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HomeMy WebLinkAbout08-2879IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERFORMANCE CAPITAL MANAGEMENT, LLC Plaintiff vs. DANIEL R ALLEN - AKA DANIEL ALLEN Defendant No. 08 _ a$ 7 01" ??C ee,&n COMPLAINT IN CIVIL ACTION 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#06571930 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERFORMANCE CAPITAL MANAGEMENT, LLC Plaintiff vs. DANIEL R ALLEN - AKA DANIEL ALLEN Defendant Civil Action No. 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. it YUU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY I PROVIDE YOU WITH INFORMATION ON AGENICES THAT MAY OFFER LEGAL S 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 is a corporation having offices in 7001 VILLAGE DR, STE 255, BUENA PARK, CA 90621-0000. 2. Defendant is an adult individual residing at 55 VICTORY CHURCH RD, GARDNERS,P.A 17324. 3. On or about 9/12/04, Defendant executed a CONTRACT (hereinafter the "Contract") in favor of Plaintiff, a true and correct copy of said Contract is attached hereto, marked as Exhibit "1" and made a part hereof. 4. 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. 5. Plaintiff avers that a. balance of $2,327.14 is due from Defendant as of APRIL 16, 2008. 6. Plaintiff is entitled to interest at the rate of 00.00% per annum. 7. Plaintiff avers that the Contract between the parties provides that Defendant will pay Plaintiffs reasonable attorneys' fees. 8. Plaintiff avers that such attorneys' fees amount to $300.00. 9. 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, DANIEL R ALLEN, individually, in the amount of $2,327.14 with continuing interest thereon at the rate of 00.00% per annum from APRIL 16, 2008, plus attorneys' fees of $300.00 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. JAMES PA I.D. WEL 14;5& 43 Se ARMBRODT, Esquire AN, WEINBERG & REIS CO., L.P.A. rs Building Avenue A 15219 34-7955 06571930 .PCM Performance Capital Management August 13, 2004 Daniel R Allen 55 Victory Church Road Gardners PA 17324 AS1034?f qq? ?bVbbBV Account Holder: Daniel R Allen PCM Account: 1509660 original Creditor: GE CAPITAL L8TC049 I THE HOME DEPOT Original Account: CG7F92000263332 Current Balance: $ 3,900.75 222 South Harbor Blvd Suite 400 Anaheim, CA 92805 Phone: 877-694-4959 Fax: 800-427-9853 As consideration for resolving the above referenced account Performance C ( is prepared to re-write the terms of the above account. PCM is willing to a cept4-6? s a down C PCM) payment and allow the remaining balance of.$ 4?to be paid in 47 monthly installments of 9W $ 61.26 with zero interest. The down payment of $ 61.26 is due on or before August 31, 2004. 211-16 PCM shall provide you with monthly courtesy statements setting out the monthly payment convenience. Payments under this contract shall not be conditioned on receipt of a courtesy statement. Payments shall continue on the 15th day of the month following the signing of this agreement. The tradeline reported by PCM, if any, on the re-written account will be updated accordingly to the major credit reporting agencies. Should the undersigned default on the terms herein the total remaining amount of the re-written balance only shall become immediately due and payable. An account shall be in default if any one payment is more than 30 days past due. Should suit become necessary to enforce the terms of this agreement, PCM shall be entitled to any and all reasonable attorney fees and cost as allowed by law. I have read, understand and agree to the terms and conditions set forth herein, I understand that this agreement is a resolution of an existing debt and not an application for credit or refinancing of an existing debt. Home Phone: (Required) Date: Work Phone: 717--D-q4- 60 E? This communication is from a Debt Collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. EXHIBIT 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 Re Wd R • Be ame) Sr. Attsah''ym' of r _ CA i , plaintiff herein, that (Title) (Compa y) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR#06571930 w SHERIFF'S RETURN - REGULAR CASE NO: 2008-02879 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERFORMANCE CAPITAL MANAGEMENT VS ALLEN DANIEL R ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ALLEN DANIEL R AKA DANIEL ALLEN the DEFENDANT , at 1911:00 HOURS, on the 9th day of May , 2008 at 55 VICTORY CHURCH RD GARDNERS, PA 17324 by handing to 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 Affidavit Surcharge 18.00 10.00 .00 10.00 .00 38.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 05/12/2008 WELTMAN WEINBERG REIS By: Deputy Sheriff of A. D. ?t?`of ?a,?lcc ?P?`?? mc?r?c??t?rC ?-L_C N'e Og-- 0287 `j C.fi 1 7-ctnn n K-M Defense Own ? t ? I l.? I. Objection to Exhibit "1", Alterations where made after signing invalidating said contract. 2. I move for dismissal of this claim due to invalid contract. 1 I Request this debt be removed from all credit reporting agencies within 30 days. WHEREFORE, I (Defendant) request dismissal of this civil action, and also the said debt. Daniel R Allen 55 Victory Church Rd Gardners, PA 17324 ? +la y µ? ` a?r^ pg ? P V :? [r-T+l 4i aw.y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERFORMANCE CAPITAL MANAGEMENT, LLC, Plaintiff, vs. DANIEL R ALLEN-AKA DANIEL ALLEN, Defendant. Case No.: 08-2879 CIVIL TERM MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler, Esquire Pa. I.D.# 93598 Weltman, Weinberg & Reis, Co. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6571930 U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERFORMANCE CAPITAL MANAGEMENT, LLC, Plaintiff, Case No.: 08-2879 CIVIL TERM vs. MOTION FOR SUMMARY JUDGMENT DANIEL R ALLEN-AKA DANIEL ALLEN, Defendant. MOTION FOR SUMMARY JUDGMENT AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Motion for Summary Judgment against the Defendant. In support thereof, Plaintiff avers as follows: 1. Plaintiff filed a Complaint against Defendant seeking judgment in the amount of $2,327.14 with interest at the interest rate of 6% per annum from Date of Judgment, Attorneys Fees, and costs. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. Attached to the Complaint was Verification from an authorized representative of Plaintiff verifying the accuracy of the amount sought. See Exhibit "A". 3. Defendant filed an Answer to Plaintiffs Complaint. A true and correct copy of the Answer is attached hereto as Exhibit "B" and made a part hereof. 4. On or around July 14 2009, Plaintiff served upon Defendant a set of requests for admissions and requests for production of documents. A true and correct copy of the same is attached hereto as Exhibit "C" and made a part hereof. 5. No response to the discovery demands has been received from the Defendant. 6. The requests for admissions are now deemed admitted under Pennsylvania Rule of Civil Procedure 4014(b). Thus Defendant has admitted that he has made no payment on the account since June 28 2005; that he signed the contract; that the payment history printout attached to Plaintiffs Discovery WWR No. 6571930 Request correctly identify the payments made on the account; that he has not submitted any written disputes as to billing inaccuracies; and that $2,237.14 is a correct and accurate balance on the account. 7. By way of his Answer, the documents attached to this Motion, and the Requests for Admissions, deemed admitted under Pa.R.C.P. 4014(b), the Defendant has admitted all facts material to this matter and verified the amount owed. 8. There are no meritorious defenses against this action and Plaintiff is entitled to summary judgment as a matter of Law against defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant summary judgment in favor of Plaintiff and against Defendant for $2,327.14 with interest at the legal interest rate of 6% per annum from Date of Judgment, Attorneys Fees, and costs. Respectfully Submitted: By: in R. ibler, squire Beni Pa. . D.# 98 Weltman, einberg & Reis, Co. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6571930 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERFORMANCE CAPITAL MANAGEMENT, LLC Plaintiff vs. DANIEL R ALLEN - AKA DANIEL ALLEN Defendant No. COMPLAINT IN CIVIL ACTION 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#06571930 EXAHIBIT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERFORMANCE CAPITAL MANAGEMENT, LLC Plaintiff VS. DANIEL R ALLEN - AKA DANIEL ALLEN Defendant Civil Action No. 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENICES 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 is a corporation having offices in 7001 VILLAGE DR, STE 255, BUENA PARK, CA 90621-0000. 2. Defendant is an adult individual residing at 55 VICTORY CHURCH RD, GARDNERS,PA 17324. 3. On or about 9/12/04, Defendant executed a CONTRACT (hereinafter the "Contract") in favor of Plaintiff, a true and correct copy of said Contract is attached hereto, marked as Exhibit "1" and made a part hereof. 4. 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. 5. Plaintiff avers that a balance of $2,327.14 is due from Defendant as of APRIL 16, 2008. 6. Plaintiff is entitled to interest at the rate of 00.00% per annum. 7. Plaintiff avers that the Contract between the parties provides that Defendant will pay Plaintiffs reasonable attorneys' fees. 8. Plaintiff avers that such attorneys' fees amount to $300.00. 9. 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, DANIEL R ALLEN, individually, in the amount of $2,327.14 with continuing interest thereon at the rate of 00.00% per annum from APRIL 16, 2008, plus attorneys' fees of $300.00 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. JAMES ARMBRODT, Esquire PA I.D. 2 24 WEL , WEINBERG & REIS CO., L.P.A. 140 opp rs Building 43 Seve Avenue P ttsb , PA 15219 412) 34-7955 06571930 PCM Performance Capital Management August 13, 2004 Daniel R Allen 55 Victory Church Road Gardners PA 17324 Asb10y544 I?V?gV Account Holder: Daniel R Allen PCM Account: 1509660 Qdjinal Creditor: GE CAPITAL L8TC049 / THE HOME DEPOT Original Account: CG7F92000263332 Current Balance: $ 3,900.75 222 South Harbor Blvd Suite 400 Anaheim, CA 92805 Phone. 877-694-4959 Fax: 800-427-9853 As consideration for resolving the above referenced account, Performance Capital Management, LLC (PCM) is prepared to re-write the terms of the above account. PCM is willing to accept$*+-. as a down payment and allow the remaining balance of 479-2-2-to be paid in 47 monthly installments of 9Vq $ 61.26 with zero interest. The down payment of $ 61.26 is due on or before August 31, 2004. l 11 .16 PCM shall provide you with monthly courtesy statements setting out the monthly payment for your O 'T convenience. Payments under this contract shall not be conditioned on receipt of a courtesy statement. Payments shall continue on the 15th day of the month following the signing of this agreement. The tradeline reported by PCM, if any, on the re-written account will be updated accordingly to the major credit reporting agencies. Should the undersigned default on the terms herein the total remaining amount of the re-written balance only shall become immediately due and payable. An account shall be in default if any one payment is more than 30 days past due. Should suit become necessary to enforce the terms of this agreement, PCM shall be entitled to any and all reasonable attorney fees and cost as allowed by law. I have read, understand and agree to the terms and conditions set forth herein, I understand that this agreement is a resolution of an existing debt and not an application for credit or refmancing of an existing debt. Home Phone:'17--/64 a? (Required) Date: 4 h a Lotz Work Phone: -717 .W4 - (5QE? This communication is from a Debt Collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. EXHIBIT 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 /"re d R • Bev (tr ?r&Z &ILALW COLD Sr . / 10 ktvt of i ,plaintiff herein, that (Title) (Comp y) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. A"'r g. (Signature) WWR#06571930 ?< ofmo,ncc ?,p,=l'a '' fclllc?gcr LL?C 'V G (0 T- a879 Grp I T-cr PI ?;Jp? r?1 Vs (DC, J L 1 R A) ?cn - A K1 Defense 1. Objection to Exhibit "1", Alterations where made after signing invalidating said contract. 2. 1 move for dismissal of this claim due to invalid contract. 3. I Request this debt be removed from all credit reporting agencies within 30 days. WHEREFORE, I (Defendant) request dismissal of this civil action, and also the said debt. Daniel R Allen 55 Victory Church Rd Gardners, PA 17324 EXHIBIT C'7 ?v C m rr1 `-CI - '7 W _? n ?} G -i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PERFORMANCE CAPITAL MANAGEMENT, LLC, Plaintiff, V. DANIEL R ALLEN, AKA DANIEL ALLEN Defendant. CASE NO: 08-2879-CIVIL TERM PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff demands that the defendants answer and respond to the following Request for Production of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedure within 30 days from the date of service hereof. Plaintiff also demands that defendants answer and respond to the following Request for Admissions pursuant to Pa. Rules of Civil Procedure 4014. You are requested to admit the truth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director to d o or the like, then you are requested to answer separately in each such capaciIRInyll'Bly constitutes an admission in any such capacity. C. 7. In these Requests for Admissions: A. The word "person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "document(s)" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity" "identify" "identification", when used with respect to a erson s means to state the full name and present or last known address and business address of such person(s) and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity" "identify" "identification" when used with respect to a date, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each person who have possession, custody, and control of said document(s). If any such document was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify" , when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identi each and every person(s) participating in such an act; (3) identify all other person(s) (if any) present when such act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identify the person(s) presently having possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 9. These requests are of a continuous nature. These Requests for Production of Documents shall be deemed continuing so as to require supplemental answers and documents if any information of documents are acquired subsequent to the filing of responses hereto, which information or documents would have been included in the answers and documents produced had it been known or available at the time the answers and the documents provided pursuant hereto were produced. Defendants shall supply such information and documents by supplemental answers and production of documents as soon as such information becomes known or available and in all events, prior to trial of this action. If objection is made to any requests for production-of documents, it is demanded that-the requests for which there is no objection be answered and furnished within the aforesaid period. All documents identified in response hereto shall be organized and labeled to correspond with the request to which it pertains. For all documents produced, list the individual and his or her job title and department from whose files it was produced and the current custodian of said document. If a document called for is believed to exist or is known to exist, but is in the possession, custody or control of another person or party, the existence of the document, the identity of the possessor, custodian and one in control of such documents shall be provided along with any applicable common description or citation utilized by the publisher, possessor, custodian or disseminator of such document. If any document called for by this request is withheld on the basis of