Complaint Against James McNeile and Andrew Duncan [May 16, 2016]

8/16/2019 Complaint Against James McNeile and Andrew Duncan [May 16, 2016]

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May 16, 2016 case number 2016LM130P in Crawford County in Pittsburg Kansas

OFFICEOF DISCIPLINARYADMINISTRATOR

FIRSTFLOOR

701 Jackson St.

Topeka, Ks66603

Case number 2016LM130P in Crawford County

Complaint on Andrew M. Duncan 26283 and James M. McNeile 13044 of 4601 College Blvd.

Ste. 200 Leawood Ks 66211

Attorneys Andrew Duncan and James McNeile are harassing me and trying to take my social

security even though it can not be garnished for consumer debt under K.S.A. 60-2308. They

are lying to the tribunal which is not allowed under KRPC Rule 3.3 and representing a frivolous

claim under KRPC Rule 3.1. Cohen, McNeile & Pappas, P.C. has purchased the claim against

me in the above case from DISCOVER and they are hiding as the attorney when they are the

real party of interest and the alleged debt in question in this case has already been CHARGED

OFF turned in as a PROFIT/LOSS INSURANCE WRITE OFF and was previously sold for

pennies on the dollar to NORTHSTAR LOCATION SERVICES LLC back on June 5,2014.

The insurance records for DISCOVER will prove this once I subpoena them under business

subpoenas K.S.A. 60-245a in DISCOVERY if the above mentioned attorneys do not want to

SETTLE this case with me and I drop my counterclaim and they drop their claim against me

when they are the real parties of interest .

I feel the above mentioned attorneys have violated KRPC Misconduct Rule 8.4 and KRPC Rule

1.5 Fees(a)(1)(2)(3)(4)(5)(6)(7)(8)(b)(c)(d)(e)(f)(1)(2)(3) by not having a proper signed fixed

contract with DISCOVER and never letting me know if the fee is fixed, hourly, or by

contingency which is not allowed in certain cases. It should be a conflict of interest for them to

represent DISCOVER because I plan to subpoena James McNeile and Andrew Duncan to

testify in this case under oath to ask them where the BILL OF SALE is from Discover to

NORTHSTAR LOCATION SERVICES LLC and from NORTHSTAR LOCATION SERVICES

LLC to COHEN, MCNEILE PAPAS, P.C. who I think is the debt collector now and the real

party of interest and they have purchases the claim in this case for PENNIES ON THE

DOLLAR and that is why they don't want to produce the BILL OF SALE PURCHASER

AGREEMENT IN THIS CASE .

Please investigate this matter and find out when Discover card sold this claim and why Cohen,

McNeile Papas is pretending to be their attorney when they are the holder of the debt now

and why they are planning to garnish my social security which is not allowed.

Larry Eddington, 311 W. Radley Ave., Radley, Ks 66762

~Vi


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Crawford County Dist rict Court Pittsburg)

ROA Report

Case: 2016-LM-000130-P

Current Judge: A J Wachter

Discover Bank C/O Discovery Products Inc vs. Larry WEddington

Date:

5 1 7 20 16

Time: 09:29 AM

Page 1 of 1

Date

User: KV

Seller Plaintiff (Debt Collection)

Judge

4 4 2016

4 5 2016

4 22 2016

4 25 2016

4 29 20 16

5 9 2016

Petition Filed A J Wachter

Document 10 Number: 313569

Service Instruction Form A J Wachter


Summons Issued to Crawford County SO A J Wachter


Summons Served/Returned personal service on

04 2 1 1 6

A J Wachter


Answer to Petition and Counter Claim filed by Defendant. A

Wachter

Document

Number: 316282

Email Sent Date:

04 2 9 201601:38

pm To: [email protected] File A J Wachter

Attached: SUMMONSRETURNED,PERSONALSERVICE.pdf Name of

Document: Summons Returned, Personal Service

Email Sent Date:

04 29 20 16

01:38 pm To: [email protected] File A J Wachter

Attached: ANSWERANDCOUNTERCLAIMBYDEFENDANT.pdf Name of

Document: Answer and Counter Claim by Defendant

Plaintiffs Motion To Dismiss Defendants Counterclaim and Motion to Strike A J Wachter

Document

Number: 317865


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4285 Genesee Street

Cheektowaga, NY 14225-1943

NORTHSTAR

LOCATION SERVICES, LLC

1-866-224-9825

Hours Mon-Thurs 8AM-1OPM ET,

Fri 8AM-8PM ET, Sat 8AM-2PM ET

June 5, 2014

Creditor

Discover Bank

o u n t

#

************ 4908

Balance

$16,248.22

Amount Remitted

201400000377871-L T1 1MB *A-01-07J-AM-05969-21

, 1 1 1 1 , 1 , I l l d l l l , I I I I 1 I I l d 1 I 1 I , I t , , , , I t I l I , I I 1 1

LARRY WEDDINGTON

311 W RADLEY AVE

RADLEY KS 66762-8560

I}W

~

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

NORTHSTAR LOCATION SEFlVICC:S, LLC

ATTN: FINANCIAL SERVICES DEPT.

PO BOX 49

BOWMANSVILLE NY 14026-0049

. T . c : _ t ? 0 . ~ 1 t? J ? P J .. ~ _ q ~ f ? _ c j t _ ~ f? ~ ~ _ ~ ~ ~ J ? . f :t . ~ f f ) _ - . y ~ X f 1 .. p . ? y . - I ? · .

~ ~ ~

Credi tor

Discover Bank

************4908

Balance

$16,248.22

o u n t

Amount Remi

The above account has been referred to our office by Discover Bank. Your account is listed as delinquent with a total am

due of $16,248.22.

This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used fo r

purpose.

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of the debt or any portio

thereof, this office will assume this debt to be valid. If you notify this office in writing within 30 days of receiving this notice

you dispute the validity of this debt or any portion thereof, this office will obtain verification of the debt or a copy of a judqr

and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this

notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.

To make paying your account more convenient we offer the following payment options:

• Check-by-phone at 1-866-224-9825 • Web Pay at www.gotonls.com

• MoneyGram ExpressPayment • Pay in person at our office

• Credit or Debit Card • Enclose your payment in the envelope

You may contact a Northstar Account Representative toll free at 1-866-224-9825 to make your payment.


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LAW OFFICES OF

O H N

M cNE I L E P P P S P C

JA M E S h1 .

McNEILE

G RE GO R Y

j.

P A P P A S

AUSTIN

B .

HAY D EN

ANDRE W M .

D U N C AN

K A T H R Y N E . K E L L Y

JO SH UA R . W ES T BER G

4601 College Boulevard, Suite 200· Leawood Executive Center· Leawood, KS66211-1650

(913) 469-2958· Fax (913) 491-3059·1-844-792-5148

Internet: www.cmnlaw.net

O F C O U N

C LIF F OR D A. C

ED W A R D

A. GILKER

W . JA C K P

November 13, 2015

jAD~ IT TED ONL Y IN K

*AOMiTrEO ON LY IN MIS

ALS O

ADMITrEO IN

IL

ALL

O TH E R S

Af)MITrF.O IN

K A N S A S A Nn

MIS

. Larry WEddington

31 1 W Radley Ave

Radley, Kansas 66762~8560

RE: Larry WEddington's

Account balance with: Discover Bank

BALANCE: $16,248.22

Dear Larry WEddington:

This is to notify you that Discover Bank has retained this firm to collect its claim against you for the

balance owing on your Discover Card account. Weare hereby making demand upon you to contact us for

payment ofthis debt. If you are on active duty in the military, please provide us with written documentation

to that effect.

This communication is from a debt collector and is an attempt to collect a debt. Any information

obtained will be used for that purpose. Unless you notify us within thirty (30) days after receipt of this letter

that the validity of this debt, or any portion of it, is disputed, we will assume that the debt is valid. If you

notify us in writing of a dispute within the thirty (30) day period, we will obtain verification of the debt and

mail it to you. Further, upon your written request within thirty (30) days, we will provide you with the name

and address of the original creditor if different from the current creditor.

SinceJel ,

cotk MCNEILE PAPPAS PC.

Ja~S tv' eli

91t469 2958

DVV 15-10992-0 CORRESP-0514-14

XXXXXXXXXXXX4908


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ansas r.oll ctiun Laws

8{9{11

age garnishment

The most cornmon method used b y judgment-creditors to enforce judgments is wage garnishment, in wh

a judgment creditor would contact the debtor's employer and require the employer to deduct a certain

portion of the debtor's wages each pay period and send the money to the creditor. However, several state

including Texas, Pennsylvania, North Carolina, and South Carolina, do not allow wage garnishment for

enforcement of most judgments. In several other states, such as New Hampshire, wage garnishment is n

the preferred method of judgment enforcement because, although possible, it is a tedious and time

consuming process for creditors.

In most states, creditors are allowed to garnish between 10% and 25% of your wages, with the percentag

allowed being determined by each state.

Kansas garnishment rules are found in Kansas Chapter 60 Article 7. In Kansas law, Garnishment is a

procedure whereby the wages, money or intangible property of a person can be seized or attached pursua

to an order of garnishment issued by the court under the conditions set forth in the order. Kansas follow

federal limits for garnishment (60-734). See the Dept. of Labor's Employment Law Guide - Wa.~e

Garnishment and the Dept. of the Treasury's Answers About Garnishments. Municipal and state employe

may be garnished.

Garnishment of Social Security benefits or pensions for consumer debt is not allowed under Kansas or

federal law (Kansas 60-2308). ciarmshIrient of Social Security and pensions may be allowed for child

support.

-f)ffeNOPrNT -re(.c~v S

r/)~c:·£ ...

Se ..Cvr-;i 7

(~ - . 1er:

Generally speaking, 401(K) or other retirement funds are exempt from garnishment. It is advisable to hav

those funds deposited into a separate bank account to ensure financial accounting if you are concerned ab

garnishment on those payments.

If you reside in another state, see Advice on Judgment Garnishment to learn more about wage garnishmen

evy bank accounts

A levy means that the creditor has the right to take whatever money in a debtor's account and apply the

funds to the balance of the judgment. Again, the procedure for levying bank accounts, as well as what

amount, if any, a debtor can claim as exempt from the levy, is governed by state law. Many states exemp

certain amounts and cert~in types of funds from bank levies .,so a debtor should review his or her state's

laws to find if a bank account can be levied. In some states levy is caIIed attachment or account

garnishment. The 'names may vary but theconcept is the same.

In Kansas, levy law is intertwined with garnishment law. Property can be attached (garnished) in Kansas

under Kansas Chapter 60 Article 7. Intangible property, such as accounts receivables, can be garnished (6

732). Funds held by a financial institution can be garnished as well (60-733).

ien

Complaint Against James McNeile and Andrew Duncan [May 16, 2016]

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