HomeMy WebLinkAbout06-6889IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
,-ACV OF COLORADO, LLC
Plaintiff No:
S.
COMPLAINT IN CIVIL ACTION
JoiINA IIGGINS
Defendant FILED ON BEHALF OF
Plaintiff
CO JNSEL OF RECORD OF
THLS PARTY:
James C. Warmbrodt,42524
WEL,TMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 2718
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
04317888 C E Pit VOC
IN THE COURT OF COMMON PLEAS OF CUMBEERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC
Plaintiff
vs. Civil Action No
JOH.)T HIGGINS
Defendant
COMPLAINT AND NOTICE TO DEFEND
You have been sued in court. IL you wish to defend against the
claims set forth in the following pa(4es, 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
.aita 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
E)roceed without you and a judgment may be entered against you by the
co,.irt 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 ,AWYER, 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, CACV OF COLORADO, LLC is a corporation with offices at
370 17TH S'".,SUITE 5000 DENVER. , CO 80202 .
2. Defendant is adult individual(s) residing at the address listed
below:
JOHN HIGGINS
,32 LINDA DR LOT3
'IEC TANICSBURG, PA 17050
3. Defendant applied for and received a credit card bearing the
icc3unt number 541058390121721,1 .
4. Defendant made use of said credit card and has a current balance
due of $13950.32 , as of September 18, 2006 .
5. Defendant is in default by failing to make monthly payments when
lue. As such, the entire balance is immediat-ely due and payable to
Plaintiff.
5. Plaintiff is entitled to the addition of interest at the rate of
6.0006 per annum on the unpaid balance from September 18, 2006 . A
copy of Plaintiff's STATEMENT OF ACCO UNT is attached hereto, marked
as Exhibit 111" 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 , JOHN HIGGINS , INDIVIDUALLY , in the amount of
$13950.32 with continuing interest t:iereon at the rate of 6.000% per
annum from September 18, 2006 plus costs.
fames C. arm, t,42524
MELT N, WEINBERG & REIS CO., L.P.A.
=36 eve th Avenue, Suite 2718
it -sbu gh, PA 15219
(41 ) -34-7955
?FA /12-338-71-30
04 888 C E Pit VOC
This law firm is a debt collector attempting to collect this debt for
cur client and any information obtained will be used for that purpose.
DIRECT MERCHANTS CREDIT CARD BANK
LAST STATEMENT DETAILS
ACCOUNT# 5410583901217214
HIGGINS , JOHN
11 HUMMEL AVE
CAMP HILL , PA 170115524
DATE OF LAST STATEMENT 30JUN2004 LAST STATEMENT BALANCE $12,896.68
DATE OF PREVIOUS STATEMENT 10MAY2004 PREVIOUS STATEMENT BALANCE $12,593.19
LAST STATEMENT FEES = $0.00 FEE BALANCE _ $2,969.20
CREDIT LINE _ $10,300.00 MERCHANT BALANCE _ $9,109.56
AVALABLEBALANCE = NONE CASHBALANCE _ $817.92
i!1SACJ10 N, s 1ib?331Y I19TEI b57 DAi&Tr }
CHARGE OFF TOTAL ACCT $12,896.68 30JUN2004 30JUN2004 C:
ACCOUNT# : 5410583901217214
MERCHANDISE APR : 29.99% LAST STATEMENT BALANCE : $12,896.68
CASH APR : 29.99% OVER LIMIT AMOUNT : $2,596.68
