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Home My WebLink About09-58192063260 THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. ASSESSMENT OF 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 Household Bank 1580 Lincoln Street STE 600 Denver CO 80203 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY ERIC W COY 10 FRONT ST APT B SHIREMANSTOWN PA 17011-6363 DOCKET NO. : bq- 581Q a-wa-Erm 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 s ? 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 original creditor under the terms of which the original creditor agreed to extend to defendant(s)tae use of original creditor'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 original creditor 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 original creditor. 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 August 13, 2009 in the amount of $4,524.88. 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. 7. Defendant's last payment on account was made on 4/25/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,524.88 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W INBER ESQUIRE JOEL M. FLINK ES IRE Attorney for ntiff P01A.DB Harvest Credit Management VII, LLC VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to ] 8 Pa.C.S. §4904 which provides for certain penalties fo?akin false statements Name f T j 'r 1 G[? 3cJ AFFIDAVIT OF CLAIM AND CERTIFICATION OF AMOUNT DUE STATE OF COLORADO ) ss. COUNTY OF DENVER ) CURRENT ACCOUNT HOLDER: HARVEST CREDIT MANAGEMENT VII, LLC ORIGINAL ACCOUNT NUMBER: ************4202 ORIGINAL CREDITOR: Household Bank Personally appeared before me, the undersigned, being duly sworn, states and deposes as follows: 1. That Affiant is at least eighteen (18) years of age, competent to testify and has personal knowledge of the facts set forth herein; 2. That Affiant is authorized to make oath on behalf of HARVEST CREDIT MANAGEMENT VII, LLC , organized and existing under the laws of the State of Colorado; 3. That one of Affiant's responsibilities is to serve as keeper of the books and records of HARVEST CREDIT MANAGEMENT VII, LLC, which are kept in the ordinary course of business, with the entries in them having been made at or near the time of the occurrence; 4. That as of June 30, 2009, the balance due on account number ************4202 in the name of ERIC W COY, based on records provided to plaintiff by the original creditor or its assignee, was $4,379.13 inclusive of $3,779.56 principal and $599.57 interest. Interest continues to accrue at the rate of 31.99% per annum; 5. That the above-referenced account, which originated with Household Bank, was sold, transferred and conveyed to plaintiff. As a result of the sale of the subject account, plaintiff has complete authority to settle, adjust, compromise, and satisfy the above-referenced account and that Household Bank has no further interest in this account for any purpose. Attached hereto are true and exact photocopies of documents reflecting the transfer of ownership of this account from Household Bank to HARVEST CREDIT MANAGEMENT VII, LLC; 6. That to the best of Affiant's knowledge, based on information provided by the Defense Manpower Data Center, the Defendant is not now on active duty in the military. 7. Debtor is responsible for payment of attorney fees and collection costs pursuant to the account terms and conditions and/or where authorized by law. FURTHER AFFIANT SAYETH NOT: My commission expires on: April 26, 20 June 30, 2009 HARVEST CRED AG NT VII, LLC By: Name: David Ravi Title: Vice Presi t Subscribed and acknowledged t eon June 30, 2 Janice Boyd, Notary 1580 Lincoln St, S Denver, Colorado PA6 GORDON & WEINBERG PC - 2063260 EH285560 E•A. B 3p?C)_f AR i. My Comrrtlss!!or Fmrp5 a ri! ?F ? HARVEST CREDIT MGT VII LAST STATEMENT DETAILS FOR HOUSEHOLD BANK ACCOUNT#: **'""'""""'4202 Ref#: EH285560 ERIC W COY 10 FRONT ST APT B SHIREMANSTOWN PA 17011-6363 SSN: XXX-XX-9613 V A Lam. y tf j CHARGE OFF $3,779.56 December 31, 2008 December 31, 2008 CHARGE OFF PA6 GORDON & WEINBERG PC - #2063260 EH285560 BILL OF SALE HSBC CARD SERVICES (III) INC. (fi'kfa HOUSEHOLD CARD SERVICES INC.) ("Seller"), for value received and pursuant to the terms and conditions of the Receivables Purchase Agreement ("Agreement'l dated April 10, 2008 between Seller, Household Bank (Nevada), N.A. and Household Bank (SB), N.A., and Harvest Credit Management VII, LLC, ("Purchaser"), does hereby sell, assign and convey to Purchaser, its successor and assigns, all right, title and interest of Seller in and to those certain Purchased Receivables (as defined in the Agreement) listed on the attached Exhibit A (Sale File), without recourse and without representation of, or warranty of, collectibility, or otherwise, except to the extent provided for within the Agreement. EXECUTED this 28`n day of January, 2009 HSBC CA SERVICES (III) INC. By: Name: Susan Salomon Title: Vice President-Assistant Secretary F1LET'-'It=r'CE TAPY 2009 A?tG 24 PM 2: 09 *n8.5o PD A-nl ao 88ao(o No4te kw-ls-cl Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Depuo, Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ??,???tr of La+t+brr???4 OF IMwrrr `,'; GARY 2099 SEP I I All $: 4, 3 PENNSYLVANIA ? Harvest Credit Management, LLC V& Eric W. Coy Case 9 SHERIFF'S RETURN OF SERVICE 09/08/2009 08:56 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that o September 8, 2009 at 2056 hours, she served a true copy of the within Complaint and Notice, upon he within named defendant, to wit: Eric W. Coy, by making known unto himself personally, at 102 East rly Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $50.50 SO ANSWERS September 09, 2009 R THOMAS KLINE, SHERIFF Depu y Sheri i I 2063260 s s 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 HARVEST CREDIT MANAGEMENT VII, LLC ASSIGNEE OF Household Bank VS. ERIC W COY 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 $4,524.88 Less: Payments on Account ( $.00) Total: $4,524.88 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 Household Bank and that the last known address of defendant, ERIC W COY, 10 FRONT ST APT B, SHIREMANSTOWN PA 17011-6363. 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-5819 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 00 , 2009 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 , $4,524.88 as per the above certification. P#othonotary J QK 3 GORDON & WEINBARG, PJC. BY: FREDERI JOEL M. Attorn4 I. "INBERG, ESQUIRE LINK, ESQUIRE for Plaintiff i 2063260 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 ERIC W COY HARVEST CREDIT MANAGEMENT VII, LLC ASSIGNEE OF Household Bank TO/PARA Vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-5819 NOTICE OF INTENTION TO TAKE DEFAULT ERIC W COY 10 FRONT ST APT B SHIREMANSTOWN PA 17011-6363 DATE OF NOTICE/FECHA DEL AVISO: September 29, 2009 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. BY: FREDI. WEINBERG, ESQUIRE JOEL/ FLINK, ESQUIRE P10D-2 'FILED-CiRICE OF T HIE PRIC'-? ? "!,, 0 ARY 2009 NOY -4 Pth 12: 59 CUI A .l+.oo Pp ATTf ccog657o eyt a2.agg6 2063260 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 Household Bank vs. ERIC W COY 10 FRONT ST APT B SHIREMANSTOWN PA 17011-6363 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-5819 NOTICE Pursuant to Pa.R.Civ.P. you are hereby notified you in the above proceei /X/ 236 of the Supreme Court of Pennsylvania, that a judgment has been entered against ling as indicated below. Judgment by Default $4,524.88 Money Judgment $ Judgment on Award of Arbitrators$ 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 s/ a4-`? R CCx-q' P OTHONOTARY Ord