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Home My WebLink About04-5747 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO LLC vs. No. 01../ - ~ '^I" 7 C!wd" 'j- ~ COMPLAINT IN CIVIL ACTION Plaintiff BR Y AN G RICKABAUGH Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt P A LD #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-79555 WWR#03367235 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO LLC Plaintiff vs. Civil Action No. 0'-1 - 57'17 C. ;0'\ l ~8Ml.. BRY AN G RICKABAUGH 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 HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICES CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD ST. CARLISLE, PA 17013 COMPLAINT Plaintiff is a corporation with offices in 370 I ih St. Suite 5000, Denver, CO 80202. 1. ') Defendant is residing at 1083 Grahams Wood Rd., Newville, PA 17241. 3. Defendant applied for and received a credit card issued by Plaintiffs assignor bearing the account number 5458004028877973. A true and correct copy of Plaintiffs Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. -+. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of October 25,2004, in the amount of$7,259.02. S. Defendant is in default of the ternlS 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 Agreemcnt between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 5.90% per annum on the unpaid balance. 7. Although repcatedly 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, Bryan G. Rickabaugh individually, in the amount of $7,259.02 with continuing finance charges thereon at the rate of 5.90% per annum from October 25, 2004 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. ~~/ JI.D #42524 LTMAN, WEINBERG & REIS CO., L.P.A. 2 18 Koppers Building 6 Seventh A venue Pittsburgh, P A 15219 (412) 434-79555 WWR#:03367235 " DIRECT MERCHANTS BANK@ . CARD MEMBER SERVICES PO BOX 21550 TULSA OK 74121-1550 MAKE PAYMENTS PAYABLE TO: DIRECT MERCHANTS BANK YOUR PAYMENT COUPON I STATEMENT NEW DATE BALANCE ACCOUNT NUMBER PAYMENT MUST BE RECEIVED BY 5458 0040 2887 7973 AMOUNT I ENCLOSED MINIMUM PAYMENT DUE AMOUNT PAST DUE MAY 21, 2002 6,410.71 449.00 O FOR. ADDRESS AND I OR PHONE NUMBER CHANGES, CHECK THIS BOX AND COMPlETE THE FORM ON REVERSE SIDE. SEND PAYMENTS TO: PAYMENT CENTER PO BOX 17036 BALTIMORE. MD 21297-0448 1"1,1,,,11,,1,11,1,,1,,,111,,,,1,,1,1,,11,01,1/,,,,1,1,1,,/,1 367.00 NOW DUE BRYAN G RICKABAUGH CgRINE A RICKABAUGH P BOX 284 NEWVILLE PA 17241-0284 023 83313 '=-X~t' bl' t "i I' /",111",/"/,1,1"1",1111,,,,,1,11,,1,,1,,11,,1,,1,,11,1"I 545800402887797300044900006410715 Detach and Insert thls top portlon In the enclosed envelope. Be sure the Payment Center address shows in the envelope window. DIRECT MERCHANTS BANK@ A VIEW OF YOUR RECENT CHARGES AND CREDITS Online eceount access: www.dlrectmerchantabank.com TRANS POST REFERENCE DATE DATE NUMBER DESCRIPTION PAYMENTS AND CREDITS 05114 05/14 85458ooGN2W6DR7G5 PAYMENT - THANK YOU PURCHASES, CASH ADVANCES & FEES 'FINANCE CHARGE' PURCHASES $19.84 CASH ADVANCE $13.55 33.39 YOUR ACCOUNT SUMMARY - MAY 2002 ACCOUNT AND PAYMENT INFORMATION ACCOUNT NUMBER 5458 0040 2887 7973 NEW BALAHCE 80110.71 MINIIIUII PAYMENT DUE .....00 AMOUNT PAST DUE 317.00 PAYMENT MUST eE RECEIVED BY CREDIT LINE INFORMATION TOTAL CREDIT LINE TOTAl AVAILABLE CREDIT CASH ADVANCE CREDIT LIMIT" 3100 CASH ADVANCE AVAILABLE CREDIT ~ OVERllMIT AMOUNT 'CASH ADVANCE CREDIT LIMIT ~ PORTION OF YOUR TOTAL CRE ~ 1 CARDMEMBER SERVICE CENTER: 80&9 24 HOURS. 7 DAYS A WEEK FROM OUTSIDE THE U.S. CALL COLLECT, 480-37:!e IMPAIRED- TOO CUSTOMERS CALL: 8n-902-0967 SEND PAYMENTS TO: PAYMENT C 17038, BALTIMORE, MD 21297-0448 MAIL INQUIRIES TO: CARDMEMB. ,PO BOX 21550, TULSA, OK 74121-1550 NOTICE: SEE REVER R IMPORTANT INFORMATION. Online accou~~. .d'rectmerchantsbank.com PLEASE NO ~TS MUST BE RECEIVED BY 1:00 P.M.. LOCAL TIME. ON SINESS DAY AT THE PAYMENT PROCESSING FACILITY TH OUR PAYMENTS, IN ORDER TO BE CREDITED TO YOUR AC S F THAT DAY, AND PAYMENTS MUST CONFORM TO THE P TRUCTIONS SET FORTH ON THE REVERSE SIDE. ALL C YMENTS RECEIVED AT THE PAYMENT PROCESSING ~ R THAT TIME WILL BE CREDITED AS OF THE FOLLOWING V BANK BUSINESS DAY S 6487.32 0.00 0.00 000 90.00 0.00 33.39 "10.71 NOW DUE 5994 0348 lPO ) 15 D2D521 C X Page 1 of 2 8800 4000 PAC! 01AK5994 83323 ill ~lll 8 2004 ) il ~! I I 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 ~1.t...J &Jt..r (NAME) L",,, I Acd- ~ Ex~MAlrv1L - J (TITLE) of ~ i I.(..<..f- AM.u-t(:"" (COMPANY) , plaintiff herein, that 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. 0~~ 1 (SIGNATURE) WWR# 03367235 ~ ~ G ~ "l 0 ~ ~ c' = 0' <-") -q , J.,- '4 -- fr~ :J:? ~ " ('~S .."r.:.. ~n ~ , ' C? ....... - ~ en C) ~ ~ r-) ..0 'n ~ \~~ , '::l~ - - . .1, - ..c::: ~ , r~-? '::'~ ~ >"C " -l- - -" ,'~ 4',. C) ~ ;J -<. -" en DOUGLAS LAW OFFICE 27 W. HIGH ST. POB 261 CARLISLE P A 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court 1.0.# 37926 !"CAVC...of"Colorado"[Lc.......................................................... ...........'In..the..Court..of"Common..pie~is..or.......... !':".:'" Plaintiff Cumberland County Pennsylvania . vs 04 - 5747 Civil Term I Bryan G. Rickabaugh Civil Action Law ,............................................................................................................!?.~.~~~~~!..i....................................................................................................................................................., Preliminary Objections of Defendant 1. The plaintiff CA VC of Colorado LLC has alleged that they are a corporation with offices in 370 IJ7ili St., Suite 5000, Denver, Colorado. They are represented by James C. Warmbodt, Esq. of Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, P A 15219. 2. The defendant, Bryan G. Rickabaugh, is an adult individual residing at 1083 Grahams Wood Road, Newville, Cumberland County, Pennsylvania. 3. The plaintiff has filed a complaint against the defendant claiming to be an assignor of account number 5458004028877973. 4. The plaintiff has failed to attach any underlying written contract or any written contract evidencing the claimed assignment. 5. The aforesaid is required pursuant to Pa. R.CP. 1019(i). 6. It is impossible for the plaintiff to answer the complaint due to the aforesaid pleading deficiency. Wherefore, it is prayed that the complaint of the plaintiff be dismissed for failure to plead in accordance with the Pa.R.C.P. l019(i). Respectfully submitted, ~~\ Q \ William P. Douglas Attorney for the defe December 22, 2004 ~i(uJ , Vj?- \ TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION CACY OF COLORADO LLC vs. No. C>4 - S71/7 c,-vLC I~ COMPLAINT IN CNIL ACTION Plaintiff BR Y AN G RICKABAUGH Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA LD #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 WWR#03367235 ~ TRUE COpy FROM RECORD 'n T lO:etimcmy W~;Jr~!)t. i here unto set my hand ~;l;.