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Home My WebLink About04-4661IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BUREAUS INVESTMENT GROUP NO 6 LLC, assignee of PROVIDIAN NATIONAL BANK Plaintiff(s) IN CIVIL ACTION -VS~ BRIAN K WILLIAMS Defendant(s) COMPLAINT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213 Telephone: 412-682-1466 Fax: 412-682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BUREAUS INVESTMENT GROUP NO 6 LLC, assignee of PROVIDIAN NATIONAL BANK Plaintiff(s) NO. IN CIVIL ACTION -VS- BRIAN K WILLIAMS Defendant(s) NOTICE TO DEFEND YOU HAVE BEEN SUED 1N 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 TIlE 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 2 Liberty Avenue Carlisle, PA 17013 1800-990-9108 2 COMPLAINT Plaintiffis a corporation having offices at 1717 Central Street, Evanston, IL 60204, and as the assignee of Pmvidian National Bank, stands in its assignor's stead, and all are hereinafter referred to interehangeably as "Plaintiff*'. At a specific instance tile Assignor sold, assigned and transferred to Plaintiffall of Assignor's right, title and interest in, and to the agreement between Assignor and Defendant. Assignor had the right to assign the agreement. A copy of the assignment is attached hereto as Exhibit "A". 3. All conditions precedent to Assignor's right to be paid under the terms of the contract have occurred. 4. Defendant is an individual whose address is 721 N 17th St., Apt 3, Carlisle, Cumberland County, Pennsylvania 17103. At a specific instance and request of the Defendant, the Defendant applied for and was granted a credit card by Plaintiff at the terms and conditions agreed upon by the parties, as is more specifically shown by the Agreement, a tree and enrrect copy of which is attached hereto, marked Exhibit "B" and made a part hereof. The Plaintiff avers that the agreement between the parties was based upon a written agreement which the Defendant accepted by using credit card to make purchases and/or cash advances. 7. Thereafter, in breach of obligations under the Agreement, the Defendant failed to make payments as they became due. Plaintiffavers that the terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 9. Plaintiffavers that the balance due amounts to $9,699.34. 10. Plaintiffavers that the interest has accrued at the rate of 23.99% per annum on the balance due from June 4, 2004. 11. Per the terra of the agreement, the Defendant has agreed to pay to the Plaintiffas liquidated damages, the costs of collection, including all reasonable attorneys' fees incurred in the collection of monies owing, which Plaintiffavers will amount to 20% of the balance due. 12. Although repeatedly requested to do so by Plaintiff, Defendant has will/hlly failed and refused to pay the amount clue to Plaintiffor any part thereof. WHEREFORE, Plaintiff demands Judgment against Defendant in the principal amount of $9,699.34, with appropriate additional interest from June 4, 2004, plus attorneys fees and costs. APPLE AND APPLE, P.C. Attorneys for Plaintiff(s) ASSIGNMENT OF CLAIM 41188266 ASSIGNOR: FOURSCORE RESOURCE CAPITAL, LLC., ASSIGNEE OF PROVIDIAN ACCOUNT NO; 4465690600545626 CARDMEMBER(S): WILLIAMS, BRIAN K .AMOUNT: $7353.63 in reliance hereof, receipt of which is hereby acknowledged, the undersigned acknowledges that it has assigned, transfered, and conveyed to: BUREAUS INVESTMENT GROUP #6, LLC. all rights, title and interest of the undersigned, in and to its claim agains the above captioned referenced, in the total sum as stated above, plus interest, costs, and other legal claims. The undersigned warrants that its claim is bona-fide and will produce evidence thereof upon reasonable request. This assignment is executed this _ day of the month of Signature The foregoing assignment is sworn to and subscribed before me this Notary Public ~'A/PROVIDIAN/AC054709 AUTHORIZATION ~ VERIFICATION 41188266*l/T6PR0203 STATE OF ILLINOIS COUNTY OF COOK MICHAEL SLOTKY BEING FIRST DULY SWORN, DEPOSES AiVD SAYS: The undersigned hereby authorizes THE BUREAUS INC. (hereinafter AGENCY) to take the necessary steps to initiate legal action through a duly licensed attorney for monies owed to BUREAUS INVESTMENT GROUP #6, LLC. by BRIAN K. WILLIAMS, of HARRISBURG, PA account no. 4465690600545626, (BALANCE: $9,002.45) and do hereby authorize said agency to bring ac5ion in the name of the undersigned and/or its own name as required by law, to take all lawful steps necessary to enforce collection or effect a compromise settlement, if in said agency opinion such action or compromise is prudent. That and true, credits have been allowed, and BUREAUS INVESTMENT GROUP #6, LLC. furnish competent testimony and evidence to prove said claim or thereof when requested by said agency or its at~r~ BUREAUS I~LC. My commission expires: ~ , ,~n~c~crt, r,m~v~c the attached claim is, within the knowledge of the affiant, just that it is due, and that all just and lawful offsets, payments and agrees to any part AFFIDAVIT herein, ver,~, that the statementx (?/"/hct c ;~tai~ ~d in the foregoing Complaint are true and correct. 1 understand th?t false, statements herein are made sut?/ect to the penalties of 18 Pa. CS..~' 4909. relating to ungworn.falsi[ication to authorities. Title Addve_g~ Ci.ty State and Zip IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BUREAUS INVESTMENT GROUP NO 6 LLC, assignee of PROVIDIAN NATIONAL BANK Plaintiff(s) NO. 04-4661 Civil Term IN CIVIL ACTION BRIAN K WILLIAMS Defendant(s) PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD OF THI[S PARTY: James R. Apple, Esq. PA I.D. 'No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Batun Boulevard Pittsburgh, PA 15213-1237 Telephone: 412-682-1466 Fax: 412-628-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BUREAUS INVESTMENT GROUP NO 6 LLC, assignee of PROVIDIAN NATIONAL BANK Plaintiff(s) NO. 04-4-391 Civil Term IN CIVIL ACTION -V$- BRIAN K WILLIAMS Defendant(s) PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY SIR: Kindly discontinue without prejudice the above-captioned matter upon the records of the Court. SWORN TO AND SUBSCRUIBED ~l~O~.~ ms ~ OA~ o~ APPLE AND APPLE, P.C. P{l~fieys ~ntiff(s) ~TARY PUBLI(~ V 2