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Home My WebLink About11-4341 2094821 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF 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 Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of Bank of America/FIA Card Services, N.A. 7 Skyline Drive Hawthorne, NY 10532 VS. STEVE E WESTHAFER 71 SILVER CROWN DR MECHANICSBURG PA 17050-1638 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. l3 cry '_" ? € CD C5 -n C `y 1 .. 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 S a%+ 't qa oo W)n I 9 s9 ??S •r 4 a 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 "A". 5. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due as of April 4, 2011 in the amount of $6,827.47. 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. V . Defendant's last payment on account was made on 9/30/09. WHEREFORE, plaintiff claims of the defendant(s) the sum of $6,827.47 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EIN ERG, ESQUIRE JOEL M. FLIN SQUIRE Attorney for Plaintiff P01A.DB t VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that she is an authorized agent of Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of Bank of America/FIA Card Services, N.A. , plaintiff herein and that she is duly authorized to make this Verification, and that the facts set forth in the Complaint in t vil action are true and correct to the best of her kno 1 dge o m ion and belied. STEPHANIE CAPPELLI Date: EXHIBIT "A" 2094821 13704626 Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of Bank of America/FIA Card Services, N.A. STEVE E WESTHAFER 5490990823866221 AFFIDAVIT 1. I, STEPHANIE CAPPELLI, being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I am the custodian of the records relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case based on my review of the file; 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. After allowing for all offsets and credits, a balance remains on the subject account having account number 5490990823866221in the amount of $6,827.47; and 6. If called upon, stated herein. The above facts ar? t information and belief. STEPH Sworn to and Subscred before ?neAthiA ? day can testify at trial as to the facts nd co$ry ?-,.to the best of my knowledge, LLI,- LEGAL ADMINISTRATOR of 2 rL, LumumOUNAL ;?MWZ?V( Notary Public State of NOWYOrh /NA,? Public O•01bA50P3$O i in Rockland Coun f.6. MyConlln"6r, exaWac Wmr.h 2r/ H LED-OFFICE' F THE PRO T H,0N0 T-s.l 2011 JUN 10 Ply 1: 3 B UCUMBERLAND COUNI 'r `PENNSYLVANIA Cavalry Portfolio Services LLC as assignee of Cavalry SPV I, LLC as assignee of Bank of America /FIA Card Services, N.A. 7 Skyline Drive Hawthorne, NY 10532 Plaintiff vs. Steve E Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17050-1638 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-4341 CIVIL ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the Defendant, in the above matter. 7 ae S. Travis 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 mst0mtravislaw.com Attorney for Defendant Date: r ' D D) ? Michael S. Travis ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 mst@ mtravislaw Attorney for Defendant t- s'LED-OFFIC- CJ TALI- 2 ! ! JU, 10 PM ! : 3 CUMBERLAND COUN PENNSYLVANIA Cavalry Portfolio Services LLC as assignee of Cavalry SPV I, LLC as assignee of Bank of America /FIA Card Services, N.A. 7 Skyline Drive Hawthorne, NY 10532 Plaintiff vs. Steve E Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17050-1638 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-4341 CIVIL ) ANSWER TO COMPLAINT IN CIVIL - ACTION NOW COMES, the Defendant, Steve E. Westhafer, by and through the office of the below signed counsel, who answers the Complaint as follows: 1. Denied. Defendant is without information to admit or deny this averment, and the same is denied. 2-3. Admitted. 4. Admitted in part, denied in part. It is admitted that the Defendant used an account bearing the number at issue. It is denied that the "Statement of Account or Affidavit of Account" attached as Exhibit A, is a correct reflection of goods and services used on the account at issue. 5. Denied. It is specifically denied that all the credits have been applied and that a balance of $6,827.47 remains due as of April 4, 2011. Strict proof of the account balance is demanded at the time of trial. 6. Admitted in part, denied in part. It is admitted that Plaintiff has made demand. It is denied that Defendant has failed to offer terms to pay the amount proven due on the account he opened. 7. Denied. Defendant is without information to admit or deny this averment, and the same is denied. WHEREFORE, Defendant prays this Honorable Court to enter judgment in favor of Defendant and dismiss the complaint. NEW MATTER AFFIRMATIVE DEFENSES 8. Defendant incorporates the answers in Paragraphs 1-7 as if set forth in full. 9. Plaintiff has failed to establish ownership of this loan claimed to be assigned from Bank of America, and or FIA Card services. 10. Plaintiff claims to own the rights to collect this debt. It is believed and therefore averred that Plaintiff purchased this debt from the original owner at a fraction of the amount demanded, Plaintiff is unjustly enriched should it receive the full amount claimed due. 11. Plaintiff claims the right to collect this debt at an interest rate that is unconscionable. The interest rate claimed shocks the conscious of the Court. WHEREFORE, Defendant prays this Honorable ourt to enter judgment in favor of Defendant and dismiss the complaint, o such other relief as the Court deems just and proper. ichae . Travis 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 mst@mtravislaw.com Attorney for Defendant Cavalry Portfolio Services LLC as assignee of Cavalry SPV I, LLC as assignee of Bank of America /FIA Card Services, N.A. 7 Skyline Drive Hawthorne, NY 10532 Plaintiff vs. Steve E Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17050-1638 ) IN THE COURT OF COMMON PLEAS ) CUMBERLAND COUNTY, PENNSYLVANIA No. 11-4341 CIVIL VERIFICATION The statements made in this Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Sect. 4904 relating to unsworn falsification to authorities. 4 Steve E. Westhafer Cavalry Portfolio Services LLC as assignee of Cavalry SPV I, LLC as assignee of Bank of America /FIA Card Services, N.A. 7 Skyline Drive Hawthorne, NY 10532 Plaintiff vs. Steve E Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17050-1638 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-4341 CIVIL CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the below persons by first class U.S. Mail, postage prepaid: Cavarly Portfolio Services Frederic I. Weinberg, Esquire Joel M. Flink, Esquire Gordon & Weinberg, P.C. 1001 E. Hector Street Suite 220 Conshohocken, PA 19428 Michael S. Travis 3904 Trindle Road Camp Hill, PA 17011 Attorney for Defendant 2094821 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 Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of Bank of America/FIA Card Services, N.A. VS. STEVE E WESTHAFER F [HE YLPROTHONGTAf ',- ZO I I JUN 22 AN I0. 4 9 CUMBERLAND COUNT' PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-4341-CIVIL PLAINTIFF'S REPLY TO NEW MATTER 8. Plaintiff incorporates herein by reference all the allegations contained in its complaint as fully as though each were here set forth at length. 9-11. Denied. These averments are conclusions of law which require no response under the applicable Rules of Civil Procedure. However, these averments are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff demands damages against the defendant as set forth in plaintiff's Complaint. GORDON & WEINBERG, BY: FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P014 VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action and verifies that the statements made in the foregoing pleadings are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. WE , ESQUIRE CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Reply to New Matter, via First: Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I. WEINBERG, ESQUIRE Dated: LPYD 'k? CORDON 2y WEINBERG, P.C. BY: FRF~DERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FUNK, ESQUIRE Identification No.: 81894 100".~ E. Iectcr Street, Ste 220 ConsY,_oho~ken, PA 19928 484/ ~~5i--0500 Cava'~ry Portfolio Services, LLC as assic~r:ee of Cavalry SPV I, LLC as assignee of Bank oy- Amer._cai~IA Card Services,. N.A. 'J S . STEVE E WESTHAFER ;209.4821 j ~,~~ ~l i ~' ~F?i COURT OF COMMON PLEAS CUMBERLANL) COUNTY DOCKET N0. 11-434'-~IVIL SUGGESTION OF BANKRUPTCY OF DEFENDANT TC Ti~E PROTHONOTARY AND NOW, this 260ct12, it is suggested of record that Defendant, STEVE E WESTHAFER, filed a petition in bankruptcy under Chapter 13 of the 3ankruptcy Code on or about October 17, 2012, in the United States Bankrupt _y Court for the Middle District of Pennsylvania,. docket number "1:12-bk-06125-M. 'Therefore, this mater should bE:: _tayed until further notice. CORDON & WEINBERG, P.C. ERG, ESQU:CR.E QUIRE ntiff rr~ BY: FREDE IC I,i WEINB JOEL M. F,~INK, ES Atto n for P.1ai