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HomeMy WebLinkAbout05-0562 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff No. OS; - S/.,~ C,u,L ~0L-vY) vs. COMPLAINT IN CIVIL ACTION ALLEN MILLER SR Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY; James C. Warmbrodt P A 1.D #42524 WELTMAN, WEINBERG & REIS CO., LP.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh,PA 15219 (4]2) 434-79555 WWR#04017427 .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION CACv OF COLORADO Plaintiff vs. Civil Action No. 0 ~ - .!:(.,A.., C; c..>: tT ~ ALLEN MILLER SR 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 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 I. Plaintiff is a corporation with ol1ices in 370 17th St., Suite 5000, Denver, Co 80202-5622. 2. Defendant is adult individuals residing at 323 State St., Enola, P A 17025. 3. Detendant applied for and received a credit card issued by Plaintiff bearing the account number 5480420004093272. A true and correct copy of Plaintiffs Statement of Account is attached hereto, markcd as Exhibit "1" and made a part hereof. 4. Detendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of January 6, 2005, in the amount of $ 3,] 76.87. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entirc 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, tlnance charges or any part thereof to Plaintiff. , WHEREFORE, PlaintitI demands Judgment in its favor and against Defendant, Allen Miller, Sr. individually, in the amount of $ 3,176.87 with continuing tlnance charges thereon at the rate of 6.00% per annum from January 6, 2005 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WErNBERG & REIS, CO., L.P.A. WWR#:04017427 - - - - - - !- ; ! ~- I.::.x~;h.+ II1t, AFGE MASTERCARD STATEMENT ALLEN E MILLER SR At Your Serv1ce 24-Hour Customer Service: 1-800-622.2580 www.unlonpluscard.com TDD for hearing/speech i~pair.d: 1.800-655~9392 Call collect for Customer Service outside of the U.S.: 1-1Q2-243-1575 Kail written inquiries to: HOUSEHOLD CREDIT SERVICES. PO BOX 80027 . SALINAS . CA 939l2-QG27 Send payments to~ HOUSEHOLD CREDIT SERVICES, P.O. BOX 17051 , BAlTIHOR~ , MD 21297-1051 Account Summary ACCOUNT NUMBER TOTA.l CREDIT LINE TOTAL CREDIT LINE AVAILABLE CASH CREOn LINE CASH LINE AVAILABLE STATEMENT DATE PAYMENT REQUESTED BY MINIMUM PAYMENT DUE 54aO-4200-0409-3272 .0 $0 '0 05/31/02 06/12/02 $318.00 '0 Account Activity PREVIOUS BALANCE -PAYMENTS AND OTHER CREDtTS +PURCHASES, CASH ADVANCES, FEES, AND OTHER DEBITS "'NEW BALANCE AMQUNT PAST DUE +FINANCE CHARGES $3,176.87 $0.00 $0.00 $0.00 '3,116.87 .325.00 Finance Charge Calculation This is a grace account. F [NANCE CHI\RGE Hominal ANNUAL Grace period Average Daily Days At A.nnual PERCENT AGE information Daily PeriodIc In Periodic Cash Advance Percentage RATE: on back. Balance Rate Cycle Rata Fees Rate PURCHASES $0.00 .05200r. 14 $0.00 40,00 18.99% 18.990X CASH ADVANCES to.OO .05480% 14 $0.00 $0.00 L',L99% 19.990:::: OL0206 Z 17 G STHTXX Pagelof1 E Account Information 5480-4200-0409-3272 $3,116.81 06/12/02 Account Number- New Balance Payment Requested By Amount Past Due Minimum PaYment Due $'325. DO $378.00 Make checks payable to HOUSEHOLD CREDIT SERVICES Please write your account number 0 your check. Do not fold, staple or clip. Do not $end cash. Please ~end your payment 1 days pr10r to the payment requestGd by date to ensure timely delivery Amount Enclosed M ALLEN E HILLER SR ~23 STAT!: ST ENOLA PA 17025-1025 HOUSEHOLD CREDIT SERVICES P.O. )lOX 17051 BALTIHORE MD 21297-1051 " M i Q. I 548042000409327200031800003176878 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 "3:L.0 b~<1,w- (NAME) ['Jet/ Ac<J b-<cu!/'v.z (TITLE) of c.~, I i,d' Al'Vr, 4,- (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. ~ Bui>- (SIGNATURE) WWR# 04017427 0 "64 10 \ Vl ~ V< ~ Vl -- - Q r- "'<) 0 ~ ~ re - (0) ~~) t..J ,., .-n ....() --G -n ::^:~ -c::. pl :t? \:;.iJ \ - J:- ,-.f) -, 0.) ~-- ~0' - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff No. OS - S/.,~ CIUIL ~8Z...vY') vs. COMPLAINT IN CIVIL ACTION ALLEN MILLER SR Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt P A LD #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 WWR#04017427 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff vs. Civil Action No. D!;" - .!:IcA., C;u~t-r~ ALLEN MILLER SR 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 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 . -' 7th St Suite 5000, Denver, Co 80202-5622. Plaintiff is a corporation wlth offices m 3701 ., 1. 2. Defendant is adult individuals residing at 323 State St., Enola, PA 17025. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 5480420004093272. A true and correct copy of Plaintiffs 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 January 6,2005, in the amount 01'$ 3,176.87. 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, Allen Miller, Sr. individually, in the amount of $ 3,176.87 with continuing finance charges thereon at the rate of 6.00% per annum from January 6, 2005 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & RBIS, CO., L.P.A. . Warmbrodt 42524 AN, WEINBERG & REIS CO., L.P.A. WWR#:04017427 ~ === ;- ,= ;,~- :;- l~ :;;;;;;;;;;;;;; ,- I- I- i- i== 1= . ...... ~ " ~ & . .. i t=- -xh; h,+ l'ill AFGE KASTERCARD STATEMENT ALLEN E HILLER SR At Your Service 24-Hour Customer Service: 1-800-622-2580 www.uniQnploscard.com TDD for hearing/speech impaired: 1-800-655-9392 Call collect for Customer Service outside of the U.S.: 1-702-243-1515 Ha1l written inQuiries to~ HDUSEHOLD CREDIT SERVICES, PO BOX 80027 , SALINAS . CA 939l2-Q021 Send payments to: HOUSEHOLD CREDIT SERVICES, P.O. BOX 17051 , BALTIMORE. HD 21297-1051 Account Summary ACCOUNT NUMBER TOTAL CREDIT LINE TOTAL CREDIT LINE AVAILABLE CAS>> LINE AVAlLABlE STATEMENT DATE PAYMENl REQUES1ED BY MINIMUM PAYHENT DUE CASH CREOn LINE 5480-4200-0409-3272 .0 '0 05/31/02 $378.00 06/12/02 .0 .0 Acco~nt Activity PREVIOUS BALANCE +PURCHASES, CASH ADVANCES. FEES, AND OTHER DEBITS "'NEW BALANCE AHOUNT PAST DUE -PAYMENTS AND OTHER CREDITS +FINANCE CHARGES n,L1'.81 $0.00 $0.00 .325.00 4'3,116.81 $0.00 Finance Charge Calculation This is a grac9 account. FINANCE CHARGE Nominal ANNUAL Grace period A....rag. Dally Days At Annual PERCENTAGE information Daily Perl0dlc tn Per1od1c cash Advance P.rcentage RATE on back. Balance Rate Cycle Rat. Fees Rats PURCHASES '0.00 .05200Y. 14 to.OO $0.00 18 .99" 18.990:-: CASH ADVANCES '0.00 .05480" 14 40.00 40.00 19.99Y. 19.9907. 010206 Z 17 G Page10fl E STHTXX Account Information 5480-4200-0409-3272 t$,176.87 06/12/02 Account NUlllber New Balance Payment Requested By Amount Past DU9 H1n1~um Payment Due 0$325.00 U18.DO Hake checks payable to HQUSEHOLD CREDIT SERVICES Please write your account number 0 you~ check. Do not fold, staple or clip. Do not send c8$h. Please send your payMent 7 days prior to tne payment requested by date to ensure timely delivery Amount Enclosed ALLEN E HILLER SR 323 STAfE ST ENOLA PA 170Z5-7025 HOUSEHOLD CREDIT SERVICES P.O. BOX 17051 BAlTIMORE MD 21297-1051 548042000409327200031800003176878 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: k..v (;LcLo..v- (NAME) ~."i Ac(~ h~(J"v~ J (TITLE) of C:",II,j Arvr,c.... (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. ~ ~ (SIGNATURE) WWR# 04017427 .{,q. (::> In tv\-Y' ~ ~ B ~ r- '-'--- - --0 ~ 1.0 ....a -Cl -c:. .- o ------ ~., c~ C:;;, t.;J"1 -n r>") OJ \ - re ~?, .-'. :\~:;~. " h'\ :i)y -,. ")~-) ':1?~; ,~} --" --,-.,.. ,,;':.-, '.~:~ <f'! - ~ 0:.:> - SHERIFF'S RETURN - REGULAR CASE NO: 2005-00562 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACV OF COLORADO VS MILLER ALLEN SR SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MILLER ALLEN SR the DEFENDANT at 1924:00 HOURS, on the 2nd day of February, 2005 at 323 STATE STREET ENOLA, PA 17025 by handing to ALLEN MILLER SR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.84 .00 10.00 .00 39.84 :r-~~~~ R. Thomas Kline 02/03/2005 WELTMAN WEINBERG REIS i J By'. n / \'"'1 / ; _____Ie: /j-f/ Deputy Sheri~f Sworn and Subscribed to before e.