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Home My WebLink About10-7070 ------------- ------------- --------- 4 Ili ? j h,Tr1f f W" ?0 -p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARVEST CREDIT MANAGEMENT VII, I CIVIL DIVISION LLC, a limited liability co., assignee of Washington Mutual Finance I Plaintiff(s) V. No. 2010 ELIZABETH A. FEIE, an individual I Defendant(s) I i I COMPLAINT I I I Code No. I Filed on Behalf of: I PLAINTIFF I I I ATTORNEY OF RECORD FOR THIS PARTY I i Louis B. Swartz I PA. ID # 00242 I ISWARTZ, LOVEJOY & SSOCIATES 116th FLOOR LAW AND FINANCE BUILDING IPITTSBURGH, PENNSY VANIA 15219 I 1(412) 288-0303 #82082 NOTE: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE k Lt ?' '82082 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, LLC, a limited liability co., assignee of Washington Mutual Finance Plaintiff(s) V. I ELIZABETH A. FEIE, an individual i Defendant(s) No. 2010, - NOTICE TO DEFEND AND CLAIM RIGHTS PENNSYLVANIA CJ C 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 days (20) after this Complaint and Notice are served,, by entering a written appearance personally or by attorney and filing in writing with the Court you' 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 claim or relief requested by the plaintiff. Yqu 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 ABOU HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE TO, PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TH7 LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 MAY BE ABLE C MAY OFFER OR NO FEE. NOTDEFCU.PLE #820882 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, LLC, a limited liability co., assignee of Washington Mutual Finance V. ELIZABETH A. FEIE, an individual Plaintiff(s) Defendant(s) _m. No. 2010 f6 PENNSYLVANIA rOMAT.n TNT 1. Plaintiff(s) is HARVEST CREDIT MANAGEMENT VII, LLC, a limited liability co., assignee of Washington Mutual. Plaintiff's address is c/o 429 Fourth Avenue, Suite 1600, Pittsburgh, PA 15219. 2. Defendant(s) is ELIZABETH A. FEIE. Defendants address is 101 N. Prince Street, Apt. 314, Shippensburg, PA 7257. 3. At Defendant's special instance and request, a credit account was opened for Defendant, which Defendant thereafter used and there is a balance due and unpaid, despite demand, in the amount of $3108.09 plus interest from July 8, 2010 4. Attached hereto as Exhibit "A", and incorporated herein by reference as though herein set forth at length, are true and correc-c copies of the documents of Defendant's account which were prepared in the ordinary course of business and are incorporated herein by reference. The account has been assigned to "Plaintiff for value. WHEREFORE, Plaintiff demands Judgment against D e dant(s) in the amount of $3,108.09 plus interest from July , 2010 and costs. Louis B. Swartz Attorney for PLA N IFF SWARTZ, LOVEJO ASSOCIATES 16th FLOOR LAW AND FINANCE BUILDING PITTSBURGH, PENNSYLVANIA 15219 (412) 288-0303 3 h AFFIDAVIT OF CLAIM AND CERTIFICATION OF AMOUNT DUE STATE OF COLORADO COUNTY OF DENVER CURRENT ACCOUNT HOLDER: HARVEST CREDIT MANAGEMENT VII, ORIGINAL ACCOUNT NUMBER: ******3407 ORIGINAL CREDITOR: Washington Mutual Finance Personally appeared before me, the undersigned, being duly sworn, states and de 1. That Affiant is at least eighteen (18) years of age, competent to testify and forth herein; 2. That Affiant is authorized to make oath on behalf of HARVEST CREDIT and existing under the laws of the State of Colorado; 3. That one of Affiant's responsibilities is to serve as keeper of the books and MANAGEMENT VII, LLC , which are kept in the ordinary course of bus made at or near the time of the 'occurrence; as follows: personal knowledge of the facts set AGEMENT VII, LLC , organized 3s of HARVEST CREDIT with the entries in them having been 4. That as of July 8, 2010, the balance due on account number ******3407, i 1 the name of ELIZABETH A FEIE, based on records provided to plaintiff by the original creditor or its assignee, was $3,108.09 inclusive of $2,782.10 principal and $325.99 interest. Interest continues to accrue at the rate of 0.18% per annum; 5. That the above-referenced account, which originated with Washington Mutual Finance, was sold, transferred and conveyed to plaintiff. As a result of the sale of the subject account, plaintiff as complete authority to settle, adjust, compromise, and satisfy the above-referenced account and that Washington Mutual Finance 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 Washington Mutual Finance to HARVEST CREDIT MANAGEMENT VII, LLC; 6. That to the best of Affiant's knowledge, based on information provided by Defendant is not now on active duty in the military. 7. Debtor is responsible for payment of attorney fees and collection costs and/or where authorized bylaw. FURTHER AFFIANT SAYETH NOT: HARVEST CREDIT By: Name: David A. av Title: Vice President Subscribed and acknowledged to me on July 8, 2010. My commission expires on: 1580 Lincoln Ave, Suite 600 Denver, Colorado 80203 PA22 Swartz Lovejoy & Associates LLP - 82082 EH095338 887093 Defense Manpower. Data Center, the to the account terms and conditions VII, LLC OTAR Y PUBLIC.. O My Commission Expires June 18. 7013 i EXHIBIT D Portfolio File IDs RBC6WS5 ASSIGNMENT AND BML OF SALE RD Consulting, LLC ("Seller), has erAcrcd imo a ChArged-Off Receivables Purchase Agrement dued April 24,20% ("Agreement") for the sate of.A=oam described is Exhibit Hof to Harvest C*vW f Manegeamt VA LLC t Purchaser") upon the terms and c orr•, Mions set f in dw Agrmnem. NOW, THEI.MFORF, upon receipt of immedimiely a milable and liquid fund Seller hmby sells, assigns and transfers to Purchaser, its successors and assiM all of Sellers rights, tits and iaum t in each and -every we of the Accounts described in the A.grearnem "AccomaW means 2,138 accounts where last known state of the res tial addrem is in Nalicrosl with a face value of S015,189-144 Purchaser and Seller agree that the Purchase Price shall be as dated in "£xhgs 811, the Closing Statement of the Agreement. lH'U4'UNESS WHERWF, ?-?? Seller has signed and delivered this ftmu ntrenc can the .4 day of 13Y: I Robyn Hmman TrrLE: Authorized Officer ?t Sub rib--d and swormt tc> i this ;ta} trt ' i.l t. , ?tl. X_ NOTARY PUBLIC 20 . Swartz Lovejoy & Associates LLP - #82082 EH095338 F.XXIMIT D Portfolio File ID: SPC-WAMU Forward Flaw ASSIGNMENT AND BILL OF SALE S&P Capital Investsuats, LTD ("Setter"J, has entered into a Charged-Off Receivables Agreement dated April 3, 2906 ("Agreement'") for the sale of Accounts described in Exhi RB Consulting, LLC ("Purchaser") upon the terms and conditions set forth in that Agreer NOW, THEREFORE, upon taeeil:+t of immediately available and liquid funds, Seller wW vansfafs to Purchaser, its st ssors and assigns, all of Seller's rights, title, and i every one of the Accounts describod in the Agreement. "Accounts" mea» s 2,211 accounts where last known state of the residential in :'National with a face vague of S5t#6@,464.03 Purchaser and Seller agree that the Purchase Price shall be as stated in "Exhibit a". the of the Agteenient. N. WITNESS WHEREOF, Seller has signed and delivered this instrument on the _ day of 2006, ICY--? Neil A Patel TI'T'LE: AtOxitized Officer r? Sub= 'ana 51WO to me before this day o 2006. ? -Y1 a NMrV ptbi4: 8tcata ci Toxg, 7 r " At'/ Apr `ra5ia?i3n ?S 9 t A thereof to M. setts, assigns in each and ss ss ing statement Swartz Lovejoy & Associates LLP - #82082 EH095338 .O.A,t i I f i n c Exm.T 2 NU&UAU TMS B LL OF 3.A us, '0 SS'ONME'fVT AND ASSUMPTION AGRIENONT '`Jp,.,t nb :r 22, 2005 b,-tv e m Ciffinatycial fhc, Y Tads is d as of tea, C-?pp4 Texas 71019 (the "Sella") ,mod S&p C ?? ?o iu? ? at l 1 l l est A p, c F?aY RWOq*' TX 1-SQ;' } ("8uycr,). , Gef? 16p1 WESt Aitpprt FOr vWu,, rmived aW std *4 to at tams and conditions al the ptlit lfm detad;,Wavembct 22, 20((5 hem Buyer cad the SelWn (the -Agman hmbY b'*W&r, an. a$sign , v ty, grant, bargain, set over and 40var to f sucxsuom and assips, tl,: UCOWU desk in ,?ec?.. of the Agr+em. This Bit: of Sate. As3jj,j1c:M anct vrid?pttt ???Pn?+b<tiatfs ox t r, '? A$roetru:at is ace++ueec! w tt 13s includ*' without Urnitation, warm chwiml ;ciat Hy 'w igt tre) 1 ?u y'UNC: kC Adam Ti g: So im V I'm P9residet:t .'tick App ttiv seven do and to $uye %Gaul Mount a44 as to colkctibility; YovMmbar 22, 2W5 BY _14 tSi t e? Name: Tide. ,vZa9:KvOZwspG?V- Swartz Lovejoy & Associates LLP - #82082 EH095338 ?82H2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, LLC, a limited liability co., assignee of Washington Mutual. Finance Plaintiff (s) V. ELIZABETH A. FEIE, an individual Defendant(s) No. 2010 VERIFICATION PENNSYLVANIA m a The undersigned, void Ravin avers that he/she is the Vice FPresl ant of Plaintiff, is authorized to make this verification on behalf of Plaintiff, the statements of fact contained in the attached Complaint are true and correct to the best of his/her information, knowledge and belief, and are made su'ject to the penalties of 18 Pa. Cons. Stat. Ann. Section 4904 relating to unsworn falsification to authorities. VERIFCOM.PLE Date SEP 2 3 20110 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OF CE OF-.._Mrv?:IFF FILED-OFFICE ?, OF THE PROTHONOTARY 2010 DEC -2 PM 3*. 