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HomeMy WebLinkAbout13-3570 C Supreme Couof'Pennsylvania Court Of Nno'*. mmo "Pleas For Prothonotary Use Only: e Sheet 'i '! S Docket No: CU BRLANb County I The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S z Complaint f =1 Writ of Summons Petition ] Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: EQUABLE ASCENT FINANCIAL,LLC KEVIN DUNN T Dollar Amount Requested: X' within arbitration limits I Are money damages requested? El Yes 0 No (check one) Doutside arbitration limits 0 N Is this a Class Action Suit? 0 Yes IX No Is this an MDJAppeal? El Yes fix. No A Name of Plaintiff /Appellant's Attorney: LLOYD S MARKIND Check here if you have no attorney (are a Self- Represented 1Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional I3 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution fX, Debt Collection: Credit Card 0 Board of Assessment _ Motor Vehicle 0 Debt Collection: Other 0 Board of Elections n Nuisance E] Dept. of Transportation _i Premises Liability J Statutory Appeal: Other S Product Liability (does not include © Employment Dispute: mass fort) E t Discrimination 71 Slander/Libel/ Defamation C 0 Other: E Employment Dispute: Other Zoning Board T 0 Other: I 0 Other: O MASS TORT 0 Asbestos N l Tobacco 0 Toxic Tort - DES 0 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste ❑ Ejectment 0 Common Law /Statutory Arbitration B 0 Other: Cl Eminent Domain /Condemnation 0 Declaratory Judgment f_i Ground Rent Mandamus 0 Landlord/Tenant Dispute Non - Domestic Relations U Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental El Partition Ci Replevin 0 Legal 0 Quiet Title 0 Other: El Medical Other: Other Professional: Updated 1/1/2011 Sklar - Markind Lloyd S. Markind, Esquire (ID #52507) 102 Browning Lane Building B, Suite 1 Cherry Hill, NJ 08003 File No.: H1017988 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EQUABLE ASCENT FINANCIAL, LLC : No. 1 - S 5 C) C V I Plaintiff C") TERM c -' , VS. M #Ti CIVIL ACTION' =-r, KEVIN DUNN Defendant 5;c:: Vim' 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 judgment 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 South Bedford Street Carlisle, PA 17013 Telephone: 717 - 249 -3166 a at?ga� AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientas, usted tiene veinte (2) dias de plazo al partir de la fecha de la demanda y la notificaion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que A usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra sya sin previo aviso o notificaion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL A LA OFICINA CUY A DIRECION SE ENCUENTRA ESCRITA ABAJO PARA AVERGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717 - 249 -3166 Lloyd S. Markind, Esquire (ID #52507) Sklar - Markind 102 Browning Ln, Bldg B, Ste 1 Cherry Hill NJ 08003 856/616 -8710 FILE NO.: H1017988 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EQUABLE ASCENT FINANCIAL, LLC I No. 1120 W Lake Cook Rd,Ste B Buffalo Grove IL 60089 I Term I Plaintiff(s) I CIVIL ACTION V. I COMPLAINT I KEVIN DUNN 116 4TH AVE NEW CUMBERLAND PA 17070 -1958 I I Defendant(s) 1. The plaintiff, EQUABLE ASCENT FINANCIAL, LLC , purchased the credit card/loan account owed by the defendant(s) to Chase Bank USA, N.A (WAMU). (A true and correct copy of the assignment is attached hereto as "Schedule "A" and made a part hereof.) 2. Chase Bank USA, N.A (WAMU) is a corporation engaged in the business of providing consumer credit. 3.Defendant herein is KEVIN DUNN , an adult individual, currently residing at 116 4TH AVE, NEW CUMBERLAND PA 17070 -1958. 4.Chase Bank USA, N.A (WAMU) provided consumer credit to the defendant through a Chase Bank USA, N.A (WAMU) credit card. 5.Defendant agreed to pay for the charges incurred on this credit card as they were billed by Chase Bank USA, N.A (WAMU). 