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HomeMy WebLinkAbout06-1140IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: vs. COMPLAINT IN CIVIL ACTION MONTI J DIETTERICK Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA :_5219 (412) 434-7955 FAX: 412-338-7130 04966699 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No MONTI J DIETTERICK Defendant COMPLAINT 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. 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual(s) residing at the address listed below: MONTI J DIETTERICK 525 BARRY CT MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number 4388641774843499 . 4. Defendant made use of said credit card and has a current balance due of $3543.41 , as of February 14, 2006 . 5. Defendant is in default by failing to make mont=hly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 25.900% per annum on the unpaid balance from February 14, 2006 . A copy of Plaintiff's STATEMENT OF ACCO UNT is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , MONTI J DIETTERICK , INDIVIDUALLY , in the amount of $3543.41 with continuing interest thereon at the rate of 25.9000 per annum from February 14, 2006 plus costs. r dt2 24 ERG & REIS CO., L.P.A. enue, Suite 2718 15219 5 r4l2-338-7.130 7.130 P:it WLG This law firm is a debt collector attempting to collect thi s debt for our client and any information obtained will be used for that purpose. ..1 Your account is delinquent. We want to help! ?_ 1 T11"'. y 1 T S --9 To protect your credit with us, you need to make a payment. -? We can help-but only If you call us. When you call, you can make a tree check-by-phone payment. Return your account to good standing. Ws up to you to take the first step. call usl 1-800-479-7231 m..W Caphalone A6an.elSSmVy PwAr. BMance SI,681.66 hymenu, QedB. aead Adju%msu 1.00 .lpM S56Ao Fla. Fipaott L3Wga 813.52 N. B.Nns 51.9). 46 MWmuw Am Do. 31,970.18 P'.'. Car 0. MassIr 03.20W T.4 Crcdb Lm. 31'" To:A Av.i1tl1aCreS1 S.C9 Cradle Lis rw Cash 81,000 AvvlahkCrtdir bar Cash S.N A.yOwlWicn r. .1 Coors- ROlvbuor as rtP'al.bcw W..w 1-800-903-3637 Pv 6s<allz.awM,ervrceaW aettWCUtpa M-r.lolmle: .wv.npiubne.iun 69d PynaNm: serassaaa -sal Am.' Fang. P... Caput. Sanyo CyIW OwB aaa P.O. Ba.U117 P0. Ba.850q Palhmaod VA 21276 gk\maW. VA IJAS-103 Ispostut Accoun.l.E.OWn For .mimin Sparudh. plo5eW (IM 91 9137. Para -J-. E-laJV, 114wrmvgm 800.9294137. r? Ar IF c°/^•°'One* 0000000 0 4388641774843499 03 1974490124001914489 Awra-.aw,ww.wnrwNb+w w-ewAa... New Be SL9AA8 . Mbimum Aoww. Due 51.97116 9.vn rp.a Peymsl Due Deu Marsh 03.20W _ Dry w TOW enclwW S qnm pyw A6.wPew AewrlNashu'. 13163117-11H-N99 ii M9 3 54 94 86 3 34 7 4$1 MIL ID WMER 00 " Captel One Bena 9 hI 1 11 1R 11 ' W1 S DILM GRIM 525 BARRY CT P.O. Boy 5147 Rlch®ntl, VA 23216 u1 1u .na 1 m 69'.CHAgC500RG PA 17050<602 Illlrl,III,?11?11?111,IIIr1111r1ir-11111r111.d1-.111.-.11a„I ? 11111111r11115r1drItll-.--11-IIIIIrll11,11{11,r111?111?11a1r1 Plpq wrier nv-awnlnws0- symv Y-Mmsgord.r?stlvpMlo m cyal Ono 8-N .d nuH : me aewaaaaad.,u VISA GOLD ACCOUNT JAN N - Fge 03, 2003 1358-6117-74843499 Pap l a l P,sa sts,Cssfia.ad Ad1u.tsa.LL Trulacli.u I 04JAN OV Vdrr FEE ¢9D0 3 WPM PAST DUE FEE 2:M FS.rssca, ahr6ea Passea-n sass(urasawsa.r laAr.uWn aasas,_ PMANARO2 araxrw ua C PURCJ5ASE9 I1y3197 Ow" 2065% JIJ.II fW GSH ]M 0561I%P 20M% ANNUM, PERCENTAGE R.An VpliWWis pshB 20.65% 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 cc hfn?'t (? ^ ^ (NAME) PKV- Y 1, of Cz.Oi-?"` ©nQ DopN plaintiff herein, that (TITLE) ^ I (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the fo' going Complaint are true and correct to the best of his/her knowledge, informatioA and belief. (SIGNA WWR# Cq g4166?Ty ??j} ? ?- ?? ? ? .? ?? ? ,- , ,- , SHERIFF'S RETURN - REGULAR CASE NO: 2006-01140 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS DIETTERICK MONTI J ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DIETTERICK MONTI J the DEFENDANT , at 1815:00 HOURS, on the 1st day of March , 2006 at 525 BARRY COURT MECHANICSBURG, PA 17055 by handing to MONTI DIETTERICK a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 So Answers: Service 9.68 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.68 03/02/2006 WELTMAN WEINBERG REIS Sworn and Subscribed to before By A me this ?2 I.-A day of u eputy Sheriff -YAA-L,*- IU0 A.D. Pry tart' CAPITOL ONE BANK, Plaintiff MONTI J. DIETTERICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 06 - 1140 CIVIL ACTION -LAW DEFENDNAT'S ANSWER TO PLAINTIFF'S CIVIL COMPLAINT The Defendant, Monti J. Dietterick, through her attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC makes the following Answer to the Plaintiff's Civil Complaint: Denied. Defendant did not make use of the credit card referenced in Paragraph 3 of the Complaint. Said charges were made by a third party, not made a parry to this action. Defendant, therefore, does not have sufficient knowledge of the current balance. 