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Home My WebLink About99-01402 SV 'r SM 6 Ron Z. Opher, Esquire Attorney for Plaintiff Attomey#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 CREDITRUST CORPORATION, : IN THE COURT OF COMMON PLEAS as assignee of Chevy Chase Bank. CUMBERLAND COUNTY, PA 7000 Security Blvd Baltimore, MD 21244 Plaintiff V. : CIVIL ACTION -LAW JENNIE K. MASLAND 1940 Fry Loop Ave. : NO. Carlisle, PA 17013 Defendant 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 apppearance 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 proced 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 roghts important to you. YOU SHOULDTAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOTHAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR THELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GEr LEGAL HELP. crJnm ftall Re gUN?fTNY(u?in't aoz c.,h ??Y Carlisle, PA 17013 (717) -248.6""9 --?l-il4? AVISO Le ban demando a usted on la torte. Si ustcd qulerc defcnderse de estas demandadas expuesms on las Paginas sigucntes, usted dente veinte (20) dies de plaxo al panir de la fecha de IS demanda y In notification. Hace falta asentar one comparencla escrita on en persona o con on abogado y entregar a In cone enfbrma escritas sus objections a las demandas on contra de so persona. Sea avisado que si usted no so defende, IS torte tomam medidas y puede continuer Ia demands on contra suya sin previo aviso o notification, Ademas, Is torte puede decidir a favor del demandame y requicre qua usted cumpla con Codas ]as provisions de esm demands. Usted puede pcrdcs dincro o us propriedadedsu otros derechos Imponantes pare usted, L LEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE SINOTIENEABOGADOOSINo TINE EL DINERO SUFFICTENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TEL.EFONO A LA OFFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAIO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL, CUMBERLAND COUNTY Offtcina de Administrator de Corte Courthouse, 4th Floor I Courthouse Square Carlisle, PA 17013 (717) 240-62(X) Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 CREDITRUST CORPORATION, as assignee of Chevy Chase Bank. 7000 Security Blvd Baltimore, MD 21244 Plaintiff v. JENNIE K. MASLAND 1940 Fry Loop Ave. Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 99• /YoZ ( Tc. COMPLAINT - CIVIL. ACTION 1. The Plaintiff herein is CREDITRUST CORPORATION, ("CREDITRUST") assignee of Household Finance Corporation, located at 7000 Security Blvd., Baltimore, MD 21244. 2. The Defendant is JENNIE K. MASLAND, an adult individual located at 1940 Fry Loop Ave., Carlisle, PA 17013. 3. Plaintiff is the assignee of a cardholder agreement debt incurred by Defendant, extended by Household Finance Corporation. 4. Defendant borrowed from Household Finance Corporation the sum of $4559.98 over the course of their cardholder relationship as of December 7, 1995 . A true and correct copy of an account statement is attached hereto and marked Exhibit "A".. 5. This amount, together with accruing interest, was assigned to Creditrust on December 19, 1995. A true and correct Bill of Sale and Assignment of Assets is attached hereto and marked Exhibit "B.". 6. Under the terms of the cardholder agreement, additional interest has accrued, and continues to accrue, from December 7, 1995 , at the rate of 19.8% per annum. A true and correct copy of the relevant cardholder agreement terms is attached hereto and marked Exhibit "C". 7. In addition, Defendant agreed to be liable for Household Finance Corporation's actual costs of collection, including court costs and attorney's fees . A true and correct copy of the relevant cardholder agreement terms is attached hereto and marked Exhibit "C". 8. Said attorney's fee is contingent on recovery, at 33% of any amount recovered. 9. There is no offset against the stated amounts in Paragraphs 4 of this Complaint known to Plaintiff. 10. Plaintiff has in all respects fulfilled its obligations to Defendant on the contract and for bringing this Complaint for damages. 11. Despite repeated demand, Defendant has failed and refused and continues in failure and refusal to pay all or part of the above stated sum due. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $4559.98, together with interest from December 7, 1995, at the rate of 19.8% per annum, and with attorney's fees at the rate of 33% of the unpaid balance, which is continuing to accrue, and costs of this action. COUNT TWO Plaintiff also claims alternatively on the basis of quantum meruit or Quasi Contract. 12. Paragraphs 1 through l Iabove are incorporated herein by reference as though fully set forth. 13. Plaintiff was neither a volunteer nor an officious intermeddler. 14. Plaintiff provided said credit as set forth above. 15. Plaintiff expected payment from the Defendant for said credit in the amount set forth above. 16, The amount claimed is the fair and reasonable market value for said credit. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $4559.98, together with interest from December 7, 1995, at the rate of 19.8% per annum, and with attorney's fees at the rate of 33% of the unpaid balance, which is continuing to accrue, and costs of this action. I certify that the matter in controversy is not the subject of any action or arbitration proceeding, now or contemplated, and that no other parties should be joined in this action. R.4:5-1 Dated: March S. 1999 BY lJ Ron Z. Opher Attorney for Plaintiff Feb-10-99 05:14P ATION / VERIFICATION L ?vt v H PO //. `/s a /`' hereby state: 1. 1 am an authorized agent of the plaintiff in this action, 2. 1 verify that the statements made in the foregoing Complaint - Civil Action are tie and correct to the best of my knowledge, information and belief, and 3. I understand that the statements in said complaint are made subject to the penalties of IB PLC.S. §4904 relating to unworn falsification to authorities. P.02 DATED: A46(,Z l S lk" Creditrust Corporation 7000 Security Blvd Baltimore, MD 21244 Phone 800-685-4343 CUSTOMER ACCOUNT STATEMENT Statement Date Account Number 11/20/98 4131130522013449 Jennie K Masland 1940 Fry Loop Ave Carlisle, PA 170134601 CHECK DATE 01/05/98 11/20/98 REMAINING REMAINING PRINCIPAL + INTEREST - PAYMENTS + FEES = BALANCE 4559.98 2278.74 30.00 4559.98 3205.21 6808.72 7765.19 JRT "A 1E Yu L.? EYU, '"".y' * A Special Notice From Creditrust Corporat * TOTAL DUE 7,765.19 An audit of this account was conducted as of this date. Based on said audit the above balances were determined to be the amounts you owe. If your records do not agree with these figures please notify us with the documentation of differences. If we do not receive information from you to the contrary within 30 days of receipt of this letter these balances shall be deemed accurate. ASSIGNMENT AND BILL OF SALE Household Bank pllinols), N.A., a national banking association, (hereinafter called 'Seller') has entered into a Receivables Purchase Agreement dated 19th day of December, 1995 ('Agreement') for the sale of Accounts described In Section 1 thereof to Oxford Capital Corporation (hereinafter called 'Purchaser'), upon the terms and conditions set forth in that Agreement. NOW, THEREFORE, for good and valuable consideration, Seller hereby sells, assigns, and transfers to Purchaser, its successors and assigns, all of Seller's rights, title, and interest in each and every one of the Accounts described in the Agreement. Purchaser and Seller agree that the Purchase Price shall be as stated in Section 2 of the Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 19th day of December, 1995. HOUSEHOLD BANK (II.LINOIS), N.A. By: Print Name: JT,o(Y• ti/h/3G? Title: Ads: /e&v HRSI Funding, Inc. hereby acknowledges and consents to the sale of the related receivables. HRSI Funding, Inc. By: Print Name: Title: T , , •-... a„ .? 1 e i l.. u.JY 14 ?- 9 OF MARyy ?T N4D I? 484017 ? 00000 STATE DEPARTMENT OF ASSESSMENTS AND TAXATION 301 WOO PrtltO-l Sttttt 8411imn1R ?lilry1a! :1201 DATE: NOVEMBER 06, 1996 THIS IS TO ADVISE YOU THAT THE ARTICLES OF AMENDMENT WITH A NAME CHANGE FOR OXFORD CAPITAL CORPORATION CHANGING TO CREDITRUST CORPORATION WERE RECEIVED AND APPROVED FOR RECORD ON NOVEMBER 6, 1996 AT 2:00 PM. FEE PAID: A71-OU t ?j . • 50.00 0? HARRY J. NOONAK •',••: CHARTER SPECIAlIB . , . " ,?; i i l' ..:,,,?,.; •:?; ? f $#1l.;?3'??t}? ?'' is 8 ;ai e a ? e ? w 8 tit y ? y _d ?p`• ,emu ,• Ig?C? ESi3 t 3 E as, '$- E $ g 6 y(gc 17 -V . ?Yy C?Z °?,1F k,;akt3'i You ?° ? ? 7 MY Est szsss? s 1 ? i V r O Fcb 3 ? c a: o W i$ =e=s lit= jis' .S s ss 9 t ?= e U-11 °e?t3 gig ks- Rim u3 9i u SO W V $ S.,E= S gg < } ,- lS... r . v, : o 4 SHERIFF'S RETURN - REGULAR CASE NO: 1999-014C2 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CREDITRUST CORPORATION vs. MASLAND JENNIE K CHRISTOPHER EVANS , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon MASLAND JENNIE K the defendant, at 15:49 HOURS, on the 12th day of March 1999 at 1940 FRY LOOP AVE CARLISLE, PA CUMBERLAND County, Pennsylvania, by handing to JENNIE K. MASLAND a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 3.10 Rli.+KS-tC6? , v Affidavit .00 Surcharge 8.00 II?? Inomas 1 ne,, Sheriff -030/15%199gER by pu y i Sworn and subscribed to before me this . 1,5 day of 19 99 A.D. V Ron Z. Opher. Esquire Attorney for Plaintiff Allorncy#37507 P.O, Box 2245 Southeastern. PA 19399 (610)902.0530 Credllrust Corporation, as assl{(nee of Household Finance Corp, IN THE COURT OF COMMON PLEAS 7000 Security Blvd. Cumberland COUNTY, PA Baltimore, MD 21244 Plaintiff V. Jennie K. Masland 1940 Fry Loop Rd. Carlisle, PA 170134601 CIVIL ACTION - LAW NO. 99-1402 CIVIL Defendant Enter Judgment in favor of Plaintiff, Creditrust Corporation, as assignee of Household Finance Corp., against Defendant, Jennie K. Masland, for want of an answer. Assess damages as follows: Debt $4559 98 Interest (per contract and complaint) . $3009.60 Attorney's Fee (per contract and complaint) $2497.96 Costs $83.60 TOTAL $10151.14 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 the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered after the default occurred and at least ten days prior to the date of the filing of this pmecipe. Copies are attached. R.C.P. 237.1 Ron Z. Opher, squire157507 / n Attorney for Plaintiff AND NOW h - ?7 19 _ 9 , Judgment is entered in favor of Creditrust Corporation, as assignee of Household Finance Corp., against Defendant, Jennie K Masland, by Default for want of an answer and damages assessed at the sum of $10151.14 (Ten Thousand One Hundred Fifty One Dollars and Fourteen Cents) as per the above certification. RLK ALProthonota Ron Z. Opher, Esquire Attorney for Plaintiff Attomey#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 Credltru+t, as assignee of Household Finance Corp, IN THE COURT OF COMMON PLEAS 7000 Security Blvd. CUMBERLAND COUNTY, PA Baltimore, MD 21244 Plaintiff V. Jennie K Masland 1940 Fry Loop Rd. Carlisle, PA 17013.4601 Defendant TO: Jennie K. Masland 1940 Fry Loop Rd. Carlisle, PA 17013-4601 : CIVIL ACTION. LAW NO. 99-1402 CIVIL DATED: April 5,1999 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN 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 OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL, SERVICE Court Administrator's Office Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PRQVIDE FOR INSURANCE - POSTMASTER 11909ked Front o y\ 2. O^ ll? FS6 r Q PO PQl Z4? 1"L, S>ti,? F? 9 4 S One of Mdrwy mal addressed b: Y\ lable K. hnasluh? Fr o Rj G r Ir?le? I-701-3 4c001 Affix fee here In stamps or meter postage and post mark. Inquire of Postmaster for current fees. s 7 ?O ?6 4Nlno PS Form 3817, Mar. 1989 ------------ Creditrust, as assignee of Household Finance Corp. 7000 Security Blvd. IN THE COURT OF COMMON PLEAS Baltimore, MD 21244 Cumberland COUNTY, PA Plaintiff V. CIVIL ACTION - LAW Jennie K. Masiand 1940 Fry Loop Rd. Carlisle. PA 170134601 : NO. 99-1402 CIVIL Defendant CERTIFICATION OF ADDRESSES AND AFFIDAVIT OF NON MIL ITARY C RVI F COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland SS I, Ron Z. Opher, Esquire, being duly sworn according to law, depose and say that I am the attorney for Plaintiff and I am authorized to make this affidavit on Plaintiffs behalf. I hereby certify that the address of the Plaintiff is 7000 Security Blvd., Baltimore, MD 21244. Defendant's address is 1940 Fry Loop Rd., Carlisle, PA 170134601. In addition, Defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 or the amendments thereto. I verify that the statements made in the foregoing certification and affidavit are true and correct to the best of my knowledge, information and belief; and I understand that the statements in said certification and affidavit are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: April 19,1999 BY: Ron Z. Opher, Esquire cz a a. C's ?: # Q Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 Creditrust Corporation, as v. Jennie K. Masland 890 Pisgah State Road Shermans Dale, PA 17090 Plaintiff IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PA CIVIL ACTION - LAW NO. 99-1402 CIVIL Defendant : PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark the judgment in the above-captioned matter satisfied. BY: Ron Z. Opher, Esquire DATED: 1-) 1,16 Attorney for Plaintiff do