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HomeMy WebLinkAbout11-6391i lk 1. 2094984 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. I-lector_ Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of Wells Fargo Bank, N.A. 7 Skyline Drive Hawthorne, NY 10532 vs. STEVEN DEVINS 6306 VALLEYBROOK DR MECHANICSBURG PA 17050-7304 ASSISSMENT OF COURT OF COMMON PLEAS CUMBERLAND COUNTY v _ mw tV --i C:) {° 'a o-_n C-) ?..? o rr" DOCKET NO. : 11. 63-l 1 ?ivi 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 01*}$g9 .wp4 a &AL 'C 431gS 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 July 8, 2011 in the amount of $4,157.85. 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 a,, o it eras icade on 5/8/2009. WHEI.EFORE, plaintiff claims of the def:>_ndant(s) the sum of $4,L57.8`-i plus applicable costs, interest and attorney's fee3. GORDON & WEINBERG, P.C. BY: FREDERIC I. r INBERG, ESQUIRE JOEL M. K, ESQUIRE Attorney for Plaintiff P01A.DB t , VERIFIC VU10N The undersigned does hereby v(-r.ify 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 act. best of her knowledge, info Date: are true and correct to the ELLI 1 i EXHIBIT "A" STEVEN DEVINS 4071100014163012 2094984 1"38738'19 Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of Wells Fargo Bank, N.A. 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 4071100014163012in the amount of $4,157.85; and 6. If called upon, affiant can testify at trial as to the facts stated herein. /'? The above facts are true aA8/co information and belief. f STEPHANIE Sworn to and Subscribed before me this j0day of ?7 V n, 7601.1' ,?I 0 o t\e best of my kn-owledge, LI, LEGAL ADMINISTRA LOUIS DARDIGNAC Notary Public - State of New York No. 01 DA5057380 Qualified in Rockland County My Commission Expires March 25, 2014 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 44, r 01 4u+nyrr/?Jf? OFFI17E f `H= ;rERIFF FILED-OFFICE OF THE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor Cavalry Portfolio Services, LLC vs. Steven Devins 2011 AUG 30 AM 6: 35 CUMBERLAND COUNTY PENNSYLVANIA Case Number 2011-6391 SHERIFF'S RETURN OF SERVICE 08/23/2011 08:36 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 23, 2011 at 2036 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Steven Devins, by making known unto himself personally, at 6306 Valleybrook Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.44 August 25, 2011 _t::2 RYAN BUR TT, D SO ANSWERS, RON R ANDERSON, SHERIFF !ci -Ount,,Suite Sheriff, Te;enauft, wc. 2094984 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE ' S-L Identification No.: 818941 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 cn? :'jy 484/351-0500 o ©._ Cavalry Portfolio Services, COURT OF COMMON PLEAS LLC as assignee of Cavalry SPV CUMBERLAND COUNTY '-° I, LLC as assignee of Wells Fargo Bank, N.A. VS. STEVEN DEVINS DOCKET NO. : 11-6391 CIVIL PRAECIPE FOR ENTRY OF JVDGMIT FOR PANT OF AN ANSWER, ASSESSMNT 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 $ 4,157.85 Less: Payments on Account ( $.00) Total: $4,157.85 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 Wells Fargo Bank, N.A. and that the last known address of defendant, STEVEN DEVINS, 6306 VALLEYBROOK DR, MECHANICSBURG PA 17050-7304. 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 ? e14•ob('a#•? ten days prior to the date of filing of this praecipe. Caw it 7c/gI 1 (?btic.4 Nl«N(?.d 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. (?