6.Defendant is currently in default under the terms of the credit agreement with Chase Bank USA, N.A (WAMU). 7.The plaintiff, EQUABLE ASCENT FINANCIAL, LLC , purchased the credit card/loan account owed by the defendant(s) to Chase Bank USA, N.A (WAMU). (A true and correct copy of the assignment is attached hereto as "Schedule "A" and made a dart hereof.) 8.At the time of default, defendant is indebted to Plaintiff in the amount of $1,347.98. (A true and correct copy of the credit card statement is attached hereto as "Schedule`B" and made a part hereof.) 9.Although demand has been made upon the defendant(s) for payment of the balance of $1,347.98 the defendant(s) has failed and refused to pay same. WHEREFORE, plaintiff demands judgment against the defendant(s) in the amount of $1,347.98 together with lawful interest, attorney fees and costs of this action. SKLAR — MARKIND Lloyd S. Mar'ind, Esquire Attorney for Plaintiff (ID #52507) 102 Browning Ln, Bldg B, Ste 1 Cherry Hill NJ 08003 Dated: May 31, 2013 856/616 -8710 VERIFICATION I, Lloyd S. Markind, Esquire, of the law firm of Sklar — Markind, hereby state and verify that my firm is counsel for Plaintiff in this action; that we have reviewed certain documents and /or other records provided to us by Plaintiff for the filing of a Complaint in this action; that a substitute Verification executed by an officer or other employee of Plaintiff will be filed as soon as same is received; and that the Complaint filed herewith is true and correct to the best of my knowledge, information and belief. The undersigned understands that the statement made therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. J f1l Lloyd S. Markind, Esquire Date: Exhibit A I CHASE ! i BILL OF SALE Chase Bank USA, N.A. ( "Seller "), for value received and pursuant to the terms and conditions of Credit Card Account Purchase Agreement dated November 20, - 2009 between Seller and Hilco Receivables; LLC ( "Purchaser "), its successors and assigns ( "Credit Card Account Purchase Agreement"), hereby assigns effective as of the File Creation Date September 9, 2010 all rights, title and interest of Seller in and to those certain receivables, judgments or evidences of debt described in Exhibit 1 attached hereto and made part hereof for all purposes. The names(s) of the Borrower(s), the Account Number assigned by Seller to the Borrower(s)'Account, the Unpaid Balance as of the File Creation Date referenced in the Credit Card Purchase I Agreement for each and every Account, the Borrower( Social Securit Number, the Borrower _ _. i Address, the Borrower(s)' Phone Number and other information related to the Borrowers and the Accounts as kept and maintained in the business records of the Seller in its ordinary course of business is contained in the . File referenced iri Exhibit C hereto and Exhibif D of the Credit Card Purchase Agreement and transferred to Purchaser herewith. Furthermore, Seller attests and affies that documents (as that term in used in Section 6 of this Credit Card Purchase Agreement) as maintained in the ordinary course of its business are available to n., o h o e� qu t as set �,�rc�r7 .gee • chase A�greenretTC ludl u no limited to applications by Borrower(s) whose Accounts are being transferred hereby as well as statements reflecting or related to the Unpaid Balance as of the File Creation Date as reflected in the Seller's business records. Number of Accounts 31451 i Amounts due to Seller by Purchaser in hereunder shall be paid U.S. Dollars by a wire transfer to be received by Seller no later than September 15, 2010 (the "Closing Date ") by 2;00 p.m. Seller's time, as follows; This Bill of Sale is executed without recourse except as stated in the Credit Card Account Purchase Agreement to which this is an Exhibit. No other representation of or warranty of title or enforceability is expressed or implied. te Ban SA, N.A. ffi�l °co,- Receivables, L�L�C By. Date; September 10, 2010 Date; i y 1 Title Team Leader Title Exhibit B , r N N Mmem `N �z z 5" x 8 EB g y S is 8 i� sgm 2 Ha� 4,8 IM � g FaU iy Sm yy8 6 f;'s r'gl � yoj _ moo 1 egg Rig a � V Q � Q a Sz 0 r <�< FB- €> ro < r•:�:;o >... gK Court of Common Pleas of Cumberland County, Pennsylvania Civil Action EQUABLE ASCENT FINANCIAL, LLC Plaintiff Vs. C) KEVIN DUNN Defendant rn r... -X3 r- ; Case No 13-3570 " co —--, ;- x Response (, < Defendant responds as follows to the allegations of plaintiff's complaint -< rJ 1. Defendant lacks sufficient information to admit or deny the allegations of paragraph 1 and therefore denies the allegations. I admit that the account was purchased, however, "Schedule A" shows nowhere that Equable Ascent Financial, LLC is the party that purchased it. 2. Defendant admits the allegations of paragraph 2. 3. Defendant admits the allegations of paragraph 3. 4. Defendant denies the allegations of paragraph 4. I do not recall getting a line of credit from Chase Bank USA 5. Defendant denies the allegations of paragraph 5. "Schedule B" does not show how charges were incurred. 6. Defendant denies the allegations of paragraph 6. Since I did not request a line of credit, I did not agree to terms and conditions. They are not contained in the summons. 7. Defendant lacks sufficient information to admit or deny the allegations of paragraph 7 and therefore denies the allegations. I admit that the account was purchased, however, "Schedule A" shows nowhere that Equable Ascent Financial, LLC is the party that purchased it. 8. Defendant denies the allegation of paragraph 8. I do not agree with the validity of the debt. 9. Defendant denies the allegation in paragraph 9. For the foregoing reasons, along with the plaintiff's lack of documentation, the defendant prays that the court dismiss plaintiff's complaint with prejudice. Sincerely, 7No/Of Kevin J Dunn SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson l -Iilli'r Sheriff 'a 1 H PRO 1114���� ����'�` �ttiixjt,01�aean�� r��� Jody S Smith 2013 JUL _9 AM IQ.- 12 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor 0,11 E?FT V-=RIF PENNSYLVANIA Equable Ascent Financial LLC Case Number vs. 2013-3570 Kevin Dunn SHERIFF'S RETURN OF SERVICE 06/25/2013 07:54 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Kevin Dunn at 116 Fourth Avenue, New Cumberland Borough, New Cumberland, PA 17070. c� SON KINSLER, DEPUTY SHERIFF COST: $47.67 SO ANSWERS, June 26, 2013 .1 RON Y R ANDERSON, SHERIFF (c)CountySuilo Sheriff,Toleosoft,Inc. * •t -IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EQUABLE ASCENT FINANCIAL, LLC : No. 13-3570-CIVIL Plaintiff w KEVIN DUNK :CIVIL ACTION Defendant c�w PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to the Complaint in lieu of the Attorney Verification originally attached. Lloyd S. Markind, Esquire Attorney for Plaintiff ID #52507 102 Browning Ln, Bldg B, Ste 1 Cherry Hill NJ 08003 856/616-8710 FILE NO.: H1017988 VERIFICATION I, c - �Ui� ,verify that am an Authorized Representative for the Plaintiff,EQUABLE ASCENT FINANCIAL,LLC ,and are duly authorized to take this verification on its behalf; that statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. BY: Representativ f Plaintiff, jj EQUABLE A CENT FINANCIAL,LLC DATE: 4185865515017486 Our File No.: H1017988 KEVIN DUNN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EQUABLE ASCENT FINANCIAL, LLC No. 13-3570-CIVIL Plaintiff TERM VS. CIVIL ACTION KEVIN DUNN Defendant CERTIFICATION OF SERVICE/COMPLIANCE MATTHEW BUTLER, of full age, hereby certifies as follows: 1.1 am a paralegal employed with the SKLAR—MARKIND. 2. On I served copies of the filed Praecipe to Substitute Verification on defendant(s), KEVIN DUNN ,by sending them simultaneously by regular mail to: KEVIN DUNN 116 4TH AVE NEW CUMBERLAND PA 17070-1958 1 certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Dated: NIATTHEW BUTLER File No.: H1017988