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
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P rothonot ry
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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
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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
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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
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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-; ~
~ ., -. =~ ;,
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:
7 Skyline Drive .
~
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Hawthorne, NY 10532 -~" I.
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vs . DOCKET NO. 10-1899
_
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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 ,
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VS. ~
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-- .. ~
~ ~. "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
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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
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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
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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
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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
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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