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HomeMy WebLinkAbout07-5183SHAPIRO LAW OFFICE P.C. , BY: Kenneth S. Shapiro, Esq. Identification No. 26850 33 Rock Hill Road Suite 150 Bala Cynwyd, PA 19004 610-668-0707 Erin Capital Management, LLC 3 5 East 21st Street 5th Floor New York, NY 10010-0000 Plaintiff V s. William Stahl Jr. 5 Silkwood Lane Carlisle, PA 17015-9397 Defendant(s) In The Court Of Common Pleas Cumberland County, PA CASE NO. ~? - 5183 ~ ~,rc I Term NOTICE You have been sued in the Court of Common Pleas of Cumberland County, in the Commonwealth of Pennsylvania. 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 is served, by entering a written appearance personally or via attorney, by filing, in writing with the above captioned 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 SHAPIRO LAW OFFICE P.C. BY: Kenneth S. Shapiro, Esq. Identification No. 26850 33 Rock Hill Road Suite 150 Bala Cynwyd, PA 19004 610-668-0707 Erin Capital Management, LLC 35 East 21st Street 5th Floor New York, NY 10010-0000 Plaintiff Vs. . In The Court Of Common Pleas Cumberland County, PA William Stahl Jr. 5 Silkwood Lane Carlisle, PA 17015-9397 Defendant(s) CASE NO.. 0 ~, 31 ~3 ~c' u~! T~~•.- COMPLAINT 1. Plaintiff, Erin Capital Management, LLC, is a Delaware Limited Liability Corporation with its principal place of business at 35 East 21st Street 5th Floor New York, NY 10010-0000. 2. Defendant(s), William Stahl Jr., is/aze individual(s), whose last known address is 5 Silkwood Lane Cazlisle, PA 17015-9397. 3. On or about December 8, 1999, Defendant(s) originally contracted with Providian National Bank fora Visa Credit Cazd Account No. 4031140700645954 (the "Account"). (See Exhibit "A", Affidavit of Indebtedness attached hereto and made a part hereof.) The written application signed by the Defendants(s) and reproductions of the statements reflecting the balance due, sent by the original credit grantor to the Defendant, are attached as Exhibit "B". 4. The account was purchased from Providian National Bank by Washington Mutual Bank, and subsequently assigned to Erin Capital Management, LLC, on or about July 4, 2006. (Exhibit «A~,) 5. Defendant(s) defaulted under the terms of the agreement in that he has failed to make any payments on the balance due on the account since Apri17, 2005. The credit card agreement is not presently available as it has not yet been provided to Plaintiff by Providian National Bank or its assigns. 6. Plaintiff has duly made demand for payment from the Defendant(s), who has failed and refused to comply with said demand. 7. In accordance with the Fair Debt Collection Practices Act, 15 U.S.C.A. Sec. 1692(e) on May 16, 2007, Plaintiff sent a written notice to Defendant specifying (among other things) the amount of the debt, the name of the creditor to whom the debt is owed and a statement that unless the Defendant notifies the Plaintiff in writing within the thirty-day period that the debt or any portion thereof is disputed, the debt would be assumed to be valid. To date, Plaintiff has not received any written notification from Defendant that the debt is disputed. (See Exhibit "C") 8. In accordance with the terms of the account and the