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Home My WebLink About04-3942Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 CreditOne, LLC, assignee of CITIBANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff V. CIVIL ACTION - LAW STEVE J HYVESSON nn / 137 S HANOVER ST NO. n(4 ^ ty? C tjd ? CARLISLE, PA 17013-3437 Defendant COMPLAINT - CIVIL ACTION NOTICE TO DEFEND AVISO You have been sued in court. If you wish to defend Le ban demando a usted en la cone. Si usted quiere defenderse against the claims set forth in the following pages, de estas demandadas expuestas en las paginas siguentes, usted you must take action within twenty (20) days after tiente veinte (20) dias de plazo al partir de la feeha de la this complaint and notice are served, by entering a denanda y la notification. Hace talta asentar una comparencia written appearance personally or by an attorney and escrita on en persona o con on abogado y entregar a la corte filing in writing with the court your defenses or enfonna escritas sus objectiones a las demandas en contra de objections to the claims set forth against you. You so persona. Sea avisado que si usted no se defende, la corte are warned that if you fail to do so the case may tomara medidas y puede continuar la demands en contra suya proceed without you and a judgment may be entered sin previo aviso o notification. Ademas, Is corte puede decidir against you by the court without further notice for a favor del demandante y requiere que usted cumpla con todas any money claimed in the complaint or for any other las provisioner de esta demanda. Usted puede perdes dinero o claim or relief requested by the plaintiff. You may us propriedadedsu otros derechos importantes pars usted. lose money or property or other rights important to you . LLEVE ESTA DEMANDA A UN ABOGADO YOU SHOULD TAKE THIS PAPER TO YOUR INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO LAWYER AT ONCE. IF YOU DO NOT HAVE A TIENE EL DINERO SUFFICIENTE DE PAGAR TAL LAWYER OR CANNOT AFFORD ONE, GO TO OR SERVICIO, VAYA EN PERSONA O LLAME POR TELEPHONE THE OFFICE SET FORTH BELOW TO TELEFONO A LA OFFICINA CUYA DIRECCION SE FIND OUT WHERE YOU CAN GET LEGAL HELP. ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave ASSOCIACION DE LICENCIADOS DE CUMBERLAND Carlisle, PA 17013 2 Liberty Ave (717) 249-3166 Carlisle, PA 17013s (717) 249-3166 Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 CREDITONE,LLC assignee of CITIBANK 3619 18th St. Metairie, LA 70002 Plaintiff V. STEVE J HYVESSON 137 S HANOVER ST CARLISLE, PA -3437 Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PA No. n4 -.39qol, Qtu?\?-a l COMPLAINT - CIVIL ACTION COUNT ONE The Plaintiff herein is CREDITONE, LLC, assignee of CITIBANK, located at 3619 18th St., Metairie, LA 70002. 2. The Defendant herein is STEVE J HYVESSON, an adult individual located at 137 S HANOVER ST, CARLISLE, PA -3437. 3. Defendant borrowed from CITIBANK the sum of $5975.36 over the course of their cardholder relationship as of 4/13/01 on account #4271382081342822. A true and correct copy of an affidavit of account is attached hereto and marked Exhibit "A". 4. In addition, interest has accrued, and continues to accrue, from 4/13/01, at the minimum rate of 15.95% per annum. Plaintiff is the assignee of CITIBANK, for lawful consideration. 6. Plaintiff has in all respects fulfilled all conditions precedent to its obligations on the contract and for bringing this Complaint for damages. There is no offset known to Plaintiff on the amounts set forth in Paragraphs 3 and 4. 8. Despite repeated demand by Plaintiff, Defendant has refused and continues in failure and refusal to pay Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $5975.36, together with interest at the contract rate of 15.95% per annum commencing in 4/13/01, and costs of this action. COUNT TWO Plaintiff also claims alternatively on the basis of quantum memit or Quasi Contract. 9. Paragraphs 1 through 8 above are incorporated herein by reference as though fully set forth. 10. Plaintiff was neither a volunteer nor an officious intermeddler. 11. Plaintiffs assignor provided said revolving credit. 12. Plaintiff expected payment from the Defendant for said revolving credit in the amount set forth above. 13. The amount claimed is the fair and reasonable market value for said revolving credit. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $5975.36, together with interest at the contract rate of 15.95% per annum commencing in 4/13/01, and costs of this action. Dated: August 6, 2004 BY Ron Z. Opher, Esquire Attorney for Plaintiff STATE OF Louisiana PARISH of Jefferson AFFIDAVIT IN SUPPORT OF COMPLAINT I HEREBY CERTIFY THAT: I, Suzanne Middleton am the Chief Financial Officer of CreditOne, LLC, the Plaintiff herein, and am competent to testify to the matters stated herein, which are made on my personal knowledge: That there is justly due and owing by the Defendant (s) STEVE J HYVESSON, account number 4271382081342822, to the Plaintiff the sum of 5975.36 with interest at 15.95% per annum from 4/13/2001 until paid in full. That the action is based upon a consumer credit agreement executed by defendant with plaintiffs assignor, CITIBANK wherein defendant agreed to pay all amounts charged to said account and that the plaintiff purchased this account from the assignor herein and was assigned all rights and obligations as set forth in the accompanying documents and statements. That the Plaintiff has credited any payments received from the Defendant(s) on thi: account to the balance owed, and the amounts above stated reflect any payments made to date. Plaintiff and/or its predecessor in interest stated an account to defendant by sending monthly statements to the defendant, thereby constituting a written account stated. That the Plaintiff keeps regular books of account and that the keeping of said books of account is in the charge of/or under the supervision of the affiant. The entries in said books of account are made in the ordinary course of business. To the best of my knowledge the Defendant is not now in the military service, as defined in the Soldier's and Sailor's Civil Relief Act of 1940 with amendments, nor has been in such service within thirty days hereof. I do solemnly declare and affirm under the penalties of perjury that the matters set forth above are true and correct to the best of my knowledge. Date: Shanne Middleton, CFO I HEREBY CERTIFY that on 7/ 1 /0 7 , before me, the subscriber, a Notary Public in and for the Parish aforesaid, personally appeared th above st d affiant, and made oath in due form of law. 1 Bo evy PA No Expiration on Commission " ??^I VERIFICATION I, Ron Z. Opher, Esquire , hereby state: I am the attorney for the plaintiff in this action, and I sign this Verification stating that Plaintiff is out of the jurisdiction of the Commonwealth; 2. I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief; and 3. I understand that the statements in said Complaint are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Dated: By: A ZIP Ron Z. Opher, Esquire d '`2 cJ c SHERIFF'S RETURN - REGULAR CASE NO: 2004-03942 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CREDITONE LLC VS HYVESSON STEVE J LARRY ZEIGLER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HYVESSON STEVE J DEFENDANT , at 1140:00 HOURS, on the 12th day of August the 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to STEVE J. HYVESSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this 1,4* day of ?0UyK A. D. 0 2 n. J,4W Prothonotary So Answers: -? R. Tho" mas Kline 08/12/2004 RON OPHER By: (Deputy-`b riff Ron Z. Opher, Esquire Attorney for Plaintiff Attorney # 57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 CreditOne, LLC Plaintiff IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PA CIVIL ACTION - LAW V. STEVE J HYVESSON 137 S HANOVER ST CARLISLE, PA 17013-3437 Defendant NO. 04-3942 STIPULATION FOR JUDGMENT The parties, by and through their undersigned representatives, do hereby stipulate that they have agreed to a settlement of the above-captioned matter, as follows: Defendant STEVE J HYVESSON agrees that CreditOne, LLC may enter Judgment against Defendant for the full measure of damages sought against Defendant in the Complaint, but must refrain from executing as long as Defendant pays $500.00 by August 31, 2004, then a minimum of $200.00 per month on or before the 25TH day of each consecutive succeeding month thereafter, until a total of $5,975.36 is paid. Once $5,975.36 is paid in a timely manner as set forth herein, Plaintiff agrees to mark the Judgment in this case "Satisfied". DATED: !-? ?T c SON Defendant Pro Se STIPJUDGMENT2 -Diff page 2 DATED: 44?. Zo Z,Q,L,, BY: Ron Z. Opher, Esquire Attorney for Plaintiff Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 CreditOne, LLC Plaintiff V. STEVE J HYVESSON 137 S HANOVER ST CARLISLE, PA 17013-3437 Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PA CIVIL ACTION - LAW NO. 04-3942 PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark the judgment in the above-captioned matter satisfied. BY: Ron Z. Opher, Esquire Attorney for Plaintiff DATED: ? ?l? 1??6 SU O_ C`a Ut -r. -ba 00 8 .d r3 Z>