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Home My WebLink About09-5950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARVEST CREDIT MANAGEMENT VII, I CIVIL DIVISION LLC, a limited liability co., assignee of HSBC/Union Privilege Plaintiff (s) I V. No. 2009 - JTG??Q C1 IPXr, JOHN M. SMITH, an individual I I Defendant(s)( I I I I COMPLAINT I I I Code No. I I Filed on Behalf of: I I PLAINTIFF I I I ATTORNEY OF RECORD FOR THIS PARTY I I Louis B. Swartz I I PA. ID # 00242 I I ISWARTZ, LOVEJOY & ASSOCIATES 116th FLOOR LAW AND FINANCE BUILDING (PITTSBURGH, PENNSYLVANIA 15219 I I 1(412) 288-0303 #82467 NOTE: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE #82467 Plaintiff (s) Defendant(s) No. 2009 NOTICE TO DEFEND AND CLAIM RIGHTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, LLC, a limited liability co., assignee of HSBC/Union Privilege V. JOHN M. SMITH, an individual 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 days (20) 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any 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 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 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 NOTDEFCU.PLE 082467 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, LLC, a limited liability co., assignee of HSBC/Union Privilege Plaintiff (s) JOHN M. SMITH, an individual v. No. 2009 Defendant(s) COMPLAINT 1. Plaintiff(s) is HARVEST CREDIT MANAGEMENT VII, LLC, a limited liability co., assignee of HSBC/Union Privilege, Plaintiff's address is c/o 429 Fourth Avenue, Suite 1600, Pittsburgh, PA 15219. 2. Defendant(s) is JOHN M. SMITH. Defendant's address is 397 SAMPLE BRIDGE ROAD, ENOLA, PA 17025. 3. At Defendant's special instance and request, a credit account was opened for Defendant, which Defendant thereafter used and there is a balance due and unpaid, despite demand, in the amount of $17114.49 plus interest from January 31, 2009 4. Attached hereto as Exhibit "A", and incorporated herein by reference as though herein set forth at length, are true and correct copies of the documents of Defendant's account which were prepared in the ordinary course of business and are incorporated herein by reference. The account has been assigned to Plaintiff for value. WHEREFORE, Plaintiff demands Judgment against Defe t(s) in the amount of $17,114.49 plus interest from Januar , 2009 and costs. Louis B. Swartz Attorney for PLAI TIFF SWARTZ, LOVEJOY & ASSOCIATES 16th FLOOR LAW AND FINANCE BUILDING PITTSBURGH, PENNSYLVANIA 15219 (412) 288-0303 HARVEST CREDIT MGT VII LAST STATEMENT DETAILS FOR HSBC/UNION PRIVILEGE ACCOUNT#: ************0496 Ref#: EH289856 JOHN M SMITH 397 SAMPLE BRIDGE RD ENOLA PA 17025-1022 SSN: XXX-XX-3770 PA22 Swartz Lovejoy & Associates LLP - #CLAIM FORWARDED EH289856 6 i 1 ?-fi up p it BILL OF SALE HSBC CARD SERVICES (111) INC. (f/k/a HOUSEHOLD CARD SERVICES INC.) ("Seller"), for value received and pursuant to the terms and conditions of the Receivables Purchase Agreement ("Agreement") 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 25'h day of February, 2009 HSBC CARD SERVICES (III) INC. By: Name: Susan Solomon Title: Vice President-Assistant Secretary STATE OF COLORADO COUNTY OF DENVER CURRENT ACCOUNT HOLDER: ORIGINAL ACCOUNT NUMBER: ORIGINAL CREDITOR: AFFIDAVIT OF CLAIM AND CERTIFICATION OF AMOUNT DUE ) ss. HARVEST CREDIT MANAGEMENT VII, LLC ************0496 HSBC/Union Privilege 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 Affianfs 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 July 1, 2009, the balance due on account number ************0494 in the name of JOHN M SMITH, based on records provided to plaintiff by the original creditor or its assignee, was S 18,016.51 inclusive of $17,114.49 principal and $902.02 interest. Interest continues to accrue at the rate of 12.74% per annum; 5. That the above-referenced account, which originated with HSBC/Union Privilege, 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 HSBC/Union Privilege 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 HSBC/Union Privilege to HARVEST CREDIT MANAGEMENT VII, LLC; 6. That to the best of AfI•ianfs 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: July 1, 2009 HARVEST CREDIT MANAGEMEN VII, LLC By: Name: David Ravin Title: Vice President Subscribed and acknowledged to 4e on July 1, 200 My commission expires on: April 26, 2013 Janice Boyd, Notary ubl' 1580 Lincoln St, SuitPe 6 Q fR? Denver, Colorado 8020 " °'iJa- ` PA22 Swartz Lovejoy & Associates LLP - CLAIM FORWARDED EH289856T? O? n.rrLOQ h,', ;nrrimission Expires April 26, 2013 #82467 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, LLC, a limited liability co., assignee of HSBC/Union Privilege V. Plaintiff(s) Defendant(s) No. 2009 VERIFICATION oavid Ravin JOHN M. SMITH, an individual The undersigned, , avers that he/she is the \AcP- President of Plaintiff, is authorized to make this verification on behalf of Plaintiff, the statements of fact contained in the attached Complaint are true and correct to the best of his/her information, knowledge and belief, and are made subject to the penalties of 18 Pa. Cons. Stat. Ann. Section 4904 relating to unsworn falsification to authorities. I., J 2009 Date VERIFCOM.PLE 0 OF THE F 2 0 0 9 Al'U 31 'F i 1 2: 4 0 *7 S. 5o PC) Al" ckco 4o$7q RT*- a3oao3 Sheriffs Office of Cumberland County R Thomas Kline Sheri ,?r?tr nt ?itirrbrr?? 0;- If , ?f? ?Q Ronny R Anderson Chief Deputy f~ $ H: Jody S Smith Civil Process Sergeant OFF E c r -4iFF Edward L Schorpp Solicitor Harvest Credit Management VII Case Number vs. 2009-5950 John M. Smith SHERIFF'S RETURN OF SERVICE 09/01/2009 07:23 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on September 1, 2009 at 1923 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: John M. Smith, by making known unto John Smith, adult in charge at 397 Sample Bridge Road Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 September 02, 2009 SO ANSWERS R THOMAS KLINE, SHERIFF By Deputy Sheriff w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARVEST CREDIT MANAGEMENT VII, I CIVIL DIVISION LLC, a limited liability co., I assignee of HSBC/Union 1 Privilege 1 Plaintiff(s)1 V. I No. 2009-5950 CIVIL JOHN M. SMITH, 1 an individual 1 I I Defendant(s)1 I I I I PRAECIPE FOR DEFAULT JUDGMENT I I I Code No. I Filed on Behalf of: I PLAINTIFF I I I I ATTORNEY OF RECORD FOR THIS PARTY I Louis B. Swartz I I PA. ID # 00242 I I ISWARTZ, LOVEJOY & ASSOCIATES 116th FLOOR LAW AND FINANCE BUILDING (PITTSBURGH, PENNSYLVANIA 15219 I I 1(412) 288-0303 082467 NOTE: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE -"r FILE Ll-;, r?U` { 01 2009 OCT 16 PM 3: 3? "' vc.J R r A82467 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, LLC, a limited liability co., assignee of HSBC/Union Privilege Plaintiff (s) V. JOHN M. SMITH, an individual Defendant(s)I No. 2009-5950 CIVIL PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter judgment against Defendant(s) and in favor of Plaintiff in Default of an Answer or a Notice of Intention to Appear as follows: AMOUNT CLAIMED IN COMPLAINT $ 17,114.49 PLUS INTEREST FROM 01-31-2009 TO: 10-19-2009 $ 1,559.13 TOTAL $ 18,673.62 I certify that I mailed a notice of default to the defendant(s) in the form attached hereto on the date stated thereon which was more that ten (10) days before 1'ng this praecipe. Louis B. Swartz Attorney for PL FF SWARTZ, LOVEJOY ASSOCIATES 16th FLOOR LAW AND FINANCE BUILDING PITTSBURGH, PENNSYLVANIA 15219 (412) 288-0303 #82467 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, LLC, a limited liability co., assignee of HSBC/Union Privilege JOHN M. SMITH, an individual v. Plaintiff(s) Defendant(s) No. 2009-5950 CIVIL DEFAULT NOTICE TO THE DEFENDANT: JOHN M. SMITH, an individual 397 SAMPLE BRIDGE ROAD ENOLA, PA 17025 IMPORTANT NOTICE MYOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) 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.'--P 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. Pennsylvania Lawyer Referral Service 100 South Street, P.O. Box 186 Harrisburg, PA 17108 -r1 1-800-692-7375 9/ Louis B. 2 Date J-tE (/ ?I Louis B. Swartz Attorney for PLAINTIFF SWARTZ, LOVEJOY & ASSOCIATES 16th FLOOR LAW AND FINANCE BUILDING PITTSBURGH, PENNSYLVANIA 15219 (412) 288-0303 NOTE: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE defnote/defnotex IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARVEST CREDIT MANAGEMENT VII, I CIVIL DIVISION LLC, a limited liability co., assignee of HSBC/Union 1 Privilege Plaintiff(s)( V. I No. 2009-5950 CIVIL JOHN M. SMITH, 1 an individual I I Defendant(s)( I I I AFFIDAVIT OF NON-MILITARY SERVICE I Code No. Filed on Behalf of: I PLAINTIFF I I I ATTORNEY OF RECORD FOR THIS PARTY I Louis B. Swartz i PA. ID # 00242 I I ISWARTZ, LOVEJOY & ASSOCIATES 116th FLOOR LAW AND FINANCE BUILDING (PITTSBURGH, PENNSYLVANIA 15219 I I 1(412) 288-0303 °x82467 YOU TWIOL COLLECT ANY NOTE: THIS IS ED A FROM ATTEMPT OBTAIN Y :.62967 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, LLC, a limited liability co., assignee of HSBC/Union Privilege Plaintiff(s) V. JOHN M. SMITH, an individual No. 2009-5950 CIVIL Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE I, LOUIS B. SWARTZ, do depose and say that the above-named defendant(s) John M. Smith are not currently in the naval or military services of the United States, either directly or indirectly. These statements are made subject to the penalties of 18 Pa. Cons. Stat. Ann. Section 4904 relating to unsworn falsification to authorities. F1LE?,..? JTAR 2009 OCT 16 PH 3: 3 AV , _ 4<1 ? $14•oo PioArlY &-w 4iaas ert- .23011 7.2 #. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, I LLC, a limited liability co., I assignee of HSBC/Union I Privilege I Plaintiff (s) I JOHN M. SMITH, an individual v. No. 2009-5950 CIVIL Defendant(s) NOTICE OF JUDGMENT TO: JOHN M. SMITH, an individual 397 SAMPLE BRIDGE ROAD ENOLA, PA 17025 You, the above named Defendant(s) take notice that Judgment has been entered with the Court of Common Pleas of CUMBERLAND County, Civil Division in the sum of $ plus costs and Interest. 4?a"THONOTARY OKA Louis B. Swartz Attorney for PLAINTIFF SWARTZ, LOVEJOY & ASSOCIATES 16th FLOOR LAW AND FINANCE BUILDING PITTSBURGH, PENNSYLVANIA 15219 (412) 288-0303 NOTE: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE FILED-OFFICE OF THE PROTHONOIAR', 2011 FEB 14 AN 10: 4 5 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARVEST CREDIT MANAGEMENT VII, 1 CIVIL DIVISION LLC, a limited liability co., assignee of HSBC/Union 1 Privilege 1 Plaintiff(s)( V. I No. 2009-5950 CIVIL JOHN M. SMITH, an individual 1 I I Defendant (s) I i I I SUGGESTION OF BANKRUPTCY I I I Code No. I I Filed on Behalf of: I PLAINTIFF I I I ATTORNEY OF RECORD FOR THIS PARTY I I David A. Lovejoy I I PA. ID # 19829 I I ISWARTZ, LOVEJOY & ASSOCIATES 116th FLOOR LAW AND FINANCE BUILDING (PITTSBURGH, PENNSYLVANIA 15219 I I 1(412) 288-0303 #82467 NOTE: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE #82467 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, LLC, a limited liability co., assignee of HSBC/Union Privilege JOHN M. SMITH, an individual Plaintiff(s){ V. I I I I Defendant(s)I I I No. 2009-5950 CIVIL SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: Take note that Defendant(s) has filed a Petition in Bankruptcy as noted below, which stays all proceedings in this case: Caption: In re: John M. Smith Docket No. 11-bk-00741-MDF District: Middle Chapter: 13 Date filed: March 24/ 2011 SUGGBANK.PLE ATTORNEC " IPLAINTIFF