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Home My WebLink About12-33892121979 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. c , ;7 BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 r=rte' JOEL M. FLINK, ESQUIRE Identification No.: 41200 "o C?p 1001 E. Hector Street, Ste 220 r Conshohocken, PA 19428 484/351-0500 Cavalry SPV I, LLC COURT OF COMMON PLEAS C'3 500 Summit Lake Dr., Ste., CUMBERLAND COUNTY Valhalla, NY 10595--134 vs. DOCKET NO. civil l°rof ROBERT K BURNS 402 PAWNEE DRIVE MECHANICSBURG PA 17050 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, 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 OS -? 103. 75 P,0 A77y A089 V ,? a 7s8y,3- COMPLAINT IN CIVIL-ACTION 1. Plaintiff, Cavalry SPV I, LLC , is a debt buyer and successor in interest to the original creditor, Bank of America/ FIA Card Services, N.A.. 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)the 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 March 30, 2012 in the amount of $1,991.41. 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 12/16/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,991.41 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. X BY: FREDERIC I. W INBERG, ESQUIRE JOEL M. , ESQUIRE Attorney for Plaintiff P01P.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 SPV I, LLC , 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 d cor..rect to, the best of her knowledge, information and belief sr IE? c uI Date: EXHIBIT "A" 21219"19 14827842 Cavalry SPV I, LLC ROBERT 'K BURNS 5490355217068289 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 5490355217088289in the amount of $1,898.16; and 5. If called upon, af,fx- stated herein. The above facts arp (rue a information and belief.i t S TE?P+37?NTE testify at trial as to the facts o the be-%t-17t y knowleS ge, AUTH'ORIZED AGENT Sworn to and Subscribed before me this day of ,+ 012 LOUIS DARDIGNAC; Notary Public - Shale of New York 1 No. 01 DASM7380 Not a, Pub Qualified inAo*MMCounly Ay Commission Expires March 26, 201 4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?mi.f rry,F?d ?ttirxtt, 91 Jody S Smith Chief Deputy = C' - Richard W Stewart Solicitor Cavalry SPV I, LLC vs Case Number . Robert K. Burns 2012-3389 SHERIFF'S RETURN OF SERVICE 06/01/2012 03:10 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 1, 2012 at 1510 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert K. Burns, by making known unto himself personally, at 402 Pawnee 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. r? 41 NOAH CLINE, DEPUTY SHERIFF COST: $38.00 June 06, 2012 SO ANSWERS, RON ~ R ANDERSON, SHERIFF ,,; Lou! '? Suit, She r t. 7 .-so9 n... 3 'J C?9(Ji9G 2 6-p c? . 2 Al H 20 P1 I Go -? ?f ??l o,? IIUMB .0 Or DE V A N A.?, r?y J 14, no 2 a 6"U AIR S 3 g? ?i T ^? ."go /< G? •a, a J L 7 !J J GG O u NT C??! r C? 3 G ICJ J /?? (?. /? / ?.? • //t ' &&",4it. e ue (- ??? 7 r / a o tt C _. o v 7 • Z, fVv-, UPS I r~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY SPV I. LLC ~ Plaintiff ~_, N0.33 g9 , CIVIL1 ~' ___ : _. ~ _ V S. _ v~ ~," ._._ - ~ -- . ROBERT K. BURNS , ~ ~ -~' f ~ i- Defendant y ~ c;~ `-~; r _.; RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in tlyd~ ~" " Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: JOEL M. FUNK ,counsel for the laintiff defendant in the above action (oraetienaj; respectfully represents that: 1. The above-captioned action (or-~tivns) is (arej at issue. 2. The claim of plaintiff in the action is $1991..41 . The counterclaim of the defendant in the action is NONE The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: JOEL M. FUNK, ESQUIRE WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 'ag sc~ a s y su 'tted, a ~~ ~~ ~alo ~,~ ag3agl ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, Kevin A. Hess, P.J. ,a , -~- 2121979 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET N0. 12-3389 CIVIL TERM ROBERT K BURNS CERTIFICATION OF SERVICE I, JOEL M. FLINK, ESQUIRE, hereby certify that I, on the date below, served a copy of Petition for Appointment of Arbitrators pursuant to the to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. JOEL M. K, Sf~UIRE Dated:l0/22/12 p020 MARC R. GORDON FREDERIC I. WEINBERG` JOEL M. FLINK` CHRISTOPHER S. FROBA` DAVID H. LIPOW` A t t o r n e y s a t L a w 'Also member NJ Bar October 22, 2012 ROBERT K BURNS 402 PAWNEE DRIVE MECHANICSBURG PA 17050 RE: Client : Cavalry SPV I, LLC Current Balance Due: $2,632.93 - My File No: 2121979 Dear Mr. Burns: 1001 E. HECTOR STREET SUITE 220 CONSHOHOCKEN, PA 19428 1200 LAUREL OAK ROAD SUITE 104 VOORHEES, NJ 08043 PHONE: (484) 351-0500 FACSIMILE: (484)351-0501 TOLL FREE: (866) 465.8087 (Reply to PA Office) Enclosed please find a true and correct copy of the Petition for Appointment of Arbitrators which I intend to file with the Court regazding the above-captioned matter. Pursuant to Rules of Civil Procedure, I am providing you with 15 days notice of my intent to file this document. GORDON &WEINBERG, P.C. IS A DEBT COLLECTOR. THIS LETTER AND ANY FUTURE LETTERS FROM OUR FIRM ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Very truly yours, QUIRE JMF/EC ENCLOSURE D000. a www. gordonwein berg, com