Loading...
HomeMy WebLinkAbout07-0826IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. CHAD MCGINT°Y Defendant No : d17 - COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbr©dt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05531041 C E Pit VOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff Vs. Civil Action No 011- 47211. CHAD MCGINTY Defendant COMPLAINT AND NOTICE TO DEFEND l• , 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, LLC 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: CHAD MCGINTY 3185 SPRING RD APT 2 CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 5329000999957734 . 4. Defendant made use of said credit card and has a current balance due of $2607,16 , as of December 19, 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 6.000% per annum on the unpaid balance from December 19, 2006 . A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit 11111 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 , CHAD MCOINTY , INDIVIDUALLY , in the amount of $2607.16 with continuing interest thereon at the rate of 6.000 per annum from December 19, 2006 plus costs. James C w4 mbrodt,42624 WELTA?' WELNBERO & REIS CO., L.P.A. 436 Se,,r,n Avenue, Suite 2718 PA 15219 Pittsltiuy (412),x' 4955 FAX:/412- 8-7130 055 3,.04 E Pit VOC This law firm is a debt collector attemttAg to collect this debt for our client and any information obtained ill be used for that purpose. OS-5 3 / 4) ttll MBNA America ACCOUNT Nil BER 7734 PAYMENT DUE DATE NEW BALANCE TOTAL CARDHOLDER SINCE 2001 08/26/04 $•00 T TAL MINIMUM PAYMENT DUE AMOU T ENCLOSED Make clock f.00 to eble to: MBNA AMERICA 23 P.O. BOX 15289 SH WILMINGTON, DE 19886-5289 CHAD A MCGINTY 3185 SPRING RD APT 2 CARLISLE PA 17013-874285 S 000010244000008411900000000000000000000000000000000006005329000999957734 S 00024642100007933800000060000000000000000000000000000005329000999957734 DAYS IN TOTAL MINIMUM ACCOUNT NUMBER CREDIT LINE CASH OR CREDIT AVAILABLE CYCLE CLOSING DATE PAYMENT DUE PAYMENT DUE DATE FOR BANK USE ONLY 51 07/28/04 $.00 08/26/04 POSTING TRANS REFERENCE eD CA TRANSACTIONS CHARGES CREDITS ICRi DATE DATE NUMBER l: JULY 2004 STATEMENT PAYMENTS AND CREDITS MC ZERO CURBL ON BOLD ACCT PURCHASES AND ADJUITMENTS 0728 0728 + TRANS FROM 53200003MM7163 2,600 TOTAL FOR BILLING CYCLE FROM 6/00/2004 THROWN 7/20/2004 0100 5.00 IMPORTANT NEWS SUMMARY OF TRANSACTIONS TOTAL MINIMUM PAYMENT DUE Previous Payments + Cash urcha ses Z P + Periodic Rate + Trion New Balance Past Due Amount $D.DD 11 Balance and Credits Advances j Nd juslnxMs Fintnca Charges Finenca Chergae Total urrent Payment $0.00 $2,366.65 $2,566.64 $0.00 $0_00 $0.00 $0.00 $0.00 Total Min Payment Due $0.00 FINANCE CHARGE SCHEDULE Periodic Cor»seponMn9 Balance Cstepory Rate Annual Subject to FOR YOUR SATISFACTION, EVERY HOUR, EVERY DAY Percentage Rate Finance Charges For our automated Direct Conned service cal I , A BALANCE TRANSFER, CHECKS .000000% DLY OO.OO% 1-800.626-2558 EL ATM, BANK ....... .000000% DLY 00.00% To speak to one of our Customer Satisfaction representatives C. PURCHASES ........ D. OTHER BALANCES...... , .000000% DLY 0 OO% call 1.800 421-2110 .000000% DLY 00.00% 00.00 FOR THIS BILLING PERIOD - For TOO (Telecommunications Device for the Deal) ANNUAL PERCENTAGE RATE ... SEE ABOVE assistance, call 1.800-348-3178 THIS DOCUMENT IS A COPY OF YOUR STATEMENT, IT IS FOR - Billing rights are presented only by written inquiry. YOUR RECORDS ONLY. THIS COPY IS NOT AN EXACT DUPLICATE Mail billing Inquiries and all other account inquiries to: AND MAY NOT INCLUDE MESSAGE$ WHICH APPEAR IN THE PAGE 1 OF 1 MBNA AMERICA P.O. BOX 15026 IMPORTANT NEWS BLOCK ON YOUR ORIGINAL PERIODIC STATEMENT. WILMINGTON DE 18850-5026 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsifications to authorities that he is Jeffrey Weyand, Authorized Agent of CACV of Colorado, LLC, plaintiff herein, that he 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 knowledge, information and belief. JAN 0 5 2007 Date effrey and This law firm is a 'debt collector attempting to collectthis debtor our client and any information obtained will be used for that?purpose: WWR# 5531041 R, d C. ?t L' ws.. rv Q -n t'r't car W E5 N tL? 91 rnm cq) T) t r f1f3 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00826 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS MCGINTY CHAD R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MCGINTY CHAD but was unable to locate Him in his bailiwick. COMPLAINT & NOTICE , He therefore returns the the within named DEFENDANT MCGINTY CHAD NOT FOUND , as to 3185 SPRING ROAD APT 2 CARLISLE, PA 17013 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE WE WERE UNABLE TO SERVE DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: So ans Docketing 18.00 Service 19.20 Not Found 5.00 R. Tho as Kline Surcharge 10.00 Sheriff of Cumberland County .00 3??b t ?] 52.20 WELTMAN WEINBERG REIS 03/15/2007 Sworn and Subscribed to before me this day of A. D. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff VS. Civil Action No. 07-826 CIVIL TERM CHAD MCGINTY Defendants PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: PA 4 JAM)burgA RMBRODT WEWEINBERG & REIS CO., L.P.A. 271Building 436 venue Pit 15219 (4 25 #05531041 Coto V> co SHERIFF'S RETURN - REGULAR CASE NO: 2007-00826 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS MCGINTY CHAD CPL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCGINTY CHAD the DEFENDANT , at 0835:00 HOURS, on the 24th day of August 2007 at 140 S BEDFORD STREET # C CARLISLE, PA 17013 by handing to CHAD MCGINTY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge ? '1 eye°' 18.00 9.60 .41 10.00 .00 V 38.01 So Answer R. Thomas Kline 08/27/2007 WELTMAN Sworn and Subscibed to By: before me this day of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. CHAD MCGINTY Defendant No.07-826 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMEN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#05531041 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. Civil Action No. 07-826 CIVIL TERM CHAD MCGINTY Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, CHAD MCGINTY, in the amount of $2,729.53 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: '14, /.' /Z Attorney or Plainti CHAD MCGINTY, By. av) 610L ` Defen ant WWR#05531041 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff VS. Civil Action No. 07-826 CIVIL TERM CHAD MCGINTY Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, CHAD MCGINTY, above-named, in the amount of $2,729.53 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $2,729.53 with continuing interest thereon at a rate of 6% per annum plus costs from October 5, 2007. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, CHAD MCGINTY, in the amount of $2,729.53 plus continuing interest thereon at the rate of 6% per annum from October 5, 2007 and costs. 3. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $75.00 due by October 15, 2007; (b) $75.00 due on 15thof each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "CACV OF COLORADO, LLC" 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals this _day of , 20 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Willi m T. Molcz ,Esquire PA I.D. 947437 WELTMEN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 05531041 By: d5n? owz*p Defendant, CHAD MCGINT L N r? • W C N a Q 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. Civil Action No. 07-826 CIVIL TERM CHAD MCGINTY Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $2,729.53 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary CHAD MCGINTY 140 S BEDFORD ST #C CARLISLE,PA 17013 By: tW' PRO ONOTARY (OR DEP Y)