BARGE OFF
118114,
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' CAROMEMBER SERVICES
PO BOX 21650
TULSA OK 74121-1550
MAKE PAYMENTS PAYABLE TO: DIRECT MERCHANTS BANK
YOUR PAYMENT PON DIRECT REWARDS
CCOUNT NUMBER 5410 SBA! 0121 7214
STATEMENT NEW MINIMUM AMOUNT PAST PAYMENT MUST AMOUNT
DATE BALANCE PAYMENT DUE DUE BE RECEIVED BY ENCLOSED
04105104 12,265.55 1,546.00 1,239.00 05103104 }
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SEND PAYMENTS TO: 614
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PO BOX 17036 P
17011-5524
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BALTIMORE. MO 21297-0448
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DIRECT REWARDS
A VIEW OF YOUR RECENT CHARGES AND CREDITS Psy Onens, AeyMm www._d_kocbnarchaabbank.mn
TRANS POST REFERENCE
DATE DATE NUMBER DESCRIPTION CREOTTS DES
PURCHASES, CASH ADVANCES R FEES
07/10 03110 OVERLIMR FEE 99.00
OUOB 04" LATE FEE 99.00
'FINANCE CHARGE' PURCHASES $275.07 CASH ADVANCE 522.47 ja 10754
T WUR ANFNMw I WU NAPART - APRIL NOa
ACCOUNT AND PAYMENT INFORMATION CREW UK 9042RIIIATION
ACCOUNr NLAIM 54soem 12172u TOTAL CREW UWE $+0700 811M146
NEW BALANCE 1230M TOTAL AVAILABLE CREDIT 0 e 0.00
MNRIUM MTWIT DUE 10"40 CAW ADVANCE CREW ULIR' IQ= ANCEa • 0.00
ANOIROTFASTOUE 127041 CAW ADVANCE AVAILABLE cKwr - 0.00
PAYYEMTMMRE OVERLSITAWL04T "MEWS - 040
R1Cgww RY MAY 2, M4 'CNN ADVAMCE CREW uw ma" OTHER . 7040
PORTION OF YOM TOTAL FaNAIICE DOM ? 107.64
NEW BALANCE 1220040
CARDMEMBER SERVWAIWOM'
PAYMENT BY AY-CARD
FROM OUTSIDE THE U.S. CALL COLLECT: 884-807 WPARED-TDD CUSTOMERS CAW 677-802-0967
SEND PAYMENTS TO: PAYMEW C X 17508, BALTIMORE, NO 2i297-"a
MAIL INOUEUES TO. PO BOX 21650, TULSA, OK 74121-1680
NOTICE: SEE RIME WPORTANT TWORMATION.
PRIOR CAlgqbloM
AMOUNT STATEMENT
CE
PURCHASES
qkAOUW REDEEMED
,Rv EARNED 314CE 07/95
$994 0015 XPD 2 7 6 040408 E 2 Pepe 1 of 2
0.00
DAD
0.00
4.473.11
0.00
29.18
0800 3900 769P 01AK6994 83484
DIRECT REWARDS
ACCOUNT NUMBER 6410 56.19 01217214
A SUMMARY OF YOUR FINANCE CHARGES (EXCLUDING PROMOTIONAL OFFERS
NOMINAL NUMBER
AVERAGE DALY ANNUAL ANNUAL OF DAYS STATEMENT
DALY PEMODw PERCENTAGE FBIANCE PERCENTAGE IN BILLING CL03ING
BALANCE RATE RATE CHARGE RATE C-Y= DATE
PURCHASES 111N.38 ,06216 % 20.99% 278.07 29.911%
CASH ADVANCES 911.86 .88214 % 29.99% 21AT 20.M % 30 APR S. 2904
MAKING PAYMENTS BY PHONE 15 FAST AND EASY. JUST CALL
1-677-2-PAY-CARD - 24 HOURS A DAY 7 DAYS A WEEK
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5994 0015 XPD 2 7 6 040408 E X Page 2 of 2 8900 3900 768P 03A[5994 83484
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CARDMEMSER SERVICES
PO BOX 21550
TULSA OK 74121-1550
MAKE PAYMENTS PAYABLE TO: DIRECTMERCHANTS SANK
U PAYMENT COUPON DIRECT REWARDS
CCOUNT NUMBER 5410"012172114
STATEMENT NEW MINIMUM AMOUNTPAST PAYMENTMUST AMOUNT
DATE BALANCE PAYMENT DUE DUE BE RECEIVED BY ENCLOSED
05nao4 12,593.10 1.873.00 1,545.00 06104104 •`
Now address a.mal? CAeok bos See MWO SOL .. .. .. .
