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HomeMy WebLinkAbout06-0959'13 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Cavalry Portfolio Services, LLC as Assignee of Cavalru SPV I, LLC as Assignee of AT&T Wireless/Cingular 4050 E. Cotton Center Bou Phoenix, AZ 85040 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ROBERT DRABENSTADT 136 SUNNYSIDE DR CARLISLE PA 17013-9039 DOCKET NO NOTICE : D(? - 4s9 C'l Ut?? 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 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 JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL ACTION 1. At the special instance and request of the defendant(s), plaintiff sold and delivered to the defendant(s) merchandise and services, on the dates, of the kinds, in the amounts and for the prices set forth in a true and correct copy of plaintiff's books of original entry attached hereto, made part hereof, and marked Exhibit "A". 2. Defendant(s) accepted said merchandise and services without complaint. 3. The prices set forth in Exhibit "A" are the market prices for the said merchandise and services, and are the prices which the defendant(s) agreed to pay therefor. 4. All the credits, if any, to which the defendant(s) is(are) entitled are set forth in Exhibit "A" 5. Plaintiff has made demand upon the defendant(s) for payment of the amount due, but the defendant(s) has(have) failed and refused and still refuse(s) to pay the same or any part thereof. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,091.16 together with interest and attorney fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI ERG, ESQUIRE PAUL M. SC LD, JR., ESQUIRE Attorney for Plaintiff POMS VERIFICATION FREDERIC 1. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. FREDERIC I. E ERG, ESQUIRE EXHIBIT "A" z? a71?3 ti¦d Y /31/2005 02:20 FAX 425 580 9946 AT&T WIRELESS faj 001 ago 0 - EXHIBIT A Bill of Sale and Assignment of Accounts Cingular ("Seller" or "Assignor"), hereby absolutely sells, transfers, assigns, sets over and conveys effective as of the date hereof to Cavalry S'PV T, LLC, a Delaware limited liability company organized under the laws of the State of Delaware ("Assignee"), without recourse and without representations or warranties except those as outlined in the Agreement (as defined below), express or implied, of any type, kind or nature: (a) all of Assignor's right, title, and interest in and to each of the Accounts Identified in the Account Schedule attached hereto as Schedule "A" (the "Accounts") together with the Records and any other evidence of indebtedness, if any, and (b) all principal, interest or other proceeds of any kind with respect to the Accounts, but excluding any payments or other consideration ntceived by or on behalf of Assignor prior to the Cut-Off bate (as defined in the Agreement) with respect to the Accounts. REDACTED This Bill of Sale is being executed and delivered pursuant to and in accordance with the terms and provisions of that certain Purchase and Sale Agreement, made and entered into by and between Seiler and Purchaser, dated March 31, 2005 (the "Agreement"). The Accounts are defined and described In the Agreement and are being conveyed hereby subject to The terms, conditions and provisions set forth in the Agreement This Bill of Sale shall be governed by the laws of the State of New York without regard to the conflicts. of-laws rules thereof. DATED: 3- 31-D Si Cingular Wirel s LLC BY Name: Cayl Glosenger Title: VP, NAS Bc Rec. Management STATE OF ) ss. COUNTY OF ) ANN E. BARNES ' STATE OF WASHINGTON HOURY- • - PUBLIC MYCOMM19alON EXPIRES 0237-87 This Bill of Sale and Assignment orAccounts were acknowledged before me on the 3lS-tday, of V\O vL ., by Ga rr l 66JLS,+>g_ a t_ - as an authorized Officer of Cingular. My Commission Expires: eL-a 1- d 1 Notary Public in and for the State of VV-i 0 5?' ?„c ham, 6876199999-701 NYWORDI2876904 0612512004 01:00 PM EXHIBIT D Limited Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that Cingular Wireless LLC ("Cingular"), with respect to those certain purchased Accounts, described in that certain Purchase and Sale Agreement dated March 31, 2005 (the "Agreement") between Cingular and Cavalry SPV I, LLC ("Purchaser"), hereby names, constitutes and appoints Purchaser, any Third Party Owner, or any of their authorized agents, employees or representatives, its duly authorized attorney and agent with limited power and authority to i) endorse checks and other negotiable instruments which may be received by Purchaser pursuant to the Agreement; ii) perfect, maintain, and release any security interests in the Accounts sold to Purchaser under the Agreement; iii) transfer and obtain any titles, evidence of ownership for the Accounts sold to Purchaser under the Agreement; iv) settle any insurance claims or litigation and apply for any insurance, warranty or sales tax refunds for the Accounts sold to Purchaser; v) terminate or modify any third party agreements for the Accounts sold to Purchaser; and vi) to perform any and all acts relating to the Accounts which the undersigned was entitled to do as the owner of said purchased Accounts for the Accounts sold to Purchaser. Capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Agreement. EXECUTED this 31st day of March, 2005. Cingular,Wireless LL By:?a` Name: t7o,;,r1 Title: C6? kn n STATE OF ) C eo; Jc 4. ss.?C COUNTY OF ) r u 146 r5r"?` Qer.I This instrument was acknowledged before me on the-315` day of Mer&,, 2005 by DAui n Sopil e asUie6cT,e-xm onbehalfof Cin?u.ld.(LuiCr4ss `r.c. . a. 1 5 Al 1 M11 11611"- 1,P-'--', n Notary Public in(4nd for tte State of C`t'r 3 ra. C3en7m1ss,c? PvplrAs $?15?JCO7 07115/2004 \Newome LU C ?C eedu W, f eless ag-jf,wr\N*irelv AT&T Wireless welcomes you Thank you for choosing AT&T Wireless. Before you get started, please read the following important information. Terms and Conditions By using the phone or service, or by paying any amount billed to your account, you consent to the Terms and Conditions set forth in this guide.. If you do not agree with these Terms and Conditions, do not use the phone or service and notify us immediately to cancel service. A full copy of theTerms and Conditions can be found starting on page 21. Your Service Plan Please refer to your service plan brochure(s) for rates and complete deans for the plan you have selected. Delayed Charges When traveling with your phone, service may be provided by other carriers. Sometimes we do not receive these charges from other carriers in time for your next scheduled MIX charges are delayed,they will be Included in the following month's invoice and may impact the amount of your bill, Please review your calling plan brochure for more information regarding the calculation for your particular calling plan. Alternate Formats For a copy of the AT&T Wireless Welcome Guide In Brailleiarge primr audio cassette, or diskette, please call 1 800 88&7600 (FfY users dial 1866 4-AWS-TTY). En Espanol Para obtener informad6n an espanol, por favor marque 1 800 648-6000 12 Using your phone 14 Security options 15 30-day return policy 16 Customer service 18 Driving wireless safety 19 In an emergency 20 Traveling with your phone 21 For our customers with disabilities 21 Terms and Conditions O' a I? For Online Customer Service: www.attwireless.com Then click on the Customer Service tab. For information on using AT&T Digital PocketNet service: (For AT&T Digital PucketNet service subscribers only) vewwattwireless.comlpocketnet For Online AT&T VoiceMailTutorial: www.attwireless.com Click on the Customer Service tab. Under tutorials, tips and demos, select AT&T Voice MailTutorial. Wireless Accessories www.attwireless.comlaccessories Phone Numbers Customer Care 1800 888-7600 To manage your account and features or m speak wish a represente&e Customer Care (TTY) 1866 4-AWS-TTY New Account Center 1 888 866-4976 To obtain your new wireless phone number. Equipment Insurance by l-ockton 1 877ATT INSU AT&T Connect' 411 For DirenoryAsdstancecharga is 999 per call plus airtime and applicable long distance and roaming charges. Includes up to 4 listings and connection to requested number(s). , A bill reflecting your call activity, wireless dam activity, and applicable service charges will be mailed to you each month. Your First Invoice for your convenience,a special brochure will accompany your first bill with a detailed explanation of how to read and understand the charges associated with your wireless service The first invoice you receive will be prorated for the monthly service and the Included text messaging and voice minutes in your selected oiling plan. Also, an activation fee will appear on your first Invoice, unless you are notified otherwise.. Alternate Billing Formats We now offer billing in Braille and large print See page 21 for more information about access to wireless communications for our customers with I isabliftim AT&T Wireless Customer Advantages" Calling Plan Flexibility With the AT&T Wireless Customer Advantage program, you have access to the best calling plan value If you notice your usage changing and would like us to conduct a calling plan analysis for you. just all Customer Care-You an update to a qualified ailing plan-without fees to change service or contract extension Recommendations based on number of minutes wed by customers In excess of plan included minutes,are l iced to nationally asaaabie AT&T Wireless oiling plans cniy and are nota guarantee of lower wireless msm May require purdosduse of different wireless devlcaDoes not apply to promodonal.prepald or certain business calling plain Digital Multi-Network Phones (including wireless Internet-ready phones) If you purchased a Digital multi-network phone, you an set up your service from home If you already have an AT&T wireless phone number, and have provided us with your account information, refer to set-up Option is Connect yourself. If you have not already given us your account Information and do not have an assigned AT&T wireless phone number, refer to set-up Option 2 Call to connect Wireless Internet-Ready Phones Only Your wireless Internet-ready phone operates in two modes,volcc and DATA. In VOICE MODE, your phone works like a regular wireless phone In DATA MODE,you can use AT&T Digital PocketNeel service. When you are in DATA MODE, you an access AT&T Digital PocketNet service only if you are within the AT&T Digital PocketNet service area, and you will not receive phone calls. To switch between these modes, either press the moor or MENU key depending on your phone model. When you turn on your wireless Intemet-ready phone for the first time, the phone will be in VOICE Moor. Remaln in VOICE MODE and follow the activation Instructions under Option I or Option 2. Please Note If you do not have a wireless Internet-ready phone or other Digital mold-network phone, or you have service with us and have upgraded your phone equipment to a wireless Internet-ready phone or other Digital muld-network phone, then the following steps are not necessary Your account should be set up and your phone should be working. If your phone Is not working, call Customer Care from your home or another phone. If you have a wireless Internet-ready phone, you will need to activate yourAT&T Digital PocketNet service. To do this, you will need to be in an AT&T Digital PocketNet service area. Please see page 9 for details sf r ? t ?? sh ri'?t tt F ? f l? -2_ c ?l `OPTION I CONNECT YOURSEEF OPTION 2 CALL' CONNECT To Register with the Voice Network to Place Phone Calls If you have a Digital multi-network phone (including wireless Intemet ready phones), and have already received yourAT&T wireless phone number, lust follow the simple steps below to connect to the network. 1. Charge your phone's battery for 24 hours. Refer to the phone's user manual for the exact insttucdons as charge times vary. 2.. Your account was set up at the time your phone was purchased; however, the phone must now be registered with the network so it wig operate-This process is automatic, but you must be within the AT&T Digital PCS service area (see your calling plan brochure to identify the service area). Your phone will display the •'D" symbol Imitating you are within the AT&T Digital PCS service area. Ifyou am not vmhin the AT&T Digicd PCS service area. then you need to mwi to it with the phone on within three days from the date of purchase to complete this prove. If three days have passed since you purchased your Digital multi-network phone (including wireless Internet-ready phones), and you have not connected to the network, please call Customer Care at 1 800 888-7600 (TTY users dial 1 866 4-AWS-TTY). 3. Turn your phone on and leave it on. Once your phone is registered on our network you will see "AT&T"' on the phone's display and you're ready to male: and recelve calls If your phone does not display "AT&T' within four hours please all 1 800 888-7600 (M users dial 1 866 4-AWS-TTY) from a phone other than your wireless phone for assistance. Wireless Internet-ready phones only. You are now ready to activate AT&T Digital PocketNeto service. See page 9 for details. To Register with the Voice Network to Place Phone Calls if you have not given us your account Information and do not have a new AT&T wireless phone number, follow these simple instructions. We will sec up your account and connect your phone to the network 1. Charge your phone's battery for 24 hours. Refer to the phones user manual for the exact instructions as charge times vary,. 