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Home My WebLink About05-0814Our File No. 204157 ,ATTORNEYS FOR PLAINTIFF ERIC M. BERMAN, P.C. BY: Eric M. Berman, Esquire, I.D. 83698 BY: Robert M. Kline, Esquire,I.D. 56479 198 Allendale Road, Suite 306 King of Prussia, PA 19406 (610) 265-7720 COURT OF COMMON PLEAS -----------------------------------------X COUNTY OF CUMBERLAND RUSHMORE RECOVERIES II,LLC c/o ERIC M. BERMAN, P.C. TRIAL DIVISION 198 Allendale Road, Suite 306 King of Prussia, PA 19406 CIVIL ACTION VS. Term, CATHERINE HINMAN 412 3RD ST NEW CUMBERLAND, PA 17070 1953 -----------------------------------------X No. OS -001 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 this complaint or for any other claim or relief required 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 OR FIND OUT WHERE YOU CAN GET LEGAL HELP. AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abagado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. A demas la la corte puede decidir a favor del demandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI NO TIENE ABOGA O SO NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE, COUNTY OF CUMBERLAND BAR ASSOCIATION Add.: 2 LIBERTY AVE., CARLISLE, PA 17013 Tel.: 800-990-9108 Our File No. 204157 ATTORNEYS FOR PLAINTIFF ERIC M. BERMAN, P.C. BY: Eric M. Berman, Esquire, I.D. 83698 BY: Robert M. Kline, Esquire,I.D. 56479 198 ALLENDALE ROAD, SUITE 306 KING OF PRUSSIA, PA 19406 (610) 265-7720 -----------------------------------------X RUSHMORE RECOVERIES II,LLC c/o ERIC M. BERMAN, P.C. 198 Allendale Road, Suite 306 King of Prussia, PA 19406 VS. CATHERINE HINMAN 412 3RD ST NEW CUMBERLAND, PA 17070 1953 ---------------------------------------------X COMPLAINT COURT OF COMMON PLEAS COUNTY OF CUMBERLAND CIVIL ACTION Term, No.OS-Jo)4/ C,(>,L'_7a? 1. Plaintiff, RUSHMORE RECOVERIES II,LLC, is a LIMITED LIABILITY COMPANY authorized to do business in the Commonwealth of Pennsylvania with its place of business at 33 WEST MAIN STREET, ELMSFORD, NY 10523-0000. 2. The Defendant(s) CATHERINE HINMAN resides at 412 3RD ST , NEW CUMBERLAND, PA 17070-1953. 3. There is due from the Defendant(s) the sum of $1,219.24 for credit extended by Plaintiff's predecessor in interest, BANKFIRST ACTIONCARD, to Defendant(s), acct, no. H23971, and which such credit was drawn and used by the Defendant(s). Defendant(s) is in default for failure to make payments for such use. 4. Plaintiff purchased and now owns this account. 5. The Plaintiff has made demand upon the Defendant(s) for payment of monies in the sum of $1,219.24 advanced to Defendant(s) through Defendant(s) use of the above-referenced credit account, but Defendant(s) has failed and refused to pay the said sum or any part thereof. 6. All applicable credits, if any, have been duly applied to Defendant(s) credit account. WHEREFORE, Plaintiff claims of the Defendant(s) the sum of $1,219.24 plus interest, attorneys fees and costs which are justly due and owing from the Defendant(s) to the Plaintiff. Dated: JANUARY 18, 2005 SPAPORT-D9 ERIC M. BERMAN, P.C. BY: 0 ERIC M. B MAN, UIRE BY: ROBERT M. KLINE, ESQUIRE Attorneys for Plaintiff VERIFICATION ROBERT M. KLINE, ESQUIRE, being duly sworn according to law, deposes and says that he is associated with the Law Firm of Eric M. Berman, P.C., and/or ERIC M. BERMAN, ESQUIRE, being duly sworn according to law, deposes and says that he is the Principal attorney of Eric M. Berman, P.C., attorneys for the Plaintiff, and as said attorney, he is authorized to take this verification on its behalf, and that the facts in the Complaint as set forth therein are true and correct to the best of his knowledge, information and belief. I verify that the statements made in the within instrument are true and correct. I understand that false statements are subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsifications to authorities. ERIC M. BERMAN, ESQUIRE ROBERT M. KLINE, ESQUIRE Dated: JANUARY 18, 2005 SPAPORT-D9 AJ G1 _ ? d I Din ERIC M. BERMAN, P.C. BY: Robert M. Kline Esq. Attorney for Plaintiff Attorney # 56479 198 Allendale Road, Suite 306 King of Prussia, PA 19406 (610) 265-7720 DISCOVER BANK c/o Eric M. Berman, P.C. 198 Allendale Road, Suite 306 King of Prussia, PA 19406 V. Plaintiff CATHERINE HINEMAN COURT OF COl\ CUMBERLAND CIVIL ACTION LA CASE NO.: 2005-008 1. Plaintiff, by and through its undersigned counsel, filed its against Defendant on or about February 14, 2005. 