any claim of privilege or any similar claim, identify that document as follows: author; addressee; indicated or blind copies, date, subject matter, number of pages; attachments or appendices; all persons to whom distributed, shown or explained; present custodian; and nature of the privilege or similar claim asserted. REQUEST FOR PRODUCTION OF DOCUMENTS 1: List all payments on the subject Contract referenced in the Complaint and produce any and all documents evidencing proof of those payments, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records, data compilations etc. REQUEST FOR PRODUCTION OF DOCUMENTS 2: Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial. REQUEST FOR ADMISSION NO. 1: Defendant is in default of the Contract for failing to make monthly payments. Admitted Denied If the answer to Request for Admissions No. 1 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 2: Defendant has not submitted any written dispute as to any accounting inaccuracy concerning payments on the Contract. Admitted Denied If the answer to the Request for Admissions No. 2 is "denied", then supply copies of specific written disputes as to any billing inaccuracies. REQUEST FOR ADMISSION NO. 3: Defendant signed the Contract attached as Exhibit "A". Admitted Denied If the answer to the Request for Admissions No. 3 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 4: The attached Payment History Printout for defendant's account reflects all payments made on the account. Admitted Denied If the answer to Request for Admissions No. 4 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 5: The last payment on the account was made on June 28, 2005. Admitted Denied If the answer to the Request for Admissions No. 5 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 6: $2,327.14 is a correct and accurate current balance of the account in question. Admitted Denied If the answer to Request for Admissions No. 6 is "denied", then supply specific written documentation supporting the denial end ibler, Esquire Pa. I.D. #93598 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR:6571930 DEFENDANT'S VERIFICATION 1, , (please print) under penalty of perjury and subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities verify that the foregoing Responses are true and correct to the best of my knowledge, information and belief. Date Signature PCA4 Performance Capital Management August 13, 2004 1034V XS10 222 South Harbor Blvd Suite 400 Anaheim, CA 92805 Phone: 877-694-4959 Fax: 800-427-9853 Daniel R Allen 55 Victory Church Road Gardners PA 17324 Account Holder: Daniel R Allen PCM Account: 1509660 :06jinal Creditor: GE CAPITAL L8TC049 / THE HOME DEPOT Original Account: CG7F92000263332 Current Balance: $ 3,900.75 As consideration for resolving the above referenced account, Performance Capital Management, LLC (PCM) is prepared to re-write the terms of the above account. PCM. is willing to accept a down payment and allow the remaining balance of4- 2'to be paid in 47 monthly installments of $ 61.26 with zero interest. The down payment of $ 61.26 is due on or before August 31, 2004. h? ?'? q b PCM shall provide you with monthly courtesy statements setting out the monthly payment for your O t convenience. Payments under this contract shall not be conditioned on receipt of a courtesy statement. Payments shall continue on the 15th day of the month following the signing of this agreement. The tradeline reported by PCM, if any, on the re-written account will be updated accordingly to the major credit reporting agencies. Should the undersigned default on the terms herein the total remaining amount of the re-written balance only shall become immediately due and payable. An account shall be in default if any one payment is more than 30 days past due. Should suit become necessary to enforce the terms of this agreement, PCM shall be entitled to any and all reasonable attorney fees and cost as allowed by law. I have read, understand and agree to the terms and conditions set forth herein, I understand that this agreement is a resolution of an existing debt and not an application for credit or refinancing of an existing debt. Signed, Home Phone:7? (Required) Date: g?l a ?Oy Work Phone: 717---qq4- tom? E---)- This communication is from a Debt Collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. DEBTOR ACCOUNT HISTORY CONTINUED - SINGLE ACCOUNT: ALLEN , DANIEL R FEB 4, 2008 ---------- ------------------- ACCOUNT #: 1509660 -------------------- CLIENT DEBTOR ------------------------------- CG7F92000263332 --------------- TYPE OF ACCOUNT: 1 CLIENT NAME: GE CAPITAL - PCM PURCHASED FORWARDED (BY/TO): FORWARDED FOR: FOR: REM: THE HOME DEPOT COLLECTOR #:CR CLIENT NO. : 0946 DOCUMENT CODE (1-9): 0 INTEREST FM(R/S/J): S INTERE ST 10 LAST LETTER: WBL LABEL/CARD: N NEW BUSINESS: Y DATE OF REFERRAL: 030704 CREDIT FLAG: F BULLETIN CODE: 00 DATE OF SERVICE: 081401 CLERK CODE: 99 STATUS CODE: RIF DATE OF LAST PAYMENT: 092304 RATE: 100 S/L NUMBER: 00 JACK DATE: 010208 AMOUNT REFERRED: $ 3000.58 PRINCIPAL BALANCE: $ 0.00 ACCUMULATED INTEREST: $ 0.00 OTHER CHARGES: $ 0.00 COURT COSTS: $ 0.00 ATTORNEY FEES: $ 0.00 OTHER: $ 0.00 INTEREST: $ 0.00 ACC'T BAL: $ 0.00 PAYMENT TRANSACTION HISTORY 'YPE DATE PAYMENT PAID ON PAID ON PAID ON PAID ON PAID ON PAID ON AMOUNT PRINCIPAL INTEREST OTHER CHGS COURT COST ATTY FEES OTHER ------- 0 100604 3811.94 ---- ------------------- 2878.06 933.88 ---- 0.00 0.00 0.00 0.00 'H 92304 122.52 122.52 0.00 0.00 0.00 0.00 0.00 kCCOUNT TOTALS 122.52 122.52 0.00 0.00 0.00 0.00 0.00 RAND TOTALS 122.52 122.52 0.00 0.00 0.00 0.00 0.00 DEBTOR ACCOUNT HISTORY CONTINUED - SINGLE ACCOUNT: ALLEN , DANIEL R FEB 4, 2008 ACCOUNT #: 1646684 CLIENT-DEBTOR-#: 1509660 TYPE OF ACCOUNT: 7 CLIENT NAME: ** RW GE CAPITAL R8TC049 FORWARDED (BY/TO): FOR: T561 FORWARDED FOR: REM: COLLECTOR #:PF CLIENT NO. : 0948 LAST LETTER: 002 DOCUMENT CODE (1-9): 0 INTEREST FM(R/S/J): S INTEREST 0 LABEL/CARD: N NEW BUSINESS: N DATE OF REFERRAL: 100604 CREDIT FLAG: D BULLETIN CODE: 00 DATE OF SERVICE: 100604 CLERK CODE: 98 STATUS CODE: LFW DATE OF LAST PAYMENT: 062805 RATE: 100 S/L NUMBER: 00 JACK DATE: 022908 AMOUNT REFER RED: $ 2817.96 PRINCIPAL BA LANCE: $ 2327.14 ACCUMULATED INTEREST: $ 0.00 OTHER CHARGE S: $ 0.00 COURT COSTS: $ 0.00 ATTORNEY FEE S: $ 0.00 OTHER: $ 0.00 INTEREST: $ 0.00 ACC'T BAL: $ 2327.14 PAYMENT TRANSACTION HISTORY YPE DATE PAYMENT PAID ON PAID ON PAID ON PAID ON PAID ON PAID ON AMOUNT PRINCIPAL INTEREST OTHER CHGS COURT COST ATTY - - ----- - FEES - -- - - OTHER - ----- -- H ------------- 62805 ----------- 61.26 -- -------------- 61.26 ------ 0.00 ------------- 0.00 ------- - - - 0.00 - - - 0.00 -- 0.00 H 52505 61.26 61.26 0.00 0.00 0.00 0.00 0.00 H 51705 62.00 62.00 0.00 0.00 0.00 0.00 0.00 H 32105 61.26 61.26 0.00 0.00 0.00 0.00 0.00 H 22205 61.26 61.26 0.00 0.00 0.00 0.00 0.00 H 11905 61.26 61.26 0.00 0.00 0.00 0.00 0.00 H 122104 61.26 61.26 0.00 0.00 0.00 0.00 0.00 C 112604 61.26 61.26 0.00 0.00 0.00 0.00 0.00 CCOUNT TOTALS 490.82 490.82 0.00 0.00 0.00 0.00 0.00 RA ND TOTALS 490.82 490.82 0.00 0.00 0.00 0.00 0.00 CERTIFICATE OF SERVICE A true and correct copy of Plaintiff's First Request for Production of Documents and Request for Admissions has been served by U.S. Mail, on the day of Ch A 1 , 4- 2008, upon the following: Daniel R Allen 55 Victory Church Rd Gardners, Pa 17324 By: CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiffs Motion for Summary Judgment has been served by U.S. Mail, Postage Pre-Paid, on / `S*day of , 2009 upon the following: Daniel R Allen 55 Victory Church Rd Gardners Pa 17324 By: ?zz?_ Be j . Bibler, Esquire Pa. I. 3598 Weltman, Weinberg & Reis, Co. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6571930 OF TIKE i 1 1... f 2G0 9 S L P -3 F11 2: 0:3 r PRAECIPE FOR LISTING CASE FOR ARGUMENT (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 not be stated in full) perPoy-mna-??'CAp\VGI Moro J ( Plaintiff ) VS. Danje1 -)z fallen-flk.?} a,n12\ Al?? 1. State matter to be argued (i.e., detainer to complaint, etc.) : (Defendant) No. QS - 9 S Civil Imo' it plaintiff's motion for new trial, defendant's ep\av.n?Af f's Vtia?lcyo -fir 2. Identify counsel who will argue case (a) for plaintiff: nja-rn?n Address: (b) for defendant: Address: l1 Weltman, Weinbe g B Reis CO. 1400 Koppers CS? . 436 7t Ave. 5219 Pittsburgh, (412) 434-7955 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: ' ?lI I L 1 CERTIFICATE OF SERVICE A true and correct copy of the Praecipe to List Case for Argument has been served by U.S. Mail, Postage Pre-Paid, on day of M)V,4 09 upon the following: Daniel R Allen 55 Victory Church Rd Gardners PA 17324 By: -pool Benjamin bier, PA ID# 9 8 -489 Weltman,Weinberg & Reis CO L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 4LED- THE M;; -' "",,,'?, + y 2009 SEP --3 PM 2: O A. -On IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERFORMANCE CAPITAL MANAGEMENT, LLC, Plaintiff, Case No.: 08-2879 CIVIL TERM Vs. DANIEL R ALLEN-AKA DANIEL ALLEN, Defendant. ORDER OF COURT AND NOW, to-wit, this 1 4 day of _ oci , 2009, upon Plaintiff's Motion for Summary Judgment, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said Motion is GRANTED and Judgment is entered in favor of Plaintiff for $2,327.14 with interest at the rate of 6% per annum from Date of Judgment, Attorneys Fees of $300.00, plus costs. J. WWR No. 6571930 RV I U rnrTDr A Copies to: '' 13enjamin R. Bibler Es q. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 /Attorney for Plaintiff ? Daniel R. Allen 55 Victory Church Road Gardners, PA 17324 Defendant, pro Se 1..'0 l ES m.:3 t LCCL P R `f i-• 2049 OC 16 PI1 1 4 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERFORMANCE CAPITAL MANAGEMENT, LLC Plaintiff vs. DANIEL R ALLEN-AKA DANIEL ALLEN Defendants. Case No.: 08-2879 CIVIL TERM TYPE OF PLEADING PRAECIPE FOR JUDGMENT PER ORDER OF COURT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6571930 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERFORMANCE CAPITAL MANAGEMENT, LLC Plaintiff vs. DANIEL R ALLEN-AKA DANIEL ALLEN Defendant. TO THE PROTHONOTARY: Case No.: 08-2879 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 October 14 2009, kindly enter Judgment against the Defendants, Daniel R Allen, in the amount of $2,627.14 computed as follows: Amount Awarded per Order: $2,327.14 Interest from Date of Judgment at the legal rate of 6% per annum: Attorneys Fees $300.00 TOTAL: $2,627.14 Attached is a copy of the Court Order in favor of Plaintiff for Judgment. WELTMAN, WEINBERG & REIS, CO., L.P.A. By: Benjamin R Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Plaintiff's address is: Weltman, Weinberg & Reis, 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And Defendant's address is: 55 Victory Church Rd Gardners Pa 17324 WWR No. 6571930 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERFORMANCE CAPITAL MANAGEMENT, LLC Plaintiff Case No.: 08-2879 CIVIL TERM vs. DANIEL R ALLEN-AKA DANIEL ALLEN 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 f \j . gyp, ??? . (xx) Assumpsit Judgment in the amount of $2,627.14, 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 Daniel R Allen 55 Victory Church Rd Gardners Pa 17324 By: PR T ONOTARY WWR No. 6571930 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERFORMANCE CAPITAL MANAGEMENT, LLC, Plaintiff, Vs. DANIEL R ALLEN-AKA DANIEL ALLEN, Defendant. Case No.: 08-2879 CIVIL TERM ORDER OF COURT AND NOW, to-wit, this day of 2009, upon Plaintiff's Motion for Summary Judgment, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said Motion is GRANTED and Judgment is entered in favor of Plaintiff for $2,327.14 with interest at the rate of 6% per annum from Date of Judgment, Attorneys Fees of $300.00, plus costs. J. s my %'ai" WWR No. 6571930 Dv 'r=, f+nr TD 'r Copies to: Be amin R. Bibler, Esq. 00 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Attorney for Plaintiff Daniel R. Allen 55 Victory Church Road Gardners, PA 17324 Defendant, pro Se FILED-C)'-F ICf i ' 2009 POD' 20 PIA 3: 4,O , '#Lk