Loading...
HomeMy WebLinkAbout07-7428 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACV of Colorado, LLC NO: pq - 74a8 eiv" l le'm VS MOSTAFA HABBATI NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set fourth In the following pages, you must take action within (20) days after the Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court you defenses or objections to the claims set fourth 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 of any money claims or any other claim or relief requested by the PlantifF. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIIRING 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. LAWYER REFERRAL SERVICE Court Administrator 41' Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 Harrison Ross Byck, Esq., P.C. 229 Plaza Boulevard Suite 112 Morrisville, Pennsylvania 19067 1-888-275-6399/ (215) 428-0666 Attorney for Plaintiff CACV of Colorado, LLC 4340 S. Monaco Street- 2nd Floor: DENVER, CO 80237 Plaintiff, Vs. MOSTAFA HABBATI 38 STEPHEN ROAD APT E07 CAMP HILL, PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. Defendant(s). COMPLAINT To: MOSTAFA HABBATI 38 STEPHEN ROAD APT E07 CAMP HILL, PA 17011 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 the court without further notice may enter a judgement against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose 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. LAWYER REFERRAL SERVICE Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 Plaintiff, CACV of Colorado, LLC, by its attorney Harrison Ross Byck, by way of complaint against defendant(s) MOSTAFA HABBATI, avers the following: 1. Plaintiff, CACV of Colorado, LLC, is a Colorado limited liability company doing business at 4340 S. Monaco Street- 2nd Floor; Denver, Colorado 80237. 2. Defendant, MOSTAFA HABBATI, is an individuals residing at 38 STEPHEN ROAD APT E07; CAMP HILL, PA 17011. 3. Defendant, MOSTAFA HABBATI, is indebted to CHASE MANHATTAN BANK on an account stated by and between them in the amount of $4,219.42 which balance was due and unpaid as of September 30, 2004 for credit card account number 5183 3890 0015 8001. <Exhibit A> 4. On or about October 7, 2004, Chase Manhattan Bank sold the debt for good and valuable consideration to plaintiff, CACV of Colorado, LLC. <Exhibit B> 5. Defendant (s) MOSTAFA. HABBATI last tendered a payment on this account on or about February 26, 2004 for $43.00. 6. A copy of the credit card agreement is attached hereto. <Exhibit C> 7. Plaintiff is entitled to charge-off account finance charges of $-0-. <Exhibit A> 8. Plaintiff is entitled to pre-litigation charge-off interest of $2.77 per day from the default date (24.00% annual percentage rate x $4,219.42/ 365 days) or $2.77 x 600 days = $1,664.65, which is accrued interest through the date of filing, plus an award of late fees of $-0-, plus court costs $178.50 and reasonable attorneys fees of $600.00. <Exhibit A> 9. The defendant, being indebted to the plaintiff in the sum or$6,662.57 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $6,662.57 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for$6,662.57 together with other interest, costs of suit, and an award of reasonable attorney's fees. Date: November 12, 2007 EXHIBIT A Page 2 of 2 PAYMENT DUE DATE NEW BALANCE MINIMUM DUE 10123/2004 1 $4,219.42 I $2,063.42 Jan 23 2007 ACCOUNT NUMBER: 5183 3890 0015 8001 acsimi *1e MOSTAFA HABBATi eaoo P O BOX 244 LMYONE PA 17043 O CHASE Chats MasiberCard- A000(JNT NUMBER: 5183 3890 04115 Rnlll NEW BALANCE PAYMENT TOTAL TOTAL STATEMENT 219 $4 42 DUE DATE CREDIT LINE AVAILABLE CREDIT CLOSING DATE , . 101230004 $2,500 $0.00 09/2812004 aaee* es 7'uur Account Summary: TOTAL Previous Balance $4.18523 (-) Payments, Credits 0.00 (t) Purchases, Cash, DOW& 0.00 (+) FINANCE CHARGES 34,19 (_) Now Balance 4,219.42 Minimum Due 43.00 Past Due - Pay Immediately 301.00 Over Line - Pay immecfistdy 1,719.42 Minimum Paymant Due $2,063.42 Here are your Charges and Credits at a of Total of your craft and cMmev. 0.00 0.00 Here's how we determined your Finance Charge*: n.,.. 1- nau--- DAILY AVERAGE IPERIODICiMIN. TOTAL NOMINAL ANNUAL ANNUAL PERIODIC DAILY FINANCE FINANCE PERCENTAGE PERCENTAGE RATE BALANCE CHARGE CHARGE RATE RATE Cash Purchases 0.02466% $2,274.24 $18.51 4618.51 9.00% 9.00% 0.02466% $1.927.54 $15.E8 4615.88 9.0096 9.00% • Please see reaarse aele +- --- Questions about your aocounl? Credit Card lost or stdon? Call Chase Customer Service 24 hours a Day, 7 days a week, toll-free, at 1-800-845-7444 orwrite P.O. BOX 15683, Wilmington. DE 16886-1194. Pamservido al Cllente an Eq)afkl: 1-800-545-0484. Pape 1 of 1 EXHIBIT B CERTIFICATE OF PURCHASE I, Jason Willis hereby depose and state that: 1. I am an Authorized Agent of CACV of Colorado, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: MOSTAFA HABBATI Original Creditor: Chase Manhattan Bank Account Number: 5183389000158001 3. On or about October 7, 2004 this account was issued by the original creditor. CACV of Colorado, LLC is the current owner of the account and purchased the account for good and valuable consideration. APR 2 6 20017 Date: By Sworn and subscribed to before me this day of -Ao 2007. ?AAZI Notary Public KRISTEN M. JOHNSON NOTARY PUBLIC STATE OF COLORADO My Commission Expires: My Commission Expires 11/03/2010 EXHIBIT C .,e Ra N w ? O It r Q L(?•? bli0G1', Mme" MA ea A v Unso V1 :z 13, I 3,44 A. I }i V Lam, ? A .M.'s $?' c -if sFtv! -- .?.$e$:? d? • rah n LX a?. g 3 v 5$i as C ? cgs ? 'Oka ' son N t.4 '.7• t yon VIM 0l a' M C8 aM BS o go 40 1 1.11 O 10. 4rj sit w ;= - .p.5 %. 1E I IV5 lr, g BgM?¢ g ` `mod w ? 124, ? $" fiwM ids si -3 02 ff dr L I Ivall-12H AT r s psg ;ci-, P 114 21? a E M,Ilito I ?8 . lei B. e? rEs X.I. 02 N i ° 5 B Ak-, Z-9 9 N' C A423 IS1.41ce aim rp L 48 J, lip I CU aei M = HIS Q ?r;.f C r ?? fir*. C r? O V ?s -9 WN 10 li4if III H L NIM, sc?,????o ?? aka A f a3da Ell Ep?? 4P 16 g i to ;. N i Ito ,tg tltl N O? ??a, 5 ? arm der 'AM ata e? i C• Ulu X, oo . villa c e 411 ?. 40 -lie tv s? 11115 ? ?i ?. ? s *..6 'oil . $ p? A ? ? pf5 d ? ! 44, a an WIC 91 dI .'? P v N cg?E=s ; Ici ?e o?S?r CM 9 0 QSam16 ° all 4L w Lva ?€3 3 o 02 AI A . ipl 2A e ? a Ale Y . unp. Bit- a o .?-fill r "• v €? 1 Mc has - ?Mu] . ul 11 1 : 5 Is 0 M o$ MI 9 Ali s to it 1 0? tl c • n t ".? .. 2 CM %! 3 s MIR: 8l o, A B a 02-2 It .3? • a? 43. - a ?• g ? ?x »o sit O'?? MNNMVlMN .. .4 IMIN sI ELL ??. • g ?.~AlN15- w C 5f• uwa g sses§§QSs eavo JR o -if 4 RPM - RIP E ? o ?o s? G 0 a W ? W L? r h Em N o? o N k, 4!11 08 &s-q v* N r 40 r? all H011) .? Jill t ?l s n. 6 V Is l b A l i b• Hit lug 16 . F b.' s lit w ?. 4 1;5 3 JJA F .? . fill .. I.CV1, I?$ 21 E' 'Iris ss0 a P V g fir ?s fit . ?. =s ?g?•l?p??jl ?i?F({a??'!1fie' :;??r+?tr? fit 16?jMAW11 fi.ll]??f ?7 ?tt38??f I BIB i 9 MI pq Be all # Mak. 9 t ?? VERIFICATION Op hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that MOSTAFA HABBATI owes the balance of $4,219.42 to CACV of Colorado, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. By Dated: APR 2 6 2007 Authorized Representative r7To f 1 _ f 25 *6 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07428 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF ?.UMBFJZLAND CACV OF COLORADO LLC VS HABBATI MOSTAFA R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HABBATI MOSTAFA but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT HABBATI MOSTAFA 38 STEPHEN ROAD APT E 07 CAMP HILL, PA 17011 CURRENT RESIDENT AT THAT ADDRESS HAS BEEN THERE FOR OVER A YEAR. NOT FOUND , as to Sheriff's Costs: So answers. - -" Docketing 18.00 Service 14.40 Not Found 5.00 R. Thom s Kline Surcharge 10.00 Sheriff of Cumberland County .00 ??63?op,, ? 4 7 . 