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HomeMy WebLinkAbout11-54492106048 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.: 41.200 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 Chase / Washington Mutual 500 Summit Lake Dr., Ste. Valhalla, NY 10595--134 vs. BRIAN HAIR 1328 PINE RD TRLR 6 CARLISLE PA 17015-7928 COURT OF COMMON PLEAS CUMBERLAND COUNTY C') C o _ C ItIM DOCKET NO. A II Ysyy? C-q o° r ?cr- ac-s ° o-n ?o Fi t-n a 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, 17013 S? ('117) 249-3166 6t '06? 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 6, 2011 in the amount of $1,918.55. 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. A 7.' Defendant's last payment on account was made on 5/2/2008. WHEREFORE, plaintiff claims of the defendant (s) the sum of $1,918.55 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. Bv: FREDERIC W NBERG, ESQUIRE JOEL M. FL K, 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 Chase / Washington Mutual , 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, informa ' ?d ST-______.__ ?PPELLI Date. EXHIBIT "A" 2106048 14099401 Cavalry Portfolio Services, LLC; as assignee of Cavalry SPV I, LLC as assignee of Chase / Washington Mutual BRIAN HAIR 4185864694609197 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 4185864694609197in the amount of: $1,918.55; and 6. If called upon, affiant can testify at trial as to the facts stated herein. The above facts are ru rr? ect to he-b?of my knowledge, information and belief. STEPHANIE CAPPELLI, LEGAL ADMINISTRATOR Sworn to and Subscribed before my) this A day !.Oafs Dardlgnao Notary PuNka, Este of NewYok N0.01DA8067380 Ouudled in Roddand County Commission Fires march 25, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFICL wrxL'' :r.,t,t r o { Jody S Smith THE PROT !OV 1 Rt ' Chief Deputy - 2011 JUL {3 I'M 2: 08 Richard W Stewart Solicitor "r CUMBERLAND =?0G" C` PENNSYLVANIA Cavalry Portfolio Services, LLC vs. Case Number Brian Hair 2011-5449 SHERIFF'S RETURN OF SERVICE 07/08/2011 07:16 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2011 at 1916 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Brian Hair, by making known unto himself personally, at 1328 Pine Road, Trailer 6, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. sii UTSHALL, DEPUTY SHERIFF COST: $34.00 July 11, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ro) Cq?u;<{g,,ite Sner rcY Te?ensofl Inr 2106048 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 r =# 484/351-0500 -i M CO :9- -i Cavalry Portfolio Services, COURT OF COMMON PLEAS < LLC as assignee of Cavalry SPV CUMBERLAND COUNTY I, LLC as assignee of Chase Washington Mutual Cz r<a 5, VS. DOCKET NO. 11-5449-CIVIL BRIAN HAIR PRAECIPE FOR ENTRY OF JUDGMENT FOR NANT OF AN ANSWZR, ASSESSMLNT 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 $1918.55 Less: Payments on Account ( $.00) Total: $1,918.55 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 Chase / Washington Mutual and that the last known address of 414'00 pArl'X'T)f defendant, BRIAN HAIR, 1328 PINE RD TRLR 6, CARLISLE PA 17015-7928. Cy??`t 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) 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. AND NOW, this day of , 2011 Judgment is entered in favor of the plaintiff(s) and ag 'nst defendant(s) by default for want of an answer and damages assessed at the sum of , $1,918.55 as per the above certificatima. Prothonotary GORDON & WEINBERG, C. BY: FREDERIC EINBERG, ESQUIRE JOEL M. F NK, ESQUIRE Attorney for Plaintiff 2106048 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 Chase / Washington Mutual COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. BRIAN HAIR 1328 PINE RD TRLR 6 CARLISLE PA 17015-7928 DOCKET NO. : 11-5449-CIVIL NOTICE 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. LXL Judgment by Default $1,828.38 L_L 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 JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 W& _ w PROTH CS:` %=w*--= 811-6/11 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 Chase / Washington Mutual vs. BRIAN HAIR TO/PARA 2106048 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-5449-CIVIL NOTICE OF INTENTION TO TAKE DEFAULT BRIAN HAIR 1328 PINE RD TRLR 6 CARLISLE PA 17015-7928 DATE OF NOTICE/FECHA DEL AVISO: July 29, 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. BY: FREDERIC I. EINBB G, ESQUIRE JOEL M. FLINK, ESQUIRE P10D-2 2106048 GORDON & WEINBERG, P.C. A, BY: FREDERIC I. WEINBERG, ESQUIRE ;" ,' '' f Identification No. : 41360 JOEL M. FLINK, ESQUIRE 2013 MAR Identification No. : 41200 �� PH 3. 19 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 CUN'.r* N(} 484/351-0500 [, ,WJ Cavalry Portfolio Services, LLC COURT OF COMMON PLEAS as assignee of Cavalry SPV I, CUMBERLAND COUNTY LLC as assignee of Chase / Washington Mutual 500 Summit Lake Dr. , Ste. Valhalla, NY 10595--134 VS. DOCKET NO. 11-5449-CIVIL BRIAN HAIR 1328 PINE RD TRLR 6 CARLISLE PA 17015-7928 and PNC Bank : 105 Noble Blvd. Carlisle, PA 17013 GARNISHEE PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, ' directed to the Sheriff of Cumberland County; (1) against BRIAN HAIR defendant (s) and (2) against PNC Bank garnishee (s) (3) AMOUNT DUE $1, 918.55 INTEREST from August 15, 2011 $164 . 63 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account ( $ . 00) TOTAL 3� O k �a' FREDERIC I . WEINBERG, ESQUIRE R a a $•SO LLB JOEL M. FLINK, ESQUIRE Attorney for Plaintiff f� 98-)9Sl �I f��' �� SSr•�ec� WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-5449 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due CAVALRY PORTFOLIO SERVICES,LLC AS ASSIGNEE OF CAVALRY SPV 1,LLC AS ASSIGNEE OF CHASE/WASHINGTON MUTUAL Plaintiff(s) From BRIAN HAIR,1328 PINE ROAD TRLR 6,CARLISLE,PA 17013 (I) You are directed to levy upon the property of the defendant(s)and to sell (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: PNC BANK, 105 NOBLE BLVD.,CARLISLE,PA 17013 and to notify the garnishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$1,918.55 L.L.$.50 Interest FROM AUGUST 15,2011 -$164.63 Atty's Comm % Due Prothy$2.25 Atty Paid $169.00 Other Costs Plaintiff Paid Date:MARCH 18,2013 David D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: FREDERIC I.WEINBERG,ESQUIRE Address: GORDON& WEINBERG,P.C. 1001 E.HECTOR STREET,SUITE 220 CONSHOHOCKEN,PA 19428 Attorney for:PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No.41360 F THE T11� � 2iO�oas KO?'�RY GORDON & WEINBERG, P.C. 2013 APR 12 PM 2-- 1 BY. FREDERIC I . WEINBERG, ESQUIRE �MB Identification No. : 41360 PENN YL I NTY JOEL M. FLINK, ESQUIRE IA Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 4841351-0500 Cavalry Portfolio Services, COURT OF COMMON PLEAS LLC as assignee of Cavalry SPV CUMBERLAND COUNTY I, LLC as assignee of Chase I Washington Mutual VS. DOCKET NO. : 11-5449-CIVIL BRIAN HAIR and PNC Bank Garnishee PRAECIPE TO DISSOLVE ATTACMaXT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant' s bank account with PNC Bank, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FREDERIC I . EINB G, ESQUIRE JOEL M. FLIN SQUIRE Attorney for Plaintiff Poll 6 I'll LL SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson o. e 'a Sheriff i` ! ,'F�0 f H6 i H 0 t" f,x ��xti�xr of t.aalaGr��,r��� Jody S Smith ?0I3 SEP 26 Pik 2= Sj 0 Chief Deputy f _ , Richard W Stewart i`:'UMBER LAHD C0Wi T Y Solicitor Orr PENNS t'LVAMA Cavalry Portfolio Services, LLC, as assignee of Cavalry SPV I, LLC, as Case Number vs. 2011-5449 Brian Hair SHERIFF'S RETURN OF SERVICE 03/28/2013 03:22 PM -William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Tyler Negley,Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on April 2, 2013 to Brian Hair at 1328 Pine Road, Trlr 6, Carlisle, PA 17015-7928. 09/25/2013 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $88.40 SO ANSWERS, September 25, 2013 RbNW R ANDERSON, SHERIFF 93> �P (c)CountySuite Sheriff,Teleosoft.;inc.