2. Read the AT&T Calling Plan brochure and select the calling plan that fits your needs. if you do not have this brochure, stop by your nearest AT&T Store for a copy 3. Review the General Terms and Conditions located In the back of this brochure. once you set up your service,you will be bound by theTerms and Conditions, so It is Important that you understand them. 4. We will require the following information to set up your account Your name, address, home, and work telephone numbers, Your driver's license. • Your Social Security Number and birth date. • Your selected AT&T Calling Plan (from step 2 above). • Your phone's electronic serial number (ESN). To locate the ESN, remove the banery from the back of your phone.The eleven-digit ESN is looted on the Milm sticker on the back of the phone. S. You must live within the AT&T Digital PCS service area to activate your phone. Please refer to your calling plan brochure for service area information. If you do not have a calling plan brochure, we will assist you in identifying your AT&T Digital PCS service area. (Continued on next page) a ACTIVATIN G AT&T DIGITAL OPT ION 2 'C ALL TO CONNECT R ° E pOCKETN ET SE VIC 6. Turn on your new wireless Digital multi- network phone or Internet-ready phone with a fully charged battery. 7. You now have all the information necessary to at up your service. Prior to setting up your account, you will see "Home" on the phone's display You should also see a small "D" symbol which indicttat you are in the AT&T Digital PCS service area. Call the AT&T Wireless NewAccount Cancer at 1 888 866-4976 from your home or office phone. During this phone all we will: • Ask for your information (from Step 4). • Confirm that you have read the GeneralTerms and Conditions and agree to them (from Step 3, see pages 21-75), • Verify your credit standing, which will determine our service billing arrangements with you.. • Assign you an AT&T wireless phone number. • Activate your phone. • Answer any additional questions you may have.. 8. Leave your phone on. Your phone's display will change from "Home' to "AT&T" to let you know that you an now place and receive ails. Wireless Internebready phones only You are now ready to activate AT&T Digital PocketNets service.See next page for details. If your phone does not display "AT&T' within four hours, please all 1 800 888-7600 for assistance (M users dial 1 866 4-AWS-TTY) . Note:Gedltapprwal andfora valid major credit and may be raqulred for service biling.Unge lindtations May apply A w.lrel'etis Internet•ready'Phorm is requj,pJ f8"r-'(1T8tT DSgitai?Pdck'etNeE-sy'rv(cP:It:yLu ilp not have a wireless, 7ntgrhrat4eW} ..phone, please,fOM to page l I to si3t;4p your.AT&T Vtid=fail boil. „ Getting Started Please be sure you are within the AT&T Digital PocketNet service area (see the AT&T Digital Pocked let Service brochure for service information). . . Turn on your wireless Internet-ready phone. Switch the phone to oATA MODE. Waft for the service to connect to the Internet. It this Is your first time using AT&T Digital PocketNet service, the screen displays that follow will help you sec up and customize your service. 1. You will initially receive a massage regarding security. Press the key under M (YES) to enable the security feature.This will prevent any other phone from accessing your acccuncThis will take a few mimetes.. 2. Once this step Is completed, you will see a screen entitled 'Tutorial."This tutorial will explaln how to use the keys on your wireless Intemec-ready phone to navigate through the AT&T Digial PocketNet semice.You can view this tutorial now, or press the key under sKin.. If you skip the tutorial, you can return co It later under the home screen option entitled "AT&T." 3. Next,you will have the option to selecta user name.This will be your user name to access your Personal Web site and your e-mail account (see the AT&T Wireless Features Guide for e-mail insuuctians).Your user name must be at least 3 characters In length and may include numbers or letters. If the user name you select is already In use, you will be prompted for a new user name. Press OK. (continued on ncMpara) 4. Next you will have the option to select a password.The password must be at least one character in length and may include numbers or letters. Press OK. If you forget your password, go to "AT&T" on the home screen and follow the prompts to choose a new password. 5. If you selected either the AT&T Digital PockeWet Plus or Premium Plan, you have an AT&T Digital PockeWet e-mail accountYour AT&T Digital Pocketet e-mail address is your username@moblleattnet. Once you have completed these steps to set up and customize your service,you can access the AT&T Digital PockeWet service home page for the plan you chose: Basic, Pius, or Premium. Depending on the services available with your plan, you can explore featured wireless Web sites, access yourAT&T Digital Pocketet e-mall, or connect to AT&T Digital PockeWet organizer features, including Calendar, Contact List, and To Do Ust. Note AT&T Diginl PockeWet service operates on the AT&T wireless data mravork. which I. different than our wireless voice network-Therefore. you will not be able to use AT&T Diginl PockeWet service everywhere voice service Is available. Please see the AT&T Diginl PockatNet Service brochure for coverage information. Your caller's Gals start leaving voice messages as soon. as you activate your phone, so it is ImpofiaSjG,ilj@t jou setup yourAT&T VolceMall box and O'm70isal greeting Irtirnedhztely.- AT&T 0,Ij6A.Pockeillac°, service subscribers: pleise iwitth.goup phprte io. Vtjic¢ Mane before setting up your AT&TVOia Mail box:' To personalize your password/greeting: • Dial your wireless number from your wireless phone or any touch-tone phone. • When you hear the voice mall system greeting, press MR to interrupt the greeting. The system asks for a temporary password. Please enter 00 (9 ft, At the prompt, using the keypad, enter a new, easy-to-remember 4- to I5-digit number, then press 0 This Is your new password for retrieving voice messages. The system will prompt you to record your own personal greeting or select a standard system greeting. To listen to your memagest • Olal your wireless phone number. • Press S to Interrupt the greeting. • Enter your password. • The system will automatically play now voice messages. • After you review a message, the system will prompt you to Save or Erase. If you do not respond. your message w111 be skipped, and the next message will begin to play. Note: You will not Incur airtime charges for calls answered by AT&T VolteMail when you retrieve messages from a landline phone.. For an AT&T VoiceMail tutorial: • Gotowww.attwireless.coml. • Click an the Customer Service tab. • Under tutorials, Ups and demos, select AT&T ValceMail Tutorial. 