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HomeMy WebLinkAbout05-3931ROBERT M. REIBSTEIN, ESQUIRE 705 Montgomery Avenue Narberth, PA 19072 (610) 664-1999 Attorney I.D. No. 20456 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CACV OF COLORADO, LLC 1999 BROADWAY DENVER, CO 80202 VS. No. OS -.931 tT COLLEEN F. VICCARO 205 BAILEY STREET NEW CUMBERLAND, PA 17070 CIVIL. ACTION COMPLAINT NOTICE TO DEFEND You have been sued in Court. Ifyou 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that ifyou fail to do so, the case may proceed 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. Court Administrator One Courthouse Square, 4' Floor Carlisle, PA 17013 (717)-240-6200 ROBERT M. REIBSTEIN, ESQUIRE 705 Montgomery Avenue Narberth, PA 19072 (610) 664-1999 Attorney I.D. No. 20456 CACV OF COLORADO, LLC 1999 BROADWAY DENVER, CO 80202 VS. COLLEEN F. VICCARO 205 BATLEY STREET NEW CUMBERLAND, PA 17070 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 CIVIL ACTION COMPLAINT 1. Plaintiff CACV of Colorado, LLC is a limited liability corporation with principal offices located at located at 1999 Broadway, Denver, Colorado. 2. Defendant, Colleen F,. Viiccaro is an adult individual residing at 205 Bailey Street, New Cumberland, Pennsylvania. 3. After Defendant had obtained a credit card from MBNA American Bank with Account No. 5329 0589 9904 9704, Plaintiff purchased on or about January 17, 2003 all rights, title and interest to said account from said bank for good and valuable consideration. A true and correct copy of Plaintiff's certificate of purchase is attached hereto made part hereof and marked as Exhibit "A". 4. On or before March 5, 2004, the Parties entered into an agreement providing that this matter shall be resolved in accordance with the Forum Code of Procedure. Plaintiff, as a Claimant, filed a claim with the Forum and served it on Defendant as Respondent withthe matter proceeding in accordance with the applicable Forum Code ofProcedure where the Parties had the opportunity to present all evidence and information to the Arbitrator. 6. After the Arbitrator reviewed all evidence and information submitted in the case, the information and evidence submitted supported the issuance an Award in favor ofthe Plaintiff/Claimant for the total sum of $9,591.07. True and copy of said award is attached hereto made part hereof and marked as Exhibit "B". After demand, Defendant has failed or refused to satisfy the Arbitration Award. WHEREFORE, Plaintiff demands judgment in the sum of $9,591.07 plus record costs. Robert M. Reibstein, Esquve Attomey for Plaintiff CERTIFICATE OF PURCHASE I, Ernest Shively, hereby depose and state that: 1. I am an Authorized Agent of CACV of Colorado, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: Original Creditor: Account Number: Colleen F. Viccaro MBNA America Bank 5329 0589 9904 9704 3. On or about January 17, 2003, this account was purchased by CACV of Colorado, LLC from the original creditor, MBNA America Bank, for good and valuable consideration. Date: OC`40 ?c f By: 6rneg cif o I Sworn and subscribed to before me this cl day of LL4Uk ` 2004. Notary Public My Commission Expires: //i`i 1 )00 Y ¦ Exhibit "A" ?f NATIONAL ARBITRATION CACV of Colorado, LLC 370 17th Street Suite 5000 Denver, CO 80202 CLAIMANT(s), AWARD FORUM RE: CACV of Colorado, LLC v Colleen F Viccaro File Number: FA0403000244087 Claimant File Number: 12615018030101631 Colleen F Viccaro 205 Bailey St New Cumberland, PA 17070 RESPONDENT(S). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 03/05/2004 the Parties entered into an agreement providing that this matter shall be resolved through binding arbitration in accordance with the Forum Code of Procedure. 3. That the Claimant has filed a claim with the Forum and served it on the Respondent in accordance with Rule 6. 4. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 5. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 6. That the Arbitrator has reviewed all evidence and information submitted in this case. 7. That the information and evidence submitted supports the issuance of an Award as stated. Therefore, the Arbitrator ISSUES: An Award in favor of the Claimant, for a total amount of $9,591.07. Entered in the State of Pennsylvania Ho rabl Jack M. Marden Arbi or Date: 05/10/2004 ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered and the Forum hereby certifies that a copy of this Award was sent by first class mail postage prepaid to the parties at the above referenced addresses on this date. Honorable Harold Kalina, Ret. Director of Arbitration 05/10/2004 Exhibit "B" VERIFICATION I, Ernest Shively, hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that Colleen F. Viccaro the balance of $9,841.07 to CACV of Colorado, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. Sec. 4909, relating to unsworn falsification to authorities. By: FrnS-E <uu Dated: h e ` 2 Dy Ernest Shively V Authorized Representative NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PREMISES ACT, (THE ACT) 15 U.S.C. SECTION 1601 AS AMENDED The amount of the debt is stated in Paragraph One of this Complaint and attached hereto. The plaintiff who is named in the attached Complaint is the creditor to whom the debt is owed. The debt described in the Complaint attached hereto will be assumed to be valid by the creditor's law firm, unless the debtors, within thirty (30) days after the receipt of this notice, dispute in writing the validity of the debt or some portion thereof. 4. If the debtor notifies the creditor's law firm in writhing, within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 5. If the creditor who is named as plaintiff in the attached Complaint is not the original creditor, and if the debtor makes written request to the creditor's law firm within thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. You are further advised that any information obtained from the debtor may be utilized by the creditor of this law firm for the purpose of collecting the debt. 7. Written request should be addressed to the law firm of. Robert M. Reibstein, Esquire, 705 Montgomery Avenue, Narberth, Pennsylvania 19072. -IIQL Vz ROBERT M. REIBSTEIN, ESQUIRE 705 MONTGOMERY AVENUE NARBERTH, PA 19072 (610) 664-1999 ATTORNEY I.D. NO. 20456 CACV OF COLORADO, LLC vs. COLLEEN F. VICCARO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNA. NO. 05-3931 CIVIL TERM ATTORNEY I.D. NO. 20456 CIVIL ACTION PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Please kindly enter Judgment in the above captioned case by default for want of the answer being filed within the time prescribed by the Pennsylvania Rules of Civil Procedure against the Defendant and assess the damages as per statement below. ROBERT MM.TREIIBSSTEIN ATTORNEY FOR PLAINTIFF ASSESSMENT OF DAMAGES Amount of Judgment ............................................$9591.07 Costs ..................................................................... ROBERT M. REIBSTEIN Attorney for Plaintiff ROBERT M. REIBSTEIN, ESQUIRE 705 MONTGOMERY AVENUE NARBERTH, PA 19072 (610) 664-1999 ATTORNEY I.D. NO. 20456 CACV OF COLORADO, LLC VS. COLLEEN F. VICCARO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNA. NO. 05-3931 CIVIL TERM ATTORNEY I.D. NO. 20456 CIVIL ACTION CERTIFICATION PURSUANT TO RULE 237.1 TO THE PROTHONOTARY: This is to certify that on September 16, 2005, Plaintiff s attorney sent notification pursuant to Rule 237.1 to the Defendant by certified mail, return receipt requested, and by First Class regular mail. ROBERT M. REIBSTEIN Attorney for Plaintiff ROBERT M. REIBSTEIN, ESQUIRE 705 MONTGOMERY AVENUE NARBERTH, PA 19072 (610) 664-1999 ATTORNEY I.D. NO. 20456 CACV OF COLORADO, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. V. COLLEEN F. VICCARO TO: COLLEEN F. VICCARO 205 BAILEY STREET NEW CUMBERLAND, PA 17070 NO. 05-3931 CIVIL TERM DATED: SEPTEMBER 16, 2005 CERTIFIED MAIL NO. 70022410000583515032 AND FIRST CLASS MAIL NOTIFICATION PURSUANT TO RULE 237.1(a)(2) IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ?- ROBERT M. REIBSTEIN Attorney for Plaintiff ROBERT M. REIBSTEIN, ESQUIRE 705 MONTGOMERY AVENUE NARBERTH, PA 19072 (610) 664-1999 ATTORNEY I.D. NO. 20456 CACV OF COLORADO, LLC VS. COLLEEN F. VICCARO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 05-3931 CIVIL TERM ATTORNEY I.D. NO. 20456 CIVIL ACTION CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: This is to certify that the address of the Defendant 205 Bailey Street, New Cumberland, Pennsylvania 17070; and the Plaintiffs address is 1999 Broadway, Denver, Colorado 80202. ROBERT M. REIBSTEIN Attorney for Plaintiff ? ? ? N a ? ? '? - ?, ? cn ?? -n C ? 1 ? ft1? p , ? h1 :J`'j? ?? ??? c' ;; ern / -? ? -` (Rule of Civil Procedure No. 236) CACV OF COLORADO, LLC VS. COLLEEN F. VICCARO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNA. NO. 05-3931 CIVIL TERM ATTORNEY I.D. NO. 20456 CIVIL ACTION Notice is given that a judgment in the above captioned matter has been entered against Defendant on ?? aQ 2005, in accordance with provision of Pa. R.C.P. 236. PROTHONOT If you have any questions concerning the above captioned case, please contact: ROBERT M. REIBSTEIN, ESQUIRE 705 Montgomery Avenue Narberth, PA 19072 (610) 664-1999 Attorney I.D. No. 20456 SHERIFF'S RETURN - REGULAR CASE NO: 2005-03931 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS VICCARO COLLEEN F SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon VICCARO the DEFENDANT , at 1712:00 HOURS, on the 25th day of August , 2005 at 205 BAILEY STREET NEW CUMBERLAND, PA 17070 by handing to COLLEEN VICCARO a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 13.60 Affidavit .00 Surcharge 10.00 .00 41.60 Sworn and Subscribed to before me this Z? day of A. D. Pr y So Answers: R. Thomas Kline 08129(2005 REibstein, Robert M. By: Deputy Sheriff i PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 Etc. IN THE COURT OF COMMON PLEAS OF CACV OF COLORADO, LLC --------------- CUMBERLAND COUNTY, PENNSYLVANIA 1999 Broadway Denver, CO 80202 writ No.____________________________ Term, 19______ -------------------------------`---------- No. __05_ 3931 _CIVIL_TERM ___ Term, 19______ Y°' 9591.07 Amount due ____________ $ __________________ ai COLLEEN VICCARO _Ye __ ______Interest from ___ 9/2_ ___9[_ _05 _______________________ y Street 205 B New Cumberland, PA 17070 Att'y's Corn . ----------------------------------- Costs ---------------- $ ----------------------- To the Prothonotary of said Court: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of _ CUMBERLAND--_ ---County, Penna.; COLLEEN F. VICCARO (2) against Please levy on all personal property belonging to Defendant located at 205_?aile?_S.treet,__New-_C_um)paxland?_EA___1ZIlZIl------------- Defendant (s) ; (3) and against (4) and index this writ (a) against _. (b) against Garnishee (s) ; Defendant (s) and Garnishee (s), as a Bs pendens against the real property of the defendant (s) in the name of the Camishec (s) as follows . (.Specifically describe property) (5) Exemption has (not) been waived. Dated _I-x[26 /OS _ ______ Attorney for Plaintiff (s ) ROBERT M. REIBSTEIN, ESQUIRE #20456 NOTE Under paragraph (1) when the writ, is directed to the sheriff of another county as authorized by Rule 3103(6), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred ju dgement may be directed only to the sheriff of the county in which issued. , Paragraph (3) above should be completed only if a named garnishee is to be included in the writ. Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3104(b), Paragraph (4) (b) should be completed only if real property in the name of a garnishee Is attached and index- ing as a Its pendens is desired. See Rule 3104(c). z NIn d F-'?C7 [: i y 9 z V Pd m CIO m O,9 C rt rn W O O b ; it V i ?1n It- y ! n r H in td qy C ?o IC ?7 ; 0 7 0 o m rn y I In w; ; n w o x v c i p H O y lT+ 1 i i H 1 ny C? r•,z I 7y 'w " `G' o, a' rt r !C y 1 m m, hf 1i o R 'Dv w ; i S w[z7 i H r V o N14 10 d ? 9 IT La7 ? 1 q R'H 1 oo,-C 1O - C) i In I C) I N 1 I H ? `t$ l0 ?< td (D /? m in `O 4 i? o C [H+'1 w u? i ro R i 0 < ' N iy ?-• ? i [=1 q qy , 9 , ,? 1 C z ? H O ?p O V ?`MM IT `G O I In LTA w 7 Fiy i O ; I i b ,?+ ? I i ? , [ ?D ?i ' i 1 1 7; ? w c° , x ? ; , I ti 1J If ? u, v ? ? a ? O c ? o P ? o ? ? C t I I t ? ?s ?' Tl: O / T i7 CV 7 N < WRIT OF EXECUTION and/or ATTACHMENT J t COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3931 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 COLLEEN F. VICCARO, 205 BAILEY STREET, NEW CUMBERLAND, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell PLEASE LEVY ON ALL PERSONAL PROPERTY BELONGING TO DEFENDANT LOCATED AT 205 BAILEY STREET, NEW CUMBERLAND, PA 17070. (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 $9591.07 Interest FROM 9/29/05 Atty's Comm % Arty Paid $123.60 Plaintiff Paid Date: OCTOBER 31, 2005 L.L. $.50 Due Prothy $1.00 Other Costs othonotaj; ? (Seal) By: Deputy REQUESTING PARTY: Name ROBERT M. REIBSTEIN, ESQUIRE Address: 705 MONTGOMERY AVENUE NARBETH, PA 19072 Attorney for: PLAINTIFF Telephone: 610-664-1999 Supreme Court ID No. 20456 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Poundage 1.54 Advertising Law Library .50 Prothonotary 1.00 Mileage 17.28 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee TOTAL 78.32 Sworn",.vd Subscribed to bef this day Advance Costs: 150.00 Sheriff's Costs 78.32 71.68 Refunded to Atty on 5/16/06 C? G/o U /6 6 -/ 4Tre So Answers; _ R. Thomas Kline, Sheriff 2085 A.D. By Prothonotary -? U w j ?ro X9)1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3931 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 COLLEEN F. VICCARO, 205 BAILEY STREET, NEW CUMBERLAND, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell PLEASE LEVY ON ALL PERSONAL PROPERTY BELONGING TO DEFENDANT LOCATED AT 205 BAILEY STREET, NEW CUMBERLAND, PA 17070. (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 gamishee(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 $9591.07 Interest FROM 9/29/05 Atty's Comm % Atty Paid $123.60 Plaintiff Paid Date: OCTOBER 31, 2005 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs • AIR. Prothonota By: Deputy REQUESTING PARTY: Name ROBERT M. REIBSTEIN, ESQUIRE Address: 705 MONTGOMERY AVENUE NARBETH, PA 19072 Attorney for: PLAINTIFF Telephone: 610-664-1999 Supreme Court ID No. 20456 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 Etc. CACV OF COLORADO, LLC 1999 Broadway__________________ Denver, &-072U2 VS. COLLEFZ__F __KICCARO_______________________ 205 Bailey Street New Cumberland, PA 17070, Defend t AND --------------------------- M&T BANK ----- AND One West High Street Carli.sle,_PA.__1ZDl3.,__Gaxni sh IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Writ No.---------------------------- Term, 19------ No. 05-3931 _ CIVIL_ TERM ____ Term, 19 ------ Amount due ------------ 9291.07 ---____-- Interest from 9/29/05 _ - ----------------- Att'y's Com. ----------------------------------- Costs ----------------$ ----- To the Prothonotary of said Court: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, () CUMBERLAND County, Penna.; (1) Directed to the Sheriff of ______________ ------- 22?? _ COLLEEN F. VICCARO TLrAASE_LEVY_ON ALL PERSONAL PROPERTY BELONGING TO DEPENDANT,LOCATED AT 205-Bailey__Street,__NEw_ Cumberland. PA 17070________ _ _ Defendant (s) ; (3) and against M&T BANK -------____ Garnishee (s) ; ------------------------------°----------------------------- Levy on checking account no. 0001122711 and any other checking and/or savings accounts. (4) and index this writ (a) against --------------------------------- -------------------------------------------------- -------------------------------------------------------------------- Defendant (s) and (b) against --------------------------------.