- me this )/ ~ day of 1.d" U M d t'VJ' A. D . /lk L (J hu;/.-, ~I / Prothonotary; . , ' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC. Plaintiff No. 05-562 CIVIL TERM vs. PRAECIPE FOR DEFAULT JUDGMENT ALLEN MILLER, SR., Defendant FILED ON BEHALF OF Plaintiff ~ COUNSEL OF RECORD OF THIS PARTY, William T Molczan PA ID #47437 WELTMAN, WEINBERG & REIS CO., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04017427 Judgment Amount $ 3.209.77 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. 05-562 CIVIL TERM ALLEN MILLER. SR, Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, ALLEN MILLER, SR.. above named, in the default of an Answer, in the amount of $3,209.77 computed as follows: Amount claimed in Complaint $3,176.87 Interest from January 6,2005 to March 10,2005 at the contract interest rate of 6% per annum $32.90 TOTAL $3,209.77 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA RC.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO,. LPA By w{f:rjr- William . Molcian PA I.D #47437 WELTMAN, WEINBERG & REIS CO. L.PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04017427 Plaintiff's address is: cia Weltman, Weinberg & Reis Co., LPA, 2718 Koppers Building. 436 7" Avenue. Pittsburgh, PA 15219 And that the last known address of the Defendant is, 323 STATE ST. ENOLA,PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff VS, Civil Action No. 05-562 CIVIL TERM ALLEN MILLER SR. Defendant IMPORTANT NOTICE TO: Allen Miller Sr 323 State Street Enola, PA 17025 Date of Notice 'kh;J X ;?-,:J:J5"' , YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, W,EjIBERG & REIS CO. L.PA ByW~A William T. Molczan PA LD #47437 WELTMAN, WEINBER 2718 Koppers Building 436 Seventh Avenue Pittsburgh. PA 15219 (412) 434-7955 WWR #04017427 ~ '1-_ IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, llC, Case no: 05-562 CIVil TERM Plaintiff vs. NON-MILITARY AFFIDAVIT ALLEN MILLER, SR, Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. S 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, ALLEN MILLER, SR. is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, AllEN MillER, SR, is not in the military service. Further Affiant sayeth naught. t;1J;ti- rf/~ AFFIANT # UBSCRIBED i~ my presence thiS!- Iday .~ .__0'- i~i..........- Wgnrly L. G(lU~t 1\", CIIl'Oll"lIIslJulgt"P.i""'" , ~i),ir~!.iOfl[X'_~r:e'-J.J'~~' .o.'J', This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. eXJ \ ~ s- \l () \) ~ - '\J ..... - ~ )oJ .-t\ ~ l}.J D ..lJ. QJ ---0 ~t2 ~ ~J::- (""--. - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO. LLC, Plaintiff vs, Civil Action No. 05-562 CIVIL TERM ALLEN MILLER, SR, Defendant NOTICE OF JUDGMENT OR ORDER TO () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against youon (rJ::'llrb.. ;;2~, ~ (xx) Assumpsit Judgment in the amount of $3,209. 77plus 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 (xx) Default () Verdict () Arbitration Award ALLEN MILLER SR 323 STATE ST ENOLA,PA 17025 By, PROTHONOTARY (OF': Oi::P' 'TY) Plaintiff's address is, c/o Weltman, Weinberg & Reis Co, LP.A., 2718 Koppers Building, 436 7'h Avenue. Pittsburgh, PA 15219 1-888-434-0085 c) c~ ;' ,.." C:..) <--;-., .:...f' - :r~;' :;u r',) ,,1) .,;:' o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff No. 05-562-CIVIL vs. PRAECIPE FOR SATISFACTION OF JUDGMENT ALLEN MILLER SR 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 Jl,venue Pittsburgh, PA 15219 (412) 434-7955 WWR#04017427 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff vs. Civil Action No. 05-562-CIVIL ALLEN MILLER SR 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.PA By: James PAl. WE 27 4 ~~ . Warmbrodt 2524 N, WEINBERG & REIS CO., L.P.A. ppers Building venth Avenue It urgh, PA 15219 12) 434-7955 WWR #040174.!7 Sworn to and s~~ before me this ~ day of 05 'ld!""" ._.._._..~..~.. .1:\ ',. ~." ,.".(" .- ~. r;j 0 c:;) -\1 ~~ '-- c;.~. (~> "" vi ,;., c.) ~;1 (:") (,/..