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Home My WebLink About12-33882120886 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 SPV I, LLC, as assignee of Bank of America/ FIA Card Services, N.A. 500 Summit Lake Dr., Ste. Valhalla, NY 1_0595--134 vs. ASSESSMENT OF COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : /01-313W ELIZABETH J KIMMEL 303 FORGE RD BOILING SPRINGS PA 17007-9749 NOTICE _ _,, r r ty3 0iV1 Ierp 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 *103.75 PO ATTY P-4 C 7s3VV 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 April 2, 2012 in the amount of $11,526.97. 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 February 17, 2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $11,526.97 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I.,y-8INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P103 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 SPV I, LLC, as assignee of Bank of America/ FIA Card Services, 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, information and belief-. 1 STEPHANIE CAPPELLI «_.. . Date: EXHIBIT "A" 2120886 16714073 Cavalry SPV I, LLC, as assignee of Bank of America/ FIA Card Services, N.A. ELIZABETH J KIMMEL 4800113041961991 AFFIDAVIT 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. After allowing for all offsets and credits, a balance remains on the subject account having account number 4800113041961991in the amount of $11,029.80; and 5. If called upon, aff.L .stify at trial as to the facts stated herein. The above facts are tr and corre?? o h best o knowledge, information and belief. / ht STEPHANIE CAPPELLI, AH${ZIZED Sworn to and Subscribed before me th . 22- day of 2012 LOUIS DARDIGNAC Notary PLO* . Stets of New 1+0 No. 01 DMM t P t i c Qum in Rom% d y My Commission Expires March 25, 20 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor mgr at 81?1L § *4Y t t€r THi t . . sZ M'! -7 AM 9: 27 `;UMBc"PsLAND COUH'_- ENNSYLVANIA Cavalry SPV I, LLC vs. Elizabeth Jane Kimmel Case Number 2012-3388 SHERIFF'S RETURN OF SERVICE 05/31/2012 05:42 PM - Michelle Gutshall, Deputy Sheriff, who being duly swom according to law, states that on May 31, 2012 at 1742 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Elizabeth Jane Kimmel, by making known unto herself personally, at 303 Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to her personally the said true and correct copy of the same. 1 MICR LLE GUTSHALL, DEPUTY SHERIFF COST: $34.00 June 04, 2012 SO ANSWERS, RON ~ R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. Cavalry SPV I, LLC, as Assignee of Bank of America/ FIA Card Services, N.A. 500 Summit Lake Dr., Ste. Valhalla, NY 10595-134 VS. ELIZABETH J K AMEL 303 FORGE RD BOILING SPRINGS, PA 17007-9749 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 12-3388 Civil Term T _ } _?. CX) -1 ANSWER 1. Denied. I am without knowledge or information sufficient to form a belief as to the truth of these statements. 2. Denied. I am without knowledge or information sufficient to form a belief as to the truth of these statements. 3. Denied. I am without knowledge or information sufficient to form a belief as to the truth of these statements. 4. Denied. I am without knowledge or information sufficient to form a belief as to the truth of these statements. 5. Denied. I am without knowledge or information sufficient to form a belief as to the truth of these statements. 6. Denied. I am without knowledge or information sufficient to form a belief as to the truth of these statements. 7. Denied. I am without knowledge or information sufficient to form a belief as to the truth of these statements. WHEREFORE, I request a judgement in my favor. -? 1 ?A-6 e-rf hl rK LIZABE J MMEL VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to sworn falsification to authorities, that the facts set forth in the answer in this civil action are true and correct to the best of her knowledge, information and belief. C-U r IZABET J KIMMEL Date : ?? ??? ??? Cavalry SPV I, LLC, as Assignee of Bank of America/ FIA Card Services, N.A. 500 Summit Lake Dr., Ste. Valhola, NY 10595-134 Vs. ELIZABETH J KIMMEL 303 Forge Road Boiling Springs. Pa. 17007. Court of Common Pleas Cumberland County Docket No. 12-3388 Civil Term z? ;- i F? CERTIFIC OF SERVICE I verify that on June, 19, 2012 I mailed a copy of the answers in this action to attorney for plaintiff by first class US mail postage prepaid to the following address: Gordon & Weinberg 1001 E. Hector Street, Ste 220 Conshohocken. Pa. 19428 Att:Joel M. Flink, Esquire iwv- r Tom, -: KIMMEL DATE; f Ze I2- 2120886 1"�}a�ii b OT ?W, GORDON & WEINBERG, P. 0 2313 Nov 14 Nq 2: 35. BY: FREDERIC I . WEINBERG, ESQUIRE CUMBERLAND COUNTY Identification No. : 41360 PE?��d�Y�.�.�t�IA JOEL M. FLINK, ESQUIRE Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Cavalry SPV I, LLC, as COURT OF COMMON PLEAS _ assignee of Bank of America/ CUMBERLAND COUNTY FIA Card Services, N.A. °— vs . DOCKET NO. 12-3388 CIVIL TERM ELIZABETH J KIMMEL PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC I .' INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE _. Attorney for Plaintiff P006 CERTIFICATION OF SERVICE I, FREDERIC I . WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Withdraw Complaint to Pa. R. C. P. 1028 (c) (1) , via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC INBERG, ESQUIRE Dated