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Home My WebLink About10-31092073741 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 s rn 5(-) a• N ..p HARVEST CREDIT MANAGEMENT VI-B, LLC assignee of Metris Direct Merchants 600 17th St. Suite 850 So Denver, CO 80202 Vs. LEONARD H CRAMER 318 CHARLES RD MECHANICSBURG PA 17050 and MARY E CRAMER 318 Charles Rd Mechanicsburg PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : lb -3109 NOTICE Cn C.J m _-y e? 0_:IV tl term 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 s (717) 249-3166 ga.pp pQ A711 eke lI q!5 1,A 0,141 Rql ASSESSMENT OF 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 or Affidavit 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 January 25, 2010 in the amount of $24,943.76. 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 6/16/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $24,943.76 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. O RG, ESQUIRE JOEL M. FLI SQUIRE Attorney for Plaintiff P01A.DB Harvest Credit Management VIB, 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 18 Pa.C.S. §4904 which provides for certain penalties for making false statements AFFIDAVIT OF CLAIM AND CERTIFICATION OF AMOUNT DUE STATE OF COLORADO ) ) ss. COUNTY OF DENVER ) CURRENT ACCOUNT HOLDER: HARVEST CREDIT MANAGEMENT VI-B, LLC ORIGINAL ACCOUNT NUMBER: ************0407 ORIGINAL CREDITOR: Metris Direct Merchants Personally appeared before me, the undersigned, being duly sworn, states and deposes as follows: 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 VI-B, LLC , organized and existing under the laws of the State of Colorado; 3. That one of AfEianfs responsibilities is to serve as keeper of the books and records of HARVEST CREDIT MANAGEMENT VI-B, 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 December 24, 2009, the balance due on account number ************0407 in the name of LEONARD H CRAMER, based on records provided to plaintiff by the original creditor or its assignee, was $24,677.69 inclusive of $11,609.93 principal and $13,067.76 interest. Interest continues to accrue at the rate of 23.9% per annum; 5. That the above-referenced account, which originated with Metris Direct Merchants *, 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 Metris Direct Merchants * 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 Metris Direct Merchants * to HARVEST CREDIT MANAGEMENT VI-B, 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 terns and conditions and/or where authorized by law. FURTHER AFFIANT SAYETH NOT: December 24, 2009 HARVE DIT 7#kEMENT VI-B, LLC By: Name: David Ra Title: Vice Presi Subscribed and acknowledged to me on December 24, 2009. My commission expires on: Notary P6blic 1580 Lincoln Ave, Suite 600 Denver, Colorado 80203 PA6 GORDON & WEINBERG PC - CLAIM FORWARDED EH059267 NOT,4 :gyp` HARVEST CREDIT MANAGEMENT LAST STATEMENT DETAILS FOR METRIS DIRECT MERCHANTS ACCOUNT#: ************0407 Ref#: EHO59267 LEONARD H CRAMER 318 CHARLES RD MECHANICSBURG PA 17050 SSN: XXX-XX-7250 MARY E CRAMER SSN: XXX-XX-5265 LAST STATEMENT: February 28, 2003 INTEREST RATE: 23.9% BALANCE DUE: $24,677.69 LAST PAYMENT: January 21, 2003 AVAILABLE BALANCE: $0.00 OPEN DATE: July 31, 1995 PA6 GORDON & WEINBERG PC - #CLAIM FORWARDED EH059267 WSKAsrst UAL-? no, loa V9eiiat+'y, IN Niue nodvodand raw" to lheta?aod 400o1,111M *few Pates and Sde Apno tdMWd 0 ofte'I 0caooba.2003 ?`A?+eemest"'? bstweao goner and kkrvert Coedit Vl. BLLC CBk o laalg sM, saiV6 and onoftto Hurey its w? ad ardo% alt ofSdWl r alft dde ondi nsstin and tb db aa?ras Aooomo and Asoomb Usod"hb(wlkh U? aadrMit?ad ihdw Ate) liaosd as dr Aeeooe?FSo as s Cbs Dace. SdWs aedgmmw ado asd umo¦irie wridma reaoasr and witl?cw?t aiq:e?peeemlstkiosar tea,. ?ga+ered or iQrWW ar is do atdoeosabiticy. poll oolobiltq, ordacamentNlan *fdr Aoooeurls or odwvAs% oa tbrthe rep lio"M oad w rude by Seiler is As AdneemmuL Bu)w W aWiw apse due do Puck m Fdoe tieh um is dofood k tie A anot) Ad bear owed in 3 of'the Asvemm and as at On* in the ClcsLv lltofe?nsat attaolred oe? Mee A?eemeat. igaimese w?bea+eoC Sdter? aoddd?vaeed this on ths____ day ai OooW, 2006. WOO Aa d IrtsaffAeeswt. Ioo. I -vir. %waok'I Mrl i ts, i and wmto tine abora IL AL- •.