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Home My WebLink About10-6181THIS IS AN ASSESSMENT 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 F TEC_CFF/Cc Taw'C¢{C,in'r' 2086380 ARBITRATION MAT It F3O 7 2: OF DAMAGES HEARING REQUI LIMCERLA1140 CC tq-;- ' PEJO CCR TRUST 2009-2 1350 AVENUE OF AMERICAS, NEW YORK, NY 10019 Vs. FRED A KEPHART 124 VIRGINIA BEACH AVE CARLISLE PA 17015-8521 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10 - &18I NOTICE ' -0m 0 V? l 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, 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 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 O g $ga.00 PD AYM 2 oN986 3 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, CCR TRUST 2009-2 a debt buyer and successor in interest to the original creditor, CHASE BANK USA N.A.. 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)the 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 merchandise 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". S. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due as of June 17, 2010 in the amount of $6,488.96. 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 5/30/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $6,488.96 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC INBERG, ESQUIRE JOEL M. F NK, ESQUIRE Attorney for Plaintiff POIP.DB 2086380 CCR TRUST 2009-2 FRED A KEPHART 4417122495914146 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. CHRIS ASBROCK EXHIBIT "A" 2086380 CCR TRUST 2009-2 FRED A KEPHART 4417122495914146 State of Illinois § County of Cook § AFFIDAVIT that: I, CHRIS ASBROCK, being duly served sworn according to law, depose and say 1. I am the authorized representative of All Gate Financial, LLC who is the record holder for the plaintiff CCR TRUST 2009-2 which is the successor in interest to CHASE BANK USA N.A. and I have custody and control of the files relating to this account; 2. Plaintiff's files are maintained in the usual and ordinary course of business; 3. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 4. There is now due and owing from defendant to plaintiff, the amount of $6,488.96 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $6,488.96 as of April 20, 2010. 5. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. CHRIS ASBROCK Sworn to and Subscribed before me this 71 day of rlk , 2010 Notary Public OFFICIAL SEAL AMTRA CARTER Notary pMIc - M4 of Mnou My Commiaion Expkos Jtd A. 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy $~.,tSC OY 4,i,rr~ypr~Jh~ ~~ . a~ r~~~`p~a~~o~o~rA~~° Richard W Stewart Solicitor ~FF)~ ~?F F"~; 1 "..BIKE Z~iQ ~~~ (4 Q~ ~n~ ~~ cts~e~R~.Ata~ er~t~~Y ~~r~~sY~Va~~A CCR Trust 2009-2 vs. Case Number Fred A. Kephart, Sr. 2010-6181 SHERIFF'S RETURN OF SERVICE 10/08/2010 07:03 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on October 8 2010 at 1903 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Fred A. Kephart Sr., by making known unto himself personally, at Sheetz, Carlisle Pike & Route 114, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing tv him personally the said true and correct copy of the same. Z RYAN BUR~~^ UTY SHERIFF COST: $47.80 October 11, 2010 SO ANSWERS, ~~"`.._ RON R ANDERSON, SHERIFF (G CountySuite Sheriff, Teleosofr, I,~c. 2086380 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 cl?p MCD 2?'7 ,,. c v -? M ccnnr ?r- ?A N N -? C) CCR TRUST 2009-2 VS. FRED A KEPHART b -L' c.'a COURT OF COMMON PLEAS CUMBERLAND COUNTY ''? ca a{a DOCKET NO. : 10-6181 PRRECIPE FOR ENTRY OF JUDGMMT FOR 1/ANT OF AN ANSWER, ASSESSMENT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $6,488.96 Less: Payments on Account ( $.00) Total: $6,488.96 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: CCR TRUST 2009-2 and that the last known address of defendant, FRED A KEPHART, 124 VIRGINIA BEACH AVE, CARLISLE PA 17015-8521. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. i I OSA'soti? 3. The said defendant(s) is (are) not in the military Gti ?S service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18?C years of age. AND NOW, this day of , 2010 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $6,488.96 as per the above certification, Prothond-ar GORDON & WEIN?BERGG,, P.C. BY: 1J FREDERIC W INBERG, ESQUIRE JOEL M. FL- >,K, ESQUIRE Attorney or Plaintiff 2086380 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 CCR TRUST 2009-2 Vs. FRED A KEPHART 124 VIRGINIA BEACH AVE CARLISLE PA 17015-8521 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-6181 NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. /Xl Judgment by Default $6,488.96 f? Money Judgment $ Judgment on Award of Arbitrators$ [?( Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 2" PROTHO OTARY 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 2086380 CCR TRUST 2009-2 COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. DOCKET NO. : 10-6181 FRED A KEPHART TO/PARA NOTICE OF INTENTION TO TAKE DEFAULT FRED A KEPHART 124 VIRGINIA BEACH AVE CARLISLE PA 17015-8521 DATE OF NOTICE/FECHA DEL AVISO: October 29, 2010 n4PORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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. 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 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEERG, ESQUIRE JOEL M.- INK, ESQUIRE PLOD-2