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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 _A 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: .1 T71.^"'... 1.1•l f?J tFi%•iwfl.•/.??: J. .t..!?'f E`}?M?i?('O' ! ,??ACCOUW'rSUMMAR,;Y?itiNk,FQFi1A +uP+•'AO?M•? ? "Y?w.??IG ?T?T.'?•••i',i?, A?IMI Ti h`x niP.w•i 1L;?ly 11' 1. ATIONLFOR?#4_668,4?t>?178537T's4''??;1 Y 9 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 °i"'C".1? ?i.•'xT.w+?!- cs ! ? IC!"lir'°`? .:j i •'j??11? !;;_•y ?• , ..? .MY.is :+ :.'`. j ?D ! .4 ":7i? "?'+. t:"jC?' `M • POSTTyE f • FDET1L `? •? CHARGE OFF ARGE OFF PA6 GORDON & WEINBERG PC-#2038135 EH 110470 n n4 oo _ C) (M . ?' r +' R, 4 O 71 ; T ? ca ? n? O(P 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. • -0 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 P10D-2 -f,+- o - U 6 b O Ul c,; t ? 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 OF •?1 :r ?4 4??'? 32 avlwdi??\" ` `A .so Pp 3A •80 t4' 00 u Po aC, DAW W '°.so LL co gulls jx.*aa,,JA4 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