~:(;tG;~ ~~~~~ISI~.~~ ~rl-. C' . "'t:./?A~,-,J_~ "- Prothonotary IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION up____ CACY OF COLORADO LLC Plaintiff vs. Civil Action No. BRY AN G RICKABAUGH Defendant COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICES CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD ST. CARLISLE, PA 17013 COMPLAINT 1. Plaintiff is a corporation with offices in 370 1 ih St. Suite 5000, Denver, CO 80202. 2. Defendant is residing at 1083 Grahams Wood Rd., Newville, PA 17241. 3. Defendant applied for and received a credit card issued by Plaintiff's assignor bearing the account number 5458004028877973. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff: as of October 25,2004, in the amount of$7,259.02. 5. Defendant is in default of the ternlS 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 5.90% 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, Bryan G. Rickabaugh individually, in the amount of $7,259.02 with continuing finance charges thereon at the rate of5.90% per annum from October 25,2004 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. WWR#:03367235 DIRECT-MERCHANTS BANK. CARDMEMBER SERVICES PO BOX 21550 TULSA OK 74121-1550 MAKE PAYIwENTS PAYABLE TO: DIRECTIwEACHANTS BANK YOUR PAYMENT COUPON I STATEMENT NEW MINIMUM DATE BALANCE PAYMENT DUE MAY 21,2002 8.410.71 ....9.00 O FOR ADCRESSAND I OR PHONe NIJIolIlBl CHANGES, CHECK THIS BOX AND COMPlETE THE FORM ON REVERSe SIDI:. SEND PAYMENTS TO: PAYMENT CENTER PO BOX 17036 BALTIMORE. MD 21297-0448 \.,1.1."11..1,11,1..\".111,,,,\..1.1,,1\,,1.11,..,1.1.1.,\.1 . AMOUNT PAST DUE 367.00 ACCOUNT NUMBER 5458 0040 2887 7973 PAYMENT MUST AMOUNT I BE RECEIVED BY ENCLOSED NOW DUE ....: 023 83323 ~RYAN G RICKABAUGH ~RR~~~ A ~ICKABAUGH NEWVYLLtBpA 17241-0284 1..,11\..,1..1,\,1"1.,,1111..,,,1.11,,1.,1.,11,.1,,1.,11,\,.\ 545a004028a779730D04490DOD641D?15 _ """ _1IlIo lop portion In Iho _lllWOIope. Be....1ho payment CenIor _ _ In Itlo lllWOIope_. [x.~('h\'t 1'1. I' DIRECT MERCHANTS BANK8 A VIEW OF YOUR RECENT CKARGES AND CREDITS Online aa:ount access: www.dlrectmerchantsbank.com TRANS POST REFERENCE DATE DATE NUMBER DESCRIPTION PAYMENTS AND CREDITS 05114 05114 lI5458OOGN2W6DR7G5 PAVIoIENT. THANK YOU PURCHASES. CASH ADVANCES. FEES 'FINANCE CHAR~ PURCHASES $19.84 CASH ADVANCE $13.55 33.39 CREDIT LINE INFORMATION TOTAL CREDIT L.WE TOTAL AVAJ.N/LE. CREDIT CASH N:NNlCIIl CREOIT UMll' 3100 CASH N:NNlCIIl AVAJ.N/LE. CREDIT ~ 0VERl._ AMOUNT "CASIlAlNNKZ CIWllT L/MIT~ POIITIOH Of' YOUR TOTAL , CARDMEMBER SERVICE CENTER: 99 24 HOURS. 7 DAYS A WEEK FROM OUTSIDE THE U.S. CALL COl.lECT: 480-37 IMPAIRED-TOO CUSTOMERS CALL: an-902.0967 SEND PAYMENTS TO: PA'IMEflT 171136, BALTIMORE, IlIO 212t7-ll448 MAIl. INQUIRIES TO: . PO BOX 21558. lULSA, OK 74121-1550 NOTICE: SEE REVER IMPORTANT INFORMATIOH. OnIna .dlraclmercha-....com YOUR ACCOUNT SUMMARY - MAY 2002 ACCOUNT ANI) PA'IMEflT ItIFOIlMATION ACCOl.WT NUIoftR 5ol58 _ 28lI11ll73 _ 8A1AHCll M10.11 __ PAY10lEllT DUE ....... AIIOUIlT PAST DUE 381.00 PA__BE RECEIVI!D 8'( HOW DUE PlEASE NO LOCAl. TIIoE. ON FAClUTY TO YOUR AC THEP AU. MUST BE RECEIVED BY 1:00 P.IoI.. SlNESS DAY AT THE PAYMENT PROCESSING OUR PAYMENTS, IN ORDER TO BE CREDITED THAT DAY. AND PAYMENTS MUST CONFORM TO TRUCTIONS SET FORTH ON THE REVERSE SIDE. YMENTS RECEIVED AT THE PAYMENT PROCESSING :r TIlolE W1U. BE CREDITED AS OF THE FOlLOWING BANK BUSINESS DAY. 5994 0348 XPO 7 15 020521 C X Page 1 of 2 8800 4000 PACl 01AK5994 Y S ....1.32 0.00 0.00 0.00 90.00 0.00 33." 141o.Tl 83323 YOU ill ~ ~I 8 2004 JJl I I VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is ~t...J &d.t..:J (NAME) L"r'f. , A<:cf ~ Exu.-J.,-v'L- ~ J (TITLE) of c ;1.<..1..'1- AM~,C:^- (COMPANY) , plaintiff herein, that 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. 01.. J ~ 7V"'-' (SIGNATURE) WWR# 03367235 --, 1.,,;- 1"'--) C ~,~~~ '",", t. I ~.'l.; ..- -. ~ Iii C) r", 1",-' --I .. I " ~'.,....~ ~ 1 '\ :"i ; 1, .. ,( , -"'1 'i_c. ,- ; ,1 C) (, ) c...; '1 DOUGLAS LAW OFFICE 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court 1.0.# 37926 "cAVcoFColoradoTLC' Plaintiff I , ........'IiiihecourFo[Commonpieaso[ , Cumberland County Pennsylvania vs 04 - 5747 Civil Term , i I Bryan G. Rickabaugh Civil Action Law i........ .P~~~~<:l<:lJ:l!1 Answer and New Matter 1. Denied. After reasonable investigation the defendant is unable to ascertain the truth of the averment and proof thereof is demanded. 2. Admitted. 3. Denied. After reasonable investigation the defendant is unable to ascertain the truth of the averment and proof thereof is demanded. 4. Denied. After reasonable investigation the defendant is unable to ascertain the truth of the averment and proof thereof is demanded. 5. Denied. After reasonable investigation the defendant is unable to ascertain the truth of the averment and proof thereof is demanded. 6. Denied. After reasonable investigation the defendant is unable to ascertain the truth of the averment and proof thereof is demanded. 7. Denied. After reasonable investigation the defendant is unable to ascertain the truth of the averment and proof thereof is demanded. Wherefore, it is prayed that the complaint of the plaintiff be dismissed and judgment entered in favor of the defendant. .' '-QUIHl:i.O TO FiLE A vou ARi :.,~H:Ji" he: THE ENCLOSED WRrTTEN R~S.fOi';)~ [)~~S FROM SERVICE WITHIN TWENJYUOI'"MENT MAY BE TERED HEREOF OR Au' AGAINST VO BY New Matter 8. Denied. The aforesaid answers are incorporated herein and reference is made thereto. 9. Denied. Denied pursuant to Pa. R.CP. 1029 (e). 10. Denied. All damages claimed by the plaintiff were not the fault of the defendant and were caused by the conduct of the insured. Wherefore it is prayed that judgment be entered in favor of the defendant and against the plaintiff and the complaint of the plaintiff be dismissed. Respectfully submitted, William P. Douglas Esq. Attorney for the defen ant February 18, 2005 AFFIDAVIT I HEREBY SWEAR OR AFFIRM THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY INFORMATION AND BELIEF. THIS IS MADE SUBJECT TO THE PENALTIES OF 18 PA.CS. 94904 RELATING TO UNSWORN FALSIFICATION TO AUfHORITIES. DUE TO THE UNAVAILABILITY OF THE DEFENDANT THIS AFF ADA VIT IS SIGNED BY COUNSEL FOR THE DEFENDANT. February 18, 2005 . ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff No. 04-5747 CIVIL TERM vs" REPLY TO NEW MATTER BRYAN G. RICKABAUGH, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA 1.0. #42524 Weltman, Weinberg & Reis Co., L.PA 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03367235 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff No. 04-5747 CIVIL TERM vs. BRYAN G. RICKABAUGH, Defendant. REPLY TO NEW MAHER AND NOW, comes Plaintiff, CACV of Colorado, LLC, by and through its counsel, WELTMAN, WEINBERG & REIS, CO., L.PA, and files the within Reply to New Matter, averring in support thereof the following: 8. Paragraph 8 of Defendant's New Matter contains no averments to which a response is required. To the extent that a response may be required, Plaintiff incorporates paragraphs 1 through 7 of its Amended Complaint as though herein set forth at length. 9. Paragraph 9 of Defendant's New Matter contains no averments to which a response is required. 10. The averments contained in Paragraph 10 of Defendant's New Matter constitute conclusions of law to which no response is required. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant in the amounts demanded in its Complaint. WEL~MA~, ~/~ERG & REIS~~ L.PA /<", i 0}Y'V'/\/\/V' JAM . C. WARM BRODT PA nt>. #42524 itrnan, Weinberg & Reis Co., L.PA 27:1;6 Koppers Building 47th Avenue ttsburgh, PA 15219 (412) 434-7955 CERTIFICATE OF SERVICE The undersigned hereby certifies that true and correct copies of the within Plaintiff's Reply to New Matter mailed to the following on this J~ "8.rj:~, day of ,-- ~etovuw~, 2005 by first class, U.S. Mail. postage pre-paid: William P. Douglas, Esquire 27 W. High Street PO Box 261 Carlisle, PA 17013 Respectfully Submitted: WELTMAN, WEINBERG & REIS CO., LPA ~ --:/\ f'JJ ". 11 yv Jame , . Warmbrodt, Esquire Pa. L i #42524 Atto n,eys for Plaintiff 27 tkoppers Building 4 Seventh Avenue Fl sburgh,PA 15219 '412) 434-7955 . , VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for filing of this Reply to New Matter and that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. /"'? ."~ " -\/~rVVV~ s C. Warrnbrodt. Esquire tney for Petitioner / t'"'.' : .~,:J c;) ,:..('1 % :>P :;.0 I '" ~ ::t; <..0 r.' ""''< - SHERIFF'S RETURN - REGULAR CASE NO: 2004-05747 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS RICKABAUGH BRYAN G SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RICKABAUGH BRYAN G the a true and attested copy of COMPLAINT & NOTICE together with DEFENDANT , at 1550:00 HOURS, on the 22nd day of November, 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to BRYAN RICKABAUGH and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 So Answers: .~~::;~~~'/~ R. Thomas Kline 11/23/2004 WELTMAN WEINBERG REIS Sworn and Subscribed to before me this ...;-'~ day of L i d-UV;'-- A.D. ~ {2 ' ~ot~UL~A ~ By: 'J~~~ ~4'ld wI Deputy Sheriff PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: please list the within matter for the n.;!Xt lU:gUt1ent ~. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) atv DC CJCX'cdo ( LLC ( Plaintiff) vs. ~ G ~;ckc,\xcr ( Deferrlant) No.~ Civil -t'j ace '-{ 1. State matter to be argued (Le.. plaintiff's rrotion for new trial. deferrlant's demurrer to canplaint. etc.): 2. Identify counsel who will argue case: W;\\,CWl kok~"" W:o!tman, l~~!1':berg & Rel8 Co., L.P.A. 2716 Koppers Bldg. 436 7fh Avenue Pittsburgh, PA 15219 (412) 434-79155 (a) for plaintiff: J\ddress: (b) for deferrlant: Address: iAJlt"""" (J:,~\c.~ 00 SQ,L au. '\' (d,l.t-, ~.-\ 11o() 3. I will notify all parties in writing within twc, days that this case has been listed for argunent. 4. Arg1..rneI1t ~ Date: !):Ited: <6\\ \10Cb ^'_ ,=/l4^-- r-~,) c:::> C:;',~J C)., -'.- .Ii. -c; t:': j" u; - 40 CACV of Colorado, LLC : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, Bryon Q, Rickabaugh : NO, 04-5747 CIVIL TERM ORDER OF COURT AND NOW, August 25, 2005, by agreement of counsel, the above-captioned matter is continued from the August 24, 2005 Argument Court list Counsel is directed to relist the case when ready, By the Court, William Molczon, Esquire For the Plaintiff William Douglas, Esquire For the Defendant ~~-C!f ~ Court Administrator jk ....~',~/KiJ L 0 :8 1"Jd 92 :Jnv ~DDZ AtIl/10;\~()H.LO~k; 3Hl :10 3Qi:l:10-Cl31!:l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff, Case No,: 04-5747 v, BRY AN G RICKABAUGH, 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: I. On or about January 10, 2005, Plaintiff filed .ill Amended 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 February 18,2005, Defendant filed an Answer and New Matter to Plaintiffs Amended Complaint. A true and correct copy of Defendant's Answer and New Matter is attached hereto as Exhibit "B" and made a part hereof. 3. In his Answer, Defendant admitted that his address was correct, and denied all other averments, 4. In his New Matter, Defendant denied the averments pursuant to Pa, R.C,P, I 029( e), and plead that all damages claimed by the Plaintiff were not the fault of the Defendant and were caused by the conduct of the insured, 5. On or about February 25, 2005, Plaintiff filed a Reply to Defendant's Answer and New Matter, A true and correct copy of the Reply to Defendant's Answer and New Matter is attached hereto as Exhibit '"c" and made a part hereof. 6. The pleadings in this matter are closed, 7. On or about April 15, 2005, Plaintiff served upon Defendant Interrogatories, Request for Admissions and Request for Production of Docume:nts, A true and correct copy of same is attached hereto as Exhibit '"D" and made a part hereof, 8. No response to the discovery requests has been received, 9. Plaintiffs requests for admissions are now deemed admitted under Pennsylvania Rule of Civil Procedure 4014(b), 10. Defendant has admitted that attached to the Complaint as Exhibit '"I" is a true and correct copy of the credit application for account no, 5458004028877973 signed by the Defendant I I, Defendant has admitted that attached to the Complaint as Exhibit '"2" is a true and correct copy ofthe Cardholder Agreement for account no. 5458004028877973, 12. Defendant has admitted that he is required to make monthly payments to Plaintiff on any outstanding balances owed on the subject credit card account no, 5458004028877973, 13. 14,2002. Defendant has admitted that he has made no payment on the credit card since May 14. Defendant has admitted that attached to the Complaint as Exhibit '"3" is a true and correct copy of the statement of account no. 5458004028877973 as of May 21, 2002. 15. Defendant has admitted that he has not submitte:d any written dispute as to any accounting inaccuracy concerning the amounts demanded by the Plaintiff on the subject credit card no, 5458004028877973. 