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Home My WebLink About11-5643t- 2106774 ASSESSMENT OF THIS IS AN ARBITRATION MATTER. 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. ROBERT FITTING 1923 STERRETTS GAP AVE CARLISLE PA 17013-1061 C-) M CD ?- rn-n x C= r- -am -<> p- " (Z) =?~ r-) =-n' p _ ?n7 COURT OF COMMON PLEAS CUMBERLAND COUNTY L'? { DOCKET NO. : 11-51o43 0,-,,i (-Farm 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 cs 4ga.o0 Po AT Y e# 15? 0(o 0 -?&1799 i 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 June 2, 2011 in the amount of $4,174.37. 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 last payment on account was made on 4/5/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,174.37 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE;VBERG, ESQUIRE JOEL M. FLI , 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 C, 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, in Date: C'?' /? 1 zc)11 EXHIBIT "A" 2106774 14100540 Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of Chase / Washington Mutual ROBERT FITTING 4185871407265506 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 4185871407265506in the amount of $4,174.37; and 6. If called upon, affiant can testify at trial as to the facts stated herein. The above facts are \t ie andrre-ct to the best-my knowledge, information and belief. 1 f STEPHANIE- CA1-P4LI. LEGAL ADMINISTRATOR LOUIS DARDIGNAC Notary Public - State of New York No. 01 DA5057380 Qwfrf'ied in Roddand County My Commission Expires March 25, 2014 Sworn to and Subscribed before me this' ff -`"-day SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ( of trt(ubr _ pro 0{ { AUK -s Pr; c; PEN'4S YL AA 11 -0 Cavalry Portfolio Services, LLC Case Number vs. Robert Fitting 2011-5643 SHERIFF'S RETURN OF SERVICE 08/02/2011 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: Robert Fitting, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Robert Fitting. Request for service at 1923 Sterretts Gap Avenue, Carlisle, Pennsylvania 17013 the Defendant was not found. Deputies were advised, Robert Fitting is thought to be residing in Mechanicsburg, Pennsylvania. However, The Carlisle Postmaster is still delivering Robert Fitting's mail to 1923 Sterretts Gap Avenue, Carlisle, Pennsylvania 17013. SHERIFF COST: $39.00 August 02, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF _ , flournpSuite She, tt_ T-elcos;;ft. In, David -D. Overt Prothonotary Office of the (Prothonotary Cumgerrand County, Pennsylvania KJrkS. Sokonage, T.S'Q Solicitor / -S7.g,q,3 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH 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 PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 e Carrisle, TA 0 Phone 717 240-6195 0 rFa..717 240-6573