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HomeMy WebLinkAbout14-7386 :mss sll�oh2e �Co xrtl©.f Pennsylvania Ott i IO C41rfiLIlti Docket No- i� �r {'��.'/'JJ�Jj /J�/I//j, 1140 1 1ze infi�t r t r ectlle e> o;�tltis fornr fa used sole +,dor cerrrt adrtrirt;st� ton pz Jaz s Tlzisrfom,aloes 1101 - m-ppivJ7 mt or replace ce is wfi hn tom''w2d se'mco oft l6lxdn"gsfJr OI11L7"pCIpers as reglared'y rates of cou-n., S Commencement of Action: E 0 Complaint ❑Writ of Summons ❑Petition F1 Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T CAVALRY SPV I,LLC,AS ASSIGNEE OF CAPITAL MELISSA K SMITH I ONE BANK(USA),N.A. 0 Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ®within arbitration limits w N (check one) ❑outside arbitration limits ' Is this a Class Action Suit? ❑ Yes ® No Is this an MJAppeal? ❑ Yes ® No A Name of PIaintiff/Appellant's Attorney: Apothaker Scian P.C. t. ❑ 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 I 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 M ❑Nuisance ❑Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other ❑Product Liability(does not M [I Employment Dispute: include mass tort) S Discrimination E ElSlander/Libel/Defamation ❑ Other: ❑Employment Dispute:Other C El Zoning Board T ❑Other: I , El 0 MASS TORT ❑ Asbestos N ❑ 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 [I Quo Warranto PROFESSIONAL ❑Partition ElReplevin LIABLITY E] Quiet Title ElOther: ❑Dental ❑Other: ❑Legal ❑Medical ❑Other Professional: I I_ r-iLf u-CFi�iC Our File No.: 387518 CF THE-' �ATHONOTAT, Apothaker Scian P.C. 2`1 ii DEC 2 9 P11 1: 36 BY: David J. Apothaker, Esquire COU};i'Y Attorney I.D.#38423 ", 520 Fellowship Road Suite C306,PO Box 5496 jl C f"y�•S f L JA N 1 A Mt. Laurel,NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff CAVALRY SPV I, LLC, AS ASSIGNEE OF ) COURT OF COMMON PLEAS CAPITAL ONE BANK(USA),N.A. ) CUMBERLAND CO TY 500 SUMMIT LAKE DRIVE STE 400 VALHALLA,NY 10595-1340 ) NO.: Plaintiff, ) vs. ) MELISSA K SMITH ) 304 APRIL DR ) CAMP HILL, PA 17011-5008 ) Defendant(s). ) 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 11 Ll Our File No.: 387518 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, AS ASSIGNEE OF ) COURT OF COMMON PLEAS CAPITAL ONE BANK(USA),N.A. ) CUMBERLAND COUNTY 500 SUMMIT LAKE DRIVE STE 400 ) VALHALLA,NY 10595-1340 ) NO.: Plaintiff, ) VS. ) MELISSA K SMITH ) 304 APRIL DR ) CAMP HILL,PA 17011-5008 ) Defendant(s). ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CAVALRY SPV I, LLC,AS ASSIGNEE OF CAPITAL ONE BANK(USA), N.A., 500 SUMMIT LAKE DRIVE STE 400, VALHALLA,NY 10595-1340. 2. Defendant(s) is/are MELISSA K SMITH ("Defendant'), an adult individual residing at 304 APRIL DR, CAMP HILL,PA 17011-5008. 3. Plaintiff is the Assignee and Successor in Interest of a credit account("Account'). 4. The Account number ends in 6215. 5. The Account was issued to Defendant(s) by CAPITAL ONE BANK (USA), N.A., the original creditor. 6. Defendant(s) used the account by making purchases, balance transfers, and/or cash advances. 7. The account is in default. 8. Although demand has been made, Defendant(s) failed to make payment of the amount due. 9. The amount due as of this date is $7,427.96. WHEREFORE,Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of$7,427.96 and requests this Court award costs to the extent permitted by applicable law. Apothake Scia P.C. Attorne for PI ntiff A Law Firm Eng ged in ebt Colle tion BY: David J. Apot ker, Esquire Our File No.: 387518 3875]8 VERIFICATION hereby state that I am for Plaintiff. I hereby verify that,upon information and belief based on my review of the documents and records,the facts set forth in the foregoing Civil Action Complaint are true and accurate. The undersigned understands that statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Affiant arae Defendant's Name: MELISSA K SMITH Account Number: ending in 6215 PACC Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY, t;Vis IU. J N,w1 14 OFFiCrOFTHE 5NERIFF Cavalry SPV I, LLC as Assignee of Capital One Bank (USA), N.A. vs. Melissa K Smith Case Number 2014-7386 SHERIFF'S RETURN OF SERVICE 01/05/2015 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Melissa K Smith, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 304 April Drive, Camp Hill Borough, Camp Hill, PA 17011. Deputies were informed that the defendant no longer resides at this address, moved out several years ago. Defendant called in the office and provided her employment address of 324 Market Street, Lemoyne, PA 17043 and requested that she be served at that address. 01/07/2015 05:29 PM - Deputy Jamie DiMartile, 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: Melissa K Smith at Bella Torta Bakery, 324 Market Street, Lemoyne Borough, Lemoyne, PA 17043. WA \rYkOgo(a SHERIFF COST: $63.35 January 08, 2015 (c) CountySuiie Sheriff, Tcleosoft inc. IE DIMARTILE, DEPUTY SO ANSWERS, RONNY R ANDERSON, SHERIFF