16. The balance owed by the Defendant to the Plaintiff on the subject credit card no, 545800402887797 as of July 10,2002 was $6,442.87, WHEREFORE, Plaintiff respectfully requests that this Court grant Summary Judgment in favor of the Plaintiff and against the Defendant, Bryan G Rickabaugh, in the amount of $6,442,87 plus interest at the legal interest rate of 6% per annum from the date of the judgment, plus costs. Respectfully Submitted: NYvl/ James , Warmbrodt, Esquire P A I , # 42524 W 1: AN, WEINBERG & REIS CO., L.P.A, 2 18 oppcrs Building 3 eventh A venue p' tsburgh, PA 15219 4 I 2) 434-7955 WWR # 03367235 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff, Case No,: 04-5747 v. BRYAN G RICKABAUGH, 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, Bryan G Rickabaugh, in the amount of $6,442,87, plus interest at the legal interest rate of 6% per annum from the date ofthe judgment, plus costs. BY THE COURT J. CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiffs Motion for Summary Judgment has been ,,~'" by U.S. Mol, ''"''g, P~"id. '" Jq~ d,y of ~005 op" tl" followl"", William P. Douglas, Esq, Douglas Law Office POB 26] Carlisle, P A 170 I 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO LLC Plaintiff No, 04-5747 CIVIL TERM vs, AMENDED COMPLAINT IN CIVIL ACTION BRYAN G RICKABAUGH Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF TIllS PARTY: James C. Warmbrodt, Esquire PA LD #42524 WELTMAN, WEINBERG & REIS CO" L.P.A 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 WWR#03367235 EXHIBIT It IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL DIVISION CACV OF COLORADO LLC Plaintiff vs, Civil Action No. 04-5747 CIVIL TERM BRYAN G RICKABAUGH Defendant AMENDED 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICES CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD ST. CARLISLE, PA 17013 AMENDED COMPLAINT 1. Plaintiff is a corporation with offices in 370 17th St. Suite 5000, Denver, CO 80202. 2. Defendant is residing at 1083 Grahams Wood Rd., Newville, PA 17241. 3. Defendant applied for and received a credit card issued by Plaintiff's assignor bearing the account number 5458004028877973. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit '1' and made a part hereof. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of October 25, 2004, in the amount of $7,259.02. 5; Defendant is in default <Jf the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. A true and correct copy of the cardholder Agreement is attached hereto, marked as Exhibit '2' and made a part hereof. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition offmance charges at the rate of 5.90% per armum 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, Bryan G. Rickabaugh individually, in the amount of $7,259.02 with continuing finance charges thereon at the rate of 5.90% per armum from October 25, 2004 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. ~vVt/ Jam C. Warmbrodt, Esquire P A #42524 TMAN, WEINBERG & REIS CO., L.P.A. 2 1 Koppers Building 36 eventh Avenue i burgh, PA 15219 ( 2) 434-79555 WWR#:03367235 DIRECT MERCHANTS BANK. CAADMEMBER SERVICES ~ BOX 21550 TUlSA OK 74121-1550 tMKE PAYliENn PAYABLE TO: DIAECTt.ERCHANTS BANK .. ST~TBIENT DATE ACCOU UM NEW IIHIIUM AJIOUWT PAST PAYMENT MUST aALAHCE PA.YMENT DUE DUE BE RECEIVED BY .... """,UNT ENCLOSED IlAY 21, 2IIGZ 1,410.71 ....1.0. O ~ACCIRDIANCI/OkI"HON!Nl.I.8EIl; QoWrf(8"tltfElI::THII8DXANPOOW'!.ETE 'nelJOlWtlNR!VERIlEIlDE. SEND PAYMENTS TO: PAYMENT CENTER PO BOX 17036 BALTIMORE. MO 11297-044B 1,,1.1...11..1.11""'11.111..,,1..1,1,.11,,1,11..,,1,1.1..1,1 367.0D NOW DUE ::~~ ~g~t~&GAR~r~~~~~a~H N~W~~LLr8~A 17241-02B4 1",111",1"1,1,1,.1..,1111.,,,,1,1'1,.1..1..11.,1,,1..11.I,d ,Z> B:l3Z3 I "1" [xk,,!:>,'t S45!00402!!779730004490000b410715 o.e.abWICI~"llIppcdlDnln".....--... a._..~c.-IIII~__In"........."""', DIRECT MERCHANTS BANK. A. YEW OF YOUR RECENT c.HARGES AND CREDITS o'*- -=cull_=--: www.dlr.actrnwchllntabank.com TRANI POST REFERENCE DATE DATE NUIIRR DESCRIPTION PAYIIENTSAND CREDITS OS"U Cl5J14 .1U~tlIr\IIDR7li5 PAYM!NT.THANKYOU PURCHASES, CASH ADVANCES' FEES "FINANCE CHARCF PURCHASU $tll.M CASH ADVANCE $13.55 31.31 CJtSJIT UNllIFDRIIAnDN TOTAL CReDlTLM 'rDTALAlf"lAlLECftEtlIT ~ADVANC!CJtSlITLM1" CA8HAClVAHCe:AYAlLAaECREDlT "'""-.........., "CUlt APV.AHc:E CReDIT LMf POInlOJICIF'YOUltTOTAL ....,... ... ... ,.. .... ... """ leU." YOUR ACCOUNT SUIIII4RY - MAY 2002 ACCOUNT AHD ,....vugrr-~..11a. ACCOIMrNL.-et 5C5I DD<<I~7171 _aALANCI: M1Ln _PAYll!NtDUl! ...... AIIOUNI"PAlTDUI!: H7. P"na!In' MUST.I: ItB:!MlD ay IIDW DUE ""HOIJRS,7DAYSAWEEK ~ IMPAlRED-TtlD CUSTOMERS CAlL: Bn-902..og57 17U1. BALTJMORE,.M:) Z1Z17oU41 . POBDXZ1UD,TlLSA"OK7.1Z1-1:S50 . . WORTANT INFORMA.TlOH. -...- MUST BE PtECE/VEtl BY 1:00 ....." DAY ATTHE PAYWENT PROCESSrNG PAYMENTS, IN ORDER TO BE CREm'ED F'T'HAT DAY. AND PAYWENTS MUST CONFORM TO eTlCHS SET FORTH ON THE REVERSE SIDE. YIENTS RECEIVED AT THE PAYMENT PROCESSING R THA.TTNE WIJ. BE CREDfTED AS OF THE FOU.OWING ~B\JSfNESSMY. 5'~ 03.B XPD , 15020521 t X f'lp~ 1 of Z 8BoD .000 'At) 01A"599. B))Z3 EXHI I . 1~04~ @ I I . " . \\U \\\ \n\\\\\W~ \\\ \\Ui,\\\ \ \\\\\\\\i, u\l,\\ \i . iHI i'i', t ,hI'S it ii ,!tld'"' tit" ~ ~i\. \ \\\\\\\\\\\ \ \\\u\ \U~\\l \\\ \ \ i 1 "ll n, ~ \Il\i\ 'iii ll~' tt <'i I N' · i'l . i hl III \ ,'t~\U \* \tl\ V. W tli'l h;\ rti \\\l \\U\\ nll iiil \fl \\\ l\t\' Hlf, t t _"\ \ll:l. It!1 {tl}" ~. (BPi J \~ i ,5 1 "l I itm \tI, ,tt, it ~ d\t~ i ,i 1\1 1 (ftt . i'lt iI', l!I\' ' Hli I ii \\ \\\\l~\ \\\\llUU\\" \\[ ,i,\\ \\\\\\\,\U\\ \\\\\ I d 1,1 It"lJr! I .,' Ill'" tH"'I, ~ ! 1t\l' \Ilil\~"\ j .{\U lltll\'\\ iutHil'~ ~"I ,\ 1 I r" ", ," ., ..i'ill IN ulilJh '~11\- H nn {i. \,~' ~ hi, luln\i ~.t." '. 'In ht tin ~ ~. I .~ ~ EXHII 1- ------- . . , ~ . l\\\~ t, \\\\ l't\t\\\ \~\\\r\i\\ t\ \~~ \ lIt.i It .t i '.ll' ..\t t ~. l . l, ,I. l - . 3 'li~~' · 'l' {~U' .L..".t ~jj \\\i\\~~ t, l \ t~ \\\t \\n\ Q\~\\\~\\ \U .il .., . 1 t, {. " .,.t. .1..... \1 is I . \1 (,..d. '. ."1 1 \" 11 ..1. 1\\\ "t "1 It \ Ii ,\\\\h\U\' \\\\l\q \\. \ 1\\\ \\\\\\\i\\,\\\l~1~1 t l .1" n\'l 1("" t. i' , "L il 't.lltt...f 1 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification carmot be obtained within the time allowed for filing of this Amended Complaint in Civil Action, and that the facts set forth in the foregoing Amended Complaint in Civil Action are true and correct to the best of his knowledge, information and belief. ~~~v JJes c. Warmbrodt, Esquire Attbrney for Petitioner i , , > > CERTIFICATE OF SERVICE The undersigned hereby certifies that true and correct copies of the within Amended Complaint in Civil Action mailed to the following on this ~ Ja r'\ u.(1~ ,2005, by first class, U.S. Mail, postage pre-paid: day of William P. Douglas, Esquire 27 W. High Street PO Box 261 Carlisle, P A 17013 Respectfully Submitted: WEL 1MAN, WEINBERG & REIS CO., L.P.A. r~ C. Warmbrodt, Esquire . #42524 o eys for Plaintiff 18 oppers Building 36 eventh Avenue i burgh,PPl 15219 ( 2) 434-7955 DOUGLAS LAW OFFICE 'J:7 W. mGH ST. POB 261 CARUSLE P A 17013 TELEPHONE 717-243-1790 WlLUAM P. DOUGLAS, ESQ. Supreme Court 1.0.# 37926 CA VC of Colorado LLC In the Court of Common Pleas of Plaintiff Cumberland County Pennsylvania 04 ,. 5747 Civil Term vs Bryan G. Rickabaugh Civil Action Law Defendant Answer and New Matter 1. Denied. After reasonable investigation the defendant is unable to aBCertafu the truth of the averment and proof thereof is demanded. 2. Admitted. 3. Denied. After reasonable investigation the defendant is unable to ascertain the truth of the averment and proof thereof is demanded. 