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Home My WebLink About05-1773 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff No. 6~ - 1'773 c., 'u t L ~&'-rJ vs. COMPLAINT IN CIVIL ACTION DAVID LONG III Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PALO #42524 WEL TMAN, WEINBERG & REIS CO.. L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-79555 WWR#03949507 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. Civil Action No. DA VID LONG III 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 LA WYER AT ONCE. IF YOU DO NOT HA VE 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 1 ih St., Suite 5000, Denver, Co 80202-5622. 2. Defendant is an adult individual residing at 243 E. Main St., Shiremanstown, P A 17011. 3. Defendant applied for and received a credit card issued by Plaintiffs assignor bearing the account number 5176-6900-0036-0474. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit" I" 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 March 1,2005, in the amount 01'$ 2,814.86. 5. 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. 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 refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, David Long, III individually, in the amount of $ 2,814.86 with continuing finance charges thereon at the rate of 6.00% per annum from March 1, 2005 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE, WELTMAN, WEINJERG & REIS, CO.,L.P.A. F-"~_<""""""""'''''''---:'''''''' . .,.' ,r ..,~" r;/ ' lame . Warmbrodt PAiD #42524 I ' \VEL tMAN, WEINBERG & REIS CO., L.P.A. 2/11 &"koppers Building 4361Seventh Avenue . ! (P!tsburgh, PA 15219 \f412) 434-79555 WWR#:03949507 ~ HOUSEHOLD BANK GOLD MASTERCARD STATEMENT DAVID LONG III At Your Service 24-Hour Customer Service: 1-800-477-6000 www.hbcard.com TDD for hearing/speeoh iDpaired: 1-800-3~5-~020 Call collect for Customer Service outside of the U.S.: 1-757-523-3880 Mail written inquiries to: HOUSEHOLD CREDIT SERVICES , PO BOX 81622 , SALINAS , CA 93~12-1622 Send payments to: HOUSEHOLD CREDIT SERVICES , P.O, BOX 17051 , BALTIMORE , MD 212~7-1051 Account Summary ACCOUNT NUKBER TOTAL TOTAL CREDIT CASH CASH LINE CREDIT LINE AVAILABLE CREDIT AVAILABLE LINE LINE STATEMENT DATE PAYMENT DUE 5176-6900-0036-0474 $2,500 $0 $2,500 $0 10/03/02 10/28/02 MINIKUM PAYMENT DUE $549.00 Aocount Activity PREVIOUS -PAYMENTS AND BALANCE OTHER CREDITS +PURCHASES, CASH ADVANCES, FEES, AND OTHER DEBITS +PINANCE CHARGES sNEW BALANCE AMOUNT PAST DUE $3,183.53 $0.00 $58.00 $59.33 $3,300.86 $466.00 Transactions Transaction Posting Date Date Transaction Description Reference Number Amount 09/27 09/04. 09/27 0~/04 LATE CHARGE ASSESSMENT OVERLIMIT CHARGE ASSESSMENT 10000003000000000178380 10000003000000000305310 $29.00 $29.00 YOUR ACCOUNT IS NOW CLOSED, PLEASE CALL TODAY AND MAlCE YOUR PAYMENT OVER THE PHONE. CALL 1-800-395-0500. 080370 E 03 G STM'l'38 Page 1 of 2 D - - Account Information Account Number New Balance Payment Due 5176-6900-0036-0474 $3,300.86 10/28/02 Amount Past Due Mi nilllUlll P aymen t: Due $466.00 $549.00 Make checks payable to HOUSEHOLD CREDIT SERVICES. Please write your acoount number 0 your check. Do not fold, staple or clip. Do not send cash. ple.se send your payment 7 days prior to the payment due by date to ensure timely delivery. Amount Enclosecl. DAVID LONG III 243 E MAIN ST SHIREHANSTOWN PA 17011-7011 HOUSEHOLD CREDIT SERVICES P.O. BOX 17051 BALTIMORE MD 21297-1051 517669000036047400054900003300865 EXHI8rr 1/1 II .. DAVID LONG III Account Number: 5176-6900-0036-0474 :::; Finance Charge caloulation This is a grace account. Grace pe1iiod information on back. Average Daily Balanoe Daily periodio Rate Days In Billing Cycle Finance Charge. At periodio Rate NOJl\inal Annual Percentage Rate PURCHASES CASH ADVANCES $3,161. 70 $86.14 .06090 30 .06090 30 $57,22.24\ $1. 22.24\ ANNUAL PERCENTAGE RATE* 22.240\ *May be higher than nominal Annual Peroentage Rate if statement includes misc. finance oharges. 