HomeMy WebLinkAbout08-47862035959
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
Cavalry Portfolio Services,LLC
as assignee of Cavalry SPV II,
as assignee of Conseco as
assignee of Conseco MC
7 Skyline Drive
Hawthorne, NY 10532
VS.
ELLEN L. RICHARDSON
6 LARKEN LN
MOUNT HOLLY SPRINGS PA
17065-1733
ASSESSMENT OF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : M- l4,mv 0,-tvi( (e rm
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
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
plaintiff's 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
$1,047.46.
6. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $1,047.46 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 10/27/06.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$1,047.46 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I. EN BERG, ESQUIRE
JOEL M. FLI SQUIRE
Attorney for Plaintiff
P01A.DB
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.
FREDERIC I. WE B G, ESQUIRE
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04786 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAVALRY POIRTFOLIO SERVICES
VS
RICHARDSON ELLEN L
RONALD HOOVER I1Shjriff or Deputy Sheriff of
Cumberland County,Pennsylvania „ whoj being duly sworn according to law,
says, the within COMPLAINT & NO?IIC
RICHARDSON ELLEN L
DEFENDANT , at 1504:00
was served upon
the
S,,on the 22nd day of August 2008
at 138 NORTH EAST STREET
CARLISLE, PA 17013-1733 by handing to
ELLEN (RICHARDSON) ENGLE
a true and attested copy of COMPLAINT & NOTICE together with
I
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service
Affidavit Ql'?IO 11.00
00
A
Surcharge 10.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
R.I Thomas Kline
X8/25/2008
.FOR ON & WEINBERG
li By: Deputy Sheriff
D.
-10
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
2035959
Cavalry Portfolio Services,LLC
as assignee of Cavalry SPV II,
as assignee of Conseco as
assignee of Conseco MC
VS.
ELLEN L. RICHARDSON
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08-4786 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
Total:
$791.66
$791.66
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: Cavalry
Portfolio Services,LLCas assignee of Cavalry SPV II, as assignee of
Conseco as assignee of Conseco MC and that the last known address of
defendant, ELLEN L. RICHARDSON, 6 LARKEN LN, MOUNT HOLLY SPRINGS PA
17065-1733.
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 day of b+bber , 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 ,
$1,186.67 as per the above fertficatAn.
Prqthonotary
GORDON & WEIN RG, C.
BY:
FREDERIC I.--WEINBERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
2035959
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
Cavalry Portfolio Services,LLC as
assignee of Cavalry SPV II, as
assignee of Conseco as assignee of
Conseco MC
VS.
ELLEN L. RICHARDSON
TO/PARA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08-4786 CIVIL TERM
NOTICE OF INTENTION TO TAKE DEFAULT
ELLEN L. RICHARDSON
6 LARKEN LN
MOUNT HOLLY SPRINGS PA 17065-1733
DATE OF NOTICE/FECHA DEL AVISO: September 17, 2008
n4PORTANT 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.
BY:
5IC I. WEINBERG, ESQUIRE
M. FLINK, ESQUIRE
P10D-2
M/Yt? f
0) V
Ab
2035959
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
Cavalry Portfolio Services,LLC
as assignee of Cavalry SPV II,
as assignee of Conseco as
assignee of Conseco MC
VS.
ELLEN L. RICHARDSON
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08-4786 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 $1,186.67
LL Money Judgment $
LL Judgment on Award of Arbitrators$
f? 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 HONOTARY
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-4786 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CAVALRY PORTFOLIO SERVICES, LLC, AS
ASSIGNEE OF CAVALRY SPV II, AS ASSIGNEE OF CONSECO AS ASSIGNEE OF CONSECO
MC Plaintiff (s)
From ELLEN L. RICHARDSON, 6 LARKEN LANE, MOUNT HOLLY SPRINGS, PA 17065
(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:
CITIZENS BANK, 665 NORTH EAST STREET, 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$791.66
Interest FROM OCTOBER 9, 2008 - $324.19
Atty's Comm
Atty Paid $16.00
Plaintiff Paid
Date: 11/09/12
(Seal)
L.L. $.50
Due Prothy $2.25
Other Costs
~L?
David D. Buell, Prothonotary
Deputy
REQUESTING PARTY:
Name : FREDERIC I. WEINBERG, ESQUIRE
Address: GORDON &WEINBERG, P.C.
1001 E. HECTOR STREET, SUITE 220
CONSHOHOCKEN, PA 19428
Attorney for: PLAINTIFF
Telephone: 484-351-0500
Supreme Court ID No. 41360
2035959
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
d r, ~
'"~~ + ~ 1~' d~tr;
'~' ~ f ~~~'~' - ~ ~ 2:::a CI
~~ ~~.r~~,,'~D C;~IE,f i E,,
Cavalry Portfolio Services,LLC
as assignee of Cavalry SPV II,
as assignee of Conseco as
assignee of Conseco MC
7 Skyline Drive
Hawthorne, NY 10532
vs.
ELLEN L. RICHARDSON
6 LARKEN LN
MOUNT HOLLY SPRINGS PA
17065-1733
and
Citizens Bank of Pennsylvania
665 North East Street
Carlisle, PA 17013
GARNISHEE
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 08-4786 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
ELLEN L. RICHARDSON
defendant (s)and
(2) against
Citizens Bank of Pennsylvania
garnishee(s)
(3) AMOUNT DUE $791.66
INTEREST
from October 9, 2008 $324.19
COSTS
Prothonotary fee
Sheriff fee
(4) Less: Payments on Account ( $.00)
TOTAL
~~"~~ ~~
3 ~ » FREDERIC . W NBERG, ESQUIRE
,~ ~, C M i~ ~~ JOEL M. FL ESQUIRE
J V Attorney for Plaintiff
~ . Sv ~,~
a. SU `' ~~ a l7~~ ~
a b0 ~ l~~
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
~.
,,.
Fws~ THE PRE?TF{C'h~~ i~e^;ia`.,
~~~2 Gov i ~ ~~ ~ o~
Richard W Stewart
Solicitor
i,~f~ '..c ,..4w1€F
CUMBERLAP~D CQU~dT`~"
P~tdNSYLVAt~iA
Cavalry Portfolio Services, LLC, as Assignee of Cavalry SPV II, as As I Case Number
vs.
Ellen L Richardson 2008-4786
SHERIFF'S RETURN OF SERVICE
11/15/2012 10:23 AM -William Cline, Deputy, who being duly sworn according to law, attached as herein commanded
all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control
of the within named garnishee, Citizens Bank, 665 North East Street, Carlisle Borough, Carlisle, PA 17013,
Cumberland County, by handing to Katie Butterbaugh, Teller, personally three copes of interrogatories
together with three true and attested copies of the Writ of Execution and made t contents there of known
to her.
LLIAM CLINE, DEPUTY
SO ANSWERS,
November 19, 2012
.. ~~~`"~
RON R ANDERSON, SHERIFF
.. e.,;n?ys.r!e SI?er'*: Tnlees 't, Ir,..
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson �.,c.. ..
Sheriff •=" t=}i't:: f(yST1t°7t' itx
Jody S Smith !°
Chief Deputy z N I" JUN 10 At", 10� 10
Richard W Stewart
Solicitor 3FhrOFrt��� F3)F� uUMBCR'.r3FD 'C OUH �
PENHSYLvANIA
Cavalry Portfolio Services, LLC, as Assignee of Cavalry SPV II, as As Case Number
vs.
Ellen L Richardson 2008-4786
SHERIFF'S RETURN OF SERVICE
11/15/2012 10:23 AM-William Cline, Deputy, who being duly sworn according to law, attached as herein
commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands,
possession, or control of the within named garnishee, Citizens Bank, 665 North East Street, Carlisle
Borough, Carlisle, PA 17013, Cumberland County, by handing to Katie Butterbaugh, Teller, 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 November 19, 2012 to Ellen L. Richardson
at 6 Larken Lane, Mt. Holly Springs, PA 17065-1733.
06/06/2013 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: $88.40 SO ANSWERS,
June 06, 2013 RbNW R ANDERSON, SHERIFF
sa wP�
(c)CountySuite Sheriff,Teleosoft,Inc.