HomeMy WebLinkAbout05-3946IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO
Plaintiff
vs.
DEBORAH GASPARI
Defendant
No. 05- 3 9 4l6 0,'u t (.. "-?ivl
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt, Esquire
PA I.D. #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04180287
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO
Plaintiff
vs. Civil Action No.
DEBORAH GASPARI
Defendant
COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by an attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case
may proceed without you and a judgment may be entered against you by the court without further notice
for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
COMPLAINT
Plaintiff is a corporation with offices in 370 17th Street, Suite 5000, Denver, CO 80202.
2. Defendant is an adult individual residing at 29 Heidi Terrace, Camp Hill, Pa 17011.
3. Defendant applied for and received a credit card issued by Plaintiffs assignor bearing the
account number 4465612100749383.
4. Defendant made use of said credit card and has currently a balance due and owing to
Plaintiff, as of June 29, 2005, in the amount of $5,025.36. A true and correct copy of Plaintiff's Statement
of Account is attached hereto, marked as Exhibit "1" and made a part hereof.
5. Defendant is in default of the terms of the cardholder Agreement having not made monthly
payments to 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 6.00% 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, Deborah Gaspari
individually, in the amount of $5,025.36 with continuing finance charges thereon at the rate of 6.00% per
annum from June 29, 2005 plus costs.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
SHALL BE USED FOR THAT PURPOSE.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
James annbrodt, Esquire
PA 1.D. 42524
W)Srah N, WEINBERG & REIS CO., L.P,A.
27pers Building
43Avenue
Pih, PA 15219
(4 -7955
W WR#:04180287
BALANCE AS PAYMENT MINIMUM
OF aWOM DUE DATE PAYMENT AMOUNT ENCLOSED
ACCOUNT NUMBER
APR. 01, 2004 5895.00
4465-6121-0074-9383 54,364.39 r'
?
f1
$
? Indicate Change of address on back VISA GOLD -
Make Checks Payable to
Provkhan Processing Services
ILIddJIIdIIdLIIILdLIIJIIIIL1111ILJIII11111dI1d
PROVIDIAN PROCESSING SVCS. Please he sure
PO BOX 660549 .{this address appears
DALLAS, T% 75266-0549 in the window.
DEBORAH GASPARI Page 1 of 1
29 HEIDI TER 0011242
CAMP HITS PA 17011-1141
III JUsIIIIII.unIllnIIiII llllllLJIIIIIIII I111111d1
4465612100749383008950004364397
- - - - - - - - - - - - - - - - - - --
Your account is issued by Proyidian National Bank, TiRon, NH. DETACH HERE 71
MESSAGES FROM VISA GOLD
YOUR ACCOUNT IS PAST DUE AND OVER ITS CREDIT LIMIT. Please pay the mkdmUm payment listed above
along wild) rile overint amount Immedately or Call US at 1-800-2889441.
VISA GOLD TRANSACTIONS
ran Post
ate Date Description Reference Number Amount
03-04 0304 LATE PAYMENT CHARGE 0000 36.00
FOR BILLING ERRORS AND IMPORTANT INFORMATION, SEE REVERSE SIDE.
ACCOUNT SUMMARY ACCOUNT NUMBER 44668121-0074-9383
Previous Balance $4.234.14 Days in Billing Cycle 29
- Credits. .00 Statement Daft 03105104
- Payments .00 Minimum Payment $895.00
Purchases Payment Due Date 04/01104
+ 8: Other Charges 35.00
* Cash Advances .00 Credit Line $3,474.0
+ MNANCE CHARGE: 95.25 Available Credit as of Statement Date 5.00
= NEW BALANCE $4,364.39 Available Credit for Cash Advances as of Statement Date $-
BALANCE CATEGORY Average Annual Daily Finance Grace
Dairy Percentage Periodic Charges Terms
Balance Rate Rate
Standard Purchase $3,20010 27.99% .0767% WAS Term B
Standard Cash $1,082.13 27.99% .0767% $24.07 Term B
Balance Tran/Promo Offer $.00 0.00% .0000% $.00 Tenn B
ANNUAL PERCENTAGE RATE this billing cycle: 27.99%
For 24-hour Automated Account Information, call 1-600.356-0011 or visit us at www.providianonline.com.
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 (3A171 nU) 51 D)yrlS
// (NAM )
?1 t ?bi SZa ke vi of ACV A l olo t-b LL plaintiff herein, that
(TITLE)F (COMPANY)
he/she is duly authorized to make this verification, and that the facts set forth in the foregoing
Complaint are true and correct to the best of his/her knowledge, information and belief.
