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HomeMy WebLinkAbout07-5140Blatt, Hasenmiller, Leibsker & Moore, LLC Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box C3800 Southeastern, PA 19398 (610) 902-0644 ELBE RECOVER1l SERVICES, INC.: c/o Blatt, Hasenmiller, Leibsker ~ Moore LLC P.O. Box C3800 IN THE COURT OF COMMON PLEAS Southeastern, PA 19398 CUMBERLAND COUNTY, PA Plaintiff v. _ ROBERT A MURPHY CIVIL ACTION -LAW 3 SCRAFFORD ST SHIPPENSBURG PA 17257 Defendant NO. ~7" Sim ,IVi ~ ICfn- COMPLAINT -CIVIL ACTION NOTICE TO DEFEND You have been sued in court. If you wish to defend aga~st the claims set forth in the folbwing pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personaNy or by an attorney and ffling in writing with the court your defenses or objections to the claims set forth against you. You are warned 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 complak~t or for any other claim or relief requested by the plaintiff. You may lose money or property or other ruts important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER LAW1fER 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 267-2032 AVISO Le ban demando a listed en la Corte. Si listed quiere defenderse de estas demandadas expuestas ~ las paginas siguentes, listed tiente ve~te (20) dial de plazo al partir de la fecha de la demands y Ia notification. Hate fatty asentar ~ma canpar~cia escrita on ~ persona o con un abogado y entregar a fa Corte enfomta escritas sus objectiones a las demandas en contra de su persona. Sea avisado qua si listed no se defends, la Corte tomara medidas y puede r~Minuar la demands en contra soya sin previo avLso o notification. Ademas, la torte puede decidir a favor del demarxfante y regulars que listed cumpla oon lodes del las provisiones de seta demands. Usted puede ponies dinero 0 us propriedadedsu otros derechos importantes pare listed. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POA TELEFONO A LA OFFICINA CUY A DiRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSiGU1R ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)267-2032 1934136 PPTCHDFI a Blatt, Hasenmiller, Leibsker & Moore, LLC Ron Z. Opher, Esquire Attorney for Plaintiff P.O. Box C3800 Southeastern, PA 19398 (610) 902-0644 ELITE RECOVERY SERVICES, INC. c% Blatt, Hasenmiller, Leibsker & Moore LLC IN THE COURT OF COMMON PLEAS P.O. Box C3800 CUMBERLAND COUNTY, PA Southeastern, PA 19398 . Plaintiff v. . ROBERT A MURPHY . NO. d 9-- 31 Y0 L'~•X~ l,~ 3 SCRAFFORD ST SHIPPENSBURG PA 17257 . Defendant COMPLAINT -CIVIL ACTION COUNT ONE 1. The Plaintiff herein is ELITE RECOVERY SERVICES, INC.. 2. The Defendant herein Is ROBERT A MURPHY, an adult individual located at 3 SCRAFFORD ST SHIPPENSBURG PA 17257. 3. Plaintiff is the successor in interest to HOUSEHOLD BANK on Defendant's credit account number 5488975012329465. 4. The Defendant, at all times relevant hereunder, knowingly requested the funds at issue, and knowingly and voluntarily accepted the benefits bestowed and the terms and conditions linked thereto. 5. After applying all known charges and payments to said account, the balance is ~125~$ $~. A true and correct copy of an affidavit of account is attached hereto and marked as an Exhibit. 6. Plaintiff has in all respects fulfilled all conditions precedent to its obligations on the contract and for bringing this Complaint for damages. 7. Despite repeated demand by Plaintiff, Defendant has refused and continues in failure and refusal to pay Plaintiff. 1934136 PPTCDEBI WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of ~ILS,'~ $'~, and costs of this action. COUNT TWO Plaintiff also claims alternatively on the basis of quantum meruit or Quasi Contract. 8. Paragraphs 1 through 7 above are incorporated herein by reference as though fully set forth. 9. Plaintiff was neither a volunteer nor an officious intermeddler. 10. Plaintiff is the owner of said credit account. 11. Plaintiff expected payment from the Defendant for said credit in the amount set forth above. 12. The amount claimed is the fair and reasonable market value for said credit. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of l~ L~.~S '$~- and costs of this action. Dated: August 17, 2007 BY Ron Z. Opher, Esquire Attorney for Plaintiff STATE of y,~ COUNTY OF ~`~~~~~,- AFFIDAVIT OF INDEBTEDNESS The undersigned, bang duly sworn, deposes and states that he/she is an e~ioyeeJagent of: BLITB RECOVERY SERVICES, INC. and has kaowledges of the accown balance; and is duly authorized to maloe this affidavit. Aff>ant sues that the amounts shown blow are taken/calculated from the original books aid records of the above named plaintiff, and based on information and belief, affiant states ~ the am~nt due to ELITE RECOVERY SERVICES, INC. AS SUCCESSOR IN INTEREST OF HOUSEHOLD BANK by ROBERT A MURPHY for futds advanced to defendanis(s) or paid to another at defendant(s) request, or for goods or services provided to defendant(s) or to another at defemlatu's request, is the following: ~ the following account(s): (atBD1TOR/ACCOUNf NUMB»t SISI`B BBCOVIDtY SBRVICBS. IiVC. 348897301232965 ]123.78 A states that the amount shown above is true and correct std that there are m setoffs or conaterclaima available to defendant(s). Furd~ affiant sayeth not. Subscribed aml Sworn to Before me CURRBNT BAI.ANCS daYof~~~(~l ,20©~ . Notary Public My Commission Expir+c~: __~ Date of Servicx: / /20 ~ ~: ~ 1934136 PorwardGr ID *: 1246304 Acxoiutt #": S48g9T5012329465 +~. 02 Nrlt ~4 . X10 BAFF(11/02)EEO TA, INC. VERIFICATION I, Ron Z. Opher, Attorney for Plaintiff, hereby state: 1. I am the attorney for the plaintiff in this action, and I sign this Verification stating that Plaintiff is out of the jurisdiction of the Commonwealth; 2. I verify that the statements made in the foregoing Complaint are true 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 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. DATED: ~~ ~~f3'7 ~_ By: Ron Z. Opher Attorney for Plaintiff PPTXVERI Gentsy -1852676 -too late to do anything but try to reinstate if they dismissed Hoppe) -1872347 - if judgment for D, we need a copy faxed, Ipre-signed a Notice of Appeal and check for you to fill out & FedEx to CCP-Butler (last day to file is 8/23); if dismissed, please get a copy of that faxed; we have until 12/07 to file a new complaint Ewing -1898971 - if judgment for D, please get copy; we will fill out & ovemi ht an a my return (last day to file is 8/31/07). If dismissed, too late to re-file, must request reinstate (Aron change disposition to judgment for D) Clifford -18913.15 - if judgment for D, please get co my return (last day to file is 9/4/07); if dismissed, please get a'Icopy of that~fax d; we have untitn 3/08 to file a new complaint Maslowski - 1894191- if judgment for D, please get copy; we will fiH out & overnight an appeal upon my return (last day to file is 9/7/07); if dismissed, please get a copy of that faxed; we have until 12/10 to file a new complaint ~ K. ~. ;. ,.2 ..~, r,,, ~ rrr } -~ co ~ 3 D ~ ~~~~ ~ ' ~ ' e ~ x~ . ~ ~~+ TJ _ _,, , .r' C_..% ~ _ 7 ~_'CJ ~ i. ~ {~ f Pl ~ -{ N SHERIFF'S RETURN - REGULAR CASE NO: 2007-05140 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ELITE RECOVERY SERVICES INC VS MURPHY ROBERT A 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 MURPHY ROBERT A DEFENDANT at 1258:00 HOURS, on the at 3 SCRAFFORD STREET SHIPPENSBURG, PA 17257 _ by handing to THERESA MURPHY WIFE 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: So Answers: Docketing 18.00 Service 19.20 ~~~~~~ ~,~ Affidavit .00 _ Surcharge 10.00 R. Thomas Kline .00 g111~b~7 Cj,. 