HomeMy WebLinkAbout10-0880FACE
OF THE
2010 f EB -3 N 2: 17
M
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
RESURGENT CAPITAL SERVICES LP
Plaintiff
vs.
DANIEL NAUGLE
Defendant
No. to - f'$D 0-ivil terw?
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#6128514
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
RESURGENT CAPITAL SERVICES LP
Plaintiff
VS.
DANIEL NAUGLE
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
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT
1. Plaintiff is a corporation with offices in 15 South Main Street, Greenville SC 29601.
2. Defendant is an adult individual residing at 178 Shippensburg Mobile, Shippensburg Pa
17257.
3. Defendant applied for and received a credit card issued by Sears bearing the account
number 5121071806359646.
4. Defendant made use of said credit card and has currently a balance due and owing to
Plaintiff, as of May 18, 2007, in the amount of $4774.31. A true and correct copy of Plaintiff s Statement
of Account is attached hereto, marked as Exhibit "1" and made a part hereof.
5. Said Account was subsequently assigned to Plaintiff.
6. Defendant is in default of the terms of the cardholder Agreement having not made monthly
payments to Plaintiff thereby rendering the entire balance immediately due and payable.
7. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is
entitled to the addition of finance charges at the rate of 6.0% per annum on the unpaid balance.
8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or
refused to pay the principal balance, finance charges or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Daniel Naugle
individually, in the amount of $4774.31 with continuing finance charges thereon at the rate of 6.0% per
annum from May 18, 2007 plus 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.
William T. Molcz , Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 1521.9
(412) 434-7955
WWR#:6128514
Sears Gold MasterCard° Call us at 1-800-896-8488
• Go to www.ssarscard.oom
Write to us at PO Box 8922 The Lakes, NV 8890 4MM
DANIEL NAUGLE
Payment Due Date
Account Number: 5121 0718 0635 9646
Page 1 of 1 06/15/07
Your Account Summary
Billing Cycle Closing Date 05/18107 Manage your account online-it's FREE
Amount Over Credit Line
Amount Past Due $454.31
$1,140.65
Pay your bill-track purchases ... set email alerts...
Current Minimum Due $210.05 even request a credit line increase-do it all online at
'
Total Minimum Due $1,805.01 SearsCard.com. It
s a great way to stay on top of your
account.
Previous Balance $4,577.26 Register today at SeemCard.com.
Payments & Credits $0.00 It's free, and you won't believe how
Purchases $ Debits $0.00 much time you can save. See for
Other Charges $74.00 yourself at SearsCard.com.
FINANCE CHARGES $123.05
Account Balance $4,774.31
Your Credit Summary
Total Credit Line $4,320.00
Available Credit Line $0.00
Cash Access Line $864.00
Available Cash $0.00
Activity Sale Date Post Date Description Amount
05/18/07 05118/07 OVERLIMIT FEE 35.00
05/16/07 05/16/07 LATE PAYMENT FEE 39.00
YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST
DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE
PAYMENTS SHOULD BE MADE IMMEDIATELY.
Rates *Rate Varies Balance Average
Deily
Balance Corresponding Periodic Rate
ANNUAL D=Day
PERCENTAGE RATE M=Month Periodic
FINANCE
CHARGE
SEARS
REGULAR $573.68 $496.69 32.24%* .0884%(D)* $13.17
EXTERNAL
REGULAR $2,164.31 $2,134.93 32.24%' .0884%(D)* $56.61
CASH ACCESS
REGULAR $2,036.32 $2,008.67 32.24%* .0884%(D)* $53.27
Days in Billing Period: 30 Effective ANNUAL PERCENTAGE RATE: 32.24% Minimum FINANCE CHARGE: $0.00
Sears Gold MasterCarde
Account Number: 5121 0718 0635 9646
Payment Total
Account Balance Due Date Minimum Due Amount Enclosed
$4,774.31 06/15/07 $1,805.01 $
0071860 EX 13 A 07138 1 TXS503 FV6 001 7 N
I111IIIIIIIIII II IIIIIIIIII VIII VIII III IIIIt Il I111IIII VIII III
DANIEL NAUGLE
178 SME
SHIPPENSBURG PA 17257-9508
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII
Make check Payable to
SEARS CREDIT CARDS
PO BOX 183082
COLUMBUS, OH 43218-3082
Please make address corrections above.
EXHIBIT
100 5121071806359646 0477431 0180501 0000000 1319
6128514
VERIFICATION
I, Tobie Griffin, hereby verify that:
I am employed by Resurgent Capital Services master servicer for LVNV Funding LLC with
full authority to make this Verification on behalf of LVNV Funding LLC. LVNV Funding LLC is the
successor in interest to Sears.
2. For Account # 5121071806359646 I reviewed the following:
® Computerized Documents
? Hard Copy Documents; and
® Other: Business System of Records
3. The foregoing account was opened on 2/1/1995 in the name of Daniel Naugle. The
documents that I reviewed were produced by Sears, SEARS GOLD MASTERCARD.
4. Based on my review of the foregoing documents, at the time of the sale and assignment of
the said account by Sears, there was due and owing the purchased balance of $4,754.80 and counsel has
incorporated the facts by reference in the foregoing Complaint in Civil Action. The language in the
Complaint is that of counsel and not of Plaintiff so to the extent that the contents of the Complaint are that
of counsel, Plaintiff has relied upon counsel in making this verification.
5. Based on my review of the foregoing documents, there are no payments that have not been
credited and the debtor named in paragraph 3 above has not asserted any counterclaims or setoffs.
6. The facts set forth in this Verification are true and correct to the best of
my knowledge, information and belief. This Verification is made subject to the penalties for making an
unsworn falsification to authorities in violation of 18 Pa. C.S. § 4904.
Authorized Representative
DATE: October 5, 2009
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Tf r JA???Y
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
2010 FEB 16 PIN 2: 15
Resurgent Capital Services, LP i
vs.
Daniel Naugle
Case Number
2010-880
SHERIFF'S RETURN OF SERVICE
02/05/2010 05:45 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February
5, 2010 at 1745 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Daniel Naugle, by making known unto himself personally, at 178 Shippensburg Mobile,
Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to hirr
personally the said true and correct copy of the same.
SHERIFF COST: $46.00
February 09, 2010
SO ANSWERS,
Y R ANDERSON, SHERIFF
D eri f
!C) C OLMIT,'SUtle ,^:E?:'lif, TEj,, 5011. II1? .
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OF THEE R"',"(D i0T&Ry
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IN THE COURT OF COMMON PLEAS OF CUMBERLANI7fiJN'E rrvLVANIA
CIVIL DIVISION y ` -
RESURGENT CAPITAL SERVICES LP
Plaintiff
VS.
DANIEL IV`A U GLE
Defendant
No. 10-880 CIVIL TERM
STIPULATION OF THE PARTIES FOR
PAYMENT AND FOR THE ENTRY OF
JUDGMENT BY CONSENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Matthew D. Urban, Esquire
PA I.D. #90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#6128514
Judgment Amount: $5,3 04.73
$14t,d6 `d-'?41
?o c. f. A cw' I *4
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
RESURGENT CAPITAL SERVICES LP
Plaintiff
VS. Civil Action No. 10-880 CIVIL TERM
DANIEL NAUGLE
Defendant
PRAECIPE FOR JUDGMENT BY CONSENT
TO THE PROTHONOTARY:
Kindly enter Judgment against Defendant, Daniel Naugle, in the amount of $5,304.73 plus costs,
based upon the consent of the parties.
CONSENTED TO:
WELTMAN, WE ERG & REIS CO., L.P.A.,
B
Attorney for Plaintiff
DANIEL NAUGLE,
By: A;4 610"
Defendant
WWR#6128514
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
RESURGENT CAPITAL SERVICES LP
Plaintiff
VS. Civil Action No. 10-880 CIVIL TERM
DANIEL NAUGLE
Defendant
STIPULATION OF THE R4RTIES FOR PAYMENT
AND FOR THE ENTRY OF JUDGMENT BY CONSENT
TO THE PROTHONOTARY:
Kindly enter Judgment in favor of Plaintiff and against the Defendant, Daniel Naugle, above-
named, in the amount of $5,304.73 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 $5,304.73 with continuing
interest thereon at a rate of 6.00% per annum plus costs from February 16, 2010.
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, Daniel Naugle, in the amount
of $5,304.73 plus continuing interest thereon at the rate of 6.00% per annum from February 16, 2010 and
costs.
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) $100.00 due by March 15, 2010;
(b) $100.00 due on the 15th day of each consecutive month for a total of 5 months, with
the last payment on August 15, 2010.
(c) If paid as agreed, the account shall be re-evaluated following the August 15th
payment to find a mutually agreeable payment arrangement.
4. All payments are to be made payable to the order of "RESURGENT CAPITAL
SERVICES LP"
5. The first payment due under this agreement is to be received at the offices of Weltman,
Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219. All future
payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland,
OH 44101-0430.
6. In the event of default, each payment received shall be first attributed to costs, interest
and then to principal.
7. Time is of the essence of this agreement and should the Defendant fail to have in the
hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due
date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in
law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional
interest and costs.
8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall
constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the
Defendant in this Stipulation which the parties agree is final and complete.
9. Intending to be legally bound, the parties set their hands and seals thi$L-!?,_day of
20 I
WELTM ERG &REIS CO., L.P.A.
B
Matthew D. Urban, Esquire
PA I.D. #90963
WELTMAN, WEINBERG & REIS CO.,
L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR No. 6128514
r
By:
Defendant, D iel Naugle--
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
RESURGENT CAPITAL SERVICES LP
Plaintiff
vs. Civil Action No. 10-880 CIVIL TERM
DANIEL NAUGLE
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 :3- jR - 10
(xx) Assumpsit Judgment in the amount
of $5,304.73 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
Daniel Naugle
178 Shippensburg Mobile Estates
Shippensburg, Pa 17257
Prothonotary
By: _ ) ') 'X-/
PRO ONOTAR (OR DEPUTY)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
RESURGENT CAPITAL SERVICES LP
Plaintiff
VS. Civil Action No. 10-880 CIVIL TERM
DANIEL NAUGLE
Defendant
NOTICE OF JUDGMENT OR ORDER
O: ( ) 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 $5,304.73 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
The Johnson Law Group
1050 Indigo Dr, Ste 120
Las Vegas, Nv 89145 I
By: j'4
PROTHONOTARY fOR DEPUTY