003 707.0.0 1975.50 5555.50 $ 1297 430.0. ZLD l' X 1 7 07 CRAIG E 30.6 1/2 LEMOYNE SMILEY S FRONT s:r PA 170.43-1338 ACC01J>>:r NUMBER CREDI:r CREDIT DAYS IN BILL PAYMEN:r MINIMUM LINE AVAILABLE ILLING CYCLE DATE DOE DATE PAYMEN:r DUE 5431 4301 1398 8437 4411 32 08/11/2003 09/05/20.0.3 1975.50 DATE OF TRANS POST REFERENCE NUMBER DESCRIP:rION OF :rRANSAC:rIONS AMOUN'l' *** FINANCE CHARGE CURRENT PURCHllSE 1 12.86 , I I I I I I PREVIOUS NEW PURCHllSE S DEBI:r FINANCE OVERLlNE NEW BALA>>CE PAYMEN:rS CREDITS AND ADVANCES ADJUS:rMEN:r S CHARGE AMOUN'l' BALA>>CE 5361.80 .00 .00. .00. 70..0.0 193.70 1144.50 5555.50 AN AMOUN'l' FOLLOWED BY A MINUS SIGN(-) IS A CREDIT OR A CREDI:r BALA>>CE UNLESS OTHERWISE INDICATED YOU MAY AVOID ADDITIONAL FINANCE CHARGES ON PURCHASES IF YOU PAY THIS AMOUNT BY THE DUE DATE TYPES OF CREDIT TO I, FINANCE DAILY NOMINAL ANNUAL A>OOlAL WHICH RATES APPLY CHARGE BALANCES PERIODIC RATE PERCENTAGE RATES PERCENTAGE RATES PURCHASES ..I 564.66 ----- -. .07121 % 25.99 % 25.99 % ...._._...__._._.----_.~._- ADVANCES 4864.41 .07121 % 25.99 % 25.99 , $ 1404.16 r r I I 5ENo INQUIRIES TO P.O. BOX 15583 Wilmington DE 19886-1194 IF YOU TELEPHONE YOUR INQUIRY, YOU DO NOT PRESERVE YOUR RIGHTS UNDER FEDERAL LAW. CUSTOMER SERVICE TELEPHONE NUMBER'S: 800-334-6350, 800-545-0464 TO REPORT LOST/STOLEN CARDS, TOLL FREE 800-334-6350 ANYTIME FROM ALL 50 STATES, PUERTO RICO, AND THE U.S. VIRGIN ISLANDS. YOU ARE NOT REQUIRED TO PAY ANY SPECIFIC AMOUNT YOU HAVE PROPERLY REPORTED TO US AS DISPUTED PENDING OUR COMPLIANCE WITH APPLICABLE LAW. Page: 3 P1ease indicate Name, or address Te1ephone changes Home ( ) Work ( ACCOON'l' NUMBER PAYMENT PAST DOE MIMINllM NEW AMOON'l' OF DOE DATE AMOON'l' PAYMEN:r BALANCE PAYMEN:r E>>CLOSED 5431 430.1 1398 8437 0.9/05/20.0.3 .00 .00 .00 $ 1297 430.0 ZLD Z X 1 3 07 CRAIG E 30.6 1/2 LEMOYNE SMILEY S FRONT s:r PA 17043-1338 ACCOON'l' NUMBER CREDI:r CREDIT DAYS IN BILL PAYMEN:r MINIMOM LINE AVAILABLE 8ILLING CYCLE DATE DOE DATE PAYMEN:r DOE 5431 4301 139B 8437 4411 30 08/12/200.3 09/05/200.3 DAU OF RANS POS:r REFERENCE NUMBER DESCRIP:rIo.N OF :rRANSAC:rIONS AMOON'l' 0812 OB12 12970e7e00999990M CHARGE OFF ACCOON'l'-FRINCIPALS 4201. 07- 0812 OB12 1297007000999990M CllARGE OFF ACCOON'l' 'FINANCE CHARGES' 1354.43- PLEASE REMEMBER :r0 FOLLOW OUR PAYMEN:r INS:rRUC:rIONS WHEN MAILING YOUR PAYMENT. PAYMEN:r MUS:r BE RECEIVED BY US A:r OUR POS:r OFFICE BOX DESIGNA:rED FOR RECEIP:r OF PAYMEN:r ON YOUR BILLING STATEMENT BY 12:00 NOON, EASTERN TIME, ON A BANK BUSINESS DAY IN ORDER :ro BE CREDITED :r0 YOUR ACCOON'l' AS OF i :rHA:r DAY. I FOR O:rHER IMPOR:rAN'l' INFORM1l.TION REGARDING OUR PAYMENT INS:rRUC:rIONS, SEE REVERSE SIDE AND :rHE ENCLOSED ENVELOPE. I I I I PREVIOUS PAYMENTS I CREDI:rS NEW PURCHASES DEBI:r FINANCE OVERLINE NEW BALANCE AND ADVANCES ADJUS:rMEN:rS CHARGE AMOON'l' BALANCE 5555.50 .0.0. I SS55.50 .0.0. .0.0. .00. .00. .0.0 AN AMOON'l' FOLLOWED BY A MINUS SIGN (-) IS A CREDIT OR A CREDI:r BALANCE UNLESS O:rHERWJ:SE INDICATED YOU MAY AVOID ADDITIONAL FINANCE CHARGES ON PURCHASES IF YOU PAY THIS AMOUNT BY THE DUE DATE TYPES OF CREDIT TO FINANCE WHICH RATES APPLY CHARGE BALANCES PURCHASES ADVANCES- . DAILY PERIODIC RATE .07121 \; -- ''-oiif2i"''", NOMINAL ANNUAL PERCENTAGE RATES 25.99 \; 25. g'g",%"'" ANmlAL PERCENTAGE RATES Ln_ \; . I ~ $ SEND INQUIRIES TO P.O. BOX 17202 Wilmington DE 19886-7202 IF YOU TELEPHONE YOUR INQUIRY, YOU DO NOT PRESERVE YOUR RIGHTS UNDER FEDERAL LAW. CUSTOMER SERVICE TELEPHONE NUMBER'S: 800-333-8705, 800-545-0464 TO REPORT LOST/STOLEN CARDS, TOLL FREE 800-333-8705 ANYTIME FROM ALL 50 STATES, PUERTO RICO, AND THE U.S. VIRGrN ISLANDS. YOU ARE NOT REQUIRED TO PAY ANY SPECIFIC AMOUNT YOU HAVE PROPERLY REPORTED TO US AS DISPUTED PENDING OUR COMPLIANCE WITH APPLICABLE LAW. CERTIFICATE OF SERVlCE A true and correct copy of Plaintiff s Second Request for Production of Documents and R".." r" Adm;,,;o", h" """ oornd by U.S. Mol. '" ili, Ie doy.r Fehrv7 2006, upon the following: Craig Smiley 306 It, S. Front Street Lemoyne, PA 17043 BY./?;;/2S2- Benjamin R. Bibler, Esquire VERIFlCATlON The undersigned does hereby verify subject to the penalties of I 8 P~.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 Plaintiff s Verification cannot be obtained within the time allowed for filing of this pleading, and that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information and belief. ~ /L?ID b Date/ f r~727<- Benjamin R Bibler, Esquire .. CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiffs Amended Motion for Summary Judgment and 'r" \< j brief in support thereof has been served by U.S. Mail, Postage Pre-Paid, on ~ of /"I ()(', L, 2006 upon the following: CRAIG E SMILEY 3061/2 S FRONT ST LEMOYNE, PA 17043 ,~ r;zz '_~_I laenjamin R Bibler, Esquire BY: __r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff, Case No.: 04 - 5054 CIVIL TERM vs. CRAIG E. SMILEY, Defendant. ORDER OF COURT AND NOW, to-wit, this _ day of , 2006, upon this Court's consideration of Plaintiffs Amended Motion for Summary Judgment, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said Motion is GRANTED and Plaintiff is awarded judgment against Defendant Craig Smiley in the amount of $5,555.50 with finance charges thereon at the rate of 25.99% per annum from August 12, 2003 to February 12, 2006 for a total of $8,292.62 plus costs. BY THE COURT J. ( , .... f', Cf"S.p l d-31-( PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter f= the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) CAQ.\J oR Cdcn::'c\ 0 /L c.., ( Plaintiff) vs. Crcj C'. 5M.I(J ( [;efendant) No. 5t6lL Civil -n- :;)oO<-{ 1. State matter to be argued (i.e.. plaintiff's rrotion for new trial. defendant's demurrer to complaint. etc.): 2. Identify counsel who will argue case: " ~~~;f\ t) I blu-- ~ I Wr.l"~t'.' .\i~ 1ii,J,,; Ctl..l.P.A. l11B Kapil':'''' el'i~,- l361'h AIIIlIII!E o>IIlIlJll!flh, PA ~S<::~;, (4t21434-'I'E: (a) for plaintiff: l\ddress: (b) for defendant: Address: ~ru50 3. I will notify all P3rties in writing within n.o days that this case has been listed for argunent. 4. Argunent Court Date: ~ '1h",\>-~. ~/ ,-~ __......_..:1_ ... j . '.. ... CACV of Colorado, LLC Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION-LAW v. Craig E. Smiley, Defendant : NO. 04-5054 CIVIL TERM IN RE: PLAINTIFF'S AMENDED MOTION FOR SUMMARY JUDGMENT BEFORE OLER and EBERT, JJ. ORDER OF COtJRT AND NOW, this 12th day of July, 2006, upon consideration of Plaintiff's Amended Motion for Summary Judgment filed in the above-captioned case and following oral argument held on July 12,2006, at which Defendant did not appear, the Plaintiffs Amended Motion for Summary Judgment is granted and judgment is entered for Plaintiff and against Defendant in the amount of $5,555.50, plus costs of suit and interest at the rate of25.99% from August 12,2003. BY THE COURT, Benjamin R. Bibler, Esq. Weltman, Weinberg, and Reis Co. L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Attorney for Plaintiff . \,,\') ~,:rn r \ ,. DOll j,~V ~, ~~ . ,..... --. ~ Craig E. Smiley 306\1, South Front Street Lemoyne, PA 17043 Defendant, pro Se ~ /#1.'- i. ~ 1-/3-01. ~. 2 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANlA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff Case No.: 04-5054 Civil Term TYPE OF PLEADING vs. PRAEClPE FOR JUDGMEI'I'T PER ORDER OF COURT CRAIG E. SMILEY Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler, Esquire PA J.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR No. 03367234 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff Case No.: 04-5054 Civil Term Vi). CRAIG E. SMILEY Defendant. PRAEClPE FOR JUDGMENT TO THE PROTHONOTARY: 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 July 12, 2006, kindly enter Judgment against the Defendant, Craig E. Smiely, in the amount of $9,887.12 computed as follows: A mount A warded per Order: $5,555.50 .,j Interest from the date of judgment at the contractual rate of 25.99% per annum: $4,331.62 $9,887.12 TOTAL: Attached is a copy of the Court Order in favor of Plaintiff for Judgment. Benjamin R. Bibler, Esquire PA J.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, PA 15219 (412) 434-7955 Plaintiffs address is: Weltman, Weinberg & Reis, 2718 Koppers Building. 436 7~ Avenue, Pittsburgh, PA And Defendant's address is: 306 1/2 S FRONT ST, LEMOYNE,PA 17043 :';?:;iZ~~~ 15219 WWR No. 03367234 . .. CACV of Colorado, LLC Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW Craig E. Smiley, Defendant : NO. 04-5054 CIVIL TERM IN RE: PLAINTIFF'S AMENDED MOTION FOR SUMMARY JUDGMENT BEFORE OLER and EBERT, JJ. ORDER OF COURT AND NOW, this 121h day of July, 2006, upon consideration of Plaintiffs Amended Motion for Summary Judgment filed in the above-captioned case and following oral argument held on July 12, 2006, at which Defendant did not appear, the Plaintiffs Amended Motion for Summary Judgment is granted and judgment is entered for Plaintiff and against Defendant in the amount of $5,555.50, plus costs of suit and interest at the rate of25.99%from August 12,2003. BY THE COURT, Anjamin R. Bibler, Esq. eltman, Weinberg, and Reis Co. L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Attorney for Plaintiff ~lo 1;)0-{ I I ~v01 . . C N 1 ~ ~ ~ ~ 8 <? g ~ C <:r' ~:Q ~ ",.. - ~~:r' c= ~ - ~ -v l'.nr; G> J,~ ~ '~<i"-; N f"" ~ 0; ~ () . ....A....d ~ It) ~ e:: ::::-f"\ -0 ~~(~ 0 ~ 5;ii~~; :;JI: cs('fl lU ~ ~ j,:. ~.:: '2 "-l - 15 ~ r ~ 0 ::<: <J'l ......... ,. . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA ClVIL DIVISION CACV OF COLORADO, LLC Plaintiff Case No.: 04-5054 Civil Term VS. CRAIG E. SMILEY Defendant. NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendants ( ) Garnishee You are hereby notified th" the followi.n~ Order or Judgment was enlered againsl you on ~"t .J ~j ..:l6.oG::> (xx) Assumpsit Judgmenl in the amounl of$9,887.l2, plus inlerest at 25.99% per annum, plus costs. Trespass Judgmenl in Ihe amount of$_ plus costs. ) Ifnot satisfied within sixty (60) days, your molor vehicle operato.r's license and/or registralion will be suspended by the Departmenl of Transportation, Bureau of Traffic Safely, Harrisburg, P A. (xx) Entry of Judgmenl of (xx) Court Order () Non-Pros () Confession () Default () Verdict () Arbitration Award () By Consenl Craig E Smiley 306 1/2 S Front SI Lemoyne,Pa ] 7043 Prothonolary By: PRO PUTY) WWR No. 03367234 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. CRAIG E SMILEY Defendant M&T BANK, Garnishee Civil Action No. 04-5054 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against CRAIG E SMILEY, Defendant 3. aga nst M&T BANK, Garnishee ?? 9?b??3 S • )U t,) _9? t?lrn(ryl t 4. Judgment Amount Adjustments o 0 -n r n co a r? M _ rn r C.) --to ? ' CD .n o DC W C) M y -i _< $ 5555.50 Interest $ 1423.73 Costs $ SUBTOTAL: Costs (to be added by Prothonotary): 61, If 08F ??5, SU ?, 9, op aal?. so , lU7.U? ?" •?? CC f a-)69 3UCe $ 6979.23 WELTMAN, WEINBERG & REIS CO., L.P.A. By: 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#3367234 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5054 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACV OF COLORADO,LLC Plaintiff (s) From CRAIG E. SMILEY AT 306 1/2 FRONT STREET, LEMOYNE, PA 17043 (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 M&T BANK AT 44 S 10TH STREET, LEMONE, PA 17043 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $5555.50 Interest $1423.73 Atty's Comm % Atty Paid $167.68 Plaintiff Paid Date: 12/13/10 L.L. $.50 Due Prothy $2.00 Other Costs (Seal) REQUESTNG PARTY: -Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLANTIFF Telephone: 412-434-7955 Supreme Court ID No. 90963 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson y €..A- L) -'G f t (- Sheriff Jody S Smith Chief Deputy M I JANI "7 P 12: 60 Richard W Stewart CUMBERLAND GOCIJ F .F•.,_ Solicitor PFENN--S? Y°_V'14IA CACV of Colorado, LLC Case Number vs. 2004-5054 Craig E. Smiley SHERIFF'S RETURN OF SERVICE 01/05/2011 01:03 PM - Gerald N. Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2011 at 1303 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: on Craig E. Smiley, in the hands, possession, or control of the within named garnishee, M & T Bank, 344 S 10th Street, Lemoyne, Cumberland County, Pennsylvania 17043, by handing to Dawn Nixson, Bank Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on January 6, 2011 to Craig E. Smiley, 306 1/2 S Front Street, Lemoyne, PA 17043. SO ANSWERS, January 06, 2011 RON R ANDERSON, SHERIFF Gerald N. Wort ngton, Deputy ??./?5/221:. 15: `.°_ 0-6710- e38 JN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. CRAM E SMILEY Defendant and M&T BANK Garnishee No. 04-5054 CJVTL TERM Armwers io INTERROGATORIES IN ATTACHMENT M&T BANK FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: PAGE 05/18 ,-) Cz n G f, ,7 °'r7 Matthew D. Urban, Esquire PA [.D. #90963 WELTMAN, WEINBERG & RETS CO., L.P.A. 1.400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#3367234 01/05/2011 1G:1.0- 9-G7 19038 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, L LC Plaintiff vs, Cavil Action No.: 04-5054 CIV11. TERM CRA1G E SMILEY Defendant and M&T BANK Garnishee TO: M&T BANK Suggested Reference No.: XXX-XX-3552 44 S 10th St Lemoyne, PA 17043 RE: CRAIG E SMILEY 3061/2 FRONT ST LEMOYNE, PA 17043 PAGE 07/10 IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. A. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches 0.11 property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. 0I /?5/2?11. IS: w° PAGE 03/10 °5729038 INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to hint on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to hurt f r any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? 1 a. II theanswer to Interrogatory 1 is in the al'Iirrnal.ive, state the following: theai QFs??O of money you owe or owed to defendant, and, if such money is in the form of a fund, the present 1. c ? freof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or of dr rtten instruments and the present location of each of such instruments; the amount or amounts that defendant cla r Or claimed that you owe or owed to him and the nature and amount of each of such liabilities. 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 of er persons any property of any nature owned solely or in part by the defendant. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the de ndant or in which defendant held or claimed any interest? V 4. At the time you were served r at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? ((?? V 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 direetio?s or consent and if so what was the consideration thereof? 6. At any time after you were served did you pay, transfer, or deliver any money or property to the n or otherwise discharge any claim of the defendant io defendant or to any person or place pursuant to his diz against you? 7. Tfyou arc 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 amoun of funds in each account, and the entity electronically depositing those funds on a recurring basis. ?Qb ?" / ?5/ 2?..'. `.5:..0- °5 i 1°P_3 PAGE 99/ie 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 e4emi rider 42 Pa.C.S. § 8123? If so, iden 'fy each account. 4)oo 5 C-? ?S Fo c ` ?A//?f W 9. If the answer to Interrogatory 1 is in the affirmative. state the daw the sheriff served' r interrogatories on this institution. 0 D 1v 10. If the answer to Interrogatory I 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. ?- 11. If the response 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 e(de?ral law? I 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. 0,)- Melissa M. Peters M&T Bank WELTMAN, WEINBE & REIS CO., L.P.A By: Matthew D. Urban, Esquire PA J.D. #90963 WELTMAN, WLINBERG & REIS CO,, L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#3367234 eI/?S/2P- .". :_S: 10- 2S'12?38 The undersigned does hereby verify subj to unsworn falsi .ications to authorities, that hcls e of (Title) that he/she is duly authorized to make this Answers to Interrogatories are true and correct JAM I IS H PAGE 1@/10 to the penalties of 18 PA. C.S. 4904 relating is Melissa M Peters - -- r Ra k (Name) (Company) garnishee herein, and that the facts set forth in the foregoing the best of his/her knowledge, information and belief. Melissa M. Peters M&T Bank (SIGNATURE) A a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ` lLED 0'' t t?? Q ??tp of ?u?nbcrf?fG ' FF D Jody S Smith Chief Deputy JAN 19 AM 9: 0", Richard W Stewart F? cs . ? Solicitor rG CUMBE LAiN 1 U ii '." IPEN SY L VAIP"'IP'. CACV of Colorado, LLC Case Number vs. Craig E. Smiley 2004-5054 SHERIFF'S RETURN OF SERVICE 01/05/2011 01:03 PM - Gerald N. Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2011 at 1303 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: on Craig E. Smiley, in the hands, possession, or control of the within named garnishee, M & T Bank, 344 S 10th Street, Lemoyne, Cumberland County, Pennsylvania 17043, by handing to Dawn Nixson, Bank Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on January 6, 2011 to Craig E. Smiley, 306 1/2 S Front Street, Lemoyne, PA 17043. 01/18/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $96.23 SO ANSWERS, January 18, 2011 RON R ANDERSON, SHERIFF B ',"'kASharon R. Lantz a-00 P". ec, 0 t4- pd ?2?, ? p l fo ?- S3 ?y ip Goun?ySuito Shenft, Teleosoft. Etc 4r", WRIT OF EXECUTION and/or ATTACHMENT j COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5054 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACV OF COLORADO,LLC Plaintiff (s) From CRAIG E. SMILEY AT 306 1/2 FRONT STREET, LEMOYNE, PA 17043 (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 M&T BANK AT 44 S 10TH STREET, LEMONE, PA 17043 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $5555.50 L.L. $.50 Interest $1423.73 Atty's Comm % Atty Paid $167.68 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 12/13/10 (Seal) REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE David . Buell, Prothon tary By: Deputy Address: WELTMAN, WEINBERG & REIS CO., L.P.A 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLANTIFF Telephone: 412-434-7955 Supreme Court ID No. 90963 TRUE COPY FROM RECORD In Testimony whereof, 1 here unto set my hand and the - ?of said Co at Carlisle, Pa.` This 1 :_ day of--? 20 ?v %Pro x"y WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Matthew D. Urban, Esquire I.D. No.90963 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 3367234 CACV OF COLORADO, LCC vs. CRAIG E SMILEY and M&T BANK Garnishee(s) FILEQ-OI: FICL ? f- THE PRQ7Fi11M0T;jR ' Attotrne l IN09 f(s?" II. 56 CUMBERLAND COUNT i PENNSYLVANIA CUMBERLAND County Court of Common Pleas NO. 04-5054 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), M&T BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to and subscribed Before m t ay of JANUARY, 2011 l NOTARY PUBLIC --------------- Matthew D. Urban, Esquire Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA Notarial Seal WenuY L. COA Notary Publk city of Wttsburyh, Mepheny County MY C salon BOM July 15, 2014 e i6p-r 1,"nnsAvarda Assorlatlon of Notartes le" ?jb 3y t 1 a &/-10 cIC On "OTtiO4OTARY 2,5 2 R 28 PM 2: 47 .,U' °1 ERLA-ND COUNTY CACV OF COLORADb, YLVANIA IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW CRAIG E. SMILEY, Defendant NO. 04-5054 CIVIL TERM PRAECIPE TO SATISFY To the Prothonotary: Please mark the above-captioned matter settled, discontinued and satisfied. CACV OF COLORADO, LLC By: ?i4I+ `Boyl SS?s n? cvelClrt/ C sn 1t5,? - ,?11er?r'(woh 2 01? , SS j I)et Ot- ?Ct l n ? h rC h s4q 1 ?j p(i< 1y Y I bobs t- e 2 i ?.) (a to u 302- ACKNOWLEDGMENT OF SATISFACTION STATE OF L(ty K ) ss.: COUNTY OF MI" 0 n2 `'? On t ` ?' da of 4?(i?arI in the year 2012; before me personally appeared t.,:_& LI cc known to me to be the person who executed the foregoing instrument, who, eing duly sworn by me did depose and say further that he/she is a duly authorized member of the limited liability company described in said instrument; that he/she is authorized to execute the foregoing instrument on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, he/she executed the foregoing instrument in the name of and on behalf of said limited liability company as the act and deed of said limited liability company. Notary Public, State or fww I No. 01-HU6236279 Quaiified in Queens County Commission Expires 2/28!2015 AFFIDAVIT AND ASSIGNMENT OF JUDGMENT STATE OF NEW YORK COUNTY OF NEW YORK ss.. ObAn ?- , being duly sworn, deposes, and says: 1. That s/he is an authorized representative of CAC-1, LLB now at 4340 S. Monaco St., 2nd Floor, Denver, CO 80237, the Plaintiff/Assignor in this action and in that capacity s/he is authorized to make this affidavit. 2. That on 08/24/2006, a judgment was entered in favor of the Plaintiff, CACV OF COLORADO, LLC against the Defendant, Craig E Smiley, for the sum of $ 9,994.30 in this action in the Prothonotary's office of Cumberland County, State of Pennsylvania under Case No/ File No 2004-05054 3. That effective December 30, 2009 Assignee MERRIMAN INVESTMENTS, LLC, Church Street Station, P.O. Box 3491, New York, NY 10008-3491, in exchange for valuable consideration paid, was transferred, assigned and conveyed the rights, title, and interest in the aforementioned Judgment from the Plaintiff/Assignor, CACI-, LLC (?? VJ\ Caitlin to e, Secretary Merriman Ines ments, LLC By Power of Attorney STATE OF NEW YORK COUNTY OF NEW YORK ss.. On tha'_P? of e in the year 201 2--,before me personally appeared 0 41 (ld Q?QWR known to me to be the person who executed the foregoing rument, who, b ing duly sworn by me did depose and say that s/he is a duly authorized member of Merriman Investments, LLC, the limited liability company described in said instrument; that s/he is authorized to execute the foregoing instrument on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, s/he executed 'ompany as the act the foregoing instrument in the name of and on behalf of said limited liab70 and deed of said limited liability company. ? CARYN J WJIW Notary Public. State of ""YO* No. 01-HU6236279 Qualified in QueenCounty Commission Expires 2/28/2015 A i CACV OF COLORADO, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW CRAIG E. SMILEY, Defendant NO. 04-5054 CIVIL TERM PRAECIPE TO SATISFY To the Prothonotary: Please mark the above-captioned matter settled, discontinued and satisfied. CACV OF COLORADO, LLC By: +?; god ? ss?s m ffleai rya n : n e st 201L Q'S-i N()-In r? h S I ?? ? ? K,IyY I b001 hex ?.? ? ? ? J 2i2) (? lob 3182 ACKNOWLEDGMENT OF SATISFACTION STATE OF K) COUNTY OF d V l ) mss( - /I M - On t da of in the year 2017-, before me personally appeared !mown to me to be the person who executed the foregoing instrument, who, Bing duly sworn by me did depose and say further that he/she is a duly authorized member of the limited liability company described in said instrument; that he/she is authorized to execute the foregoing instrument on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, he/she executed the foregoing instrument in the name of and on behalf of said limited liability company as the act and deed of said limited liability company. Notary Public, State or "' ¦-- No. 01-HU6236279 Qualified in Queens County Commission Expires 212812015 AFFIDAVIT AND ASSIGNMENT OF RMGMENI' STATE OF NEW YORK COUNTY OF NEW YORK ss.. tti , being duly sworn, deposes, and says: 1. That s/he is an authorized representative of CAM LLC, now at 4340 S. Monaco St., 2nd Floor, Denver, CO 80237, the Plaintiff/Assignor in this action and in that capacity s/he is authorized to make this affidavit. That on 08/24/2006, a judgment was entered in favor of the Plaintiff, CACV OF COLORADO, LLC against the Defendant, Craig E Smiley, for the sum of $ 9,994.30 in this action in the Prothonotary's office of Cumberland County, State of Pennsylvania under Case No/ File No 2004-05054 3. That effective December 30, 2009 Assignee MERRIMAN INVESTMENTS, LLC, Church Street Station, P.O. Box 3491, New York, NY 10008-3491, in exchange for valuable consideration paid, was transferred, assigned and conveyed the rights, title, and interest in the aforementioned judgment from the Plaintiff/Assignor, CACH, LLC. r? Caitlin 13o As Secretary Merriman Inves ments, LLC By Power of Attorney STATE OF NEW YORK J ss.. COUNTY OF NEW YORK ) On the l, 11 Z of ?LU4 in the year 201 !before me personally appeared own to me to be the person who executed the foregoing rument, who, b ding my sworn by me did depose and say that s/he is a duly authorized member of Merriman Investments, LLC, the limited liability company described in said instrument; that s/he is authorized to execute the foregoing instrument on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, s/he executed the foregoing instrument in the name of and on behalf of said limited liability,EOmpany as the act and deed of said limited liability company. CARYN J HURST Notary Public, State of NOWVO* No. 01-HU6236279 Qualified in Queens County Commission Expires 212612015 EXHIBIT "C" ASSIGNMENT AND BILL OF SALE CACV of Colorado, LLC, on behalf of itself and in its capacity as successor in interest to CAL- SPV ("Seller") has entered into a Purchase Agreement ("Agreement") dated December 28, 2009, as amended by the Closing Statement dated December 30, 2009, for the sale of Accounts described in Exhibit A thereof, to Merriman Investments, LLC ("Buyer") upon the terms and conditions set forth in that Agreement. NOW THEREFORE, for good and valuable consideration, Seller hereby sells, assigns and transfers to Buyer all of the Seller's rights, title and interest in each and every one of the Accounts described in Exhibit A to the amended Agreement. THIS BILL OF SALE IS EXECUTED WITHOUT RECOURSE OR WARRANTIES EXCEPT AS STATED AND PROVIDED FOR WITHIN THE PURCHASE AND SALE AGREEMENT. Buyer and Seller agree that the Purchase Price shall be as stated in Exhibit B (Closing Statement), attached to the Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 30th day of December 2009. CACV of Colorado, LLC By: Z - C-- Brian W. Tuite Authorized Signatory LIMITED POWER OF ATI OR NT V IN C()NNECi'ION WITH TRANSFER OF LOANS' INVOLVING Squarel% o hiuancial Corporation, a Delaware cor,7omum, and i s MhWily"MWd sGiisicL=tries ("Subsidiaries'') as may be listed on any Bill of stile (collectively rvf,rre"! to ax °?arltlcil7ai";, tv'.th its place of business at 4340 S. MonaCO, 2nd Floor, Denver, Colorado 9031 hereby design aes Nhi riw in In vestnleuts, LLC, a Delaware company, 0/0 Howard Barnard, °!2=1 Gate Pest Drive., Mt Pleasant, SC; attorney-in-fact for the Principal for the limited purposes C.+nd nkiect to the norms awl dulatien fey e'iu 3e-. forth. iffectiy,e Date. 'this limited power of attorney shall heroine etiective upon execution by Cite Princil.,al, is :i?l nail; effective, for the liorited p',11-poses set forth 1 elow antil :erminated by dw Prinripat or the duration of Sand fii med power of uttortiey BXItlIY?5. L?rcti lei ,. 3>Ita fort. I7lis power of attov-1e :;hall continiu !mill 1, , okc.6 o: tcnniutitri1 .,i''I Paragraph ?. .,. f_yrj 'I•ne alamwy-in-fact shall lmne 1.e. nowei to act in the place and stern'. Q ate Prin, tp so .y ':-r K parpese of effecting the transfer of that +'ertain portfoi:o of udgments soiti by ih Principal, as'Iswum, ,c I itl:''.niali Investments, W as 'I Pansteme l?utsinA W to i'L`r6me Agtemwnt linked 0mrobw _OU , Sni power3 of the atiorr. ey-in-fact shall include the power and authority to do the v)ho,., ing a:.l. Submit to the Clerks and/or of}ter cwlrr. officials of he va:;cus state or WA mun the ;e AY'r, documentation, required to affect a transfer of the ownership of the UrderS of J'.xlgmr.ri c:ubrlittetl ;nth respect to ceri:airi loans, :o '?krrioian invesitnent:>. LJ:C, ns 1'rar;sferee. ssgn, seal, execute, deliver and acknot+ledge tli writte,l lu t, W d l nod pe i It a wa a.ld a k, aef avid thing whatsoever which ina?i b- rxces- .ry am! pr )iy to be done 'l or abort! :Ile nNNAn Anil Or, power and authoPity granted 0 wohn ¢ Uni I herein :O dhe attorney-tn-fact as fully :o 3., inon,,.._s i:;iC purposes as the Yrincipai might or andd do if ueisoNly present *.2lro o -. deli neted represont. Mr": I'etinul tiq?. This power of attorney shall be terminated by: (aj the Principw by writte:1 notce :o thr a::rir1[e': ta- f ul and by rewrIng the written instrument of revocation 1 the office I the remrder or auditor 0 we mm? of Uw pace Awm the Pr1Ilclpa] matntatns S registered oi{ q or N tTm me Clow >f bush m m w gtir anniver'sary of the execution of this Limited Power of ?e orates. ZpecS1'j1ting. Upon rcgaegt of the Principal, the at:or::ev'n t l r,ha? u.xn!ct for :il actl-7irS tdl< I. `t,n,.; I iAct for or on betia:t of the Principa:- 1_gt'ar tree. l'he atrorney-irnbct and all persons dealing whh do ano m, it: last AMR* mWiSd to _eh _,:w mi. howe!: of attorney se long is neither the aroiuey ?ii3, nor any pn-'or. ME: Wham O anc.," in so gas ctea:ing at the tune of a, ad taken pursuant to this pincer of athuri.., had treeived actual k ov ledgt t :+4 inn notice of the tv:rroination of the limited power of artor:•:ev by revocation or C _her wrac. Any action so t t1 : n mon odwrwke hwaWd or i. nenforcea'ole, sh: Ne MANg r;o the Principal W and sale N hwnste m of thr Pi qc :i. DAM D D IN adw dar; of I:yecrmber, 200g ACCEPTED bywhi vey-hr Wd: ;au as, ell wo I,ir,ancia! Corporation :'1' hlil?t td I.NV ; Y.N-1 N'YS, LLC do v_rttlr Iir ino b1 1 ""ite Noun g Rory LBt ylc It;,: Chief tiuso:oss Developmeut.Oft3ce:- Its: Autlioliz,<d t_;t-nes • ?t' t 1