5. Admitted in part, denied in part. Defendant acknowledges that timely payments tc the Plaintiff were not made. Denied. Defendant does not have sufficient knowledge of the currer. Denied. An award in Plaintiffs favor would entitle Plaintiff only to the Annual Percentage Rate listed on Plaintiff's Exhibit 1. Denied. Defendant did not willfully fail or refuse to pay Plaintiff. r WHEREFORE, the Defendant respectfully requests your Honorable Court deny Plaintiff's claim. Respectfully submitted, 9? 6a? id'JI "k Shana M. Pugh, EVck a Law Offices of Pa F. Lauer, Jr., LLC 2108 Market Street Camp Hill, PA 17011 ID # 200952 (717) 763-1800 Date:(Xo CAPITOL ONE BANK, Plaintiff V. MONTI J. DIETTERICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 06 - 1140 CIVIL ACTION -LAW VERIFICATION I, Monti J. Dietterick, state that I am the Defendant in the above-captioned case and that thf facts set forth in the above Answer are true and correct to the best of my knowledge, information I realize that false statements herein are subject to the penalties for unworn falsification tc authorities under 18 Pa. C.S. § 4940. Date: _?q Monti J. Die rick jP A- CAPITOL ONE BANK, Plaintiff V. MONTI J. DIETTERICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 06 - 1140 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer upon the person, and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid and addressed as follows: James C. Warmbrodt, Esquire Weltman, Weinberg, & Reis Co., L.P.A. 2718 Koppers Bldg, 436 7t' Ave. Pittsburgh, PA 15219 Respectfully submitted, Date: -/9"G? Shana M. Pugh, Esq ' e Law Offices of Patri F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 200952 Tel. (717) 763-1800 a- CAPITOL ONE BANK, Plaintiff V. MONTI J. DIETTERICK, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 06 - 1140 : CIVIL ACTION -LAW Please withdraw the appearance of Shana M. Pugh, Esquire, in the above-captioned action as the defendant, Monti J. Dietterick is entering her appearance pro se. Respectfully submitted, ? davk'?."l Shana M. Pugh, Esquir Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: ID# 200952 Tel. (717) 763-1800 TO THE PROTHONOTARY: Please enter the appearance of Monti Dietterick, Pro se, in the above-captioned action. Respectfully submitted, Monti Dietterick, Pro se 525 Barry Court Date: 16 `" 12' ?° Mechanicsburg, PA 17050 r f l t f g ? La J _ILI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff, VS. MONTI J. DIETTERICK, Defendant. Case No.: 06-1140 Civil MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire Pa. I.D. No. 42524 Weltman, Weinberg & Reis, Co, LLC 2718 Koppers Building 436 7`h Avenue Pittsburgh, PA 15219 W WR No. 04966699 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff, Case No.: 06-1140 Civil VS. MOTION FOR SUMMARY JUDGMENT MONTI J. DIETTERICK, Defendant. MOTION FOR SUMMARY JUDGMENT AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Motion for Summary Judgment against the Defendant. In support thereof, Plaintiff avers as follows: 1. Plaintiff filed a Complaint against Defendant seeking judgment in the amount of $3,543.41 with interest at the interest rate of 25.90% per annum from February 14, 2006, and costs. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. Attached to the Complaint was Verification from an authorized representative of Plaintiff verifying the accuracy of the amount sought. See Exhibit "A". 3. Defendant filed an Answer to Plaintiff's Complaint admitting that he applied for and received the credit card. A true and correct copy of the Answer is attached hereto as Exhibit "B" and made apart hereof. 4. Defendant's Answer contained no New Matter. 5. Under Pennsylvania Rule of Civil Procedure 1032(a), "a party waives all defenses and objections which are not presented either by preliminary objection, answer or reply..." 6. On or July 17, 2006, Plaintiff served upon Defendant a set of requests for admissions and requests for production of documents. A true and correct copy of same is attached hereto as Exhibit "C" and made a part hereof. W WR No. 04966699 7. No response to the discovery demands has been received from the Defendant. 8. The requests for admissions are now deemed admitted under Pennsylvania Rule of Civil Procedure 4014(b). Thus Defendant has admitted the monthly statements attached to Plaintiff's First Request for Admissions accurately reflect the account charges and balance due; that no payments on the credit card have been made since June 13, 2003; the Defendant has never disputed any of the charges on the monthly statements; and the current balance due and owing to Plaintiff by Defendant is $3,543.41. 