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HomeMy WebLinkAbout10-1899THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. o BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.. 41360 C=3' JOEL M. FLINK, ESQUIRE Identification No.: 81894 --7 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 ern Cavalry Portfolio Services, LLC as assignee of Cavalry Investments, LLC, as assignee of Advanta 7 Skyline Drive Hawthorne, NY 10532 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Curtis L. Barber 733 POB 733 New Bloomfield PA 17068 DOCKET NO. : IU - jSq 1' 0, 1-" i 17&-p-` TO Curtis L. Barber 733 POB 733 Now Bloomfield PA 17068 NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & MINBERG, P.C. AT 484/351-0500. -3/1-7/10 r THIS IS AN ASSESSMENT 2015455 ARBITRATION MATTER. OF 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 Investments, LLC, as assignee COURT OF COMMON PLEAS CUMBERLAND COUNTY of Advanta 7 Skyline Drive Hawthorne, NY 10532 VS. DOCKET NO. : lb -1" 04- V%i ler*A Curtis L. Barber 733 POB 733 New Bloomfield PA 1'1068 ENTRY OF APPEARANCE, ORDER FOR JUDGMENT AND ASSESSMENT OF DAMAGES (FOREIGN JUDGMENT PROCEEDINGS) TO THE PROTHONOTARY: Kindly enter my appearance for the plaintiff in the above matter, enter judgment in favor of the plaintiff and against the Defendant(s), on the foreign judgment entered in the State of Pennsylvania for the County of Perry for monetary damages, a duly authenticated copy of the judgment being filed herewith, and assess damages as follows: Amount of Foreign Judgment Costs Attorney Fees Real Debt 1OM $50,868.88 *per A%Alto GORDON & WEINBERG, P.C. BY: FREDERIC I. WEIN G, ESQUIRE JOEL M. FL NK, SQUIRE Attorney for Plaintiff Dama es Asses d as Above I ) --Ltw P rothonot ry 4aq.00 PD pr71-I -P 1 ! a. to rq A--9 038 l?af?-,Ua.J?I 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 Investments, LLC, as assignee of Advanta 7 Skyline Drive Hawthorne, NY 10532 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Curtis L. Barber 733 POB 733 New Bloomfield PA 17068 DOCKET NO. : AFFIDAVIT FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he is the Attorney for the Plaintiff in the above captioned matter; that the defendant and the last known address of the defendant(s) is 733 POB 733, New Bloomfield PA 17068 and the plaintiff's last known address is Cavalry Portfolio Services, LLC as assignee of Cavalry Investments, LLC, as assignee of Advanta, 7 Skyline Drive, Hawthorne, NY 10532 that the foreign judgment entered by the plaintiff against the defendant(s) in the Pennsylvania, Perry County in the sum of $50,897.88 no part of which has been paid, is valid, enforceable and unsatisfied. GORDON & WEINBERG, BY: FREDERIC I. 3Z;MSERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA OFFICE OF PROTHONOTARY CV-CV-2005-141 CAVALRY PORTFOLIO SERVICES, plaintiff VS CURTIS L BARBER, defendant EXEMPLIFIED RECORD OF JUDGMENT RECORDED I, BRENDA J. ALBRIGHT, PROTHONOTARY OF THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA, DO HEREBY CERTIFY THAT THE FOLLOWING IS A TRUE, CORRECT AND FULL COPY OF THE DOCKET ENTRIES IN THE ABOVE CAPTIONED CASE. FURTHER, I DO HEREBY CERTIFIY THAT JUDGMENT WAS ENTERED AGAINST THE DEFENDANT, CURTIS L BARBER, ON APRIL 18, 2005 IN THE AMOUNT OF $50,868.88 PLUS COST AND INTEREST, AND IN FAVOR OF PLAINTIFF, CAVALRY PORTFOLIO SERVICES. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL OF THE SAID COURT ON THE 3RD DAY OF MARCH A.D. 2010 /S/ Date: 3/2/2010 41st Judicial District of PA, Perry County Branch Time: 03:57 PM Complete Case History Page 1 of 2 Case: CV-CV-2005-00141 CAVALRY PORTFOLIO SERVICES vs. CURTIS L BARBER Filed: 1 /31 /2005 Subtype: COMPLAINT Physical File: Y Appealed: N Comment: Judge History Date Judge 1/31/2005 UNASSIGNED, Payments GORDON & WEINBERG GORDON & WEINBERG PC Reason for Removal Current Receipt Date Type 18363 1/3172005 Civil Filing 19871 4/19/2005 Civil Filing 39203 3/2/2010 Civil Filing Total Plaintiff Name: CAVALRY PORTFOLIO SERVICES Address: 7 SKYLINE DRIVE HAWTHORNE NY 10532 Phone: Home: Work: Employer: Litigant Type: Comment: Attorneys WEINBERG, FREDERIC I (Primary attorney) Defendant Name: BARBER, CURTIS L Address: 1704 PENN ST HARRISBURG PA 17102 Phone: Home: (717) 232-7258 Work: Employer: Litigant Type: Comment: Register of Actions 1/31/2005 Complaint filed . Exit cc and time stamp copy to Atty. Filing: Complaint Paid by: GORDON & WEINBERG Receipt number: 0018363 Dated: 01/31/2005 Amount: $55.25 3/7/2005 Sheriffs Return served by Sheriff of Cumberland County, filed. 3/29/2005 Response to Complaint filed. Exit is to atty, file. 4/17/2005 Praecipe for Default Judgement filed. Exit 236 Notice to Defendant, exit is copy to atty, file. REAL DEBT $50,868.88 + C +I SSN: DOB: Sex: Send notices: Y Send Notices SSN: DOB: Sex: Send notices: Y UNASSIGNED, UNASSIGNED, UNASSIGNED, UNASSIGNED, UNASSIGNED, User: RUTH S Amount 55.25 19.81 20.90 95.96 a Q V C w Z ? G Q: Q O ze C-1 >i CL U ? Date: 3/2/2010 41st Judicial District of PA, Perry County Branch User: RUTH S Time: 03:57 PM Complete Case History Page 2 of 2 Case: CV-CV-2005-00141 CAVALRY PORTFOLIO SERVICES vs. CURTIS L BARBER Register of Actions 4/19/2005 Filing: Default Judgment Paid by: UNASSIGNED, GORDON &WEINBERG Receipt number: 0019871 Dated: 04/19/2005 Amount: $19.81 (Check) 5/11/2006 Praecipe for Writ of Execution filed Issued UNASSIGNED, writ exit to sheriff for service with check. WRIT # 2006-98 5/21/2007 Writ of Execution Notice returned from UNASSIGNED, Sheriffs office with note stating Garnishment sent to Dauphin County 6-19-06, filed, file. 9/12/2008 Praecipe to Dissolve Attachment UNASSIGNED, ("dissolve the attachment of the defendant's bank account with M&T Bank as Garnishee...") filed. Exit is to atty, file. 3/1/2010 Request for Exemplified Record filed. Exit UNASSIGNED, exemplified record to atty. file. 3/2/2010 Filing: Exemplified Record Paid by: UNASSIGNED, GORDON & WEINBERG PC Receipt number: 0039203 Dated: 3/2/2010 Amount: $20.90 (Check) For: CAVALRY PORTFOLIO SERVICES (plaintiff) Judgment Order date In Favor Of Disposition Judgment 04/18/2005 Plaintiff 00/00/0000 Def. Judgment Comment: 50,868.88+C+1DIMRIT #06-98 Plaintiff: CAVALRY PORTFOLIO SERVICES Defendant: BARBER, CURTIS L W C re G H Q C U` W ? ? UL U _ W U a W Date: 3/2/1010 41st Judicial District of PA, Perry County Branch User: RUTH S Time: 03:57 PM CIVIL CASE JUDGMENTS REPORT Page 1 of 1 Case: CV-CV-2005-00141 CAVALRY PORTFOLIO SERVICES vs. CURTIS L BARBER Filing date In Favor Of Judqment Judgment 04/18/2005 Plaintiff 00/00/0000 Def. Judgment Plaintiff: CAVALRY PORTFOLIO SERVICES Judgment amount or comment: Defendant: BARBER, CURTIS L 50,868.88+C+I. WRIT #06-98 a ? o v w z ? G LL w °- U W D 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 2015455 Cavalry Portfolio Services, LLC COURT OF COMMON PLEAS as assignee of Cavalry CUMBERLAND COUNTY C Investments, LLC, as assignee of ° ~ Advents r-rt~r-; ~ ~ ., -. =~ ;, r-r : 7 Skyline Drive . ~ f>,-f, ~ ~ ~o Hawthorne, NY 10532 -~" I. -v -_ vs . DOCKET NO. 10-1899 _ "~~ '" -' : . Curtis L Barber -C . , -. 631 S Front Street G'~' ~~ Harrisburg PA 17104 and Citizens Bank of Pennsylvania 665 North East Street Carlisle PA 17013 ~~ .5o PA A~ G1~RNI8HEE & as-gam Per PRAECIPE FOR WRIT OF EXECUTION ~{ ~ (/D `~ D ~ d ~rJ TO THE PROTHONOTARY: a'~ r Issue writ of execution in the above matter, ~ ~~~j (y p,Q' ,Qgll~ directed to the Sheriff of Cumberland County; (1) against Curtis L Barber defendant (s)and (2) against Citizens Barilc of Pennsylvania garnishee (s ) /~ ~~ ~ (3) AMOUNT DUE $50,868.88 IN~'EREST ~~~~ Q(,~! CC. from March 17, 2010 $531.75 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account ( $.00) CK ~ ~(~~`~ TOTAL ' R-~a~ia(oo3 FREDERI WEINBERG, ESQUIRE JOEL M. LINK, ESQUIRE Attorn for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1899 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CALVARY PORTFOLIO SERVICES, LLC Plaintiff (s) From CURTIS L. BARBER AT 631 S. FRONT STREET, HARRISBURG, PA 17104 (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 CITIZENS BANK OF PENNSYLVANIA AT 665 NORTH EAST STREET, CARLISLE, PA 17013. GARNISHEE(S) as follows: 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 $50,868.88 Interest FROM MARCH 17, 2010 -- $531.75 Atty's Comm Atty Paid $151.96 Plaintiff Paid Date: MAY 24, 2010 L.L. $.50 Due Prothy $2.00 Other Costs (Seal} Deputy REQUESTING PARTY: Name JOEL M. FLINK, ESQUIRE Address: GORDAN & WEINBERG, P.C. 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION CALVARY PORTFOLIO SERVICES, LLC Plaintiff(s), 10-1899 --~ o , c-? ~~ ~ : VS. ~ C'~ ,+, d -- .. ~ ~ ~. "s- CURTIS L. B R _ ~-~ D f '~ e endant(s), - and - ~: o ; Citizens Bank of Pennsylvania, Garnishee. ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS 1 to _9~ At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of Pennsylvania, states that it maintains no record of any deposit account in the name of the defendant, CURTIS L. BARBER, accordingly, no funds aze being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Penny J Donaldson who being duly sworn according to the law deposes and says that she is an Operations Services Clerk, and that the statements set. forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. ,. Penny Donaldson Sworn and subscribed before me this ~ day of ~C~.~~,2010. Nancy J. Loy, Notary Public City of Pittsburgh, Allegheny County Av Commission Expires July 22^2~? 2 Certificate of Service I, Penny J Donaldson, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this prepaid, this 2°d day of August, 2010. GORDON & WEINBERG, P.C. 1001 E HECTOR STREET CONSHOHOCKEN, PA 19428 ' Penn Donaldson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION CALVARY PORTFOLIO SERVICES, LLC, Plaintiff(s), vs. CURTIS L. BARBER, Defendant(s), vs. Citizens Bank of Pennsylvania, Garnishee. 10-1899 Answers to Interrogatories Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Party: Nicholas Deenis, Esquire PA I.D. No. 62378 Stradley, Ronon, Stevens 8~ Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355-1481 (484) 323-1351 (610) 640-1965 fax 2015455 RR? 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 ' A610 AUcC- 13 PM -2:V I' - Cavalry Portfolio Services, LLC as assignee of Cavalry Investments, LLC, as assignee of Advanta VS. Curtis L Barber and Citizens Bank of Pennsylvania . Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-1899 PR7A=IPi TO DI88QLVE ATTACMdWT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with Citizens Bank of Pennsylvania, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FREDERIC I WEI ERG, ESQUIRE JOEL M. FL ESQUIRE Attorney for Plaintiff POll r 6 . Od -;?k-p4x SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Calvary Portfolio Services LLC vs. Curtis L Barber F iLE.0 Vr ? P ? V 1Sl MBM Ksyl LVA $i! Case Number 2010-1899 SHERIFF'S RETURN OF SERVICE 02/17/2011 10:52 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2011 at 1047 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Curtis L. Barber, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Sheri Guttshall, Assistant Branch Manager, 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 February 22, 2011 to Curtis L. Barber at 631 S Front Street, Harrisburg, PA 17104. February 22, 2011 SO ANSWERS, K'? Z' X ? r?l ? RbU WDERSON, SHERIFF Sh*Wn Harrison, Deputy 2015455 m s s 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 Investments, LLC, as assignee of Advanta VS. Curtis L Barber and PNC Bank Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 10-1899 tv PRAECIPE TO DISSOLVE ATTACffiCNT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with PNC Bank, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FREDERIC I INBERG, ESQUIRE JOEL M. FL K, ESQUIRE Attorney for Plaintiff P011