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Home My WebLink About11-42542108775 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 HARVEST CREDIT MANAGEMENT VII, LLC ASSIGNEE OF BANK OF AMERICA 1580 Lincoln Street STE 600 Denver CO 80203 vs. MICHEAL R WILSON 101 MOUNTAIN LN ENOLA PA 17025 ASSESSMENT OF c ..:? ?" w rD > .. ? Frl COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. /(, NOTICE 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 (717) 249-3166 D ?` aS9oo? 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)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 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 "All. 5. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due as of May 4, 2011 in the amount of $22,676.37. 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 6/29/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $22,676.37 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINB RG, ESQUIRE JOEL M. FL NK, QUIRE Attorney f aintiff P01A.DB 1 ' 2108775 EH193755 HARVEST CREDIT MANAGEMENT VII, LLC ASSIGNEE OF BANK OF AMERICA MICHEAL R WILSON 4888890016677091 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. EXHIBIT "A" 1982 MICHEAL R WILSON 4888890016677091 2108775 EH193755 HARVEST CREDIT MANAGEMENT VII, LLC ASSIGNEE OF SANK OF AMERICA AFFIDAVIT I, David Raven _,being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. There is now due and owing from defendant to plaintiff, the amount of $11,328.89 plus interest of $10,868.56 at the rate of 31.49% less credits in the amount of $.00 totaling $22,197.45 as of March 16, 2011. 6. 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. AFFIANIf Sworn to and Subscribed before me thi day Y APR 12 ?Z011-- of 2011 ,u ••.,, otary Public •.z , APR 1 3 2015 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff G " OFFICE OF THE $1,ERIFF HLED-OFFICE (IF THE Jody S Smith Chief Deputy Richard W Stewart Solicitor Harvest Credit Management VII vs. Michael R. Wilson 2011 JUN - aM 8* 28 GU PEHNSYOYAN'A , Case Number 2011-4254 SHERIFF'S RETURN OF SERVICE 05/24/2011 09:10 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 24, 2011 at 2110 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael R. Wilson, by making known unto himself personally, at 101 Mountain Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.00 May 25, 2011 ROB kBIER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (e Cou!ltySUite Sherd. ieleosoft 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 210877LFD-OFFICE THE PROTHONOTARY 2011 JUL I I PH 2: 44 CUMBERLAND COUNTY ;PENNSYLVANIA HARVEST CREDIT MANAGEMENT VII, LLC ASSIGNEE OF BANK OF AMERICA VS. MICHEAL R WILSON COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-4254 CIVIL PRRECIPE FOR ENTRY OF JODGN TT FOR PANT OF AN ANSWZR 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 $22,676.37 Less: Payments on Account ( $.00) Total: $22,676.37 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: HARVEST CREDIT MANAGEMENT VII,LLC ASSIGNEE OF BANK OF AMERICA and that the last known address of defendant, MICHEAL R WILSON, 101 MOUNTAIN LN, ENOLA PA 17025. 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. 3. The said defendant(s) service of the United States or the Soldiers and Sailors Civil years of age. is (are) not in the military otherwise within the coverage of Relief Act and is (are) over 18 % 14. 06 1:52 S11 e! LPA AND NOW, this day of 2011 Judgment is entered in favor of the laintiff s and a ai st defendan b p ( ) g ) Y default for want of an answer and dama s a essCt!"?t the su f , $22,676.37 as per the above certificat' n. I? Prothonotar GORDON & WEINBERG, P BY: FREDERIC I WE BERG, ESQUIRE JOEL M. FL PM(-, ESQUIRE Attorney for Plaintiff 2108775 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 HARVEST CREDIT MANAGEMENT VII, LLC ASSIGNEE OF BANK OF AMERICA VS. MICHEAL R WILSON 101 MOUNTAIN LN ENOLA PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO NOTICE 11-4254 CIVIL 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. /X/ Judgment by Default $22,676.37 " Money Judgment $ L-L Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOE . F K, IRES A IS TELEPHONE NUMBER: 484/351-0500 w 11 ?( It PROTHONOTARY 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 2108775 HARVEST CREDIT MANAGEMENT VII, LLC ASSIGNEE OF BANK OF AMERICA VS. MICHEAL R WILSON TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-4254 CIVIL NOTICE OF INTENTION TO TAKE DEFAULT MICHEAL R WILSON 101 MOUNTAIN LN ENOLA PA 17025 DATE OF NOTICE/FECHA DEL AVISO: June 14, 2011 IMPORTANT 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. iBY: FREDERIC W BERG, ESQUIRE JOEL M. F NK, ESQUIRE P10D-2