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HomeMy WebLinkAbout09-3591' "' Ak 2040769 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 ASSESSMENT OF Cavalry Portfolio Services LLC as assignee of Cavalry Investm LLC as assignee of of PROVIDIAN 7 Skyline Drive Hawthorne, NY 10532 VS. DEBORAH A SMITH 219 MOUNTAINVIEW RD Mount Holly Springs PA 17065 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : Oq - 3591 C?V? ( f r w, 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 # t 4? 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 as of February 17, 2009 in the amount of $2,022.53. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. , -. ,,r 7. Defendant's last payment on account was made on 10/30/2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,022.53 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. JOEL M. FLI Attorney fo NB RG, ESQUIRE QUIRE aintiff 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. IN G, ESQUIRE M M M sss got= ai =me= 1186 DEBORAH A SMITH 4465680500815872 2040769 Cavalry Portfolio Services LLC as assignee of Cavalry Investm LLC as assignee of of PROVIDIAN AFFIDAVIT I, MATTEO VELARDO, JR-, being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2. 1 have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. After allowing for all offsets and credits, a balance remains on the subject account having account number 4465680500815872in the amount of $2,022.53; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct tt,oo the best of my knowledge, information and belief. /, ./ MATTEO VELARDO, JR. ASSISTANT VP, LEGAL OPERATIONS Sworn to and Subscribed before me this day U 2008 Notary Public E7*N RUDNER Notary Public, State of NewYork No.01A1106144959 Qualified in WestchesterCounty Commission Expires May 1, 2010 .._ i ii Sheriffs Office of Cumberland County R Thomas Kline a to at it limbo" Edward L Schorpp Sheriff " Solicitor pyy?'? k. ? Ronny R Anderson ffi Jody S Smith Chief Deputy OFFICE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/12/2009 01:21 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on June 12, 2009 at 1321 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Deborah A. Smith, by making known unto Jennifer Pagotto, daughter in law of defendan- at 17 Quarry Hill Road Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $39.24 June 15, 2009 2009-3591 SO ANSWERS, R THOMAS KLINE, SHERIFF / , Deputy /Sheriff / 61, Calvary Portifolio Services, LLC V Deborah Smith rv - rr ;-r ?? co L) Cr? 2040769 a 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 Investm LLC as assignee of of PROVIDIAN COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DEBORAH A SMITH DOCKET NO. : 09-3591 PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI RG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P006 CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Withdraw Complaint to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I. RG, ESQUIRE Dated 6 ?6(6 OF Tl- ? 4??Y 2009 JUN 24 Fil ?)': 30 2040769 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 Cavalry Portfolio Services LLC as assignee of Cavalry Investm LLC as assignee of of PROVIDIAN COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DEBORAH A SMITH DOCKET NO. : 09-3591 SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this June 19, 2009, it is suggested of record that Defendant, DEBORAH A SMITH, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about February 5, 2009, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 09-00783. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI E , ESQUIRE JOEL M. FLINK, B%JQTJIRE Attorney for Plaintiff OF THEE 2Q09 JJw"41 24 Pj'