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Home My WebLink About14-4213 Supreme Court-of Pennsylvania Cour Com Pleas ,,N et For Prothonotaty Use 0itky C`IYW BER` c D Court), Docket No: 1 The if formation collected on this fonn is used solely for court adininisttation ppaposes. This fonn.does not supplement or replace the filing and service of pleadings or other papers as required by 1mv or miles of court S Commencement of Action: E ®Complaint ❑Writ of Summons ❑Petition E]Transfer from Another Jurisdiction E]Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T CAVALRY SPV I,LLC BERNEL STAPLETON I Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ®within arbitration limits O (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an NffiJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: Apothaker Scian P.C. ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] 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 ❑Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ® Debt Collection: Credit Card ❑ Board of Assessment ❑Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑Nuisance ❑ Dept.of Transportation ❑Premises Liability ❑ Statutory Appeal: Other ❑Product Liability(does not S include mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/Defamation Discrimination ❑Other: ❑ Employment Dispute: Other C ❑Zoning Board T ❑ Other: I ❑ Other: o MASS TORT NEl Asbestos ❑Tobacco ❑Toxic Tort-DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort-Implant ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain/Condemnation ❑Declaratory Judgment B ❑ Other: ❑ Ground Rent ❑Mandamus j ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order ❑Mortgage Foreclosure:Commercial ❑ Quo Warranto PROFESSIONAL ❑Partition ❑Replevin LIABLITY ❑ Quiet Title ❑ Other: ❑Dental El Other: ❑Legal ❑Medical ❑ Other Professional: I Updated 1/1/2011 Li Our File No.: 376048 ` 1 � )+r4 Apothaker Scian P.C. i'(�jy JI BY: David J. Apothaker, Esquire Z j , Attorney I.D.#38423 �� Er��! � 52 B Fellowship Road Suite C306 �'e+°d��$�� N r�' Mt. Laurel,NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff CAVALRY SPV I, LLC ) COURT OF COMMON PLEAS 500 SUMMIT LAKE DRIVE STE 400 ) CUMBERLAND C T VALHALLA,NY 10595-1340 2L Plaintiff, ) NO.: VS. ) BERNEL STAPLETON ) 7 RICHLAND LN APT 206 ) CAMP HILL, PA 17011 ) Defendant. ) 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. 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 a V loULM Our File No.: 376048 .Apothaker Scian P.C. BY: David J. Apothaker, Esquire Attorney I.D.#38423 520 Fellowship Road Suite C306 PO Box 5496 Mt. Laurel,NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff CAVALRY SPV I, LLC ) COURT OF COMMON PLEAS 500 SUMMIT LAKE DRIVE STE 400 ) CUMBERLAND COUNTY VALHALLA,NY 10595-1340 ) NO.. Plaintiff, ) VS. ) BERNELSTAPLETON ) 7 RICHLAND LN APT 206 ) CAMP HILL, PA 17011 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CAVALRY SPV I,LLC, 500 SUMMIT LAKE DRIVE STE 400, VALHALLA,NY 10595-1340. 2. Defendant(s) is/are BERNEL STAPLETON ("Defendant"), an adult individual residing at 7 RICHLAND LN APT 206, CAMP HILL, PA 17011. 3. Plaintiff is the Assignee and Successor in Interest of a credit account("Account"). 4. The Account number ends in 0964. 5. The Account was issued to Defendant by FIA Card Services, NA/FIRSTBANK PR, the original creditor. 6. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 7. The account is in default due to Defendant's failure to make timely payments. 8. Although demand has been made, Defendant has failed to make payment of the amount due. 9. The amount due as of this date is $4,746.42. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant for the sum of$4,746.42 and requests this Court award costs to the extent permitted by applicable law. Apothaker Si n P.C. Attorney or Pl intiff A Law Firm Eng ged in ebt Collection BY: David J. Apothaker, Esquire Our File No.: 376048 37604$ VERIFICATION I, 'b b�_LSA r.2. hereby state that I amA(," (p �W;� for Plaintiff. I hereby verify that,upon information and belief,the statements made in the foregoing Civil Action Complaint are true and accurate. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Affiant Name Defendant's Name: BERNEL STAPLETON Account Number: ending in 0964 HankofArzierka EXHIBIT C BTLL OF SALE AND A.SSj(-JNMENT01` L0ANS, THIS BILL OF SALE AND ASSIGNMENT OF LOANS is made and entered into between CAVALRY SPS' 1, LLC ("Purchaser`'') and FIA CARD SERVICES, N.A. pursuant to the Loan Sale Agreement dated June 191. 