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HomeMy WebLinkAbout11-6575Blatt, Hasenmiller, Leibsker & Moore, LLC Daniel Santucci Attorney I.D. #92800 Gregory R. Dye Attorney LD #205316 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 C') C N ° Attorney for Plaintiff, -O:x --- FORTIS CAPITAL LLC ZM C :x - s FORTIS CAPITAL LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, vs. SANDRA OKUM OKUM, RONALD 1 NITA CT MECHANICSBURG PA 17050-1568 Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA C) -n rnrrn?- ?rn v p C:)? =-n Q'TT C )m D ?Cl CIVIL ACTION No. //- 65-7,5- NOTICE TO DEFEND 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 judgment 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, 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. LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 2656981 PPTCPADI 05 q) - o c Pd lqhJ ??a 63s?5 AVISO Le han demandado a usted en la corte. Si usted quiere defen derse de estas demandas expuestas en las paginas siguientes, usted tiene veinte dias de plazo al partir de la fecha de la demanda y la notificacion. Hase falta ascentar una comparencia escrita o en persona o con un aboga do y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisa do que si usted no se de fiende la corte tomara medidas y puede continuar la demanda en contra suva sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propieda des u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 267-2032 Blatt, Hasenmiller, Leibsker & Moore, LLC Daniel Santucci Attorney I.D. #92800 Gregory R. Dye Attorney I.D. #205316 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 Attorney for Plaintiff, FORTIS CAPITAL LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC Plaintiff, vs. SANDRA OKUM OKUM, RONALD 1 NITA CT MECHANICSBURG PA 17050-1568 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. COMPLAINT Plaintiff FORTIS CAPITAL LLC, claims as follows: 1. The Defendant(s), SANDRA OKUM OKUM, RONALD, is a resident of Cumberland County, Pennsylvania. 2. The Defendant(s) obtained extensions of credit with BEST BUY HSBC BANK NEVADA, N.A., (Original Credit Grantor) agreeing to make monthly payments as required by the terms of the account, for purchases charged to the account. 3. The Defendant(s) did make purchases and charged same to the account but failed to make the monthly payments called for on the account. There is a balance due and owing of $6051.24. 4. Plaintiff is the successor in interest of said account having purchased the account in the regular course of business in good faith and value. 5. Plaintiff declared Defendant(s) to be in default and demands payment of the balance. 2656981 PPTCDBCI WHEREFORE, the Plaintiff, FORTIS CAPITAL LLC, prays for judgment in its favor and against Defendant(s), SANDRA OKUM OKUM, RONALD in the amount of $6051.24, plus costs. Respectfully s FORTIS CAPIT Danidt'Santucci, Attorney No. 92800 Gregory R. Dye Attorney No. #205316 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 (800) 850-1079 Dated: August 11, 2011 VERIFICATION the undersigned attorney for the Plaintiff, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief, based upon information provided by the Plaintiff, that the Plaintiff is presently located outside of this jurisdiction, and that in order to file the within document in an expedient and timely manner I am authorized to sign this verification on behalf of the Plaintiff. I understand that false statements herein are made subject to thq pgnalties of I,§ Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. PPTXVERI Exhibit "A" PPTXEXAI 2b51?61 FORTIS CAPITAL, LLC V. SANDRA OKUM RONALD OKUM AFFIDAVIT OF DEBT AND VERIFIED BILL OF PARTICULARS I, the undersigned being first duly sworn according to law, deposes and says: 1. I am over the age of 18 and not a party to this action. 2. I am the authorized representative of Presidio Financial, LLC, the Manager of the Plaintiff in the pending matter. In that position I am a custodian of the Plaintiff's books and records, and am familiar with the policies and practices of Plaintiff relating to the creation, import, maintenance and transfer of its business records in the ordinary course of its business. Based on my knowledge of those policies and practices and a review of Plaintiff's business records relating to the pending matter, if called as a witness, I could testify of my personal knowledge to the following. 3. Plaintiffs principal business consists of purchasing and liquidating charged off receivables. In the ordinary course of such a receivable purchase, the seller promises and does transfer to Plaintiff originals and/or electronic copies of the original credit grantor's and any intermediate owner's business records concerning the purchased receivables. All such records received are incorporated into Plaintiffs business records and are maintained and relied upon in the ordinary course of Plaintiffs business. 4. Plaintiff s business records reflect that (i) Defendant SANDRA OKUM RONALD OKUM opened Account No. 7021270141242130 with BEST BUY (the "Account"), (ii) the Account was charged off by the original credit grantor on December 31, 2008, (iii) at the time of charge-off, the Account had an overdue and unpaid balance of. $6,051.24, and (iv) Plaintiff purchased or was otherwise assigned all right, title and interest in the Account and associated unpaid receivable on.January 26, 2009 and still owns the Account. 5. In the context of the Plaintiff's purchase of the Account, the seller made representations and warranties that (i) it had clear right, title and interest in the account; (ii) the account was free and clear of all liens and encumbrances; (iii) it had the power, authority, and. full right to sell and convey its interest in the Account; and (4) all material information provided by the seller concerning the Account was materially accurate and the Account balance. was true and accurate at the time of the purchase. 6. Plaintiffs business records further reflect that the last payment on this charged off Account was made May 11, 2008 and, after application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on the indebtedness of $6,051.24. 7. I am not aware of and have no reason to believe there are any errors in the Plaintiff's records with respect to the foregoing Account information. 8. The Exhibits attached to this Affidavit are true and accurate copies of Plaintiff's business records relating to the Defendant's Account. The foregoing is true and correct to the best of my knowledge and' f. By: Arace i ue - Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, Daniel Santucci Attorney I.D. # 92800 FORTIS CAPITAL LLC Gregory R. Dye Attorney LD #205316 1835 Market Street, Suite 501 Philadelphia, PA 19103 610-902-0644 FORTIS CAPITAL LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION vs. No.// - ?5 7 - SANDRA OKUM , OKUM,RONALD 1 NITA CT MECHANICSBURG PA 17050-1568 Defendant(s). PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: 4=ti C') c c -?x Kindly ENTER my appearance in the above-captioned matter on behalf of PLAINTi6 -s? FORTIS CAPITAL LLC. =r ?© C! i D' N Papers may be served at the address set forth below: ro A Z M Blatt, Hasenmiller, Leibsker & Moore, LLC ? p N ° 1835 Market Street, Suite 501 - ' Philadelphia, PA 19103 -t ? Telephone Number: 1-610-902-0644 Dated: August 11, 2011 By: Gregory R. Dye 2656981 P I in PTXPEAI J 111 1 1111 IIIII IIIII 11111 IIIINI Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, Daniel Santucci, Attorney I.D. #92800 FORTIS CAPITAL LLC Gregory R. Dye, Attorney I.D. #205316 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 FORTIS CAPITAL LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, VS. SANDRA OKUM OKUM, RONALD 1 NITA CT MECHANICSBURG PA 17050-1568 Defendant(s). C) C rnCD zrn r-z <CS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION 0 ?c?' --1 ro N --4C? -v =-n C") C?I rn ' ro '7 .P- AFFIDAVIT OF NON-MILITARY SERVICE No. COMMONWEALTH OF PENNSYLVANIA: County of Chester: I, Daniel Santucci/Gregory R. Dye, being duly sworn according to law, depose and say I am the attorney for Plaintiff and I am authorzied to make this affidavit on Plaintiff's behalf. I hereby certify that the Defendant is at least 18 years of age and not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Servicemembers' Civil Relief Act of 2004 and any amendments thereto. I also herby certify that the statements made in the foregoing Affidavit of Non-Military Service are true and correct to the best of my information, knowledge, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. BLATT, HA & MOORE, Dated: August 11, 2011 By: Gregory R. Dye LLER, WPBSKER 2656981 PPTJCAMI 1111111111111 1 IN 0 X111 IAN 8111111111111111111111111111111 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - i" Sheriff 3 , 13E?l?, Jody S Smith Chief Deputy l Richard W Stewart ,,,3PL??J CCU^ i Solicitor Fortis Capital LLC vs. Sandra R. Okum (et al.) Case Number 2011-6575 SHERIFF'S RETURN OF SERVICE 09/07/2011 05:30 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 7, 2011 at 1730 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sandra R. Okum, by making known unto herself personally, at 1 Nita Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. A.4.2k Ljd,.-?L GERALD WORTH INGT EPUTY 09/07/2011 05:30 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 7, 2011 at 1730 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ronald P. Okum, by making known unto Sandra Okum, Wife of Defendant at 1 Nita Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $54.44 September 08, 2011 GERALD WORTHINGT 'TbEPUTY SO ANSWERS, RbNN"Y R ANDERSON, SHERIFF Oueff Trothonotag ~�'the /�\*«��~. ()t7y�/ +/ � - -_/ �� County, - ----y''--'-- Sofionage, /oCicito 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 |SHEREBY TERpW|NATEDVV�HPREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Square 0 Suitx100e [brCisfe (PA Thor 717 240-6195 0 Ta,c717240'6573 � �