44 CUMBERLAND COUNTY Harvest Credit Management VII vs. Elizabeth A. Feie Case Number 2010-7070 SHERIFF'S RETURN OF SERVICE 11/24/2010 02:15 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 24, 2010 at 1415 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Elizabeth A. Feie, by making known unto herself personally, at 101 N. Prince Street, Apartment 314, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $64.00 November 30, 2010 RYAN BURGETT, SO ANSWERS, RON R ANDERSON, SHERIFF (c) CcuntySuite Sheriff. Ieleosott. Inc- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARVEST CREDIT MANAGEMENT VII, CIVIL DIVISION LLC, a limited liability co., I assignee of Washington Mutual I Finance 1 Plaintiff(s) V. No. 2010-7070 ELIZABETH A. FEIE, an individual I Defendant(s) I I I STIPULATION FOR JUDGMENT I I Code No. I Filed on Behalf of: I I PLAINTIFF I I I I ATTORNEY OF RECORD FOR THIS PARTY I I Louis B. Swartz I I PA. ID # 00242 I I ISWARTZ, LOVEJOY & ASSOCIATES 116th FLOOR LAW AND FINANCE BUILDING (PITTSBURGH, PENNSYLVANIA 15219 I I 1(412) 288-0303 #82082 NOTE: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE q3 lv r- -C> p rn cJ? wc) -A SujQrtZ r #82082 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, LLC, a limited liability co., assignee of Washington Mutual Finance v. ELIZABETH A. FEIE, an individual Plaintiff(s) Defendant(s) No. 2010-7070 STIPULATION FOR JUDGMENT The parties stipulate as follows: 1. Plaintiff commenced this civil action by filing a Complaint stating a claim for $3,108.09 plus interest from July 8, 2010 for sums due on Defendant's Washington Mutual Finance credit card account ending in #3407 and costs (the "Indebtedness"), this account has been assigned to Plaintiff for value. 2. Defendant has offered and Plaintiff has agreed to accept payment of the Indebtedness in monthly installments, each in the amount of $50.00. The defendant shall pay in installments on or before the 15th day of each month beginning December 15, 2010 and every 15th of the month thereafter with interest at 6% per year, provided the payments are made timely in accordance with the terms of this Stipulation. 3. Judgment shall be entered in favor of Plaintiff and against Defendant for the full amount of the Indebtedness as defined above in the sum of $3,108.09 '-..?terest from J12'-NT 8, 2010 and costs (the "Judgment") . 4. So long as Defendant make the said payments timely, time being of the essence, Plaintiff shall not take any further legal action beyond entering judgment on this Stipulation and upon receipt of timely payment of the Indebtedness, interest and costs in full in accordance with the terms of this Stipulation, Plaintiff shall satisfy the Judgment. 5. If Defendant fails to make the agreed payments timely, time being of the essence, Plaintiff may execute on the Judgment upon Praecipe to the Prothonotary for the balance due on the Judgment after credit is given for any payments made by Defendant and Plaintiff may take any other supplemental action on the Judgment as authorized by law and rules of Court. 6. Defendant shall make the said payments to and payable to Louis B Swartz, At o ney for Harvest Credit Management LLC,,71600 Law & Finance . Building Pittsburg A 5219. , d 5 , A lD ?d Louis B. w , squire / ' TE El 'z k. ,-I Feie Defendant /DAT Swartz, L ve Attorney & Associ tes, lai tiff LLP ' 1600 Law & Finance Building Pittsburgh, PA 15219 412/288-0303 #82082 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARVEST CREDIT MANAGEMENT VII, LLC, a limited liability co., assignee of Washington Mutual Finance v. ELIZABETH A. FEIE, an individual Plaintiff(s) Defendant(s) No. 2010-7070 NOTICE OF JUDGMENT TO: ELIZABETH A. FEIE, an individual 101 N. Prince Street, Apt. 314 Shippensburg, PA 17257 You, the above named Defendant(s) take notice that Judgment has been entered with the Court of Common Pleas of CUMBERLAND County, Civil Division in the sum of $ plus costs and Interest. 4 RO H NOTA Louis B. Swartz Attorney for PLAINTIFF SWARTZ, LOVEJOY & ASSOCIATES 16th FLOOR LAW AND FINANCE BUILDING PITTSBURGH, PENNSYLVANIA 15219 (412) 288-0303 NOTE: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE