HomeMy WebLinkAbout08-09660#
2038135
THIS IS AN ARBITRATION MATTER.
DAMAGES HEARING REQUIRED.
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,
LLC ASSIGNEE OF CHASE
600 17TH ST SUITE 80ON
DENVER, CO 80202
VS.
TAMMY S NEWELL
10 GARDEN PARKWAY
CARLISLE, PA 17013
ASSESSMENT OF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. ag - 9 to(p 0, t% J, ( Fef M
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
,`
.1
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(s) was the
holder of a credit card, which at the request of the defendant(s)
was issued to the defendant(s) by the plaintiff under the terms of
which the plaintiff agreed to extend to defendant(s)the use of
plaintiffs credit facilities.
3. Defendant (s) 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. The defendant (s) received and accepted goods and merchand-
ise and/or accepted services or cash advances through the use of
the credit card issued by the Plaintiff. A true and correct copy
of the Statement of Account, if available, is attached hereto as
Exhibit "A".
5. All the credits to which the defendant (s) is entitled have
been applied and there remains a balance due in the amount of
$1,909.27.
6. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $1,909.27 but the defendant(s)has
failed and refused and still refuses to pay the same or any part
thereof.
7. Defendant's last payment on account was made on October
10, 2005.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$1,909.27 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I. WE NBERG, ESQUIRE
JOEL M. FLINK, ESQU E
Attorney for P1 ntiff
POlA.DB
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VERIFICATION
FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the
attorney for the Plaintiff (s) in this action and verifies that the
statements made in the foregoing pleading are true and correct to
the best of his 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.
Z*14
FREDERIC I. (EINBER , ESQUIRE
HARVEST CREDIT MGT VII
LAST STATEMENT DETAILS FOR
CHASE
ACCOUNT#: 4266841041785377
LGBS#: EH110470
TAMMY S NE
CARLISLE PA 17013
SSN:
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LAST STATEMENT: N/A 24%
INTEREST RATE:
BALANCE DUE: $1,384.13 LAST PAYMENT: October 10, 2005
AVAILABLE BALANCE: $0.00 OPEN DATE: June 07, 2005
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-00966 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HARVEST CREDIT MANAGEMENT VII
VS
NEWELL TAMMY S
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
NRWFLL TAMMY S the
DEFENDANT , at 1628:00 HOURS, on the 19th day of February , 2008
at 10 GARDEN PKWY
CARLISLE, PA 17013-9255 by handing to
TAMMY NEWELL
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
,?/as'f o ? ?•
18.00
4.80
.00
10.00
.00
32.80
So Answers:
Sworn and Subscibed to
before me this
of
day
R. Thomas Kline
02/20/2008
GORDON & WEINBERG
By: ?// // // )
ttf S e ff
A.D.
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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
2038135
HARVEST CREDIT MANAGEMENT VII,
LLC assignee of Chase
VS.
TAMMY S NEWELL
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08-966 CIVIL TERM
PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT
OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE
TO THE PROTHONOTARY:
Enter judgment for want of an answer for plaintiff and
against defendant(s) above named only and assess damages
certified to be calculable as a sum certain from the complaint,
as follows:
Principal $1,909.27
Less: Payment on Account ( $100.00)
Total: $1,809.27
Understanding the false statements made herein are subject to
penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to
Authorities, I verify that:
1. The last known addresses of the parties are: HARVEST
CREDIT MANAGEMENT VII,LLC assignee of Chase and that the last known
address of defendant, TAMMY S NEWELL, 10 GARDEN PARKWAY, CARLISLE PA
17013.
2. The annexed notice(s) of intention to file this
praecipe was (were) mailed to all parties, defendant and to their
record attorneys, if any, after default occurred, and at least
ten days prior to the date of filing of this praecipe.
3. The said defendant(s) is (are) not in the military
service of the United States or otherwise within the coverage of
the Soldiers and Sailors Civil Relief Act and is (are) over 18
years of age.
AND NOW, this oZ IS+ day of f'lpri 2008 Judgment
is entered in favor of the plaintiff(s) and against defendant(s) by
default for want of an answer and damages assessed at the sum of
$1,809.27 as per the aboveen certification.
P othonotary
GORDON & WEINB RG, P.C.
BY:
FREDERIC I. W BERG, ESQUIRE
JOEL M. FL ESQUIRE
Attorney for Plaintiff
'w
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
2038135
HARVEST CREDIT MANAGEMENT VII, LLC
assignee of Chase
vs.
TAMMY S NEWELL
TO/PARA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08-966 CIVIL TERM
NOTICE OF INTENTION TO TAKE DEFAULT
TAMMY S NEWELL
10 GARDEN PARKWAY
CARLISLE PA 17013
DATE OF NOTICE/FECHA DEL AVISO: March 12, 2008
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 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. ;-17?
BY:
FREDERIC I. W BERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
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2038135
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,
LLC assignee of Chase
VS.
TAMMY S NEWELL
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO
08-966 CIVIL TERM
NOTICE
Pursuant to Pa.R.Civ.P. 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.