SEND PAYMENTS TO, IIGG S 7z514
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PAYMENT CENTER
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PO BOX 17036 M ILL P 17011-5524
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BALTIMORE, MD 21297-0448
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541058390121721400187300012593195
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DIRECT REWARDS
A VIEW OF YOUR RECENT CHARGES AND CREDITS Pad Calls. kWftw WWWA kIN4111a1910 sinat ank com
TRANS POST REFERENCE
DATE DATE NUMBER DESCRIPTION CREDITS GES
PURCHASES, CASH ADVANCES d FEES
'FINANCE CHARQE' PURCHASES $10201 CASH ADVANCE 112449 04 328.80
YOUR AGGOUNT BUBTMART - MAY 2OU4
ACCOUNT AND PAYMENT INFORMATION CRMT UNE BNFQRMATNNI
A00OUNr NUMBER 8410888081217114 TOTALOREDITUNE s1070D
NEW BALANCE /1Y1.M TOTAL AVAILABLE CREDIT 8
alum= PAYMENT DUE 1178.es CABNADVAPICECIUML1141E' 18]80
ANOINTPASTOUE 1a4a.0a CAN ADVANCE AVALABLE CREW 0
PAY119LT Nun am OVERLOaTAiKKW 2201.111
Klemm IV JUN 4.28" -CASH ADVANCE CMW UNIT ¦A
PORTIDR OF YOIN TOTAL CMW L M&*
ado
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4CEOIAROE ? 3nA0
BALANCE • IANCIB
CARDMEMBER SERVICE CENTER.-ISF76-7909
PAYMENT BY PHONE S77-2-PIPPINCARD
FROM OUTSIDE THE UB. CALL COLLECT: 604-997-4007 IMPAY ED-400 CUBTOMERB CALL 877-902-0987
SEND PAYMENTS T0: PAYMiNT 17036, BALTBSORE, MD 21287-0148
MAIL IWMMES T0: CARDM iiiS BOX 21818, TULSA, OR 74121-1569
NOTICE: SEE REVERSE MPORTANT INFORMATION,
PRIOR CASH
AMOUNT SAI
SNC E 07/96
5994 0076 XPD 2 7 6 040510 EX Page 1 of 2
OAO
0.00
0.00
4,473.11
0.00
29.15
8800 3900 768F DIAKS994 72683
DIRECT REWARDS
ACCOUNT NUMBER 5410 5M9 0121 T214
A SUMMARY OF YOUR FINANCE CHARGES (EXCLUDING PROMOTIONAL OFFERS
NOMINAL NUMBER
AVERAGE DAILY ANNUAL ANNUAL OF DAYS STATEMHNT
DAILY PERK101C PERCENTAGE FINANCE PERCENTAGE IN BILLING CLOSING
BALANCE __.. RATE RATE CHARGE RATE CYCLE DATE
PURCHASES 11488.09 .09213 % 21" % 38261 28.09 %
CASH ADVANCES 836.27 An16 % 20.80'6 24.68 Slit % 32 MAY 10, 2004
MAKING PAYMENTS BY PHONE M FAST AND EASY. JUST CALL
I-877-2-PAY-CARD - 24 HOURS A DAY 7 DAYSA 91EEK.
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6994 0076 XPO 2 7 6 040510 E X P46r 2 of 2 8800 3900 768P OIAK5994 72683
VERIFICATION
The undersigned does hereby verify subject to the penalties of
18 PA C.S. 4904 relating to unsworn falsifications to authorities that he is
Jeffrey Weyand, Authorized Agent of CACV of Colorado, LLC, plaintiff
herein, that he 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 knowledge, information and belief.
171 We and
This law firm is a debt collector attempting to collect this debt for our client
and any information obtained will be used for that purple.
WWR# OLAN OU3
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December 10, 2006 J? U(f -Fe A)`SC a?? 5 I?"4 t C'v
O?My name is John Higgins and I am appealing the lawsuit made against me under CACV
of Colorado (LLC) that says I owe $13,950.32, payable immediately. Due to
GoIO 0, circumstances beyond my control, my financial situation has changed drastically since I
had and used Direct Rewards credit card, account number 5410 5839 0121 7214.
I became disabled in November 2002 but then was laid off from my job of 24 years in
7 April 11, 2003. 1 have been officially and fully disabled under Social Security Disability
benefits since November 2002. That decision was made in March 2005.
Ul - My income is $1187. per month from Social Security and I have no other income. I do
not have any assets and I do not own a car, stocks, bonds, savings accounts, UW,
Q KEOGHS, or anything of monetary value. I have a few household possessions and my
o S personal clothing.
_ P? ?vly expenses per month are as follows:
$ 593. Rent c" V,
$ 40. Phone
$ 37. Electricity
$ 400. Groceries/Household Incidentals
$ 100. Transportation Costs
$1170 Total Monthly Expenses
I am living in a no-heat situation because I cannot afford to buy propane to heat where I
live. I have no way of getting a job and I cannot lower my monthly expenses any more
than I already have. Further, my credit has been ruined since I was laid off from my job
and I am unable to get a loan anywhere. I have no living relatives who could help me;
the only survivor is an elderly aunt with no resources of her own, so I cannot borrow
from family.
Being fully disabled with clinical depression and severe arthritis, I do not have the option
of trying to find employment to improve my situation. I try to live within my means and
do not have cable television or any extra amenities, and I do not spend anything on
recreation.
This is my defense in rebuttal of your lawsuit.
Respectfully,
John J. Higgins, Jr.
82 Linda Drive, Lot 3
Mechanicsburg, PA 17050
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06889 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CACV OF COLORADO LLC
VS
HIGGINS JOHN
RICHARD SMITH , Sheriff or Deputy Sheriff f
Cumberland County,Pennsylvania, who being duly sworn acco ing to law,
says, the within COMPLAINT & NOTICE was served upon
HIGGINS JOHN the
DEFENDANT at 1956:00 HOURS, on the 6th day of Dec' er , 2006
at 82 LINDA DR LOT 3
MECHANICSBURG, PA 17050 by handing to
JOHN HIGGINS
a true and attested copy of COMPLAINT & NOTICE tog+,Jher with
and at the same time directing His attention to the cont44s thereof.
before me this day D? uty Sherif
of A.D.
Surcharge 10.00 R. Thomas Kline
.00
35.92--' 12/07/2006
C7 WELTMAN WEIN13ERG REIS
Sworn and Subscibed to By:
Sheriff's Costs: So Answers:
Docketing 18.00
Service 7.92%???
Affidavit .Op s
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC,
Plaintiff,
vs.
JOHN HIGGINS,
Defendant.
Case No.: 06-6889-CIVIL TERM
MOTION FOR JUDGMENT ON
THE PLEADINGS
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin R. Bibler, Esquire
PA. I.D.#93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR No. 04317888
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC,
Plaintiff, Case No.: 06-6889-CIVIL TERM
VS.
JOHN HIGGINS,
Defendant.
MOTION FOR JUDGMENT ON THE PLEADINGS
AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co.,
L.P.A., and hereby files this Motion for Judgment on the Pleadings and respectfully moves this Court
pursuant to Pennsylvania Rule of Civil Procedure 1034 for judgment on the pleadings. In support thereof,
Plaintiff avers as follows:
1. This action arises out of the accumulation of credit card debt by Defendant.
2. Plaintiff filed a Complaint against Defendant seeking judgment in the amount of
$13,950.32 with continuing finance charges thereon at the rate of 6.000% per annum from September 18,
2006 plus costs. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a
part hereof.
3. Attached to the Complaint was Verification from an authorized representative of Plaintiff
verifying the accuracy of the amount sought. See Exhibit "A".
4. Defendant Pro Se filed an answer in response to the Complaint, admitting all of the
material facts pled in the Complaint and stating only that he has no means to pay. A true and correct copy
of Defendant's answer is attached hereto as Exhibit "B" and made a part hereof.
5. Financial inability to repay a debt is not a defense in an action to collect that debt.
WWR No. 04317888
6. Under Pennsylvania Rule of Civil Procedure 1029(b), the averments of the pleading to
which a response is required are deemed admitted when not denied specifically.
7. Defendant's answer contained no New Matter.
8. Under Pennsylvania Rule of Civil Procedure 1032(a), "a party waives all defenses and
objections which are not presented either by preliminary objection, answer or reply..."
9. The pleadings are closed and time exists to dispose of this Motion before trial.
10. No genuine issue of material fact exists as to Plaintiff's claim.
11. Plaintiff is entitled to judgment in its favor as a matter of law on the amount sought in the
Complaint.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order
directing judgment on the pleadings in favor of Plaintiff and against Defendant, John Higgins, in the
amount of $13,950.32 with additional interest at the legal interest rate of 6.000% per annum from
September 18, 2006 plus costs.
Respectfully Submitted:
Benjamin R. Bibler, Esquire
PA. I.D.493598
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR No. 04317888
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC
Plaintiff No: C>(.w - L pPg
%s
COMPLAINT IN CIVIL ACTION
JO!iN HIGGINS
Defendant FILED ON BEHALF OF
Plaintiff
COJNSEL 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
04317888 C E Pit VOC
X 14
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC
Plaintiff
vs. Civil Action No
JOII.i HIGGINS
Defendant
COMPLAINT AND NO`PICE 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 complain= and notice are served, by entering
a written appearance personally or by an attorney and filing in writing
?aitn 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, CACV OF COLORADO, LLC is a corporation with offices at
370 17TH S7=.,SUITE 5000 DENVER , CO 80202
2. Defendant is adult individual(s) residing at the address listed
below:
JOHN HIGGINS '
32 LINDA DR LOTS
MECHANICSBURG, PA 17050
3. Defendant applied for and received a credit card bearing the
accDunt number 5410583901217214 .
4. Defendant made use of said credit card and has a current balance
due of $13950.32 , as of September 18, 2006 .
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.
5. Plaintiff is entitled to the addition of interest at the rate of
6.000% per annum on the unpaid balance from September 18, 2006 . 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 , JOHN HIGGINS , INDIVIDUALLY , in the amount of
$13950.32 with continuing interest thereon at the rate of 6.000. per
annum from September 18, 2006 plus costs.
James C. armb t,42524
- LT , WEINBERG & REIS CO., L.P.A.
-236 eve th Avenue, Suite 2718
Pit sbu gh, PA 15219
(41 } . 4-7955
12-338-7130
04 888 C E Pit VOC
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.
ti
DIRECT MERCHANTS CREDIT CARD BANK
LAST STATEMENT DETAILS
ACCOUNT# 5410583901217214
HIGGINS , JOHN
11 HUMMEL AVE
CAMP HILL , PA 170115524
DATE OF LAST STATEMENT 30JUN2004
DATE OF PREVIOUS STATEMENT IOMAY2004
LAST STATEMENT FEES = $0.00
CREDIT LINE _ $10,300.00
AVALABLEBALANCE = NONE
CHARGE OFF TOTAL ACCT
MERCHANDISE APR : 29.99%
CASH APR : 29.99%
LAST STATEMENT BALANCE $12,896.68
PREVIOUS STATEMENT BALANCE $12,593.19
FEE BALANCE _ $2,969.20
MERCHANT BALANCE _ $9,109.56
CASH BALANCE _ $817.92
$12,8%.681 30MN2004 I 30MN2004 I CHARGE OFF
ACCOUNT* :5410583901217214
LAST STATEMENT BALANCE : $12,896.68
OVER LIMIT AMOUNT : $2,596.68
r
DIRECT REWARDS
CARDMEYBER SERVICES
PO BOX 21550
TULSA OK 74121-1550
MAKE PAYMENT'S PAYABLE TO: DIRECT MERCHANTS BANK
YOURPATNIENTC OUPON ACCOUNT NUIEER 5410 STLN 01217214
STATEMENT NEW UNINUM AMOUNTPAST PAYMENfNUST AMOUNT
DATE BALANCE PAYMENT DUE DUE $E RECEIVED BY ENCLOSED
041000,04 12,256.E 11546.00 1,IU.MD 05103104
a *m taamm er4tME1 Cfuet Box. an MVeRe 505. ' c { s . .. .