9. The Defendant has therefore admitted the material facts in the Complaint and the requests for admissions, deemed admitted under Pa.R.C.P. 4014(b), verify the amount of debt owed. There are no meritorious defenses against this action and Plaintiff is entitled to summary judgment as a matter of Law against defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant summary judgment in favor of Plaintiff and against Defendant for $3,543.41 with interest at the legal interest rate of 25.90% per annum from February 14, 2006, and costs. Respectfully Submitted: By: Y' James C. V mbrodt, Esquire Pa. I.D. No. 524 Weltman, W ' nberg & Reis, Co, LLC 2718 Kopper Building 436 7th Ave ue 'ittsburgh,'RA 15219 r, WWR No. 04966699 EXHIBIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA H?r CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: o(- CI Q C?v VS. COMPLAINT IN CIVIL ACTION MONTI J DIETTERICK Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.R. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 04966699 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. MONTI J DIETTERICK Defendant No: COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 04966699 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No MONTI J DIETTERICK Defendant COMPLAINT 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. 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual(s) residing at the address listed below: MONTI J DIETTERICK 525 BARRY CT MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number 4388641774843499 . 4. Defendant made use of said credit card and has a current balance due of $3543.41 , as of February 14, 2006 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 25.900% per annum on the unpaid balance from February 14, 2006 . A copy of Plaintiff's STATEMENT OF ACCO UNT is attached hereto, marked as Exhibit 111" and made a part hereof. e 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , MONTI J DIETTERICK , INDIVIDUALLY , in the amount of $3543.41 with continuing interest thereon at the rate of 25.900% per annum from February 14, 2006 plus costs. Jame dt,42 24 WELT WEINBERG & REIS CO., L.P.A. 436 S venth Avenue, Suite 2718 Pi is urgh, PA 15219 (4 2) 434-7955 F 412-338-7130 0 9 6699 C A Pit WLG This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. 04 Your account is delinquent. We want to help! ? 00 --3 To protect your credit with us, you need to make a payment --? We can help-but only If you call us. --? When you call, you can make a tree check-by-phone payment Return your accowt to good standing: It's up to you to take the first step. CAW 1-800-479-7231 C Cw VISA GOLD ACCOUNT 4333.6417-7434-3499 Aommos Bmalma/y Previous Balance $1312.66 Payments, Craft and Adjmhoanp 5.00 Transactions $XOD Finance C1m11a $33.32 New Balsam $1,974.43 Mldmma Amount Due S1,974.42 Paymem Dae Due Maleh 03,2m Total Credit Line 51,000 TOW AoldlaNeCladil LOO Ciadll LGx rar Cash SI,000 ArailahleCradk ror Cuh S.00 At yoaraavWe T. =it Ca,mmer Re1011a. to reps • ben a laokaeard: 1-800-903-3637 For 6-rli--awm, -.W apsilownamroft%Llot a W. wwn.egke6wcava Seale payment r; 1;la4 hwOrimlr. Alm: Rwima- neaa;y Cykr 0. /.Lent/ Cww 0a1 S- fina PA B-15147 P.O. Baeaole Rickmaa4 VA U276 Rle6-.* VA 3320-w13 I-Portamt Awamath lkamoat:oa For se 1-10 SPanisk Pku -(1" 929.9137. Pan ea W-al EwwK wan rarormalque 100.919-1131. IAN 04. FES 03,1003 Pais 1 or 1 taPswts,lxedits"A A4jy$tanlmb Tranwet6n 1 04 JAN OVERLGRT FEE tt9no0 2 03 FEB PAST DUB FEB 29DO Fbaaaa Ciarsea !Ms lw/e/msrail4Arbapam- !a/6ralartw nne4ew.p hoonto caawft 4"". Ob Aft PU1L7tAS03 51,921.97 BMW 20.43% 533.33 CASH f.00 AI613RP 20.63% SAO e ANNUAL PERCENTAGE RATE appiiedtbispnrio6 20.63% PLEASERETURNPORTIONBELO WWrn(PAYMENT. V71are 0000000 0 4388641174843499 03 1974480124001974489 Ne- Balance $1.974.40 Minimma Amount Due SI.974.48 Payment Out Due Much 03, 2003 Total ancbud S AaoaaatNuftam. 4300-1417-7414-3499 Cap.tel' One Bank P. 0. Box 05147 IIIu1(Innlllnrllll Richmond, VA 23276 IIIIIIIIIIIIIIIII111IIIIUIItIIIIIN11111I1111I111II1/1111111 aer APL/ ON Snr ZIP Ra- Plans Aa,1- M. - Fa111Ae8m 490035494063347451 NAIL ID IUNBER NDWI J DIETTERlcl( 525 BARRY Cr rl ad bECRAnCSSURG PA 17050-4602 -o aalaaa. ? ? IIIIIIIIIIIIIIll/l1IlII/IIIlIi11II11(I11/111111/11IIIIIIII111I Now wrN, yaw =COW ananbor myarrAwe{Hannw.sy-dlraasbpya63r bC4vW Oas Bunk a,d ml0ua3s e.J da akpa VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unworn falsifications to authorities, that he/she is i 1 (NAME) ?of Ct l-f \ ©Vl e- Log plaintiff herein, that (TITLE) I (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the fo going Complaint are true and correct to the best of his/her knowledge, informa>kand belief. (SIGNA WWR# 6) yi?jb4kVJ EXHIBIT CAPITOL ONE BANK, : IN THE COURT OF COMMON PLEAS ( t Plaintiff : CUMBERLAND COUNTY, PENNS LV ", 14 V. NO.: 06 - 1140 MONTI J. DIETTERICK, -= Defendant : CIVIL ACTION LAW t771 C- , DEFENDNAT'S ANSWER TO PLAINTIFF'S CIVIL COMPLAINT The Defendant, Monti J. Dietterick, through her attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC makes the following Answer to the Plaintiff's Civil Complaint: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Defendant did not make use of the credit card referenced in Paragraph 3 of the Complaint. Said charges were made by a third parry, not made a parry to this action. Defendant, therefore, does not have sufficient knowledge of the current balance. 