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Home My WebLink About10-3478r Blatt, Hasenmiller, Leibsker & Moore, LLC Daniel Santucci Attorney I.D. #92800 Gregory R. Dye Attorney LID #205316 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 800-850-1079 Attorney for Plaintiff, DELL FINANCIAL SERVICES L.L.C. DELL FINANCIAL SERVICES L.L.C. c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 Plaintiff, vs. JOHN C HORNER 903 MUD LEVEL RD SHIPPENSBURG PA 17257-9706 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION c7 `-? No.fO _3ya? Cuul = _; 3 - PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above-captioned matter on behalf of PLAINTIFF DELL FINANCIAL SERVICES L.L.C.. Papers may be served at the address set forth below: Blatt, Hasenmiller, Leibsker & Moore, LLC 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 Telephone Number: 1-800-850-1079 ext. 4151 Dated: April 6, 2010 2430617 PPTXPEAI 111111111 IN 111111111111111111111111111111111111111111111111 IN BLATT, HASENMI & MOORE, LLC By: Daniel Santucci Gregory R. Dye LEIBSKER Blatt, Hasenmiller, Leibsker & Moore, LLC Daniel Santucci Attorney I.D. #92800 Gregory R. Dye Attorney I.D #205316 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 800-850-1079 ext. 4151 Attorney for Plaintiff, DELL FINANCIAL SERVICES L.L.C. DELL FINANCIAL SERVICES L.L.C. c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 Plaintiff, VS. JOHN C HORNER 903 MUD LEVEL RD SHIPPENSBURG PA 17257-9706 Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 10 -34r78 NOTICE TO DEFEND C?Vt?It°?t J c? ,7 CA 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 judgment 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, 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. LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 -*ga.oo PD ATW 2430617 PPTCPADI AVISO Le han demandado a usted en la corte. Si usted quiere defen derse de estas demandas expuestas en las paginas siguientes, usted tiene veinte dias de plazo al partir de la fecha de la demanda y la notificacion. Hase falta ascentar una comparencia escrita o en persona o con un aboga do y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisa do que si usted no se de fiende la corte tomara medidas y puede continuar la demanda en contra suva sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propieda des u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 267-2032 Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, Daniel Santucci Attorney I.D. #92800 Gregory R. Dye Attorney #205316 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 800-850-1079 DELL FINANCIAL SERVICES L.L.C. c/o Blatt, Hasenmiller, Leibsker & Moore, LLC ITHE COURT OF COMMON PLEAS Plaintiff, MBERLAND COUNTY, PA VIL ACTION vs. JOHN C HORNER 903 MUD LEVEL RD SHIPPENSBURG PA 17257-9706 Defendant(s). COMPLAINT Plaintiff DELL FINANCIAL SERVICES L.L.C., claims as follows: 1. The Defendant(s), JOHN C HORNER, is a resident of Cumberland County, Pennsylvania. 2. The Defendant(s) opened an account agreeing to make monthly payments as required by the terms of the account, for purchases charged to the account. 3. The Defendant(s) did make purchases and charged same to the account but failed to make the monthly payments called for on the account. There is a balance due and owing of $2512.88. 4. Plaintiff declared Defendant(s) to be in default and demands payment of the balance. 2430617 PPTCOCCI WHEREFORE, the Plaintiff, DELL FINANCIAL SERVICES L.L.C., prays for judgment in its favor and against Defendant(s), JOHN C HORNER in the amount of $2512.88, plus costs. Respectfully submitted, DELL FINANCIAL SERVICES L.L.C. Daniel Santucci, Attorney No. 92800 Gregory R. Dye Attorney #205316 Blatt, Hasenmiller, Leibsker & Moore, LLC 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 (800) 850-1079 Dated: April 6, 2010 VERIFICATION the undersigned attorney for the Plaintiff, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief, based upon information provided by the Plaintiff, that the Plaintiff is presently located outside of this jurisdiction, and that in order to file the within document in an expedient and timely manner I am authorized to sign this verification on behalf of the Plaintiff. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to au PPTXVERI Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, Daniel Santucci, Attorney I.D. #92800 DELL FINANCIAL SERVICES L.L.C. Gregory R. Dye, Attorney I.D. #205316 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 800-850-1079 DELL FINANCIAL SERVICES L.L.C. c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 Plaintiff, vs. JOHN C HORNER 903 MUD LEVEL RD SHIPPENSBURG PA 17257-9706 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: County of Chester: I, Daniel Santucci/Gregory R. Dye, being duly sworn according to law, depose and say am the attorney for Plaintiff and I am authorzied to make this affidavit on Plaintiff's behalf. I hereby certify that the Defendant is at least 18 years of age and not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Servicemembers' Civil Relief Act of 2004 and any amendments thereto. I also herby certify that the statements made in the foregoing Affidavit of Non-Military Service are true and correct to the best of my information, knowledge, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. BLATT, HASENMILLER, LEIBSKER & MOORE, LLC /f / Dated: April 6, 2010 By: Gregory R. Dye 2430617 PPTJCAMI IIIIIII VIII III IIIIII 111111111111111111111111111111111111111 IIII Exhibit "A" PPTXEXAI VERIFICATION The undersigned hereby verifies that: 1. I am employed by Plaintiff and am authorized to make this Verification on behalf of Plaintiff DELL FINANCIAL SERVICES L.L.C.. 2. 1 reviewed the following [check all that are applicable]: [ ] (a) computerized documents; [ ] (b) hard copy of documents; and [X] (c) other (specify) computerized account data relating to Account No. 6879450129055685203. The foregoing Account was opened on May 8, 2007 in the name(s) of Defendant(s) JOHN C HORNER. 3. Based on my review of the foregoing documents, there is due and payable the principal sum of $2512.88 which is calculated as the original creditor's chargeoff balance less any payments received. The information that I reviewed were provided by the original creditor and or its assignees. 4. Based on my review of the foregoing documents, there are no payments that have not been credited to Defendant(s). 5. The facts set forth in this Verification are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties for making an unsworn falsification to authorites in violation of 18 Pa.C.S. Section 4904. Signature Aran `T?ar,s Print Signature Date: b ::x a -i D PPTXNIVI 2430617 11111111111111111111111111111111111111IIIIIIIIII Iglll NI IIII Request for Service Ronny R. Anderson, Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.639o Fx:717.2,40.6397 Plaintiff/s: Court Number: [DELL FINANCIAL SERVICES, LLC Expiration Date: ; Type of Action: CIVIL COMPLAINT Defendant/s: JOHN C. HORNER Serve Upon: ---_____ JOHN C. HORNER Address for Service: 903 MUD LEVEL RD. SHIPPENSBURG State IPA 17257-9706 Alternate Address for for Service: State 1A R -- Type of Service: Adult in Charge F- Personal (- Deputize r- Certified Mail F- Posting **Copy of Court Order Required with posting- Special Service Instructions: *If service is to be made by deputized service to another county please specify which county* Filing Attorney: Name: DANIEL J.SANT000I Address: 5 GREAT VALLEY PARKWAY STE 100 MALVERN State PA 19355 Phone Number: 1 +1 (800) 850-1079 Dell Financial Services L.L.C. c/o Blatt, Hasenmiller, Leibsker & Moore,LLC 5 Great Valley Parkway, Suite 100 Malvern, Pa 19355 Plaintiff, vs. JOHN C HORNER 903 Mud Level Road Shippensburg, Pa 17257-9706 Defendant. RESPONSE Defendant John C Horner claims as follows: c -t] i,~, O C.... i ,~ -- ~ i'r'1 ~ ru .~ o ' _, ~r s~ ; ~ 7 ~ ,c, c~~ 1. Defendant is a resident of Cumberland County. Pennsylvania 2. Defendant had opened an account with Dell Financial Services and agreed to pay monthly payments 3. Defendant had entered into a Debt Relief Program with First Financial Group and had sent information to Dell Service in February of 2009 stating that they are to contact them for payment. 