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Home My WebLink About12-77322127528 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 c-:, - Identification No.: 41200 ~ r:;~ ~' 1001 E. Hector Street, Ste 220 ~ ~ _~-;, Conshohocken, PA 19428 ~ h •-~ ~ ~- - ~~~ 484/351-0500 ~~ ~ V ~~--~ [~ ~1 ~ ~ -.,+ .~.. AUTOVEST, L.L.C. COURT OF COMMON PL ~ ~ ~ P.O. BOX 2247 _ CUMBERLAND COUNTY .,;;,.~~ ~ ~_ SOUTHFIELD, MI 48037--224 ~~ `"' vs. SANDRA HECKARD 824 HUMMEL AVENUE LEMOYNE PA 17043 and TRACY DAILY 824 HUMMEL AVENUE LEMOYNE PA 17043 DOCKET NO. ~~, -7~.3~ Ciu~~,~Gn,,,_ 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 $E ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED TN 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 Q ~~o3.~rs ~~L~ e~+ 177338 ~~ COMPLAINT IN CIVIL-ACTION 1. Plaintiff, AUTOVEST, L.L.C. a debt buyer and successor in interest to the original creditor, Wells Fargo Bank, N.A.. 2. Defendant(s), SANDRA HECKARD andTRACY DAILY is/are adult individual(s) residing at the address above captioned. 3. The original creditor and Defendant(s) entered into a closed end motor vehicle lease contract which required Defendant(s) to make monthly payments for the utilization of the vehicle. 4. The original creditor has assigned the account of the Defendant(s) to the plaintiff. 5. Defendant(s), defaulted on the terms of the lease resulting in an amount due of $13,986.38 as of October 3, 2012. 6. Attached hereto and incorporated herein by reference as Exhibit "A" is an affidavit of account, if available. 7. Despite repeated demand Defendant(s) has/have refused, failed ans till refuses to tender payment on this outstanding obligation. 8. Defendant's last payment on account was made on 4/13/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $13,986.38 plus applicable costs, interest and attorney's fees. CORDON & WEINBERG, P.C. BY: FREDERI WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff POIN.DB2 PA6 AC008027 AUTOVEST, L.L.C. SANDRA HECKARD *************9001 VERIFICATION I hereby state that I am the agent for the plaintiff herein, 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 furnished 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 : ~ ! ~ /! Cj d v( EXHIBIT "A" AFFIDAVIT OF CLAIM AND CERTIFICATION OF AMOUNT DUE STATE OF MICHIGAN COUNTY OF OAKLAND CURRENT ACCOUNT HOLDER: ORIGINAL ACCOUNT NUMBER: ORIGINAL CREDITOR: AUTOVEST, L.L.C. *************9001 Wells Fargo Bank, N.A. 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 AUTOVEST, L.L.C. ; 3. That one of Affiant's responsibilities is to serve as keeper of the books and records of AUTOVEST, L.L.C. , 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 August 24, 2012, balance due on account number *************9001, in the name of SANDRA HECKARD and TRACY DAILY, based on records provided to plaintiff by the original creditor or its assignee, was $13,845.57 inclusive of $8,289.43 principal and $5,556.14 interest and or fees. Interest continues to accrue at the rate of 15.5% per annum; 5. That the above-referenced account, which originated with Wells Fargo Bank, N.A., 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 Wells Fargo Bank, N.A. has no further interest in this account for any purpose. Attached documents are true and exact copies of the originals.Attached hereto are true and exact photocopies of documents reflecting the transfer of ownership of this account from Wells Fargo Bank, N.A. to AUTOVEST, L.L.C. 6. That to the best of Affiants 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 attorneys fees and collection costs pursuant to the account terms and conditions and/or where authorized by law. FURTHER AFFIANT SAYETH NOT: Subscribed and acknowledged to me on ~ -3~/~ AUTOVEST, L.L.C. By: X/` Name: William Godfrey Title: Legal Collections S ervisor ~.. Notary Printed Name: Be rly Mainor County of Residence: Wayne, Michigan My Commission Expires: July 29, 2018 PA6 GORDON & WEINBERG PC - 2127528 A0008027 256809 AUTOVEST DEFAULT.WPD ~ '- M ASSIGNMENT OF INSTALLMENT CONTRACT Obligor(s): SANDRA HECKARD TRACY DAILY Original Creditor: Wells Fargo Bank, N.A. Installment Contract Date: July 29, 2006 Vehicle: 2006 HYUNDAI ELANTRA Vehicle Identification Number: KMHDN56D36U197737 On July 08, 2010, Wells Fargo Bank, N.A., an Pennsylvania corporation (Assignor), located at 2501 Seaport Drive, Chester, Pennsylvania 19013, hereby assigns the Installment Contract, including any security interest, described above for good and valuable consideration, the sufficiency of which has been acknowledged by all parties, to Autovest, L.L.C., a Michigan limited liability company, (Assignee), located at 26261 Evergreen Road, Southfield, Michigan 48076. ASSIGNOR: Wells Fargo Bank, N.A. ., BY: r,~y. Darren Kazich, Agent Itr 2210 rev.012412 256809 13 - I PM 1: lu, APR 2127528 GORDON & WEINBERG, P.C. "UMSI :RLAND COUNTY BY: FREDERIC I. WEINBERG, ESQUIREPEN.4SYLVANIA Identification No. : 41360 JOEL M. FLINK, ESQUIRE MW Identification No. : 41200 ffiffiff 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 NO- AUTOVEST, L.L.C. COURT OF COMMON PLEAS CUMBERLAND COUNTY In VS. DOCKET NO. : 12-7732 CIVIL SANDRA HECKARD and TRACY DAILY rz PRAZCIPE MR ENTRY OF -9MG24EW FOR 10M OF AN ANSWER, ASSESSMENT W OF DAMAGES, VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE 0 TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant (s) SANDRA HECKARD above named only and assess 0—M damages certified to be calculable as a sum certain from the complaint, as follows: Principal $8, 289. 43 Interest from 12/12/2008 @15. 5% $6, 295. 38 Costs (Complaint & Service) $196. 25 Less : Payment on Account $100. 00) Total : $14,681.06 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: AUTOVEST, L.L.C. and that the last known address of defendant, SANDRA HECKARD, 824 HUMMEL AVENUE, LEMOYNE PA 17043. 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 �_ day of 201a Judgment is entered in favor of the plaintiff ) arJ4 ag t defend (s) by default for want of an answer and dam es a ess at the of , $14, 681 . 06 as per the above certific on. .% Prothonotary GORDON & WEINBERG, P.C. BY: FREDERIC I. I BERG, ESQUIRE JOEL M. FLI K, SQUIRE Attorney fo aintiff 2127528 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 AUTOVEST, L.L.C. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS . DOCKET NO. : 12-7732 CIVIL SANDRA HECKARD 824 HUMMEL AVENUE LEMOYNE PA 17043 and TRACY DAILY 824 HUMMEL AVENUE LEMOYNE PA 17043 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. Judgment by Default $14,681.06 Money Judgment $ Judgment on Award of Arbitrators$ 1 Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I . WEINBERG OR JOEL M. F NK, ZSQUI AT THIS TELEPHONE NUMBER: 484/351-0500 411 /S PROTHONOTARY 2127528 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 AUTOVEST, L.L.C. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 12-7732 CIVIL SANDRA HECKARD nd — TRACY DAILY TO/PARR NOTICE OF INTENTION TO TAKE DEFAULT SANDRA HECKARD .�. 824 HUMMEL AVENUE _= LEMOYNE PA 17043 DATE OF NOTICE/FECHA DEL AVISO: March 7, 2013 I21PORTANT 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. s s 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. /% 1 BY: /f FREDERIC I. , INBtRG, ESQUIRE P10D JOEL M. FL ESQUIRE Department of Defense Manpower Data Center Results as of:War-06.201308:25:14 SCRA 3.0 StAttu Pwport Pursuant to Semiicemembets.Civil Relief Acct Last Name: HECKARD First Name: SANDRA Middle Name: Active Duty Status As Of. Mar-08-2013 On Active Duty On Maim Duly Status Dab Active Duty Start Date Acdve Duty End Date SINw serm Component NA NA W NA This response tBMCAe the indMduals'active day A"based on the Aothm Dray Statue Data Left Active Duty within 367 Days of Achim Duty Statue Date Active Duty Start Dab Active Dilly End Data Status Service Component NA NA No NA This response rellecb where the individual left acthe day status within 367 days prsosding the Active Duty Status Data The Member or Nefiiar Unit Was tkdFwd of a Future Cat-Up to Active Duly an Acdvs Duty Statue Date Oabr Noti6caWn Start Data Ordar NoMostlon Fri Dab Status swvke Component NA NA No NA This response reflects whether the indvidtai or Mater unit has received early notillooWn to report for adve duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard), This status includes information on a Servic emember or his/her Tarot receiving notification of future orders to report for Active Duty, HOWEVER,WITHOUT A SOCIAL_SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. LA A64j- e Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 I The Defbnte Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App,§501 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty'responses,and has experienced only a small error rate, In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http:llwww.defenselink.miVfagtp!&PM9SLDR.htM. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or histher unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1), Prior to 2010 only some of the active duty periods less than 30 consecutive}days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. A!I Active Guard Reserve"(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.& Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Comrrissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(dX1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction, The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who card rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID; G2S1Q6105087XF0