Loading...
HomeMy WebLinkAbout07-0481IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERFORMANCE CAPITAL MANAGE Plaintiff vs. CHRISTINA KILGORE Defendant No. 07 ` COMPLAINT IN CIVIL ACTION 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#05690508 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERFORMANCE CAPITAL MANAGE Plaintiff vs. Civil Action No. CHRISTINA KILGORE Defendant COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND You have been. sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation having offices in 222 S HARBOR BLVD,STE.400, ANAHEIM, CA 92805. 2. Defendant is an adult individual residing at 337 E ORANGE STREET, SHIPPENSBURG,PA 17257. 3. On or about 5/18/04, Defendant executed a Disclosure Statement, Note and Security Agreement (hereinafter the "Contract") in favor of Citifinancial, a true and correct copy of said Contract is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Citifinancial subsequently assigned its right to Plaintiff. 5. Plaintiff avers that Defendant is in default of the Contract by having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that a balance of $8,097.99 is due from Defendant as of DECEMBER 8, 2006 7. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to legal interest at the rate of 6% per annum. 8. Plaintiff avers that the Contract between the parties provides that Defendant will pay Plaintiff's reasonable attorneys' fees. 9. Plaintiff avers that such attorneys' fees amount to $1000.00. 10. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant, CHRISTINA KILGORE, individually. in the amount of $8,097.99 with continuing interest thereon at the Contract rate of 6% per annum from DECEMBER 8, 2006, plus attorneys' fees of $1000.00 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Molc n, Esquire PA I.D. #4743 WELTMAN, EINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 1.5219 (412) 434-7955 WWR#:05690508 Disclosure Statement, Note and (Name and Lender (Name, address, city and state) CITIFINANCIAL SERVICES, CHRISTINA LYNN KILGORE INC. 337 E ORANGE STREET 244 S FAYETTE ST SHIPPENSBURG PA 17257 SHIPPENSBURG PA 17257 ANNUAL PERCENTAGE RATE FIlYANCS CHARGE Financed cost of Borrower's credt Y The dollar amount the credit will amount of credit provided to a yearly rate. cost Borrower. orrower or on Borrower's behalf. Payment Schedule: Number of Amount of Psvmentc Pavnwnte When PATmems 1 $ 270.23 07/02/2004 59 $ 224.20 MONTHLY BEGINNING 08/02/2004 S $ 7.383.12 325555 05/18/2004 Total of Payments The amount Borrower will have paid after Borrower has made all payments as scheduled. $ 13.498.03 Security: If checked, Borrower is giving a security interest in: ? Motor Vehicle ? Mobile Home ? Real Property ® Other:MISC PERS PROP Late Charge: If a payment is late, Borrower will be charged a late charge equal 1.5 % per month on the past due amount until paid in full, minimum charge $ 1.00 . See the contract documents for any additional information about nonpayment, default, meat If Borrower pays off early, Borrower may any required repayment in hill before the scheduled dare, and prepayment refinds and be entitled to a refund of part of the finance charge. penalties. 5,918.88 Is 150.00 105/18/2004 I Date Extens ?oonCharge: $ 46.03 (included in Finance Charge.) INSURANCE DISCLOSURE Required Insurance: If Borrower obtains credit that is secured by Borrower's interest in improved real property (including a mobile or manufactured home that is part of real property), then Lender requires Borrower to provide fire and extended coverage for the replacement value of the improvements. If the collateral securing the credit is a motor vehicle including a recreational vehicle, boat, or movable mobile home), Borrower must provide collision and comprehensive casualty insurance in an amount sufficient to satisfy the unpaid balance of the loan or equal to the value of the collateral, whichever is less. All such policies and renewals thereof must name Lender as loss payee and must be maintained by Borrower, until the credit is repaid in full. Borrower may obtain a new insurance policy or provide an existing policy from any insurer that is acceptable to Lender. If Borrower obtains the collateral protection coverage or Automobile Physical Damage Insmance at Lender's office, Borrower acknowledges that such insurance (1) may cost more than insmance that is available from another inter, (2) will only protect Lender's interest in the collateral and does not protect Borrower's interest, and (3) does not protect Borrower from claims by other persons. Optional Insurance: Credit life insurance, credit disability insurance, credit personal property insurance, involuntary unemployment insurance, and any other insurance products that are not required per the above paragraph are optional to Borrower and are not required in order to obtain credit. It Borrower desk es voltmtarlly to purchase any of these optional insurance products, Borrower mast sign below and in other required documents and will receive an insurance certificate or policy detailing the coverage terms and conditions. that -apply to the insurance. Borrower should refer to the terms and conditions contained in the applicable assurance certificate or policy issued for the exact description of benefits and exclusions. Borrower s encouraged to inquire about coverage and refund provisions. If the initial amount of coverage for credit life insurance and/or credit personal property insurance set forth in Borrower's insurance certificate or policy is equal to the Total of Payments stated above, it may exceed the amount necessary to pay off Borrower's loan at any given time. Any excess insurance coverage amount that may become payable will be paid to the appropriate party as designated in the insurance certificate or lic Borrower acknowledges that if optional credit personal I PrtY insurance is purchased, Borrower's property coverage under other policies such as as homeowner's or renter's insurance may be adversely affected. Borrower's regular monthly loan payment N Borrower elects not to purchase insurance will be $ 224.20 Termination of Optional Insurance: Borrower may cancel any of the optional insurance products obtained at Lender's office at any time upon Borrower's written request for cancellation to Lender. If Borrower is in default under the terms of this agreement, Borrower authorizes the insurer to terminate any and/or all optional 1nsurawe products upon Lender's request. Upon termination of any insurance for any reason, Borrower authorizes and directs that the insurer deliver the premium refund, if any, to Lender, which will apply it to Borrower's outstanding loan balance. Borrower hereby irrevocably and unconditionally assigns to Lender any right, title or interest which Borrower may have in any premium refund ("Refund"). Such assignment is absohm and not intended as security. Borrower acknowledges and agrees that the Refund shall be the sole property of Lender and that Borrower shall have no interest is the Refund. Lender agrees to pay to Borrower any amount by which the Refund received by Lender exceeds the outstanding loan balance. I/we request the following Insurance: Cost/Premium: $NONE $NONE 1,_ I D Insua I B I rurance Teton in mos.: (' WQ First Borrower's signature Date 0 r i Second Borrower's Signature Date TERMS: In this Disclosure Statenem, Note and Security Agreement, the word "Borrower" refers to the persons signing below as Borrower, whether one or more. If more than one Borrower signs. each will be responsible. individually and together, for all promises made and for repaying the loan in full. The word "Lender" refers to the Lender, whose name and address are shown above. PR OMISE TO PAY: Borrower promises to pay to the order of Lender the Total of Payments (which includes precomputed interest charges and Service charges) shown the fast and final payments, in substantially equal, consecutive monthly installments shown above, except that any appropriate adjustments will be [Wade to payments, from the Date Charges Begin until the Total of Payments is fully paid. Each payment will be applied to a combined total of the Amount Financed and precomputed interest charges. If any part of the balance remains unpaid on the final payment date, Lender, at its option, may collect interest from and after maturity upon the then unpaid Amount Financed at the maximum rate permitted by the then applicable laor, if no maximum rate is prescribed, then at the rate of interest prevailing under this Disclosure Statement, Note and Security Agreement. The amount shown as "Service Charge" above has been paid by Borrower as a prepaid charge and is in addition to the precomputed: interest on the loan. Any Flee Charges are earned prior to interest on due loan balance. Prepaid Service Charges are not refundable to Borrower in the event of early payment or termination of the account. MIA YMENT: Borrower may prepay this loan in whole or in part at any time. If Borrower prepays in full or if Lender accelerates the unpaid ecause of Borrower's defauh, Borrower will be given a refund of the unearned portion of the Finance Charge, computed by the Rule of 78's. No refund of less than $1.00 will be given. Partial prepayment will not result in a refund of interest. PA 25431-10 7/2003 Borrower's Initials: Original (Branch) Copy (Customer) Page 1 of 3 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 ?klo fZ' A+_? ( ; MIv ?-5?f t-t+ M M I Y\iS'14' of v M av?? c i?a ( (TITLE) plaintiff herein, that OMPANY) 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. (SIG URE) 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#05690508 -o d C". ?J N c? cZ7 N N 0 -n T (?il _-3 - 0 ?-no-)c ?Lt,i?L Cam-` t_naq 1C) ov, Cumberland county court, March 8, 2007 Kc'.Spon5 c, I am writing in response to the civil term o1-y81,1 contest the papers I have received. I am unable to afford to pay the entire amount in one payment. I am in my last year of college and I am a single parent, I am requesting a hearing to ask the judge to set a reasonable monthly amount that I can pay and still afford to support myself and my daughter, I have contacted the plaintiff to try to work out a monthly payment agreement and that was not successful, so I would like a hearing so that a judge can please help me to set an affordable amount. Thank you very much for your time, Christina L. Kilgore cy)'A .1--ki 96, 337 East Orange Street Shippensburg, Pa. 17257 co ? ?f -_S t ` C a3 ". =: Fri SHERIFF'S RETURN - REGULAR CASE NO: 2007-00481 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERFORMANCE CAPITAL MANAGE VS KILGORE CHRISTINA STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KILGORE CHRISTINA the DEFENDANT , at 1525:00 HOURS, on the 1st day of February , 2007 at 337 E ORANGE STREET SHIPPENSBURG, PA 17257 BRIANNA KILGORE, SISTER 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 17.60 Affidavit .00 Surcharge 10.00 .00 60 45 qw. '9 f v . Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 02/02/2007 WELTMAN WEINBERG REIS By. De ty Sheriff A. D. { t PRAECIPE FOR LISTING CASE FOR ARGUMENT S 6 ?( pS©e (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) (MCA A C e- S (Plaintiff) Vs. Ort'l e I jar (Defendant) No. 41 Civil 3a zOo7 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's dqmurrer to complaint, etc.)= 2. Identify counsel who will argue case: r (a) for plaintiff : j R . e: 1 of / Address : 1 UJ0 K ?Op?, Bw ?d ? f , y,?6 pl- Y/jI t" y 1, , 6+ . /s-Z, q ie. (b) for defendant: (Pro -Se) ??+?•?T?A ore Address: y 33? c. ?r-4ny? Sf??e? 1 7z r ,7 3. I will notify all parties in writing within two days that this case bas been listed for argument. k?1 4. Argument Court Date: y Ib /o k' A t0 for' ?i1n 1t CERTIFICATE OF SERVICE A true and correct copy of the Praecipe For Listing Case For Argument has been served by First Class Mail, postage pre-paid, on 22Lday of t--e-b ma r T , 2008 upon the following: Christina Kilgore - Aka 337 E Orange Street Shippensburg,Pa 17257 By: ?., ? a, r... ? --? «r1? ?!ry ' '..,4 ?, r N , . ry . { •i ? ?i.S _ .t .. •..?:. PERFORMANCE CAPITAL IN THE COURT OF COMMON PLEAS OF MANAGE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ' CHRISTINA KILGORE, NO. 2007 - 481 CIVIL TERM Defendant BEFORE HESS OLER JR. GUIDO JJ. ORDER OF COURT AND NOW, this 12TH day of MAY, 2008, the Plaintiff's Motion for Judgment on the Pleadings is GRANTED in the amount of $8,097.99 plus interest at the judgment rate from December 8, 2006, plus attorney fees of $1,000.00 and costs. Court, Edward E. Guido, J. - Benjamin R. Bibler, Esquire 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pa. 15219 ? Christina L. Kilgore 337 East Orange Street Shippensburg, Pa. 17257 Court Administrator :sld 12e>F1'eS MUL Lcc? s-/??108 Y q? ???? ??A??80p1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERFORMANCE CAPITAL MANAGE Plaintiff VS. CHRISTINA KILGORE Defendant. Case No.: 07-481 CIVIL TERM TYPE OF PLEADING PRAECIPE FOR JUDGMENT PER ORDER OF COURT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C WARMBRODT, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 5690508 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERFORMANCE CAPITAL MANAGE Plaintiff vs. CHRISTINA KILGORE Defendant. Case No.: 07481 CIVIL TERM TYPE OF PLEADING PRAECIPE FOR JUDGMENT PER ORDER OF COURT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C WARMBRODT, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 5690508 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERFORMANCE CAPITAL MANAGE Plaintiff vs. CHRISTINA KILGORE Defendant. TO THE PROTHONOTARY: Case No.: 07-481 CIVIL TERM PRAECIPE FOR JUDGMENT 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 Judgment in favor of Plaintiff on MAY 12 2008, kindly enter Judgment against the Defendant, CHRISTINA KILGORE, in the amount of $9,329.61 computed as follows: Amount Awarded per Order: $8,097.99 V Interest from 12/8/06 TO 5/7/09 at the legal rate of 6% per annum: $231.62 Attorneys fees $,1000.00 TOTAL: $9,329.61 Attached is a copy of the Court Order in favor of Plaintiff for Judgment. WELTMAN, WEINBERG & REIS, CO., L.P.A. By: _ JAMES CA?ARMBRODT, Esquire PA I.D. 24 WEL , WEINBERG & REIS CO., L.P.A. 1400 p rs Building 436 S ve th Avenue Pitts ur IPA 15219 (41 34-7955 Plaintiffs address is: Weltman, Weinberg & Reis, 2718 Koppers Building, 436 76 Avenue, Pittsburgh, PA 15219 And Defendant's address is: 337 E ORANGE STREET SHIPPENSBURG,PA 17257 WWR No. 5690508 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERFORMANCE CAPITAL MANAGE Plaintiff Case No.: 07-481 CIVIL TERM VS. CHRISTINA KILGORE Defendant. NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendants ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $9,329.61, plus interest at 6% 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 Prothonotary CHRISTINA KILGORE 337 E ORANGE STREET SHIPPENSBURG,PA 17257 By: PR HONOT D UTY) WWR No. 5690508 PERFORMANCE CAPITAL MANAGE, Plaintiff V. CHRISTINA KILGORE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 481 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS BEFORE HESS, OLER JR., GUIDO, JJ. ORDER OF COURT AND NOW, this 12"' day of MAY, 2008, the Plaintiffs Motion for Judgment on the Pleadings is GRANTED in the amount of $8,097.99 plus interest at the judgment rate from December 8, 2006, plus attorney fees of $1,000.00 and costs. Court, Benjamin R Bibler, Esquire 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pa. 15219 -1 /Christina L. Kilgore 337 East Orange Street Shippensburg, Pa. 17257 Court Administrator :sld s/???os Edward E. Guido, J. 4 FEE FG'-0r,' lCE OF ITIE P,-'T- owly 2009 MAY 14 PIS 2: 0 ,,. 171 Gt 0 ?-6-70) a 7 P-0- t a- S / 3 ?