underlying agreement with Providian National Bank, Defendant(s) is obligated to the Plaintiff in the amount of $12,371.39 (as of Apri17, 2005), calculated as follows: Principal Balance due on Account $12 371.39 Total Amount Due $12,371.39 (See Exhibit "A", Affidavit of Indebtedness) WHEREFORE, Plaintiff requests that this Court enter judgment in favor of Plaintiff and against the Defendant(s) in the amount of $12,371.39 plus interest and costs. SHAPIRO LAW OFFICE P.C. STATE OF NEW YORK COUNTY OF NEW YORK _ C~R~. FON ,being duly sworn according to law, deposes and says that he/she is the ~~j~'A~ ~~RETdRY of Erin Capital Management LLC; that he/she is authorized to make this affidavit on its behalf; and that the facts set forth in the foregoing complaint aze true and correct to the best of her knowledge, information and belief. Sworn to and subscribed before me this ~ day of j~v JT,200~ Notary Public ALBERT MCCONNACH ,~;; Nodry PuWie 8dM of Ntw 18~ ~n M lanp~ s4CoT Ap~l 81'f ~z~i J{B~tl ~; .,z il ., _.,, _. , . _. . . ,. . > ,, t~JAH14E}~~~i "Tf f3~l.J~1 W9V) t0 3fflt~ .;didu~i ~ C'~tP~rd;~Me" ~ ..c~1 YMua~ 2~~~}i ~ti'~3~~it&UO rras ,a ~i,~a ~~,~~~ ,o„aa~mmo~ EXHIBIT ``A" AFFIDAVIT OF INDEBTEDNESS STATE OF NEW YORK COUNTY OF NEW YORK Name: William Stahl Jr, Providian Acct No. 4031140700645954 Carl Fon, being sworn, deposes and says that the Affiant making this affidavit is an employee of Erin Capital Management LLC (the "Company"), which is located at 35 East 21~` Street, New York, NY 10010. The Affiant is authorized to make the statements and representations herein. The Company's business records show that there was due and payable from William Stahl Jr, ,Account # 4031140700645954 the amount of $12,371.39. The Company's records reflect the date of last payment as 4/7/2005. The Company acquired this account as assignee in interest from Washington Mutual Bank on 7/4/2006. The amount was originally due and owing to Providian. The Affiant states to the best of his knowledge, information and belief there are no uncredited payments against the said debt. Dated tlu_s~/ dav_of May, 2007 ERIN CAPITAL The Comnanv Printed Name: Carl F~ Subscribed to and sworn to before me this ~ day of May, 2007 ~y Car Fon ssistant Secretary of the Company. ALBERT MCCONNACH Notary Public, Stafe of New York No. 01 MC6164157 Qualified in Kings County Commission Expires April 9, 2011 otary public ED244 ~xh~~ b; r a ~ if EXHIBIT "B" v ~f 4 yl~ ~; Ai:^ t ` yy6~p~'.. ~t - A(i`-, :. ~i? Y s~ %'R E F' ~ , ~' i. ~ , {: ~ Ci .. t ' ~! I r i r n '~h . i~ x t ,Y ~'?' t,., ~ ?~`' ~~S'S-c~.._ ~-., ~ s L ,• ; .. ~' '~,.a _, .:.. ! :;,r ~~ ~.Y,jy _' ~~~ ,~ r ` c~~ia t .'y t;;~ N ASV - ~ ~~,~:`~: ~, ~; -~ ' - ~iti.;y O I PAYRENT INI~NMIIM BALANCE AS OF ACCOUNT (, DUE DATE PAYt4EMT O~OaIi00S NUAABER P.O. Box Br01Ti, ONa. TX 752QB-O~i ~~7.00 ~ ~ ~1~7 Y~Y ~ N Addiw BNwr pw hMw or Wert talc) AYOUNT tBIq.O~D Ira llwer black la1Q Aeon.,: ~ ~.: ~. "o`. ~ 0~~0~.00 lion. Rcaa.: wee ahe,,.: o~oo Irialce ctlaalte Psyabis to waslllrlplon wiaw E-Nai: PROVIDIAN PROCE881NG 8VC8. WIUJAM R 3TAHL JR 7sbs1 P.O. BOX 666487 1416 HOLLY PEKE DAUA8 TX 75266.0487 CARUSUe PA 1701381 02 ~~u~~~~~~u~~~~~~~~u~~n~~~u~~rr~~u~~~u~~~n~~~u~~~~u~~ ~u~~~~u~~~~nuu~~n~~~~~~uu~~~~~nm~~~~~u~~~~u~~~u~ 4031140700645954 0023700 0946bbb 0015000 OS AETACti ttERE .. N :_ as ~.. ... s a~ie ... ail i eaaoooi ws: nn ens 7 ososob oas• i ei i w ou 74su t111110rfaflt MeeNBef YOLNi ACOOUNT 18 OVER ITS CREDIT OMIT. Please pay Uls minirtwm payment Fstsd above abrg wdh Ule owrimd amount as soon as poeeible. T ns ran ROR BILLJNG EIRRORB AND 118°ORTANT INFORMATK)N, 8EE REVERSE SIDE. BManos Cstpor~- Average DaNy Potfodic Arrllysl % Fl11ar1os Graos DaiAl Bahnw Raq Rats (APR1 Gtsruss Tirnrs Standard Purohw - Current CycN =7,717.08 .0797%• 28.06'X• ;184.52 Term A Stsndsrd Cash • Current CyoM =t ,725.25 .0797%' 29.08%' :41.25 Tenn B AMNlAL PtERCENTAQE RATE this bil~rlg cycle: 28.8Y'i6 'Tllssa rNss nny vary. Far 24•hour Automabd Aooount Infonndion, pleaso oaH 1-800-356-0011 ar visit w st www.provldlanoom Your aooourrt M bauad kY Providhrt NaiUonal Bank, Tq~ry NH. 0195 NI~QV0002 / PAYMENT MMIIAAUM BALANCE A8 OF ACCQUNT `I O,, DUE DATE PAYMENT 1110711003 NuMSER Po. eoe eeor.~. o.r.., nc 7saa~o~+ tslo4wos s~1,ta3.oo =11,374.52 ,OSi-1407-0OA4-~1 t~aloer OMMM a Ad~eee Selerr (~ etr. ar Wat ttiv AMOUNT ENCLOSED (eee ttre er Wet tdQ Addnee: ~.: ~: ~' ~ ~~D~CI.~ Flan Phone: ~ Air. ~ MNae ClMets PayaEb to w«nlrr~ MrNFd E-AMi: WASHINGTON MUTUAL CARD SERVICES WILLIAM R STAFF. JR rYSt P.O. BOX 660487 ~ t 446 HOLLY PIKE DALLA8 TX 75266-0487 CARLISLE PA 17013102 ~~ur~r~r~ru~r~r~~nr~~n~~nu~u~~u~r~ur~~o~r~ur~~~nr~ ~ur~~~ur~~~runr~~n~~r~r~uru~~~~urrr~r~r~n~r~~ur~~n~ 4031140700645954 0210500 1157462 0015000 05 .. N DETACH NERS caasau aaz rria' a~a ~ asua P.a. i o+ i N ua »7!! YOUR ACCOUNT 13 PAST DUE AND OVER 1T8 CREDIT UMR. Plaara pay Nn minimum paynrarK liaoad above done witlr tha awr5mit artFau>Z irnmadiatNy a aaN us at 1.800-280441. as ~_ ... Ae00w1t 8UA11A•eY staarn.nt DaM ~ 1!07!05 CF+adrs a - io.oa a.crl Lirra >f6,0o0.0D Cash Adwrroas + >m.oa AvailaWa Crradt for Certr Advarroas • of 11/07105 =0.00 NEW BIUJtNCE _ =11¢74:62 Tt~asaotlona nn osa osa REINSno. NFwlrsr Awamt Nav 04 Nov 04 LA PAYMENT OW1R(iE 0000 .00 FOR B9JJN01 ERRORS ACID II~WITM~ NFORMATK)N, SEE REVERSE 81DE Avwapa DWy Paradla AFatNN11 % FN15eroa <ieaea DaNy BaWnoa Raa RaM (APR) CMrSaa TaF!ws Standard PFrohasa • Curant Cyoa =9,347.95 .0797%• 29.09%• >j230.96 Tenn A Standard Cash • Cumnt Cyaa >j2;048.77 .0797%' 29.09%• =60.57 Term B AlMIAL PERCENTAQE RATE lhia triNirq oyola: 20.646 `'TfMta rE~as aMrr 115nr. Far 24-Froiw Automabd Aooount Inbrmalion, paaaa oaq 1.800356-0011 or vhat us at www.p~vvMdfEnaom Your aooouttt a laved by WpltNt~oR Yuattd sank, Hatd~rsoR, NV. oI95 NMN0002 r1','11j ~.~~`:'=``s~s rra ~~~ C~/3rr~~. 1ti~:~~;~:~r~~,~.1~rv~r Erin Capital Management, LLC 35 East 21 ~` Street - S`h Floor New York, NY 1(1010 STATEMENT OF TRANSACTIONAL HISTORY William R. Stahl Jr 1446 Holly Pike Carlisle, PA 17013 Minimum Payment Due $12,371.39 Payment Due Date 7/4/2006 Statement Closing Date 7/4/2006 Original Creditor: Providian Account Number: 4031140700645954 Current Creditor: ERIN Capital Management LLC ACCOUNT SUMMARY New Balance $12,371.39 Previous Balance $12,371.39 Payments and Credits 0.00 Purchases and Debits 0.00 Cash Advances 0.00 Finance Charges p_00 TRANSACTIONS