4. Denied. After reasonable investigation the defendant is unable to ascertain the truth of the averment and proof thereof is demanded. 5. Denied. After reasonable investigation the defendant is unable to ascertain the truth of the averment and proof thereof is demanded. 6. Denied. After reasonable investigation the defendant is unable to ascertain the truth of the averment and proof thereof is demanded. 7. Denied. After reasonable investigation the defendant is unable to ascertain the truth of the averment and proof thereof is demanded. Wherefore, it is prayed that the complaint of the plaintiff be dismissed and judgment entered in favor of the defendant. ~",' \RtQ T~ l:"" . YOU "'~F. ""RHI'l P.::....J c _ u' ,...- '" WRITTEN ReSPONSE r()TM~ ENCLOSED WITKIN iWE.N1"Y (20) OA YS FROM SERVICE HEJIlEOF OR A JUOGMENT MAYBE NTEFlEO :~NS:r~ f. ATTORNEY . , c, (-) -:-h :::-1 '. :. '. ,~ :-/'::--; c') , rrl ::;-j (~J HIBIT (3 New Matter 8. Denied. The aforesaid answers are incorporated herein and reference is made thereto. 9. Denied. Denied pUISuant to Pa. R.c.P. 1029 (e). 10. Denied. All damages claimed by the plaintiff were not the fault of the defendant and were caused by the conduct of the insured. Wherefore it is prayed that judgment be entered in favor of the defendant and against the plaintiff and the complaint of the plaintiff be dismissed. Respectfully submitted, February 18, 2005 AFFIDAVIT I HEREBY SWEAR OR AFFIRM THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY INFORMATION AND BELIEF. TIllS IS MADE SUBJECT TO THE PENALTIES OF 18 PA.C.s. 94904 REIATING TO UNSWORN FAISIFICATION TO AU1HORITIES. DUE TO THE UNAVAILABILITY OF THE DEFENDANT TIllS AFFADA VIT IS SIGNED BY COUNSEL FOR THE DEFENDANT. February 18, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff No. 04-5747 CIVIL TERM vs. REPLY TO NEW MATTER BRYAN G. RICKABAUGH, Defendant. FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARM BRODT PA J.D. #42524 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03367235 EXHIBIT L- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff No. 04-5747 CIVIL TERM vs. BRYAN G. RICKABAUGH, Defendant. REPLY TO NEW MATTER, AND NOW, comes Plaintiff, CACV of Colorado, LLC, by and through its counsel, WELTMAN, WEINBERG & REIS, CO., L.PA, and files the within Reply to New Matter, averring in support thereof the following: 8. Paragraph 8 of Defendant's New Matter contains no averments to which a response is required. To the extent that a response may be required, Plaintiff incorporates paragraphs 1 through 7 of its Amended Complaint as though herein set forth at length. 9. Paragraph 9 of Defendant's New Matter contains no averments to which a response is required. 10. The averments contained in Paragraph 10 of Defendant's New Matter constitute conclusions of law to which no response is required. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant in the amounts demanded in its Complaint. WELTMAN, WEINBERG &7REIS' CO. L.PA - ? ~0rvM JAM C. WARMBRODT PA , . #42524 W t an, Weinberg & Reis Co., L.PA 27. Koppers Building 47th Avenue ttsburgh, PA 15219 412) 434-7955 CERTIFICATE OF SERVICE The undersigned hereby certifies that true and correct copies of the within Plaintiffs Reply to New Matter mailed to the following on this ;( ~ day of re1ovucvt?-, 2005 by first class, U.S. Mail, postage pre-paid: William P. Douglas, Esquire 27 W. High Street PO Box 261 Carlisle, PA 17013 Respectfully Submitted: WELTMAN, WEINBERG & REIS CO., LP.A. . Warmbrodt, Esquire #42524 ys for Plaintiff oppers Building eventh Avenue sburgh, PA 152HI '412) 434-7955 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for filing of this Reply to New Matter and that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. s C. Warmbrodt, Esquire fney for Petitioner / {/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNlL DIVISION CACV OF COLORADO, LLC ) ) Plaintiff, ) ) v. ) NO.: 04..5747 ) BRYAN G RICKABAUGH, ) ) Defendant. ) PLAINTIFF'S INTERROGATORIES. REOUEST FOR ADMISSIONS AND REOUEST FOR PRODUCTION OF DOCUMENTS Plaintiff demands that the defendant answers and responds 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 defendant answers and responds 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 400 I, 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 iluch 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 "person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "documentCs)" 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 person who have possession, custody, and control of said document(s). If any such document was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify", when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (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 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 such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period oftime more fully described in the pleading ill 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. INTERROGATORIES INTERROGATORY 1: IdentifY each and every individual, entity or otherwise, who responded or in any way assisted in providing responses to the Interrogatories, Requests for Documents and/or Requests for Admissions contained herein, including but not limited to, for each: A. Names and last known addresses; B. Telephone numbers C. Relation to Defendant; and D. Basis of knowledge of information provided. ANSWER: INTERROGATORY 2: List the date(s) and amount(s) of all purchases made by Defendant on the subject credit card account no. 5458004028877973 referenced in paragraph no. 3 of Plaintiff's Complaint herein. ANSWER: INTERROGATORY 3: List the date(s) and amount(s) of all payments made by Defendant, or on Defendant's behalf, to the Plaintiff on the subject credit card account no. 5458004028877973 referenced in paragraph no. 3 ofPlaintitI's Complaint herein. ANSWER: INTERROGATORY 4: Please identify any and all witnesses you intend to call at trial, including any and all expert witnesses. ANSWER: REOUEST FOR PRODUCTION OF DOCUMENTS REOUEST FOR PRODUCTION OF DOCUMENTS I: Produce any and all documents evidencing proof of all payments on the subject credit card referenced in the Complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, flDanciaI 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 oftriaI. REOUEST FOR ADMISSIONS REOUEST FOR ADMISSION NO.1: Attached hereto as Exhibit" 1 " is a true and correct copy of the credit application for account no. 5458004028877973 signed by the Defendant. Admitted Denied If the answer to Request for Admissions No. I is "denied", then supply specific written documentation supporting the denial. REOUEST FOR ADMISSION NO.2: Attached hereto as Exhibit "2" is a true and correct copy of the Cardholder Agreement for account no. 5458004028877973. Admitted Denied If the answer to Request for Admissions No.2 is "denied", then