HomeMy WebLinkAbout05-2775
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
PlaintitT
No, 0:/,.2 77)' 0.;..:J -r;:...
YS,
COMPLAINT IN CIVIL ACTION
JAMIE R HA VER,
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,
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, P A 15219
(412) 434-7955
WWR#04219957
.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs,
Civil Action No, 0)- ..21'1 <{ Q.,w.;.,( ,.........
JAMIE R HAVER,
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 tiling 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 moncy 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 SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
.
COMPLAINT
I, Plaintiff is a corporation with offices in 685 I Jericho Turnpike #] 90, Syosset, NY 11791,
2, Defendant is an adult individual residing at 82 LINDA DR LOT 21, MECHAN]CSBURG,
PA 17050,
3, Defendant applied for and received a credit card issued by Plaintiff bearing (he account
num ber 5291071568778656.
4, Defendant made use of said credit card and has currently a balance due and owing (0
Plaintiff: as of May 24, 2005, in the amount 01'$ ],968,56,
5, Defendant is in default of the terms of the cardholder Agreement having not made monthly
payments to Plaintiff thereby rendering the entire balance immediately due and payable,
6, Although repeatedly requested to do so by Plaintiff: Defendant has willfully failed and/or
refused (0 pay,
WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant. JAMIE R
HA VER, individually. in the amount of $ 1,968,56 additional interest at the legal interest rate of 6% per
annum from the date of judgment 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.PA
William T, Molcza , Es
PA I.D, #47437
WEL TMAN, WEINBERG & RElS CO" L.P.A,
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#:042 I 9957
VERI FICA TION
The undersigned does hereby verify subject to the penalties of 18 Pa, C.S, ~4904
relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and
makes this Verification based upon the facts as supplied to him by the Plaintiff because the
Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained
within the time allowed for the filing of this pleading; and that the facts and circumstances set
forth in this pleading, are true and correct to the best of his knowledge, information and belief,
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-02775 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK
VS
HAVER JAMIE R
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
HAVER JAMIE R
DEFENDANT
, at 1826:00 HOURS, on the 20th day of June
at 82 LINDA DRIVE
LOT 21
MECHANICSBURG, PA 17050
by handing to
JAMIE HAVER
together with
a true and attested copy of COMPLAINT & NOTICE
the
2005
and at the same time directing His attention to the contents thereof.
So Answers:
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
6.66
.00
10.00
.00
34.66
r~r'~~~
R. Thomas Kline
06/21/2005
weLTMAN we,"B'R~ II( f
By: j/UJU \ f)'
Deputy Sheriff
Sworn and Subscribed to before
me this .I.3~...... day of
0,." ,J.-/J1):5 A.D.
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r thonotary J~
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK,
Plaintiff
vs.
Civil Action No, 05-2775 CIVIL TERM
JA/'l1.i~
MlME R,HA VER
K..'-D-
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: () Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
ordertf~gment was entered against you
on s,..:J,1X>-S
(xx) Assumpsit Judgment in the amount
of$1968,56 plus costs,
() Trespass Judgment in the amount
of$~~ plus costs,
() If not satisfied within sixty (60)
days, your motor vehicle operator's license andlor registration
will be suspended by the Department of Transportation, Bureau
of Traffic Safety, Harrisburg, PA,
(xx) Entry of Judgment of
() Court Order
() Non,Pros
() Confession
(xx) Default
() Verdict
() Arbitration
Award
Prothonotary
By:
PRO
JAMIE R HAVER
82 LINDA DR LOT 21
MECHANICSBURG,PA 17050
Plaintiff's address is:
clo Weltman, Weinberg & Reis Co" L.P,A, 2718 Koppers Building, 436 7'" Avenue, Pittsburgh, PA 15219
1-888-434-0085
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL DIVISION
CAPITAL ONE BANK,
Plaintiff
No, 05,2775 CIVIL TERM
YS,
PRAECIPE FOR DEFAULT JUDGMENT
J1+trl.(E
JAI~ll': R.HAVER
/(CD
Defendam
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
WILLIAM T. MOLCZAN, ESQUIRE
PA I.D,#47437
Weltman, Weinberg & Reis Co" L.P,A.
2718 Koppers Bldg,
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#042 19957
Judgment Amount $ 1968,56
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK,
Plaintit!'
vs,
Civil Action No, 05-2775 CIVIL TERM
.JRt'lt1 E-
:f1'rlMt: R,HA VER KC(:"
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
..JF/I11./1?
Kindly enter Judgment against the Defendant. HrlME R,HA VER above named, in the default of an Answer.
in the amount of$1968,56 computed as follows: K.co.
Amount claimed in Complaint
$1968,56
Interest from date of judgment
at the legal interest rate of 6% per annum
$0,00
TOTAL
$1968,56
J hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with P A
R,C.P. 237, J on the dates indicated on the Notices,
WELTMAN, WEINBERG & REIS CO" L.PA
By . ,~--:ih
WILLIAM T, MOLCZAN, E UlRE
PA I.D,#47437
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Bldg,
436 Seventh Avenue
Pittsburgh, P A 15219
(4J2) 434-7955
WWR#042I9957
Plaintiffs address is:
clo Weltman, Weinberg & Reis Co., L.P,A" 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 82 UN DA DR LOT 21
MECHANICSBURG,PA 17050
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK,
Plaintiff
Jfl.f'!.IE:
~ R. HAVER K..c.6.
05-2775 CIVIL TERM
Defendant
IMPORTANT NOTICE
TO:
Jamie R Haver
82 Linda Dr Lot 21
Mechanicsburg,Pa 17050
Date of Notice: _JULY 18 2005
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALL Y OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND
YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS NOTICE TO
A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
WELTMAN, WEINBERG & REfS CO, LPA /"
~ --;VV/
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK,
Case no: 05-2775 CIVIL TERM
Plaintiff
NON-MILlT ARY AFFlDA VIT
vs,
,J Ami €"
WME R,HA VER
JC.c.o
De fend ant
The undersigned, who first being duly sworn, according to law, deposes and states as follows:
That he/she is the duly authorized agent of the Plaintiff in the within matter,
Affiant further states that the within Affidavit is made pursuant to and m accordance with the
Servicemembers' Civil Relief Act (SCRA), 50 U,S,c. App, 9 52l,
JFlJ"Il..Ji;
Affiant further states that based upon investigation it is the affiant's belief that the Defendant, MIME
R,HA VER is not in the military service, KC.()
Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data
Center (DMDC), which states that the Defendant, JAIME R,HA VER is not in the military service,
Further Affiant sayeth naught,
-
"''''-
"1:'..
This law linn is a debt collector attempting to collect this debt for our client and any information obtained will be
used for that purpose,
<W'1U"" ror Military Status
Page 1 of 1
Department of Defense Manpower Data Center
A Military Status Report
'WI Pursuant to the Service Members' Civil Relief Act
AUG-02-2005 06:44:28
1', Last Name First/Middle Begin Date I Active Duty Status I Service/ Agency
HAVER Based on the information you have furnished, the DMDC does not
possess any information indicating that the individual is currently on
active duty.
Upon searching the information data banks of the Department of Defense Manpower Data Center, the
above is the current status of the individual, per the Information provided, as to all branches of the
Military,
---t::?w ~f~ ~~_
Robert 1. Brandewie, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd" Suite 400
Arlington, V A 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems,
The Department of Defense strongly supports the enforcement of the Service Members Civil Relief Act
[50 USCS Appx, ss 50 I et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940),
DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced a small error rate, In the event the
individual referenced above. or any family member, friend, or representative asserts in any manner that
the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are most
strongly encouraged to contact us by Fax at (703-696-4156) or by phone at (703-696-6762), We will
then conduct further research. Your failure to re-contact DMDC may cause provisions of the SCRA to
be invoked against you,
This response reflects current active duty status only. For historical information, please contact the
military services SCRA point of contact.
See: http://wWVf.defetlselinls,miUtaq/pis/PC'09SLDRJJtml,
Report /D.' B TDXCZNA HMO
https://www.dmdc.osd.mil/scra/owa/scra. prc _Select
8/2/2005
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
No, 05-2775 CIVIL
ys,
PRAECIPE FOR WRIT OF EXECUTION
(BANK ATTACHMENT ONLY)
JAMIER, HAVER
Defendant
MEMBERS FIRST FEDERAL CREDIT
UNION,
Garnishee,
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,A,
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04219957
.
.
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPn AL ONE BANK
Plaintiff
vs,
Civil Action No. 05-2775 CIVIL
JAMIE R, HAVER
n....l,:vck Oa... Lo-l 2/, fYlul.'a...>r<-sbu-e.c:.,/)p 17oS-a
Defendant 1
MEMBERS FIRST FEDERAL CREDIT
UNION,
$"OD6 L.ou-Ire... I:>ft. MLc....~,'&buAJ:;.AA /70S0
Garnishee I
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter. ..
I, directed to the Sheriff of Cumberland County:
2, against Jamie R, Haver, Defendant
3, against Members First Federal Credit Union, Garnishee
4,
Judgment Amount
$
1,968.56
SUBTOT AL:
$
$
$
$
47,90
Interest
Costs
164,50
2,180.96
Costs (to be added by Prothonotary):
WELTMAN, WEINBERG & REIS CO" L.P,A,
By: ?J d!I!-~4t
William T, Molczan, Esquire
PA I.D, #47437
WELTMAN, WEINBERG & REIS CO" L.P ,A,
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, P A 15219
(412) 434-7955
WWR#04219957
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WRIT OF EXECUTION and/or A TT ACHMENT
. ..
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-2775 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s)
From JAMIE R. HAVER, 82 LINDA DRIVE, LOT 21, MECHANICSBURG, P A 17050
(I) You are directed to levy upon the property ofthe 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 MEMBERS FIRST FEDERAL CREDIT UNION, 5000 LOUISE DR., MECHANICSBURG, P A
17050
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attaclunent 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) 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 him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $1,968.56
Interest $47.90
LL $.50
Atty's Comm
%
Due Prothy $1.00
Other Costs
Atty Paid $117.16
Plaintiff Paid
Date: JANUARY 11, 2006
(Seal)
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
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2005-02775 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
CAPITAL ONE BANK
VS
HAVER JAMIE R
And now CPL. TIMOTHY REITZ
,Sheriff or Deputy Sheriff of
cumberland County of Pennsylvania, who being duly sworn according
to law, at 0009:52 Hours, on the 23rd day of January , 2006, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
HAVER JAMIE R , in the
hands, possession, or control of the within named Garnishee
MEMBERS 1ST FEDERAL CREDIT UNION
5000 LOUISE DRIVE
MECHANICSBURG, PA 17055
Cumberland County, Pennsylvania, by handing to
CHARLES J. MCBREAM (SEC. MANAGER)
personally three copies of interogatories together with 3
true
and attested copies of the within WRIT OF EXECUTION
and made
the contents there of Known to His .
Sheriff's Costs:
DOCKeting
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
So a~~
R. Thomas Kline /(
Sheriff of Cumberland Co~~ty
,
~I-' '" ;
this ).I.. - day of ( iClAM1
J m) (. A , D . -,
/7
, ,
(,..-,
Prothonotary
01/24/2006
/~
BydA- /;
1'~ty Sheri
Sworn and subscribed to before me
\
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
No 05,2775 CiVIl.
vs.
PRAECIPE TO SETTLE, DISCONTINUE
& END AS TO THE GARNISHEE
MEMBERS FIRST CREDIT UNION ONLY
JAMES R. HAVER
Defendant
MEMBERS FIRST CREDIT UNION
CiarnisheC'
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THiS PARTY:
James C, Warmbrodt
PA I.D #42524
WELTMAN, WEINBERG & REIS CO.. L.P,A,
2718 Koppers Building
436 Seventh A venue
Pln~burgh. PAl 52] ()
(412) 434,7955
,..
..
IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAl. ONE BANK
Plaintiff
vs.
Civil Action No, 05-2775 CIVIl.
JAMES R. HAVER
Defendant
MEMBERS FIRST CREDIT UNION
Garnish..:\.::
PRAECIPE TO SETTLE DISCONTINUE AND END
AS TO THE GARNISHEE, MEMBERS FIRST CREmT UNION, ONL Y
TO TIlE PROTHONOTARY OF COUNTY:
Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, Members First
Cn.:dit lJnioll. only, upon th..: records oCthe Court and mark the cost paid.
WELTMAN, WEINBERG & REIS CO" I..P,A,
.r_:""-~'-~:::>...,/
~' .A /
By: / r~\.../ ,//
James C, Wa' "brodt Z
P A I.D #425t4
WELTMAN, WEINBERG & REIS CO.. I..P,A,
2718 Koppers Building
436 Se\i<'nth A venue
PittslJtirgh, P A 15219
(412) 434-7955
Sworn to and subscribed
3'Y
Before me the , -
cr.,,10t,F.ebcrY~2 06'I( "
L~jCL '.. [~tr...
~OI ARv I'LilTc1l
/.. i
COMMONWEALTh OF PEN~S YL ANlA
Notarial Seal
. Heidi J. Kelly, Notary Public
City Of Pittsburgh, Allegheny County
My CommlSSKln Expires Nov. 4, 2009
Member. Pennsylvania Association of Notaries
WWR No, 04219957
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriffs Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Certified Mail
Postage
Garnishee
TOTAL
~~~~d}(O)
18.00
1.79
.50
1.00
10.56
30.00
20.00
9.00 (l
90.85 /' I()/II/IJ~ -r
Advance Costs: 150.00
Sheriffs Costs 84.56
59.15
Refunded to Atty on 10/04/06
e~~"<~
R. ~omas Kline, Sheriff
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-2775 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s)
From JAMIE R. HAVER, 82 LINDA DRIVE, LOT 21, MECHANICSBURG, P A 17050
(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 MEMBERS FIRST FEDERAL CREDIT UNION, 5000 LOUISE DR., MECHANICSBURG, PA
17050
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) 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 himJher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $1,968.56
Interest $47.90
Atty's Comm %
Atty Paid $117.16
Plaintiff Paid
Date: JANUARY 11, 2006
L.L. $.50
Due Prothy $1.00
Other Costs
(Seal)
By:
Deputy
REQUESTING PARTY:
Name WILLIAM T. MOLCZAN, ESQUIRE
Address: WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, P A 15219
Attorney for: PLAINTIFF
Telephone: 412-434-7955
Supreme Court ID No. 47437