HomeMy WebLinkAbout03-1637IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNYSLVANIA
CIVIL DIVISION
The RecovAR Group LLC,
Plaintiff, )
)
v. )
)
Patricia Fisher a/k/a M P Fisher a/k/a M Patricia )
Fisher a/k/a Patricia M. Fisher a/k/a Patricia Ann)
Fisher individually and dPo/a New Direction )
Sports d/b/a ND Sports, )
)
Defendant. )
)
)
)
)
)
)
)
)
)
)
Type of Pleading: Complaint in Civil
Action
Filed on Behalf of Plaintiff.'
The RecovAR Group, LLC
Counsel of Record for this Party:
Linda A. Michler, Esquire
Pa. I. D. No. 53518
7228 Baptist Road, #175
Bethel Park, PA 15102
(412) 854-4315
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 is
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 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 fights 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
The RecovAR Group LLC, )
)
Plaintiff, )
)
v. )
)
Patricia Fisher a/k/a M P Fisher a/k/a M Patricia )
Fisher a/k/a Patricia M. Fisher a/k/a Patricia Ann)
Fisher individually and d/b/a New Direction )
Sports d/b/a ND Sports, )
Defendant. )
No.
COMPLAINT IN CIVIL ACTION
1. Plaintiff is The RecovAR Group, LLC, as assignee of United Parcel Service
("LIPS"), having an address of 11821 Parklawn Drive, Rockville, Maryland.
2. Defendant, Patricia Fisher a/k/a M P Fisher a/k/a M Patricia Fisher a/k/a Patricia M.
Fisher a/k/a Patricia Ann Fisher individually and d/b/a New Direction Sports dgo/a ND Sports, is
an adult individual, having a last known address at 3504 Raintree Lane, Mechanicsburg,
Cumberland County, Pennsylvania.
3. At the special instance and request of Defendant and in a continuing course of
business from December 23, 2000 through July 28, 2001, UPS sold and delivered to Defendant
certain shipping services, in the total aggregate amount of $4,119.77, as is more specifically
shown by UPS' Statement of Account, tree and correct copies of which is attached hereto marked
Exhibit "A".
4. Defendant received and accepted the aforementioned services.
5. The prices charged were the customary and usual prices, and Defendant agreed to
pay.
6. A tree and correct copy of the Assignment of Accounts Receivable from UPS to
Plaintiff is attached hereto marked Exhibit "B" and made a part hereof.
8. Plaintiff avers that the balance due by Defendant mounts to $4,119.77, as evidenced
by UPS' Statement of Account (Exhibit "A").
9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed
and refused to pay the aforesaid remaining balance, or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendant, Patricia Fisher a/k/a M P
Fisher a/k/a M Patricia Fisher a/k/a Patricia M. Fisher a/k/a Patricia Ann Fisher individually and
d/b/a New Direction Sports d/b/a ND Sports, in the amount of $4,119.77, together with
and costs, including but not necessarily limited to costs of
appropriate interest, late fees,
collection and attorney fees.
Date~ ~/ , 2003
Linda A. Michler, Esquire
Attorney for Plaintiff, The RecovAR Group, LLC
Pa. ID # 53518
7228 Baptist Road, #175
Bethel Park, PA 15102
(412) 854-4315
Account:
Name:
United Parcel Service
General Information. (Gi
4754W5
Patricia Fisher
D/B/A New Direction Sports d/b/a ND Sports
3504 Raintree Ln
Mechanicsburg, PA 17050
Phone:
Balance:
(717) 728-9601
$4,119.77
Invoice No.
00004754W5520
00004754W5530
00004754W5011
00004754W5021
00004754W5041
00004754W5051
00004754W5061
00004754W5071
00004754W5081
00004754W5091
00004754W5101
00004754W5111
00004754W5121
00004754W5131
00004754W5141
00004754W5151
00004754W5161
00004754W5171
00004754W5181
00004754W5211
00004754W5221
00004754W5231
00004754W5241
00004754W5251
00004754W5261
00004754W5271
00004754W5281
00004754W5291
00004754W5301
W/E
Date
12/23/00
1 2/30/00
1/6/01
1/13/01
1127/01
2/3/01
2/10/01
2/17/01
2/24/01
3/3/01
3/10/01
3/17/01
3/24/01
3/31/01
4/7/01
4/14/01
4/21/01
4/28/01
5/5/01
5/12/01
5/26/01
6/2/01
6/9/01
6/16/01
6/23/01
6/30/01
7/7/01
7/14/01
7/21/01
7/28/01
ml'~ns
Type
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Adj
Type
1
1
1
1
1
1
1
1
1
Total
Amount
$2,024.34
$253.54
$149.95
$143.06
$312.38
$21.54
$74.87
$63.43
$55.59
$32.84
$73.38
$43.89
$25.30
$68.90
$65.02
$110.08
$73.38
$23.27
$38.62
$33.57
$54.46
$17.01
$46.33
$62.80
$22.23
$114.59
$32.57
$24.25
$36.14
$22.44
$4,119.77
ASSIGNMENT OF ACCOUNT(S) RECEIVABLE
Effective D~e:$une 19, 2002
This Assignment Of Account(s) Receivable is made by and between The RecovAK
Cn'oup, LLC ("RecovAR") and United Parcel Service, Inc. ("UPS") effective on the date
first wrkten above.
WHEREAS, Each of the debtors identified ("Debtor") on the Schedule to Assignment of
Account(s) Receivable (the "Schedule") attached hereto is currently indebted to UPS for
the amount(s) indicated for each on the Schedule together with allowable interest,
attorneys' fees and costs, where applicable, for services rendered and/or goods provided
by UPS to Debtor (the "Debt");
WHEREAS, The Debt is not subject to offset, counterclaims or just grounds of defense;
WHEREAS, UPS wishes to sell a_nd RecovAR wishes to purchase the Debt; and,
NOW THEREFORE, For good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, UPS does hereby irrevocably assign, set over and
transfer to RecovAR all rights, title and interest to the Debt.
FOR:
THE RECOVAK GROU~ LLC
Vice Presidem of Operations
The ReeovAK Group, LLC
11821 Parklawn Drive, Suite 310
Roctcville, MD 20852
UN1TED~V1CE, 1NC.
Paul Gallois or Kevin Donahue
Corporate Credit
United Parcel Service, Inc.
55 CrIenlake Parkway, NE
Atlanta, GA 30328
SCHEDULE
TO
Assignment of Account(s) Receivable
I Debtor I
Patricia Fisher a/k/a M P Fisher a/k/a M
Patricia Fisher a/k/a Patdcia M Fisher
a/k/a Patricia Ann Fisher individually
and d/b/a New Direction Sports d/b/a
ND Sports
Original Balance
$4,119.77
Payments Credited
rAccount Receivable
Purchased (Debt)
$4,119.77
Schedule to UPS Assignment1 1 of 1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
The RecovAR Group LLC,
Plaintiff,
)
v. )
)
Patricia Fisher a/k/a M P Fisher a/k/a M Patricia)
Fisher a/k/a Patricia M. Fisher a/k/a Patricia Ann)
Fisher individually and d/b/a New Direction )
Sports d/b/a ND Sports, )
)
Defendant. )
No.
VERIFICATION
The Undersigned verifies that the facts set forth in this complaint are tree and
correct to the best of my knowledge, information, and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to
unswom falsification to authorities.
I am duly authorized to make this verification on behalf of The RecovAR Group,
LLC because of my position as V ¢ ~
,2003
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01637 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RECOVAR GROUP LLC
VS
FISHER PATRICIA AKA MP FISHER
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
FISHER PATRICIA AKA MP FISHER AKA M PATRICIA FISHER AKA PATR the
DEFENDANT
at 3504 HAINTREE LANE
, at 1445:00 HOURS, on the 14th day of April , 2003
MECHANICSBURG, PA 17055
by handing to
PATRICIA FISHER
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 18.00
Service 9.66
Affidavit .00
Surcharge 10.00
.00
37.66
Sworn and Subscribed to before
me this ~3,~ day of
~ ~ A.D.
v PYothonotary '
So Answers:
R. Thomas Kline
04/15/2003
LINDA MICHLER
By:
/~ ~puty S%heriff
' - SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01637 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RECOVAR GROUP LLC
VS
FISHER PATRICIA AKA MP FISHER
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
FISHER PATRICIA DBA NEW DIRECTION SPORTS DBA ND SPORTS the
DEFENDANT , at 1445:00 HOURS, on the 14th day of April
at 3504 P~AINTREE LANE
, 2003
MECHANICSBURG, PA 17055
PATRICIA FISHER
by handing to
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 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this 2~ . day of
~-~ ~3 A.D.
' ;Prof~0nO'~ar~
So Answers:
R. Thomas Kline
04/15/2003
LINDA MICHLER
puty S-he~.f~f-
IN THE COURT OF coMMON pLEAS OF cijMBERLAlqD coUlqTY pEN-blYSLYAIN1A
cML DIVISION
) No. 03.163'/-ci¥il
The ReCOVAR Group LLC, )
)
Plaintiff, )
)
~.
a/ida M Patricia )
patricia Fisher a/ida M P Fisher · Ann)
Fisher a/Ida Patricia M. Fisher a/ida Patrima
Fisher individually and d/b/a lqew Dixection )
)
Sports d/b/a ~D sports, )
Defendant.
)
)
)
)
)
of Pleading'- praecipe to
Type and Discontinue Action
Settle
without Prejudice
Filed on Behalf of Plaintiff:
The RecovAR Group, LLC
)
)
)
)
)
Counsel 'of RecOrd for this party:
Linda A. Michler, Esquire
Pa. I. D. No. 53518
7228 Baptist Road, #1'/5
Bethel park, PA 15102
(412) 854-4315
Da~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
The RecovAR Group LLC,
Plaintiff,
)
v. )
)
Patricia Fisher a/k/a M P Fisher a/k/a M Patricia )
Fisher a/k/a Patricia M. Fisher a/k/a Patricia Ann)
Fisher individually and d/b/a New Direction )
Sports d/b/a ND Sports, )
)
Defendant. )
No. 03-03-1637-civil
PRACIPE TO SETTLE AND DISCONITNUE ACTION
WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly settle and discontinue this matter without prejudice.
Date: April 26, 2003
Linda A. Michler, Esquire
Attorney for Plaintiff, The RecovAR Group, LLC
Pa. ID# 53518
7228 Baptist Road, #175
Bethel Park, PA 15102
(412) 854-4315