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Home My WebLink About07-1577 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CSGA, LLC CIVIL ACTION - LAW 475 Market Street Elmwood Park, NJ 07047 Plaintiff NO. V. LC--F" John R Waters 111 Bucher Hill Rd, Apt 3 Boiling Springs, PA 17007 Defendant NOTICE TO DEFEND YOU have been sued in Court. If you wish to defend against the claim 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166; (800) 990-9108 BRJNSON & MIGLIACCIO, LLP By Jordan W. Felzer, Esquire At rney ID # 38670 jfelzer@lobmlaw.com Three Neshaminy Interplex, Suite 301 Trevose, PA 19053 Telephone (800) 834-4066 CIVIL ACTION - COMPLAINT Plaintiff, CSGA, LLC, as Assignee of HOUSEHOLD CARD SERVICES, by and through its attorneys, Bronson and Migliaccio, LLP, represents as follows: 1. Plaintiff, CSGA, LLC, is a limited liability company organized and existing under the laws of the State of New York with a principal place of business at 475 Market Street, Elmwood Park, New Jersey 07047. 2. Defendant, John R Waters, is an adult individual residing at 111 Bucher Hill Rd, Apt 3, Boiling Springs, Pennsylvania 17007. 3. Plaintiff, CSGA, LLC, purchased certain accounts from HOUSEHOLD CARD SERVICES, along with all rights pertaining thereto, and is the lawful successor-in-interest on those certain accounts, including an account belonging to the Defendant as more specifically described below. COUNT I - BREACH OF CONTRACT CSGA, LLC v. John R Waters 4. Defendant entered into an agreement for an extension of credit with HOUSEHOLD CARD SERVICES under a revolving charge account issued in the name of the Defendant bearing account number 5408010002872188, whereby Defendant would from time to time be advanced credit for purchases or expenditures in exchange for the promise to repay funds so utilized at an agreed upon rate of interest. 5. There is a principal balance due and owing on the account in the amount of $7,235.42 plus accrued interest. A statement of account is attached hereto and marked as Exhibit "A" and is incorporated herein by reference. 6. Plaintiff has made demand upon the Defendant for payment. More specifically, a written demand was made at least thirty (30) days prior to the filing of this Complaint. 7. Defendant is in breach of the terms of the agreement for the extension of credit and has neglected and refused to pay the outstanding balance. No recent payments have been received on the account. WHEREFORE, Plaintiff CSGA, LLC respectfully requests judgment against the Defendant, John R Waters, in an amount not exceeding the limits for mandatory arbitration, as follows: a. The principal sum of $7,235.42, plus; b. Interest accrued in the amount of $3,285.61; C. Costs and interest at the legal rate; or d. For such other and further relief as this Court deems just and proper. COUNT II - UNJUST ENRICHMENT CSGA, LLC v. John R Waters 8. Plaintiff hereby incorporates paragraphs one through seven above as though more fully set forth at length hereinafter. 9. The principal balance of $7,235.42 represents the reasonable value of goods and services, the benefit of which is inured to the Defendant at the expense of HOUSEHOLD CARD SERVICES, creating an equitable claim which Plaintiff now holds as successor in interest. WHEREFORE, Plaintiff CSGA, LLC respectfully requests judgment against the Defendant, John R Waters, in an amount not exceeding the limits for mandatory arbitration, as follows: a. The principal sum of $7,235.42, plus; b. An amount of interest on the principal balance equal to the legal rate and running from the date the account was closed by the Original Creditor until present, representing the time-value of money on the credit extension utilized by the Defendant. C. Costs and interest at the legal rate going forward from today; or d. For such other and further relief as this Court deems just and proper. rs NNUN & MIGLIACCIO, LLP At rneys for Plaintiff B Jordan W. Felzer, Esq., ID# 38670 jfe er@lobmlaw.com Th e Neshaminy Interplex Suite 301 Trevose, PA 19053 (800) 834-4066 N. ACCOUNT#: 13539143060703998 Forwarder: CSGA, LLC Acct#: 5408010002872188 ACCOUNT INFORMATION REPORT FINANCIAL Original Creditor: HOUSEHOLD BANK Debt Type: CC STATUS: PRE-LEGAL WIP# Days Left Assigned to: LPAMCCOLLUM 0 0 Placement 07/03/2006 $7,235.42 Last Payment $0.00 Principal $7,235.42 Interest $3,285.61 Attorney $0.00 Court $0.00 Misc $0.00 BALANCE $10,521.03 Personal Information Debtor 1 First JOHN MI Last Name Address 111 BUCHER HILL RD, R APT 3 WATERS City BOILING SPRINGS ST PA Zip 17007 Country Province Work Tel Home Tel (71 7)258-0629 Ext Fax SS# Driver's License # DOB State Spouse Bank and Asset There is no bank information on this account. Debt Service Provided CREDIT CARD Placement Breakdown Principal $7,235.42 Awarded Int Attorney Fees Court Costs Misc Costs Accrued Int Total Placement $7,235.42 Original Loan Terms Contract Date Number of Payments Interest Rate % 24.99 Collateral Debt Type Credit Cards Last Payment Date 09/07/2004 Last Payment Amount $72.00 Last Charge Date Last Charge Amount Original Loan Amount Amount of Payments Serial/Vin Number Page 1 of 1 03/13/2007 12:05:27 CIh4104- *6 11 VERIFICATION I, Jeremy Hanauer, in my capacity as a Corporate Officer of CSGA, L.L.C., verify that the averments of fact contained in the foregoing Complaint are true and correct to the best of my knowledge information and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. CSGA. LLC Date: 3 - I q -67 if 7-1 f17 r4i Co 61-0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01577 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CSGA LLC VS WATERS JOHN R SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WATERS JOHN R the DEFENDANT , at 1901:00 HOURS, on the 23rd day of March 2007 at 111 BUCHER HTT T. PT) ADT ? BOILING SPRINGS, PA 17007 JOHN WATERS by handing to 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 4.80 Affidavit .00 Surcharge 10.00 .00 3'3o?a? ? 32.80 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 00/00/0000 By. puty Sheriff A.D. .ti,. ,,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW CSGA, LLC : VS. No. 07-1577 JOHN R WATERS PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS AND NONMILITARY SERVICE TO THE PROTHONOTARY: Enter Judgment for want of an answer for Plaintiff and against Defendant, JOHN R WATERS, and assess damages certified to be calculable as a sum certain from the complaint, as follows: Assess Damages as Follows Debt $7,235.42 Interest $3,285.61 Court Costs $192.50 Total: $10,713.53 Understanding that false statements made herein are subject to penalty under 18 Pa. C.S.A. § 4904, Unsworn Falsification to Authorities, I verify that: 1. The above are the precise last known address of the defendant. 2. The annexed notice of intention to file praecipe was mailed to Defendant and to their record attorney, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. (Exhibit "A") 3. The said Defendant is not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Relief Act and is over 18 years of age. (Exhibit `B„) Date: U 1 ( u ['0 BRONSON & MIGLIACCIO, LLP AN W. FELZER, ESQUIRE iey for Plaintiff 38670 Neshaminy Interplex, Suite 301 se. PA 19053 TIlephone (800) 834-4066 This V(?r4k- day of JLA-A.?E- , 2007, judgment is entered in favor of Plaintiff and against Defendant, JOHN R WATERS, by default for want of an answer and damages assessed at the sum of $10,713.53 as per the above certification. NOTICE IS GIVEN PURSUANT TO PA.R.C.P. 236. PRO ON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW CSGA, LLC VS. No. 07-1577 JOHN R WATERS AFFIDAVIT OF NON-MILITARY SERVICE The undersigned, being duly sworn, according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 as amended; That JOHN R WATERS resides at 111 Bucher Hill Road, Apt 3, Boiling Springs, PA 17007; That based on information furnished by the Department of Defense Manpower Data Center, there is no indication that JOHN R WATERS is currently on active duty. See Exhibit "B" attached hereto. & MIGLIACCIO, LLP AN W. FELZER, ESQUIRE ey for Plaintiff .38670 Neshaminy Interplex, Suite 301 3e. PA 19053 Sworn to and subscribed before me this j j4 day of cJk?. , 2007. G. Notary Public "J (j OMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ELIZABETH A. LOWRY, Notary Public Bensalem Twp., Bucks County My Commission Expires June 21, 2010 Telephone (800) 834-4066 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW CSGA, LLC VS. JOHN R WATERS TO: John R Waters 111 Bucher Hill Road, Apt. 3 Boiling Springs, PA 17007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166; (800) 990-9108 Date: No. 07-1577 AVISO IMPORTANTE USTED ESTA EN REBELDIA PORQUE HO FALLADO EN TOMAR LA ACION EXIDIDA DE SU PARTE EN ESTE CASO. A MENOS DE LA FECHA DE USTED ACTUE DENTRO DE DIEZ (10) DIAS DE LA FACHA DE ESTE AVISO, SE PUEDE REGISTRAR; UNA SENTENCIA CONTRA USTED SIN EL BENEFICIO DE UNA AUDIENCIA Y PUEDE PERDER SU PROPIEDAD O OTROS DERECHOS IMPORATANTES. USTED DEBE LLEVAR ESTA AVISO A UN ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, DEBE COMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL: Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166; (800) 990-9108 JOIDAN W. FELZER, ESQUIRE Attrnev for Plaintiff qe o . 38670 e Neshaminy Interplex, Suite 301 Trevose, PA 19053 Telephone (800) 834-4066 Exhibit "A" ;Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 JUN-18-2007 10:08:27 •< Last Name First/Middle Begin Date Active Duty Status Service/Agency WATERS John R 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, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. 14, 1j&jj4, Ohvt Irt A?M_ Mary M. Snavely-Dixon, 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 Enrollment 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 of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 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 strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BOWSJBAUIEO https://www.dmdc.osd.mil/scra/owa/scra.prc_Select Exhibit "B" 6/18/2007 3 Y i4. C 1 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW CSGA, LLC vs. No. 07-1577 JOHN R WATERS To: John R Waters 11 Bucher Hill Road, Apt 3 Boiling Springs, PA 17007 Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Cu his R L ng, Prothonotary of Cumberland County ?x Judgment by Default ? Money Judgment &/a,0/07 ? Judgment on Award of Arbitrators ? Judgment on Verdict ? Money Judgment Transferred from other Jurisdiction If you have any questions concerning this notice, please call: JORDAN W. FELZER, ESQUIRE Attorney for Plaintiff Three Neshaminy Interplex, Suite 301 Trevose, PA 19053 (800) 834-4066