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HomeMy WebLinkAbout11-43452094805 `? - THIS IS AN ARBITRATION MATTER. ASSESSMgy Olt- HEARING REQUIRED. DAMAGES GORDON & WEINBERG P.C. is BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 ?- c'y - r> JOEL M. FLINK, ESQUIRE CD c.a Identification No.: 41200 1001 E. Hector Street, Ste 220 C: 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 11-4 '.>1 J C?n? ASHRAF A MUSLEH 3502 BEECH RUN LN MECHANICSBURG PA 17050-2206 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 (ate a0}sgae6pda#? d kAl 147911 V- 4a59a3$ 1 t 1 1 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 $1,279.16. 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. 1 7. Defendant's last payment on account was made on 4/16/09. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,279.16 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W BERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A.DB 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 thi evil ction are true and correct to the best of her kno e ihformat'o and belied. STEPHAN ()WH Date: EXHIBIT "A" 2094805 13657505 Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of Bank of America/FIA Card Services, N.A. Sworn to and Subscr3}jed e ?? ASHRAF A MUSLEH 4888936077301871 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 4888936077301871in the amount of $1,279.16; and 6. If called upon, affiant c tify at trial as to the facts stated herein. The above facts are true an orr J?tkthe pest of my knowledge, information and belief. ` STEPHANIE CAPPELLI, LEGAL ADMINISTRATOR befor m t 's / day of 2 11 LUM UARUIUNAL No?atyPub0Ro?ddand Nt" N tar ublic in r 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 F a-ED-Omegqu Tt? PROTHONOTARY 2011 ja - 8 Pm 2, 16 c,uCBE RLY Q AN UNTY Cavalry Portfolio Services, COURT OF COMMON PLEAS LLC as assignee of Cavalry SPV CUMBERLAND COUNTY I, LLC as assignee of Bank of America/FIA Card Services, N.A. VS. ASHRAF A MUSLEH DOCKET NO. : 11-4345 CIVIL PRAECIPE FOR ENTRY OF JUDGMENT 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 $1,279.16 Less: Payments on Account ( $.00) Total: $1,279.16 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: Cavalry Portfolio Services,LLC as assignee of Cavalry SPV I, LLC as assignee of Bank of America/FIA CardServices, N.A. and that the last known address of defendant, ASHRAF A MUSLEH, 3502 BEECH RUN LN, MECHANICSBURG PA 17050-2206. 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. a??%1q.ooFd 41? (wk f* ( 59;l ys et d (t isn 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. I AND NOW, this - day of _ v Ul 2011 Judgment is entered in favor of the plaintiff(s) and a ainst defend nt(s) by default for want of an answer and ages ass d at th um of , $1,279.16 as per the above certific ion. 1 JJJ Prothono GORDON & WEINBERG, P.C. BY: FREDERIC I. EIN RG, ESQUIRE JOEL M. FLIN , SQUIRE Attorney for Plaintiff 2094805 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. ASHRAF A MUSLEH 3502 BEECH RUN LN MECHANICSBURG PA 17050-2206 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-4345 CIVIL NOTICE Pursuant to Pa.R.Civ.P. you are hereby notified you in the above procee, L-Z 236 of the Supreme Court of Pennsylvania, that a judgment has been entered against ling as indicated below. Judgment by Default $1,279.16 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 ,.? PROTHONOTARY r.. 0 00? 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 2094805 Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of Bank of America/FIA Card Services, N.A. vs. ASHRAF A MUSLEH TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-4345 CIVIL NOTICE OF INTENTION TO TAKE DEFAULT ASHRAF A MUSLEH 3502 BEECH RUN LN MECHANICSBURG PA 17050-2206 DATE OF NOTICE/FECHA DEL AVISO: June 8, 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. l+ BY FREDERIC I?INBERG, ESQUIRE P10D-2 JOEL M.rF K, ESQUIRE