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Home My WebLink About02-1684ALL-PRO FINANCIAL II, L.L.C., JOHN W. TERRY, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. CIVIL ACTION - LAW NOTICE 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 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. Court Administrator Cumberland County Courthouse 4th Floor Carlisle, PA 17013 (717) 240-6200 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. ALL-PRO FINANCIAL II, L.L.C.; JOHN W. TERRY, Ve Plaintiff : : : : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. CIVIL ACTION - LAW COMPLAINT AND NOW, the Plaintiff, by and through its undersigned counsel, files this Complaint, and in support thereof, states as follows: 1. The Plaintiff is All-Pro Financial II, L.L.C., a limited liability company organized and existing under the laws of the State of Connecticut, maintaining offices at 77 Main Street, Andover, MA 01810. 2. The Defendant is John W. Terry, an adult individual, residing at 915 Baltimore Pike, Gardners, Cumberland County, Pennsylvania 17324. 3. Pursuant to a certain assignment agreement, the Plaintiff is the assignee of all claims and debts alleged herein, and is authorized and entitled to recover the claims and debts complained of herein. COUNT I 4. The foregoing paragraphs are incorporated herein by reference. 10. 11. 12. WHEREFORE, $3,067.53. At the specific request and insistence of the Defendant, Household Credit Services, Inc., PlaintifFs predecessor-in-interest, issued a credit card bearing account number 5480420003000906 in the name of the above-named Defendant. The aforementioned credit card was issued to the Defendant with the agreement, understanding and expectation that the Defendant would comply with the terms and conditions of the Cardmember Agreement and Disclosure Statement attached hereto as Exhibit A, and incorporated herein by reference. Pursuant to the aforementioned Agreement, the Defendant agreed to pay the outstanding principal balance, accrued interest and reasonable costs of collection, including attorney's fees. The Defendant has repeatedly made use of the foregoing credit card, and has not reported said credit card lost or stolen. To date the Defendant has an unpaid principal balance of $2,473.75, and accrued but unpaid interest of $123.77. To date the costs of collection on the Defendants account total $470.01. Despite repeated demands, the Defendant has refused to pay the debt owed to the Plaintiff. The Defendant has breached the agreement with the Plaintiff, resulting in the foregoing damages to the Plaintiff. Plaintiff demands judgment against the Defendant in the amount of COUNT II 13. The foregoing paragraphs are incorporated herein by reference. 14. By virtue of the credit card issued to Defendant under the account number 5480420003000906, the Plaintiff, through its predecessor-in-interest conferred benefits upon the Defendants totaling $3,067.53. 15. By use of the aforementioned credit card, the Defendants appreciated the benefits conferred by the Plaintiff, through its predecessor-in-interest. 16. By retention of the aforementioned benefits, the Defendants have been unjustly enriched at the expense of the Plaintiff, through its predecessor-in-interest. 17. It would be unjust and unreasonable to permit the Defendants to retain said benefits without compensating the Plaintiff. WHEREFORE, Plaintiff demand judgment against the Defendant in the amount of $3,067.53. Respectfully submitted, Nicholas & Foreman, P.C. Charles Rees Brown Supreme Court No. 70612 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney for Plaintiff VERIFICATION I hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that the statements made are subject to the penalties set forth at 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Robert L. O'Brien, Litigation Manager All-Pro Financial II, L.L.C. SHERIFF'S RETURN - REGULAR CASE NO: 2002-01684 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALL-PRO FINANCIAL II LLC VS TERRY JOHN W 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 TERRY JOHN W the DEFENDANT at 915 BALTIMORE PIKE , at 1959:00 HOURS, on the llth day of April , 2002 GARDNERS, PA 17324 by handing to JOHN W TERRY 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 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this /? ~ day of ~z~ ~ ~ A.D. ' t~rothonotary So Answers: R. Thomas Kline ~4I/C~/~02& FOREMAN IN THE COURT OF COMMON PLEAs OF CUMBERLAND COUNTy, PENNSYLVAN/A ALL PRO FINANCIAL H, L.L.C. JOHN W. TERRy No. 2002-01684 To the Prothonotary: PRAEcIPE FOR JUDGMENT Enter judgment in favor of Plaintiff and against JOHN W. TERRy for (x) Assess Damages as Follows: Debt: Want of an answer. $2,473.75 $123.77 Attorney fees: $470.01 Total: $3,067.53 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGEs IS FOR SPECIFIED AMOUNTs ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of intention to file this Praecipe mai/ed or delivered to the party against whom.judgment is to be entered and to his/herattorney was if any, after the default occurred and at least ten of record, copy of the notice is attached. R.C.P. 237.1 (10) days prior to the date of the filing of this Praecipe. A Supreme Court No. 70612 (717) 236-9391 Attorney for Plaintiff anJ .This ~_ day of /~,t,.~a/ . a against DefetJda,nt jO~,r 2w0a~02t,/~adngamnesnwt. entered as per the above certification, and damages assessed at the IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALL PRO FINANCIAL H, L.L.C. v. No. 2002-01684 JOHN W. TERRY AFFIDAVIT OF NON-MILITARY SERVICE The undersigned, being duly sworn, according to law, deposes and says that the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Relief Act of Congress of 1940, as amended: That John W. Terry is 44 years of age residing at 915 Baltimore Pike, Gardners, PA 17324 and is employed unknown. Sworn to and subscribed before me this 174 day of May, 2002. Supreme Court No. 70612 (717) 236-9391 Attorney for Plaintiff NOTARY PUBLIC NOTARIAL SEAL CHRISTINA L. NICHOLAS, Notary Public · Su~squehanna Twp,, Dauphin County My uommission Expires June 20, 2005 ALL-PRO FINANCIAL II, L.L.C., Plaintiff JOHN W. TERRY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 2002-01684 CIVIL ACTION - LAW To: John W. Ten3~, Defendant Date of Notice: May 8, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (I0) 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 WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 4tb Floor Carlisle, PA 17013 (717) 240-6200 AVISO IMPORTANTE A: John W. Terry, Defendido Fecha del Aviso: May 8, 2002 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENT RO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR LIN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABA JO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Court Administrator Cumberland County Courthouse 4th Floor Carlisle, PA 17013 (717) 240-6200 NICHOLAS & FOREMAN, P.C. Supreme Court No. 70612 4409 North Front S~'eet Harrisburg, PA 17110 (717) 236-9391 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Charles Rees Brown, attorney for the Plaintiff, do hereby certify that on May 8, 2002, I did personally place in the U.S. mail, first class, postage prepaid, a tree and correct copy of the foregoing Important Notice, addressed to the following: John W. Terry 915 Baltimore Pike Gardners, PA 17324-9007 NICHOLAS & FOREMAN, P.C. Supreme Court No. 70612 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALL PRO FINANCIAL H, L.L.C. v. No. 2002-01684 JOHN W. TERRY 236NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. Prothonotary, Cuml~er]and Cbunl~ ~ IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: Charles Rees Brown Supreme Court No. 70612 4409 North Front Street Harrisburg, PA 171 l0 (717) 236-9391