'User Insoocdom may vary in some AT&T Wireless markets 10 All wireless phone models operate similarlyThey have a specific key to begin calls and a key that ends calls. Another key ernes the last digit entered. For this guide we use dice symbol @I (YES) to identify the key that begins calls and 0 (NO) for the key that ends calls. is used m identify the'braser" key Refer to the phones user manual to identify these keys on your phone's keypad. as they differ depending an make and model. Placing Calls Direct Dialing Wireless phones don't have a dial cone.. First you dial, then place the all Nom If using a wlraless Internet-ready phone. make wre you are In voice MODE. • Tum your phone on. • Dial the number you are ailing If you make a mhtake,you can erase It by pressing theft key • Press the ft (YES) key to place the all. Local Cans Dial the 7- or 10.digit r umber,press 01 (YES). Long Distance Calls Dial I + area code+ 7-digit number, press (t (YES). Credit Card Calls Placing credit card ails from your witless phone is Identical to credit card calling from your home or office phone. Dial 0+ area code + 7-digit number, press @& (YES).. International Dialing Dial 011 + country code + routing code+ local number, press ft (YES). International dialing is an optional feature. Certain conditions apply Ending Calls lea important that you end every call. Please keep in mind that if you do nor, you may be charged for airtime even if the other party hangs up.To end the all, press @J,. (NO). Answering Calls Your phone must be turned on to receive calls.When your phone is turned on and you receive a call It will ring. Note: if using awireleu Internet-ready phone make sure you are in voice MODE. • To answer, press ad (YES). Then to hang up, pros ff. (NO). 12 Abbreviated Dialing For Customer Care 24 hours a day, dial 611 and press (ft (YES) (TTY users dial 1 866 4-AWS-TTY). For emergencies, dial 911 and press (illy (YES).. Refer to page 19 for Emergency help, reporting accidents, or notifying authorities of dangerous mad contrition. System Limitations Beaune of the inherent characteristics of radio frequencies. service may be limited or ails may be interrupted for a variety of reasons.. Actual coverage depends on system availability, terrain, weather, signal strength, customer equipment, and other factors. Service may be temporarily rimited or interrupted due to system capacity limitations and system repairs or modifications. Service may also be provided by other carriers. Dropped Calls If you place a all in your local area and it is dropped, our system will automatically credit your account for one minute of airtime charges above the minutes Included in your calling plan, if you reconnect with that party within one minute.Automatic all credits are available In most AT&T Wireless markets. For other dropped ails, contact Customer Can for credit information. AT&TWireless Customer AdvantagesM Upgrades After your first year of service with AT&T Wireless, you become eligible for discounts when you upgrade your technology through the AT&TWueless Customer Advantage program We offer models with our latest capabilities and enhancements so you can say on cop of current technology, Visit wwwattwireless.com or call Customer Care to explore your options Qualifying customers in good standing only on 12-manth voice along plan. Accessories You may wish to explore phone accessories such as ear buds, battery chargers, and decorative faceplates. Depending an the make and model of the phone you purchased, you may have already received phone accessories. For more information on ordering or using accessories, visit wwwattwireless,comlaccessoriml, 13 Authentication Authentication is an advanced anti-fraud technology from AT&T Wireless designed to make your wireless service more secure. Authentication helps prevent counterfeiters from stealing your phone's signal when within the AT&T wireless network Best of all. It doesn't require any additional steps on your pan all you need Is an Authendation-ready wireleis phone (most digital and newer analog models offer this capability). It's absolutely free. And Authentiation will automatically be added to yourAuthenticadon-ready phone as is becomes avallable across the nation..Available only In select areas. Equipment Insurance by Lockton We understand that you can't afford to be without your wireless phone. For a low monthly charge, this program Insures your portable wireless phone against loss, thek or accidental damage not covered by the manufacturer's warranty. To sign up for this security and convenience or to Inquire about terms and conditions, simply all the Lockton Wireless Insurance Center toll-free at 1 877 288.4678. When you activate new service with AT&T Wireless,ws are confident that you will be pleased with your purchase. However, 8 you are not,md you purchased your phone directly from AT&TWireless, new wireless phones and accessories can be resumed to the original place of purchase within 30 days under the following conditions: • Returned hem(s) are accompanied by a proof of purchase. • All original materials (accessories, manuils, packaging, etc) are Included with the item. • The Item is In re-sellable condition (no craclo,scratches, liquid damage, etc). If there Is a question regarding re-sellable condition, AT&TWireless will have final decision as to whether the item an be returned or exchanged. • Check rerunds will be pmcessed and paid within four to six weeks. • Cash refunds of up to $100 will be issued at the store if funds are available. • For AT&T Prepaid products, please consult yourAT&T Prepaid User Guide.. If you did not purchase your phone from AT&TWlreless, please contact your retailer for its return policy. In hddltion,you niu3t pefspgglly cancel ydpy accotintby cdllingAT&T Mfeless Customer Care it 1 Bob 888?7bt)0.(TTY u ;vr? dial. 1 866 4-AWS•TT17. You are efio ieyuired to pay any applicable service or usage charges. 14 is The AT&T Wireless Customer Advantages" program offers you several convenient ways to find us when you need us_ Online at www.attwireless.com Our Online Customer Service makes accessing and managing your wireless account simple. Easy navigation and a clear, comprehensive choice of options allow you to review or customize your account In very lirle time. To start, follow these easy steps: 1. Gotowwwattwireless.com/. 2. Crick on the Customer Service tab. 3. Enter your information as requested to register Once regutered,all you'll need Is your wireless number and password to access your wireless account View Account Information Review your conma Information, current account balance. and ailing plan anytime you want Update Account Information Revise and update contact Informadon. Including your address and contact phone number. Calling Features Personalize your wireless account by adding or deleting features such as AT&T VolceMail and Call Waiting. See your AT&T Wireless Features Guide for more Information. Billing View up to the last four months of your billing history and take advantage of our Reverse Number Lookup feature. Payments Make a one-tlme credit card payment or choose our Recurring Credit Card Payment feature. Note:Onane Customer Service J. not available wall customers, Some customer accounts do am have access to all Imcdoidity. By phone at 1 800 888-7600 To review or manage your wireless account with a single all, dial AT&T Wireless Customer Care at 1800 888-7600 (f Ty users dial 1 866 4-AWS-TTY). You'll be asked to enter your wireless number. Press 03 when prompted for Automated Services to customize your wireless account. Account Balance Get your account balance, acquire a copy of your bill, or make a payment with a credit card. Features Information and Changes Make changes w your wireless account by adding or deleting any of the following features: AT&T VolceMail. Call Waiting, Call Forwarding, and AT&T Caller ID.. Equipment Information Get information on equipment, and even purchase new equipment and accessories right over the phone. Press(911 to speak with a Customer Care representative at any time during our prompts and menus Note: Automated Customer Service is avmllabie in most AT&T Wireless mark= Visit Our Wireless Experts For face-to-face service, lust visit your foal AT&T Score. Weve staffed more than 600 full-service AT&T Stores nationwide to assist you.Avallable convenient weekday and weekend hours, our staff is equipped to answer your questions and provide the information you need to make your wireless decisions. Or, to see our latest in equipment and service offerings,you may also visit any of ourAuthorized Dealer focadoos. With AT&T Wireless Customer Advantages", You have customer service options that fit your lifestyle. 16 17 DRIVINGWIRELESS SAFETY IN AN EMERGENCY Your wireless phone gives you the freedom and flexibility to stay in touch when you travel. P- verthe safe and responsible use of the phone depends entirely on you. Avoid accidents by not reaching for the phone or talking on the phone if that distracts you from driving safely Your life and the lives of others are at stake. Arrive safely. Ensure your safety and the safety of others: • Always buckle up. • Keep your hands on the wheel and your eyes on the road, nR• Dont let a phone call distract you from driving safely. A42. Carefully consider whether you should use your wireless phone while driving. Factors to consider include driving skill and experience, familiarity with the vehicle, and traffic and weather conditions.. Consider your alternatives: • Allow voice mall to handle your calls and then return them at your convenience. • Pull off the roadway If safe and legal to do so. • Ask a passenger to place or answer the ca1L if you do use your wireless phone while driving, use good judgment. • Tell the caller that you are driving and may have to suspend the conversation. • Position your phone within easy reach.. • Use a hands-free device. • Use memory dial and automatic rectal features Iran emergency ocars,dal Mil iftWhere 911 knot available,you will need to identify the appropriate local emergency service number to call for assistance, Important: If you are in an area where your phone is searching or scanning for a signal or there is no signal, it is highly probable that a call to 911 will not go through If your wireless 911 all is not going through, locate the nearest landline phone and call for help, Also,TTYs (text telephone devices) are currently not compatible with digital wireless phores and should not be used for 91 t alb.. Wireless 911 oils do not automatically provide emergency personnel with your name, phone number or location-Tell the dispatcher: • Your name and wireless phone number, including area coda • The nature of the emergency. • Whether polfce,fire or medial assistance is needed • The exalt location of the emergency,including cross streers,mlleposts or landmarks. Remember: Lock your key pad to prevent unintended calls to 911. For more information visit: wwvv attwireless.com/generaffour_company/awareness/. Memorize your keypad • Dial numbers while you we not moving. • Do not engage in stressful or emotional conversadom while driving. • Never take notes or look up numbers while driving • Do not use data functions such as text messaging or Web browsing while driving Please respect all applicable laws concerning the use of wireless phones. Some states or municipalities may not allow the use of ewbuds or headsets, and some municipalities require hands-free use. A message for parents•.Reviiew the options for responsible use with your new driver and establish guidelines for phone use in the car. iB 19 FOR OUR CUS TOMEA TRAVELINWITHYOLIR PHONE WiT H:D,i SABIL 1TfE$ When tmve0ng o%xmWe your Home CallirsgArea, cabers simply dial your local wireless number, and the all will be delivered wherever there is wireless coverage across most of North America. In most areas you an place tails the same way you do in your home area. You will be responsible for any applicable roaming and long distance charges. See your calling plan brochure for details.. When traveling outside your Home Calling Area you will have access to your standard features. However, for access to your Digital PCS features you must be within an AT&T Digital PCS service area; please refer to your calling plan brochure for details. Traveling withYour W ireless Internet-Ready Phone When traveling outside an AT&T Digital PocketNe& service area, you will not be able to access your wireless Internet-ready phone's DATA MODE. Data messages sent to your phone while outside an AT&T Digital PocketNet service area will remain in the mail inbox on the network. When you return to an AT&T Digital PocketNet service area and you access the DATA MODe on your phone, the phone will alert you of pending e-mail with a beeping alert. However, the maximum size for each Individual e-mail message is limited to 2MB, with overall mailbox capacity limited to 50 e-mail messages. Once the 50 e-mail message capacity has been reached, even If e-mail messages have not been opened or read, additional incoming e-mail messages will cause old messages to be deleted to make room for the new massages. All e-mail messages In your Inbox, both read and unmad,wlll be deleted after 90 days. Messages that you wish to save must be moved to your Saved folder, 20 AT&T Wireless Is committed to ma ring its services and products easier for everyone to access. Wireless phone manufacturers are also working co include access features in their phones, handsets,and accessories so that customers with disabliides can enjoy the benefits of wireless communications. Our sales associates and Customer Care representatives are trained and ready to help you explore some of the features, services, and accessories currently available,so you an select the products that will best meetyour wireless communicadons needs. To learn more about the AT&T Wireless commitment to disabilides.Yisit our Web site at wwwattwireless-corn, select Our Company, and view the information under DisabflityAccess at the right of your screen, Or you can pick up a copy of For Our Customers with Disabilities at any AT&T Store-Our AT&T Wireless Welcome Guide and Features Guide are available in alternate formats Including Braille,large print, audio cassette,and diskette. In addidon,we can provide your billing In Braille or large print upon request. Simply all Customer Care at 1 800 888-7600 (TTY users dial 1 866 4-AWS-TTY) to order the format you prefer Get the most out of your wireless service by knowing the parameters of your Agreement with us.PLEASE READ THESETERMS AND CONDITIONS CAREPJLLY.They govern the relationship between you and AT&T Wireless and explain our respective legal rights concerning all aspects of our relationship, Including: • Billing and charges. Starting and ending service. Privacy and confidentiality. • Early termination fees. • limitations of Ilxbilily and warranty. • Resolution of disputes by arbitration Instead of court trials and class actions. IFYOU USETHE SERVICE ORTHE PHONE OR IFYOU PAYANY AMOUNT BILUEDTOYOURACCOUNTYOU CONSENTTOTHE TERMSAND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOTAGREEWTiHTHESETERMS AND CONDIT ONS. DO NOT USETHE SERVICE OR PHONEAND NOTIFY US IMMEDIHTELYTO CANCEL SERVICE. 21 GENERAL TERMS AND CONDMDNS FOR WIRELESS SERVICE 1611 h e ('_AgnmeW) kfor wind" mom telecommniatiwe mom and shad .7o kmm X:Y ' mem yea and In a13m of NaT imp Rmu l to p an& Service in the era amoaad wills year soloed dePhoa, lam wall" memprq nwAet(r) De nm'Pbm" mom to Video ranted end mans"g ry"p"a dm an aahobd Y be invoiced with the Number and ay emmYt (.SERVICE Cancellation See. The eon of IUn1Wt AM 109 He In. 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Billing and Payment We nog prmide your ball in a format m choose, "Nth wiry doge ban dm to You. Fantasy of d chaps k due open a* d'imim.6dmg eyde ad Nor may doge hen on m lineWhm a hamq qtk man Im do or moo Van a W mmtls an my orb nmaabk adpttmena and president, Ainime wage may be bakd'm o wtmequm "nth de a defend rtpomg btmxn m1m; Ihh note VM be dmgd as if awl h de month bitd.l_ym Ant ,A needs cad or muly aedt and, m addtioual noun tt emmwt he rzgwed efar r in dot t ¢adp and or aa c. late Paymentay ntilDl e pry or a sppr a?e among ft unpaid de 20 moue chop after she of & dam m ofNw Ito sem ii yea su it p" lie huh."Yo leeb RMAnyiname of lam or Fame ,a du6 n gaMMdd IN dal Ica nom et NJ 0 in our sights a ma at is b In a an " brit m aYe b! mina alto wdu dm Alnrnei pa e : no an d hr sk in per(DEng7kn far any odkk or n rd marby dm G ba d ena ? m aamtma due. bdmdq dilryad wmna ant b bae ppew by ngaW wf dkdm AU mmmiaom mtadn dmvld am samaff saaionou mood as lot bmbbm of de eomnn and min be mg, ((s?T nai¢d'Dfog Rpm" an Ye eotide of de wdopt.R "m Is v" mats, to the bmb,ed(w) oohedtry as nkm 10dale>ber mops thin imam Awry Mount it rot mA you w9 wain way rbjedmn aAUfarmainadcan. 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CHANGES TO THIS AGREEMENT We nay -and de as AT Ida Apeamu, k&hg do I*% Pbn ad 461 Wrlm Wdaa Goide ad AT&T Not PomlNelm usda Ram ups adsm rode II you do at rye w do medav, yen my van dnm d- AgrtaanI q tint u eerie (idea 70 drys d de Ann r ?S6 yen, pat dmpd erg a Sao tl Scu m do krd¢ ooe dm M dqa ante m mIA/ IN AT a hinge, pu agree m tlnt donge.Tou Asa de"m dm yin [dheg Phn a loran n ry dm % nordjmg w• ad yr m>) ak a6anmg d dam AT wr pmendm kr xAi6 yeu gGmBp, pmddA thn tau umPh and try ne4nranr d the dnp a de promodn bulAlo yabm appeabk nlwdfg the am d 6. AgrmwLAry shinty AN aim tBea q Pun n¢I 68m1 ryde N pu nom m a ( Pa Aaimg A trnn uNd h dwsta dm yen pmian faPng Hat yr map mean o6f?ud b dm tun d the pndm hfpq Rea q rat a0r p- m mend yar amine to a anperay pmed,.1 may mad de am d yin Apamnt by 6e Imgd of der amityel mpndot 4. LIMITATIONS. Sine'ry 6Anom d row dm sin oaAda d Aron warnadn a de hriadema mdnMn d 6aM5tp kr hddmnl A, mmtqum- damga kaHdngN, mate al de aaadm andhad a tin same any me ugly/ m 1m a.limitation of ILabllity. WE AAE Nm AN FOR AM OR OHNNONS OF ANOTHER WE HOLD UL OW 4tIURN CURB OR DURYdS ZEROING IAND USE Of THE PHONE OR YNan Ymm OP RAONG A NNON VEHICLE NAY At PROHIBITED Owl NRNERD By RRY W SONS ARM. IT H TOUR RESPOIIS1111f1E YO (OIIFOAN TD Aft To TAWS ON IEGUTAM10 AND YOU TMIL FaintaR IT NOR BAN%ARISING FRON AIR BAR UNRWRA USE RE NAM S W1 mRRRE TERN TO OF NN WEENENT. c No War ssntlas. WE RARE NO EXPRESS WAARAHIY NGARDWG USE SNRU OR THE Film w a5L4n AN1 DIPSUD W.WlNR, IHUIDIHG ANY WAAIRNH OF HEIVIANTUAW 01 HINESS FOR A PAATF UUA PUAPOSLWE DD NOT AUTHORIZE ANYONE TO WE ANY WARM ON OUR REHAB ARM YOU EXAND "Of PRY ON ANT SUOI RARNENLWE ARE Nm THE HANUREIUBER OF ME PHONE AND ANY SRUNEHf BEGINNING R SHOULD NOT It NHIPNRO AS AWAANND'. D6 PARA WNI Stull R11ME TIMI RTION OF TIM AMOUNT. S. RESOLUTION OF DISPUTES. PANE AM THIS SEUION Lithi . R AFFEER 4GHU THAT YOU NAT ONERWNE IIAX IT PROVIDES FOR RESOLUTION Of most nwwi THROUGH ABBDMOON INSTEAD OF COURT 711115 AND GASS ACTUAL.ARIOMTION U REAL Ago BINDING AND SU ER TO ONLY TERY UNDER NEYIEW BY A COURT. NN ANITNRON v. Binding Arbltradon.Ary dopua a dabs atm1ng out d a Idadng to d'n Atmmm a to any prodmd a unit prorid m mrm'mn with ride Agrtumnl (wheAer bad in mntrad. inn, samu, and, mmepmmnoa or asp who, legal diary) ai) be mmkd by Faring abortion d¢p oat (1) you wry ob dins m ong daau rare N 6ry Lj ear keaang by suck a am, a (1) you or rat aay, dome mqvm e dais in wort d 6e demo slot aleN An de talent tiny debo yen ua to..Nowlin, era kr apart mine that map be oaa m mat, yin and m had What any down kt pmi6e dlaoga and at right m p.k ddm a a dm a retenamavm bah b. Arbitration Praeaduros. 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M Adtdthntrn AN, ad tra OI a arbitration xW be deemed egalp between you aid %mmpt dal far min al lea Ann $1,600, In wit be obipa d m N SBS ad an ON pq AN odor adrnhnda and ad fate In AN arbitration, tab Pat a bear the a ON Ns nn Omni up", witnesses ad pepntia W pnnmman of evddm¢ at de whaadm OF. Waiver of Punitive Damage Claims and Clan Actions. By die apamnL bath pen ad we an waning own A& m Iogem dcpues in ma II far wg leaser this wNndm data b dead mpplabie w wd1, pro Ad m both mm, a the May matt Mowed by tow, tad dabma m Answer punitive m mgkq dumga tad any Attie m Pone erg ddm a s dm At mraNmd bass or h a rtpmamim apdry 6. MISCELLANEOUS a, Prhuecy.% an not hhk to any bade of prinsy rddd may be apda¢d wick no to the Semen. Too nthome err madmdng ad rtmrhng of ago a of amnming your amuck or the kni¢ ad mm to at we of admit daing equipment An antra Tin Wh hoe de debt m bennapl and dndme'Af trmmiuiw we of holder in order to grata our dg d or property Fe. Assignment. We my coiggnn an or pat of tide Apeem et without ode Assignment being maihred A deal, W the A mint ad nim et me. m yooWe No don "hoed Am an kami- u my ml nip tlis Agnunal aidmt Ave prier wmaa areal. e Notices. 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SHERIFF'S RETURN - REGULAR CASE NO: 2006-00959 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAVALRY PORTFOLIO SERVICES LLC VS DRABENSTADT ROBERT WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DRABENSTADT ROBERT the DEFENDANT , at 1931:00 HOURS, on the 21st day of February , 2006 at 136 SUNNYSIDE DRIVE CARLISLE, PA 17013- 9039 by handing to ROBERT DRABENSTADT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 5.28 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 33.28 02/22/2006 GORDON & WEINBERG Sworn and Subscribed to before By:7 -/? me this I&,+- day of Deputy Sheriff u .hbUCo A.D. Proth ry 2022793 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Cavalry Portfolio Services, LLC as Assignee of Cavalru SPV I, LLC as Assignee of AT&T Wireless/Cingular COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ROBERT DRABENSTADT DOCKET NO. : 06-959 CIVIL NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $1,091.16. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. BY: FREDERIC I. FIN ERG, ESQUIRE PAUL M. SCOFI D, JR.,ESQUIRE Attorney fo Plaintiff Dated: March 28, 2006 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 91360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81899 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Cavalry Portfolio Services, LLC as Assignee of Cavalru SPV I, LLC as Assignee of AT&T Wireless/Cingular Vs. ROBERT DRABENSTADT COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO 06-959 CIVIL PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, ROBERT DRABENSTADT, and assesses the damaya,s as per statement below. FREDERIC I. WEI PAUL M. SCHOFIE Attorney for Pl QUIRE ESQUIRE Principal $1,091.16 Interest from January 28, 2002 @0% $.00 Total: $1,091.16 I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. FREDERIC I. WE, ESQUIRE PAUL M. SCHOFI LD, ., ESQUIRE Attorney for P arntiff Filed: By the Prothonotary: AND NOW, this day of 200 Judgment is entered in favor of the plaintiff(s) (and against defendant, for want of an answer and damages assessed at the sum of , $1,091.16 as per the above certification. tel. ( C. Prothonotary GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Cavalry Portfolio Services, LLC as Assignee of Cavalru SPV I, LLC as Assignee of AT&T Wireless/Cingular VS. ROBERT DRABENSTADT COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO 06-959 CIVIL CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; Cavalry Portfolio Services,LLC as Assignee of Cavalru SPV I, LLC as Assignee of AT&T Wireless/Cingular and that the last known address of defendant, ROBERT DRABENSTADT, 136 SUNNYSIDE DR, CARLISLE PA 17013-9039. GORDON & WEINBERG, P.C. BY: FREDE C EI BERG, ESQUIRE PAUL M. CHOFI D, JR.,ESQUIRE Attorney laintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Cavalry Portfolio Services, LLC as Assignee of Cavalru SPV I, LLC as Assignee of AT&T Wireless/Cingular COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ROBERT DRABENSTADT DOCKET NO. : 06-959 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he represents the plaintiff in the above- entitled case; that he is authorized to make this affidavit on behalf of the plaintiff; and that the above-named defendant is over twenty- one years of age; that the address of the defendant is, 136 SUNNYSIDE DR, CARLISLE PA 17013-9039; that the occupation of the defendant is unknown; and that the defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Sworn to and Subscribed Before me this 2g Day / 006. c Notary Public COMNIONWEALTH OF PENNSYLVANIA NOTARIALSEAL I CHRISTINE M. COL6N, Notary Public I Crty of Phiiatlelpnia. ?hits. County M Commi sign es io><fQ7wr 18 2008 L----'-- FREDERIC I. WE BERG, ESQUIRE PAUL M. SCH ELD, JR. ESQUIRE Attorney for Plaintiff ?GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 91360 PAUL M. SCHOFIELD, JR., ESQUIRE identification No.: 81899 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Cavalry Portfolio Services, LLC as Assignee of Cavalru SPV I, LLC as Assignee of AT&T Wireless/Cingular VS. ROBERT DRABENSTADT TO/PARA 2022793 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-959 CIVIL NOTICE OF INTENTION TO TAKE DEFAULT ROBERT DRABENSTADT 136 SUNNYSIDE DR CARLISLE PA 17013-9039 DATE OF NOTICE/FECHA DEL AVISO: March 19, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 299-3166 GORDON & WEINBERG, P.C. BY: FRE DERIC I. W BER ESQUIRE P10D-2 PAUL M. SCH IELD, R., ESQUIRE ???`??' ? ?' ,?. `? ?. .? ? ? =, ?- ? ? == f: ._ ?.. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 BES a eee Cavalry Portfolio Services, LLC as Assignee of Cavalru SPV I, LLC as Assignee of AT&T Wireless/Cingular 4050 E. Cotton Center Bou Phoenix, AZ 85040 VS. ROBERT DRABENSTADT 136 SUNNYSIDE DR CARLISLE PA 17013-9039 and Members 1st FCU 5000 Louise Drive Mechanicsburg, PA 17055 GAR1dSHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-959 CIVIL PRAECIPL FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in,the above matter, directed to the Sheriff of Cumberland County; (1) against ROBERT DRABENSTADT defendant(s)and (2) against Members lot FCU garnishee(s) (3) AMOUNT DUE $1,091.16 INTEREST from April 11, 2006 $.00 FREDERIC I. WEI ERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff cn -' -- rn- sv 00 ?-,1 X11 8 % = z jam, ? G r ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-959 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAVALRY PORTFOLIO SERVICES, LLC as Assignee of CAVALRU SPV I, LLC as Assignee of AT&T WIRELESS/CINGULAR, Plaintiff (s) From ROBERT DRABENSTADT, 136 Sunnyside Drive, Carlisle, PA 17013-9039 (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 GARNISHEE(S) as follows: MEMBERS 1sT FCU, 5000 Louise Drive, Mechanicsburg, PA 17055 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 $1,091.16 Interest from 4/11/06 Atty's Comm % Atty Paid $124.78 Plaintiff Paid Date: 10/23/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs A.'""-. e a C s R. Long,4q6&onotaf By: Deputy REQUESTING PARTY: Name FREDE'R4C E. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, PC 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-00959 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CAVALRY PORTFOLIO SERVICES LLC VS DRABENSTADT ROBERT And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:35 Hours, on the 30th day of October , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT DRABENSTADT ROBERT hands, possession, or control of the within named Garnishee MF.MRRRS FIRST FCU 1166 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to LOTTIE LOE (HEAD TELLER personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to .00 .00 .00 .00 in the true and made So answe s : R. Thomas Kline Sheriff of Cumberland County 00 ?