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Home My WebLink About11-7454Ip 2094989 THi-S IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. CORDON & WEINBERG, P.C. BY: FRFDERIC I. WEINBERG, ESQUIRE IdentiEir,ation No.: 41360 JOEL M. FLINK, ESQUIRE Ldentification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Cavalry Portfolio Services, LLC assignee of Cavalry SPV 1, LL(.' as assignee of Wells Fargo Bank, N. A. I Skyline Drive Haws-horrie, NY 10532 vs. PAUL G LUTHER 400 W DAUPHIN ST ENOLA PA 1'7025-2213 ASSFSSPII?'NT OF COURT OF COMMON PLEAS CUMBERLAND COUNTY MW C/) ? C!3 ? tV T C"% -' DOCKET NO. 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 "0 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 NO'?' HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH 13ELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 5 9?.00 pde?6 C# I53?l2 ?#ads?29? A COMPLAINT IN CIVIL-ACTION I. Plaintiff is a debt buyer and successor in inl--_erest to the or_-i.ginaI creditor as set forth in the caption of this Complaint. 2. At all times relevant hereto, the defendant (s) w is 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 facilitie,-- 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 $1,460.90. 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 6/4/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,460.90 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: - FREDERIC I. EINB RG, ESQUIRE JOEL M. FLI K, QUIRE Attorney for Plaintiff POIA.DB VERI.E,I( ATION 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 Por_tfoiio Services, LLC as assignee of Cavalry SPV I, LLC as as.?i_gnee 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 action are true and correct to the best of her knowledge, r io d PHANIEPLILLI Dat=e ,s 2094989 13874461 Cavalry Portfolio Service->, LLC as assignee of Cavalry SPV T, LLC as assignee of Wells Fargo Bank, N.A. PAUL G LUTHER 6048701000681696 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 6048701000681696in the amount of $1,460.90; and 6. If called upon, affiant c?stify at trial as to the facts stated herein. _.w\ The above facts are true nd cor t (e best of my nowledge, information and belief. STEPHANIE CAPPEL , LEGAL ADMINISTRATOR Sworn to and Subscribed before me t is 2?7 day o f _ LOUIS DARDIGNAC Notary Public - State of Newyork No. 01 DA50573W Vo t o Public Qualified in Rockland County My Commission Expires March 25, 2014 2094989 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 -b ca 1001 E. Hector Street, Ste 220 r a °nrn -11U C:) Conshohocken, PA 19428 ?? 484/351-0500 -[ =-n N Cavalry Portfolio Services, COURT OF COMMON PLEAS yam- ?? LLC as assignee of Cavalry SPV CUMBERLAND COUNTYi I, LLC as assignee of Wells Fargo Bank, N.A. VS. DOCKET NO. : 11-7454 CIVIL TERM PAUL G LUTHER PRAECIPE FOR ENTRY OF JUDGNZNT FOR NANT OF AN ANSWZR, 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 $1,460.90 Less: Payments on Account ( $.00) Total : $1,460.90 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 414.00 P0 KI"N Portfolio Services,LLC as assignee of Cavalry SPV I, LLC as assignee oil(99UP(o of Wells Fargo Bank, N.A. and that the last known address of defendant, PAUL G LUTHER, 400 W DAUPHIN ST, ENOLA PA 17025-2213. 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 e_ day of NOV , 2011 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer an ama s assessed at th sum of $1,460.90 as per the above certif' atio Protho GORDON & WEINBERG, BY: FREDERIC . WE NBERG, ESQUIRE JOEL M. LIN ESQUIRE Attorney Plaintiff 2094989 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. PAUL G LUTHER 400 W DAUPHIN ST ENOLA PA 17025-2213 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-7454 CIVIL TERM 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 $1,460.90 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 JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 PROTHONOTAR H?lB?I/ 2094989 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. PAUL G LUTHER TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-7454 CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT PAUL G LUTHER 400 W DAUPHIN ST ENOLA PA 17025-2213 DATE OF NOTICE/FECHA DEL AVISO: October 25, 2011 INEPORTANT 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: NBERG, ESQUIRE JOEL M. F K, ESQUIRE P10D-2 _~ ~_ CORDON & 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 484/351-0500 ..7 Cm:a :~ 2094989 ~ ` ;~ `~ . -<--~ c.n ::;ti:::.. +:~~~ v ~, 'rt --s , :-i ._~ ~ .. Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of Wells Fargo Bank, N.A. vs. PAUL G LUTHER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 11-7454 CIVIL TERM SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this 260ct12, it is suggested of record that Defendant, PAUL G LUTHER, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about September 13, 2012, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 1:12-bk-05391-M. Therefore, this matter should be stayed until further notice. CORDON & WEINBERG, P.C. BY: FREDERI I. INBERG, ESQUIRE JOEL M F K, ESQUIRE Attorney for Plaintiff