080370 E 03 G STMT3 8 Page 2 of 2 D Acoount Information - Acoount Number New Balance Payment Due 5176-6900-0036-0474 $3,300.86 10/28/02 Amount Past Due Minimum Payment Due $466.00 $549.00 - Make checks payable to HOUSEHOLD CREDIT SERVICES, Please write your account number 0 your check. Do not fold, staple or clip. Do not send casb. Please send your payment 7 days prior to the payment due by date to ensure timely delivery. AInount Enclosed DAVID LONG III 243 E MAIN ST SHIREKANSTOWN PA 17011-7011 HOUSEHOLD CREDIT SERVICES P.O. BOX 17051 BALTIMORE MD 21297-1051 517669000036047400054900003300865 I 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 -:S:-l......; 6..tJ...-.,--- (NAME) l,)";"\ Acd.. ex....,. (TITLE) of tl ( 'l'J .A ry-,<.r . ( 0- (COMPANY) , plaintiff herein, that 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. \)~ \Xd- ! ' (SIGNATURE) WWR# 03949507 D \L - ~ ~ t.rt \1" -..0 ~ -bQ 1 ~ ~ lft D ~ -J ~?- 1- ---- n (-~- r'"" c:,;) .,;;:.:.:::1 (;.r' )::~~." ~'\", -;:,,,,) ~~ t, ~ , ,~^-~ ':.~~'.~ ~.J'''' --~\ ----- ,-) ':"".;'1 8 , J;.- -0 -:1:. (~") C,' -"",:J -- SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01773 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS LONG DAVID III R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LONG DAVID III but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , LONG DAVID III 243 E MAIN ST SHIREMANSTOWN, PA 17011 TRIED AT BOTH 243 E MAIN ST & 122 E GREEN ST SHIREMANSTOWN. BELIEVED TO BE LIVING IN MARYSVILLE - PERRY COUNTY. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 22.20 5.00 10.00 .00 55.20 So answe:n3.-c:c'?~ / .. >' <',;;:,:--:--~,'/"~,'_"_:, ,', _.",- -.,--~'-';;;;:c:>. ~--,-~ ~ -?;:~~~:::- Sheriff of Cumberland County WELTMAN WEINBERG REIS 04/25/2005 Sworn and subscribed to before me this j1.~ day of .~ / .JlJ1JS A.D. C2ti' Q fy.,~/.PL<J P 0 honotary ,~ . ". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff No. 05-1773 CIVIL TERM vs PRAECIPE TO REINSTATE COMPLAINT DAVID LONG III, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY William T. Molczan PA I.D #47437 WELTMAN, WEINBERG & REIS, CO, LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03949507 ~ . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff vs. Civil Action No. 05-1773 CIVIL TERM DAVID LONG III, Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO, LPA By: William T. Molczan PA 10. #47437 WELTMAN, WEINBERG & REIS CO, L.PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03949507 ,--', .....' ,::',1 c.J" c C." -~,-' -'--_.._-,~,_.,-'"'-~,.........-.- '. SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01773 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS LONG DAVID III R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LONG DAVID III but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , LONG DAVID III 122 E GREEN STREET SHIREMANSTOWN, PA 17011 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. HIS ADDRESS IS 245 ANTLER DRIVE MARYSVILLE, PA 17053. CELL PHONE 215-9367. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 11.10 5.00 10.00 .00 44.10 So .ans~~:-/ ~~/~-7 / -,,'.. ;"~~~,.c~-~/ R. Thomas Kline Sheriff of Cumberland County WELTMAN WEINBERG REIS OS/20/2005 Sworn and subscribed to before me this .2'1 It: day of -n~ ,1.1'11'; A.D. 'FJtt'o";otGy J~ > # ~. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC , Plaintiff No. 05-1773 CIVIL TERM vs. PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE DAVID LONG III, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA 1.0 #42524 WELTMAN, WEINBERG & REIS CO., L.PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03949507 - r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC , Plaintiff vs. Civil Action No. 05-1773 CIVIL TERM DAVID LONG III, Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO, LPA of ,2005 NO' hI J'\~ ft,...,' 'j.". -, ~J~ C) " (.) -...1 .-..~ CJ