4 0 HARRI SON ROSS BYCK 12/27/2007 Sworn and Subscribed to before me this day of , A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACV of Colorado, LLC NO: 01- '74A9 C?Y? I iern, VS MOSTAFA HABBAT! r" COR FROM RECORD in Tum=w whet d, i here unfio set my law 94 veal of said Court at cows, h. _., -shy aL...Lea JUI7 NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set fourth in the following pages, you must take action within (20) days after the Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court you defenses or objections to the claims set fourth 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 of any money claims or any other claim or relief requested by the Plantiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT MIRING 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. LAWYER REFERRAL SERVICE Court Administrator 40' Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 T4003R MOW1 yqCO') 0)4'i ,?uo vns tm, ?iAvvlw yawla1z"T Harrison Ross Byck, Esq., P.C. 229 Plaza Boulevard Suite 112 Morrisville, Pennsylvania 19067 1-888-275-6399/ (215) 428-0666 Attorney for Plaintiff CACV of Colorado, LLC 4340 S. Monaco Street- 2nd Floor: DENVER, CO 80237 Plaintiff, Vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. MOSTAFA HABBATI 38 STEPHEN ROAD APT E07 CAMP HILL, PA 17011 Defendant(s). COMPLAINT To: MOSTAFA HABBATI 38 STEPHEN ROAD APT E07 CAMP HILL, PA 17011 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 the court without further notice may enter a judgement against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose 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. LAWYER REFERRAL SERVICE Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 Plaintiff, CACV of Colorado, LLC, by its attorney Harrison Ross Byck, by way of complaint against defendant(s) MOSTAFA HABBATI, avers the following: 1. Plaintiff, CACV of Colorado, LLC, is a Colorado limited liability company doing business at 4340 S. Monaco Street- 2nd Floor; Denver, Colorado 80237. 2. Defendant, MOSTAFA HABBATI, is an individuals residing at 38 STEPHEN ROAD APT E07; CAMP HILL, PA 17011. 3. Defendant, MOSTAFA HABBATI, is indebted to CHASE MANHATTAN BANK on an account stated by and between them in the amount of $4,219.42 which balance was due and unpaid as of September 30, 2004 for credit card account number 5183 3890 0015 8001. <Exhibit A> 4. On or about October 7, 2004, Chase Manhattan Bank sold the debt for good and valuable consideration to plaintiff, CACV of Colorado, LLC. <Exhibit B> 5. Defendant (s) MOSTAFA. HABBATI last tendered a payment on this account on or about February 26, 2004 for $43.00. 6. A copy of the credit card agreement is attached hereto. <Exhibit C> 7. Plaintiff is entitled to charge-off account finance charges of $-0-. <Exhibit A> 8. Plaintiff is entitled to pre-litigation charge-off interest of $2.77 per day from the default date (24.00% annual percentage rate x $4,219.42/ 365 days) or $2.77 x 600 days = $1,664.65, which is accrued interest through the date of filing, plus an award of late fees of $-0-, plus court costs $178.50 and reasonable attorneys fees of $600.00. <Exhibit A> 9. The defendant, being indebted to the plaintiff in the sum or$6,662.57 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $6,662.57 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for$6,662.57 together with other interest, costs of suit, and an award of reasonable attorney's fees. Date: November 12, 2007 Harrison Ros Byck EXHIBIT A Pape 2 ad2 PAYMENT DUE DATE NEW BALANCE MINIMUM DUE 1012312004 1 $4,219.42 I $2,063.42 ran 23 2007 ACCOUNT NUMBER: 5183 3890 0015 8001 Facsimi ' MOSTAFA HABBATI 9000 P O BOX 244 LMYONE PA 17043 Copy O CHASE Chase MwtelGrd- A000iJNT NUMBER: 5183 38" 0(115 8001 NEW PAYMENT TOTAL TOTAL STATEMENT BALANCE DUE DATE CREDIT LINE AVAILABLE CREDIT CLOSING DATE $4,219.42 10123/2004 .