The URL can be used to link to this page

Home My WebLink About07-5218COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BLUESTONE INVESTMENTS, INC. Plaintiff No. 01, Sall g C l V i l T~'M vs. CABBIE PERRY Defendant CIVIL ACTION 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 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 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 (717) 249-3166 AMATO AND ASSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BLUESTONE INVESTMENTS, INC. Plaintiff . No, 6 7- vr1 /~ Cc~.<:r Tic.-- vs. CABBIE PERRY Defendant CIVIL ACTION COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $32,776.82, with interest thereon as hereinafter stated, upon the following causes of action: 1. Plaintiff, BLUESTONE INVESTMENTS, INC., is a Pennsylvania corporation with a registered address of 3100 Old Carriage Drive, Easton, PA 18045. 2. Defendant, CABBIE PERRY, is an adult individual located at 5008 Greenwood Circle, Enola, PA 17025. 3. At the special instance and request of Defendant, Chase Manhattan Bank issued to Defendant its Visa credit cazd, and from time to time thereafter, Defendant made vazious purchases, in which transactions Defendant made use of said Visa credit cazd. A true and correct statement of Defendant's account is attached hereto, made a part hereof and mazked Exhibit "A." 4. For value received, Chase Manhattan Bank assigned, transferred and set over to Plaintiff all its rights, title and interest in this claim. 5. By virtue of said assignment, Plaintiff acquired legal title to Defendant's aforementioned credit cazd account and became the legal holder of the claim against the Defendant. 6. Defendant has not adhered to the agreed-upon repayment obligations that govern the aforesaid Visa credit card account, by reason of which Defendant is in default thereof. 7. Defendant received, accepted and made vazious purchases using the credit cazd described in Exhibit "A," and a total amount which became due as a result thereof, after allowance for all proper credits for payments and/or adjustments, if any, was $19,541.88. 8. Plaintiff is entitled to receive interest on the above amount determined by applying the agreed interest rate of 24.00% per annum to the past due balance. As of August 27, 2007 the total amount of interest due to Plaintiff is $13,234.94. 9. Plaintiff is entitled to have the 24.00% interest chazge continue to accrue, as set forth above, from August 27, 2007 on down to the date of judgment in this matter. 10. Plaintiff has made demand against Defendant for the aforesaid sum, but Defendant has failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant for $32,776.82 together with the continually accruing interest chazge at the agreed rate of 24.00% per annum from August 27, 2007, costs of suit and all other relief to which Plaintiff may be entitled. COUNT II Alternative to Count I -Unjust Enrichment 11. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 12. The goods, wazes, merchandise and/or services, described in the exhibits attached hereto were purchased by Defendant, and Defendant received and accepted the benefit of such goods, wazes, merchandise and/or services provided by Plaintiff. 13. At all times material hereto, Defendant was awaze that Plaintiff was providing the aforesaid goods, wazes, merchandise and/or services to Defendant, and that Plaintiffexpected to be paid for such. 14. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise and/or services, and to incur damages. 15. At all times material hereto, Defendant was unj ustly enriched by retaining the benefit of receiving said goods, wazes, merchandise and/or services without paying Plaintiff fair and reasonable compensation. 16. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between Plaintiffand Defendant, and Defendant is obligated to pay Plaintiff the quantum meruit value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $19,541.88. WHEREFORE, Plaintiffdemands j udgment against Defendant for $19,541.88 together with the continually accruing interest chazge at the statutory rate of 6.00% per annum from August 27, 2007, costs of suit and all other relief to which Plaintiff may be entitled. AMATO AND ASSOCIATES, P.C. By: ~~~~~ Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM BLUESTONE Ir1VESTMENTS INC. 107 North Commerce Way Bethlehem PA 18017 CREDITOR NAME: ORIGINAL CREDITOR: ORIGINAL ACCOUNT #: DEBTOR NAME: ACCOUNT NUMBER: DATE OPENED: DATE LAST PAID: PRINCIPAL: INTEREST: INTEREST RATE: TOTAL: STATEMENT OF ACCOUNT Bluestone Investments, Inc. CHASE MANHATTAN BANK 4226910026143305 CARRIE PERRY 1070703 &195 9-16-04 $19,541.88 $13,234.94 24.0096 $32,776.82 VERIFICATION Carrie Tobin, hereby states that she is the Financial Administrator of Bluestone Investments, Inc., Plaintiff in this action, and verifies that the statements made in the attached Complaint are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Carrie Tobin P - n ~ ~ oo c-n c- ~ ~- ~ ~ .,p O ~ `~-s rn ;~ ,~„ W r _~ , 4/ ~ ~ ~' }!'t7 EIi .P. ~..,9 ^C SHERIFF'S RETURN - REGULAR CASE N0: 2007-05218 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BLUESTONE INVESTMENTS INC VS PERRY CARRIE 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 PERRY CARRIE the DEFENDANT at 2016:00 HOURS, on the 13th day of September, 2007 at 838 ANTHONY DRIVE MECHANICSBURG, PA 17050 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 4~~,d~o ~ ~.,. So Answers: 18.00 12 .4 8 ~1i~~~~~a'n'~'~:C ~ . .00 1 10.00 R. Thomas Kline .00 40.48 09/14/2007 AMATO & ASSOCIATES Sworn and Subscibed to before me this of By: ~ day Deputy Sherif A.D. t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BLUESTONE INVESTMENTS, INC. Plaintiff vs. CARRIE PERRY Defendant No. 07-5218 Civil CIVIL ACTION PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment by default for want of an answer in favor of Plaintiff and against the above-named defendant(s) only and assess damages as follows: Debt $32,776.82 Interest (from 8/27/07 to 10/17/07 at 24% per annum) 1,147.17 Payments 0.00 Total 533,923.99 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. Pursuant to RCP 237.1, I certify that a copy of the annexed written notice(s) of intention to file this praecipe was mailed or delivered to all parties against whom judgment is to be entered and to their attorney of record, if any, after the default occurred, and at least ten days prior to the date of filing of this praecipe. Please note that said notice was mailed to all parties on October 4, 2007. Dated: 2007 AMATO AN'~OCI S, P.C. By; Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM 1070703 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BLUESTONE INVESTMENTS, INC. Plaintiff vs. CARRIE PERRY Defendant No. 07-5218 Civil CIVIL ACTION CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: C/O Amato and Associates, PC 107 North Commerce Way Bethlehem PA 18017 I do certify that the precise last known address of the within named defendant is: 838 Anthony Drive Mechanicsburg PA 17050 AMATO AND AS CIAT .C. By: onald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BLUESTONE INVESTMENTS, INC. Plaintiff No. 07-5218 Civil vs. CARRIE PERRY CIVIL ACTION Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON The undersigned, being duly sworn, according to law, deposes and says that he is unable to determine whether or not the above Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of The Servicemembers Civil Relief Act; That Carrie Perry is over 18 years of age, resides at 838 Anthony Drive, MECHANICSBURG PA 17050 and is employed; Sworn to and subscribed before me this~3 day of ~-r.-~, 2007 ~, NOTA PUBLI NOTARIAL SEAL GEOFFREY G SCHOENECK Notary Public HANOVER TOWNSHIP, NORTHAMPTON CNTY My Commissl0a Expires Mar 29, 2008 - .. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BLUESTONE INVESTMENTS, INC. Plaintiff No. 07-5218 Civil vs. CARRIE PERRY Defendant(s) T0: Carrie Perry 838 Anthony Drive Mechanicsburg PA 17050 Date of Notice: October 4, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY 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 South Bedford Street Cazlisle, PA 17013 (717) 249-3166 AMATO AND ASS CI S, P,C. By: Ronald Amato, q., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Attorney File# 1070703 iy '~'4. ~`+ ~r~ ~j ICJ ~J ~ ' ~j ~ ..+'" T V () ~ ~ VVV w '~RTy ~ ~ '`~ 1 Y V \ y ~ ~ ,,,err x~.~ .r~"~i l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BLUESTONE INVESTMENTS, INC. Plaintiff No. 07-5218 Civil vs. CARRIE PERRY . CIVIL ACTION Defendant . NOTICE OF JUDGMENT (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE-NAMED DEFENDANTIs) IN THE AMOUNT OF $33,923.99 ON ~ ~Q , 2007. A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTARY -CUMBERLAND COUNTY If you have any questions concerning the above, please contact the undersigned. AMATO AND OCIA S, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM