HomeMy WebLinkAbout05-5924
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACY, AS ASSIGNEE OF
HOUSEHOLD BANK
Plaintiff
No. 0 $" - S'9 ;)..y
c./ ()LL 18L~
VS,
PRAECIPE TO FILE FOREIGN JUDGMENT
PATRICIA M. FARRELL
Defendant
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
WILLIAM T. MOLCZAN, ESQUIRE
PA LD.#47437
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04471265
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03C 2423
CACV, as Assignee of HOUSEHOLD BANK
VS
PATRICIA M. FARRELL
EXEMPLIFICATION OF RECORD
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COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, ss
I, RICHARD C. MORRISSEY ASSISTANT CLERK of the DISTRICT
COURT DEPARTMENT, SPRINGFIELD DIVISION, COUNTY and COM1VIONWEALTH
aforesaid,
DO CERTIFY, THAT ROBERT F. KUMaR, JR. ESQUIRE, whose
signature is affi;r:ed to the papers hereto annex:ed, is JUSTICE OF THE DISTRICT COURT
DEPARTMENT, DIVISION, SITTING AT SPRINGFIELD,
and thatfullfaith and credit are and ought to be given to his acts as aforesaid; and that the
certificate is in due form.
AND I FURTHER CERTIFY, THAT I know the signature of the said
ROBERT F. KUMaR, JR. and that the signature affi-t:ed to the papers hereunto
annexed is the genuine signature of the said ROBERT F. KUMaR, JR.
IN TESTIMONY WHEREOF, I have hereunto sIt my hand and caus%(fse seal
of the said Court to be hereunto affi-t:ed this 22nd day of Ju Y A.D. .
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COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, ss
~ ROBERT F. KUMaR, JR.
DEPARTivfENT,
COUNTY and COMMONWEALTH aforesaid,
JUSTICE OF THE DISTRICT COURT
DIVISION, SITTING AT SPRINGFIELD,
DO CERTIFY, THA T RICHARD C. MORRISSEY whose signature is
affixed to the papers hereto annexed, is ASSISTANT CLERK of the
DISTRICT COURT DEPARTMENT, DIVISlON OF SPRINGFIELD, and hath authority to
receive complaints and issue warrants; he also hath the keeping of the files, records and
proceedings of said Court, and is, by law, the proper person to make out and to certify copies
of the files. records and proceedings of said Court, and that full faith and credit are and ought
to be given to his acts and attestations done as aforesaid and that this attestations to the papers
hereto annexed are in due form.
I FURTHER CERTIFY, THAT I know the signature of the said RICHARD C. MORRISSEY
and that the signature affir:ed to the annexed papers is the genuine
sig/lature ofth" said RICHARD C. MORRISSEY
IN TESTUvlONY WHEREOF, I have hereunto set my hand al1(! caused the seal
afsaid CUllrt to be affixed this 22nd day of July A.D. 2005,
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COMMONWEAL TH OF MASSACHUSETTS
HAMPDEN. ss
SPRINGFIELD DISTRICT COURT
Civil Action No, . ')
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CACV. as Assignee of
Household Bank.
Plaintiff:
COMPLAINT
v.
Patricia M, Farrell.
Defendant.
PARTIES
1, CACV, (Plaintiff or CACV) is a Colorado corporation with a principal
place of business at 1999 Broadway, Suite 2150, Denver, CO 80202.
2, Patricia M. Farrell (Defendant or Farrell) is a natural person residing at
266 Rosewell Street, Springfield, MA 01109.
FACTS COMMON TO ALL COUNTS
3, On or around May 4, 2000, Farrell entered into an agreement with
Household Bank (Credit Grantor) for the extension of credit through the
use of a credit card (the credit card agreement).
4, Thereafter, the Defendant purchased goods, services and/or merchandise
with the credit card, and the associated line of credit, issued by the Credit
Grantor.
5 The Defendant purchased $5554.07 worth of goods, services and/or
merchandise inclusive of interest and fees with the credit card, and
associated line of credit, issued by the Credit Grantor.
6, Credit Grantor transferred funds on Defendant's direct behalf to all of the
merchants and service providers to whom the Defendant had used her
credit card as the method of payment.
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7 On November 30, 2001 the Credit Grantor charged off the Defendant's
credit card balance in the amount of $5554.07 becausc the Defendant had
failed to make the required monthly payments due to the Credit Grantor
pursuant to the terms of the credit card agreement.
8 On or around December 21, 200 I the Credit Grantor sold the Defendant's
$5554.07 balance (Defendant's Account) to Plaintiff, CACV. Pursuant to
this purchase and sale the Credit Grantor assigned all of its contractual
rights. originating from the credit card agreement between Credit Grantor
and Defendant, to Assignee, CACV.
9. The sale of Defendant's Account to CACV was part of Credit Grantor's
bulk sale to CACV of similarly charged off credit card accounts.
10, Following December 21.2001, CACV retained the 1. A. Cambece Law
Office, P.c., (Cambece Law) to collect the $5554.07 the Defendant OWeS
CACV, as the valid Assignee of Credit Grantor's contractual rights.
II To date, the Defendant's obligations to the Plaintiff have not been satisfied
and as a direct and proximate result of the Defendant's actions the
Plaintiff suffered damages.
BREACH OF CONTRACT
12. On or around May 4, 2000, Farrell entered into an agreement with
Household Bank (Credit Grantor) for the extension of credit through the
uSe of a Household Bank credit card.
13, Thereafter, the Defendant purchased $5554.07 worth of goods, services
and/or merchandise with the credit card, and the associated line of credit,
issued to by the Credit Grantor.
14, Credit Grantor transferred funds on Defendant's direct behalf to all of the
merchants and service providers to whom the Defendant had used her
credit card as the method of payment.
15, On November 30, 200 I, the Credit Grantor charged off the Defendant's
credit card balance in the arnount of $5554.07 because the Defendant had
defaulted on her obligation to Credit Grantor by failing to make the
required monthly payrnents due to the Credit Grantor pursuant to the terms
of the credit card agreement.
16. On or around Decernber 21, 200 I, the Credit Grantor assigned to Plaintiff
all of the Credit Grantor's contractual rights originating from the credit
card agreement between Credit Grantor and Defendant.
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]7, Defendant presently oWes Plaintiff $5554.07.
18 Despite Plaintiff's counsel's attempts to resolve this matter the Defendant
has not paid the Plaintiff in full and is thereby in breach of contract with
the Plaintiff, the assignee of the Credit Grantor's contractual rights
originating from the credit card agreernent between Credit Grantor and
Defendant.
19 Defendant is in breach of contract.
20, As a direct and proximate result thereof, the Plaintiff has suffered
substantial damages.
ACCOUNTS ANEXED
21 On or around May 4, 2000, Farrell entered into an agreement with
Household Bank (Credit Grantor) for the extension of credit through the
uSe of a Household Bank credit card.
22, As set forth in the account annexed hereto (Exhibit A) the Defendant
purchased $5554.07 worth of goods, services and/or merchandise with the
credit card, and the associated line of credit, issued by the Credit Grantor.
23, Credit Grantor transferred funds on Defendant's direct behalf to all of the
merchants and service providers to whom the Defendant had used her
credit card as the method of payment.
24, On November 30, 2001, the Credit Grantor charged off the Defendant's
credit card balance in the amount of $5554.07 because the Defendant had
defaulted on her obligation to Credit Grantor by failing to make the
required monthly payments due to the Credit Grantor pursuant to the terms
of the credit card agreement.
25, On or around December 21, 2001, the Credit Grantor assigned to Plaintiff
all of the Credit Grantor's contractual rights originating frorn the credit
card agreement between Credit Grantor and Defendant.
26 Defendant presently owes Plaintiff $5554.07, as set forth in the account
annexed hereto (Exhibit A).
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27, Despite Plaintiff's counsel's attempts to resolve this matter the Defendant
has not paid the Plaintiff in full and is thereby in breach of contract with
the Plaintiff, the assignee of the Credit Grantor's contractual rights
originating from the credit card agreement between Credit Grantor and
Defendant.
28 As a direct and proximate result thereof, the Plaintiff has suffered
substantial damages.
A I..Uti OUP.Y. .yJfjjD
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RELIEF REQUESTED
The Plaintiff requests entry of judgment against the Defendant, Farrell in the
amount of $5554.07 as set forth in the account annexed hereto (Exhibit A), and
such other relief as this Court finds equitable and just.
Plaintiff,
CACV
By its attorneys,
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J. A. Cambece Law Offic,e, p.C---
J. Anthony Cambece (632483)
David C. Crossley (648197)
8 Bourbon Street
Peabody, Massachusetts 01969
(888) 535-6161
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DOCKET NO. (fo"'~byC/oHt:l
STATEMENT OF DAMAGES
Sl1996. c. 358, 5 5
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Trial Court of Massachusetts
Olstnct Court Department
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PLAfNTIFF(S)
C~\iv
DEFENOANT(S)
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DISTRICT COURT
lNSTRUCTlONS: THIS FORM MUST 8E COMPLETED AND FILED WITH
THE. COMP\Jo.INT OR OTHER INITIAL PLEADING IN ALL DISTRICT COURT
CIVIL ACTK)N.S SEEKING MONEY DAMAGES IN BARNSTABLE.
eERKSHIRE.. 8RtSTQL. DUKES. ESSEX. FRANf(UN. HAMPDEN.
HAMPSHIRE. IoAIODtEsex. NANTUCKEt AND NORfOLK COUNTIES.
TORT CLAIMS
AMOUNT
A Documented medical expenses to date:
1. T atal hospital expenses: . 0 . 0 . 0 . 0 0 0 _ 0 . , . ~ . 0 . , . . . , . . ~ . . . . . . , . . . . . . . . 0 . 0 . . . 0 0 . . , . . . - -
2. T atal doctor expenses: . . . . 0 . . . . _ . . . . , . . _ . . ~ . . . _ . _ . . _ 0 . 0 . _ . . _ _ . 0 . 0 . . _ . . . 0 . . . . 0 - . - -
3. Total chiropiOctic e>;:penses: '" _ . '. . 0 . 0 _ . . . . . . . . . _ . . . . . . . . . . . _ . . . . 0 _ . . . . . 0 . . . - . 0 - + .
s
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4. T otaf physic21 therapy expenses:
5. Total olher expenses (Describe):
- 0 . ~ + _ + _ . _ . ~ _ _ . _ . _ _ . _ _ _ . _ . 0 + + _ _ + . . + _ + 0 0 _ . _ . 0 . . , . . 0
s
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SUBTOTAL
$
$
B. OOClXTlcnted lost wages and compensaoon to date:
C. Docunented property dama~o;>,s 10 date:
'J._~~_
O. Reasonably anticipated future medK:;:a1 and hospital: expenses: ... + . . _ + _ + 0 . + + + - 0 + . + 0 . . - _ . . . . , +
E. Reasonably anticipated lost wages: .. + . . . _ . . . . _ + . . . . . . . . . . . _ _ ~ . . . ~ . . . . + . + 0 . + _ 0 + + + _ 0 - + > .
F. Other documented items of damage (Describe):
$
$
$
G. Brief desaiplion of Plaintiffs i1jury. induding nature and extent of injury (Describe):
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For this fonn, disregan:t double ex treble damage daims; indicate single damages only.
TOTAL:
$
CONTRACT ClAIMS
AMOUNT
Provide a delaled description of daiTl(s): D=tendant ~S" 1>1" inHf.1- ? ~ SSJ-t01-
pursuant to a oreaCfL of a CXeei1: Card l'.<:j'lieeJlent.
$
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$
$
Slonll.tu,,,
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J. j\.nthonYCaI1'l;e~''-' '\ :::4;;'.
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TOTAL: S 5/s'(II.o9-
oE.t"EN.OA.NrS NAME: AND ADDRESs:
\lIt r;Q.[C{ m. ~Qrr~ll
JJ.d.o ~[I ~rcm.1
,~P(;JythQld( rno 01/09
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For this form. disreg~rd double ex- treble' damage daims; fndicale single damages only.
\TTORNE"Y FOR PLAINTIFF (OR PRO SE PLAINTIEF}:
Print or Typos N.me
B.B.O.#
8 Bourron Street
Addr...
i>eaI:xXly, !1A 01961
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C0Ml\10NWEALTH OF MASSACHUSETTS
TRIAL COURT
DISTRICT COURT DEPARTMENT
UNIFORM COUNSEL CERTIFICATION FOR CIV1L CASES
CASE NAtYIE.QroDI/. \4tTiCii'Q r~~{rd) DOCKET #:
I am attorney of record face.' ~~ vi
plaintiff7defendant in the above-entitled matter.
In accordance with Rule 5 of the Supreme Judicial Court Unifof1l2 Rules on Dispute Resolution
(SJC Rule I: 13) which states in part: ". . . Attorneys shall: provide their clients with this
information about court-connected dispute resolution services; discuss with their clients the
advantages and disadvantages of the various methods of dispute resolution; and cenify their
compliance with this requirement on the civil cover sheet or its equivalent. , , ," I hereby certiiY
that I have complied with this requir=ent.
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Signature of Attorney ~Record
T n~rnQnY C~mbece
Print Name
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B,B.O. #: 632483
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Date:
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NOTE: UNLESS EXEMPTED, PLAlNTIFF'S AND PETITIONER'S COUNSEL SHALL FILE THIS DOCUMENT
TOGETHER WITH HIS OR HER INITIAL PLEADING. ALL OTHER COUNSEL SHALL F1LE IT WITHlN 30
DAYS OF HIS OR HER INITIAL ENTRY INTO THE CASE WHETHER BY ANSWER, MonON, APPEARANCE
SLIP OR OTHER PLEADING.
6/1100
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EX1l1B1T A
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ACCOUNT INFORMATION REPORT
CA ACCOUNT#: 12429024011208403
FINANCIAL
Forwarder: CTC/029/BOUSEHOLD BANK
Acct#: 5~08GI0001574173
Placement
12/21/2001 $5,554.01
Last Payment
Original Creditor:
Debt Type:
HOllSEHOLD BANK
Credit Cards
Assigned to: ~_:J;;' ~_ CJ
WIP#
o
Days Left
o
Principal
Interest
Attorney
Court
Mise
$5,S5~.O)
$0.00
$0.00
$0.00
$ o. OC;,
STATUS: ~,,:'<FJ
BALANCE
$5,554.07
Personal Information
Address
City
Country
First
PATRICIA
266 ROSEWELL ST
SPRINGFIELD
MI Las t Name
M FARRELL
Debtor 1
USA
St MA Zip 01109
Province
Work Tel
Ext
Home Tel (413) 782-1035
Fax
ss# 017-34-1680
DOB
Spouse JOHN
Driver's License #
State
Bank and Asset
Ttere j_s no bank information on this account.
Debt
Ttl€re is no debt information on this account.
Source: Co ~!Ec'c: l'..merica
Forma L Neme: rP-: j nt.P.cc
Page 1
08/05/2003 09:07:51
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QIommonwrn11l1 of !lHUBHuil1ulirttH
TRIAL COURT OF THE COMMO:>i"EALTH
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HAMPDEN
DISTRICT COURT DEPARTMENT
SPRINGFIELD DIVISION
50 SUIte Street. Springfield. MA. 01103
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CACV,
Plaintiff,
v.
PATRICIA M. FARRELL,
Defendant.
(>vii Action No0?1rUd4aj
To defendant
Patricia M.
SUHHON S
(Rule 4)
Farrell
MA
sgltR~.(ield,
. plaintirrCs
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(n.me:)
You arc hereby lummoned and requITed to I.c:rve upon
of 266 Rosewell Street,
hddrcu)
J. Anthony Cambece
atlorney). whose .dd,ess" 8 Bourbon Street. Peabodv, MA 01 Q fi 1copy of you, .nswer 10
lhe complaint whichi.. herewith ,uvcd upon you, .,..i\n10 20 day, .hel 5ervice of \hil 'lurrvnonl. excluliveof
the day of ,crvice. You arc also required 10 file your answer to the complaint in the office of the Clerk of this
~ court either before service upon plainttffCs auorney), or within S day" thereafter. If you fa" \0 meet the above
rcq~iremcn". judlTnent by default m'y be rendered alainu you for the relief demanded in the complainl. You
need not appear penonally in court to anlwer the complainl.
Unlcss other....isc provided by Rulc 13(1). your answer must slatc as a countcrclaim any claim which you
mey have alainsl the plain1iff which ariGel out of the lransachon or occurrence th,t is the lubjec( mallet of
thc plai~tiff's claim or you will be barred from maklOl such claim in any other acholl.
ROBERT F KUMOR JR ' ' September 2 2003
WITNESS .,. '. ""sldlns Jusuc.. on ' .
(SEALl tJd.M E: if~''')
Clerk
Nou:: (1)
~.ft IftOrc than OtiC dcf<luhnl " involvcd. th~ ..'mc. Dr .11 defcndant' .ho",id .ppcal In thc .chon.lf, .cp.r.tc ."'''',,,"",,,
i. ",.ed {Of c.dI. 4dcMa"t. cael\ It\o\Sld. Ibc .44u:ss<4 \0 \he "''''C\I\.r d<(f1\du'ot.
The n",Mber ""ped 10 VIe compl.,nl by tl'lc CIt:rk at ~O",,"cnecmer'ol of the .ell_ .1'I0uld be .n,..d 10 It", ._mon'
beforc il .. _,.ed.
(2)
IIETURN OF SERVICE
Hampden County Sheriff's . 1170 Main 51. . P.O. Box 5005 . Springfielo, MA 01101.5005 . (413) 732.5772
Hampden, 55.
I h b ,.,;<;. d 0 September 23, 2003
ere y ce.~y an return that on 9/.2/2003 at 01:10 pm I.erved a true and atte.ted copy of the SUMMONS
COMPLAINT & STATEMENT OF DAMAGES W1UNIF, COllNSEL CERT in lhi, action in the foU;wing ~anner To
WIt, byleavrng atthe las~and usual placeofa~ode of PATRICIA M, FARRELL" 266 ROSEWELL Street" .
~PRIN~F~ELD, MA,Oll09, and by mailing I das~ to the above adOre.. on 9/22/2003, Attestation x 2 ($10.001.
Conveyanc'>O ($2.10), ftavel ($4.48), BasIC SefV1ce Fee ($20.00), Mailing ($3.00) Total Charges $3958 '
z;. ~ :~AlI""11
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Deputy SheritfDANIEL D, LARROW
Deputy Sheriff
lhc ..Me "... 4........ .......~h d\e ,erMn ..,..4 ",",II U:'pOnU lv ,n" "'....""... -_.~ - 'u,
(2) Ple..e pl.ce 4..... ,011 ...c u,...ic. on ddClld.nl In \hc boa on me copy .ened on the ddCftdlJ\t. on lhe onllnal rc-
lu",ed 10 d\e c,",n and 01\ die copy rctumed 10 the pcno.. ,.que.II". .cr.u:e Of hi. ,nomey.
III If .cr".ce .. ...&de e. "". ,.,, .MI .,eu.1 ,Iecc of .bode. (he offu:cl ...."" (orUlw,th ....,1 (U8. (:1.., . Copy of the .u.lI'o_n.
'1\ .uc:1l I.., ..... ..",.1 ,l.ce of .bodc. IInd .hell .el fonh If. UlC fcturn the d.le of .......11. .ftd Ihe ,cld,,... 10 ..l\IC:h Ihe
a..""II"Oft. .... Uft. ((i.1.. c. 123. ICe. 11).
Thi.. {<<en pr~.Cf\b<d by \he Ctuc( J\I.&t1.ce of \nc D,.tnc\ Courta
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COMMONWEALTH OF MASSACHUSETTS
L
DISTRICT COURT
Of Springfield
No. 03cv2423
HAMPDEN, 55.
4
CACV,
(,
Plaintiff,
vs.
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Patricia M. Farrell,
9
Defendant
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REQUEST FOR DEFAULT
(Pursuant to Rule 55(a))
l?
To the Clerk of the above-named Court:
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I, J. Anthony Cambece, attorney for the above-name
pl a 1 nti ff, CACV, state that the complaint in which a judgment fo
affirmat.ive relief is sought against the defendant herein, was
filed on September 2, 2003, and the surrunons and a copy of the
complaint have been served on the defendant(s) herein on Septembe
22,2003 as appears from the officer's return; that the time
within which the defendant(s) shall serve a responsive pleading 0
otherwise defend pursuant to Rule 12 (a), has expired and the
defendant (s) herein has/have failed to serve or file an answer 0
otherwise defend as to the complaint.
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Wherefore, the plaintiff CACV make application that the
defendant see Patricia M. Farrell be defaulted.
21 Dated at Peabody, Massachusetts, this 13th day of October,
2003.
22
SIGNED UNDER THE PENALTIES OF PERJURY.
23
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J. Anthony Came~HEsq.
8 Bourbon Str, t
Peabod y,_l'4A/O 19 60
(978) 535-5955
4.IIlUfi7~
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OR.DER
200323CV002423
Trial Court,of Massachusetts
District Court Department
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DOCKET NUMBER
CASE NAME CACV AS ASSIGNEE FOR HOUSEHOLD BANK vs. PATRICIA M. FARRELL
PARTY TO WHICH THIS COPY Of NOTICE IS ISSUEO
D01 PATRICIA M. FARRELL
266 ROSEWELL STREET
SPRINGFIELD, MA 01109
CURRENT COURT
Springfield District Court
50 State Street
Hall of Justice
Springfield, MA 01103-2002
(413) 735-6000
ATlORNEY FOR PARTY TO WHICH THIS COPY OF NOTICE IS I::;~UED
ORDER
ENTRY OF DEFAULT
[MRCivP 55(a)]
It having been made to appear to the Clerk that; the above named defendant (s) herein. failed to plead or otherwise
defend as provided by the District/Municipal Courts Rules of Civil Procedure, entry of default against said defendant(s) is
hereby made pursuant to MRCivP 55(a)
Clerk I Ass!' Clerk Magistrate
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NOTICE OF ENTRY OF ORDER
Pursuant to Mass. R. Civ, p, 77(d) and 79(a), this Order has been entered on the docket on the "Date Order Entered" shown
below and this notice is being sent to all parties,
DATE ISSUED
10/20/2003
I JUDGE ISSUING ORDER
I
CLERK-MAGISTRATE
\T, '"" CoM Robert E. Fein
DatefTlme Pnnted. 10/201200301.58 PM
5
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Hampdlll, II
Commonwealth of Mallachuletll
Trial (ourt of the (ommonwealth
DillTitt (OUIt O(partJnent .lpringfield Divilion
55 (b) (3)
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Civil No.OJ ~L/'}J-rZ.3
REOUEST FOR DEFAULT nmGMENT
[MRCivP 55 (b) 0) as amended Jl15/97]
I, J O\'1i hGnc(l~ \'{\WQ.J:.
tha efaultjudgment be entered against the following defendant(s):
'\\~\~ m .~A(r\2 \\
, the undersigned, request
A.
B.
Principal amount claimed in complaint ...........................
Interest amonnt claimed in complaint .......................... +
$ 55'SI-/. oi
$ 2,)) 3'-
..J(). ~
(Note: Please provide a Memo of Damages if any payments havl! been made since entry of this COmplllblt.
Any additional interest &: costs will be computed by the court and added into the final judgment)
c. . I further make affidavit that:
I. . The total amount due the plaintiff(s), exclusive of interest & costs to. be computed by the
court, in this claim is the above total amount of (A+B) above......... $ 55-Q(',. /of L
2. The defendant is not an infant or incompetent person.
3. The defendant is not in the military service of the United States or its Allies as defined in
t. e Soldiers' an Sailors' Relief ct of 1940, a ame~dC~utis presently residin!:, at:
D v..A? I f71..sJJ2A. (-,-~jcl /J1 f/ 01/07, '
Subscribed this /7,llJ
tInder the pains and penalties of perjury.
day of 0itfrJJ9 r
:HI ;):]0
(>J Execution requested
.
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(x;-) Attorney's fees waived
G&J7/l I f40
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J. A. CAMBECE LAW OFFICE, P.c.
S BOURBON STREET
PEABODY. MA 01960
Tel. 888.535.6161 - Fax (978)535-7070
October 13, 2003
Civil Clerk
Springfield District Court
50 State Street
Springfield. MA 0 II 03
RE' CACY
YS: Patricia M Farrell
DOCKET NO.: 03cv2423
OUR FILE NO.: 3290
Dear Sir/Madam:
Please file the following documents or take the following action and docket same in the above-entitled matter:
xx
XX
XX
Or
Complaint with filing fee.
Request for a summons with fee.
Statement of Damages.
Return of Service.
Request for Default Under Rule 55(a).
Request for Default Judgment Under Rule 55(b)(I).
Answer to Complaint.
Answer to Counterclaim.
Applicalion Under Rule 33(a).
Re-applicalion Under Rule 33(a).
Request for Production of Documents. Interrogatories.
Request for Admissions.
Response to Request for Production of
Ans\vers to interrogatories.
Response to Request for Admissions.
Motion
Please place on your list for hearing on
Stipulation
Agreement for Judgment.
Military Affidavit.
Application for Supplementary Process.
Complaint for Receiver, filing fee and bond. Please issue an order of notice for the
appointment of a receiver returnable on
Other
I certit~' that a copy of this letter with enclosures was mailed this date, postage prepaid, to:
Defendant.
Defendant's Attorney
at
~i C:?pr.
AS.'l1ll ANT
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J. A. CAMBECE Lf~~C~' PC
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By ..', '. I
f Anthony Jiamlm;e;-Esq.
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WAIVER OF ATTORNEY'S FEES
I. 1. Anthony Cambece, attorney for the above named plaintiff do hereby waiye
Attorney Fees as prayed for in the complaint.
Signed under the penalties of perjury.
CACV
By its attorneys,
J. A. CAMBECE LA W OFFI~~, P.c.
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1. Anthony Cambece (B130 ! ir3(
8 Bourbon Street L'
Peabody, MA 01960
(978) 535-5955
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2
COMMONWEALTH OF MASSACHUSETTS
4
5
TRIAL COURT OF THE COMMONWEALTH SPRINGFIELD COURT
DEPARTMENT CIVIL BUSINESS DIVISION
G HAMPDEN, ss.
Civil No. 03cv2423
CACV
8
Plaintiff
9
ASSESSMENT OF DAMAGES
CERTIFICATE RULE 106
10
11
Patricia M. Farrell
12
Defendant
13
1, James Anthony Cambece, of Cambece Law Office, being th
14 attorney for the Plaintiff certify as follows:
15 A. No amount has been paid to or in behalf of the Plaintiff on
account of this claim from the date of service of the
]6 complaint and the date on which damages are assessed.
17
B. The net balance due to the Plaintiff from the Defendant as
of the date of this certificate is set out as follows:
18
19
Principal $ interest
As of write off date of
$
5554.07
20
21
Interest from
22 Of complaint
(365 days x 21)
to date
$
38.35
23
TOTAL DAMAGES
$
5592.42
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,
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~ (Signed)
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PLAINTIFF'S REQUEST FOR DEFAULT JUDGHENT
(Pursuant to Rule 55 (b) (1))
4
The undersigned requests that judgment enter against the
defendant (s) see Patricia M. Farrell in the amount of $5554 _ 07
together with interest in the sum of $38.35 with costs and makes
affidavit that:
5
()
"
,
1.
The total
in his
$5592.42.
amount due the
(their) claim
plaintiff(s) exclusive of costs
against the defendant (s) l.S
8
Cj
2.
That the defendant(s) is (are) not an infant(s) or
incompetent person (s) .
10
3.
That the defendant is not in the military service of the
United States or its Allies, as defined in the Soldiers'
and Sailors' Relief Act of 1940, as amended, but is at
present a civilian.
I
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13
Subscribed this 13th day of October 2003 under the penalties
]4 of perJury.
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J. Anthony C -bece, Esq_
8 Bourb\m .e-t~eet
Peabody, MA 01960
(978) 535-5955
16
17
18
19
[x]
Execution requested
.. .kUEd:.Pl, .~
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20
21
22
2.3
24
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JUDGMENT F~OR ~LAINTIFF(S) DOCKET NUMBER Trial.l;ourt.,f Massachusetts ~
BY DEFAULT 200323CVOO2423 District Court Department ij/)
CASE NAME CACV AS ASSIGNEE FOR HOUSEHOLD BANK v.. PATRICIA M. FARRELL /"""(1
PLAINTlFF(S) WHO ARE PARTIES TO THIS JUDGMENT CURRENT COURT f
P01 CACV as Assignee for HOUSEHOLD BANK Springfield District Court
50 State Street
Hall of Justice
Springfield, MA 01103-2002
(413) 735-6000
DEFENDANT(S) WHO ARE PARTIES TO THIS JUDGMENT
D01 PATRICIA M. FARRELL +-+-+-+-+-
WHEN
YOU
MUST
APPEAR
ROOM/SESSION +-+-+-+-+-
PARTY TO WHOM THIS COPY OF JUDGMENT IS ISSUED FURTHER ORDERS OF THE COURT
Interest taken from assessment of damage
COURT COPY certificate.
A I TORNEY FOR PARTY TO WHOM THIS COPY OF JUDGMENT IS ISSUED
I- COURT COPY -
JUDGMENT FOR PLAINTIFF(5) BY DEFAULT
On the above action, after default, JUDGMENT IS HEREBY ENTERED on behalf of such Plaintiff(s) against such
- Defendant(s), for the "Judgment Total" shown below plus such other costs as may be taxed pursuant to law, with -
post judgment interest thereon pursuant to GL c. 235, S8 at the "Annual Interest Rate" shown below from the "Date
Judgment Entered" shown below until the date of payment (Morrissey, First AC-M Richard C.).
NOTICE OF ENTRY OF JUDGMENT
Pursuant to Mass. R Civ P. 54, 58, 77(d) and 79(a), this Judgment has been entered on the docket on the "Date Judgment
Entered" shown below, and this notice is being sent to all parties. e~~
.sst8T"MT ~
1. Date of Breach, Demand or Complaint 9/2/03
2. Date Judgment Entered 10/20103
3. Number of Days of Prejudgment Interest (Line 2 - Line 1) 48
4. Annual Interest Rate of 5.25% 1365 = Daily Interest Rate 0.014384%
5. Single Damages $5,554.07
6. Prejudgment Interest (lines 3x4x5) $38.35
7. Double or Treble Damages Awarded by Court (where authorized by law) $0.00
8. Costs Filing Fee & Surcharge $241.83
9. Attorney Fees Awarded by Court (where authorized by law) $0.00
10. Other Costs Awarded by Court $0.00
11. JUDGMENT TOTAL PAYABLE TO PLAINTIFF(5) (lines 5+6+7+8+9+10) $5,834.25
, DATE JUDGMENT ENTERED CLERK-~GIST~TEIASS:VC~/jI'
10/20103 x<l R/-L-
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DatefTime Printed: 1 Qf20/2003 02:01 PM / FORM NO
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Execution issued on third day ofNoyember in the years of our
Lord Two thousand three and has returned to court.
I do hereby certify that the foregoing is a true copy of the papers
in the above named Case ofthe said Division, at said Springfield, herein
In Witness, Whereof, I haye hereunto set my hand and affixed the
seal of said Division at said Springfield on the twenty-second day of
JULY , in the year of our Lord Two thousand five
d~
Assist Cler
I District Co Department
Springfield Division
-
. ....
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV, AS ASSIGNEE OF
HOUSEHOLD BANK
Plaintiff
vs.
PATRICIA M. FARRELL
Civil Action No () S' - S9JLf C / ~ n
( ;0 Ll / E.K_h-)
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: () Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the
following Order or Judgment was
enterid ag,ainst you on
II 1S'/6S
, f
(xx) Assumpsit Judgment in the amount
of $5,59242 plus costs.
Trespass Judgment in the amount
of $ plus costs.
() If not satisfied within sixty (60)
days, your motor vehicle operator's license andlor registration will be
suspended by the Department of Transportation, Bureau of Traffic Safety,
Harrisburg, PA.
(xx) Entry of Judgment of
() Court Order
() Non-Pros
() Confession
() Default
() Verdict
() Arbitration
Award
Prothonotary
PATRICIA FARRELL
7 MONARCH LANE
MECHANICSBURG,PA 17050
,yC~
J1ROT RY. R DEPUTY)
. ...
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities, that the undersigned is the attorney for the Judgment Creditor, CACV; that the last
known address of the Judgment Debtor is 7 MONARCH LANE, MECHANICSBURG,PA 17050; that the last known
address of the Judgment Creditor is clo Weltman, Weinberg & Reis Co., L.PA, 2718 Koppers Building, 436
Seventh Avenue, Pittsburgh, PA 15219; that the Foreign Judgment is valid, enforceable and unsatisfied, and thai
the facts set forth in the foregoing Praecipe are true and correct to the best of the undersigned's knowledge,
information and belief.
WELTMAN, WEINBERG & REIS CO, L.PA
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