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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 Ell 0 Egli '"Jil a vt N III] Ila Its - F 9. 1 a? .- E' -, a lit? 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Z b z 'S L7C ss 00 (n 0 0 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.