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Home My WebLink About07-31402035573 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 MBNA, as assignee of Worldwide Asset Purchasing,LLC 600 17th Street Denver CO 80802 vs. TIMOTHY E GARLING 322 FIRE HOUSE ROAD SHIPPENSBURG PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO . : Q~`f .~ 3~T ~ L:/ u ` / ~~ 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, 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 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 plaintiffs 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. According to the terms and conditions governing the use of the credit card, defendant and plaintiff agreed to submit all disputes to a binding arbitration forum. 5. The plaintiff filed a claim with the National Arbitration Forum that defendant defaulted on payments due. The claim was properly served upon the defendant 6. On about September 28, 2006, the National Arbitration Forum conducted a hearing regarding the plaintiff's claims that defendant defaulted on the terms of the card agreement and returned an award in favor of the plaintiff in the amount of about $8,620.66. 7. Plaintiff has made demand upon the defendant for payment of the award in the amount of about $8,620.66 but the defendant has failed and refused and still refuses to pay the same or any part thereof. 8. Defendant is liable to plaintiff in the amount of $8,620.66 pursuant to the private Arbitration Award, a copy of which is attached hereto as Exhibit "A" WHEREFORE, plaintiff claims of the defendant the sum of $8,620.66. GORDON & WEINBERG, P.C. BY: FREDERIC I. INB RG, ESQUIRE PAUL M. SOHO IE JR., ESQUIRE Attorney for aintiff POlK VERIFICATION Frederic I. Weinberg, Esquire and Paul M. Schofield, Jr., Esquire, hereby state that they are attorneys for the Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of their 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. WE BERG, ESQUIRE PAUL M. SC LD, JR., ESQUIRE EXHIBIT "A" NATIONAL ARBI'F'RA7'ION FORUM Worldwide Asset Purchasing, LLC clo Law Oftices o1'Gerald H. Mcx>re fi Assoc., P.C. 2253 Nutthwest Parkway Suite 500 Marietta, GA 30067 CLAIMAN'!'(s); AWARD RF,: Worldwide Asset Purchasing, I,I,C v Timothy E Carling File Number: FA05021100427206 Claimant Account Number: 4264291154(A74;i7 "timothy F Carling 322 Firc l•louse Rd Shippensburg, 1'A 17257 RESPONDENT(S). , The undersigned Arbitrator in this case F1NUS and CONCLUDES: Case Swnmary I . The Claimant has filed a Claim with the Nations} Arbitration Forum. 2. Afler Proof of Service of the Claim was tiled with the Forum, the forum mailed to Respondent a Second Notice of Arbitration. 3. An arbitration hearing notice was duly dclivert:d to the Parties as required by the Folvm Rules. 4. The Parties have had the opportunity to present all evidence rand infornrttion to the Arbitrator. 5. "1'hc Arhiu•ator has reviewed all evidence submitted in this c;tse. Decision E. The Arbitrator knows of no conflict of interests that exist. 2. This matter invoh~es interstate commerce and the Fedora{ Arbitration Act governs this arbitration. 3. The Claim was properly scrvcxl on the ILespontlent by Claimant in accordance with Rule 6, including a Notice of Arbitration. 4. On ur before 02/22/2005 the Parties entered into a «Tittcn agrccntent to arbitrate their dispute. S. No Party has asscricd that this Arbitration Agr~Y:ment is invalid or unenti~rcc:uble. G. The Parties' Arbitration Agr~ti:ment is valid and enforceable and governs all the issues in dispute. 7. This matter is arhih•ablc under the lcm~s of the Parties' ArbiUvtion Agreement and the law. Y. This matter has procee.•dcd in accord with the applicable Forum Ccxle of Procedure 12uIeS. 9. The evidence submittcil supports the issuance of this Award. I0. "lltc applicable xubstantive law Supports the issuance of the Award. '1'Itcrc(ore, the Arbitrator ISSUES: An Award in favor of the Claimant, for a total amount ofS8,620.t~6. Entered and Affirmed in the State of Pennsylv;tnia 1~ Jo D. Hendricks, Esq~ Arbitrator Date: 09/27/21106 ACKNOWLEDCEiNENT AND CERTIFICATE OF SERVICE This Award was duly entered and.the Forum hereby certifies that pursuant to the Parties' Arbitr~ationTAf,•'r c Went, a copy of this Award was sent h first claw mail ` ~~ y f I~ stage prepaid to`'lhc Parties at the above referenced addr~ses, or their Reprosentatives, on this date. ~• ;ntaatx ~ ' ate. ( ~~~`~ ~,'~ „~ ~ 1~ ~ `_ c-~- Houtii~rble H:it+olrl=l~hlin~i.'ar r ~` Dtt•ector .'°~ _. . GERAL E MOORS 8 AS50CIATE3 Shipped To: 71MOTHY E GARUNG ATTN: GABRIELLE BURWELL 322 FIRE HOUSE RD 2221 NEW MARKET PKWY STE 120 Shippensburg, PA 17257 MARIETTTA. GA 30067 Dear Customer, This letter is in response to your proof of deNvery rsquast for the following package: Tracking ID: 562474260014452 Delivery Terminal: 3217-QHAG Weight: 2.10 Reference ID: 01051438 PO Number: Invoice Number: Department: gema286 UCC Number; Signature: _...t+ __ _ ~~~. . , ~ COI'p01'a~10I1 August 11, 2006 Dellvery Date: 07ft512006 Delivery Time: 1a:a8 Run Date: 08/06!2006 Signature: TGARLING Line ID: 83117530-44 coo Amount: ao.oo COD Check Amt: 50.00 COD Cash Amt: 10.00 COD Check #: 0 T.GARLING f28e, 14z+{e. ! ~~1. Q!HSt?u9~_ ....._. _~_ A M ( A 1 C ~` ~,MBNA.eorn hl9NA Arnk~ Br111, NA, WtlwluyU+l.Debrrn IVaa1 130?1 ~53.997p BILL OF SALE AND ASSIGNMENT OF LOANS The 'undersigned Assignor {"As ' or") hereby absolutely sells, tr~rsfers, assigns. sets-over, gtutclaisus and convtys io CACV, tree. a corporation organiztd under •tht laws of Colorado {"Assi -et"} wilhoirt reemuse and without representations or warranties of any type, kind, character or natwn, express or implied, all of Assignor's right title and interest is and to cacti of the loans identified in the loan schedule ("Cosa Schedule") atiachtd beccto.(the "Loaas'7; together with the right to collect all principal, interest or other proceeds of any kind with respect so the Loans remaining due and owing ru of the Cut-oft' Dana applicable to such Loans as set forth in the Loan Sale Agreement pursuant to which the Loans are being sold (including but not limited to proceeds derived hom the conversion, voiuatary or involuntary, of ariy of the Loans into case of other liquidated property). DATED: 0124/02 . ASSIGNOR: MBl _ . .. CORDON & WEINBERG t'C - qCL-AfM FORWARDED EN 106863 EJ~i781T "A" _ - BII.it OP SALB CA,CV, Yoc.. ("Sailer"), foe wlue cxeived mud peususat a t6air terms and coarditloes at 0o Axom~t Sale A~emeat C'A~eat'~ between Seliar mod Worldwide Asset Wig. L.L.G~ does heseblr sell, atsiga earl ao~vay t4 Boyar. its tins earl ata3Sa~s, sil right. tltk sad hrtoteat of Sel1~ im asd to those certain Aeeo~oeatt as deSaed b tie q~s+eomoett. wttboat recotzese earl without eeprasentatim of or war:aaty of aollecti'bitiry. or othr~,vlsa, eo~oepc m the extent pegided for within >ba Agte~odmt. , ExP.c~ tbut.~..'~"aar.of 2pp,~ . ., File Txansfer Dat6 W89 the ~ay of '~'¢,...+~ '~'Qpt.. Br• d Printed Name sad /1 ~ AgCNOWiBDC3ffiVli3~i' ~ - . STATE OP,~LIId~,~,~~~ _ ._. COUNTY OP~~`2f,~~Ir' . ss The attached assignments show a sale of t11e account to ~V`orldwidc Asset Management; LLC. The next transfer is from West Gasporation. Altktough this appears w be a break in the chain of title, it arises because West acquired 1V'orldwide in August 2004. This acquisition is reported in 'WesR's 2005 annual report and its filing of Farm ~0-K v--ith the Securities and Exchange Commission. 'These documents are competent evidence and admissible under CIZE 803(6) and CRE 803(8),1~'e ha`~c attached page 10 of that report where West refers to its acquisition of Worldwide, and will make the entire report avaslable whenever it rosy be required. we enteared the rrceyvables rrlanagealent rnarlcet thrpngk, our a~ttisition of Atceadon, I.Y,C ("Attention") in August 2002 and eacpsndcd eta pttatnce in thin tnw'ket with our acquisition of Worldwide A6sett Managtmtent, tJ +C and its related etaieies ("Woridwfde'~ in ,3uat-st 2004. We were attrnct-d to the receivables management buainoss because of ow ebflity to use Derr existing infraarrtrcturo a address the mods oh a largo Dad grovoirig markst and to aril these services to our eoeistil'eg clients. Act;ording >A a report ptrblisbed by dattlkin Ginsberg in Apti1 ?005, the ttlarket for accounts receivables nWria$etnetlr in the United Starts rCprasentexl ravenucs of approxint8tciy 815.0 billion iri 2004 and consisted of approximately ti,500 companies, 9556 of winch Eemerated revenues of Less than SS million. SeTV1C6 C']XJ`erJttgs. 