(r-,? AND NOW, this - day of p6b 2011 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and dam es es at the su of , $4,157.85 as per the above certificate 't? it Prothonotar GORDON &.WEINBERG, P.C. BY: FREDERIC I. W INB RG, ESQUIRE JOEL M. FLIN , ESQUIRE Attorney for aintiff 2094984 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 Wells Fargo Bank, N.A. VS. STEVEN DEVINS 6306 VALLEYBROOK DR MECHANICSBURG PA 17050-7304 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO 11-6391 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. /X/ Judgment by Default $3,599.66 Money Judgment $ Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CAL ATTORNEYS: FREDERIC I. WEINBERG OR JO M. INK QUIRES HIS TELEPHONE NUMBER: 484/351-0500 161 ?' PROTHO Y 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 2094984 Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of Wells Fargo Bank, N.A. VS. STEVEN DEVINS TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-6391 CIVIL NOTICE OF INTENTION TO TAKE DEFAULT STEVEN DEVINS 6306 VALLEYBROOK DR MECHANICSBURG PA 17050-7304 DATE OF NOTICE/FECHA DEL AVISO: September 13, 2011 n4PORTANT 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.''/ INBERG, ESQUIRE JOEL M.` :FLI`NK, ESQUIRE P10D-2 V / 2094984 GORDON & WEINBERG, P.C. BY: FREDERIC I . WEINBERG, ESQUIRE Identification No. : 41360 JOEL M. FLINK, ESQUIRE �' rt '7f€(3dV13Td� t ; Identification No. : 41200 1013 MAR 18 P 1001 E. Hector Street, Ste 220 Conshohocken,Conshohocken, PA 19428 ,�IJMSE�.�LAND UNTY _ 484/351-0500 �,NSYLVANA 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. 7 Skyline Drive Hawthorne, NY 10532 VS. DOCKET NO. 11-6391 CIVIL STEVEN DEVINS —' 6306 VALLEYBROOK DR MECHANICSBURG PA 17050-7304 and Sovereign Bank 921 Calvary Road Carlisle, PA 17013 GARNISHEE TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF E%ECUTION Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against STEVEN DEVINS (2) against defendant (s) and Sovereign Hank garnishee (s) (3) AMOUNT DUE $4, 157. 85 INTEREST from October 6, 2011 $332 . 40 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account ( $ . 00) TO AL /gip y F Qc� OU (cg 1,I (j t4 4a�,,e�as ( FREDERIC I. INBERG, ESQUIRE dw, JOEL M. FLINK, ESQUIRE Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-6391 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 WELLS FARGO BANK,N.A. Plaintiff(s) From STEVEN DEVINS,6306 VALLEYBROOK DRIVE,MECHANCISBURG,PA 17050-7304 (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: SOVEREIGN BANK,921 CALVARY ROAD,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$4,157.85 L.L.$.50 Interest FROM OCTOBER 6,2011-$332.40 Atty's Comm % Due Prothy$2.25 Arty Paid $173.44 Other Costs Plaintiff Paid Date: MARCH 18,2013 & -1 -2 W David D. Buell,Prothonotary ( ea) gy 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 RTOOT2094984 OHNAR Y GORDON & WEINBERG, P.C. 2013 APR I f PM 3: 16 BY: FREDERIC I . WEINBERG, ESQUIRE CUMBERLAND COUNTY Identification No. : 41360 PENNSYLVANIA JOEL M. FLINK, ESQUIRE Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Cavalry Portfolio Services, COURT OF COMMON PLEAS LLC as assignee of Cavalry SPV CUMBERLAND COUNTY I, LLC as assignee of Wells Fargo Bank, N.A. VS. DOCKET NO. 11-6391 CIVIL STEVEN DEVINS and Sovereign Bank Garnishee PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant' s bank account with Sovereign Bank, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FREDERIC I . W BERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff Poll LL �FFa�0��` ' r SHERIFF'S OFFICE OF CUMBERLAND COUNTY ir_ Ronny RAnderson R!LLu' fir F;C.; Sheriff y l� P R 0 '14"'D ,i'��i� Jody S Smith 3 SEP 26 PM 2: 5 0 Chief Deputy Richard W Stewart CUMBEiRLA-14D COUNTY Solicitor OOP E OF TR IERIFF PENNSYLVANIA Cavalry Portfolio Services, LLC, as assignee of Cavalry SPV I, LLC, as Case Number vs. Steven W. Devins 2011-6391 SHERIFF'S RETURN OF SERVICE 03/28/2013 01:14 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, Sovereign Bank, 17 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Denise Beecher, 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 Steven Devins at 6306 Valleybrook Drive, Mechanicsburg, PA 17050-7304. 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, 4� September 25, 2013 RbNW R ANDERSON, SHERIFF a - )S (C)CountySuite Sheriff,Teleosoff,Inc. .