HomeMy WebLinkAbout07-6994Leonard A. Sanguedolce, Esquire
Attorney for Plaintiff, CACH, LLC.
Identification No. 204325
Law Offices:
Harrison Ross Byck, Esq., P.C.
15 Public Square, Suite 202
Wilkes-Barre, PA 18701
Phone: (570) 823-0101
Fax: (570) 825-7799
CACV of COLORADO, LLC,
vs.
Plaintiff
KATHLEEN KEARNEY,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
NO. Q Lda,I +cr,,w
NOTICE
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 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, GO TO OR TELEPHONE THE 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.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
800-990-9108
Respectfully submitted,
Leonard A. S n dolce, Esquire
IMPORTANT NOTICE
If this is your first Communication from this office, please be advised of the
following:
Unless, within thirty (30) days after receipt of this notice, you dispute the validity of the
debt, or any portion thereof, the debt will be assumed to be valid by CACV of Colorado, LLC. If
you notify me in writing within the thirty-day period that you dispute the debt, or any portion
thereof, I will obtain verification of the debt or a copy of the judgment against you and a copy of
that verification will be mailed to you. Additionally, if, within the previously described thirty (30)
days, you request in writing the name and address of your original creditor, I will furnish you with
that information if that creditor is different than the current creditor (CACV of Colorado, LLC.).
Please note, that the law does not require me to wait until the end of the thirty-day period
before suing you to collect this debt. If, however, you request proof of the debt or the name and
address of the original creditor within the thirty-day period that begins with your receipt of this
Notice, the law requires me to suspend my efforts (through litigation or otherwise) to collect the
debt until I mail the requested information to you.
Please be guided accordingly.
"This is an attempt to collect a debt and
any information obtained will be used for that purpose."
Leonard A. Sanguedolce, Esquire
Attorney for Plaintiff, CACH, LLC.
Identification No. 204325
Law Offices:
Harrison Ross Byck, Esq., P.C.
15 Public Square, Suite 202
Wilkes-Barre, PA 18701
Phone: (570) 823-0101
Fax: (570) 825-7799
CACV of COLORADO, LLC, IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff :
vs. CIVIL ACTION - LAW
KATHLEEN KEARNEY,
Defendant NO.
COMPLAINT
AND NOW, comes the Plaintiff, CACV OF COLORADO, LLC, by and through its
Attorney, Leonard A. Sanguedolce, Esquire, and files this, its Complaint, against the Defendant,
KATHLEEN KEARNEY, and in support thereof avers as follows:
1. That, the Plaintiff, CACV OF COLORADO, LLC, is a Delaware corporation with
its principal place of business located at 370 17th Street, Suite 5000, Denver, Colorado, 80202.
2. That, the Defendant, KATHLEEN KEARNEY, is an adult and competent
individual who resides at 120 W. Main Street-Apartment 1, Mechanicsburg, Cumberland
County, Pennsylvania 17055.
3. That, on or about May 18, 2004, the Defendant, Kathleen Kerney was indebted
to Chase Manhattan Bank on credit card account number 5179 4599 5003 2062 in the amount
of $2,735.69. A copy of the final statement, kept in the regular course of business is attached
hereto, made a part hereof and labeled Exhibit "A".
4. That, on or about June 1, 2004, Chase Manhattan Bank assigned the above
referenced debt, for good and valuable consideration, to CACV of Colorado, LLC. A copy of
Certificate of Purchase is attached hereto, made a part hereof and labeled Exhibit "B". A copy
of Affidavit of Sale is attached hereto, made a part hereof and labeled Exhibit "C".
5. That, pursuant to the cardholder agreement entered into by the Defendant and
Chase Manhattan Bank, the Plaintiff is entitled to pre-litigation interest of $1.80 per day from the
date of charge-off which is calculated as follows: 24.00% annual percentage rate x $2,735.69
365 days or $1.80 x 600 days, which equals an additional $1,079.29, reimbursement of costs
and reasonable attorneys fees, in the amount of $500.00.
6. That, despite repeated demands by the Plaintiff, Defendant has failed to pay the
sum of $4,314.98 which remains due and owing on the above referenced account.
7. That, the claims raised in the Complaint are subject to an agreement to submit
these claims to arbitration.