2. Plaintiff sought service of said Complaint upon Defendant March 3, 2005. Service of Process by the Sheriff was not obtained. A tn: copy of Sheriff's Order For Service is attached hereto and marked Exhibit 3. Plaintiff inquired of the postal authorities pursuant to the F Information Act, 39 C.F.R. Part 265, to learn that the address of whereupon the Sheriff sought to serve the complaint is the Defendant's A true and correct copy of the Freedom of Information request is attar marked Exhibit "B." 4. Plaintiff consulted various on-line address and telephone avail. PLEAS i or about and correct A." Defendant :ct address. hereto and to no Plaintiff requests that the Court allow Alternative Service b? ordinary and certified mail, return receipt requested: to wit, Pa.R.Civ.P. 430 provided t may move the Court for a special order directing the method of service if be made and a good faith effort to serve the complaint by regular service WHEREFORE, Plaintiff respectfully requests that this Honorable ( Motion for Alternative Service of the Complaint by ordinary and cf return receipt requested, upon Defendant. The Complaint shall be c served if the requirements of Pa.R.Civ.P. 403 relating to service by BY: Robert M. Kline Esg1 Attorney for Plaintiff the Plaintiff vice cannot been made. grant its d mail, °d as are met. DATED: April 1, 2005 DISCOVER BANK COURT OF COMMON PLEAS c/o ERIC M. BERMAN, P.C. CUMBERLAND CO TY 198 Allendale Road, Suite 306 King of Prussia, PA 19406 V. Plaintiff CATHERINE HINEMAN CIVIL ACTION-LA` CASE NO. 2005-008 1. I, Robert M. Kline, Esquire certify that on February 14, 20( I filed a Civil Complaint against the Defendant CATHERINE HINEMAI copy of the Complaint to the Sheriff to make service of Process at 412 3rd Sheriff was unable to make service upon Defendant. A true and correct cc Order For Service is attached hereto and marked Exhibit "A." 2. I then sent a request to the postal authorities in New Cumbe 17070, to verify that the Defendant's address was correct. The Postmaster Defendant continues to reside/receive mail at 412 3rd Street. A copy of the response is attached. I consulted various on-line address and telephone Defendant's address, to no avail. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS I sent a reet. The of Sheriff's PA A that to verify COUNTY OFCUMBERLAND I, Robert M. Kline, Esquire herby certify that the statements made in the f of Attempts to serve Defendant by Regular Service are true and correct to knowledge, information and belief and that said statements are made subj penalties of 18 Pa. C.S.A./4904 relating to unworn falsificati71-1 author / going Proof best of my to the DATED: April 1, 2005 Robert M. Kline, Attorney for Plaii 70 7 2 3' Postmaster: Date: City, State, Zip REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SE VICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following: Name:, Address: y d. - NOTE: The name and last known address are required for change of address information. The not e, if known and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d) (4) (ii). There is no fee fo r providing boxholder information. The fee for providing change of address information is waived in accordance ith 39 CFR 265.6(d) (1) and correspondence Administrative Support Manual 352.44a. 1. Capacity of requester (e.g., process served, attorney, party representing self): Attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an homey or a party acting pro se except a corporation acting pro se must cite statute): 3. The names of all known parties to the litigation: 4. The court in which the case has been or will be heard: Q 5. The docket or other identifying number if one has been issued: / 6. The capacity in which this individual is to be served (e.g., defendant or witness): WARNING THE SUBMISSION OF FALSE INFORMATION EITHER (1) TO OBTAIN AND USE CHANGE F ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE ERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSEPECTIVE LITIGATION OR ( ) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION COULD RESULT IN C IMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISIONMENT OF NOT MORE T AN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001) I certify that the above information is true and that the address information is needed and will be used solely for conjunction with actual or prospective litigation. services of legal process siin nc Signature: Robert M. Kline, Esq ire ? p. Address: Eric M Berman, P.C. Printed Name: "1't rl • /-tip 0.-L 198 Allendale Road, S uite 306 City, State, Zip King of Prussia, PA 9406 FOR POST OFFICE USE ONLY Good as addressed. NEW ADDRESS OR BOXHOLDER'S P OSTMARKED NAME AND STREET ADDRESS No change of address order on file. 0 ?Q ' V Not know at address given. 1 . 0A V L (? Z Q Moved, left no forwarding address / 1 No such address. SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-00814 P COMMONTWEALTH OF PENNSYLVANIA ?`G? COUNTY OF CUMBERLAND V RUSHMORE RECOVERIES II LLC VS HINMAN CATHERINE R. Thomas Kline Sheriff or Deputy Sher duly sworn according to law, says, that he made a dil inquiry for the within named DEFENDANT HINMAN CATHERINE unable to locate Her in his bailiwick. He therefore COMPLAINT & NOTICE the within named DEFENDANT HINMAN CATHERINE NEW CUMBERLAND, PA 1707 PER POST OFFICE, DEFENDANT'S NEW ADDRESS IS ff, who being Qent search and but was returns the FOUND , as to PO BOX 307 ELIZABETHVILLE, PA 17023-0307. Sheriff's Costs: So answerg.:-- Docketing 18.00 s Service 12.58 Not Found 5.00 R. Thomas (Kline Surcharge 10.00 Sheriff of Cumberland .00 45.58 ERIC BERMAN 03/03/2005 Sworn and subscribed to before me this day of A. D. y Prothonotary DISCOVER BANK c/o ERIC M. BERMAN, P.C. 198 Allendale Road, Suite 306 King of Prussia, PA 19406 Plaintiff V. CATHERINE HINEMAN COUNTY OF CUMBERLAND CERTIFICATION OF MAILING COMMONWEALTH OF PENNSYLVANIA COURT OF COA CUMBERLAND CIVIL ACTION-LAVE CASE NO. 2005-0081 SS I, obert M. Kline, Esquire, being duly sworn according to law, herby c 20G , a true and correct copy of PI for Alternative Service was served by mailing same by United States fir postage prepaid, to Defendant at 412 3rd Street New Cumberland, PA I PLEAS that on Motion mail, DATED: April 1, 2005 BY:_ Robert M. Klir e, Esquire c7''?' O r n SrJ fib r-._ r ? CL3 C? is a N _J SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-00814 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RUSHMORE RECOVERIES II LLC VS HINMAN CATHERINE R. Thomas Kline Sheriff or Deputy Sheriff, who eing duly sworn according to law, says, that he made a diligent sea ch and inquiry for the within named DEFENDANT HINMAN CATHERINE ut was unable to locate Her in his bailiwick. He therefore returns he COMPLAINT & NOTICE NOT FOUND as to the within named DEFENDANT HINMAN CATHERINE 412 3RD ST NEW CUMBERLAND, PA 17070 PER 'S NEW ADDRESS PO BOX 307 ELIZABETHVILLE, PA 17023-0307. Sheriff's Costs: So answers -; Docketing 18. 00 -° Service 12. 58 Not Found 5. 00 R. Th omas Cfine Surcharge 10 .00 Sheriff of Cumberland County .00 45. 58 ERIC BERMAN 03/03/2005 Sworn and subscribed to before me this day of r?af A.D. othonotary i RECEIVED APR 12 Or," DISCOVER BANK c/o Eric M. Berman, P.C. 198 Allendale Road, Suite 306 King of Prussia, PA 19406 Plaintiff V1. CATHERINE HINEMAN ORDER COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION LAW CASE NO.: 2005-00814 This matter having been brought before the Court on motion of Robert M. Kline, attorney for Plaintiff, for an Order Allowing Alternative Service of the Complaint by ordinary and certified mail, return receipt requested, and the Court having considered the matter and good cause appearing, AND NOW, to wit, this day of !1tiv 206 S Plaintiff s Motion for Alternative Service is GRANT 'Plaintiff may serve the Complaint upon Defendant by ordinary and certified mail, return receipt requested at 412 3rd Street New Cumberland, PA 17070. The Complaint shall be deemed as served if the requirements of Pa.R.Civ.P.403, relating Lei i' §,I z"do S3Ul F RUSHMORE RECOVERIES 11, LLC Plaintiff VS. CATHERINE HINMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-814 Civil Term ANSWER TO COMPLAINT 1. Admitted. 2. Denied. The defendant resides at 141 West Main Street, Elizabethville, Dauphin County, Pennsylvania. 3. Denied. To the best of defendant's knowledge, her only credit account was with Capital One, Account No. 5291 0715 1677 9236. Said account was subsequently sold to Arrow Financial and satisfied in full. To the best of defendant's knowledge she has never had account with number H23911. 4. Denied. The means of proof thereof is within the exclusive control of plaintiff and proof thereof is hereby demanded. 5. Denied. The defendant has received no demands from plaintiff. Furthermore, it is denied that defendant owes any such sums. ri 6. Denied. The means of proof thereof is within the exclusive means of plaintiff and proof thereof is hereby demanded. WHEREFORE, defendant requests your Honorable Court to dismiss the complaint of plaintiff. James H. Turner, Esquire TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 717/232-4551 Attorney for defendant Verification I verify that the statements made in the foregoing Complaint are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. _ Catherine Hinman Date: G' z ?5 s Certificate of Service I, James H. Turner, hereby certify that I served a true and correct copy of the foregoing by depositing same in the U.S. mail, first class postage prepaid, addressed as follows: Robert M. Kline, Esquire Eric M. Berman P.C. 198 Allendale Road, Suite 306 King of Prussia, PA 19406 It Date: 05/06/05 Jam . Turner RUSHMORE RECOVERIES II, LLC Plaintiff vs. CATHERINE HINMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-814 Civil Term ANSWER TO COMPLAINT 1. Admitted. 2. Denied. The defendant resides at 141 West Main Street, Elizabethville, Dauphin County, Pennsylvania. 3. Denied. To the best of defendant's knowledge, her only credit account was with Capital One, Account No. 5291 0715 1677 9236. Said account was subsequently sold to Arrow Financial and satisfied in full. To the best of defendant's knowledge she has never had account with number H23911. 4. Denied. The means of proof thereof is within the exclusive control of plaintiff and proof thereof is hereby demanded. 5. Denied. The defendant has received no demands from plaintiff. Furthermore, it is denied that defendant owes any such sums. 6. Denied. The means of proof thereof is within the exclusive means of plaintiff and proof thereof is hereby demanded. WHEREFORE, defendant requests your Honorable Court to dismiss the complaint of plaintiff. James H. Turner, Esquire TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 717/232-4551 Attorney for defendant Verification I verify that the statements made in the foregoing Complaint are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. _ Catherine Hinman Date: Z?`J Certificate of Service I, James H. Turner, hereby certify that I served a true and correct copy of the foregoing by depositing same in the U.S. mail, first class postage prepaid, addressed as follows: Robert M. Kline, Esquire Eric M. Berman P.C. 198 Allendale Road, Suite 306 King of Prussia, PA 19406 Date: 051.06105 Jam . Turner ?, _? r; J ?? : -. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RECEIVED MAY 11 Wy National City Home Loan Services, Inc. VS. Keith M. Getty CIVIL DIVISION NO. 05-1115 ORDER AND NOW, this -&A day of -MA, 2005, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendant, Keith M. Getty, by: 1. First class mail to Keith M. Getty at the last known address, 15580 Kinross Cricle, Fort Myers, FL 33912 and the mortgaged premises located at 136 North 33rd Street, Camp Hill, PA 17011; and 2. Certified mail to Keith M. Getty at the last known address, 15580 Kinross Cricle, Fort Myers, FL 33912 and the mortgaged premises located at 136 North 33rd Street, Camp Hill, PA 17011. - ? (3-? 30 Cj? THE CO T: J. ?' t (.? ??, w ? o ?? ,?? ,,? _, , ., -f? Our File No. 204157 ERIC M. BERMAN, P.C. By: Robert M. Kline, Esquire Atty. ID.No. 56479 500 North Gulph Road, Suite 350 King of Prussia, PA 19406 (484) 690-3900 Attorneys for Plaintiff RUSHMORE RECOVERIES II, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 05-814 VS. CATHERINE HINMAN STATEMENT OF INTENTION TO ROCEED TO THE PROTHONOTARY: I Kindly mark the docket to reflect that Plaintiff, Rushmore Recoveries II, LLC desires to proceed with this matter. Robert M. Kline Esquire Attorney for Plaintiff Dated: October 7, 2008 C") ?a Rix. two -D Q3 IDavidd(D. Bueff ,1 rothonotary Kirks. Sohonage, ESQ, S06citor 7750 Renee X. Simpson o:. 1't Deputy Prothonotary Irene E. 94orrow 2"'fDeputy Prothonotary office of the (Prothonotary Cumberland County, (Pennsylvania g 1 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Car(isfe, PA 17013 9 (717 240-6195 • Fax, (717 240-6573