SEND PAYMENTS TO, SS 514
93494
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17011
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BALTIMORE, MD 21297-0448
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DIRECT REWARDS
A VIEW OF YOUR RECENT CHARGES AND CREDITS nw ONw Any&= wwwAka0mo?DhtMt6ank 000
TRANS POST REFERENCE
DATE DATE NUMBER DESCRIPTIDN CREDITS
PURCHASES, CASH ADVANCES i FEES
39.00
0311D WHO OVERLIWr FEE
39-08
04106 04" LATE FEE
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'FINANCE CHARGE' PURCHASES 5276.07 CASH ADVANCE SZL47 29754
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ACCOUNT AND PAYMENT 1WOMA70M CREW LMIE WMMATION
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PAYMENT BY
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SEND PAYMENTS TO: PAYMENT
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PRIOR
AMOUNT STATEMENT
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REDEEMED
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ACCOUNT NUMBER $410 S930 01217214
A SUMMARY OF YOUR FINANCE CNARGO (EXCLUDING PROMOTIONAL O
HOMBUL NUMBER
AVERAGE DALY ANNUAL ANMUAI. OF DAYS STATEMENT
DAIY PERIOCIC PERCENTAGE FIIA NCII PERCENTAGE IN BILLING CLOSING
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PURCHASES 11161.m OUTS % 21.09% 27 LOT 28.110%
CASH ADVANCES 911A6 A6218 % 29.99% 2L 47 29.89 % 30 APR S. 2DD4
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HAKE PAYMENTS PAYABLE TO: DORECTNERCHAKrS BANK
DIRECT REWARDS
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vBTATEMENT -- -NEW MBLMUII AMOUNT PAST PAYMENT MUST AMOUNT
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A SUMMARY OF YOUR FINANCE CHARGES MXCLUDBIO PROMOTIONAL O FFERS
AVERAGE DAILY NOMINAL
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ANWAL OF DAYS STATEMENT
DAILY PERIODIC PERCENTAGE FRMANCE ?ERC®fiA4S! M DU MN6 CLOEINO
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CASH ADVANCES exx A8215% 2&.110 S 2159 2L8 % 72 WAY t0, 2904
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VERIFICATION
The undersigned does hereby verify subject to the penalties of
18 PA C.S. 4904 relating to unsworn falsifications to authorities that he is
Jeffrey Weyand, Authorized Agent of CACV of Colorado, LLC, plaintiff
herein, that he 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 knowledge, information and belief.
Jeffrey We and
WWR# OH 31l c )b
L? f Page 1 of 1
^. coos + ... c'?q.S o ' C,z(nIX
Deocmber lo, 2006 t ! jF-ep A)S
f:-IAy name is Jolm Mggins and I am appealing the lawsuit made against me under CAC
of Colorado [LLCM that says I owe $t3,950.37, payable immediately. Due to
? I4 0 f circumstances beyond my control, my f&at CW situations has changed drastically since
had and used Direct Rewards credit card, aooaunt number 5410 5839 01217214,
I became diaabled in November 2002 but that was laid off from my job of 24 years in
April 11, 2003. I have been officially and fully disabled under Social Ssauity Disabili
ben6 its since November 2002. That decision was made in March 20x5.
V2? - My income is $1187. per month ffm Social Security and I have no other income. I do
t - not have any asmsc and I do not own a car, stoc*& bondk savings aomvunts, nUa,
I EOWS, or artything of monetary value. I have ar flew household possessions and my
??,O 5persostai clothing.
?A y expenses per month are as follows: r
3 593. Rent V;
40. Phone
S 37, Electricity
$ 400. GwcerieslHousehold Incidentah
$ 100. T'ransportation Costs
$1170 Total Monthly Expenses
I am living in a no-beset situation boo m+e I cannot afkrd to buy propane to heat where
live. I have no way of Setting a job and I cannot lower my monthly expenses any more
tharn I already have, feather, my edit has been ruined since I was laid of flrom my jd
and I ant unable to get a loam amyw1we. I We w living relatives who could help me;
the ordy survivor is an elderly aurrt with no resouraei of her oven, so I cannot borrow
from family.