5. Admitted in part, denied in part. Defendant acknowledges that timely payments to the Plaintiff were not made. Denied. Defendant does not have sufficient knowledge of the current balance. 6. Denied. An award in Plaintiff s favor would entitle Plaintiff only to the Annual Percentage Rate listed on Plaintiff's Exhibit 1. 7. Denied. Defendant did not willfully fail or refuse to pay Plaintiff. WHEREFORE, the Defendant respectfully requests your Honorable Court deny Plaintiff's claim. Respectfully submitted, e Shana M. Pugh, EVck Law Offices of Pa F . Lauer, Jr., LLC 2108 Market Street Camp Hill, PA 17011 ID # 200952 (717) 763-1800 Date:Cxo -/ q CAPITOL ONE BANK, Plaintiff V. MONTI J. DIETTERICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 06 - 1140 CIVIL ACTION -LAW VERIFICATION I, Monti J. Dietterick, state that I am the Defendant in the above-captioned case and that the facts set forth in the above Answer are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unworn falsification to authorities under 18 Pa. C.S. § 4940. Date: 6` l T-66 Monti J. Die rick f CAPITOL ONE BANK, Plaintiff V. MONTI J. DIETTERICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 06 - 1140 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer upon the person, and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid and addressed as follows: James C. Warmbrodt, Esquire Weltman, Weinberg, & Reis Co., L.P.A. 2718 Koppers Bldg, 436 7t' Ave. Pittsburgh, PA 15219 Respectfully submitted, Date: -1 q -'9 Shana M. Pugh, Esq ' e' Law Offices of Patri F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 200952 Tel. (717) 763-1800 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CAPITAL ONE BANK, Plaintiff, V. NO.: 06-1140 EXHI? MONTI J. DIETTERICK, Defendant. PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff demands that the defendants answer and respond to the following Request for Production of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedure within 30 days from the date of service hereof. Plaintiff also demands that defendants answer and respond to the following Request for Admissions pursuant to Pa. Rules of Civil Procedure 4014. You are requested to admit the truth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. 7. In these Requests for Admissions: A. The word "Person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "document(s)" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity", "identify", "identification", when used with respect to a 12erson(s) means to state the full name and present or last known address and business address of such erson s and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity". "identify" "identification", when used with respect to a date, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each person who have possession, custody, and control of said document(s). If any such document was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify", when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identify each and every person(s) participating in such an act; (3) identify all other erson s (if any) present when such act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identify the person(s) presently having possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 9. These requests are of a continuous nature. These Requests for Production of Documents shall be deemed continuing so as to require supplemental answers and documents if any information of documents are acquired subsequent to the filing of responses hereto, which information or documents would have been included in the answers and documents produced had it been known or available at the time the answers and the documents provided pursuant hereto were produced. Defendants shall supply such information and documents by supplemental answers and production of documents as soon as such information becomes known or available and in all events, prior to trial of this action. If objection is made to any requests for production of documents, it is demanded that the requests for which there is no objection be answered and furnished within the aforesaid period. All documents identified in response hereto shall be organized and labeled to correspond with the request to which it pertains. For all documents produced, list the individual and his or her job title and department from whose files it was produced and the current custodian of said document. If a document called for is believed to exist or is known to exist, but is in the possession, custody or control of another person or party, the existence of the document, the identity of the possessor, custodian and one in control of such documents shall be provided along with any applicable