4. Plaintiff did not correspond with First Financial Group even after Plaintiff was contacted by Defendant. Wherefore, the Defendant, John C Horner prays for judgment in favor and against Plaintiff where they are to contact First Financial Group for payment. Dated June 22, 2010 ~~~~ Respectfully submitted. John C. Horner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 10-3478 CIVIL TERM To Whom It May Concern: My name is John C. Horner Jr. and I am unable to pay my credit card bill and have made many attempts to contact and resolve this issue with my credit card companies. I am the main income provider of the household have been laid off for the majority part of 2009. Because of this I have entered into a program with First Financial Group. They have taken over paying my credit card bills, I pay them a small amount monthly and they are in contact with the credit card companies to try and settle my accounts for me. I have been in this program since February 2009. Thank you John C. Horner Jr. Date: ~~5 ~ LISA HORNER 903 MUD LEVEL ROAD SHIPPENSBURG, PA 17257 Dell 6879-4501-2905-5685-203 Mr./Ms. Collector, I am writing in response to your constant phone calls! According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): CEASING COMMUNICATION: You must cease all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other location! In accordance with the federal FDCPA, now that you have received this "stop calling" letter, you may only contact me to inform me that you: • are terminating further collection efforts; • invoking specified remedies which are ordinarily invoked by you or your company; or • intend to invoke a specified remedy. Be advised that I am well aware of my rights! For instance, I know that any future contact by you or your company violates the FDCPA and that since you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805(b)2 of the FDCPA. Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me I will pursue all available legal actions to stop you from harassing me and my family. f Il~-r A HOR R Creditor Call Log On the lines below please write down every time the creditor calls. It's important to document the date, who you talked to and what they said in case it is needed by the lawyers for a hazassment case. If you have any questions please call our Client Services Department at 1-866-828-6397 CLIENT NAME LISA HORNER CLIENT ID _ 2110 _ NAME OF CREDITOR: Dell 6879-4501-2905-5685-203 DATE: CALLER'S NAME: TIME OF CALL: CALLER'S PHONE #: PLACE OF CALL: (e.g. Home, Work, Cell) NOTES/COMMENTS: (Please detail conversation especially if there is harassment by the caller) DATE: CALLER'S NAME: TIME OF CALL: CALLER'S PHONE #: PLACE OF CALL; (e.g. Home, Work, Cell) NOTES/COMMENTS: (Please detail conversation especially if there is harassment by the caller) DATE: CALLER'S NAME: TIME OF CALL: CALLER'S PHONE #: PLACE OF CALL: (e.g. Home, Work, Cell) NOTES/COMMENTS: (Please detail conversation especially if there is harassment by the caller) DATE: CALLER'S NAME: TIME OF CALL: CALLER'S PHONE #: PLACE OF CALL: (e.g. Home, Work, Cell) NOTES/COMMENTS: (Please detail conversation especially if there is harassment by the caller) Once completed, please mail or fax to; is` Financial Group 5010 W. Carmen St. Tampa, FL 33609, f 813-902-6724 Instructions 1. Sign the Cease & Desist letter and mail it to the creditor. i. Make a copy of it for your records ii. Mail it Return Receipt from the Post Office so you have proof they received it. 2. When you receive the Return Receipt back in the mail fax or email a copy of it to our Client Services Department. (fax: 813-433-2438 email: customer-relationsCa~m4fg.com) 3. When you receive the Return Receipt back in the mail is when you start tracking their calls. a. Document the calls on your Creditor Call Log be sure to document everything thoroughly. 4. Once the Creditor Call Log has four complete calls fax it back to the Settlement Department. (fax: 813-902-6724 email: settlement-departmentCa~m4fg.com) Blatt, H senmiller, Leibsker & Moore, LLC Daniel Santucci Attorney I.D. #92800 1835 Market Street, Suite 501 Philadelphia, PA 19135 800-850-1079 DELL FINANCIAL SERVICES, LLC Plaintiff, JOHN C. vs. Defendant(s). <M,:;a M f Attorney for Plaintiff,, r TARGET u?r F a ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 10-3478 CIVIL TERM MOTION FOR SUMMARY JUDGMENT Counsel, and state 1. 2. 3. 