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HomeMy WebLinkAbout12-62452113898 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF 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 ;~a ~, F HARVEST CREDIT COURT OF COMMON PLEAS ~" ~-' MANAGEMENT VII , LLC CUMBERLAND COUNTY ~ o ~ i~ ~: 1580 Lincoln Street STE 600 ~ ~ ~ , Denver CO 80203 ~ ~ ~ ~~ © - ~ G xa. p s t vs DOCKET NO ~ ( am s 7'f`1 ~ ~ ~ _ ~~.... ~' . . , y DAVID M REED -4: ~ 6545 MOLLY PITCHER HWY SHIPPENSBURG PA 17257-9373 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 D a,~ $~o3.7sPd a~ Ck-# ~~.~~~~ ,~~aPi~vg COMPLAINT IN CIVIL-ACTION 1. Plaintiff, HARVEST CREDIT MANAGEMENT VII, LLC, is a debt buyer and successor in interest to the original creditor, HSBC/GM. 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 merchandise 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 May 1, 2012 in the amount of $28,090.64. 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 5/31/2010. WHEREFORE, plaintiff claims of the defendant(s) the sum of $28,090.64 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W BERG, ESQUIRE JOEL M. FLI ESQUIRE Attorney for Plaintiff P01P.DB PA6 EH279184 HARVEST CREDIT MANAGEMENT VII LLC DAVID M REED ************0543 VERIFICATION I hereby state that I am the agent for the plaintiffherein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has fiunished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S §4904 which provides for certain penalties for making false statements. .~- NAME: AFFIDAVIT OF CLAIM AND CERTIFICATION OF AMOUNT DUE STATE OF COLORADO COUNTY OF DENVER CURRENT ACCOUNT HOLDER: ORIGINAL ACCOUNT NUMBER: ORIGINAL CREDITOR: HARVEST CREDIT MANAGEMENT VII, LLC ************0543 HSBC/GM Personally appeared before me, the undersigned, being duly sworn, states and deposes as follows: 1. That Affiant is at least eighteen (18) years of age, competent to testify and has personal knowledge of the facts set forth herein; 2. That Affiant is authorized to make oath on behalf of HARVEST CREDIT MANAGEMENT VII, LLC, organized and existing under the laws of the State of Colorado; 3. That one of Affiant's responsibilities is to serve as keeper of the books and records of HARVEST CREDIT MANAGEMENT VII, LLC, which are kept in the ordinary course of business, with the entries in them having been made at or near the time of the occurrence; 4. That as of Apri19, 2012, the principal balance due on account number ************0543, in the name of DAVID M REED, based on records provided to plaintiff by the original creditor or its assignee, was $27,832.44 inclusive of $13,823.49 principal and $14,008.95 interest. Interest continues to accrue at the rate of 30.99% per annum; 5. That the above-referenced account, which originated with HSBC/GM, was sold, transferred and conveyed to plaintiff. As a result of the sale of the subject account, plaintiff has complete authority to settle, adjust, compromise, and satisfy the above-referenced account and that HSBC/GM has no further interest in this account for any purpose. Attached hereto are true and exact photocopies of documents reflecting the transfer of ownership of this account from HSBC/GM to HARVEST CREDIT MANAGEMENT VII, LLC 6. That to the best of Affiant's knowledge, based on information provided by the Defense Manpower Data Center, the Defendant is not now on active duty in the military; 7. Debtor is responsible for payment of attorney fees and collection costs pursuant to the account terms and conditions and/or where authorized by law. FURTHER AFFIANT SAYETH NOT: Hwxv!/ ' 'K>/ AGEMENT VII, LLC By: Name: David A. Ravin Title: Vice President P~~ Tq ~~TL- Subscribed and acknowledged to me on April 9, 2012. My commission expires on: ~~ ,~~ ~ .. ~ ~ ~, ~; ,o G.: ~o 3 y~;•.(lBy~.• QO Notary Public ~ `~ of co~-~Q 1776 Lincoln Street, Suite 900 MY COMMISSION PIKES JANUARY 28, 2013 Denver, Colorado 80203 OOS AFFIDAVIT.WPD PA6 GORDON & WEINBERG PC - 2113898 EFi279184 2113898 CORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1COi E. Hector Street, Ste 220 Conshoho~.~ken, PA 19428 484!51-"500 -1 ~~' -- ,~ p' _ (` R _ , : ; r, ~ , HARVEST ~REDIT MANAGEMENT VII, LLC v:~ . DAVID M FEED COURT OF COMMON PLEAS CUMBERLAND COUNTY DOC::CET N0. 12-6245 ~;I~'IL PRAECIPE TO WITHDRAW COI~LAINT TC THE ?ROTHGNOTARY: Kirn~ly withdraw the above-captioned action, without prejudice. CORDON & WEINBERG, P.C. ~', ~~ BY FREDERIC I. ET~ERG, :ESQUIRE JOEL M. FLINK,, ESQUIRE Attorney for I?laintiff P006 CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the rate below, served a copy of the Praeci~e to Withdra~,a Complaint to Pa.R.C.P. 1028(c)(1), via First Class Mail, pc>stage pre-paid, to all other parties or their counsel of recorc:~. ,`''~, --~--- FREDER~~-: -~'EINBER:G, ESQUIRE Dated ? ~_ ~ ~ ~~~' ~