common description or citation utilized by the publisher, possessor, custodian or disseminator of such document. If any document called for by this request is withheld on the basis of any claim of privilege or any similar claim, identify that document as follows: author; addressee; indicated or blind copies, date, subject matter; number of pages; attachments or appendices; all persons to whom distributed, shown or explained; present custodian; and nature of the privilege or similar claim asserted. REQUEST FOR PRODUCTION OF DOCUMENTS l: Produce any and all documents evidencing proof of all payments on the subject credit card referenced in the Complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records, data compilations etc. REQUEST FOR PRODUCTION OF DOCUMENTS 2• Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial. REQUEST FOR ADMISSION NO. 1: Defendant has made no payment on the credit card since June 13, 2003. Admitted Denied If the answer to Request for Admissions No. 1 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 2: Defendant signed the attached credit card application. Admitted Denied If the answer to Request for Admissions No. 2 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 3: The attached monthly statements, from December 4, 2002 through February 3, 2003, correctly identify the payments, charges, and balances on the account. Admitted Denied If the answer to Request for Admissions No. 3 is "denied", then supply copies of canceled checks, both front and back, and/or if not available, specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 4: Defendant has not submitted any written dispute as to billing inaccuracy concerning the credit card in question. Admitted Denied If the answer to the Request for Admissions No. 4 is "denied", then supply copies of specific written disputes as to any billing inaccuracies. REQUEST FOR ADMISSION NO. 5: As of February 14, 2006, $3,543.41 is a correct and accurate current balance of the credit card account in question. Admitted Denied If the answer to Request for Admissions No. 5 is "denied", then supply specific written documentation supporting the denial. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Jame . Warmbrodt, Esquire Pa. J/D.lNo. 42524 W tm n, Weinberg & Reis, Co, LLC oppers Building Avenue gh, PA 15219 gWR:04966699 as Your account is delinquent. We want to help! goo --a To protect your credit with us, you need to make a payment. We can help-but only if you call us. When you call, you can make a free check-by-phone payment. Return your account to good standing. Itas up to you to take the first step. Call usl 1-800-479-7231 C jO $Ga VISA GOLD ACCOUNT 43S$4417-7494-3499 Accented Sawmasary Previous Balance $1,792.41 PsymenM, C4edita and Adiustamxa $.00 Trraaaiona $59.00 Finance Chrsca $3212 New Balance SI,SBL66 Minimum Amount Due $322.66 Paymrd Due Due FArury 03, 2003 Total Credit Line $1.000 Total AvailableCrodil S.00 evedit Lim for Cub S1,000 AvrilalakCredit for Caah $AO At yovserviee To r1lCamrar FA%t nr r a report s Irlr atska card: 1-800-903-3637 Par It. aalk. aooasaaoniaeud a3aeiYeararmof6a?tq oa »: . o"Ita aaatae $aad payrrar »: Sand iagaidr»: Arl: Re M%- Promlio9 Capital Or Swim C.Fwel 0- Swim P.O. 8..85147 P.O. eaa 85015 Rir -oi VA 23276 It"n and, VA 23293.5015 IseporWl Aceoratiaferratlea For samloclu Spanish, plaueall (900) 9299137. Pan srrvieioen Espanol, per favor marque 500.929-5137. DEC 04, 2W2 • JAN 03, 2003 Palau Paymerr,L7edits sad Adjugrgta TYMMM%tins 1 04 DEC OVERLJIvDT FEE MA 2 03 JAN PAST DUE PER 29A0 Pis an"COrses Man, nftvw mAW. ArlrWMW ii61r1000 Baiaw amr Aadrlla ikrwrroadiY FD9ANCB 4r/rasa can APR 4x$.19013 PURCHASES $1.136.93 OS6I9W 204389 97239 CASH tim A56R%P 20.69% 5.00 ANNUAL PBRCIEWAUB RATE gPll"SkUPSIriud 20.6596 PLEASERETIJRNPORTiownELOwwrrHPAVMENT. V ow 0000000 0 4388641774843499 03 1882660124000882667 Prwwr ,..xd .ad?.aak o..a a+e,a.+aa.arles Uauwlartrdc New Balance SIAM" Minimun Amount Dm 3282.66 Saw Ap.a payraent Due Doe February 03, 2003 city 9r, z. Taal olcbsed S Nape Pb- AMarPaeas ? AccomatNarher; 438"17-7494-34" IS CA Foal One Bank P. O. Box 85147 IIIn111rrrnIL111J1 Richmond, VA 23276 11111111111111111111111111111r{IIIlllllllllnlll11111r111a111 090004494963347419 MKIL ID IOMER ROM J DIEWERICR m 525 BARRY Cr lECHA NCSBURO PA 17 050-4 6 02 ? IIr111Lt11111HdILiI1,11LIhILmiLIHILLd11111LIH111 P1orr wrlr yowamouet naa6r wyour ldlrJar awaey wdrnradr payab3e»CyAa! O:r Bart and caul! in do medoadsrakpa r U l? UAW7'r O 2002 Capital One Services, Inc Capital One is a federally registered service mark. 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RM Apdy/ Te,' N M o .Wb.d O„ r .-pelt Mrs e1rN re1dM N M b.lrre , w Yr ddy .M d ..M )IM e d.rA Yw .onwK MdYbnlp, Par OCWM w al M d..6 wA Yau pl7 ea aewib rya ow . inM,dMq: MwoNU w N adl d.0. area dr, r ww.a/ Yaoom. O".0%.