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Home My WebLink About07-4335IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARVEST CREDIT MANAGEMENT VII, I CIVIL DIVISION LLC,a limited liability companyl assignee of Household Bank / I Metris Bank I I Plaintiff I No. 2007- 335 Civil )2t"M V. I DAWNA KULBACKI I an individual I I Defendant I I I I I COMPLAINT I I I Code No. I I Filed on Behalf of: I PLAINTIFF I I I I ATTORNEY OF RECORD FOR THIS PARTY I I Louis B. Swartz I l PA. ID # 00242 I I ISWARTZ, LOVEJOY & ASSOCIATES 116th FLOOR LAW AND FINANCE BUILDING (PITTSBURGH, PENNSYLVANIA 15219 I I 1(412) 288-0300 <80203 NOTE: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE <80203 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, LLC,a limited liability company assignee of Household Bank / Metris Bank Plaintiff DAWNA KULBACKI an individual v. No. 2007- Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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 days (20) 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 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 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 NOTDUM PLE <80203 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, LLC,a limited liability company assignee of Household Bank / Metris Bank DAWNA KULBACKI an individual Plaintiff V. Defendant ?c.fc L 5- No . 2 0 0 7 - 51.3 35- COMPLAINT 1. Plaintiff(s) is HARVEST CREDIT MANAGEMENT VII, LLC, a Limited Liability Co., assignee of Household Bank/Metr. Plaintiff's address is c/o 1600 Law & Finance Building, Pittsburgh, PA 15219. 2. Defendant(s) is DAWNA KULBACKI, an individual. Defendant's address is 418 N 21ST ST, CAMP HILL, PA 17011. 3. At Defendant's special instance and request, a credit account was opened for Defendant, which Defendant thereafter used and there is a balance due and unpaid, despite demand, in the amount of $11,231.18? plus interest from February 20, 2006? 4. Attached hereto as Exhibit "A", and incorporated herein by reference as though herein set forth at length, are true and correct copies of the documents of Defendant's account which were prepared in the ordinary course of business and are incorporated herein by reference. The account has been assigned to Plaintiff for value. WHEREFORE, Plaintiff demands Judgment a inst Defendant(s) in the amount of $11,231.18 plus interest from February 20, 2006 and costs. Louis Swartz Attorney for PLAINTIFF SWARTZ, LOVEJOY & ASSOCIATES 16th FLOOR LAW AND FINANCE BUILDING PITTSBURGH, PENNSYLVANIA 15219 (412) 288-0300 6 0203 HARVEST CREDIT MGT VII LAST STATEMENT DETAILS FOR Household Bank/Metris Ba" ACCOUNT#: 5149537035222050 LGBS#: EH107641 DAWNA KULBACKI 418N21STST CAMP HILL PA 17011 514907035=Q5Q?` ACGOUN'r sUMMAFIY IN QFiM 1'70N FOR 4 LAST STATEMENT: N/A INTEREST RATE: 17.99% BALANCE DUE: $11,231.18 LAST PAYMENT: February 20, 2006 AVAILABLE BALANCE: $0.00 OPEN DATE: May 22, 2000 TRANSACTION AMOUNT `TRANS: DATE' : 'POST DATE - DETAIL CHARGE OFF $11,231.18 CHARGE OFF PA22 Swartz Lovejoy & Associates LLP - #80203 EH 107641 E'Xhlb('l '?" ULUBIT„ A BILL OF SALE MADISON STREET INVESTMEN'T'S, LLC, ("Scher'"), for value received and pursuant to the terms and conditions of the Forward Flow Purchase Agmetnent ("Agreement'") dated may 8, 2005 between Seller and Harvest Credit management VII, LLC ("P'urchaser'), does hereby sell, assign aW convey to Purchaser, its successors and assigns, all right, title and interest of Seller in and to those eatain purchased Accounts listed on the Sale File attached, without recourse and without representation of, or warranty of, colle Wbility, or otherwise, except to the extent provided for within the Agreement. 