/XL Judgment by Default $1,809.27
?L Money Judgment $
Judgment on Award of Arbitrators$
?l Judgment on Verdict$
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL
ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS
TELEPHONE NUMBER: 484/351-0500
P OTHONOTARY
y/ 1/°e
?e
2038135
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,
LLC assignee of Chase
600 17th St Suite 80ON
Denver, CO 80202
vs.
TAMMY S NEWELL
10 GARDEN PARKWAY
CARLISLE PA 17013
and
Cornerstone FCU
5 East Gate Drive
Carlisle, PA 17013
GARNISHEE
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08-966 CIVIL TERM
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
TANNY S NEWELL
defendant(s)and
(2) against
Cornerstone FCU
garnishee(s)
(3) AMOUNT DUE $1,809.27
INTEREST
from April 21, 2008 $432.08
COSTS
Prothonotary fee
Sheriff fee
TOTAL
FREDERIC I. ERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
APY
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-966 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HARVEST CREDIT MANAGEMENT VII, LLC
assignee of CHASE, Plaintiff (s)
From TAMMY S. NEWELL, 10 Garden Parkway, Carlisle, PA 17013
(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:
CORNERSTONE FCU, 5 East Gate Drive, 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 $1,809.27
Interest from 4/21/08 -- $432.08
Atty's Comm %
Atty Paid $152.30
Plaintiff Paid
Date: 6/15/09
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
dA t? -,
IL ?
C s R. Long, Pro p?
By:
REQUESTING PARTY:
Name FREDERIC E. WEINBERG, ESQUIRE
Address: GORDON & WEINBERG, P.C.
1001 E. HECTOR STREET, STE 220
CONSHOHOCKEN, PA 19428
Attorney for: PLAINTIFF
Telephone: 484-351-0500
Deputy
Supreme Court ID No. 41360
Sheriffs Office of Cumberland County
R Thomas Kline ? pcV of C [Ijr1b, Edward L Schorpp
Sheriff Solicitor
-,
Ronny R Anderson Jody S Smith
Chief Deputy OFFICE `"ERirr Civil Process Sergeant
Harvest Credit Management VII, LLC assignee of Chase
Case Number
vs.
Tammy S Newell 2008-966
SHERIFF'S RETURN OF SERVICE
06/17/2009 04:05 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 17,
2009 at 1600 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Tammy S. Newell, in the hands, possession, or control of the within
named garnishee, Cornerstone Federal Credit Union, 5 Eastgate Drive, Carlisle, Cumberland County,
Pennsylvania, 17013 by handing to Lindsey Miller, Receptionist 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 June 18, 2009 to Tammy S. Newell at 10
Garden Parkway, Carlisle, PA 17013.
So Answers, 000,
R. homas Kline, Sheriff
4:
?eputy Sheriff
c` C
z c_..
fhi "G
2038135
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,
LLC assignee of Chase
vs.
TAMMY S NEWELL
and
Cornerstone FCU
Garnishee
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08-966 CIVIL TERM
PRAECIPE TO DISSOLVE ATTACHMENT
TO THE PROTHONOTARY:
Kindly dissolve the attachment of the defendant's bank
account with Cornerstone FCU, as Garnishee in the above entitled
matter.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I. WEIN ERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
P011
Ft ARY
2009 JUL -6 PI
1-1 1: 0 4
+g.00 PC, ATI-f
(x,Ksg933
eT+ a(%7&oy
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith rc+ t
Chief Deputy
Edward L Schorpp
Solicitor
t.
Harvest Credit Management VII, LLC assignee of Chase Case Number
vs.
Tammy S Newell 2008-966
SHERIFF'S RETURN OF SERVICE
06/17/2009 04:05 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 17,
2009 at 1600 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Tammy S. Newell, in the hands, possession, or control of the within
named garnishee, Cornerstone Federal Credit Union, 5 Eastgate Drive, Carlisle, Cumberland County,
Pennsylvania, 17013 by handing to Lindsey Miller, Receptionist 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 June 18, 2009 to Tammy S. Newell at 10
Garden Parkway, Carlisle, PA 17013.
04/08/2010 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: $86.58
April 08, 2010
SO ANSWERS,
RONN'Y R ANDERSON, SHERIFF
?7
/ Sharon R. Lant
? . so 1?c
elm 7'sz? L
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-966 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HARVEST CREDIT MANAGEMENT VII, LLC
assignee of CHASE, Plaintiff (s)
From TAMMY S. NEWELL, 10 Garden Parkway, Carlisle, PA 17013
(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:
CORNERSTONE FCU, 5 East Gate Drive, 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 $1,809.27
Interest from 4/21/08 -- $432.08
Arty's Comm %
Arty Paid $152.30
Plaintiff Paid
Date: 6/15/09
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
urtis R. Long, etary
By:
Deputy
REQUESTING PARTY:
Name FREDERIC E. WEINBERG, ESQUIRE
Address: GORDON & WEINBERG, P.C.
1001 E. HECTOR STREET, STE 220
CONSHOHOCKEN, PA 19428
Attorney for: PLAINTIFF
Telephone: 484-351-0500
Supreme Court ID No. 41360