-------------------------------------------------- ------------------------------- ------------------------------------- Garnishee(s), as a lis pendens against the real property of the defendant (s) in the name of the Garnishee (s) as follows : (Specifically describe property) (5) Exemption has (not) been waived. Dated --- ?l ------------ - -- - - --\ - - --------------------------- Attorney for Plaintiff (s) ROBERT M. REIBSTEIN, ESQUIRE #20456 NOTE Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgement may be directed only to the sheriff of the county In which issued. Paragraph (3) above should be completed only if a named garnishee is to be included in the writ. Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3104(b), Paragraph (4) (b) should be completed only if real property in the name of a garnishee is attached and index- ing as a lis pendens is desired. See Rule 3104(c). po- z V yd , n O,? z,N n u F- n ,.a rt m w 08 , w 0 ,rr m ,O O ,m 10 ,a Z r td ?.q x ;?n Z H o 1-3 w m; r- , co C+l ; n bd o to m C% rt 0 C17 , F? w I , F+• z I- M hi tr1 riy I rn 0r' rt '. n i m rt I "I".: F- I O I r. OQ b I I M I M 1zi n w n ? m ' 7d "' ? a oo ; H ?•? I 7 I w 1 rt H 100 c w 1 %D `C bd c O 1 a I n n 10 w C I z En ' F- m 1 CL , m n ' N n 1C 'C 0 H v rt O O O G 4-? w m 1 V m H ,,, ?r yy 1 F-' m i y I O I C-4 I I , I tv G z ... r ' W m I I r 2n > O Itil = ' -P n H p ' O In Cr1 O p i 47 i vi i 4 i? a- I ON En w i O? I , CD F- z. m (D !?+ I 1 M , M 1 rC rte. 1 m l 1 p•• ;;., G..1 f f 1 rrti +? I I 1 I I 1 r v l1J c o ?8ooLV4o?t n Ln co CZ ? ?-? --r rl U3 C.S ?' 1 .r f . .O WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3931 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 COLLEEN F. VICCARO, 205 BAILEY STREET, NEW CUMBERLAND, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell PLEASE LEVY ON ALL PERSONAL PROPERTY BELONGING TO DEFENDANT LOCATED AT 205 BAILEY STREET, NEW CUMBERLAND, PA 17070. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M & T BANK, ONE WEST HIGH STREET, CARLISLE, PA 17013 LEVY ON CHECKING ACCT. # 0001122711 AND ANY OTHER CHECKING AND/OR SAVINGS ACCOUNTS. 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 $9291.07 Interest Atty's Comm % Atty Paid $214.92 Plaintiff Paid Date: FEBRUARY 5, 2007 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs Curt' R. Long, Pro ry By: Deputy REQUESTING PARTY: Name ROBERT M. REIBSTEIN, ESQUIRE Address: 795 MONTGOMERY AVENUE NARBERTH, PA 19072 Attorney for: PLAINTIFF Telephone: 610-664-1999 Supreme Court ID No. 20456 R f R. Thomas Kline, Sheriff, who being dujly :si?,ronccording to law, states T ., 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 $ 2097 FE- U I Advance Costs: 150.00 Sheriffs Costs: 150.00 18.00 $ 000.00 2.70 .50 1.00 Refunded to Atty on 04/05/07 38.80 40.00 40.00 9.00 f 150.00 ? Nl/3?° 7 So Answers; R. Thomas Kline, Sheriff By Claudia A. 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MHN `J gHH LS Ad'IlVff SOZ `OHV33IA '3 N391100 tuOJJ (s) 3nlulula 0 I'I `OQd2I0'IOa 30 A0V0 onp slsoo puu Isa.ialu! `Igop agI jsilus o,l, :AlN'100 (lKVr 3ffWA3 AO 3dRIdHS gH.I 01 Md'I - NOIlDV 'IIAIO (QNV I Jagwf10 JO A•LNnO0 I1A10 T£6£-SO ON (VINVA'IASNNdd 30 H,L'IVHMNOWWOD SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-03931 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS VICCARO COLLEEN F And now MARK CONKLIN ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0010:45 Hours, on the 15th day of February-, 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT VICCARO COLLEEN F , in the hands, possession, or control of the within named Garnishee M & T BANK 1 WEST HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JESSICA REESE (BSA) , 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 Her Sheriff's Costs: So Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 ? y/i/6 04/05/2007 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D