Loading...
HomeMy WebLinkAbout09-448711 2062135 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 COLORADO CAPITAL INVESTMENTS, INC. AS ASSIGNEE OF WASHINGTON MUTUAL BANK 409 NORTH MAIN WEATHERFORD, TX 76086 Vs. DENNIS E HIGHLANDS 195 THOMPSON HOLLOW RD SHIPPENSBURG PA 17257-9475 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : eq_ ggg7 CtV; le -0, 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 JUDGEMENT 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 BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL-ACTION 1. Plaintiff is a debt buyer and successor in interest to the original creditor as set forth in the caption of this Complaint. 2. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the original creditor under the terms of which the original creditor agreed to extend to defendant(s)the use of original creditor's credit facilities. 3. Defendant (s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the original creditor for the use of said credit card. 4. The defendant (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the original creditor. A true and correct copy of the Statement of Account, if available, is attached hereto as Exhibit "A". 5. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due as of June 24, 2009 in the amount of $5,051.07. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant's last payment on account was made on 02/12/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $5,051.07 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I WE NBERG, ESQUIRE JOEL M. FL , ESQUIRE Attorney for Plaintiff P01A.DB 2062135 504983 COLORADO CAPITAL INVESTMENTS, INC. AS ASSIGNEE OF WASHINGTON MUTUAL BANK DENNIS E HIGHLANDS 4185861606037632 VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. NAME c 2309 2062135 504983 COLORADO CAPITAL INVESTMENTS, INC. AS ASSIGNEE OF WASHINGTON MUTUAL BANK DENNIS E HIGHLANDS 4185861606037632 ?p AFFIDAVIT It- being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. There is now due and owing from defendant to plaintiff, the amount of $4,838.70 plus interest of $194.87 at the rate of 6% less credits in the amount of $.00 totaling $5,033.57 as of June 2, 2009. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the bes of my knowledge, information and belief. AFFIANT Sworn to and Subscribed before me this day of Q --a? 2009 Notary Public `?dp?PRY N?B????? KATE BEESON "g Notary Public, State of Texas @ My Commission Expires ifth;, December 18, 2012 ?hFl k%"` 0 HLE Ole: „ OF THI (.' '? T v M 2009 JUL --6 Pill 2: L 6 _;IVE $ ` % . 5o PO A-My CY,V 8s 135 R.T* aa7(,o3y Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Colorado Capital Investment, Inc. vs. Dennis E. Highlands orl : E =z --E »-ERiFF Case Number 2009-4487 SHERIFF'S RETURN OF SERVICE 07/10/2009 07:27 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2009 at 1927 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dennis E. Highlands, by making known unto himself personally, defendant at 195 Thompson Hollow Road Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $46.00 July 13, 2009 F; J r! `: i? SO ANSWERS, R THOMAS KLINE, SHERIFF Depu Sheriff .1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLORADO CAPITAL INVESTMENTS, INC., Plaintiff, VS. : No. 09-4487 DENNIS E. HIGHLANDS, .. Civil Term Defendant. ANSWER For his answer to the above-captioned Complaint, Defendant, Dennis E. Highlands, states the following: 1. Denied. Defendant is without sufficient knowledge to admit or deny the allegations contained in Paragraph 1 of the Complaint. 2. Denied in part. The Complaint fails to state a time period it alleges that Defendant held and used the card and no accounting is attached indicating what Plaintiff alleges are the relevant times and indicating any basis for the charges alleged to be the amount owed. Strict proof is demanded at trial. 3. Denied in part. The terms and conditions that the Plaintiff alleges attached to the card are not attached to the Complaint. Defendant is unable to admit or deny this allegation because he does not know exactly what conditions Plaintiff alleges attached to the card at the time of use. 4. Denied in part. Plaintiff has failed to attach Exhibit "A" so Plaintiff does not have enough information to admit or deny the Allegations contained in Paragraph 4 of the Complaint. 5. Denied in part. Plaintiff has failed to attach :Exhibit "A" to the Complaint which allegedly states the basis of the calculation of the amount demanded in the Complaint.. Without this exhibit, Defendant does not have enough information to admit or deny the allegation as to the amount of the alleged debt. 6. Denied. The Complaint fails to identify the account in the Complaint or by Exhibit. Therefore, Defendant does not have sufficient Information to admit or deny the allegations contained in Paragraph 6 of the Complaint. 7. Admitted in part. It is admitted that Defendant made a payment on a credit card believed to be the subject of this Complaint. However, the account has not been identified in the Complaint or by Exhibit. Accordingly, Defendant is unable to admit or deny the Allegations contained in the Complaint. WHEREFORE, Defendant request this Honorable Court to dismiss the Complaint in the above matter. Sincerely, Defendant VERIFICATION I hereby state that the facts set forth in this Answer are true and correct to the best of my knowledge, information and belief. I realize that I am making this statement subject penalties contained in 18 Pa. C.S. 4904 for providing false statemets. Defendant RL _- ; ??? U, OF ;O??'RY 2GG9 JUL 28 Ail 11 ? 51 L}r ? 1; t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLORADO CAPITAL INVESTMENTS, INC., Plaintiff, VS. : No. 09-4487 DENNIS E. HIGHLANDS, : Civil Term Defendant Certificate of Service I certify that I sent a copy of the Answer to my Dept Settlement Company by first class US mail, postage prepaid on July 27, 2009 Mailing address: State Capital Financial, Inc. 1920 E. Hallandale Beach Blvd., STE 806 Hallandale Beach, Florida 33009 Office: 954-549-2380 Toll Free: 866-424-2589 Fax: 954-416-6578 www.StateCapitalFinancial.com alexandery@statecapitalfinancial.com 10T. ARY 2009 -JUL 31 " a 9: 4 9 CUIVb: ;i J ,.