The URL can be used to link to this page

Home My WebLink About04-6242IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO LLC Plaintiff vs. TAMMY STIMELING Defendant No. QU L j;(_ (21v L ?' l COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 WWR#03390383 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO LLC Plaintiff VS. Civil Action No. TAMMY STIMELING Defendant 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 LAWYER REFERRAL SERVICES CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD ST. CARLISLE, PA 17013 COMPLAINT 1. Plaintiff is a corporation with offices in 370 17t1i St., Suite 5000, Denver, Co 80202-5622. 2. Defendant is residing at 6 Red Fox Lane, Mechanicsburgh, PA 17050. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 5458004087002786 . A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of November 11, 2004, in the amount of $3,509.92. 5. Defendant is in default of the ternis of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 6.00% per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or reftised to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Tammy Stimeling individually, in the amount of $3,509.92 with continuing finance charges thereon at the rate of 6.00% per annum from November 11, 2004 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. Ja es`C. Warmbrodt P I.D #42524 XV LTMAN, WEINBERG & REIS CO., L.P.A. 18 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 WWR#:03390383 i DIRECT MERCHANTS CREDIT CARD BANK LAST STATEMENT DETAILS ACCOUNT# 5458004087002786 STIMELING TAMMY 6 RED FOX LN MECHANICSBURG PA 170501627 DATE OF LAST STATEMENT 040CT2002 LAST STATEMENT BALANCE $4,134.92 DATE OF PREVIOUS STATEMENT 05SEP2002 PREVIOUS STATEMENT BALANCE $4,095.92 LAST STATEMENT FEES = $0.00 FEE BALANCE = $1,086.08 CREDIT LINE _ $3,400.00 MERCHANT BALANCE = $3,048.84 AVALABLE BALANCE = NONE CASH BALANCE _ $0.00 T1 N$A+, ION AMOUNT, TVAN3.DATA: POST DATE DETAIL CHARGE OFF TOTAL ACCT $4,134 .92 30SEP2002 30SEP2002 CHARGE OFF MERCHANDISE APR : 29.99% CASH APR : 29.99% ACCOUNT# : 5458004087002786 LAST STATEMENT BALANCE : $4,134.92 OVERLIMITAMOUNT $734.92 s?? 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 iso (NAME) ?? I ,Qec ?xeccu??ue of /?? plaintiff herein, that (TITLE) (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) W W R# 03390383 Y ''l f V" n? r 1 f"1 V .J i' - G. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff VS. TAMMY STIMELING Defendant No.04-6242 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: William T. Molezan, Esquire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03390383 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff VS. Civil Action No. 04-6242 TAMMY STIMELING Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, Tammy Stimeling, above-named, in the amount of $3,509.92 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $3,509.92 with continuing interest thereon at a rate of 6.0% per annum plus costs from November 11, 2004. 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, Tammy Stimeling, in the amount of $3,509.92 plus continuing interest thereon at the rate of 6.0% per annum from November 11, 2004 and costs. 3. 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) $110.00 due by January 30, 2005; (b) no less than $110.00 per month due on the 30th day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "CACV of Colorado, LLC" 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 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 Plaintiffs 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 this day ofK 20 ?'. THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS CO., L.P.A. By: 4AK'7-A?i? William T. Molcza , Esquir PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR# 03390383 Tammy Stimeling By. >l ?? Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. TAMMY STIMELING Defendant Civil Action No. 04-6242 NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order o„ r JuaQmenttrtered against you on (xx) Assumpsit Judgment in the amount of $3,509.92 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 Tammy Stimeling 6 Red Fox Lane Mechanicsburg, PA 17050 By: PROTHONOTARY(H?I° ? v Y CASE NO: 2004-06242 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS STIMELING TAMMY CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STIMELING TAMMY the DEFENDANT , at 1653:00 HOURS, on the 28th day of December-, 2004 at 6 RED FOX LANE MECHANICSBURG, PA 17055 TAMMY STIMELING by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.14 Affidavit .00 Surcharge 10.00 nn Sworn and Subscribed to before me this y day of °??y51 A. D. r thonotary , So Answers: R. Thomas Kline 12/29/2004 WELTMAN WEINBERG IS By: `Deputy She iff ? ti? of cumber, R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 March 12, 2003 To: Attorneys Sheriffs of Pennsylvania RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy Effective April 1, 2003, the following advance costs must be paid to this office before any service or attempted service will be made. Writ of Summons, Complaint etc. - Requiring service in Cumberland County $100.00 Writs, Summons, Complaint, etc. - Requiring service in another county $200.00 For more than one defendant, please call for costs (717) 240-6390 Writs of Execution involving personal property $150.00 Impoundment and storage of motor vehicles (per vehicle) $200.00 Writs of Execution involving Real Estate $1,500.00 Sheriff's Instructions: Please note the hearing date, if any; the number and term; R.D. addresses must have a box number or directions to the place of service (PO Boxes not accepted); the last date of service; and other special instructions; phone number if possible, of the defendant and attorneys. Any unused portion of the initial fee will be refunded after service has been effected. Any other additional costs will be billed later. ;/'R. Thomas Kline Sheriff A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. TAMMY STIMELING Defendant No. 04--6242- PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I. D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03390383 A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. Civil Action No. 04--6242- TAMMY STIMELING Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. PA I . D #4 WELTMA 1400 Kop 436 Sev Pittsbur I (412) 4 root NBERG & REIS CO., L.P.A. uilding enue 15219 C'1 Ca % rY? .? ?1