47.20 09/07/2007 ~'"" BLATT HASNEMILLER LEIBSKERnMOO Sworn and Subscibed to By: the 6th day of September, 2007 before me this day D of A.D. Blatt, Hasenmiller, Leibsker & Moore, LLC Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box C3800 Southeastern, PA 19398 (610) 902-0644 ELITE RECOVERY SERVICES, INC.: c/o Blatt, Hasenmiller, Leibsker & Moore LLC IN THE COURT OF COMMON PLEAS P.O. Box C3800 CUMBERLAND COUNTY, PA Southeastern, PA 19398 Plaintiff v. CIVIL ACTION -LAW ROBERT A MURPHY NO. 07-5140 CIVIL TERM 3 SCRAFFORD ST SHIPPENSBURG PA 17257 Defendant PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, ELITE RECOVERY SERVICES, INC. against Defendant, ROBERT A MURPHY ,for want of an answer. Assess damages as follows: Debt $1125.78 Interest (per contract and complaint) $0.00 TOTAL $1125.78 plus costs 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 praecipe. Copies are attached. R.C.P.237.1 ~~_._ _ Ron Z. Opher, Esquire ID # 57507 Attorney for Plaintiff AND NOW ~~-- ~ ~ , 20 ~, Judgment is entered in favor of ELITE RECOVERY SERVICES, INC., against Defendant, ROBERT A MURPHY by Default for want of an answer and damages assessed at the sum of $1125.78 plus costs as per the above certification. Prothonotary 1934136 PPTJPFJI OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 TO: ROBERT A MURPHY 3 SCRAFFORD ST SHIPPENSBURG PA 17257 ELITE RECOVERY SERVICES, INC.: c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS P.O. Box C3800 CUMBERLAND COUNTY, PA Southeastern, PA 19398 Plaintiff v, CIVIL ACTION -LAW ROBERT A MURPHY NO. 07-5140 CIVIL TERM _ 3 SCRAFFORD ST SHIPPENSBURG PA 17257 Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Default Judgment has been entered against you in the above proceeding. 1ST Prothonotary `, IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL RON Z. OPHER, ESQUIRE, at 610-902-0644. 1934136 PPTNDJNI r` U.S. POSTAL SERVICE CERTIFICATE OF MAILING PROVIDE FOR Blatt, HaseMrriiller, Leibskec~° ~e~~~~s} w ~ M I~ <9~ ~^ Z r o Received Fl Moore ~~`' '~ ~ ~ v¢~i wm•°t- r P.O. BOX C3800 yam, `~~ °°`°' _Z OP i«r A4v ~ n'¢~QMjNO P C: N S d2 Southeastern, PA 1939~~ V '°~~'r ~ { o ~-- W O ', ~~ ~ O N ~ ~ -- _f :oaf `n One piece of ordi it addre v /' 3 S ' ~' t ~~ o IN m A N ~ W Q O ~~ Z O ~Q PS Form 3817, January 2001 a s ELITE RECOVERY SERVICES, INC.: c/o Blatt, Hasenmiller, Leibsker & Moore LLC P.O. Box C3800 Southeastern, PA 19398 Plaintiff v. ROBERT A MURPHY 3 SCRAFFORD ST : SHIPPENSBURG PA 17257 Defendant TO: ROBERT A MURPHY 3 SCRAFFORD ST SHIPPENSBURG PA 17257 DATED: September 28, 2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 07-5140 CIVIL TERM 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 NOTICE TO A 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 BY 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 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 267-2032 Ron Z. Opher, Esquire Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff P.O. Box C3800 Southeastern, PA 19398 (610) 902-0644 1934136 PPTNLRSI Blatt, Hasenmiller, Leibsker & Moore, LLC Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box C3800 Southeastern, PA 19398 (610) 902-0644 ELITE RECOVERY SERVICES, INC.: c/o Blatt, Hasenmiller, Leibsker & Moore LLC P.O. Box C3800 Southeastern, PA 19398 Plaintiff v. ROBERT A MURPHY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW 3 SCRAFFORD ST SHIPPENSBURG PA 17257 NO. 07-5140 CIVIL TERM Defendant CERTIFICATION OF ADDRESSES AND AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF CUMBERLAND I, Ron Z. Opher, Esquire, being duly sworn according to law, depose and say I am the attorney for Plaintiff and I am authorzied to make this affidavit on Plaintiff's behalf. I hereby certify that the address of the Plaintiff is c/o Blatt, Hasenmiller, Leibsker & Moore, LLC, P.O. Box C3800, Southeastern, PA 19398. Defendant's address is 3 SCRAFFORD ST SHIPPENSBURG PA 17257. 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 Sailor's 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. Sec. 4904 relating to unsworn falsification to authorities. DATED: October 10, 2007 BY: Ron Z. Opher, Esquire 1934136 PPTJCAMI ~~ ~ `~-. ~ a r' -- ~ ~ ~ ~, ,~ ~-- ~ ~ ~ ~- ~-- r' ~_. ---' ~~ "~ ' T + J 7 .~' " : ~:.' ~. ~ ,~, ; ~ ~ ~