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HomeMy WebLinkAbout11-5450 2106684 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 Chase / Washington Mutual 500 Summit Lake Dr., Ste. Valhalla, NY 10595--134 vs. PRUDENCE DINGES 802 BALTIMORE PIKE GARDNERS PA 17324-9005 Gi V, C ° 'i1 rnw C- --i = -n rn- 2m C r- r- -orn -4CD F A n 20 CD q c`) A C -? ?fr1 j 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 ad / so?96 0 ? c?-6 /,3 4 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 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)tae 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 $15,194.80. 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 las-- payment on account was made on 7/14/2008. WHEREFORE, plaintiff_ claims of the defendant (s) the surn of $15,194.80 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 .0 1 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorit=ies, 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, informat' belt STEAAWiiq? PELL Date: I ICA `1 EXHIBIT "A" 2106684 14095975 Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC; as assignee of Chase / Washington Mutual PRUDENCE DINGES 4185559320264611 T "-I TIT C T TT 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 4185559320264611in the amount of $15,194.80; and 6. If called upon, affiant can t? ify at trial as to the facts stated herein. The above facts are true f coo t?e?\:(I \of my knowledge, information and belief. /?d 1 STEPHANIE CAP=LLI, REGAL ADMINISTRATOR Sworn to and Subscribed before menthis 1 T? ay of ,,,20 1)J8 -:a,ifgnac- 'Votary P11NC ";rate of NerwYork ? ualEfieo 4r HO' land Gtumfy? r: omr"WiOp LVlrU= Mara" 25, 20/ ota'Nev" Publi SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson I" ILED-O RCE Sheriff of "uai;b(Vii; THE PR0?3HONOTAR'T rf7?3 Jody S Smith Chief Deputy 2011 JUL 13 PM 2' 08 Richard W Stewart CCUMBERLAND COUI°IT`I` Solicitor PENNSYLVANIA, Cavalry Portfolio Services, LLC Case Number vs. 2011-5450 Prudence E. Dinges SHERIFF'S RETURN OF SERVICE 07/08/2011 06:31 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2011 at 1831 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Prudence E. Dinges, by making known unto herself personally, at 802 Baltimore Pike, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to her personally the said true and correct copy of the same. GU SHALL, DEPUTY SHERIFF COST: $39.00 July 11, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF :: ft. r K,;'soll I;?". GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE 2106684 Identification No.: 41360 c-,) Cn JOEL M. FLINK, ESQUIRE Z r" `.' --TI Identification No.: 81894 r ai q Z 1001 E. Hector Street, Ste 220 ,r= Conshohocken, PA 19428 `" - r 484/351-0500 ?-n Cavalry Portfolio Services, COURT OF COMMON PLEAS V ' LLC as assignee of Cavalry SPV CUMBERLAND COUNTY _ I, LLC as assignee of Chase / Washington Mutual VS. PRUDENCE DINGES DOCKET NO. : 11-5450 CIVIL PRAECIPE FOR ENTRY OF JMGMMT FOR WANT OF AN ANSWER 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 $15,194.80 Less: Payments on Account ( $.00) Total: $15,194.80 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 4N.00 PO ATty defendant, PRUDENCE DINGES, 802 BALTIMORE PIKE, GARDNERS PA 6V/'550(055 17324-9005. PL,7&30!? 2. The annexed notice(s) of intention to file this ?0+° MGLt.xj 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 Is+k day of 2011 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and dalVges assessed at the su of , $15,194.80 as per the above certificaAion ? OM!'\ Prothonot GORDON & WEIN?-E-RRGG,, BY:? f FREDERIC I?_ WINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 2106684 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. PRUDENCE DINGES 802 BALTIMORE PIKE GARDNERS PA 17324-9005 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-5450 CIVIL NOTICE Pursuant to Pa.R.Civ.P. you are hereby notified you in the above procee, LX-L L-Z 236 of the Supreme Court of Pennsylvania, that a judgment has been entered against ding as indicated below. Judgment by Default $15,194.80 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 JO M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 PROTHO Y 2106684 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. PRUDENCE DINGES TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-5450 CIVIL NOTICE OF INTENTION TO TAKE DEFAULT PRUDENCE DINGES 802 BALTIMORE PIKE GARDNERS PA 17324-9005 DATE OF NOTICE/FECHA DEL AVISO: July 29, 2011 IIIPORTANT 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 W NBERG, ESQUIRE JOEL M. FL ESQUIRE P10D-2 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-5450 Civil 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 I, LLC AS ASSIGNEE OF CHASE/WASHINGTON MUTUAL Plaintiff (s) From PRUDENCE DINGES, 802 BALTIMORE PIKE, GARDNERS, PA 17324-9005 (1) 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: M&T BANK, 1 WEST HIGH STREET, 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$15,194.80 Interest from August 15, 2011 - $82.42 Atty's Comm % Atty Paid $172.00 Plaintiff Paid Date: OCTOBER 21, 2011 L.L. $.50 Due Prothy $2.00 Other Costs (Seal) 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 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 defendant(s)and "i! E0--0 26t I OCT 21 AM I I : ?") MBEi:tEi?I IEI col-lN.I PENNS"LV NIA 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. PRUDENCE DINGES 802 BALTIMORE PIKE GARDNERS PA 17324-9005 and M&T Bank 1 West High Street Carlisle, PA 17013 GARNISHEE garnishee(s) 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 PRUDENCE DINGES (2) against MST Barak (3) AMOUNT DUE INTEREST from August. 15, 2011 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account Q TOTAL zY. to A S%co r-& F cl. ?. Oo ct n ? ?, OU a ct i'.2.,06 9 co 4,1,- eK--k 1s4-7.t7 Rte- aZ [.4.Z ,f3 2106684 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-5450 CIVIL $15,194.80 $82.42 $24.50 150.00 ( $.00) $15,451.72 FREDERIC I INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY .nderson THE -,,Rr ?tr* N0.111, ifk ' , 3 Smith _ ZtddZ ;f Deputy MAY -3 PM 2: d .ichard W Stewart CUMBERLAND pouN-11* ?' Solicitor "ERIFF PENNSYLVANIA Cavalry Portfolio Services, LLC, as assignee of Cavalry SPV I, LLC, as Case Number vs. Prudence E. Dinges 2011-5450 SHERIFF'S RETURN OF SERVICE 10/26/2011 11:56 AM - 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, M & T Bank at 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to JOAN CROWL, TELLER, personally 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 October 27, 2011 to Prudence Dinges at 802 Baltimore Pike, Gardners, Carlisle, PA 17324-9005. 05/03/2012 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: $94.25 May 03, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Do0 -6?), e 5?4 7/'?o 2106684 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 500 Summit Lake Dr., Ste. Valhalla, NY 10595--134 vs. PRUDENCE DINGES 802 BALTIMORE PIKE GARDNERS PA 17324-9005 and M&T Bank 1 West High Street Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY ~ C~ ;•J ~ 4~. -~ 3 w zaa < ~r~: DOCKET N0. 11-5450 L N o~'' ~- ~ rn --I p ~ -`-' C ~ -p $ r O "r~ ~ ~ Zp, ~ EU ~ c=~ ~ ~ ~ , „~ .~~ w w ~ : PRAECIPE FOR ~iRIT OF ERECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against PRUDENCE DINGES defendant(s)and (2) against M&T Bank garnishee(s) (3) AMOUNT DUE $15,194.80 INTEREST from August 15, 2011 $1,016.34 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account ( $.00) ~~~ ~s`~ 0 -~aq.oo Pp ~~'1 3Q.00 CSF" 9y. a s '~ 9 00 " /~. oo " a~.5o " S.oo „ 3~ao. ~s - PA Ate'`! -~ a. a.,5 .Qve~ FREDERIC I. W I RG, ESQUIRE JOEL M. FLINK, ESQUIRE ~17~7!` Attorney for Plaintiff (~'~a.~3y9(o ~r~~~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-5450 Civil 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 I, LLC as assiagnee of CHASE WASHINGTON MUTUAL, Plaintiff (s) From PRUDENCE DINGES, 802 Baltimore Pike, Gardners, PA 17324- 9oOd (1) 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: M&T BANK, 1 West High Street, Carlsile, 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 $15,194.80 L.L. $ Interest from 8/15/11 -- $1,016.34 Atty's Comm Atty Paid $300.75 Plaintiff Paid ; Dater 11/.26/12 (~cal~ Due Prothy $2.25 Other Costs REQUESTING c~ARTY: Name : FREDERIC I. WEINBERG, ESQUIRE Address: GORDON &WEINBERG, P.C. 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 ~;~a~ D~ , David D. Buell, Prothonotary Deputy { SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-�:Ir= Sheriff ,r` r- RO lt�P�,'0°Fi3r 'i' tc3��r o$'r irai� r$px� Jody S Smith ' 2013 SEP _4 Chief Deputy gt ,5 9 Richard W Stewart ��� ' Solicitor . , , . , CUMBERLAND COUNTY PENNSYLVANIA Cavalry Portfolio Services, LLC, as assignee of Cavalry SPV I, LLC, as Case Number vs. Prudence E. Dinges 2011-5450 SHERIFF'S RETURN OF SERVICE 12/04/2012 10:17 AM -William Cline, Deputy Sheriff,who being duly sworn according to law, states that on December 4, 2012 at 1015 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Prudence Dinges, in the hands, possession, or control of the within named garnishee, M &T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania, by handing to Donna Egolf, 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 December 6, 2012 to Prudence Dinges at 802 Baltimore Pike, Gardners, PA 17324-9005. 09/03/2013 ,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 03, 2013 RONW R ANDERSON, SHERIFF (C)CountySuite Sheriff,Teleosott,Inc.