2013 (the "Agreement") entered into between Purchaser and Seller. Capitalized terms not defined herein, shall have the same meaning as defined in the Agreement. (a) In consideration of the payments made pursuant to the Agreement and such other good and valuable consideration,the receipt and legal sufficiency of which are hereby acknowledged. Seiler does hereby sell, transfer,convoy,assign and deliver to Purchaser all of Seller's right,title and interest in and to each and all of the Loans, as included on the electronic file referenced in Schedule I of the Loan Agreement as BAC Bulk Cavalry Sale File 0613 Finai.xlsx,without recourse and Without representation or warranty of any type, kind,character or nature,express or implied,except as specifically provided in the Agreement, and sut3ject to Buyer's and Seller's repurchase rights as set fofth in the Agreement. (b) Purchaser hereby,accepts such sale,transfer, conveyance, assignment, and delivery of the Loarts, including without limitation the right to all principal, interest or other proceeds of any kind with respect to the Loans remaining due and owing as of the Cut-OffDate applicable to Such Loans. (c) Nothing in this Bill of.Sale and Assignment of Loans shall be deemed to modify, limit or amend any of the rights or obligations of Purchaser or Seller under the Agreement.. This Bill of Sale and Assignment of Loans shall inure to the benefit of and be binding upon,the respective; permitted successors and assigns of Seller and Purchaser and shall be governed by and construed and interpreted in accordance with the Agreement and the laws of the State of Delaware., without regard to such state's principles of conflicts of law. (d) This Bill of Sale and Assignment of Loans may,be executed by facsimile or electronic transmission in multiple counterparts, each of which shall be an original,but together shall constitute one and the same instrument. IN WITNESS WHEREOF, each party, o I ,through its duly authorized officer. has caused this Biil of Sale and Assignment of Loans to be executed jr,their name thi-, 171"day of rune,20 i'). SELLER/ASSIGNOR: BUYER/ASSIGNEE: FIA CARD SERVICES.Ni .A. CAVALRY S pVr 1,LLC Bv: By, Name: Debra 1,Pellicciaro Nai-ue: c-� Title: Vice_President..--------___-- T i tie: —------------- Fzi,,,:302.4 S.N'18 Bulk 6/19/13 Ra;_i:4Amcrica:AsscSalus Dt�ej I H,6 5[2j,r,,r'.Vial ko;v4, ark,I'F `S+'7L', Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Q1�atp o[ E IInbro.�t,9a '4.;- ' OFFICE OF THE SHERIFF FILED -OFFICE OF THE PROTHONOTARY .OI4AUG -1 Atilt: 32 CUMBE'RLA'ND COUNTY PENNSYLVANIA Cavalry SPV I, LLC vs. Bernel Stapleton Case Number 2014-4213 SHERIFF'S RETURN OF SERVICE 07/25/2014 08:45 PM - Deputy Dawn Kell, 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: Bernel Stapleton at 7B Richarland Lane, Apt. 206, East Pennsboro, Camp Hill, PA 17011. DAWN KELL, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, July 28, 2014 RONPIY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoff. Inc. I Our File No.: 376048 "f)N Apothaker Scian P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff'=' Cf) i-, -,-_ CAVALRY SPV I, LLC ) COURT OF COMMON PLEAS +n ; �:{ ) CUMBERLAND COUNTY=c.„ --CD ;' Plaintiff, ) _<)----" IN). '' vs. ) DOCKET NO.: 14-4213 v Cc, BERNEL STAPLETON ) Civil Action v c =-{ Defendant. ) STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on August 18, 2014, STIPULATED by and between CAVALRY SPV I, LLC ("Plaintiff') and BERNEL STAPLETON ("Defendant"), as follows: 1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $4,746.42, plus court costs in the amount of $158.70, for a total of $4,905.12. 2. Defendant agrees to remit payment(s) in the following manner: a. $205.12 to be paid on or before August 22, 2014; b. $100.00 to be paid on or before the 22" day of each month, beginning September 22, 2014 until paid in full. You or your representative authorized twelve (12) post-dated checks, listed above. 3. All payments shall be made payable to "CAVALRY SPV I, LLC", and sent to the office of Plaintiff's attorney, Apothaker Scian P.C., located at the following address: Apothaker Scian P.C. 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 4. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation and the default is not cured within ten (10) days, then Plaintiff shall be 1 entitled to obtain the entry of Judgment against Defendant in the suit amount, plus court costs, as specified in paragraph one (1) of this stipulation less any sums paid pursuant to this Stipulation, upon ex parte application, with supporting certification, and with notice to Defendant in the form of a copy of the application addressed to Defendant by first- class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. Apothaker Scian P.C. Attorneys for Plaintiff A Law Firm En d in Debt Collection By: Benjamin . al aro, Esquire Attorney ID# 307949 2