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HomeMy WebLinkAbout11-54462101826 THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOE M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 ASSESSMENT OF Cavalry Portfolio Services, LLC COURT OF COMMON PLEAS as assignee of Cavalry SPV I, CUMBERLAND COUNTY LLC as assignee of Wells Fargo Bank, N.A. 500 Summit Lake Dr., Ste. Valhalla, NY 10595--134 VS. SUSAN K 130WER 1007 SHEFFIELD MECHANICSBURG AVE PA 17055-5748 DOCKET NO. : I I- sc/q( :;0 r- Znr ? ? cn . D C7 s Co CD Civ?l 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 c? s rn rn 0 ?rn C :)-n =Z5 o rn D r C'5) ?d a as %9,9.60 Ck, if 150 3 5 f0d aUI 35S 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 May 5, 2011 in the amount of $7,264.00. 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. r 7. Defendant's last payment on account was made on 10/16/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $7,264.00 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W INB G, ESQUIRE JOEL M. FLIN QUIRE 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 Wells Fargo Bank, N.A. , plaintiff herein and that she is duly authorized to make this Verification, and that the facts set forth in the Complaint in this civil action are true and correct to the best of her knowledge, f= Date: ' Z--? EXHIBIT "A" 1 2101826 13944655 Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of Wells Fargo Bank, N.A. SUSAN K BOWER 4071100007682713 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 4071100007682713in the amount of $7,264.00; and 6. If called upon, affiant can testify at trial as to the facts stated herein. The above facts are t,? and c information and belief. st of my knowledge, STEPHANIE LLI, LEGAL ADMINISTRATOR Sworn to and Subsced before this day of 2200 ., Wu J1IKUWNNI. N; ar lic i2W 7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor .? d E pf ' I r?^ 7 1 ! 7 0t / 71 ! }! Cel?6i&F PENNSYLVANIA Cavalry Portfolio Services, LLC Case Number vs. Susan K. Bower 2011-5446 SHERIFF'S RETURN OF SERVICE 08/03/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Susan K. Bower, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Susan K. Bower. Request for service at 1007 Sheffield Avenue, Mechanicsburg, Pennsylvania 17055 the Defendant was not found. The Mechancisburg Postmaster has confirmed, Susan K. Bower has moved and left no forwarding address. SHERIFF COST: $43.00 SO ANSWERS, August 03, 2011 RbNO"Y R ANDERSON, SHERIFF Prothonotag Office ofthe -^«th~nOt-7y County,��/���_ Pennsylvania -~rk-.--'-o`-~Q Solicitor ""13111-fic=o CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TN DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH BY THE COURT, DAVID D. BUELL