4. against t Respectfully 2430617 NOW COMES the Plaintiff, Dell Financial Services, LLC, by and through iel J. Santucci, and files this motion for summary judgment against the defendant as follows: This case began May 25TH, 2010, and was commenced by Dell , by filing a complaint, see Exhibit A The Defendant was served June 8`h, 2010. The Defendant filed an Answer on June 24th, 2010 See Exhibit B There is no genuine issue of fact in this case, with regards to Defendant's Answer, as Defendant admits to the allegations of the Complaint. ORE, Plaintiff prays this Honorable Court to enter Judgment for the Plaintiff and e Defendant in the amount of $ 2,512.88 plus court costs. le-1 Blatt, H senmiller, Leibsker & Moore, LLC Daniel S antucci Attorney I.D. #92800 1835 Ma rket Street, Suite 501 Philadel hia, PA 19135 800-850- 1079 DELL FINANCIAL SERVICES, LLC Plaintiff, JOHN C. vs. Defendant(s). Attorney for Plaintiff, TARGET IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 10-3478 CIVIL TERM EMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ND NOW COMES the Plaintiff, Dell Financial Services, LLC, by and through Daniel J. Santucci, and files this motion for Summary Judgment. 1. WATEMENT OF FACTS Ono about May 25th, 2010, The Plaintiff Dell did file a complaint in this Honorable court requesting damages in the amount of $ 2,512.88, which was an amount left due and owing on defenda 's line of credit. Defendant then filed an Answer, in which Defendant admits that this is his debt ;d that he is not disputing it. II. ARGUMENT In Jorder to decide a motion for Summary Judgment, all facts averred must be taken as true. Rule 1035.2 States: After the relevant pleadings are closed, but within such time as not to easonably delay trial, any party may move for summary judgment in whole or in part a a matter of law 1. Whenever there is no genuine issue of any material fact as to a necessary e ement of the cause of action or defense which could be established by additional discovery or expert report, or 2. if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury. the rule of law to this case is straight forward, Defendant has not disputed the debt raOr he states clearly in his answer, that he does not dispute the debt. With that being said there is Oo genuine issue of fact, and all facts alleged by the plaintiff are therefore admitted to. III. CONCLUSION As there is no dispute as to the amount or the fact that the defendant owes this debt, then there is genuine issue of fact and Summary Judgment should be granted. Respectfully submd, Dan' to ci, Attorney No. 92800 VERIFICATION I, Daniel IJ. Santucci, am the attorney in the enclosed matter, and I have prepared the Motion for Summart Judgment after reviewing the file, speaking with my client, and my personal and belief. I affirm that the fact asserted are true and belief. DATE: April 19, 2011 to the best of my Blatt, H senmiller, Leibsker & Moore, LLC Daniel S ntucci Attorne I.D. #92800 1835 M rket Street, Suite 501 Philadelphia, PA 19135 800-8504079 DELL FIN*NCIAL SERVICES, LLC Plaintiff, vs. JOHN C. Defendant(s). Attorney for Plaintiff, TARGET IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 10-3478 CIVIL TERM CERTIFICATE OF SERVICE I, Daniel J. Santucci, as attorney filing the attached pleading, hereby certify that I mailed an exact copy of the attached to the party(ies) below at the address indicated by U.S. Certified Mail first class postage prepaid, unless otherwise stated below. John Ho er 903 MU LEV SHIPPE SB G A 17257 Z/Y?- // Date EXHIBIT A BI t, Hasenmiller, Leibsker &. Moore, LLC D t a iel Santucci Attorney I.D. #92800 Q ory R. Dye Attorney I.D #205316 5 rest Valley Parkway, Suite 100 {vam, PA 19355 0.1079 ext. 4151, DE I FINANCIAL SERVICES L.L.C. c/ Blatt, Hasenmiller, Leibsker & Moore, LLC 5 reat Valley Parkway, Suite 100 M Ivem, PA 19355 Plaintiff, Vs. C HORNER MUD LEVEL RD 'PENSBURG PA 17257-9706 Defendant. Attorney for Plaintiff, DELL FINANCIAL SERVICES L.L.C. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION r No. `'- CO ==' yy A f., NOTICE TO. DEFEND :a L1?: < have been sued in court. If you wish to defend against the claims set forth in the following pages, must take action within twenty (20) days after this complaint and notice are served, by entering a an appearance personally or by attorney and filing in writing with the court your defenses or ctions to the claims set forth against you. You are warned that if you fail to do so the case may eed without you and a judgment may be entered against you by the court without further notice for money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may money or property or other rights important to you. SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A rER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN VIDE 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 E IGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 "ISO Le an demandado a usted an la Corte. Si usted quiere defen derse de estas demandas expuestas an las pag nas siguientes, usted tiene veinte dias de plazo al partir de la fecha de la demands y la notificacion. Has a fafta ascentar una comparencia escrita o an persona o con un aboga do y entregar a la corte an forma esc a sus defensas o sus objeciones a las demandas an contra de su persona. Sea avisa do qua si usted no se fiends la Corte tomara medidas y puede continuar la demanda an contra suva sin previo aviso o not' icacion. Ademas, la Corte puede decidir a favor del demandante y requiere qua usted cumpla con toch is las provisioner de esta demands. Usted puede perder dinero o sus propieda des u otros derechos im rtantes pare usted. LL E ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 L ME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PA A AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 267-2032 61 Hagen Willer, Leibsker & Moore, LLC Da lei Santucci Att rney I.D. #92800 G ory R. Dye Attorney #205316 5 t Valley Parkway, Suite 100 Ma vern, PA 19355 0-1079 DELL FINANCIAL SERVICES L.L.C. c% Blatt, Hasenmiller, Leibsker & Moore, LLC Plaintiff, Vs. N C HORNER MUD LEVEL RD 3PENSBURG PA 17257-9706 Defendant(s). Attorney for Plaintiff, THE COURT OF COMMON PLEAS IMBERLAND COUNTY, PA JIL ACTION COMPLAINT PI intiff DELL FINANCIAL SERVICES L.L.C., claims as follows: 1. 2. 3. 4. The Defendant(s), JOHN C HORNER, is a resident of Cumberland County, Pennsylvania. The Defendant(s) opened an account agreeing to make monthly payments as required by the terms of the account, for purchases charged to the account. The Defendant(s) did make purchases and charged same to the account but failed to make the monthly payments called for on the account. There is a balance due and owing of $2512.88. Plaintiff declared Defendant(s) to be in default and demands payment of the balance. 7 :IAL SERVICES L.L.C., t Defendant(s), JOHN C HORNER Respectfully submitted, DELL FINANCIAL SERVICES L.L.C. Daniel Santuooi, Adomey No. 92800 Gregory R. Dye Attorney #205316 Blatt, Hasenmiller, Leibsker & Moore, LLC 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 (800) 850-1079 VERIFICATION I, the undersigned attorney for the Plaintiff, hereby verify that the 3ments made in the foregoing Complaint are true and correct to the best of my knowledge, 'mation, and belief, based upon information provided by the Plaintiff, that the Plaintiff is ;entlylocated outside of this jurisdiction, and that in order to file the within document in an sdient and timely manner I am authorized to sign this verification on behalf of the Plaintiff. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsifications to aui BI Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, De lel Santucci, Attorney I.D. #92800 DELL FINANCIAL SERVICES L.L.C. G ory R. Dye, Attorney I.D. #205316 5 rest Valley Parkway, Suite 100 M ivem, PA 19355 800-00-1079 DE.L FINANCIAL SERVICES L.L.C. c/ Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS 5 rest Valley Parkway, Suite 100 M lvem, PA 19355 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION VS. No. J HN C HORNER 90 MUD LEVEL RD S IPPENSBURG PA 17257-9706 Defendant(s). AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: County of Chester: I, Daniel Santucci/Gregory R. Dye, being duty sworn according to law, depose and say I the attorney for Plaintiff and I am authorzied to make this affidavit on Plaintiff's behalf. I hereby certify that the Defendant is at least 18 years of age and not in the Military Service of he United States, nor any State or Territory thereof or its allies as defined in the S rvicemembers' Civil Relief Act of 2004 and any amendments thereto. I also herby certify that the statements made in the foregoing Affidavit of Non-Military Service are true and correct to the best of my information, knowledge, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to u sworn falsification to authorities. BLATT, HASENMILLER, LEIBSKER & MOORE, LLC /J / April 6, 2010 )617 JCAMI By: ' Dania Sa cci Gregory R. Dye At "Ai" YONSCATION The undersicg ned hereby verifies that: 1. 1 am employed by Plaintiff and am authorized to make this Verification on behalf of Plaintiff DELL FINANCIAL SERVICES L.L.C.. 2. 1 reviewed the following [check all than we applicable]: I ] (a) computerized documents; ] (b) hard copy of documents; and [X] (c) other (specify) computerized account data relining to Account No. 6879450129055685203. The foregoing Account was opened on May 8, 2007 in the name(s) of Defendant(s) JOHN C HORNER. 3. Based on my review of the foregoing documents, there is due and payable the principal sum of $2512.88 which is calculated as the original creditor's chargeoff balance less any payments received. The inforration that I reviewed were provided by the original creditor and or its assignees. 4. Based on my review of the foregoing documents, there are no payments that have not been credited to Defendant(s). 5. The facts set: forth in this Verification are true and correct to the best of my knowledge, information and,bellef. This Verification is made subject to the penalties for making an unswom falsification to a omfites in violation of 18 Pa.C.S. Section 4904. Signature ?`jrirn ?c2?J? s Print Signature Date: as dO ! D 2430617 PPTXNIVI EXHIBIT B ell Financial Services L.L.C. o Blatt, Hasenmiller, Leibsker & Moore,LLC Great Valley Parkway, Suite 100 IN THE COURT OF COMMON [alvem, Pa 19355 PLEAS Plaintiff, CUMBERLAND COUNTY, PA CIVIL ACTION Vs. n o No 10-3478 CIVIL TERM . C= HN C HORNER Mud Level Road - N) ppensburg, Pa 17257-9706 ?- Defendant. `._ s.• C- -- ; 7 RESPONSE .'endant John C Horner claims as follows: 1. Defendant is a resident of Cumberland County. Pennsylvania 2. Defendant had opened an account with Dell Financial Services and agreed to pay monthly payments 3. Defendant had entered into a Debt Relief Program with First Financial Group and had sent information to Dell Service in February of 2009 stating that they are to contact them for payment. 4. Plaintiff did not correspond with First Financial Group even after Plaintiff was contacted by Defendant. Wherefore, the Defendant, John C Horner prays for judgment in favor and against Plaintiff where they are to contact First Financial Group for payment. xespectrwiy sutm uea. John C. Horner Dated June 22, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r Plaintiff NO. 3L) $ ,?°?Ul 20 vs. Defendant RULE 1312-1 T1a,e Petition for Appointment of Arbitrators shall be substantially in the Following forms PETITION FOR APPOI NTMM NT OF ARBITRATORS TO THE HONORABLE, THE NUDGES OF SAID COURT: Ca yt Six ?J- rw oG i' counsel for the ainti efendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ '? 1. • $ The counterclaim of the defendant in the action is The following attorneys are interested) in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: D611,41 V-1 Sa h t k G (il WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully s stte , .?? ORDER OF COURT AND NOW, , 200____, in consideration of the foregoing petition, Esc}., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed tor. By the Court, Kevin A. Hess, P.J. is r P' r i. 4 33 0, ., ' c b .- i i a4. oo PA ATV C# N-7?93 ?•# 059[0 3(0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA not I Fyittot'a Seyr„t?sa L;l Plaintiff NO. 3H -7 D , 61/j/ 20J Vs. )?dt?? fY. ?arr? , Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form- PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: rA Y! a' .? Sa.? rc oG i counsel for the Eainti efendant in the above action (or acltinns), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ a, S 1 'k $ C The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: DaH l e-1 salrl G CiI. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully ORDER OF COURT A NOW, 3 209/ , in 1consideration of the foregoing petition, - - Esq., and C'r"? QUO Esq., and - ajFsq., are appointed arbitrators in the above captioned action (or actions) as pray for. a4IN"JAUS163d i . L 1 NI ! i ii? ?. ;SIi By the Court, -AA' V. 44/., Kevin eas, P.7. ?N n ; d SQ ,t?uCC C. ? ?O?i n C. l?Oi-n ?r Cep: es ju&. luf G/A'/// Ry--L o T o _> E b .. a4. oo Pa A-nv C# '467(093 P-0 4591.3(0 ? i I FvioNtlu.I JP,YV4GGSaL-L-4 , Plaintiff vs. _3n141% (? Harr er- Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 3L) -7 g_ 200 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ??,? e 1 Sa ?? c.. GG i , counsel for the aintif efendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ el? a S 1 x • $ g The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit C? as arbitrators: ?? ! ,? Sit h T kG Ll' -? 3 c? -- ..d - Zm ' 2 ;v -t V M WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators-o rV = ' whom the case shall be submitted. t-E_ w --ig ° Cp -I Respectfully submitted, G ? F T C N ?M ' ORDER OF COURT AND NOW, , 200_ in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, Kevin A. Hess, P.J. Blatt, Hasenmiller, Leibsker & Moore, LLC Daniel Santucci Attorney I.D. #92800 1835 Market Street, Suite 501 Philadelphia, PA 19103 21 S-5(4-15b 7 Attorney for Plaintiff, DELL FINANCIAL SERVICES LLC DELL FINANCIAL SERVICES LLC c//o Blatt, Hasenmiller, Leibsker & Moore, LLC vs. JOHN C HWNER Plaintiff, Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 10-3478 CIVIL TERM PRE-ARBITRATION MEMO 1. Brief Statement of facts A. Defendant made credit card purchase of a Dell computer. B. Defendant amassed debt. C. Defendant failed to pay debt. 2. Legal basis of Claim Billing statements 3. Special Damages: Amount owed: $ 2,5 12.88, plus court cost. 4. List of witnesses N/A 5. List of exhibits Billing statements 6. Estimate Amount of Time to Present our Claim 1 ? Rj ca 0 - tT1 ?X CD G N C5 i 30 minutes 7. Special comments: N/: Respectful One of i" eye/ Daniel Santuc i, Attorney No. 92800 Blatt, Hasenmiller, Leibsker, & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 (215) 564-1567 In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No. 7g Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ignat Signature - gn ? ature ?? << Ap 5 , ,e, ISai-he6nP_ M. Fih-%tri c k Yee i?AmS Name (Chairman) Name Name ,? Q4c, 0Wt 'p4a? ti' ?A Schcbl Boands Lsocq}0,1 Law Firm Law Firm Law Firin m7 5t ?o fox Address Address Address -)0/? f5cchollw??IljrQ ?A 9055 (? A LZIOA -)ot3 City, Zip city, - ip city, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Vr 'fVVJ 1`4 CV0(& 0 t fi'd r? n? of l.?G<' P G,,nk, tti j1? _eo .o crri 4- d 3t ?2. S-/.?. VS? lolu S ldGr-? ?d 5-f S. . Arbitrator, dissents. (Insert name if Date of Hearing:-r; j 2. 1 Date of Award:_ 3 Notice of l Now, the 06 4A day of MA." , 20 /) , at PY2 F M. the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ Ift . !0 By: Prothonotary Deputy c 1, lok -J y .^ 1 1'-?1 =jc 'F'..? Blatt, Hasenmiller, Leibsker & Moore, LLC Daniel Santucci Attorney I.D. # 92800 Morris Scott Attorney I.D. #83587 1835 Market Street, Suite 501 Philadelphia, PA 19103 215-564-1567 Attorney for Plaintiff, ..:.. DELL FINANCIAL SERVICES L:L Cl '- :3 Pill"- 2: "_ M,13C`RLAH.D COUNTY PENNSYLVANIA DELL FINANCIAL SERVICES L.L.C. c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, vs. JOHN C HORNER 903 MUD LEVEL RD SHIPPENSBURG PA 17257-9706 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 10-3478 CIVIL TERM PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above-captioned matter on behalf of PLAINTIFF DELL FINANCIAL SERVICES L.L.C.. Papers may be served at the address set forth below: Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Telephone Number: 1-215-564-1567 BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Dated: April 18, 2012 By: Daniel Santucci Morris Scott Attorney 2430617 PPTXPEAI 111111111111111111111111111111111111111111111111111111111 Blatt, Hasenmiller, Leibsker & Moore, LLC Morris Scott Attorney I.D. #83587 1835 Market Street, Suite 501 Philadelphia, PA 19103 215-564-1567 Attorney for Plaintiff, DELL FINANCIAL SERVICES L.L.C. DELL FINANCIAL SERVICES L.L.C. c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, vs. JOHN C HORNER 903 MUD LEVEL RD SHIPPENSBURG PA 17257-9706 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 