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Home My WebLink About14-4940 1upreme Court of Pennsylvania k ,/l Cour f Com Pleas For Prothonotan'Use Only: Ilteet D Count), Docket No: q, STS A r o The information collected on this form is used solely for court administration purposes. This form. does not supplement or replace the filing and service of pleadings or other papers as required by lacy or rules of court. SCommencement of Action: E ®Complaint ❑Writ of Summons ❑Petition El from Another Jurisdiction FlDeclaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T CAVALRY SPV I,LLC DAVID A DREESE I Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ®within arbitration limits Q (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ 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) El Employment Dispute: Discrimination E ElSlander/Libel/Defamation ❑ Other: El Employment Dispute: Other C ❑ Zoning Board T ❑ Other: I ❑ Other: o MASS TORT N El 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 ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL ❑ Partition ❑ Replevin LIABLITY ❑ Quiet Title ❑ Other: ❑Dental ❑ Other: ❑Legal ❑Medical ❑ Other Professional: Updated 111/2011 'Our File No.. 377999 r` T I-i0,:'v `^: �r t f' Apothaker Scian P.C. t ��AiX BY: David J. Apothaker, Esquire Attorney I.D.#38423 '11BERLAPSD Couhj, f 520 Fellowship Road Suite C306 E"S YLVA�JA 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 UNJY VALHALLA, NY 10595-1340 ) Plaintiff, ) NO : I�- y�� 1 V( vs. ) DAVID A DREESE ) 61 SHARON RD ) ENOLA,PA 17025-1828 ) 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 opt4 19 ltS,7S al Cuff ll/g a y * Z ) Dlo6 Our File No.: 377999 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 ) Plaintiff, ) NO.: VS. ) DAVID A DREESE ) 61 SHARON RD ) ENOLA, PA 17025-1828 ) 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 DAVID A DREESE ("Defendant"), an adult individual residing at 61 SHARON RD, ENOLA, PA 17025-1828. 3. Plaintiff is the Assignee and Successor in Interest of a credit account("Account"). 4. The Account number ends in 7208. 5. The Account was issued to Defendant by FIA Card Services,NA,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 a g payment of the amount due. 9. The amount due as of this date is $12,603.39. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant for the sum of$12,603.39 and requests this Court award costs to the extent permitted by applicable law. ApothakOSciaz P.C. Attorne�for Plaintiff A Law Firm Engaged in lbebt Collection" BY: David J. Apothake/saqui-re Our File No.: 377999 377999 VERIFICATION I, r hereby state that I am 004-1121J UQ— 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. f cant Name Defendant's Name: DAVID A DREESE Account Number: ending in 7208 VisAJGNATURE ` DAVID A DREESE Account Number:- 7208 April 22-May 22,2012 Account Information: www.bankofamerica.com Payment Information Mail billing inquiries to: New Balance Total.............................. I Account Summary Bank of America "' $0.00 Previous Balance.......... . Current Payment Due........................................................................$0.00 $12,603.39 P.O.Box 982235 Payments and Other Credits.........-12,603.39 EI Paso,TX 79998-2235 Mail payments to: Purchases and Adjustments....................0.00 Total Minimum Payment Due....•........................................................ Bank of America Payment Due Date...................................................•....................6/9/12 Interest Charged...............................................0.00 P.O.Box 15019 Wilmington,DE 19886 5019 Late Payment Warning:If we do not receive your Total Minimum Payment by New Balance Total....... the date listed above,you may have to pay a late fee of up to$35.00 and """""""""' ...$0.00 Customer Service: your APRs may be increased up to the Penalty APR of 29.99%. 1.800.421.2110 Total Credit Line...................................$0.00 Cash Credit Line...........................$3,180.00 (1.800.346.3178 TTY) Statement Closing Date....••.............5/22/12 Days in Billing Cycle..................................31 Transaction Posting Date Date Description Reference Account Payments and Other Credits Number Number Amount Total 04/30 CHARGE-OFF ADJUSTMENT —12,603.39 Interest Charged —$12,603.39 05/22 05/22 Interest Charged on Purchases 05/22 05/22 Interest Charged on Balance Transfers 0.00 05/22 05/22 Interest Charged on Dir Dep&Chk CashAdv 0.00 05/22 05/22 Interest Charged on Bank Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 0.00 $0.00 2012 Totals Year-to-Date Total fees charged in 2012 $140.00 Total interest charged in 2012 $931.82 N BANK OF AMERICA P.O.BOX 15019 Account Number: - 7208 WILMINGTON,DE 19886-5019 NewBalance Total ................•....................•...........................$0.00 Total Minimum Payment Due.....................................................0.00 Payment Due Date ...................................................06/19/12 DAVID A DREESE _ 61 SHARON RD Enter payment amount $�� w1-- g tq ENOLA PA 17025-1828 I - .I ! T2 Check here for a change of mailing address or phone numbers. Please provide all corrections on the reverse side. Mail this coupon along with your check payable to:Bank of America IMPORTANT.INFORMATION ABOUT THIS ACCOUNT -- USE711 Rev.06/11 CUSTOMER TIPS FOR DISPUTED ITEMS Many times disputed charges are legitimate charges that customers may not recognize ONLINE or remember.Before disputing a charge,we recommend that you verify a few things Online Banking is available 24 hours a day,7 days a week and and make every effort to resolve the dispute with the merchant.Often themerchant can allows you to view the most recent activity on your account. anstiveryour questions and easily resolve ,your dispute.The merchant's phone number may be located on your receipt or billing statement. • Has a credit posted toyour account? PHONE Please allow up to 30 days from the date on your credit voucher or L866.266.0212 acknowledgement letter for the merchant credit to post. For prompt service,please have the merchant reference number(s) Is the charge or amount unfamiliar? available for the chaxge(s)in question. • Check with other persons authorized to use the account to make sure they did not make the charge.It is possible that the merchants'billingnames and store names are different or amounts can easily be confused with similar I MAIL charges or include tips. Attn:Billing Inquiries PO Box 982235,El Paso,TX 79998 One way to check for the credits or to view transaction details is to look at your When writing,please include Your Name,Account Number,the account statements online.Ifyou are not enrolled in Online Banking,it is easy to Disputed Amount,Merchant Name,Transaction Date,and enroll using the web address on the front of your statement or give us a call. reference number of the disputed item and specific details regarding your nd the Please remember:If you find an error on your bill,you must notify us no later than merchant's's respons iu each instance.P easeute,incluindates of contact withlinclude all sumerchant pe rting 60 days after we sent your first statement on which the error or problem appeared documentation,including sales and credit vouchers,contract and to preserve your billing rights. postage return receipts as proof of any returns. PAYING INTEREST TATIN We will not charge interest on Purchases on the next statement if you pay the New TOTInterest Charges accL INTEREST CHRiue and GE are COPclompounded on a daily basis.To determine the Balance Total in full by the Payment Due Date,and you had paid in full by the previous Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Payment Due Date.We will begin charging interest on Balance Transfers and Cash Periodic Rate and that result is multiplied by the number of days in the billing cyce.To I Advances on the transaction date. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE determine the total Interest Charge for the billing cycle,we add the Periodic Rate Interest Charges together.A Daily Periodic Rate is calculated by dividing an Annual Percentage Average Daily Balance Method(including new Purchases): Rate by 365. We calculate separate Balances Subject to an Interest Rate for Purchases and for HOW WE ALLOCATE YOUR PAYMENTS each Introductory or Promotional Offer balance consisting of Purchases.We do this by: If your account has balances with different APRs,we will allocate the amount of (1)calculating a daily balance for each day in the billing cycle;(2)adding all the daily your payment equal to the Total Minimum Payment Due to the lowest APR balances first balances together;and(3)dividing the sum of the daily balances by the number of days (including transactions made after this statement).Payment amounts in excess of your in the billing cycle. Total Minimum Payment Due will be applied to balances with higher APRs before balances To calculate the daily balance for each day in this statement's billing cycle,we:(1) with lower APRs. take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE multiplied bythe previous day's daily balance;(3)add new Purchases,new Account Fees, When using the optional Pay-by-Phone service,you authorize us to initiate an and new Transaction Fees;and(4)subtract.applicable payments and credits.If any daily electronic payment fromyour account at the financial institution you designate.You must balance is less than zero we treat it as zero. authorize the amount and timingo£each a payment.For your protection,we will ask for security information.A fee may apply for expedited service.To cancel,call us before the Average Balance Method(including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, scheduled payment date.Same-day payments cannot be edited or canceled. Cash Advances,and for each Introductory or Promotional Offer balance consisting of YOUR CREDIT LINES Balance Transfers or Cash Advances.We do this by:(1)calculating a dailybalance for each The Total Credit Line is the amount of credit available for the account;however,only a day in this statement's billing cycle;(2)calculatinga daily balance for each day prior to this portion of that is available for Bank Cash Advances.The Cash Credit Line is that amount statement's billing cycle that had a"Pre-Cycle balance"—a Pre-Cycle balance is a Balance you have available for Bank Cash Advances.Generally,Bank Cash Advances consist of Transfer or a Cash Advance with a transaction date prior to this statement's billing ATM Cash Advances,Over the Counter(OTC)Cash Advances,Same-Day Online Cash cycle but with a posting date within this statement's billing cycle;(3)adding all the daily Advances,Overdraft Protection Cash Advances,Cash Equivalents,Returned Payments, balances together;and(4)dividing the sum of the daily balances by the number of days in and applicable transaction fees. this statement's billing cycle. MISCELLANEOUS To calculate the daily balance for each day in this statement's billing cycle,we:(1) —Promotional Rate End Date:This date is based on a future statement closing date. take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate Ifyou change your payment due date,this date could change.Transactions must.meet multiplied by the previous day's daily balance;(3)add new Balance Transfers,new Cash offer conditions in order to qualify for the promotional rate. gr For the complete terms and conditions of your account,consultyour Credit Card Advances and Transaction Fees;and(4)subtract applicable payments and credits.If any daily balance is less than zero we treat it as zero. Agreement.FIA Card Services is a tradename of FIA Card Services,N.A.This account To calculate a daily balance for each day prior to this statement's billing cycle that is issued and administered by FIA Card Services,N.A. had a Pre-Cycle balance;(1)we take the beginning balance attributable solely to Pre-Cycle balance(which will be zero on the transaction date of the first Pre-Cycle balance);(2) add an amount equal to the applicable.Daily Periodic Rate multiplied bythe previous day's daily balance;(3)and add only the applicable Pre-Cycle balances and their related Transaction Fees.We exclude from this calculation all transactions posted in previous billing cycles. PAYMENTS We credit mailed payments as of the date received,if the payment is:(1)received by Ifyourbilling address orcontact information has changed,or if your address is 5 p.m.local time at the address shown on the remittance slip on the front of your monthly incorrect as it appears on this bill,please provide all corrections here. statement;(2)paid with a check drawn in U.S.dollars on a U.S.financial institution or a U.S.dollar money order;and(3)sent in the return envelope with only the remittance portion of your statement accompanying it.Payments received by mail after 5 p.m.local Address 1 time atthe remittance address on any day includingthe Payment Due Date,but that otherwise meet the above requirements,will be credited as of the next day.Payments made online or by phone will be credited as of the date of receipt if made by 5 p.m.Central. Address 2 Credit for any other payments may be delayed up to five days, No payment shall operate as an accord and satisfaction without the prior written ■ approval of one of our Senior Officers, City We process most payment checks electronically by using the information found on your check.Each check authorizes us to create a one-time electronic funds transfer(or process it as a check or paper draft).Funds may be withdrawn from your account as State —. _ zip soon as the same day we receive your payment.Checks are not returned to you. —' For more information or to stop the electronic funds transfers,call us at the Area Code& number listed on the front. Home Phone If you have authorized us to payyour credit card bffi automatically from your savings or checking account with us,you can stop the payment on any amountyou think is Area Code& wrong.To stop payment,your letter must reach us at least three business days before Work Phone the automatic payment is scheduled to occur. -- — VIS-AJGNATURE - 7208 April 22-May 22,2012 Page 3 of 4 Your Annual Percentage Rate(APR)is the annual interest rate on your account. Annual Promotional Promotional Promotional Balance Interest Percentage Transaction Offer ID Rate End Subject to Charges by Rate Type Date Interest Transaction Purchases 0.008 Rate Type Balance Transfers 0.008 $0.00 Direct Deposit and Check Cash 0.008 $0.00 Advances $0.00 Bank Cash Advances 0.008 $0.00 Bank of America EXHIBIT C THIS BILL OF SALE AND ASSIGNMENT OF LOA'S made and entered 1, LLC itered into between (, VALRY SPV A and FLA CARD SERVICES, N.A. ("sellerll pursuant to the Loan Sale Agreerneilt dated September !35� 20!3 (the "Agi:eefilent") entered into between Purchaser and Seller. Capitalized herein. shall have the SaMC-Dleaningas defined in the Agreepnent. terrns not defined (a) In consideration of the payments made pursuant to the Agreement and Such Other good and valuable co-tisideratiorl, the receipt and - leg C� lsufficiency of which are hereby acknowie(iged, Seller does hereby sell, transfer.,convey, assign and deliver to Purchaser all of Seller's right, title and interest in and to each and all of the Loans,as included oil the electronic file referenced in Schedule I of the Loan Agreement as BAC PA Post Seconds Cavalry Sale File 0913 FiYial.xls,<, 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 subject to Buyer's and Seller's repurchase rights as set forth in the Agreement. (b) Purchaser hereby accepts such sale,transfer,conveyance,assignment, and delivery of the Loans, including Without limitation tile right to all principal,I interest or other proceeds of any kind with respect to the Loans remaining due and owing as of the Cut-Off Date applicable to such Loans. 1( kc) Nothing in this [dill of Sale and Assignment of Loans shall be deemed to inodify, lirnit or aniend any of the rights or obligations of Purchaser or Seller under the Agreement. This Bill of Saie and Assigm-nent of Loans shall iDUre to the born fit of and be binding upon, the respective, PCI-Illitted Successors and assigrf,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 0 f conflicts flicts of law. (d) This Bill of Sale and Assignment of loans may be executed by facsimile Or electronic,transmission in multiple counterparts, eacil of which shall be an original, but together'shall constitute one and tile same instrument. IN WITNESS WHEREOF,each party, through its duly authorized officer, has caused this Bill of Sale and Ass'9111110111 of Loans to be executed in their name this ,6'`'dfay,of sentel-p, bei. 0!3. SULER/ASSIGNOR.- FFA CAIU),� /ERNJCES.NyA. CAVALRY SP / V 1,LLC 'Y 1), ( 111/ y — /1– 14 Name., j)ebC4-WPAUtcLciqrO l'itle: Vice ident ---------- ------ PA Post Seconds Fax: 458,0438 Rvpe rU,R'o-a-d.'Ncwark;DE I -ij k"cil 1,u Nyvo PURCHASE—DATE ACCT—NO CONTRACT—DATE ORIG_LAST—PAY_DATE CREDITOR INITIAL BALANCE ATLASYN_FULL_NAME(RR.NAME_U) SS NO 9/26/2013 7208 7/15/2002 9/7/2011 FIA Card Services, NA 12603.39 DA DREESE 646 VID A le://Ml/DOCS/FILES/377000/377999/377999_david dreese 03-24-2014_02-15-24_schedulea-18875543.txt[5/13/2014 11:42:19 AMI SHERIFF'S OFFICE OF CUMBERLAND COUNTY /io�/ ~��r��"� .`� / � 1, t' �n �u 411 tn. ~,�/ RonnyR Anderson Sheriff ^^»�v JodySmith S`' "Chief Deputy s' R�hmrdVVStmxxart Solicitor o��v��w� ?o/' o/ '� -"Au ~ ��n —`/vJy7 ~« 7y Cavalry SPV I, LLC vs. David A Dreese Case Numbe 2014-4940 SHERIFF'S RETURN OF SERVICE 09/102014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligensearch and inquiry for the within named Defendant to wit: David A Deeao, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 61 Sharon Road, East Pennsboro, Enola, PA 17025. Deputies were advised by neighbors that the defendant is in the Hospital, deputies called Holy Spirit and Harriburg Hospital but the defendant was not a patient in either one. SHERIFF COST: $48.08 SO ANSWERS, September 18, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. R NR -R ANDERSON, SHERIFF