= ewpaadwi. Ai.drred tlYIO w.nrd: O1Ie11i ll P ..P.nl TMn, " V p r M sty bra. IN NM Y .e p., .ro w pM Ar (w, oMMdl r.. nLmNe drrli Lra CpAM ar OILGLYNr MUM AnpoAnNNotice.Your payment will be credited to your account as of ft date we receive it, provided you send the bottom portion of this statement and your check in the endowed remitlalee envelope, and your payment Is received in our prDastinp Carew by 3 P.m. Paymema addressed to our lfwgkn or George processing t»mw must be received on a business day by 390 p.m ET. Paymerds addressed to our % whkpton processing cenbr must be received on s buskw" day by 3:00 p.m. PT. Please as0w at lewt flue (5) business days for Postal delivery. Payment received by us at any other location or in another form may not be credited the wme day we restive them. Our busk" days are Monday through Saturday, excluding holidays. Please, do not use steples, paper clips, ale, when proporbrp Your payment N 04 Your account is delinquent. We want to help! -? To protect your credit with us, you need to make a payment -3 we can help-but only If you call us. -3 When you call, you can make a flee check-by-phone payment Retum your account to food standinfe ICs up to you to take the first step. Call uw 1-800-479-7231 CAPIWVI 6Go VISA OOLD ACCOUNT 43296417-74W3499 Assont Smmm M Prev{as BaMoa SI,i8Z.66 Pay,sents, Credits Kid Adjusupew SAO Timmactimu MOD Finmra Chsriet 533.82 New Bakeve $1,974.48 Minims Amoum Due $1,974.48 Payload: Dw Debt Mama 03. 2003 Totel Credit Lim 81,000 Tma1 Avan.bleCred'n f.00 Credit Lim for Cab $1,000 AvailaMeCredir for Cue 5.00 At yoaraervies To Wl Owoo- Rdnbm«o repta by«molea cst 1-800-903-3637 Per beeenlb. eaa-e r- i-w "imeameaenoif-a. In a 0: www.cpkawe.ma Seed yaysems N: Send b"bite Am: It odwee Ploce" C ww 0. 5-tas CepiW One Salim P.O. Bsa25147 P.O. B-M15 Rk4sasa4 VA U276 Riele eed, VA 2320-5015 Import.st Ae4;omstlsf ustiom For aervimis Spaoidt pk wall (200) 9294137. Pan a«vioioex Eapa#o1, Per Isv«rewtin B00.9294137. JAN 04 - FEB 03, 2003 Pala I of I hymests,credltams6Adjaxwe mta Tnsaseri411111 1 04 JAN OVERLDAIr FEE S29AD 2 03 FED PAST DUE FEE 29.00 Fimmase Clowles Place renmvrw Mai6r4myorrenr 60M d. fiche-- P"Mi. W,enpsd6r FINAMCH 411"r e* APR CHAR6H PURCHASES 51,037.97 .07030%P 20.65% 533.93 CASH f.00 0MMw 20.65% 5.00 - ANNUAL PERCENTAGE HATE applie6thisperiod 26.65% • PLEASERETURNPORTIONBELDWWITHPAYMENT. • C--N GW 0000000 0 4388641774843499 03 1974400124001974489 New Bala- $1.974.49 MisLnum Antoant Duo SI.971.4t Psyw.m Due Moe Mach 03,2203 -! Tots! enelowd S 1 AeoowaNubar. 4396-6417-74H-3499 Ca Fite1 One Bank P. 0. Box 85147 IIIIIIIIIIIIII1i/11111 Richtmrxl, M 23276 L,I,LdLuIJLnIdLdLnILnILnILuILIdIo/1Lnl nr.,rAr .-alr2 aa6saYAr eenril a6.s-we.en? erar6rar9. Scar Apr.0 CW am 73P Rase Mae AMnYFlem m 11"Amtee 9®? #90035494863347456 H\IL ID weHER Ho OTI J DILMERICK 525 BARRY CT rq ?en MECHAKCSBURG PA 17050-4602 ° (u.III,,,III„utrl,ItonlOl,{l"lln,,,{,t"al"l"{,l,Inlal Plrs rna yoo.ramaar arenet en yoae6siaaraowgaral-aide pya6le b ('epk/ Gas Beat and waif fa Ns sadeendMrelcpa .. ..s s? 67 10 r? IPA o .6 N Q O 04 dQ ?• r?1 su/+ ?' o a ps N N Op O 4 W ? B? P lit V ~' C ? Y 0 t ? A ]?] M `l r CERTIFICATE OF SERVICE A true and correct copy of Plaintiff's First Request for Production of Documents and Request for Admissions has been served by U.S. Mail, on the A= Aay of Wl , 2006, upon the following: Shana M. Pugh, Esquire Law Offices Of Patrick F. Lauer, Jr. Llc 2108 Market Street, Aztec Building Camp Hill, Pa 17011 4. CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff's Motion for Summary Judgment has been served by U.S. Mail, Postage Pre-Paid, on B}'day of CM ?2006 upon the following: Monti J Dietterick 525 Barry Ct Mechanicsburg,Pa 17050 By: Warmbrodt, Esquire o.42524 Weinberg & Reis, Co, LLC uppers Building Avenue jzh, PA 15219 WWR No. 04966699 L VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for filing of this Motion, and that the facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief. W WR No. 04966699 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff, Case No.: 06-1140 Civil VS. MONTI J. DIETTERICK, Defendant. ORDER OF COURT AND NOW, to-wit, this day of , 2006, upon Plaintiffs Motion for Summary Judgment, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said Motion is GRANTED and Judgment is entered in favor of Plaintiff for $3,543.41 with interest at the rate of 25.90% per annum from February 14, 2006, plus costs. BY THE COURT J. W WR No. 04966699 n `=''> ? • ? ---? (4" ?--- ?- --y e'° ?Z i _ ,,,r1 ; .? } - _ .. {_,.? r._? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) car I .- a 0Ae- B&Ak ( Plaintiff ) MV/111 V5. J 'Die I ?er,,Je- (Defendant) No. civil 1 r U 2 00 (, 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): 2. Identify counsel who will argue case : (a) for plaintiff : n? („N.14 Address: "ri.e }^ ^R. 0 36 7th Avenue g K. 9Jle, Efj - (412) Pittsburgh, 3-7955 1521 (b) for defendant: 1vj ont; D; f- 4e,r1'?.? Aadiiigs - : Sz ?-- B?? y cr. ? lner-4a11r-s bw l) P4 170s"0 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: 2V 2007 _ • _ Atto ,?e,•r u R. 8,11e,- ? N Q C? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff, VS. MONTI J. DIETTERICK, Defendant. Case No.: 06-1140 Civil ORDER OF COURT AND NOW, to-wit, this 2 ?day of d 140q, upon plaintiffs Motion for Summary Judgment, IT IS HEREBY ORDERED, ADJUDGED A DECREED that said Motion is GRANTED and Judgment is entered in favor of Plaintiff for $3,543.41 with interest at the rate of 25.90% per annum from February 14, 2006, plus costs. WWR No. 04966699 ?E ?r F I % .Z ald 11Z film, [GOZ r 1 11 "1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. MONTI J. DIETTERICK Defendant. Case No.: 06-1140 CIVIL TYPE OF PLEADING PRAECIPE FOR JUDGMENT PER ORDER OF COURT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Patrick Thomas Woodman, Esquire PA I.D.#34507 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 04966699 $4,484.66 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case No.: 06-1140 CIVIL VS. MONTI J. DIETTERICK Defendant. PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Pursuant to Pa.R.C.P. 237, I certify that a copy of this Praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. In light of the Court Order granting Summary Judgment in favor of Plaintiff on January 24, 2007, kindly enter Judgment against the Defendant, MONTI J. DIETTERICK, in the amount of $4,484.66 computed as follows: Amount Awarded per Order: $3,543.41 V Interest from February 14, 2006 to February 24, 2006 at the legal rate of 25.90% per annum: $941.25 TOTAL: $4,484.66 Attached is a copy of the Court Order in favor of Plaintiff for Judgment. WELTMAN, WEINBERG & REIS, CO., L.P.A. By: coo Patrick Thomas Woodman, Esquire PA I.D.#34507 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Plaintiff's address is: c/o Weltman, Weinberg & Reis, Co., L.P.A., 2718 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 And Defendant's address is: 525 BARRY CT., MECHANICSBURG,PA 17050. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff, VS. MONTI J. DIETTERICK, Defendant. Case No.: 06-1140 Civil ORDER OF COURT AND NOW, to-wit, this `fday of ?tw 001, upon Plaintiff's Motion for Summary Judgment, IT IS HEREBY ORDERED, ADJUDGED A DECREED that said Motion is GRANTED and Judgment is entered in favor of Plaintiff for $3,543.41 with interest at the rate of 25.90% per annum from February 14, 2006, plus costs. 1-HUE COPY r" R(,)m HkWhir M Tim where `" ? ?dre u?q 9d W1WA 11 rnd lae?01 Of pir 3 r at C8tIi1N. jag no -1 WWR No. 04966699 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A. By: J 41'ie (L Ao"4 WOO9M#. - Patrick Thomas Woodman, Esquire PA I.D.#34507 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04966699 a --J l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. MONTI J. DIETTERICK Defendant. Case No.: 06-1140 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendants ( ) Garnishee You are hereby notified t t the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $4,484.66, plus interest at 25.90% per annum, 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 (xx) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award ( ) By Consent MONTI J DIETTERICK 525 BARRY CT MECHANICSBURG,PA 17050 THIS IS AN ATTEMPT TO COLLECT A DEBT USED FOR THAT PURPOSE. Prothonotary By: PRO HONO) AND ANY I NF BTAINED SHALL BE Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ???wt+v bf 4+r?r?bcrt??A any, , ?, OFFiCE,;-F THE SHERIFF r !rT??RY THE 2009 SEA' 25 ro"'i 40"' 2' 1 y un? Edward L Schorpp Solicitor Capital One Bank vs. Monti J Dietterick Case Number 2006-1140 SHERIFF'S RETURN OF SERVICE 09123/2009 10:16 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 23, 2009 at 1016 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Monti J. Dietterick, in the hands, possession, or control of the within named garnishee, Commerce Bank, 4860 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Mary Anne Boyer, Manager 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 09-24-09 to Monti J. Dietterick at 525 Barry Court, Mechanicsburg, PA 17050. So Answers, ,,. R. Thomas Kline, Sheriff By ? .I- Deputy Sheriff s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. MONTI J DIETTERICK Defendant COMMERCE BANK, Garnishee, No. 06-1140 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. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04966699 I 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-1140 MONTI J DIETTERICK Defendant COMMERCE BANK, Garnishee TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against MONTI J DIETTERICK, Defendant,-S-16 B4rry C'ovrt, MECh PA (`1050 3. against COMM RCE BANK, Garnishee 48(00 lisle Pike. Meek PA 17050 4. Judgment Amount $ 3543.41 Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): $ 910.33 $ 4453.74 WELTMAN, WEINBERG & REIS CO., L.P.A By: W? ( William T. Molczan, Esquir,? PA I.D. #47437 ii'' WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04966699 0 OF THE 2ug SEP 18 P1 81 FL $&qq. sa Po ATW 3? . (08 C,BF 55.50 q-00 a.5o $1,19.18 - Pb ATtY #S.oo QMACc • 5o LL cet 4&5y4(o5 2.30 985 merit aP ev, 4"wj WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1140 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From MONTI J. DIETTERICK, 525 Barry Court, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: COMMERCE BANK, 4860 Carlisle Pike, Mechancisburg, PA 17050 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 $3,543.41 L.L. $.50 Interest -- $910.33 Atty's Comm % Due Prothy $2.00 Atty Paid $129.18 Other Costs Plaintiff Paid Date: 9/18/09 C is R. Long, Pr t (Seal) By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 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 CAPITAL ONE BANK Plaintiff vs. MONTI J DIETTERICK Defendant and COMMERCE BANK Garnishee No. 06-1140 fiol wS - fU INTERROGATORIES IN ATTACHMENT COMMERCE BANK FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04966699 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. MONTI J DIETTERICK Defendant and COMMERCE BANK Garnishee Civil Action No.: 06-1140 TO: COMMERCE BANK Suggested Reference No.: XXX-XX-7207 4860 Carlisle Pike Mechanicsburg, PA 17050 RE: MONTI J DIETTERICK 525 BARRY COURT MECHANICSBURG,P A 17050 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 I . 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? Defendant has account 536304991 held indivdually with a balance of -$9.36. Account had direct deposit (payroll). Defendant did not receive $300 exemption. 1 a. If the answer to Interrogatory I 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. See answer to question 1 2. 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. See answer to question 1 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 part by the defendant or in which defendant held or claimed any interest? See answer to question 1 4. 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 5. 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 thereof9 no 6. At any time after you were served did you pay, transfer, or deliver any money or property tot the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? no 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. See answer to question 1 8. 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 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. See answer to question 1 WELTMAN, WEINBERG & REIS CO., L.P.A. By: ?? r William T. Molczan, Esq e PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04966699 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 Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. FLED-CRCE OF THE PRaT"OTARY 2009 OCT - i PM 12: 59 fi E dNSYLVANiA WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C. Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File #04966699 Attorney for Plaintiff(s) CAPITAL ONE BANK vs. MONTI J DIETTERICK and COMMERCE BANK Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 06-1140 CIVIL PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s), COMMERCE BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to and subscribed Before me the -4.? lay. eN'3'v PUB 2009 am C. Warmbrodt, Esquire J Atto n v for Plaintiff COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wayne A. Jones, Notary Public City of Pittsburgh, Allegheny County My Cornnsission Expires June 29, 2010 r0ern +or. Pennsopinia Association of Notaries OF THE PROTHONOTARY 2009OCT 26 FM 2: 25 PYEN NSYU/ri,<<kA e?- ?T? a3a5'4a, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?? !lr T1 ,t_ ?' Jody S Smith 110 Chief Deputy Edward L Schorpp Solicitor Capital One Bank (USA) Case Number vs. 2006-1140 Monti J Dietterick SHERIFF'S RETURN OF SERVICE 09/23/2009 10:16 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 23, 2009 at 1016 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Monti J. Dietterick, in the hands, possession, or control of the within named garnishee, Commerce Bank, 4860 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Mary Anne Boyer, Manager 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 09-24-09 to Monti J. Dietterick at 525 Barry Court, Mechanicsburg, PA 17050. 03/30/2010 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: $91.17 SO ANSWERS, March 30, 2010 RON R ANDERSON, SHERIFF B on R. LaAtz , 5-6 Z f'2. P4 X39 S3 !c; Goun yjuite shentf. Telecsott Ire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1140 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From MONTI J. DIETTERICK, 525 Barry Court, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: COMMERCE BANK, 4860 Carlisle Pike, Mechanccsburg, PA 17050 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 $3,543.41 L.L. $.50 Interest -- $910.33 Atty's Comm % Due Prothy $2.00 Atty Paid $129.18 Other Costs Plaintiff Paid Date: 9/18/09 Cu s R. Long, Prot o (Seal) By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437