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Home My WebLink About05-4260 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PORTFOLIO ACQUISITIONS GRP Plaintiff No: O~~ Lf){go ~ vs. COMPLAINT IN CIVIL ACTION DEBORAH SMITH Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 04308883 C A pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PORTFOLIO ACQUISITIONS GRP Plaintiff vs. Civil Action No DEBORAH SMITH Defendant COMPLAINT 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. 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. plaintiff, PORTFOLIO ACQUISITIONS GRP is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual(s) residing at the address listed below: DEBORAH SMITH 520 1/2 CHESTNUT ST MOUNT HOLLY SPRINGS, PA 17065 3. Defendant applied for and received a credit card bearing the account number 4791060022985849 . 4. Defendant made use of said credit card and has a current balance due of $3031.69 , as of August 10, 2005 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 6.000% per annum on the unpaid balance from August 10, 2005 . A copy of Plaintiff's Statement of Acco unt is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , DEBORAH SMITH individually , in the amount of $3031.69 with continuing interest thereon at the rate of 6.000% per annum from August 10, 2005 plus costs. . Warmbrodt , WEINBERG & CO., L.P.A. 436 e enth Avenue, Suite 2718 Pitt~bprgh, PA 15219 (41 ) fl34-7955 FAX ~12-338-7130 043 ~883 C A Pit KMJ , . This law firm is a debt collector atte 'ting to collect this debt for our client and any information obtain~ will be used for that purpose. ./ . Portfolio Acquisitions Group LLC Please indicate Name, or address 4?{5t/t/b~ Telephone Changes Home ( ) Wock( ) Charge-Off Statement ACCOUNT NUMBER PAYMENT PAST DUE MINIMUM NEW AMOUNT OF DUE DATE AMOUNT PAYMENT BALANCE PAYMENT ENCLOSED 4791 0600 2298 5849 1212712001 1868.53 -- 545.63 1957.08 $ --.------------ --'____'0__' -- DEBORAH SMlTH PO BOX 195 MOUNTHOLLYSPRINGS PA 17065-0195 II,.JI'IlIII".I.llllI,rrll,llllll"II"I\,I~tlImHUIIII,1l 6851 JERICHO TURNPIKE SUITE 190 SYOSSET NY 11791 1,,,111,1,,1,,1,1,,1,,11,,,1,1,,1/,,,1,1,,,11,,1,1,,.11,,,,111 - ACCOUNT NUMBER CREDIT CREDIT DAYS IN BILL PAYMENT MINIMUM LINE A V AILABLE BILUNG CYCLE DATE DUE DATE PAYMENT DUE 4791 0600 2298 5849 1500.00 32 12/12/2001 12/27/2001 545.63 DAlEO}.' -- TRANS POST REFERENCE !\'UMBEH DESCRIPTION OF TRANSACj'IONS AMOUNT 1212 1212 OVERLlMIT FEE 29.00 0000 0000 LATE CHARGE- MIN PYMl NOT REeD BY DATE 35.00 .U" FlNANCE CHARGE CURRENT PURCHASE 24,55 PREVIOUS NEW PUI{CHASES DEBIT FINANCE OVERLlNE NEW BALANCE PA YMENTS eREI311'S __~'P .~l~~NCES~. _~Q!~l'M~:l'S CHARGES AMOUNT BALANCE __ -------- .-._----_.'. -~---~- 1868.53 .00 .00 .00 64.00 88.55 457.0B 1957.08 AN AMOUNT FOLLOWED BY ~ MINUS SIGN(-) IS A CREDIT BALANCE UNLESS OTHERWISE INDICATED $ TYPES OF CREDIT TO FINANCE DAILY NOMINAL ANNUAL ANNUAL WHICH RATES APPLY CHARGE BALANCES PERIODIC RATE PERCENTAGE RATES PERCENTAGE RATES PURCHASES 1868.53 .04106"10 14.99% 14.99% ADVANCES .06299% 22.99% % YOU MAY AVOID ADDITIONAL FINANCE CHARGES ON PURCHASES IFYOU l'AY THlS AMOUNT BY THE DUE DATE QUESTIONS about account? Credit Card lost or stolen? Call Custolner Service 24 hours a day 7 days a week, toll- free at 1-800~277.4431. Para Servicio al Cliente en espanaJ: 1--800-2774431 EXHIBIT ".i" VERIFICATION The undersigned does hereby verifY subject to the penalties of 18 P A.C.S. S4904 relating to unsworn falsifications to authorities, that he/she is (fl c;J;:etl 'Z-i e ka pl ti 1\ A!/Tl+ of nrt ~.:Jll A~IJ"jf/:::Je) Gk, plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best ofhislher knowledge, information and belief. ) /-\ , (Signature) WWR# ()t.f3o gKS'3 ~~;v ~ -i ~ (Yl ~ 0') s <:;;-- ~ ~ ~ o 0 .....' Q c::> , c:> -n -/ oJ' -' P :C--n c:: P"c:. (~"") - ~\lJ\Q U) ,:) r..).." ::-.:2-.-(-. .." ._.---0 :;.t: ~2(') {')(l1 r;-? ::-; ~- - ~;j -' :..:; '{) ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-04260 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PORTFOLIO ACQUISITIONS GRP VS SMITH DEBORAH SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMITH DEBORAH the DEFENDANT , at 1930:00 HOURS, on the 31st day of August , 2005 at 520 1/2 CHESTNUT ST MOUNT HOLLY SPRINGS, PA 17065 by handing to DEBORAH SMITH 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 Service Affidavit Surcharge 18.00 4.80 .00 10.00 .00 32.80 So Answers: .;/ .<t-:!-::Z r~..,~/~J R. Thomas Kline 09/01/2005 WELTMAN WEINBERG REIS me this ;II day of By v4w'/~. /' Deputy SheriI'f Sworn and Subscribed to before f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PORTFOLIO ACQUISITIONS GRP Plaintiff No. 05-4260 Civil Ys. PRAECIPE FOR DEFAULT JUDGMENT DEBORAH SMITH Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA 1.D.