supply copies of canceled checks, both front and back, and/or if not available, specific written documentation supporting the denial. REOUEST FOR ADMISSION NO.3: Defendant is required to make monthly payments to Plaintiff on any outstanding balances owed on the subject credit card account no. 5458004028877973. Admitted Denied If the answer to Request for Admissions No.3 is "denied", then supply copies of canceled checks, both front and back, and/or if not available, specific written documentation supporting the denial. REOUEST FOR ADMISSION NO.4: Defendant has made no payment on the credit card since May 14, 2002. Admitted Denied If the answer to Request for Admissions No.4 is "denied", then supply specific written documentation supporting the denial. REOUEST FOR ADMISSION NO.5: Attached hereto as Exhibit "3" is a true and correct copy of the statement of account no. 5458004028877973 as of May 21, 2002. Admitted Denied If the answer to Request for Admissions No.5 is "denied", then supply specific written documentation supporting the denial. REOUEST FOR ADMISSION NO.6: Defendant has not submitted any written dispute as to any accounting inaccuracy concerning the amounts demanded by the Plaintiff on the subject credit card no. 5458004028877973, Admitted Denied Ifthe answer to the Request for Admissions No.6 is "denied", then supply copies of specific written disputes as to any billing inaccuracies. REOUEST FOR ADMISSION NO.7: The balance owed by the Defendant to the Plaintiff on the subject credit card no. 5458004028877973 as ofJuly 10,2002 was $6442.87. Admitted Denied If the answer to the Request for Admissions No. 7 is "denied", then supply copies of specific written disputes as to any billing inaccuracies. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. ~ / .. !.-.. wvv es C. Warmbrodt, Esquire !.D. #42524 (tman, Weinberg & Reis Co., L.P.A. 2 18 Koppers Bldg. 36 Seventh Avenue ittsburgh, PA 15219 (412) 434-7955 WWR: 03367235 EXHIBIT I !S~ z~t:D ~ 0'" n c: CIO '< - '" :=0 i:! ~ .:: \,01 II> o ~ .... ~ @':f' ~ I c;s:ri. ~m ,a0 ,......m r:=r:= -< c: ::r::! ~ a It II> CD.... -:r 0'" ~ "0 9: m =-G)oC ~ ~~ " -Q> Ill'" I!'I 1- 3,':" et =' -va.... '(30. ~ 0 5!'ac;:::; ~$ >ral' ~~ .,.. =' qt. ==sCD~ ~ ~E:'" g...... CD Uln-- ~CD --.JoD" ~o. ..... .. =-::1 = ~~ NOQl 0.1>> '" ~l':l::t~scn .,..o.c ~~ ~ ...etCDCD ~ Q -. 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MO 2l297.0448 1..1,I.ull..I.II.I..IIIIIII.."I..I.I,,"..I,II....I,I.I..I,1 ~~kt~~GAR~r~~~~fi~H N~W~rLlt8~A l724l-0284 1...11I...1..1,1.1"110,1111.,,,,1,11,,1,,1..11,,1,,1,,11,1..1 '" 833%3 [X'k.'h,'t 'j" 545500402557797300044900006410715 ~1IIlII__"".!DIIa"""""''''''''' .._.....,...c-IIr_____~...__...... DIRECT MERCHANTS BANK. A. VIEW OF YOUR gCDT CJIAItGElAJft) CItEDIT$ OJ*>> 1ICCCU'lI.c:c:.a: www.dhc~k._ TIWlI /'OIT _ DAn DA.TE NUllBER D!:SCRIPTIDN PA YIIENTI AND CREDITS 0S'14 DIM ~lIa~;' t21..JIDIIttcas PAYWENT. THIHK YOU ~ CASH ADVANCE.. F!!!S "FINAHCECH.t.PtGr ~f1U4CA$HAOVANCI$tUS CA-----,: SERYICE CSN7St: FROM 0l1TSJDE nE u..s. CAU. ca.J.E:r: .go..a: -sem PA"YWEtfn TO:")'AYII!NT- MAl. HaWaE$ TO: NO'TlCE:SEE """" ~LIH~TION -...-.... TOTALAVAlAa.I ~ ~ADVANCICRm:IIfl.N'r CAlMAl:N~AV~CIIEPIT """"""......., 'CA.M ADYANCI CRIIlIf UMIT I'CIJmCllI or'YOUJtTbTAL ....,... .... .... .... ..... ... "'" "...,. YOUR ACCOUNT SUIaIARY - MAY 2002 ........,........ AND ,.A.YIIBCT~'nI:III 4C:CCLItr,..,.,. .........,~ _UlAHCI W1U'r _",A,\'II!II't1lUl ..... AIIDtlIfJ,..U'TliUI!' :u:r.. ~AYIIBIl''''''1II JtED'm.., NOWDUI . "_.'<>AYS.WEEK ~ UPAUtED-TDO CUSTDMERS CALL.: In-t02-0M7 17G31,.~iwofl!.-II):12I1-o441: .: . ~ eox 1'1'" T\IL.SA, OK 7"1}1~15SI1 IMPOIrrAHT tIFORWA TlOH. :..dIrRIm-A_,:bd)..JI....... WSTBE; RECEIVED J"( 1:OO,.JlI.. D.t,Y AT TtE P'''YUENT PIitOCESSIHG P...~.IH 0RmIt 7'0 Bf atEDfTED nM.T DAY. AND PAYMEHTI MUST CCINFORII TO lilE't POPmt ON THE! ftEVEftSE stDE. NENTS ftECElVEDATTHE PA'fIIEHT~ 'TliA"TlllEWLLIEClllEDlTlDMOFTtE FOI..LOWINGi BN<< BUSINESS DAy. 5')4 DJ4. ]'11 , , JS llZllSZ1 tIP'pt}otl DDD 40DD '4C1 Dl.l.kSU4 1332:3 EXH' t 81~04[! ill I I CERTIFICATE OF SERVICE A true and correct copy of Plaintiff's Interrogatories, Request for Admissiqns, and Requ.est for, Production of Documents has been served by U.S. Mail, on thed 7lP day of -M f( I ,2005, upon the following: William P. Douglas, Esquire Douglas Law Office 27 W. High Street PO Box 261 Carlisle, PA 17013 ~/ By: . J s C. Warmbrodt, Esquire VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the 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. ~ II tJ CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiffs Motion for Summary Judgment has been served by U.S. Mail, Postage Pre-Paid, on.1fY2. day o~Ll)l.t.=----, 2005 upon the following: William P. Douglas, Esq. Douglas Law Office POB 261 Carlisle, P A 17013 BY: C) ~.:l i ~ (~ -;, I'..) , ~) -J , ::< PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sutmitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next ArglInent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entiIe caption must be stated in full) CAC- \J or G\acJc) ( Plaintiff) vs. ~Ci\ G-'~\cl~~~ ( Deferxiant ) No. C)=rLfl.. Civil ~()oo c( 1. State matter to be argued (Le., plaintiff's rrotion for new trial. deferxiant's demurrer to complaint, etc.): 2. Identify counsel who will argue case: Weitman, Weinberg & Rels Co., L.P-A. 2718 Koppers Bldg. 436 7'" Avenue PiIIsburgh, PA 15219 (412) 434-7955 LA).\\,c..vYI D:x.B. ~ \c...s fO &;,x :i:d( Cc,k')le.( \) -^ \ 1<A3 3. I will notify all parties in writing within 1:1010 days that this case has been listed for argunent. (a) for plaintiff: l\ddress: (b) for defendant: l\ddress: 4. AI:gtnent Court Date: c \ \ c- --~..~- 2"5 \ QCDe> r-<l (:~.,:" C;:.) C/~ o "n .-< :c: l~':"J en G CACV OF COLORADO, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-5747 CIVIL BRYAN G. RICKABAUGH, Defendant IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS AND OLER, J.J. ORDER AND NOW, this /1" day of January, 2006, the defendant having failed to file a response to the motion of the plaintifffor summary judgment, as required by Pa.R.C.P' 1035.3(a), and, further, having failed to deny any of the plaintiffs requests for admissions and having raised the issue of the proper identity of the plaintifffor the first time at oral argument and, it appearing that the matter is otherwise ripe for summary judgment, the motion of the plaintiff for summary judgment is GRANTED and the plaintiff is awarded judgment against the defendant, Bryan G. Rickabaugh, in the amount of $6,442.87 plus interest at the legal rate from the date of judgment, plus costs. BY THE COURT, /'nes C. Warmbrodt, Esquire For the Plaintiff , 71 ,/Vllliam P. Douglas, Esquire ~ iZ. ~ For the Defendant \': :rlm ~. <"( rX(y (0 ~ \J r< 1'" .,'.: , 21 ,"-. 4\\...; , ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION CACV OF COLORADO LLC PlaintitT Case No.: 04--5747CIVIL TYPE OF PLEADING vs. PRAECIPE FOR JUDGMENT PER ORDER OF COURT BRY AN G RICKABAUGH Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA l.D.#47437 Weltman, Weinberg & Reis Co., L.P,A, 2718 Koppers Bldg, 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR # 03367235 $6,442.87 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE, ~ ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA CIVIL DIVISION CACV OF COLORADO LLC Plaintiff Case No.: 04--5747CIVIL vs. BRY AN G RICKABAUGH Defendant. PRAECIPE 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 Summary Judgment in favor of Plaintiff on January 11,2006, kindly enter Judgment against the Defendant, BRYAN G RICKABAUGH, in the amount of $6,442.87 computed as follows: Amount A warded per Order: $6,442.87 Interest from the date of judgment at the legal rate of6% per annum: $0.00 TOTAL: $6A42.87 Attached is a copy of the Court Order in favor of Plaintiff for Judgment. WEL TMAN, WEINBERG & REIS, CO., L.P.A. By: ~ William T, Molczan, Esquire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 PlaintitTs address is: clo Weltman, Weinberg & Reis, Co., L.P.A., 2718 Koppers Building, 436 7'" Avenue, Pittsburgh, PA 15219 And Defendant's address is: 1083 GRAHAMS WOOD RD.,NEWVILLE,PA 17241 - .. CACV OF COLORADO, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-5747 CIVIL BRYAN G. RICKABAUGH, Defendant IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS AND OLEK LT. ORDER AND NOW, this 1/" day of January, 2006, the defendant having failed to file a response to the motion of the plaintifffor summary judgment, as required by Pa.R.C.P. I 035.3(a), and, further, having failed to deny any of the plaintiffs requests for admissions and having raised the issue of the proper identity of the plaintiff for the first time at oral argument and, it appearing that the matter is otherwise ripe for summary judgment, the motion of the plaintiff for summary judgment is GRANTED and the plaintiff is awarded judgment against the defendant, Bryan G. Rickabaugh, in the amount of $6,442.87 plus interest at the legal rate from the date of judgment, plus costs. BY THE COURT, James C. Warmbrodt, Esquire For the Plaintiff --;{ William P. Douglas, Esquire For the Defendant :r]m 00::V1~ c A:) \.) """'- ~ 1\:- ?jt -.(j r' D r ......... ~ (). ~ -U f',l ~ D ': ~ .1 F- , " ,,,.;. Qr -" :-.;:! ~ , -r: p'-, ~ E C.: '" f" 0- r~ ,) (;) r".) ~ r - - c.) C:') -. . .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO LLC Plaintiff Case No.: 04--5747CIVIL vs. BRY AN G RICKABAUGH Defendant. NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendants ( ) Garnishee You are hereby notifie~ thF following Order or Judgment was entered against you on Z~ .!::! :J;;J, \ ;) /"Vl t.... (xx) Assumpsit Judgment in the amount 01'$6,442.87, plus interest at 6% per annum, plus costs. () Trespass Judgment in the amount of$_pluscosts. () If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, P A. (xx) Entry of Judgment of (xx) Court Order () Non-Pros () Confession () Default () Verdict () Arbitration A ward () By Consent Prothonotary BRY AN G RICKABAUGH 1083 GRAHAMS WOOD RD NEWVILLE,PA 17241 ~B~ ~~~Q'~o/h?AJ PKOTIIOHOTAR'; (OR DEPU ) THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff No. 04-5747 Civil vs. PRAECIPE FOR WRIT OF EXECUTION BRYAN G. RICKABAUGH Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA 1.0. #47437 WEL TMAN, WEINBERG & REIS CO., L.P.A. 27 18 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#03367235 . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. Civil Action No. 04-5747 Civil BRYAN G. RICKABAUGH Defendant PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above rnatter... I . directed to the Sheriff of Cumberland County: 2. against Bryab G, Rickabaugh, Defendant 3. Judgment Amount $ 6,442.87 Interest $ 198.05 $ 92.50 $ 6,733.42 Costs SUBTOTAL: Costs (to be added by Prothonotary): $ WEL TMAN, WE BERG & REIS CO., L.P.A. By: William . Molczan, Es PA I.D. #47437 WEL TMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#03367235 t: ? '+ ~ ~ 1\. -~ QJ~~ t~~ - (') ,. t k\ l :k~ . ~ g f:f? ~ ....... -cq.. 0- ~.()~ ~-c;; , ...- o "lOVl t) ~ C Q C 0 C 0 \ "'D;)~ ... 0 ~ ~ ~ .... ~ .. ... fJ4:j:tl ~ ::--~ ~::?' 0 .;:::; --n t, ~--n f.::_~ C1'1C ,,) I' \ I C' -0 --. ~ ir'n o :.;;: :J:1 c:) "..<_ -' .' . t..,. . .. WELTMAN, WEINBERG & REIS Co, LP.A ATTORNEYS AT LAW 2601 Koppers Building 436 Scwnth Awnue Pittsburgh, PAIS 219 (412) 434-7955 CLEVELAND. COLUMBUS. CINCINNATI. PITTSBURGH August 28, 2006 RE: CACV vs. RICKABAUGH COURT #: 04-5747 CIVIL TO THE SHERIFF OF CUMBERLAND COUNTY: PLEASE LEVY ON ALL PERSONAL PROPERTY OF THE DEFENDANT(S) AT THE FOLLOWING ADDRESS(ES): BRYAN G RICKABAUGH 1083 GRAHAMS WOOD RD NEWVILLE,PA 17241 PLEASE CONFIRM SERVICE BY SENDING NOTICE TO: WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WRIT OF EXECUTION and/or ATTACHMENT ..' l COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5747 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 BRYAN G. RICKABAUGH, 1083 GRAHAMS WOOD RD., NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF THE DEFENDANT. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of 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 $6,442.87 Interest $198.05 Atty's Cornm % Arty Paid $110.00 Plaintiff Paid Date: SEPTEMBER 6, 2006 L.L. $.50 Due Prothy $1.00 Other Costs $92.50 Prothonotary By: (Seal) Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 4\"t~ of ~ ~ "" RONNY R. ANDERSON Chief Deputy R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF JODY S. SMITH Real Estate Sergeant One Courthouse Square Carlisle, Pennsylvania 17013 () C :<:'" -vci; nlp' ~~~,'. -....-'-': r;:.c., CACV of Colorado, LLC }?;(; ~ ...~.o V s ::..;; c: w Bryan J. Rickabaugh 3;;" Writ No. 2004-5747 Civil Te~ C;; Property Claim Determination /' 11/22/06 ,...::I = ~ c- ~ :z:; I W ~ ~ rn:D Ff1 :By l;~ (.~, .~~ 1 1 .-~:- -11 '~;;o om --I ~ ':< Dear Sir, Reference is made to Property Claim dated November 22, 2006, entered by Corine Rickabaugh, pertaining to Writ of Execution No. 2004-5747 Civil Term, Mary CACV of Colorado, LLC -vs- Bryan G. Rickabaugh. R. Thomas Kline, Sheriff, has determined that the claimant, Corine Rickabaugh in the above mentioned property claim, is prima facie the owner of the property set forth therein. So Answers: ~~~.t, ThOct Klin~, Sheriff By I I JJ b L~ ~-12UJ0dt/1 / cc William Molczan, Atty for Pltff Bryan G. Rickabaugh, Deft. Corine Rickabaugh, Claimant -- Nev. 9. 2006 2:55PM Cumberland Co. Sheriff No. 7582 p, 3 PROPERTY CLAIM In the Court of Common Pleas of Cumberland County, Pennsylvania \. ....... CAvf of Colorado LLC Writ No. 04-5747 VS Bryan G. Rickabaugh TO THE SHERIFF OF CUl\llUi~RLAND COUNTY, PENNSYLVANIA The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thc:reofare: LIST OF PROPERTY VALUE See attached Levy list with prices highlighted. All propert1es held as tenaLlts by a'll;! eH~iretieb. THE CLAIMANT OBT AmED TITLE TO THE PROPER'fV AS FOLLOWS: Bryan G Rickaba1lgh and CorinQ Bickabaugh, the claimant herein, h3ve been married oinee Septamber. 1988. All itcmo were purchaoed jointly 83 marital property. HU8band only Had elothing WhSR they married. II /1 4 10 b , I d.Una'" ,~ ~L '4Jd~, Date State of Pennsylvania: County of Cumberland Cori~~~ickabaugh above list in the. propcrty claim arc correct and true. bc;:ing duly sworn according to law, deposes and says that tile ~4 '~~d~ C><j Claimant Sworn and subscribed to before: me ~~06 No Publk ......... Anne .. Cox. Natary PuMIc Cart... BonNIgh, C.......nd County My COIIIIIIIMIon ...... ....... 3. ... Nov. 9. 20060 3:04PM . :S:iabl~ ~ --.:.- hairs . '-I3 et . Lam ---' _Si e . ugs Pictures _ Chinaware Hutch KitChen d:; -L.Dinette Ta.ble- too.. - -L Chairs ... & - 50..' ...LMicrowave-S-o - c..oMp~- /i>{) .- ..L.Utensils'tJ .- pri 1'\41 - 60- / - ,,,0 - ~PotsfPans de.6k: - ~o .- _Iron. . Ironing Board --::T Refrigerator - 1ft> 0 .... ZStove~lectric 3 '5'0 . ,- -LWasher ~s-'o - .. ~_DIyer ;).-00 - ZFreezer I ,,0- -LMixer I Z- - _Blender . _FoodProc. _Television Radio . J Coffee Pot -.L Toaster J Telephones .- ,. Bedrooms Bed ~ \~~er!1nlrro' Lamps Rugs Bureau 4 elii'. . Night Stmld Television Radio Stereo CiocktRod.io . Telephone Cedar Chest Computer Computer Printer ~i.tiOnlXbOX .:it;j..... C VD Vl eo Games Cumberland Co, ~D- q- / '0 - . ..ilL 2 2nd :2 -::r ~. d. --r / .....:L- She r I f f~edrooms Bed Dresser Chairs Lamps Rugs Bureau Night Stand Television/ Vc..~ Radio' Stereo Clock! ~ Telephone Cedar Chest Computer Computer Printer PlaystationlXbox VCR DVD Video Games 4'No. 7583 ~;. 3 10 () - q-o - 3m Z ~ Z It) - "'7 C/o - 2 10 - Garage/Shed . n Lawmnower I t 00;...../ Johl' 1x.erc Kid; (\3 Hand Tools i OCO - / PowerSaw 41-7 - 1C{)"'LX.ecL ~ Power Drill (pO - v = 15D -Pc LUt'.-r no..! l ~tr Garden Tools /50- / ~ +: Sporting Equipment _ - 3 e. n'~ - 5O-tJotl' i:~ing Equipment - -:100- Elu..~L LGddei Bicycles zt>b -t'J.. tt. EJ:. lo,.dd.el Snowmobiles ~o -'ore.h 4 To..n.K.5 Snowblowers 300 ;-\-.\Cf\d.o- (\-rv aso Fou..r-tr~'3t>l'- . '1tJ - ~b~ ~~o-('(\e-ta...l tn:uJ~ /Y'I~ T~lb, . Ja.. LL...JO--W ))el~'2.t1- L-r~e..r6~-' Compre.t>50t" COft\ptx?l ( l-t0..u5-\="e.1 d.- '3t:J~-= C ha..Lr"l ~\..) &'ho Cft>.;. . FQn ,- 1l40- 8D-~l2i CJ'lQf~e.(" Cra..ft.5fY\CLf\ ~D- 'brltl ~s'& 7;J..,. Sk'd.t ~ 4~- (h (' i l"\d....~()3 Go) lu.-L. '-{ - u:>k..uJ 0 2. e 0 - Vl.C.L.- - ^ '30-- Miscellaneous. 1\ \ L.U'r'> \. t\ 1.J..\-r... \ c...cldu--' lc-ft. D _I - ~ z5 ror~ 5Wi".,3 Sf)- C.C rn rnerQ..\ oj C huS \3\O~ I ~ ri l ~ ~ - ~lU'\ ~\_\\e-t ~ 50 - ~~6 19, 0..0.... U. bo...\<e.\ Re.l\'\~~'\a.-tol\ "-' -......J 2.tXJ- . 4 to -- 2-bO-- 30 -Ot> S~~ 1..0/ $C!..cp.L 1'50 - Q,Q-c1&J R<:?mj ,.."-h-..,, wl'$d.~ 10 - !)o /2- - J7 :y-- J --L'/t,'!- .-L . Gt>- 20 - Cumberland Co. Sheriff Model caV~ J;:) 1"'1> /' Defendant n . . Bnan 't::lc.K(L6~ Model 1.0 0 - AlW-E: Ca1@'e) /;). I)()u.J::iL.I1.c;.'}'Iarr'AS lA1-.rvfJ.viLNo. (;)(Xlj - 51 lj? . f3a.rreJ ~cnon Checklist: I<d Make L0, ().~1::0 I Model a ...1. Explain Execution Serial CalIGauge d d. -lO 2. Explain Levy 3. Explain Time Limitations ~ .....4. Explain Sheriffs Posting ;)4 3 l~ 5.. Explain Property Claims 6. Defendant can't move, giveaway, se14 barter or take out of the County of Cumberland 7. Penalties for non compliance to laws Make W i f"\e.kt,~ I Model Serial Cal/Gauge w~p..e,- Misc. ehicles (Boats, Snowmobiles, Trailers, Etc) PAl Make FOR D Tag fE.RS ~ ILJ5 Condition PooR .~-----~. ( ~ ()' r:_ it ~;Seat ~) o Model Bronc..o rL.Lu.. 61'~ I CI:iiift--~ . ~Tables 3 Vin IFfllEljI5J-lIHLAlg()'l'1 ~ ~ Lamps ..L Tag Y {( H I n :),~~ I PA Misc. Furniture _ Rugs _ Pictures Mirrors --r-r Television v VCR -L DVD Desk Computer Computer Printer Fax Machine Stereo Z Grandfather Clock .Gun Cabinet Video Games Answering Machine Play StationlXbox_ Re.e..LL~\ I '2-S ~ EfJLrt.~fY) ~I\..f ~r-:2. 0 () Cor ~(" \-\ u..:t.c.h. I a 0 - Date Served l C - d ~~ 0 La cx)3o / PA Served By Ke..ll{ rn, M(Tj'~~ ",' I~OV. ~. LlJlJbre j:1J4PM Make fYlo5eber-3 . Serial - . Make Serial Make FClr-A .:" Condition Po () r /'" /700 7 Model Tru.rj.( F 186 XL Vin , f'T C F i 0 F.;t c.;J A Y l g yo Make_Fa ,-d.. Tag t-Jo T ~ lq (pq . f . '\ Condition F""cu.r \l='r'~5 Ve.h;~.J !)oO'~ . . Model C.o~ CLr Vin .q F'iJ 14 5 {()~~qs Make_l=O rd Tag No 1~3 Condition F' ~L r 5' DO"" Model C:ouso--r ViTI. 1 mE.Bmloo4 ~:r\::L1.d1J f1'7lo ~ord E8F . / fx:~ UfDoD . E )l. P 10(," e.....- I F'lnDU7 3E:q~ UC-o/l./l1 Execution-Levy ,ll'OfINo. 7583 p 2 ~ 1100- S'() (rE. lOt> - 50 - ..- 1 ~ - 3D -- 5"0 - Z G :0\ \j \11 ;\ON quill I .".-.., ~ ~ ~ ----- ------------- ~ =-UiJ C'u = c?2> [ffi Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff s Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 18.00 1.41 .50 1.00 10.56 20.00 20.00 71.47 ~~ I E :01 'V S I d]S qUal '~Id ") 1;,,;'1.';'" -!.Jlv.~I,,,lstu,..,",,, <' ~.... a.:J j~t =l t '~J ! -. -11 - ,:,zO j::!f.:! Advance Costs: Sheriffs Costs: $ 150.00 71.47 78.53 Refunded to Atty on 12/27/06 So Answers;.....-. ~~~ R. Thomas Kline,'Sheriff . I 01 () " it _ \") ,1'\" ~JwlL hythiOOftA. Bre~a'ker- C) -c V; -....} """ ~ $1.50 {It-lF 5~858 eec-. 187508 :U'j] , =~=:::J ,..~ UW] WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACV OF COLORADO, LLC, Plaintiff (s) NO 04-5747 Civil CIVIL ACTION - LAW From BRYAN G. RICKABAUGH, 1083 GRAHAMS WOOD RD., NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF THE DEFENDANT. (2) You are also directed to attach the property of the defendant( s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garmshee(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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,442.87 Interest $198.05 Atty's Comm % Atty Paid $110.00 Plaintiff Paid Date: SEPTEMBER 6, 2006 L.L. $.50 Due Prothy $1.00 Other Costs $92.50 ~ (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 SHAPIRO LAW OFFICE, P.C. Kenneth S. Shapiro, Esq. Attorney I.D. #26850 P.O. Box 20 712 Darby Road Havertown, PA 19083-0210 (610) 668-0707 THE PROIHONQ 'A3e 2014 OCT 10 PM 12: 17 CUMBERLAND COUNTY PENNSYLVANIA No. of Pages 1 Court Of Common Pleas CUMBERLAND County, PA CACV OF COLORADO, LLC Plaintiff v. Bryan G. Rickabaugh Defendant(s) CIVIL CASE NO. 2004-05747 ENTRY OF APPEARANCE TO THE DIRECTOR OF THE DEPARTMENT OF COURT RECORDS OF CUMBERLAND COUNTY, PENNSYLVANIA (CIVIL DIVISION): Kindly enter my appearance on behalf of CACV OF COLORADO, LLC, Plaintiff herein. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below: Dated: OCT 0 7 2014 EX201 Kenneth S. Shapiro, Esq. Attorney ID # 26850 Shapiro Law Office, PC P.O. Box 20 712 Darby Rd. Havertown, PA 19083-0210 Telephone # 610-668-0707 FAX # 610-668-1815 Respectfully submitted, SHAPIRO LAW OFFICE, P. S. Sharp ro(Esq. For the firm