10-3478 CIVIL TERM -r? C) CD PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above-captioned matter on behalf of PLAINTIFF DELL FINANCIAL SERVICES L.L.C.. Papers may be served at the address set forth below: Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Telephone Number: 1-215-564-1567 BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Dated: May 1, 2012 By: Ll- - Morris Scott Attorney 2430617 PPTXP{EAI 111111111 lilt III 111111111111111111111111111111111111111111111111 Blatt, Hasenmiller, Leibsker & Moore, LLC Morris Scott Attorney I.D. #83587 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 Attorney for Plaintiff, DELL FINANCIAL SERVICES L.L.C. j . - M M u? r :Z r- -d- C Cz; DELL FINANCIAL SERVICES L.L.C. c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, vs. JOHN C HORNER 903 MUD LEVEL RD SHIPPENSBURG PA 17257-9706 Defendant(s). ?y = IN THE COURT OF COMMON PLEAS. CUMBERLAND COUNTY, PA CIVIL ACTION No. 10-3478 CIVIL TERM PRAECIPE FOR JUDGMENT PURSUANT TO AWARD OF ARBITRATORS TO THE PROTHONOTARY: Kindly ENTER a JUDGMENT PURSUANT TO AWARD OF ARBITRATORS against the DEFENDANT, JOHN C HORNER in this matter in the amount of $2,512.88 plus court costs. Pursuant to Pa.R.C.P. 237.1, 1 certify that a copy of this Praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. 2430617 PPTJEJTI 111 IN II III I 1 1111111111 Fill 111111111111111 IN Respectfully submitted, Morris Scott, Attorney No. 83587 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 (800) 850-1079 aM+,*4-0 Pd al? ex#b gg17 W )? a k(a;tt I DELL FINANCIAL SERVICES L.L.C. Plaintiff, VS. JOHN C HORNER 903 MUD LEVEL RD SHIPPENSBURG PA 17257-9706 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. No. 10-3478 CIVIL TERM TO: JOHN C HORNER NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Default Judgment has been entered against you in the above proceeding. Dated: 5 "7 1O, PROTH TA By: IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: Attorney of Record for Plaintiff: Blatt, Hasenmiller, Leibsker & Moore, LLC Morris Scott Attorney I.D. #83587 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 2430617 PPTNDJNI I ON IN 11 11 11111111111111111111111111111 IN x ?: ?? ?+ •r, ??+rM„M.M??? ?,., Blatt, Hasenmiller, Leibsker & Moore, LLC Morris Scott Attorney I.D. #83587 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 Attorney for Plaintiff, DELL FINANCIAL SERVICES L.L.C. DELL FINANCIAL SERVICES L.L.C. c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, VS. JOHN C HORNER 903 MUD LEVEL RD SHIPPENSBURG PA 17257-9706 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 10-3478 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: County of Chester: I, Morris Scott, being duly sworn according to law, depose and say I am the attorney for Plaintiff and I am authorzied to make this affidavit on Plaintiff's behalf. I hereby certify that the Defendant is at least 18 years of age and not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Servicemembers' Civil Relief Act of 2004 and any amendments thereto. I also herby certify that the statements made in the foregoing Affidavit of Non-Military Service are true and correct to the best of my information, knowledge, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Dated: May 1, 2012 BY /?9 Morris cott 2430617 PPTJCAMI IN IN I I IINI INN IIIN IIIII Ilnl IIII IIII Wi 30 q7 del/ In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No. /0 - .? /79 Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ? `m - ? .rte ignat Signature gnature Name (Chairman) Name Name ,?aiv owlcPa ,,VAd"n C= t/ FA Schcbl Baarcic Lsachxt o,) Law Firm Law Firm Law Fir 7/f 14)' P St. PO Rox aoya I 1 W- "`J Address Address Address ,OA r 1 20?3 '?lechanicsh?ra?f ??f?55 ?h LJ2 pA 17b?-3 O City, Zip City, -Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 10 / W P/ . Cf §4 .f- d 3f -2. -spa , V u . Arbitrator, dissents. (Insert name if Date of Hearing: .2&40 Date of Award: 3 he, Notice of Now, the 06 44 day of M iUr,4 , 20 la , at PYa , P .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ Prothonotary TRUE COPY FROM RECORD In Testimony whereof, I here unto set my and and the seal of said Court at Carli to, a•, This ? day Of Prothonotary By: