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HomeMy WebLinkAbout08-4402 Blatt, Hasen iller, Leibsker & Moore, LLC David C. Jenk ns Attorney I.D. 85769 P.O. Box C3800 800-850-1079 PA 19398 Attorney for Plaintiff, CROWN ASSET MANAGEMENT, LLC CROWN ASSET ANAGEMENT, LLC c/o Blatt, Hase miller, Leibsker & Moore, LLC P.O. Box C38 Southeastern, A 19398 Plaintiff, VS. PAUL W WALKERS 116 HILLTOP R MOUNT HOLL SPRINGS PA 17065 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. ek- 009 hill( TW-m NOTICE TO DEFEND 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 appear nce 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 laimed 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 O OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANN YOU WITH INI ELIGIBLE PEF AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE RMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO DNS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 267-2032 2103298 PPTCHDFI Blatt, Hasenm ller, Leibsker & Moore, LLC Attorney for Plaintiff, David C. Jenk ns CROWN ASSET MANAGEMENT, LLC Attorney I.D. 85769 P.O. Box C38 0 Southeastern1:t. A 19398 800-850-1079 4151 CROWN ASSET NAGEMENT, LLC c/o Blatt, Hase miller, Leibsker & Moore, LLC P.O. Box C380 Southeastern, A 19398 Plaintiff, VS. PAUL W WALTERS 116 HILLTOP R MOUNT HOLL SPRINGS PA 17065 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. OS'. yy©z raj 7?, COMPLAINT AND NO comes Plaintiff, by its undersigned attorney, and complains against Defendant as follows: 1. The Plaintiff herein is CROWN ASSET MANAGEMENT, LLC, which has retai ed the services of Blatt, Hasenmiller, Leibsker & Moore, LLC located at P.O. Box C380), Southeastern, PA 19398. 2. The Defendant is/are PAUL W WALTERS, whose last known principle residence is believed to be 116 HILLTOP DR MOUNT HOLLY SPRINGS PA 17065. 3. Defendant obtained extensions of credit on the following open-ended credit account issued by HSB Nevada, NA FKA HOUSEHOLD BANK henceforth "Original Creditor" being known as Account Number 54664'0002142526 (henceforth "Account'). 4. The Plaintiff is the assignee of the Account which was originally owned by Original Cred 5. the represent 2103298 PPTCDEBI extension of credit was made by Original Creditor to Defendant in reliance of of Defendant for repayment of any outstanding balance on the Account. i , 6. At all relevant times material hereto, Defendant has/have used the Account for the purchase of goods and/or services. 7. The amount currently due and owing on the said Account is $16994.29, plus interest and costs associat d with the Account. An affidavit of a representative of Plaintiff is attached hereto as plaintiff's Exhib t "A" and is incorporated herein by reference. 8. Despite reasonable and repeated demands for payments on the Account prior to filing this complaint, Defendant has/have refused to pay all sums due and owing on the Account. COUNT I - BREACH OF CONTRACT 9. Plaintiff incorporates the foregoing paragraphs by reference thereto. 10. Original Creditor has performed any and all conditions precedent to the bringing of this action. 11. Account. Defendant is/are in breach of the agreement to repay the outstanding balance on the WHEREFORE, Plaintiff demands judgment in its favor against Defendant in the amount of $16994.29, plus interest at the legal rate from the date of judgment plus costs and any other remedy which this Court may deem just and proper. COUNT II - ACCOUNTS STATED 12. Plaintiff incorporates the foregoing paragraphs by reference thereto. 13. Periodic billing statements on the Account were sent by Original Creditor to the Defendant by ail on a regular basis. 14. Defendant was given reasonable opportunity to examine each of the said billing statements an did not communicate any dispute of the charges to the Original Creditor. 15. The failure of Defendant to dispute the periodic billing statements constitutes an acceptance oft the balance due on the Account. WHEREFORE, Plaintiff demands judgment in its favor against Defendant in the amount of $16994.29, plus, interest at the legal rate from the date of judgment plus costs and any other remedy which this Cou may deem just and proper. COUNT III - UNJUST ENRICHMENT 16. (Plaintiff incorporates the foregoing paragraphs by reference thereto. 17. As a direct result of the receipt of the benefit of the extensions of credit given on the Account by thelOriginal Creditor to the Defendant, Defendant has/have been unjustly enriched in the amount of $16P94.29 to the detriment of the Original Creditor. WHEREFORE, Plaintiff demands judgment in its favor against Defendant in the amount of $16994.29, plu? interest at the legal rate from the date of judgment plus costs and any other remedy which this Count may deem just and proper. Respectfully submitted, BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Dated: July 14, 2008 BY David C. Jenk , Esquir Attorney for Plaintiff VERIFICATION I, DAVID statements me information, ar presently local expedient and I underst Section 4904 r JENKINS, the undersigned attorney for the Plaintiff, hereby verify that the in the foregoing Complaint are true and correct to the best of my knowledge, belief, based upon information provided by the Plaintiff, that the Plaintiff is I outside of this jurisdiction, and that in order to file the within document in an manner I am authorized to sign this verification on behalf of the Plaintiff. that false statements herein are made subject to the penalties of 18 Pa.C.S. ng to unsworn falsifications to authorities. David C. Jenkins Attorney for Plaintiff PPTXVERI Exhibit "A" PPTXEXAI COUNTY OF GWIN STATE OF GEORGI CROWN ASSET M. VS. WALTERS, PAUL I Personally al Suttlemyre, who, after following facts and th I am the Leg Corporation with offs Crown is the Based upon i and has not been paid There has be account balance. Based upon i Based upon i debt. Based upon Based upon Based upon or threatened with res FURTHER S to and day of NOTARY PUBLIC My Commission ezpi f3 ? b6f,-m 6 BUSINESS RECORDS AFFIDAVIT } Account Debtor: WALTERS, PAUL W I SS Account #: 5466410002142526 } Balance Due: $16,994.29 ,LLC geared before the undersigned officer, duly authorized by law to administer oaths, Leigh first being duly sworn, deposes and states that he/she has personal knowledge of the t they are true and correct: I Services Manager for Crown Asset Management, LLC, a Georgia Limited Liability -s located at 3355 Breckinridge Blvd Ste 132, Duluth GA 30096-4989 ("Crown" ). colder in due course and assignee of the above-referenced account that originated with HSBC. formation currently available, the principal balance amount stated above is true and accurate )y the account debtor as of the time of forwarding this account. n no final judgment entered by a court of competent jurisdiction disallowing any or all of the currently available, the account debtor is not protected under a Bankruptcy filing. currently available, the account debtor has not been released from liability on the currently available, the account has not been the subject of fraud. currently available, the account debtor is not deceased. currently available, there is no dispute, claim, action, suit, or proceeding pending to the account. SAYETH NOT. 4LELSSIERVICES TTLEMYRE MANAGER CROWN ASSET MANAGEMENT, LLC before,me this y>,..y , 2008. Unkff _ - `tom LO) ?? `=' Q W Q "i? w -C ti- o D/ Blatt, Hasenm Iler, Leibsker & Moore, LLC Attorney for Plaintiff, David C. Jenk ns CROWN ASSET MANAGEMENT, LLC Attorney I.D. 85769 P.O. Box C3800 Southeastern, PA 19398 800-850-1079 CROWN ASSET NAGEMENT, LLC c/o Blatt, Hase miller, Leibsker & Moore, LLC P.O. Box C380 Southeastern, 13A 19398 Plaintiff, vs. PAUL W WAL ERS 116 HILLTOP R MOUNT HOLLY SPRINGS PA 17065 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. Qj- tlqc? el VI I Uvm PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly EN ER my appearance in the above-captioned matter on behalf of PLAINTIFF CROWN ASSET MANAGEMENT, LLC. Papers may be served at the address set forth below: Blatt Hasenmiller, Leibsker & Moore, LLC P.O. Box C3800 Sout eastern, PA 19398 T Number: 1-800-850-1079 ext. 4151 BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Dated: July 14, By: O - David C. Jenkhad 2103298 PPTXPEAI c:s tii .r- .:° SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04402 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CROWN ASSET MANAGEMENT LLC VS WALTERS PAUL W 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 WALTERS PAUL W but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT 116 HILLTOP DR WALTERS PAUL W NOT FOUND , as to MOUNT HOLLY SPRINGS, PA 17065 PER RESIDENT, DEFENDANT DOES NOT LIVE THERE. Sheriff's Costs: Docketing Service Affidavit Surcharge Not Found 9/0 a ?o Q So answers: =-..-?- 18.00 : 57- 6.00 .00 Thomas IZI-ine 10.00 Sheriff of Cumberland County 5.00 ? 39.00 BLATT HASENMILLER LEIBSKER 08/11/2008 Sworn and Subscribed to before me this day of A. D. 1n. avid 1D. Bueff Prothonotary VrkS. Sohonage, ESQ Solicitor Wfnee X Simpson Ft Deputy Ttothonotary Irene E. Morrow 2" d Deputy Trothonotary Office of the Prothonotary Cum6erfand County, (Pennsylvania 0 ?AI'y CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25T" DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 9 Suite 100 • Carlisle, Pg 17013 * (717 240-6195 • Exa (717 240-6573