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HomeMy WebLinkAbout07-2270t. 1 2034911 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 HARVEST CREDIT MANAGEMENT VII, LLC as assignee of Juniper Bank 600 17th Street Denver CO 80202 VS. THOMAS E ZIMMERMAN JR 46 N EIGHTH ST LEMOYNE PA 17043 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : a? ???v (2l U 1 (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 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 JUDGEMENT 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 a COMPLAINT IN CIVIL-ACTION 1. Plaintiff is a debt buyer and successor in interest to the original creditor as set forth in the caption of this Complaint. 2. At all times relevant hereto, the defendant was the holder of a credit card, which at the request of the defendant was issued to the defendant by the plaintiff under the terms of which the plaintiff agreed to extend to defendant the use of plaintiff's credit facilities. 3. Defendant accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 4. The defendant received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account is attached hereto as Exhibit "A". 5. All the credits to which the defendant is entitled have been applied and there remains a balance due in the amount of $14,203.12. 6. Plaintiff has made demand upon the defendant for payment of the balance due of $14,203.12 but the defendant has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant's last payment on account was made on December 15, 2005. t WHEREFORE, plaintiff claims of the defendant the sum of $14,203.12 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I WEI ERG, ESQUIRE PAUL M. SC O FIE , JR., ESQUIRE k- L Attorney for laintiff P01A.DB VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. EIN ERG, ESQUIRE t EXHIBIT "A" ?e3 w HARVEST CREDIT MGT VII LAST STATEMENT DETAILS FOR JUNIPER BANK ACCOUNT#: 6140210008388420 LGBS#: EH103607 THOMAS E ZIMMERMAN JR 46 N 8TH ST LEMOYNE PA 17043 SSN: XXX-XX-8497 CHARGE OFF 1 $11,779.19 1 1 1 CHARGE OFF PA6 GORDON & WEINBERG PC -#2034911 EH 103607 d 0 m- GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 HARVEST CREDIT MANAGEMENT VII, LLC as assignee of Juniper Bank VS. THOMAS E ZIMMERMAN JR COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO 07-2270 PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, THOMAS E ZIMMERMAN JR, and assesses the damages as per statement below. FREDERIC I. W NB RG, ESQUIRE PAUL M. SCHO E , JR., ESQUIRE Attorney for aintiff Principal $11,779.19 Interest from 7/26/06 @29% $2,938.67 Costs (Complaint & Service) $121.86 Total: $14,839.72 I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. FREDERIC I. W RG, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this JS-lk day of J[1 1 ?? 2007 Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum $14,839.72 as per the above certification. ro honotary J GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 HARVEST CREDIT MANAGEMENT VII, LLC as assignee of Juniper Bank Vs. THOMAS E ZIMMERMAN JR COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO 07-2270 CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; HARVEST CREDIT MANAGEMENT VII,LLC as assignee of Juniper Bank and that the last known address of defendant, THOMAS E ZIMMERMAN JR, 46 N EIGHTH ST, LEMOYNE PA 17043. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI ERG, ESQUIRE PAUL M. SCH LD, JR.,ESQUIRE Attorney for Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, Identification No.: PAUL M. SCHOFIELD, JF Identification No.: 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 ESQUIRE 41360 ESQUIRE 81894 HARVEST CREDIT MANAGEMENT VII, LLC as assignee of Juniper Bank VS. THOMAS E ZIMMERMAN JR COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-2270 AFFIDAVIT OF NON-MILITARY SERVICE FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he represents the plaintiff in the above- entitled case; that he is authorized to make this affidavit on behalf of the plaintiff; and that the above-named defendant is over twenty- one years of age; that the address of the defendant is, 46 N EIGHTH ST, LEMOYNE PA 17043; that the occupation of the defendant is unknown; and that the 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 and the amendments thereto. Sworn to and Subscribed Befor me this 5 Day of 2007. Notary Public NOTARIAi_ St???'. DAWN M. MARSHAII ??ota,y''.","c? City of Ph Ide M n Expires toven"r u'l ='`-"y 111_? FREDERIC I. WEINB G, ESQUIRE PAUL M. SCH , JR. ESQUIRE Attorney for Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET .??. PHILADELPHIA, PA 19103 215/988-9600 HARVEST CREDIT MANAGEMENT VII, LLC as assignee of Juniper Bank vs. THOMAS E ZIMMERMAN JR TO/PARA 2034911 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-2270 NOTICE OF INTENTION TO TAKE DEFAULT THOMAS E ZIMMERMAN JR 46 N EIGHTH ST LEMOYNE PA 17043 DATE OF NOTICE/FECHA DEL AVISO: May 22, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERIC I. INB G, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE P10D-2 2034911 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 HARVEST CREDIT MANAGEMENT VII, LLC as assignee of Juniper Bank Vs. THOMAS E ZIMMERMAN JR COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-2270 NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $14,839.72. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. BY: FREDERIC . W NBERG, ESQUIRE PAUL M. S IELD, JR.,ESQUIRE Attorney for Plaintiff Dated: June 5, 2007 ?.?. C'> ry' ?t ? ? ? ?.? F c..-; 'G -rr ±- t? `Vi'i 1 ,?- ,gyp °'Q ? _ .-- ?;. ? ? -' ? ? ? SHERIFF'S RETURN - REGULAR CASE NO: 2007-102270 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARVEST CREDITI MANAGEMENT VII S ZIMMERMAN THOMAS E JR VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ZIMMERMAN THO S E JR the DEFENDANT , at 1746:00 HOURS, on the 27th day of April 2007 at 46 N EIGHTH STREET LEMOYNE. PA 17043 by handing to LAURIE ZIMMER (SPOUSE) a true and att sted 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 15.36 Affidavit .00 Surcharge 10.00 n .00 d'a ?D7 x.36 Sworn and Subsc before me this of So Answers: R. Thomas Kline 00/00/0000 d to By : 111-t4- day DeputS/ eriff A. D. UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: THOMAS E. ZIMMERMAN, JR. f/d/b/a ZIMMERMAN' S EXXON LAURIE M. ZIMMERMAN Debtors/Movants THOMAS E. ZIMMERMAN, JR. Movants V. IN BANKRUPTCY BK. NO. 1:07-bk-03763-RNO : CHAPTER 7 PROCEEDING LIEN AVOIDANCE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07- 2270 Civil Term HARVEST CREDIT MANAGEMENT VII LLC as assignee of Juniper Bank Respondent ORDER OF COURT VOIDING JUDICIAL LIEN In consideration of the within Motion for Order Voiding Judicial Lien filed by counsel for Debtors/Movant, the Court finds that the Respondent has failed to file an Answer or otherwise plead to the Motion for an Order Avoiding Judicial Lien filed on November 30, 2007 and duly served upon the Respondent; therefore, the Court orders judgment by default in favor of the Movant, Thomas E. Zimmerman, Jr. and against the Respondent, Harvest Credit Management VII, LLC to the relief requested in the Motion. IT IS HEREBY ORDERED, adjudged and decreed that the judgment lien held by the Respondent is hereby declared void in its entirety and of no further force and effect as it violates 11 U.S.C. Section 522(f)(1) and interferes with 11 U.S.C. Section 522(d). Dated: December 27, 2007 By the Court, Robert N. Opp[, II„ Bsaim*q This document is electronically signed and fi let! on the same date. h'4 CERTIFIED FROM THE RECORD this ??i d:v of ,T 10 0 ao Clerk, U.S. Bar,k,ui.Lcy Coo Per Dee-ju'y Clerk Q r.,, ? V C... cx? c... ?? C??y _ S_°„e. 1 r ., t ? )ti > + ?_ (yn ?t°-; •? ? ,?