WHEREFORE, Plaintiff, CACV OF COLORADO, LLC, prays this Honorable
Court for Judgment in favor of Plaintiff and against Defendant, KATHLEEN KEARNEY, for
$4,314.98, together with costs and interest as each continue to accrue.
Respectfully submitted,
Leonard A. Sang dolce, Esquire
Law Offices:
Harrison Ross Byck, Esq., P.C.
15 Public Square, Suite 202
Wilkes-Barre, PA 18701
(570) 823-0101
Attorney for Plaintiff,
CACV of Colorado, LLC
VERIFICATION
I Jason WillIS , hereby depose and state that:
The language of the foregoing document is that of counsel and not
necessarily my own; however, I have read the foregoing document and
the factual information contained therein is true and correct to the best of
my personal knowledge.
I am the Authorized Representative and a duly authorized representative
of the plaintiff;
The factual allegations set forth in the foregoing pleading are true and
correct to the best of my knowledge, information and belief, and they are
that KATHLEEN N KEARNEY owes the balance of $2,735.69 to CACV of
Colorado, LLC on previously submitted invoices, which balance is due
and unpaid as if the date of the execution of this Verification.
I am aware that if any of the foregoing is willfully false, I am subject to
punishment.
I understand that false statements made herein are subject to the penalties
relating to unsworn falsification to authorities.
By:
Dated:r
Authorized Representative
Page 2 of 2
PAYMENT DUE DATE NEW BALANCE MINIMUM DUE
06/11/2004 40-00 1 $0.00
Jan 1.3 2,001
ACCOUNT NUMBER: 6179 4599 5003 2062
s 4ble
KATHLEEN N KEARNEY who acsimi
APT 3
2827 N 2ND ST
HARRISBURG PA 17110-1254 C 0 p y
C)CHASE
Chase PlaMndnr MaRterCArd'
ACCOUNT NUMBER: 5179 4.5995003 2062
NEW PAYMENT TOTAL TOTAL STATEMENY
BALANCE DUE DATE CREDIT LINE AVAILABLE CREDIT CLOSING DATE
$0.00 0611 tr2OO4 $1,500 $0.00 0511812004
here is your Account zummarv:
TOTAL
Previous Balance $2.735.69
(-) Payments, C 0dlts 1,676.95
(+) Purchases, Cash, Debits 0.00
(+) FINANCE CHARGES 0.q0
(=) New Balance 0.00
Mlnlnwrn Payment Due $0.00
Here are your Charges and Credits at a v1nnrp-
IRAN. POST REF.
DATE DATE No DESCRIPnON OF TRANSA=ONS CREDITS 0
IiARt3E5
0s118 06/18 989Q [C
HARGE OFF ACCOUNT-PRINCIPALS 1
67696
06118
MIS 0611$ 9990 KARGE
OFF ACCOUNT-FINANCE CHARGES- ,
058.74
Here`s bow we determined your Finance Charve*- Tcn of y ih. ,r1MM-_ ?d charges 1.676.95 Poo
NOMINAL
DAILY AVERAGE PERIOOIC/MIN. TOTAL ANNUAL ANNUAL
PERIODIC DAILY FINANCE FINANCE PERCENTAGE PERCENTAGE
RATE BALANCE CHARGE CHARGE RATE RATE
Cash 0,07121% $0.00 $0.00 $0,00 25.99% 00%
0
Purchases 0.07121% $0.00 $0.00 $0.00 25.99%6 .
0,009A
- --- - -' ._. ...'-_...,....._..- o.... - W, P.IW144n6 nuwrilauwi.
Questions about yow account? Ora* Card lost or stolen? Call Chase Customer Servks 24 hours a Day. 7 days a week, toll-free, at 1-800-334-0601
or wrTt4 P.O. BOX 15655. Wllminyton, DE 19686-565,5. Para Servicio W Clients an Espafiol: 1-800-345-0484.
EXHIBIT Pape 1 of 1
CERTIFICATE OF PURCHASE
I, _ Jason VIIIhS J hereby depose and state that:
1. I am an Authorized Agent of CACV of Colorado, LLC, a Colorado
Limited Liability Company.
2. As such, I am authorized to give this Certificate, and possess sufficient
personal knowledge to do so regarding:
Customer Name: KATHLEEN N KEARNEY
Original Creditor: Chase Manhattan Bank
Account Number: 5179459950032062
3. On or about June 1, 2004 this account was issued by the original
creditor. CACV of Colorado, LLC is the current owner of the account
and purchased the account for good and valuable consideration.
Date: ApP
By
Sworn and subscribed to before me this
day of
2007.
1
Notary Public
My Commission Expires:
EXHIBIT
F?K7RISTEEN M. JOHNSON
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 11/03/2010
CHASE CI
AFFIDAVIT OF SALE
STATE OF: MARYLAND
COUNTY OF: FREDERICK
1. I am a Bank Officer of Chase Bank USA, N.A. and am authorized to make this
affidavit on behalf of Chase Bank USA, N.A.
2. KATHLEEN N KEARNEY had a credit card account with Chase Bank USA,
N.A., account number (5179459950032062). The account was sold and
transferred to CACV OF COLORADO, LLC, on or about 05/27/04
3. At the time of the sale to CACV OF COLORADO, LLC, the amount due on the
account pursuant to the terms of the cardholder agreement between Chase Bank
USA, N.A. and KATHLEEN N KEARNEY was $2,735.69
4. Your deponent states that to the best of deponent's knowledge, information and
belief that there was no unaccredited payment, just counterclaims or offsets
against the account when it was sold.
5. Your deponent acknowledges that in making this affidavit that CACV OF
COLORADO, LLC, is now the owner of said account, and authorized to collect,
settle, adjust, compromise and satisfy the same and that Chase B USA, N.A.
has no further interest in said account for any purpose. 7
Chase USA, N.A
By.
L Bertocchini
On JUN 0 5 2001 , 2007 before me personally appeared Bertocchini who being sworn stated he/she was authorized n b half oof Chase Michelle
USA, N.A to execute the within affidavit.
ROBERT AMENT
1111
Notar Public-Maryland
WasXington County
My Commission Expires
March 22, 2011 Notary Public
EXHIBIT
`? II
r.
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2007-06994 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CACV OF COLORADO LLC
VS
KEARNEY KATHLEEN
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
KEARNEY KATHLEEN but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
the within named DEFENDANT , KEARNEY KATHLEEN
120 W MAIN STREET APT 1
MECHANICSBURG. PA 17055
, NOT FOUND , as to
DEFENDANT IS NOT KNOWN AT GIVEN ADDRESS.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
/2/20/d
So answer
18.00
9.60
5.00 R. Thomas Kline
10.00 Sheriff of Cumberland County
.00
42.60 JOHN P RODGERS
12/14/2007
Sworn and Subscribed to before
me this day of
A. D.
FROM FAX NO. : Dec. 14 2007 12:33PM P1
CUmbertand Co. Sheriff No. 9196 P. 1
Dec. 11. 2001 9•.12AM
e Ito
4a '
R. THOMA$ KLINE RONNY R. ANDERSON
ShWK i Chief Deputy
EDWARD L SCHORPP JODY S. Sm"
sow OFFICE OF THE SHERIFF Real Estate $enpeant
One Courthouse Square
Carlisle, Pennsylvania 17013
To: P° t Agency Co o. C)7 - 4
4
Address Inforwtfon "nest
Please filmish tIds agmwy with the new address, if available, for the following individual orversfy whodw
the address given below is one at which atul for this individual is currently bcintg, delivered. if the
following address is ! post office box, please famish the street address as recorded on the box holder's
application form.
Nine: rs %r L?Ot ,?ee-!/•x/
Last Known Address: Q /Zi(? % d 1
i certify the address it?ortnatiou for this individual is required for the pesf'ormance of this agency"s offiow
duties,
(Signs o t3enCY Official)
(Title) -'
For Post office use Only
O Mail is delivered to address given. Now Address
>*,Dt Known at wry Given.
() Moved, left No Fotwarding Address
() No Such Address
() Other (Specify) Box holders' Strrct Address
Agency Return Address' Pos hnaWDate Stamp'
Pleast fax results-to•tho Cnntberland County Shcrurs Office, Ngmber (711) 240-6397 C%la" Address Information Request (Required format) Exiu'l+lt 352,44'b N
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