$2,500 $0.00 09/21112004 Here is your Account Summary: TOTAL Previous Balance $4,185.23 (-) Pia. tredks D.OD (+) Pwelvanea, Cash, Debits 0.00 (+) FINANCE CHARGES 34.19 (_) NOW Balance 4,219.42 Minimum Due 43.00 Pont Due - Pay kayMb tely 301.00 Over Lie - Pay Imnedaddy 1,719.42 MHmumi Psymant Due $2.063.42 Hero are vour Charges and Credits at a Told of your credits wW charpss 0.00 0.00 Here's how we determined your Finalise Charges: Days 1a BUIng Cyd= 33 NOMINAL DAILY AVERAGE PERKVIC/MIN. TOTAL ANNUAL ANNUAL PERIODIC DAILY FINANCE FINANCE PERCENTAGE PERCENTAGE RATE BALANCE CHARGE CHARGE RATE RATE Cash 0.02486% !$2,274.24 $18.51 $18.51 9.00% 9.00% Purchasers 0.02468% $1.927.54 $15.68 $15.68 9.00% 9.00% • Please see reverse side for balance comptdvidon method and other Important infornwaon. Questions about your account? Credit Card lost or atdsM Call Chase Customer SerAw 24 taws a Day, 7 days a vmok, tall-free, at 1-800-645-7444 or write P.O. BOX 16%3. Wilmington. DE 19MG-1194. PamServldo al Clknte an Espafioi: 1-800-545-0484. Pape 1 of 1 EXHIBIT B CERTIFICATE OF PURCHASE I, Jason Willis , hereby depose and state that: 1. I am an Authorized Agent of CACV of Colorado, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: MOSTAFA HABBATI Original Creditor: Chase Manhattan Bank Account Number: 5183389000158001 3. On or about October 7, 2004 this account was issued by the original creditor. CACV of Colorado, LLC is the current owner of the account and purchased the account for good and valuable consideration. APR 7 Date: By Sworn and subscribed to before me this day of rj' 2007. Notary Public KRISTEN M. JOHNSON NOTARY PUBLIC STATE OF COLORADO My Commission Expires: My Commission Expires 11!03/2010 EXHIBIT C jail ojc Wet .-.. wi til le. 4w. b g I All all 93 d i 6t'j 6S A •G -6 cy -Al. gir 6,111 1111 w a tt yp 4 art 40 sill Vej "s 'Si g 1 IV's gm N s WAIN a .. r a 19 sc C, 4-A I I M . t .. Re lei -4 1 r 14 Y Iri TL I Sig oil% ? r r lilts '? SSO !S rS? ista r' SI E ?? sss g .b y p mw $ a- I' ?s.d t??Sf3 ?r . OM *4 r ILI .?. k Sat a A, o O is r aak a I n lit VII Wes", Hin 0 s g`S?a i?r??Ta? ?9 i? IG r-sa3a o3a?wN?++•?_ •.••?,••_•... •.___- - - - , 0 w Ka _ka " -oil I O a' O y WES isc l sw E ??s am -- A-I'M _. a_41 y-. 60 1 tit N/MMN??'M F Ott, 0 flat Sul. Jan. r M- Z= 0 N? . I-is lug Mu 'M ?a a &W r 40 ffi • r 111 sit fix Jul AP G 'A# ?. s a aI'M ? fit a ?a lool m %P 41 MIN,'a? t I A . ,s st R? ?. "A p , ?j si V At 14 ,I, Av sit rb IS t re lit 5? ' # its -a ! X00 1 1 $ VIP f? # I two s s.? Uds& V'w 19 OVA ?it t VERIFICATION I, 5= hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that MOSTAFA HABBATI owes the balance of $4,219.42 to CACV of Colorado, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. By Dated: Authorized Representative e ^_ t." ?? i 4 ?i ,u c Harrison Ross Byck, Esq. P.C. Attorney I.D. No. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399// (215) 428-0666 Attorney for Plaintiff CACV OF COLORADO, LLC. ) CUMBERLAND COUNTY 4340 SOUTH MONACO STREET 2ND ) COURT OF COMMON PLEAS FLOOR ) DENVER, CO 80237 ) Plaintiff, ) VS. ) N o.: 07-7428 MOSTAFA HABBATI ) 38 STEPHEN ROAD APT E07 ) CAMP HILL, PA 170H ) Defendant. PRAECIPE TO REINSTATE TO THE PROTHONOTARY: L_) Reissue Writ ( X ) Reinstate Complaint $4W30 61511 Date January 28, 2009 T7 f Al 14 Q r SHERIFF'S RETURN - REGULAR CASE NO: 2007-07428 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS HABBATI MOSTAFA NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HABBATI MOSTAFA the DEFENDANT at 0018:51 HOURS, on the 20th day of February-, 2009 at 312 S. FRONT ST. APT. 1 R WORMLEYSBURG, PA 17043 by handing to MOSTAFA HABBATI DEFENDANT 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 Service Affidavit Surcharge Postage Sworn and Subscibed to before me this of So Answers: 18.00 14.40 00 10.00 R. Thomas Kline .42 42.82 02/23/2009 HARRISON ROSS BYCK By: day Deputy Sheriff A.D. ?, _., ??3 <?: ,r3 „? -,? -? - y" =:? c ?? ?? ....?. ?„• :.{?, ?J. "`• .? Harrison Ross Byck, Esq., P.C. Attorney I.D. No. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399//(215)428-0666 CACV OF COLORADO, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s), ) NO: 2007-07428 vs. ) MOSTAFA HABBATI PRAECIPE TO ENTER Defendant(s). ) JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter a Default Judgment in favor of plaintiff, CACV OF COLORADO, LLC, and against the defendant(s), MOSTAFA HABBATI, for failure to answer or otherwise respond to the Complaint in Civil Action. The Complaint was served upon the defendant(s) on February 20, 2009. A copy of the proof of service is attached hereto as Exhibit "A". A copy of the Notice of Intention to take Default mailed to defendant(s) MOSTAFA HABBATI by regular United States mail, postage paid, on MARCH 19, 2009, is attached hereto as Exhibit "B". Assess damages in the amount of $ 5443.66 as follows: [a] $ 4219.42 principal being sought in the Complaint; [b] and $ 624.24 interest being sought in the Complaint; [c] and reasonable attorney's fees of $ 600.00, or $ 150.00 per hour, [d] and Court Costs of $ 0.00, [e] and Costs of Service of $0.00. Date: June 11, 2009 By: Allan C. Smith, Esq. Attorney I.D. No. 204756 CASE NO: 2007-07428 P P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS HABBATI MOSTAFA NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HABBATI MOSTAFA the DEFENDANT , at 0018:51 HOURS, on the 20th day of February , 2009 at 312 S. FRONT ST, APT. _1 R WORMLEYSBURG, PA 17043 MOSTAFA HABBATI DEFENDANT 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 Postage .42 42.82 Sworn and Subscibed to before me this day by handing to So Answers: R. Thomas Kline 02/23/2009 HARRISON ROSS BYCK By: Deputy Sheriff of A. D. Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399//(215)428-0666 Attorney for Plaintiff CACV OF COLORADO, LLC Plaintiff, vs. MOSTAFA HABBATI Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2007-07428 CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT I, ALLAN C. SMITH, ESQ., of full age, certify that I mailed a copy of the annexed NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT upon defendant MOSTAFA HABBATI by United States mail, postage prepaid and certified mail, on MARCH 19, 2009 at his/her last address of: 312 S FRONT STREET APT 5 LEMOYNE, PA 17043 Date: June 11, 2009 By: Allan C. Smith, Esq. Attorney I.D. No. 204756 Harrison R. Byck, Esq., P.C. Attorney I.D. No. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1.888-275-6399//(215)428-0666 Attorney for the Plaintiff CACV OF COLORADO, LLC. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) VS. ) No.: 2007-07428 MOSTAFA HABBATI ) NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: MOSTAFA HABBATI 312 S FRONT STREET APT 5 LEMOYNE, PA 17043 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 TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) 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 CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Dated: March 19, 2009 Harrison Ross Byck, Esq., P.C. Attorney I.D. No. 61511 229 Plaza Blvd. Suite 112 Morrisville, PA 19067 1-888-275-639911(215) 428-0666 Attorney for Plaintiff CACV OF COLORADO, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) vs. MOSTAFA HABBATI NO: 2007-07428 Defendant(s). CERTIFICATION OF NON-MILITARY SERVICE I, ALLAN C. SMITH, ESQ. of full age, certifies as follows: 1. I am the plaintiff's attorney herein, and have sufficient knowledge of the facts and am fully authorized to make this Certification; 2. My information is that the defendant is MOSTAFA HABBATI. 3. Our latest information is that the defendant is employed at Exel Inc.. 3. To the best of my information and belief, the Defendant is not a member of the military services of the United States of its allies or otherwise within the provisions of the Soldiers' and Sailors' Relief Act of 1940, as amended, and as stated in the attached Department of Defense Manpower Data Center reports. 5. This certification is taken subject to the penalties of 18 PaCSA 4904 relating to unsworn falsification to authorities. Date: June 11, 2009 By Allan C. Smith, Esq. Attorney I.D. No. 204756 Regyest for Military Status Department of :Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembecs Civil Relief Act Page 1 of 1 JUN-10-200914:16:03 '4K Last Name First/Middle Begins Date Aefte Duty Status SawiedAgency HABBA'n MOSTAFA Basal on the information you have famished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon sxarching the information data banks of the Department of Defense Manpower Data Center, based on the information that ,you provided, the above is the current status of the individual as to all branches of the Military. )jjjj)t LA...11 - * I Ae?Nw Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Emollumt and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical taro and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembeis Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a smallemu rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged) to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain tiuther information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-ccmtact. See: bo:/Arxw.defemlbdwuilffimilpi&WO9SLDIUMI WARNING: This certificate was provided based on a now and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID.BCBCPTDBQItQ https://www.dmdc.osd.miYscralowa/scm.prc_Select 6/10/2009 FILED-0,F OF THE PRCT' 4 ,OTAR t 2009 JUN 29 PM 2: 14 CLU&. ; " t ?'` ?utifiY Cl! ti- L i:tNNSYLVANIA .* Woo Pp ATM Cot 011641 Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd. Suite 112 Morrisville, PA 19067 1-888-275-6399 J! (215) 428-0666 Attorney for Plaintiff CACV OF COLORADO, LLC ) Plaintiff, ) VS. ) MOSTAFA HABBATI Defendant(s). ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2007-07428 To: MOSTAFA HABBATI 312 S FRONT STREET APT 5 LEMOYNE, PA 17043 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: A-,/ , ? , By: lola4?oq X Judgment by Default Money Judgment - Judgment in Replevin Judgment for Possession - Judgment on Award of Arbitration - Judgment on Verdict Judgment on Court Verdict If you have any questions concerning the above, please contact: ATTORNEY: HARRISON ROSS BYCK, Esquire at 215-428-0666 or 1-888-275-6399 LAW FIRM OF ALLAN C. SMITH, P.C. BUCKS COUNTY OFFICE CENTER 1276 VETERANS HIGHWAY, SUITE E-1 BRISTOL, PA 19007 Attorney for Plaintiff CACV OF COLORADO, LLC. ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND FLOOR ) CUMBERLAND COUNTY DENVER, CO 80237 ) Plaintiff, ) r? .r. .. VS. ) No.: 2007-07428 MOSTAFA HABBATI ) On C4(- w _-° r 312 S FRONT STREET APT 5 ) p LEMOYNE, PA 17043 ) cp : ENTRY OF APPEARANCE TO THE PROTHONOTARY: Ilan . Smi , Esq. I.D No. 204756 Law Firm of Allan C. Smith, P.C 1276 Veterans Hwy- Suite E-1 Bristol, PA 19007 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: action. Kindly enter my appearance of behalf of CACV OF COLORADO, LLC., the plaintiff in this action. Kindly withdrawal my appearance of behalf of CACV OF COLORADO, LLC., the plaintiff in this o Harrison Ross Byck, Esq. P.C 1276 Veterans Hwy- Suite E-1 Bristol, PA 19007 Ross B sq. orney ID . 61511 Law Offi of ' Date: November 16, 2011 Law Firm of Allan C. Smith,P.C. C Attorney I.D. #204756 `' Ii` flN(3 Bucks County Office Center ?'L � 1276 Veterans Highway, Suite E-1 211130C1 ti I Pti I2' 10 Bristol, Pennsylvania 19007 Tel (215)428-0666/Fax (215)428-0740 CUMBERLAND COOP( Attorney for Plaintiff PENNSYLVANIA CACV OF COLORADO, LLC. IN THE COURT OF COMMON PLEAS 4340 S. MONACO STREET - 2ND FLOOR CUMBERLAND COUNTY, PENNSYLVANIA DENVER, CO 80237 CIVIL ACTION Plaintiff(s), vs. DOCKET NO.: 2007-07428 MOSTAFA HABBATI Defendant. ORDER TO SATISFY OR SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the Judgment in the above matter as Satisfied. This case is now closed. ® Kindly mark the above case Settled,Discontinued and Ended WITHOUT prejudice and without costs against either party. OR ❑ Please mark the above matter: Date: October 3, 2013 B :- % A �_ ! . !�'! ALLAN C. S ITH, ESQ.