7'110 ReCtivab1er Management segment CtpItSeItftd 1496 01 OLV CO11501ida[ed resve~lue in ?A(?S. ?be Reselvables Iviarlagemeat segmctu consists oY the following aezvicts; 1~abr Jou-ckasiRA Z'olleeripru iavolvas tilt purchase of portfolieu of reccivabiea irom coedit originators. We sse proprietary analytical Coale to identity Dori evaluate portfolios of zexeivables and develop custom recovery saaxgies far tech ptrrtfol{o. We 6avc sstablishcd rclacionships with Cargill Financial Services Cote. ("Cargill") ami 3Lti1 Carporatioa ("Sallie Mae"), to ovaluate and tiaance the purcl,aat; otrcctl vablca. We hove oleo ontcred into forward-flow coiltracta that eotrlulit a thud party to stll to us resatllarly, end commit us to pacchtue regularly, eharged.oft recexvabk portfolios fos a feed percentage of the face aruount. Cortvigsnt/Fh[,~.Porty Co[leGrions involve collecting charged-off debt. we ere focused on specific iadusttics, such as htalthcere, credit card. talecotntnunicationsond vehicle Srtancing, pun rexoveuy stxaeegy is detesrnined by the age of reeeivsbler and the extant of provious collection e$orta• We generally ore paid for tbe.4t servLc,es bated on a percentage of the amounts that wa roouver. Govcrrtrrtertt Collections involve callecting swdtnt loans ptl behalf of the United States De:paRaae~lt of )rducatiarl. We aiw oSrs a student loan default prevelDtion pavgtam rued st appNEimately 133 caalpus locations, 1Ne gtr+eraily art: pai.3 for mere serviexs based on a percentage of rbe amounts that we recover. iFFrst-Parry CoQect[ons irrvolve assi4tiq; ererr clients is collurigg pee-charged-off constlrsle: debt. Ttxse scrvicos involve a highy structured p:aecss with apre-appro~'ed script and gesaerttlly regttirs a cusromer- sewice: oriented agextt. We: generauy are paid for these services 4n a per agent hone basis. Commsrt:ia/ Coilec~iona involve collecting cornmcn.'ial debt and provide a full aaito of business services designed to ttvlximira re:ttlm oD rccaivabies. Vl4'a generally arc paid for tbesC seuvieats based on a parantnge pf the emOUnte lilac wb rocoves. C~irrt~ttitiLVt The resceivables management industry is highly eompetitive and feage:leate:d. We competo with e large number of pmvidot'e. including large natiorstsl eornpaaies as well ae regional end local fii7roa: Macy cliettte retaitl multiple rtCeivabtcs tnanagemaat providers, which expose us to eotltinnous cortlpetitioo in order to terttlain a ptcfclrrect vendor. Wt be:litve that the primary competitive factor in obtaining and rttaitling clients is the percentages of the racciti~blesr that art co]lected and retumexl to the client. Debt purchasing is subject to tuidiaonal competitive factors, includiltg bidding competition in flu purchase of receivahle portfolios. R'e discuss rite risks associated wirer the carnpegt%n in the ttxelvablas management. i~rsthtstry In item lA "Risk Factcrs ° 1`lrrmec+:n f of !•brrJoi[o Prrrhasss. aVe work with two portfolio lcudess, Cargill pinw,cial Sendetes Corp. and Sallie Mae, to fJnance the pturchase of pextfolleis. 7'he lrnde:r advances $046 to &596 of the purchase prier of each ,portfolio and we fiord the remaining 1596 to 209b. The debt form the lender accrues interest at a variable rare, with then landex also sharing iq the pmSiS of the portfoUo afar Collection expotlses and doe rtpal'ment of principal and interact. The debt firom the londerr is non-recourse and is collatera]ized by all receivablo portfolios within a loan series, We eiisGasa these facilities in Item 7 "Mant4eement's Disctlsalon~and Arlalyais of J~inancial Condidoa and . Results of Qperationa - t-iquidity and Capital liesources:' 10 B1L1~0,~ SALE.AI~12~1SSlCI~METIT The undersigned WEST ASSET MANAGEMENT, I1VC., hereby absolutely sells, transfers, assigns, sets-over, quitclaims and conveys to HARVEST CREDIT ~viANAGEMENT VII . LLC, a limited liability company organized under the laws of the State of Delaware without recourse and without representations ar warranties of any type, kind, character or nature, express or implied, all of Assignor's right, title and interest in and to each of the Accounts identified in the Schedule of Accounts attached hereto as Exhibit B, together with the right to collect all principal, interest or other proceeds of any kind with respect to the Accounts remaining due and owing as of the date hereof (including but not limited to proceeds derived from the conversion, voluntary or involuntary, of any of the Accounts into cash or other liquidated property, including, without limitation, insurance proceeds and condemnation awards), from and after the date of this Bill of Sale and Assignment. DATED: January 30, 2007. By: WEST ASSET MANAGEMENT, INC. ~i~-~._ Name: Richard K. Lundebcrg, EVP X ~ _~ W ~~ : ~ ,~:~ . Q ~ ~ ~ n~ ,~ c~ ~,,.,. _ r ; T i C,.3 __:::F __i .^ ~ ~ 'ti. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03140 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARVEST CREDIT MANAGEMENT VII VS GARLING TIMOTHY E DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ('!Z~I?T.T1~Tr' TTM(1TT-~V ~ the DEFENDANT at 1733:00 HOURS, on the 5th day of June at 322 FIREHOUSE ROAD SHIPPENSBURG, PA 17257 by handing to TIMOTHY GARLING 2007 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 14.40 Affidavit .00 Surcharge 10.00 .00 ~ ~Is~U~ 42.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/06/2007 GORDON & WEINBERG By : ,~ eputy Sheri A.D. GORDON & WEINBERG, P.C. ~ BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE ~ Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Harvest Credit Management, VII LLC, as assignee of MBNA, as assignee of Worldwide Asset Purchasing,LLC vs. TIMOTHY E GARLING COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-3140 PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, TIMOTHY E GARLING, and assesses the damages as r statement below. FREDERIC I. WEINB G SQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff Principal $8,620.66 Costs (Complaint & Service) $120.90 Total: $8,741.56 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. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this 3~st day of ~~ 2007 Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum of $8,741.56 as per the above certification. S ~. nr~P P othonotary ~- .QQ~ * W O ,:p ~_ -p ~ ~ ~ V W ~ r-~ C,~ ~ ~ -r~ ~~` ~ ~~ "~ < ~- ' , ~~' ~• ~~ ~~ ~ ~ ~ ~ :. . N CORDON & WEINBERG, P.C. a BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE ~ Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Harvest Credit Management, VII LLC, as assignee of MBNA, as assignee of Worldwide Asset Purchasing,LLC vs. TIMOTHY E CABLING COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 07-3140 CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; Harvest Credit Management, VIILLC, as assignee of MBNA, as assignee of Worldwide Asset Purchasing,LLC and that the last known address of defendant, TIMOTHY E CABLING, 322 FIRE HOUSE ROAD, SHIPPENSBURG PA 17257. CORDON & WEINBERG, P.C. BY: FREDERIC NBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff o G, ~ ~~ ~ t ~ ~ -q r. .G-- ~ ~ ~ W -, z~ Ca ~ C ~~:. ...- ,} . =& ~ f ~~ G ep ~ --+ y, N GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE • Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Harvest Credit Management, VII LLC, as assignee of MBNA, as assignee of Worldwide Asset Purchasing,LLC vs. TIMOTHY E GARLING COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-3140 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, 322 FIRE HOUSE ROAD, SHIPPENSBURG PA 17257; 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 Before me this ~J Day of ~~r ~ ~ 2007. ~i L Notary Public C MMQNY/GALTH OF PENNSY VANIA NOTARIAL SEAL 8AR8ARA A. PISANICK, Notary Pubic Clry of Philadelphia. Phila. County Commission Ex Tres J 29, 200! FREDERIC I. WEINB G, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff C7 a ~ o -n -~ ~ c..,. -~ LL r-- ~ t` c~ = ~ Q r" ~.: ---~ -r ~'~_; ~ rn ~' C~ D ~ t .t- ....~ w 2035573 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 MBNA, as assignee of Worldwide Asset Purchasing,LLC . VS. TIMOTHY E GARLING TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-3140 NOTICE OF INTENTION TO TAIO; DEFAULT TIMOTHY E GARLING 322 FIRE HOUSE ROAD SHIPPENSBURG PA 17257 DATE OF NOTICE/F$CHA DEL AVISO: June 26, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEX 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. EIN ERG, ESQUIRE PRUL M. SCHO~IEL JR., ESQUIRE P10D-2 2035573 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE t Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Harvest Credit Management, VII LLC, as assignee of MBNA, as assignee of Worldwide Asset Purchasing,LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. TIMOTHY E GARLING DOCKET NO. 07-3140 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 $8,741.56. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. Dated: July 25, 2007 BY: FREDERIC I. WEIN RG, ESQUIRE JOEL M. FL K, QUIRE Attorney for laintiff 7/311o'j /s/(~i,u.~g ~. crg c N o ~ r7 ~ 7 ~., ~ ~ rn -- ~ t ' ~ ~ C: ~ ) .?~ 73 ~ <^-' ~ C7 ~ ~ ~ f.J "C 2035573 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Harvest Credit Management, VII COURT OF COMMON PLEAS LLC, as assignee of MBNA, as CUMBERLAND COUNTY assignee of Worldwide Asset Purchasing,LLC 600 17th Street Denver CO 80802 vs. TIMOTHY E GARLING 322 FIRE HOUSE ROAD SHIPPENSBURG PA 17257 and M&T Bank 1958 Spring Road Carlisle, PA 17013 GARNISHEE PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against TIMOTHY E GARLING defendant (s)and (2) against M&T Barak (3) AMOUNT DUE INTEREST from July 31, 2007 COSTS garnishee(s) $8,741.56 $1,363.34 DOCKET NO. 07-3140 Prothonotary fee Sheriff fee (4) Less: Payments on Account TOTAL ( $.00) ~a.oo puE eo '50 U. ekx II~FS03 ~'i1 R~a~~a~a FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE ~-~-~~~9„~p~ Attorney for Plaintiff r~s'I ~ ~,, ~,-. U7 r:. C= ~5. ~ r ~~ 0 xf --c N -~ N t!'' t.:: '~i ~~ f ~~~. ~J i -~i {Y~ g ~ ~. ~ ya•4o P Q 1~T1-~ CBF' 78 •SO I~.00 a.so ~~ '~ M Ilo l .40 - ~p AT'P !' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3140 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HARVEST CREDIT MANAGEMENT, VII, LLC, as assignee of MBNA, as assignee of WORLDWIDE ASSET PURCHASING, LLC, Plaintiff (s) From TIMOTHY E. GARLING, 322 Fire House Road, Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M&T BANK, 1958 Spring Road, Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,741.56 Interest from 7/31/07 -- $1,363.34 Atty's Comm Atty Paid $161.90 Plaintiff Paid Date: 5/12/10 L.L. $.50 Due Prothy $2.00 Other Costs ~~ a id D. Buell, Prothonotary (Seal) REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON &WEINBERG, PC 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 By: Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor t THE R H`QTA,Rv, 2 I (! DEC 22 PH 2: 4 4, Harvest Credit Management, IVV, LLC, as assignee of MBNA, as assignee Case Number vs. Timothy E Garling 2007-3140 SHERIFF'S RETURN OF SERVICE 05/25/2010 10:44 AM - Ryan E. Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 25 2010 at 1042 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Timothy E. Garling, in the hands, possession, or control of the withir named garnishee, M & T Bank, 1958 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Bree Vance, Teller personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on May 26, 2010 to Timothy E. Garling at 322 Fire House Road, Shippensburg, PA 17257. 12/22/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $87.50 December 22, 2010 SO ANSWERS, /111121 RON y R ANDERSON, SHERIFF B / Aar R. Lan z V.?. svI?L R-Jf- a5' 327 y %) CCU.Ity&liiO S_2nfr. fr:e,^,:.: '(.Inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3140 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HARVEST CREDIT MANAGEMENT, VII, LLC, as assignee of MBNA, as assignee of WORLDWIDE ASSET PURCHASING, LLC, Plaintiff (s) From TIMOTHY E. GARLING, 322 Fire House Road, Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M&T BANK, 1958 Spring Road, Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,741.56 L.L. $.50 Interest from 7/31/07 -- $1,363.34 Atty's Comm % Due Prothy $2.00 Atty Paid $161.90 Other Costs Plaintiff Paid Date: 5/12/10 t-1 D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, PC 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360