Beigg frilly disabled with clinical dgwnslan and scam arthritis, I do not have the opti+
oftrying to find employment to improve my situa titais. I try to live within my means an
do not have cable television or any extra amenities, ad I do not spend anything on
recrention.
This is my defense in rebuttal of your lawsuit.
Respectfully,
John 7. Higgins, Jr.
http://records.ccpa.net/weblink_public/ImageDisplay.aspx?cache=yes&sessionkey=WLIm... 2/13/2007
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this
Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the
Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within
the time allowed for filing of this Motion, and that the facts set forth in the foregoing Motion are true and
correct to the best of his knowledge, information and belief.
Attorney for Plaintiff
WWR No. 04317888
CERTIFICATE OF SERVICE
A true and correct copy of Plaintiff's Motion for Judgment on the Pleadings has been served by
U.S. Mail, Postage Pre-Paid, on 7 day of 2008, upon the
following:
John Higgins
82 Linda Dr Lot3
Mechanicsburg,Pa 17050
BY:
&:?2t
Benjamin R. Bib er, Esquire
PA. I.D.#93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR No. 04317888
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC,
Plaintiff, Case No.: 06-6889-CIVIL TERM
VS.
JOHN HIGGINS,
Defendant.
ORDER OF COURT
AND NOW, to-wit, this day of , 2008, upon
Plaintiffs Motion for Judgment on the Pleadings, IT IS HEREBY ORDERED, ADJUDGED AND
DECREED that said Motion is GRANTED and Judgment is entered in favor of Plaintiff in the amount of
$13,950.32 with additional interest at the legal interest rate of 6.000% per annum from September 18,
2006 plus costs.
BY THE COURT
J.
WWR No. 04317888
C'7 P-0
? Q
"C
i
v
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
vy7r
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated in full)
CAC V 4 co)0/ 0/Jo, LU,
( Plaintiff )
VS.
D ?fj
(Defendant)
No. pd - IW Civil 2??eC4, 0
1. State matter to be argued (i.e., plaintiff's motion f r new trial, defendant's
demurrer to complaint, etc. : rr rr rr
Pc?Q` •?is (yA &,-J 0,4 .
2. Identify counsel who will argue case:
? ??,?; R. B ,I/,,
(a) for plaintiff: ???wr
Address : ) YO 0 K,?,j B (?f y76 7
0 Ws b,,,,y 1,, PA , IS-Z-14
(b) for defendant: (Pr, -- Sc) T k,
Address: $ 2 L, r?LG ?r0.? Lo 3. I will notify all parties in writing within two days that this case has
been listed for argument. Vr)
Y eJ
4. Argument Court Date: Af ri,
1. 141 20 off
;?- /2,
_ . _ , Attorney for , 71:",. ?; ??+
CERTIFICATE OF SERVICE
A true and correct copy of the Praecipe For Listing Case For Argument has been
served by First Class Mail, postage pre-paid, on I day of , 2008 upon
the following:
John Higgins
82 Linda Dr Lot3
Mechanicsburg,Pa 17050
By:
C? C=
?
to
i y= Can
rrl
rF { {?
CACV OF COLORADO,
LLC,
Plaintiff
V.
JOHN HIGGINS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-6889 CIVIL TERM
IN RE: PLAINTIFF'S MOTION FOR
JUDGMENT ON THE PLEADINGS
BEFORE HESS, OLER and GUIDO, JJ.
ORDER OF COURT
AND NOW, this 17`h day of April, 2008, upon consideration of Plaintiff's
Motion for Judgment on the Pleadings, it is ordered and directed that said motion
is granted and judgment is entered in favor of the Plaintiff in the amount of
$13,950.32, with additional interest at the legal rate of 6.00% per annum from
September 18, 2006, plus costs.
Z BenJ'amin R. Bibler, Esq.
WELTMAN, WEINBERG &
REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Attorney for Plaintiff
John Higgins
82 Linda Drive, Lot 3
Mechanicsburg, PA 17050
Defendant, Pro se
?/?? fog
J.
BY THE COURT,
IS = 9 I W v 91 UY 0001
S ??
.-0
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC,
Plaintiff
vs.
JOHN HIGGINS
Defendant.
Case No.: 06-6889 CIVIL TERM
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendants
( ) Garnishee
You are hereby notified that the following Order or Judgment was
entered against you on Q"?&-
(xx) Assumpsit Judgment in the amount
of $13,950.32, plus interest at 6.00% per annum from
September 18, 2006, 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
(xx) Court Order
( ) Non-Pros
( ) Confession
( ) Default
( ) Verdict
( ) Arbitration Award
( ) By Consent
JOHN HIGGINS
82 LINDA DR LOT 11
MECHANICSBURG,PA 17050
THIS IS AN ATTEMPT TO COLLECT A DEBT
USED FOR THAT PURPOSE.
Prothonotary
By: / ae-,14 k
PROTHONOTARY (OR DEPU u?(
AND ANY INFORMATION OBTAINED SHALL BE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC,
Plaintiff
Case No.: 06-6889 CIVIL TERM
TYPE OF PLEADING
vs.
PRAECIPE FOR JUDGMENT
PER ORDER OF COURT
JOHN HIGGINS
Defendant.
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
THIS IS AN ATTEMPT TO COLLECT A DEBT
USED FOR THAT PURPOSE.
Patrick Thomas Woodman, Esquire
PA I.D.04507
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR # 04317888
$13,950.32
AND ANY INFORMATION OBTAINED SHALL BE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC,
Plaintiff Case No.: 06-6889 CIVIL TERM
VS.
JOHN ffiGGINS
Defendant.
PRAECIPE FOR JUDGMENT
TO THE PROTHONOTARY:
Pursuant to Pa.R.C.P. 237, I certify that a copy of this Praecipe has been mailed to each other
party who has appeared in the action or to his/her Attorney of Record.
In light of the Court Order granting Judgment on the Pleadings in favor of Plaintiff on April 17,
2008, kindly enter Judgment against the Defendant, JOHN HIGGINS, in the amount of $13,950.32
computed as follows:
Amount Awarded per Order: $13,950.32
Interest from September 18, 2006,
at the legal rate of 6.00% per annum: $0.00
TOTAL:
$13,950.32
Attached is a copy of the Court Order in favor of Plaintiff for Judgment.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
By: '{ a-^.k 1u oA (,bW#j-
Patrick Thomas Woodman, Esquire
PA I.D.#34507
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
Plaintiff's address is:
c/o Weltman, Weinberg & Reis, Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219
And Defendant's address is: 82 LINDA DR LOT 11 , MECHANICSBURG,PA 17050
10 .
CACV OF COLORADO, IN THE COURT OF COMMON PLEAS OF
LLC, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. CIVIL ACTION - LAW
JOHN HIGGINS,
Defendant NO. 06-6889 CIVIL TERM
IN RE: PLAINTIFF'S MOTION FOR
JUDGMENT ON THE PLEADINGS
BEFORE HESS, OLER and GUIDO, JJ.
ORDER OF COURT
AND NOW, this 17`h day of April, 2008, upon consideration of Plaintiff's
Motion for Judgment on the Pleadings, it is ordered and directed that said motion
is granted and judgment is entered in favor of the Plaintiff in the amount of
$13,950.32, with additional interest at the legal rate of 6.00% per annum from
September 18, 2006, plus costs.
J
Benjamin R. Bibler, Esq.
LTMAN, WEINBERG &
,AEIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Attorney for Plaintiff
John Higgins
82 Linda Drive, Lot 3
Mechanicsburg, PA 17050
Defendant, Pro se L4 2))
*? V
BY THE COURT,
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to
the Praecipe attached are not members of the Armed Forces of the United States or any other military or
non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned
further states that the information is true and correct to the best of the undersigned's knowledge and belief
and upon information received from others.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: a ck (?, W"64 LkU)bri--
Patrick Thomas Woodman, Esquire
PA I.D.#34507
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04317888
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