1244 accounts with a total face amount of $4,469,744.46 EXECUTED THIS 31 at day of October 2046. MADISON STREET INVESTMENTS, LLC By: Kevin Emmerich, Operations Manag ` BILL OF SALE TURLE CREEK ASSETS, LTD, by and through its general partner, FORWARD PROPERTIES INTERNATIONAL, INC. ("Seller'j, for value received, does hereby sell, assign, and convey to MADISON STREET INVESTMENTS, LLC ("Purchaser"), its successors and assigns, all right, title and interest of Seller in and to those certain purchased Accounts listed in the Sale File, without recourse and without representation of, or warranty of, collectibility, or otherwise, except to the extent provided for within the Purchase and Sale Agreement. EXECUTED this 31st day of October, 2006. A-C SETS, LTD. TURTLE CREEK By and through its 1 er, FORWARD PROP TIE, INTERNATIONAL, INC. By, i BILL. OF SALE H39C CARD SERVICES (III) M (f HOUSEHOLD CARD SMVXMS W.) ("Salie J, ft value recerdvad and piesmat to the perms and eaedWcm of tM Raceivab les Purdme Agmenvus CAgne dwU") dated November 2S, 2003 batwou Salim and D'auaahdd Bank (34 N.A., wind TURTLE REMC A.SSM U. LTD., sde aWp" of FM WARD E3 RTI8S lt?1'd'ER tATMNAL INC, a Ta" ?tioa. ("=#usar'? 40 es booby udl. MOP read caovey to Pachm. la at wu r ad a AiM, all right, dds and ituemt at Seller in and to ftw cetWn Pied RwWvabfln (a ple d in ft Agramoent) l , ad an the sauhed &Nbk,& (sale IRIS without reaoUua and widw a rapre wica of, or wan=ty of, 0 0acn`biiiO. or ctherwim except to do extent Pomaded for widdm the Wit. MCUMD this 313t day of Ownb er. 2046. HSBC CARD SMVKMS (lI) I NC, By: Name. >80203 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, LLC,a limited liability company assignee of Household Bank / Metris Bank DAWNA KULBACKI an individual Plaintiff v. Defendant N0.2007- VERIFICATION The undersigned, David Ravin , avers that he/she is the vice President of Plaintiff, is authorized to make this verification on behalf of Plaintiff, the statements of fact contained in the attached Complaint are true and correct to the best of his/her information, knowledge and belief, and are made subject to the penalties of 18 Pa. Cons. Stat. Ann. Section 4904 relating to unsworn falsification to authorities. Date VERIFCOM.PLE \JJ 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-04335 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARVEST CREDIT MANAGEMENT VII VS KULBACKI DAWNA KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KULBACKI DAWNA the DEFENDANT , at 1847:00 HOURS, on the 30th day of July , 2007 at 418 N 21ST STREET CAMP HILL, PA 17011 TIT T.TTTT TIT TT DT/' VT 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 Service Affidavit Surcharge x')7/6 ? ?..? Sworn and Subscibed to before me this of So Answers: 18.0 0 14.40 00 10.00 R. Thomas Kline .00 42.40 08/01/2007 SWARTZ LOVEJOY & ASSOCIATES By: ;? / day /De ut Sh r' f , A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARVEST CREDIT MANAGEMENT VII, LLC,a limited liability company assignee of Household Bank / Metris Bank Plaintiff DAWNA KULBACKI an individual v. Defendant CIVIL DIVISION No. 2007-04335 STIPULATION FOR JUDGMENT Code No. Filed on Behalf of: PLAINTIFF ATTORNEY OF RECORD FOR THIS PARTY Louis B. Swartz PA. ID # 00242 SWARTZ, LOVEJOY & ASSOCIATES 16th FLOOR LAW AND FINANCE BUILDING PITTSBURGH, PENNSYLVANIA 15219 (412) 288-0300 ;80203 NOTE: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE ;80203 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, LLC,a limited liability company assignee of Household Bank/ Metris Bank Plaintiff No. 2007-04335 V. DAWNA KULBACKI an individual Defendant STIPULATION FOR JUDGMENT The parties stipulate as follows. 1. Plaintiff commenced this civil action by filing a Complaint stating a claim for $11,231.18 plus interest from February 20, 2006 for sums due on Defendant's Household Bank/Metris Bank credit card account #5149537035222050, and costs (the "Indebtedness"). The account was assigned to Plaintiff for value. 2. Defendant has offered and Plaintiff has agreed to accept payment of the Indebtedness in monthly installments, each in the amount of $400.00. The Defendant has agreed make one (1) v .. ,_. , ?a ? c '? { ,y down payment in the total amount of $1,000.00 on or before August 24, 2007. The Defendant shall pay the balance in monthly installment payments of $400.00 on or before the 24th day of the month beginning September 24, 2007 with interest at 6% per year, provided payment is made timely in accordance with the terms of this Stipulation. 3. Judgment shall be entered in favor of Plaintiff and against Defendant for the full amount of the Indebtedness as defined above in the sum of $11,231.18 plus interest from February 20, 2006 and costs (the "Judgment"). 4. So long as Defendant makes the said payments timely, time being of the essence, Plaintiff shall not take any further legal action beyond entering judgment on this Stipulation and upon receipt of timely payment of the Indebtedness, interest and costs in full in accordance with the terms of this Stipulation, Plaintiff shall satisfy the Judgment. 5. If Defendant fails to make, the agreed payments timely, time being of the essence, Plaintiff may execute on the Judgment upon praecipe to the Prothonotary for the balance due on the Judgment after credit is given for any payments made by Defendant and Plaintiff may take any other supplemental action on the Judgment as authorized by law and rules of court. 6. Defendant shall make the said payments to and payable to Louis B. Swartz, Attorney for Harvest Credit Management VII, LLC., W00 Law and Finance Building, Pittsburgh, PA 15219. SlY-)/0 LOUIS ?Bx tWARTZ, ESQUIRE/DATE Swart o ejoy & ASSOCS. Attorney for Plaintiff 1600 Law and Finance Building Pittsburgh, PA 15219 412/288-0300 DAWNA KULB CKI ATE Defendant 418 North 21st Street Camp Hill, PA 17011 717-730-0522 n J c Z- O g -0 rri V? f ? f ? ' ' y' r- ?w SJ ? s F1 phi rt , IJF THE 2010 APR 20 PM 2: 48 CitJlV?.r?:"L PENNSYLVANA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARVEST CREDIT MANAGEMENT VII, I CIVIL DIVISION LLC,a limited liability companYl assignee of Household Bank / I Metris Bank I I Plaintiff I No. 2007-04335 V. I DAWNA KULBACKI 1 an individual I I Defendant 1 I I I PRAECIPE TO SATISFY JUDGMENT I I Code No. I Filed on Behalf of: I PLAINTIFF I I I ATTORNEY OF RECORD FOR THIS PARTY I Louis B. Swartz I PA. ID # 00242 I I ISWARTZ, LOVEJOY & ASSOCIATES 116th FLOOR LAW AND FINANCE BUILDING (PITTSBURGH, PENNSYLVANIA 15219 I I 1(412) 288-0303 %80203 $2. co P Q A174 0, V,# 4aa 4 p-* ';q6318 880203 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, LLC,a limited liability companyl assignee of Household Bank / i Metris Bank i I Plaintiff l V. I DAWNA KULBACKI an individual I Defendant No. 2007-04335 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Mark the judgment in the above-captioned case "satisfied." LOUIS B. SWARTZ I Attorney for Pla tiff SATISFY.PLE COMMONWEALTH-OF PENNSYLVANIA COUNTY OF ALLEGHENY Before me, the undersigned authority appeared LOUIS B. SWARTZ, who being known to me, acknowledged that he executed the foregoing Praecipe for the purposes stated therein. date NOTARY P LIC T- C I 1 fiki CW PINNSYLVANIA Notarial Seal Marcy A. Boytim, Notary Public City of Pittsburgh, Allegheny County My Commission E fires July 14, 2013 Member, Pennsylvania Association or Notaries