#47437 Weltman, Weinberg & Reis Co., LP.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PAl 52 I 9 (412) 434-7955 WWR#04308883 Judgment Amount $ 3,051.31 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, PENNSYL VANIA CIVIL DIVISION PORTFOLIO ACQUISIT]ONS GRP Plaintitr vs. Civil Action No. 05-4260 Civil DEBORAH SMITH Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, DEBORAH SMITH above named, In tbe default of an Answer, in the amount of$3,051.31 computed as follows: Amount claimed in Complaint $3,031.69 Interest from August 10,2005 to October 10,2005 at the legal interest rate of 6% per annum $19.62 TOTAL $3,051.31 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.CP. 237.1 on the dates indicated on the Notices. WELTMAN. WEINBERG & REIS CO.. LPA By: WILLIAM T. MOLCZ PA I.D.#47437 Weltman, Weinberg & Reis Co., LP.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PAl 52 I 9 (412) 434-7955 1//./ WWR#04308883 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., LP.A., 2718 Koppers Building, 436 7'h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 520 ]/2 CHESTNUT ST MOUNI' HOLLY SPRINGS ,PA 17065 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PORTFOLIO ACQUISITIONS GRP Plaintiff 05-4260-CIVIL DEBORAH SMITH Defendant IMPORTANT NOTICE TO: DEBORAH SMITH 201/2 CHESTNUT ST OUNT HOLLY SPRINGS ,PA 1706 '. 2'J ' ',,' , I ">"f" Date of Notice "\0 \)1- .1 p \ . /)( )"') 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG EIS CO., L.PA IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PORTFOLIO ACQUISITIONS GRP Case no: 05-4260 Civil Plaintiff NON-MILITARY AFFIDAVIT vs, DEBORAH SMITH Defendant The undersigned, who lirst being duly sworn, according to law, deposes and stales as follows: That he/she is the duly authorized agent of the Plaintiff in the within malter, 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, ~ 52], Affiant further states that based upon investigation it is the affiant's bel ief that the Defendant, DEBORAH SMITH is not in the military service, Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (OM DC), which states that the Defendant, DEBORAH SMITH is not in the military service, Further Affiant sayeth naught. SWORN T of II / I' {c/' ;zII \, /; ,..,1(//----- AFFIANT / I SCRIB~D in my presence th/~aay NOT t\Jotar.a\ Seal Wendy L Gault. Notary Public CWI Of pittsburgh, AUeghMY Co;"'\' IIIV CommiSllion Expifes July 16, 3006 _ ,..-......-ClI...... This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be lIsed for that purpose, Request for Military Status Page I of 1 Department of Defense Manpower Data Center OCT-I8-200508:54:50 Military Status Report Pursuant to the Service Members' Civil Relief Act < Last Name First/Middle Begin Date I Active Duty Status I Service/Agency SMITH Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty, Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the individual, per the Information provided, as to all branches of the Military. ~~Cl--~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense EmolIment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement ofthe Service Members Civil Relief Act [50 USCS Appx, SS 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are most strongly encouraged to contact us by Fax at (703-696-4156) or by phone at (703-696-6762), We will then conduct further research, Your failure to re-contact DMDC may cause provisions of the SCRA to be invoked against you, This response reflects current active duty status only, For historical information, please contact the military services SCRA point of contact. See: http://www.defenseIil1k.miI/faq/pis/PC09SLDR.htmI. Report ID:BFNUMJBPSFB https://www.dmdc.osd.miI/scra/owa/scra.prc_SeIect 10/18/2005 ciZJ9.lg. ~~1\.~ [: _ ~ B \' ' -;; \" :cJ 3 ~ ~ F ~ " ~~ c: f'...) '::...~ c: " r-'; ."_-:' ;-'.' --.- (,,:\ (:) " , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PORTFOLIO ACQUISITIONS GRP Plaintitr vs. Civil Action No, 05-4260 Civil DEBORAH SMITH 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 (xx) Assumpsit Judgment in the amount of $3,051,31 plus costs. () Trespass Judgment in the amount of$_ plus costs, () Ifnot satistied 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 ::'"arh~ PRC)T. ONOT~,' , "7 DEBORAH SMITH 520 ]/2 CHESTNUT ST MOUN'I' HOLLY SPRINGS ,PA 17065 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co.. L.P,A., 2718 Koppers Building, 436 7'h Avenue, Pittsburgh, PA 15219 1-888-434-0085