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HomeMy WebLinkAbout06-1329 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff vs. BOBBI LIGHTNER Defendant No: (X_ 1.3a? 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 04471308 C E Pit VOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff VS. Civil Action No BOBBI LIGHTNER 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, CACV OF COLORADO is a corporation with offices at 370 17TH ST.,SUITE 5000 DENVER , CO 80202 . 2. Defendant is adult individual(s) residing at the address listed below: BOBBI LIGHTNER 113 TOWER CIR CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 5499440912996704 4. Defendant made use of said credit card and has a current balance due of $4024.17 , as of January 27, 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 6.00000 per annum on the unpaid balance from January 27, 2006 . A copy of Plaintiff's STATMENT OF ACCOU NT 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 , BOBBI LIGHTNER , INDIVIDUALLY , in the amount of $4024.17 with continuing interest thereon at the rate of 6.000% per annum from January 27, 2006 plus costs. Jam s C. Warmbrodt,42524 WE M , WEINBERG & REIS CO., L.P.A. 4 S venth Avenue, Suite 2718 P tt burgh, PA 15219 41 434-7955 412-338-7130 04 71308 C E Pit VOC This law firm is a debt collector/a kempting to collect this debt for our client and any information ob ined will be used for that purpose. CACV of Colorado, LLC Statement.Date 370 17th Street Suite 5000 Tuesday, August 2, 2005 Denver, CO 80202-5690 q?Gonit Ni4a;ttiec 5499440912996704 Balance $4,024.17 Amount Due 1, i $4,024.17 LIGHTNER, BOBBI J 113 TOWER CIR Payment DueDate CARLISLE, PA 17013 Tuesday, August 2, 2005 CACV of Colorado, LLC has purchased this HOUSEHOLD BANK account and is now the owner of this account. Total Balance Due $024.17 EXHIBIT Please send inquiries or correspondence to i Payments received at the 370 17th St Suite 5000 above listed address will Denver, CO 80202.5690 be posted that business day or call toll-free 1-877-248-8343 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn alsifications to authorities, that he/she is (NAME) AuthonzeO A gem plaintiff !X herein, that (TITLE) (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) 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. WWR#04471308 I ? C ov) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. BOBBI LIGHTNER Defendant No. 06-1329 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: W !3-n T. Molczan PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#04471308 Judgment Amount $ 4079.08 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. CiVll,A'ction No. 06-1329 CIVIL TERM BOBBI LIGHTNER Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, BOBBI LIGHTNER above named, in the default of an Answer, in the amount of $4079.08 computed as follows: Amount claimed in Complaint $4024.17 Interest from January 27, 2006 to April 20, 2006 at the contract interest rate of 6% per annum $54.91 TOTAL $4079.08 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMJAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan PA I. D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04471308 Plaintiff's address is c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 113 TOWER CIR, CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff Case lepv41 BOBBI LIGHTNER Defendant(s) IMPORTANT NOTICE TO: BOBBI LIGHTNER 113 TOWER CIR CARLISLE,PA 17013 Date of Notice: WWR##: 04471308 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 FOLLOWING 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 -? (717) 249-3166 BY:=yG?? ff JAMES dd BRODT, ESQUIRE PA I. #42524 WELT , WEINBERG & REIS CO., L.P.A. 271 OPPERS BLDG, 436 7TH AVE. PIT SBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. BOBBI LIGHTNER Defendant Case no: 06-1329 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, BOBBI LIGHTNER is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, BOBBI LIGHTNER is not in the military service. Further Affiant sayeth naught. AFFIA T SWORN O AND SUBSCR ED, in my presence this day of C7C NOTA PUBLIC 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. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 APR-20-2006 07:42:44 < Last Name First/Middle Begin Date Active Duty Status Service/Agency LIGHTNER BOBBI Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/20/2006 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: VZOURSSSOM https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/20/2006 -sa. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. Civil Action No. 06-1329 CIVIL TERM BOBBI LIGHTNER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or J d?gm:elnt was entered against you on _? °v1 OlJ (o (xx) Assumpsit Judgment in the amount of $4079.08plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award t ry / Prothon;,4. By: 6 PROT NOTARY ) BOBBI LIGHTNER 113 TOWER CIR CARLISLE,PA 17013 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 71" Avenue, Pittsburgh, PA 15219 1-888-434-0085 SHERIFF'S RETURN - REGULAR CASE NO: 2006-01329 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OF COLORADO VS LIGHTNER BOBBI MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LIGHTNER BOBBI the DEFENDANT at 1525:00 HOURS, on the 14th day of March , 2006 at 113 TOWER CIRCLE CARLISLE. PA 17013 JANET BLOSER, MOTHER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 32.40 Sworn and Subscribed to before me this alA-f' day of ?(}DCr A.D. Protho ary So Answers: R. Thomas Kline 03/15/2006 WELTMAN WEINBERG REIS By: eputy Sheri f *- 4, . „J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO LLC Plaintiff VS. BOBBI LIGHTNER Defendant No. 06-1329 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (LEVY 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04471308 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO LLC Plaintiff vs. Civil Action No. 06-1329 CIVIL TERM BOBBI LIGHTNER Defendant PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against BOBBI LIGHTNER, Defendant 3. Judgment Amount $ 4,079.08 Interest $ 201.16 Costs $ SUBTOTAL: $ Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: C?. William T. Molczan, Es e PA I. D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04471308 ' WELTMAN, WEINBERG & REIS Co., LTA ATTORNEYS AT LAW 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 CLEVELAND COLUMBUS CINCINNATI PITTSBURGH February 22, 2007 RE: CACV OF COLORADO LLC vs. BOBBI LIGHTNER COURT #: 06-1329 CIVIL TERM TO THE SHERIFF OF CUMBERLAND COUNTY: PLEASE LEVY ON ALL PERSONAL PROPERTY OF THE DEFENDANT(S) AT THE FOLLOWING ADDRESS(ES): BOBBI LIGHTNER 113 TOWER CIR CARLISLE,PA 17013 PLEASE CONFIRM SERVICE BY SENDING NOTICE TO: WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR# 04471308 Lij tri r r f 4LA WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1329 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACV OF COLORADO LLC, Plaintiff (s) From BOBBI LIGHTNER, 113 TOWER CIR, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL PERSONAL PROPERTY OF THE DEFENDANT . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,079.08 Interest $201.16 Atty's Comm % Atty Paid $114.40 Plaintiff Paid Date: MARCH 5, 2007 L.L. $.50 Due Prothy $1.00 Other Costs - 1, 1 U'?&L Curtis lt'fong',.Vrnotary/ (Seal) By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone : 412-434-7955 Supreme Court ID No. 47437 r? r -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff No. 06-1329 vs. PRAECIPE FOR W OF EXECUTION BOBBI LIGHTNER (BANK ATTACHMENT and LEVY) Defendant WACHOVIA BANK, Garnishee, 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#4471308 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff VS. Civil Action No. 06-1329 BOBBI LIGHTNER Defendant WACHOVIA BANK, Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against BOBBI LIGHTNER, Defendant 3. against WACHOVIA, Garnishee IQoo &imp Hill gyps Camp I k I I PA 4. Judgment Amount 17D11 $ 4,079.08 Less payments of $ (740.00) Interest $ 444.56 Costs $ 206.40 SUBTOTAL: $ 3,990.04 Costs (to be added by Prothonotary): $ WELTMAN,, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, uire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#4471308 ct, W p po 00 rp 00 0 0 0 O O -' s - _ (-I rn .. -C lox- r .r J AMENDED WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1329 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACV OF COLORADO LLC, Plaintiff (s) From BOBBI LIGHTNER, 113 TOWER CIR, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL PERSONAL PROPERTY OF THE DEFENDANT . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: WAGroviA BWK, laoo 00^P Wil kPass, ea.mp (kiln PA won 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 $ 3,33q.03 Interest $ g4q.5(. Atty's Comm % Atty Paid $114A6 Plaintiff Paid L.L. $.50 Due Prothy q.00 Other Costs do(.. CFO Date: MARCH 06, ao07 (Seal) - 11'h96-q Curtis ong, notaryBy: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 -v Lt, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. BOBBI LIGHTNER Defendant WACHOVIA BANK, Garnishee, No. 06-1329 PRAECIPE TO REISSUE WRIT OF EXECUTION (BANK ATTACHMENT and LEVY) 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#4471308 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff VS. BOBBI LIGHTNER Defendant WACHOVIA BANK, Civil Action No. 06-1329 Garnishee PRAECIPE TO REISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against BOBBI LIGHTNER, Defendant 3. against WACHOVIA, Garnishee 4. Judgment Amount $ 4,079.08 Less payments of $ (740.00) Interest $ 444.56 Costs $ 206.40 SUBTOTAL: Costs (to be added by Prothonotary): $ 3,990.04 WELTMAN, WEINBERG & REIS CO., L.P.A. By: W William T. Molczan, squire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#4471308 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. Civil Action No. 06-1329 BOBBI LIGHTNER Defendant WACHOVIA BANK Garnishee WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against: BOBBI LIGHTNER Defendant(s); (1) You are directed to levy upon the property of the defendant(s) and to sell his/her/their interest therein; (2) You are also directed to attach the property of the defendant not levied upon in the possession of WACHOVIA BANK, as garnishee, 1200 CAMP HILL BYP CAMP HILL PA 17011 and to notify the garnishee that: a. An attachment has been issued; b. Except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof; c. The attachment shall not include any funds in an account of the defendant with a bank or other financial institution i. In which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, or ii. That total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant's general exemption provided in 42 Pa.C.S. § 8123. (3) If property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify [him] such other person that he or she has been added as a garnishee and is enjoined as above sated Amount due .......................................... $ 3,990.04 Costs to be added .................................. $ Prothonotary Deputy DATED: C7 ? ?= C" c:.? ?--a ,. ?., ? ' }`.1 r,..x J :- < ' ? ? , _... : - . . _ __ _ .: ? ,? z r ;. ? =t ?' .?_? f?,? ' '?'? G':T AMENDED WRIT OF EXECUTION and/or ATTACHMENT M J COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1329 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACV OF COLORADO LLC, Plaintiff (s) From BOBBI LIGHTNER, 113 TOWER CIR, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL PERSONAL PROPERTY OF THE DEFENDANT . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: WACtrovlA BANK, laoo CathP Wil kpass, Lamp Hill, PA owl 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 $ 3 339.0$ Interest $ N44.5(v Atty's Comm % Atty Paid $114:90 Plaintiff Paid L.L. $.50 Due Prothy a.oo Other Costs '20('. 40 Date: MARCH o6, a.o0? (Seal) Curtis . ong, notary By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone : 412-434-7955 Supreme Court ID No. 47437 'S 00 ci- b + D y 2 far SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-01329 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CACV OF COLORADO VS LIGHTNER BOBBI And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:12 Hours, on the 23rd day of April , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT LIGHTNER BOBBI hands, possession, or control of the within named Garnishee WACHOVIA BANK 604 E HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to , in the KRISTEN DARHOWER (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 . true and made Sheriff's Costs: So answers: Docketing .00 ?%e r Service .00 ?J Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 0 0 ? Y/0-71&79.... 05/06/2008 Sworn and Subscribed to 1 1 before me this day of By Zf qa zf De u y She i . A.D SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee CACV OF COLORADO, LLC vs. BOBBI LIGHTNER and COURT OF COMMON PLEAS COUNTY OF CUMBERLAND : NO. 06-1329 WACHOVIA BANK, N.A., GARNISHEE TO THE PROTHONOTARY: ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Wachovia Bank, N.A., Garnishee, in the above-captioned matter. Date: mfr. ?, Wit-' ro 'OW P 55 - C_ Ln SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee CACV OF COLORADO, LLC vs. BOBBI LIGHTNER and WACHOVIA BANK, N.A., GARNISHEE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 06-1329 ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: CACV OF COLORADO, LLC, Plaintiff 1. No. 2. Account titled Bobbi Jo Lightner. The total sum of $477.27 has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Charge, leaving a balance for execution purposes of $377.27. In addition, pursuant to 42 Pa.C.S.A. Section 2503, garnishee attorneys fees are authorized in an amount to be determined and deducted from the attached funds. 3. - 6. No. 7. (Q) 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? (A) No. 8. (Q) 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? (A) In addition to any amounts disclosed above, if any, as of the date of the execution of the Verification to these Answer an account titled Bobbi Jo Lightner contained the sum of $300.00, which is not being held because Garnishee believes that it is exempt pursuant to Section 8123 of the Judicial Code, 42 Pa.C.S. Section Dated: WACHOVIIA Legal Order Processing 104 Independence Mall East 11th Floor - PA4418 Philadelphia, PA 19106 VERIFICATION John O'Donnell, being duly sworn according to law, deposes and says that he is the Writ of Execution Administrator of Wachovia National Bank, Garnishee herein, and verifies that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of his knowledge. Said Garnishee understands that false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to sworn falsification to authorities. (19 oa'dw?tdl) ohn O'Donnell Manager Dated: J4 -© o n _ ? ?_ _, :? ?; ? _ .,_ Fi=n ? , n4 ? . C.,, -r J ? - a Cam? I? .._ •G SIRLIN GALLOGLY & LESSER, P.C By: Jon C. Sirlin, Esquire, I.D. No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 8649700 Attorney for Garnishee CACV OF COLORADO, LLC COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. BOBBI LIGHTNER and NO. 06-1329 WACHOVLA BANK, N.A., GARNISHEE ATTORNEY I.D.#17498 BILL OF COSTS OF GARNISHEE, WACHOVIA BANK, N.A. Garnishee, Wachovia Bank, N.A., hereby bills the following costs to the fund attached and will be satisfied therefrom, as authorized by 42 Pa.C.S.A. Section 2503: Garnishee's fee pursuant to 42 Pa. C.S.A Section 2503: Notary Charges: Entry of Appearance: Answers to Interrogatories: Order to Discontinue or Satis Other: 'AL: 300.00 0.00 0.00 0.00 0.00 0.00 J Costs are hereby taxed in the amount of $ this of 2008. BY' of ' 5 ,Wl 7-1 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, DUE TO BANKRUPTCY. Sheriff's Costs: Docketing $ 18.00 Poundage 2.79 Advertising Law Library .50 Prothonotary 2.00 Milage 19.80 Surcharge 30.00 Levy 60.00 Post Pone Sale Garnishee 9.00 Postage TOTAL $ 142.09 ? ab- 4o 8 ?d Advance Costs: 450.00 Sheriffs Costs: 142.09 307.91 Refunded to Atty on 11/14/08 So Answers; R. Thomas Kline, Sheriff By 001 w ojvq-.k,- NO LE Z d n- M HOZ C't 61.g4e a? AMEODOD WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1329 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACV OF COLORADO LLC, Plaintiff (s) From BOBBI LIGHTNER, 113 TOWER CIR, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL PERSONAL PROPERTY OF THE DEFENDANT . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: WACt? MIA FAWK, 1-loo C MP Ph Il Byposa CLrnp Hill ,PA 17011 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 $ 3,33Q, oS Interest t H44. 5(0 Atty's Comm % Atty Paid $114. 90 Plaintiff Paid Date: MARCH 05, *1b07 (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412434-7955 Supreme Court ID No. 47437 L.L. $.50 Due Prothy $a.co Other Costs # Ao(,. yo x:2 at4;L Curt' R. Lon onot By: Deputy