•.•. Hwvod EH059267 GORDON & WEINBERG PC - #CLAIM FORWARDED EH059267 The attached assignments show a sale of the account to Worldwide Asset Management, LLC. The next transfer is from West Corporation. Allhough this appears to be a break in the chain of title, it azises because West acquired 'W'orldwide in August 2004. This acquisition is reported in West's 2005 annual report and its filing of Form lo-K with the Securities and Exchange Commission. These documents are competeat evidence and admissible under CRE 803(5) and CRE 803(8).We have attached page 10 of that report where West refers to its acquisition of Worldwide, and will make the entire report available whenever it may be required. We enteshed the receivshIm manngenmat market tinrongb our acquisition of Attention, LL.C CAuentina"} in August 2002 and expoo kd our pimseaoe sm obis ma dmt with ou w4ujub m of Werrldwtde Asset &(8Dagc mppt, l..1!.C and its related ezwtitin (' VwWwW) in August 2004. We were amucted to the receivables management busines because of our ability to use our existing infra stnrcnuro to address the needs of a large and growing market and to sell these Services to our existing clients. Actor Aqg ID a report published by Kmtlkia Cdnaberg in April 2005, 2* tkrubt for Accounts receivables MMAg=cut in the United 5taoes teprvsented revearus of $pproaimately $15.0 billion, iu 2004 and consisted of approviWatety 6,500 companies. 95% of which generated raveaura of lase tbea $8 uriliiotn. Sunteo O erMi- The Reoelvnblea ?Management se gment represerAed 14% of our consolidated rye is W. The Receivables Maasgement segment consists of the following =Vices: Debt P1uAramW Cotleenow involves the ptarchm of portfolios of rwavableo from credit ongwators. We use proprietary anaiytiesl tools to identify star evaluaw ptMtb]ios of mceivables and develop cult= recovery saategW for each partfoho. %Mite esubtished rdat[a uWps with Cargill Fbwdal Services Corp. ("Cuzill") and SLM Corporation (`Sallie MWI, to evalusto andfam w ft purchase of re ceivaWe& We bane also smocked into fasrorrrd-'flow coiuracts dot commit a third patty to soil to us regularly, and commit us to purchase regularly. e1w ed off receivable portfolios for a Sand percentage of the face amount. C gsnr/Phird-Ph7ty Cs,llet zwm iatolve collecting charged-W debt. We era focined on specift indumiea, swh as healibcart, =At C d, t6le0OMMUn=dMM sari YtWC fimMW%S. OM reCOVeay StMtW is defexmimad by tbe? age of rtceivablra and the extent of pravions collection effatts We ganeralty are paid for these setvkw band on a p of the amUtlIItS that we raoover_ Govarmw= C61Mcdont iuv01'we ooilectl" student loans an behalf of the United States Deparnmut of cation. We also Oft a student Tara default p evendon progn m Used at approaimateWy 130" campus locations` We genrally are paid for these services based on A percentage of the amours that we recover. F rsr-PWTy Coffecdons involve assisting our cli,an im collecting pave-ebwSed-aff conslstnor &bt Therm sert'tM involve a highly stnwhaed psoe M with a pro-app vv,ed scW and gamey dim a owwmta service orieued agent. We gea mtty are paid for dr Ae neu Aeu on a per agent hatir basis. CO"Beuslal Coltechats involve oolbating Conannerciai debt and pao7ide a full suit* of busiaeea at tykes designed W maximize return cc receivables. Wo senaraily are paid for these sarAces based on a percentage of the amoont4 fiat, we recover. COM ctiVO,I, The reooivabla mema?meat iadubtry is highly competitive and kagrmeated, We campetc with a largo =mbar of P=Mem imcluding large national cempnaiee u well as w onuel and local ft= Marty orients retain multiple recdvables matragement providers, winch expose us to eomitumm compeftm is order to run= a Ptclened vender. We believe that the primary co aWtitives fact u in obtai emS and retaimt W clients u the percentage of the receivabbe that art cnvected W retwm d to the client. Debt pvaoebsaing is subject to additiotdal eoeapedtivc factors, ineyudiog bidding competition in the purebase of receivabh Paafl'0FM- biz dltsclm the tisks associated with the compe dtiua in the neoetvablu managemezat ht&k tit Item IA "Risk Factors" F nanckg of Porollo purcJ ow. We work with two portfolio leaders, Cargill Pinwcaal Services Corp. AM Sallie Mae, to linaum the purchase of persfollW. no lender aclvar M 80% to 85% of the purchase price of each portfolio and we fimd the re udWag 15% to 20%. The debt front the tender tie wits interest at A variable rate, with the lewder also sharing in the ptollts of the porffotto after eollecdon expenses and the repwyment of principal and imaast. The debt frota the lewder is non-recourse and is collatwOzed by ail receivable portuW within a loan series. We discnee theao facilities in Item 7 'WUnageo mrs Disetuden and Analysts of FinsueW CoardidO4 and Results of Operations - Ligvidity and Capital Relm=es " 10 w ? ? ? ,Mw'? ?ib?y' a?114 ?? ??eNSarvwnw?p? hswiie¦t?s¦d +?? load el?wa¦ta?rw?Wetpwwar atAsapo% gqk 1Nisaad i¦rwtwrwtba o+fOwAaaewi d wits o? Awaoir wroW Awrlsa? ?Ytt , uhdu low booim Mts?pr, wtwwtar odNr M ?? d W*"* of to wAmono PIN I III III doodoftraMda f?aef(?e?? b?Raoe bwri bp?•did?tt+rai ism ?ol¦bry ar Nil wrai?aewY.ofaga?rA?oo?1? Ysa?arai?rN?,i wtia?t tae ad f, faw t" Mftso"ett m ado( DATM DONAW K 2W Wa§bA#s Ame hwdmm& LLC ay. X? RIm K TdL SVP BILL (W MIX AND AS OGNMENT OF AMU as ?s Waddwids Amet?' iisidad aebety ewodw db Im of dm a* at Neva& ileeI.I?' cxc* u Olbar iin pffavided, wrdod asooeeeoNr aed wid" ar aratxe4oes of a w rim b4 a?rscter or omkv% ' or impWA aH ad' Ao4=,s tit3ee and ioomm io aced ea ara6 oftka Amapa (to WO dAM in ft A mm $cboduia S , Wi t " ) xftdmd bmft b a r ? v i ? s A m p i e l a s p eo&d rfoaipei„ ia?e?est ar offer p of my 1®d w& repeat b dw Amft nmmbftdine weld owft M ofdw det > (iaciuft bnt not limdrd b paeoeexk deed++W i dw oamvarwioq valeeeegay of may. of euy o[ me Aaie?e ierlo cae a . how aft pooeede and Siam ad Aw of Sab weed Aaee*mn of Ate, DATED: AM=19, 2= ASSItiNM- MEt7lIS COWAAII88 M Now. Malt PAC&s r w: n? - Credit Jb* SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~(1 ~~~- ~ ~- Sheriff - ,~ i r ; , '?AMY Jody S Smith r . Chief Deputy ~; Z~ ~ ~ F" ~ i' ~ ~ ~~'~ u ~ J 3 Edward L Schorpp Solicitor ~r~ ~ .. .. _;~~~r f~~~`{~~[[~ ~ ;ii.\t 'jj!~ ~i~! ~` I~L.E tt ~~ ~+, L'1jf 4~~H Harvest Credit Management VII vs. Mary E Cramer (et al.) Case Number 2010-3109 SHERIFF'S RETURN OF SERVICE 05/17/2010 08:11 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2010 at 2009 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mary E. Cramer, by making known unto Leonard Cramer, Husband of defendant at 318 Charles Road, 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. ~-~, RYAN BUR , ~EPOTY 05/17/2010 08:11 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2010 at 2009 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Leonard H. Cramer, by making known unto himself personally, at 318 Charles Road, 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: $53.00 May 18, 2010 RYAN BURGETT, DEPU SO ANSWERS, RON .R ANDERSON, SHERIFF ;c Co~intpSui[e ~henff, Teleosott, Inc. 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 VI-B, LLC assignee of Metris Direct Merchants vs. LEONARD CRAMER and MARY E CRAMER 2073741 COURT OF COMMON PLEAS CUMBERLAND COUNTY -t7 t`z-F ~~, DOCKET N0. 10-310 j' E .~_ t.~, .x -~ w_. ,rte ~:. ~L-' 3UGGE3TION OF BANl~RUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NO~P, this 07Jun10, it is suggested of record that N d ~ ~' - }c`~ ~ ~ fir -.- -~-. -4 - . -,-, ~ -' r~ ~ rrz c+ Defendant, LEONARD CRAMER and MARY E CRAMER, filed a petition in bankruptcy under Chapter 13 of the Bankruptcy Code on or about June 3, 2016, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 06-00980. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY• FREDERIC INBERG, ESQUIRE JOEL M. FL• K, ESQUIRE Attorney for Plaintiff