DESCRII'TION AMOUNT 7/4/2006Account Purchased by Erin Capital Management $12,371.39 YOUR ACCOUNT IS CURRENTLY PAST DUE AND IS CLOSED TO FURTHER PURCHASES NATI59499 EXHIBIT "C" SHAPIRO LAW OFFICE, P.C. P.O. Box 1050 33 Rock Hilt Road Suite 150 Bala Cynwyd, PA 19004-5050 (610)668-0707 Fax (610) 668-1815 File No. ED244/ NAT159499 May 16, 2007 Providian Account # 4031140700645954 William R. Stahl Jr. 5 Silkwood Lane Carlisle, PA 17015-9397 RE: Erin Capital Management, LLC VS :William R. Stahl Jr. Dear William R. Stahl Jr., Erin Capital Management, LLC as successor in interest to Providian, has retained this firm to collect the debt of $12,371.39 that you now owe to Erin Capital Management, LLC. You should direct all future communications regarding this matter to my attention at'the above address and telephone number. s. The account is overdue. Payment in fu(I is hereby requested. You have not paid the balance due on the account and are in default of your agreement. Please contact this office within thirty (30) days of the date of this letter to make arrangements for payment of the above debt. Monthly payments are acceptable. We only ask that you remember this debt each month when you pay vour other bills. It'we do not hear from you within thirty days, we may proceed with all actions of law, including suit and proceedings in attachment of assets, without further demand. Very truly yours, Gretchen K. Hibbs, Esq. For the Firm UNLESS YOU NOTIFY THIS OFFICE WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THIS DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME THIS DEBT tS VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN 30 DAYS FROM RECEIVING THIS NOTICE, THIS OFFICE WILL: OBTAIN VERIFICATION OF THE DEBT OR OBTAIN A COPY OF A JUDGMENT AND MAIL YOU A COPY OF SUCH JUDGMENT OR VERIFICATION. IF YOU REQUEST THIS OFFICE IN WRITING WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE, THIS OFFICE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. NOTICE: THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAT[NED WILL BE USED FOR THAT PURPOSE. ~xh~l b ;T ~~ ~„ '~+- t'~ n .D -~ ; ~ '. ate. ~ F ~~{ ' ~ ,-' C7 -{ _~ SHAPIRO LAW OFFICE, P.C. BY: Kenneth S. Shapiro, Esq. Identification No. 26850 P.O. Box 1050 33 Rock Hill Road., Suite 150 Bala Cynwyd, PA 19004-5050 610-669-0707 Erin Capital Management, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff VS William Stahl 5 Silkwood Lane Cazlisle, PA 17015-9397 Defendant No. 07-5183 Civil Term PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mazk this case settled, discontinued and ended. r~ . ., ~ ~~ ~, SHERIFF'S RETURN - REGULAR CASE N0: 2007-05183 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIN CAPITAL MANAGEMENT LLC VS STAHL WILLIAM JR KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STAHL WILLIAM JR the DEFENDANT at 1833:00 HOURS, on the 31st day of August 2007 at 5 SILKWOOD LANE CARLISLE, PA 17015-9397 by handing to JENNIFER MORRISON, GIRLFRIEND, ADULT IN CHARGE 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 5.76 Affidavit .00 Surcharge 10.00 .00 a j~rylo~ L~ ~/ 33.76 So Answers: R. Thomas Kline 09/04/2007 SHAPIRO Sworn and Subscibed to By: before me this day of A.D.