/rf62/0Y 4- 10/31/2008 before me this day of By A.D I ; GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Cavalry Portfolio Services, LLC as Assignee of Cavalru SPV I, LLC as Assignee of AT&T Wireless/Cingular 4050 E. Cotton Center Bou Phoenix, AZ 85040 VS. ROBERT DRABENSTADT 136 SUNNYSIDE DR CARLISLE PA 17013-9039 and Members 1st FCU 5000 Louise Drive Mechanicsburg, PA 17055 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO 4fista 1!1 -ro - - - INTERROGATORIES IN ATTACHMENT TO: Members 1st FCU - GARNISHEE 06-959 CIVIL You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? n,,, 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint 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. & 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest. /7(1 4. At the time you were served or at any subsequent time I•. I: did you hold as fiduciary any property in which the defendant(s) had an interest?/2c, 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? /10 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to his(her, their) direction or otherwise discharge any claim of the defendant(s) against you? fl o 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. O 8. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? If so, identify each account. 40 9. How much is the value of any property in your 1 possession belonging to the defendant (s) ? 0 Dv 4O AC-C.OC3 4 FREDERIC I. WEINB 6, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff DATED: ??l x?- 2022793 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Cavalry Portfolio Services, LLC as Assignee of Cavalru SPV I, LLC as Assignee of AT&T Wireless/Cingular vs. ROBERT DRABENSTADT and MEMBERS 1ST FCU Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-959 CIVIL PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with MEMBERS 1ST FCU, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE ERG, ESQUIRE JOEL M. FLIN , ESQUIRE Attorney for Plaintiff Poll 06 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, WRIT IS EXPIRED. ,iff s Costs: etin g 18.00 dage W 1.70 Library .50 onotary h 2.00 Mileage 5.00 Surcharge 30.00 Garnishee 9.00 Levy 20.00 Postage .44 TOTAL 86.64 Advance Costs: 150.00 Sheriff's Costs: 86.64 63.36 Refunded to attorney 05-20-09 So Answers; By h fi :E d 8z 130 8001 bd ,kiHnvu (-'; c r : , JJI?3HS 3H -iu 3I -316 Q:Z§ 0 N e? CJ 00 -` A 1.0 OL) _ ,.1 e h e,k- G 0/4 5' F (&„ a eG de WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-959 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAVALRY PORTFOLIO SERVICES, LLC as Assignee of CAVALRU SPV I, LLC as Assignee of AT&T WIRELESS/CINGULAR, Plaintiff (s) From ROBERT DRABENSTADT, 136 Sunnyside Drive, Carlisle, PA 17013-9039 (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 GARNISHEE(S) as follows: MEMBERS 1sT FCU, 5000 Louise Drive, Mechanicsburg, PA 17055 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 $1,091.16 Interest from 4/11/06 Atty's Comm % Atty Paid $124.78 L.L. $.50 Due Prothy $2.00 Other Costs Plaintiff Paid Date: 10/23/08 (Seal) A.- ? - C s R. Lo , ro onot 71 By: Deputy REQUESTING PARTY: Name FREDERIC E. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, PC 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2022793 Cavalry Portfolio Services, LLC as Assignee of Cavalru SPV I, LLC as Assignee of AT&T Wireless/Cingular 4050 E. Cotton Center Bou Phoenix, AZ 85040 VS. ROBERT DRABENSTADT 136 SUNNYSIDE DR CARLISLE PA 17013-9039 and Americhoice FCU 2175 Bumble Bee Hollow Road Mechanicsburg, PA 17055 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-959 CIVIL PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against ROBERT DRABENSTADT de f endant (s) and (2) against Americhoice FCU garnishee(s) (3) AMOUNT DUE $1,091.16 INTEREST from April 11, 2006 $.00 COSTS Prothonotary fee Sheriff fee TOTAL FREDERIC I. EI RG, ESQUIRE JOEL M. FLIN SQUIRE Attorney for Plaintiff It 36 bzc "o . a$ 5 00 a4, 00 „ 6.00 qa ` !?° A f aA.00 J UUa cv a -Dad ice- ?? t9? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-959 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAVALRY PORTFOLIO SERVICES, LLC, as Assignee of CAVALRU SPV I, LLC, as Assignee of AT&T WIRELESS/CINGULAR, Plaintiff (s) From ROBERT DRABENSTADT, 136 Sunnyside Drive, Carlisle, PA 17013-9039 (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 GARNISHEE(S) as follows: AMERICHOICE FCU, 2175 Bumble Bee Hollow Road, Mechanicsburg, PA 17055 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 $1,091.16 Interest from 4/11/06 Atty's Comm % Atty Paid $240.92 Plaintiff Paid Date: 12/14/09 L.L. Due Prothy $2.00 Other Costs (Seal) REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, PC 1001 E HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy ?afOg DEC 22 ?' 2:43 Jody S Smith Civil Process Sergeant o{` ;E `."` =ucp'?? , CLjIV _ Edward L Schorpp _.; 1115 ? 'qi ' Solicitor Calvary Portfolio Services, LLC as assignee of Calvary SPV I, LLC, as Case Number vs. Robert C. Drabenstadt 2006-959 SHERIFF'S RETURN OF SERVICE 12/21/2009 03:31 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2009 at 1531 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Robert C. Drabenstadt, in the hands, possession, or control of the within named garnishee, AmeriChoice Federal Credit Union, 2175 Bumble Bee Hollow road, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Elena Papoutsis, Member Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on December 22, 2009 to Robert Drabenstadt, 136 sunnyside Drive, Carlisle, PA 17013. C HIAEL-BARRICIK, DE TY December 22, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF (C rCtl^ti jJICC x"81"i!T. TE:I,^Q?U`t, It`.?. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FILE 2022793 2010 PEAR - I AN 11: 08 Cum, Nly cavalry Portfolio Services, LLC as Assignee of Cavalru SPV I, LLC as Assignee of AT&T Wireless/Cingular VS. ROBERT DRABENSTADT and Americhoice FCU Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-959 CIVIL PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with Americhoice FCU, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE B , ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff PO11 ?s.oo?? P.Ckf ems- W9sti 1, R -A-a38/6 f .~ ". SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~ati~+~~v at ~,runbrrf~~~ cif F+CE OF 7~•g _~ ~ERIt?F 20'~ .~~~. -b ~ld~ ~~ Calvary Portfolio Services, LLC as assignee of Calvary SPV 1, LLC, as Case Number vs. Robert C. Drabenstadt 2006-959 SHERIFF'S RETURN OF SERVICE 12/21/2009 03:31 PM -Michael 8arrick, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2009 at 1531 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Robert C. Drabenstadt, in the hands, possession, or control of the within named garnishee, AmeriChoice Federal Credit Union, 2175 Bumble Bee Hollow road, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Elena Papoutsis, Member Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on December 22, 2009 to Robert Drabenstadt, 136 sunnyside Drive, Carlisle, PA 17013. 07/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $90.66 July 06, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF B _ haron R. Lan z a.~~~~., 7~~r~7 {cj GountySutie Sheriff. 7eleosoft, hro.