(SIGNATURE)
WWR#04180287
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-03946 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CACV OF COLORADO
VS
GASPARI DEBORAH
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
GASPARI DEBORAH
the
DEFENDANT , at 1851:00 HOURS, on the 22nd day of August , 2005
at 29 HEIDI TERRACE
CAMP HILL. PA 17011
DEBORAH GASPARI
by handing to
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
Service
Affidavit
Surcharge
So Answers:
18.00 ?j
i5
12.00
.00
10.00 R. Thomas Kline
08/23/2005
WELTMAN
Sworn and Subscribed to before By:
me this 9' day of
A. D.
P
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OFCOLORADO
Plaintiff
vs.
DEBORAI I GASPAR]
Defendant
No.05-3946-CIVIL TERM
STIPULATION OF THE PARTIES FOR
PAYMENT AND FOR THE ENTRY OF
JUDGMENT BY CONSENT
FILED ON BEHALF OF
Plaintiff
COUNSEL, OF RECORD OF
THIS PARTY:
William T. Molezan, Esquire
PA I.D. 947437
WELLMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04180287
IN THE. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO
Plaintiff
vs. Civil Action No. 05-3946-CIVIL TERM
DEBORAH GASPARI
Defendant
STIPULATION OF THE PARTIES FOR PAYMENT
AND FOR THE, ENTRY OF JUDGMENT BY CONSENT
TOT) E PROTHONOTARY:
Kindly enter Judgment in favor of Plaintiff and against the Defendant, Deborah Gaspari, above-named, in the
amount of $5,025.36 pursuant to the Stipulation of the Parties for Payment and for the Entry of.ludgment by Consent,
as follows:
Defendant admits indebtedness to Plaintiff in the amount of $5,025.36 with continuing
interest thereon at a rate of 6% per annum plus costs from June 29, 2005.
To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be
entered in favor of the Plaintiff and against the Defendant, Deborah Gaspari, in the amount of $5,025.36 plus
continuing interest thereon at the rate of 6% per annum from June 29, 2005 and costs.
Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff
the following payments in full by 12:00 NOON on the following dates:
(a) $85.00 due by 9130105;
(b) $85.00 due on the 30th day of each consecutive month thereafter until the Judgment amount plus
accrued interest and costs are paid in full.
4. All payments are to be made payable to the order of "CACV of Colorado"
5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis.
Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219.
6. In the event of default, each payment received shall be first attributed to Costs, interest and then to
principal
7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff
or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be
immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance
of the Judgment entered hereunder plus appropriate additional interest and costs.
8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a
waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation
which the parties agree is final and complete.
9. Intending to be legally bound, the parties set their hands and seals this _ day of _V)/?
20 f?___
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
William T. Molczan, Es rc
PA I.D. 947437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
W WR No. 04180287
By:
Defendant, Deborah Gaspari
c
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO
Plaintiff
VS. Civil Action No. 05-3946-CIVIL TERM
DEBORAH GASPARI
Defendant
NOTICE OF ,JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Judgment was entered against you
on -1-0-A_ ior
(xx) Assumpsit Judgment in the amount
of $5,025.36 plus costs.
( ) Trespass Judgment in the amount
of$plus costs.
( ) If not satisfied within sixty (60)
days, your motor vehicle operator's license and/or registration will be
suspended by the Department of Transportation, Bureau of Traffic
Safety, Harrisburg, PA.
(xx) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
( ) Default
( ) Verdict
( ) Arbitration
( ) Award
(XX) By Consent
Prothonotary
Deborah Gaspari
38 Heidi Terrace
Camp Hill, Pa 17011
By PRO ONO- (OR PUTY)
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC
Plaintiff
VS.
DEBORAH GASPAR]
Defendant
SOVEREIGN BANK,
Garnishee,
No. 05-3946-CIVIL
PRAECIPE FOR WRIT OF EXECUTION
(BANK ATTACHMENT ONLY)
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA I.D. 447437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04180287
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC
Plaintiff
vs.
Civil Action No. 05-3946-CIVIL
DEBORAH GASPARI nn 'I
A0 ?n
170//
Defendant
SOVEREIGN BANK,
1366 (1n{ hij, tE ?7e 6?.mr A 111 ? 170//
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY
Kindly issue a Writ of Execution in the above matter...
1. directed to the Sheriff of Cumberland County:
2. against Deborah Gaspari, Defendant
3. against Sovereign Bank, Garnishee
4. Judgment Amount $ 5,025.36 yt?39, X
Less payments of $ 390.00
Interest $ 351.59
Costs $ 104.50
SUBTOTAL: $ 5,051.95
Costs (to be added by Prothonotary): $
WELTMAN, WEINBERG &/REIS CO., L.P.A.
By: IN/?Z
William T. Molczan, Esquire
PA LD. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
W W R#04180287
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-3946 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 DEBORAH GASPAR], 29 HEIDI TERRACE, CAMP HILL, PA 17011
(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 SOVEREIGN BANK, 1300 CAMP HILL BYP, CAMP HILL, PA 17011 - GARNISHEE
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 $4635.36 L.L. $.50
Interest $351.59
Atty's Comm % Due Prothy $1.00
Arty Paid Other Costs $104.50
Plaintiff Paid
Date: FEBRUARY 22, 2006
CURTIS R. LONG
Prothonotary
(Seal) Bv'?A2iA?/l iL
Z
_
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC
Plaintiff
No. 05-3946-CIVIL
VS. Akv5t ltr'f k' INTERROGATORIES IN ATTACHMENT
DEBORAH GASPARI
Defendant
and
SOVEREIGN BANK
Garnishee
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire;
PA I.D. 447437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04180287
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC
Plaintiff
vs.
DEBORAH GASPAR]
Defendant
and
SOVEREIGN BANK
Garnishee
Civil Action No.: 05-3946-CIVIL
TO: Sovereign Bank Suggested Reference No.: 227-98-5673, 233104343
1300 Camp Hill Bypass
Camp Hill, PA 17011
IMPORTANT NOTICES TO GARNISHEE!
A. You are required to file answers to the following interrogatories within twenty (20) days after
service upon you. Failure to do so may result in Judgment against you.
B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of
Execution is issued.
C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to
attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes
into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the
resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the
time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited
and withdrawn during the intervening period.
INTERROGATORIES IN ATTACHMENT
1. At the time you were served or at any subsequent time did you owe the defendant any money or
were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money
or were liable to him for any reason?
No
2. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount
of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof;
the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written
instruments and the present location of each of such instruments; the amount or amounts that defendant claims or
claimed that you owe or owed to him; and the nature and amount of each of such liabilities.
3. At the time you were served or at any subsequent time was there in your possession, custody or
control of yourself and one or more other persons any property of any nature owned solely or in part by the
defendant.
Yes
4. If the answer to Interrogatory 3 is in the affirmative, describe the nature, fair market value, and
present location of each of such properties.
See Attached
5. At the time you were served or at any subsequent time did you hold legal title to any property of
any nature owned solely or part by the defendant or in which defendant held or claimed any interest?
No
6 . If the answer to Interrogatory 5 is in the affirmative, describe the nature, fair market value, and
present location of each of said properties.
7. At the time you were served or at any subsequent time did you hold as fiduciary any property in
which the defendant had an interest?
No
8. If the answer to Interrogatory 7 is in the affirmative, describe the nature, fair market value, and
present location of each of such properties.
9. At any time before or after you were served, did the defendant transfer or deliver any property to
you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof?
No
10. If the answer to Interrogatory 9 is in the affirmative, describe the nature, fair market value, and
present location of each of such properties.
11. At any time after you were served did you pay, transfer, or deliver any money or property to the
defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant
against you?
No
12. If the answer to Interrogatory 11 is in the affirmative, describe the amount or nature,
fair market value and present location of each of such payments and properties.
WELTMAN, WEINBERG &. REIS CO., L.P.A.
By.
William T. Molczan, squire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04180287
ANSWER TO INTERROGATORIES
Account # 2331043434 Balance: $553.74
Account Holder: Deborah Gaspari
29 Heidi Terrace
Camp Hill, PA 17011
VERIFICATION
I, Timothy J. Cooney, OAG Team Leader of Sovereign Bank, hereby verify that the information
contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of
my knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. Section 4094, relating to unworn falsification to authorities.
Sovereign Bank ,
By:
Timothy J. Cooney
OAG Team Leader
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CACV of Colorado, LLC
VS.
Deborah Gaspari
CERTIFICATE OF SERVICE
I hereby certify that on or before the date of filing the following documents(s):
Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of
Execution, Claim for Exemption Order and Claim for Exemption
I have served a copy thereof on each of the following persons in the manner indicated below:
Service by first class mail addressed as follows:
William T. Molczan, Esquire
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburg, PA 15219
Service by certified mail addressed as follows:
Deborah Gaspari
29 Heidi Terrace
Camp Hill, PA 17011
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Signature of Person Filing
Timothy J. Cooney, OAG Team Leader
Sovereign Bank
MAI M133-02-10
2 Morrissey Boulevard
Boston, MA 02125
March 13, 2006
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC
Plaintiff
vs.
DEBORAH GASPARI
Defendant
SOVERIEGN BANK
Garnishee
No. 05-3946- Civil
PRAECIPE FOR JUDGMENT AGAINST
GARNISHEE
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
WILLIAM T. MOLCZAN. ESQUIRE
PA I.D.947437
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04180287
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC
Plaintiff
vs. Civil Action No. 05-3946- Civil
DEBORAH GASPAR[
Defendant
SOVFRIFGN BANK
Garnishee
PRAECIPE FOR JUDGMENT AGAINST GARNISHEE
TO THE PROT[IONOTARY:
Kindly enter Judgment against the Garnishee, SOVERIEGN BANK . in the amount of $553.74, which is
less than Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers
to Interrogatories.
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: -14A
WILLIAM T. MOLCJAN, ESQUIRE
PA I.D.447437
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
W W R#04180287
I hereby certify that the address of the Plaintiff is:
c/o Wellman, Weinberg & Reis Co„ L.P.A., 2718 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219
And that the last known address of the Garnishee is: P.O. Box 841005v, Boston, MA 02884
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC
Plaintiff
VS. Civil Action No.: 05-3946-CIVIL
DEBORAH GASPAR]
Defendant
and
SOVEREIGN BANK
Garnishee
TO: Sovereign Bank Suggested Reference No.: 227-98-5673, 233104343
1300 Camp Hill Bypass
Camp Hill, PA 17011
IMPORTANT NOTICES TO GARNISHEE!
A. You are required to file answers to the following interrogatories within twenty (20) days after
service upon you. Failure to do so may result in Judgment against you.
B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of
Execution is issued.
C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to
attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes
into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the
resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the
time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited
and withdrawn during the intervening period.
Sovereign Bank
Court Ordered Processing
MAI M133-02-10
P.O. Box 841005v
Boston, MA 02884
March 13, 2006
Prothonotary's Office
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Email: TCoonev@Sovereignbank.com
Re: CACV of Colorado, LLC
Vs.
Dear Sir/Madam:
Deborah Gaspari
No. 05-3946-CIVIL
Enclosed are Sovereign Bank's Answers to Interrogatories in Attachment and an original
and one copy of a Certificate of Service. Please file the originals in your office and return the
time-stamped copy of the Certificate in the enclosed return envelope. By copy of this letter we
are serving those parties listed on the Certificate of Service with a set of Answers. We are also
serving the Defendant with a copy of the Writ of Execution, Notice of Writ of Execution, Claim
for Exemption Order, and Claim for Exemption.
Very truly yours,
1 imo y J. ooney
OAG Team Leader
617-533-1789
Fax 617-533-1188
TJC/s
Enclosures
PC: Deborah Gaspari (w/enclosures, certified mail)
William T. Molczan, Esquire (w/enclosures)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CACV of Colorado, LLC
VS.
Deborah Gaspari
CERTIFICATE OF SERVICE
I hereby certify that on or before the date of filing the following documents(s):
Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of
Execution, Claim for Exemption Order and Claim for Exemption
I have served a copy thereof on each of the following persons in the manner indicated below:
Service by first class mail addressed as follows:
William T. Molczan, Esquire
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburg, PA 15219
Service by certified mail addressed as follows:
Deborah Gaspari
29 Heidi Terrace
Camp Hill, PA 17011
4r?i
Signature of Person Filing
Timothy J. Cooney, OAG Team Leader
Sovereign Bank
MAI M133-02-10
2 Morrissey Boulevard
Boston, MA 02125
March 13, 2006
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC
Plaintiff
vs. Civil Action No. 05-3946- Civil
DEBORAH GASPARI
Defendant
SOVERIEGN BANK
Garnishee
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
( ) Defendant
(xx) Garnishee
You are hereby notified that the
following Order or Judgment was
entered against you on a ? Z7, D,rX)L
(xx) Assumpsit Judgment in the amount
of $553.74 plus costs.
( ) Trespass Judgment in the amount
of $ plus costs.
( ) If not satisfied within sixty (60)
days, your motor vehicle operator's license and/or registration will be
suspended by the Department of Transportation. Bureau of Traffic Safety,
Harrisburg, PA.
(xx) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
( ) Default
( ) Verdict
( ) Arbitration
Award
Prothonotary
By:
P THON AR ( )
Timothy Cooney
P.O. Box 841005v
Boston, Ma 02884
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC
Plaintiff
VS.
DEBORAH GASPAR]
Defendants
SOVEREIGN BANK
Garnishee
No. 05-3946-CIVIL
PRAECIPE FOR SATISFACTION OF
JUDGMENT AS TO THE GARNISHEE
SOVEREIGN BANK ONLY
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt
PA LD #42524
William T. Molczan, Esquire
PA. I.D.447437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412)434-7955
W WR No. 04180287
r ,
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC
Plaintiff
Vs. Civil Action No. 05-3946-CIVIL
DEBORAH GASPARI
Defendants
SOVEREIGN BANK
Garnishee
PRAECIPE FOR SATISFACTION OF JUDGMENT
AS TO THE GARNISHEE, SOVEREIGN BANK, ONLY
TO THE PROTHONOTARY:
Please kindly Satisfy the Judgment of the above captioned matter upon the records of the Court and
mark the cost paid as to Garnishee, Sovereign Bank, only.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: _
James
PA 1.1
T,/Molezan, Esquire
VePWE INBERG & REIS CO., L.P.A.
Building
h Avenue
A 15219
(412) 434-7955
Sworn to and
Before me the
Ci .
V , 1 J Klegy Notarypu?l \Yryryl A W WR No. 04180287
lNem Qy?yp mmip ssronExp?'Nov County
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2005-03946 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
CACV OF COLORADO
VS
GASPARI DEBORAH
And now SHARON LANTZ Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0010:15 Hours, on the 1st day of March , 2006, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
GASPARI DEBORAH
hands, possession, or control of the within named Garnishee
SOVEREIGN BANK 17 W HIGH ST
, in the
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
TINA MCCOMMON (CUSTOMER SERVICE 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 Her .
Sheriff's Costs: So ans a
Docketing .00
Service .00 ,
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
00
03/02/2006
Sworn and subscribed to before me
By A?.4 4 ck4 this ;&j day of Deputy Sheriff
oZOt? (, _,A . D . A
Pro
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: Advance Costs: 150.00
Sheriff's Costs 84.56
Docketing 18.00 65.44
Poundage 1.66
Advertising
Law Library .50
Prothonotary 1.00 Refunded to Atty on 10/04/06
Mileage 4.40
Misc.
Surcharge 30.00
Levy 20.00
Post Pone Sale
Certified Mail
Postage
Garnishee 9.00
TOTAL 84.561o?f?,pV ?.,
So Answers;
R. Thomas Kline, Sheriff
By
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z I £ d hZ g33 4001
b?A jNRUS 3H jJo'3? 0
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-3946 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 DEBORAH GASPARI, 29 HEIDI TERRACE, CAMP HILL, PA 17011
(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 SOVEREIGN BANK, 1300 CAMP HILL BYP, CAMP HILL, PA 17011 - GARNISHEE
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 $4635.36 L.L. $.50
Interest $351.59
Atty's Comm % Due Prothy $1.00
Atty Paid Other Costs $104.50
Plaintiff Paid
Date: FEBRUARY 22, 2006
CURTIS R. LONG
Prothonota
(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
FJLED-1D? ,-
2010 tj,fiiti 15 Fi G: 25
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC
Plaintiff
vs.
DEBORAH GASPARI
Defendant(s)
No. 05-3946-CIVIL
PRAECIPE FOR SATISFACTION OF
JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Lyndsay E Rowland, Esquire
PA I.D. # 205520
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7999
WWR#4180287 TIC
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10
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC
Plaintiff
VS. Civil Action No. 05-3946-CIVIL
DEBORAH GASPARI
Defendant(s)
PRAECIPE FOR SATISFACTION OF JUDGMENT
At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment.
WELTMANAEIN BERG & REIS CO., L.P.A.
By: i' ,?-
Lyndsa E Rowland,` quire
PA I.D. # 205520
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7999
W WR #4180287
Sworn to and sub
before me this _
day of March, 10
*W NMli3ifLVANIA
ARY BLIC
wWW A. ,IONS, NomrY P ?
? ,f ANOWW u, 2M0
Member. Pen on rtes