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Home My WebLink About06-2488Bruce K. Warren, Esquire Warren & Vullings, LLP 1603 Rhawn Street Philadelphia, PA 19111 (215)745-9800 Diligent Recovery Systems, LLC, Assignee of MBNA 1603 Rhawn Street Philadelphia, PA 19111 Plaintiff, VS. Kate C. Mahar 822 Anthony Dr. Mechanicsburg, PA 17050 Defendant. Atty. I.D. No. 89677 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.^l? /!F;2-Pq CiU t CIVIL ACTION NOTICE You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within overly (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 ajudgment 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. AVISO Le ban demandado a usted en la Corte Si usted quiere defenderse de estas demandas expuestas en ]as paginas siguientes, usted tiene veinte (20) dial de plaza al partir de la fecha de la demanda y la notification. Hace tales asentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defensas o sus objeciones a ]as demandas en contra de so persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede continuar la demanda en coma suya sin pmvio avis o notification. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas has provisioner de estas demanda. Usted puede perder dinem o sus propiedades u otros derechos importantes pars usted. LLEVES ESTA DEMA.NDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVCCO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGIIAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 Bruce K. Warren, Esquire Warren & Vullings, LLP 1603 Rhawn Street Philadelphia, PA 19111 (215)745-9800 Diligent Recovery Systems, LLC, Assignee of MBNA 1603 Rhawn Street Philadelphia, PA 19111 Plaintiff, VS. Kate C. Mahar 822 Anthony Dr. Mechanicsburg, PA 17050 Atty. I.D. No. 89677 for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. dG - o2Y'y8 CIVIL ACTION 1. Diligent Recovery Systems, LLC, hereinafter referred to as Plaintiff, is a Pennsylvania Corporation with its headquarters at 1603 Rhawn Street, City of Philadelphia, and Commonwealth of Pennsylvania. 2. Kate C. Mahar, hereinafter referred to as Defendant, is an adult individual residing at the above captioned address. 3. At all times relevant herein, the Plaintiff was engaged in the business of debt purchase and collection. 4. On or about July 8, 2005 the Plaintiff was assigned all rights to certain credit card accounts from Collins Financial Services, Inc. including the account opened by Defendant. See copy of card holder agreement attached as Exhibit "A". 5. On or about May 28, 1996 the defendant opened the account and used the credit card account from MBNA. See copy of card holder agreement attached as Exhibit "B". 6. The Defendant used the account for the intended purpose, and made purchases with the card. 7. The Defendant has failed and refused to make payments on the account. 8. The Defendant's last payment was made on May 9, 2002. 9. The balance at the time of the last payment on account was $11,762.09. 10. Plaintiff seeks interest only at the legal rate of 6%. 11. Interest from the date of last payment equals $2,705.28. 12. The total amount due and owing Plaintiff is $14,467.37.. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $14,467.37, plus costs and interest. By: l? Bruce K. Warren, Esquire Attorney for Plaintiff EXHIBIT "A" EXI3L IT A ASSIGNMENT AND BILL OF SALE COL'LINS FINANCIAL SERVICES, INC., A Texas corporatiou ("Seller") has entered into an Accounts Sale Agreement, dated July 8, 2005 ("Agreement") fo! the sale of Accounts described on Asmex I thereof to Diligent Recovery Systems, LLC (",Buyer"), upon the terms and conditions set forth in that Agreement NOW, THEREFORE, for good and valuable consideration, Seller hereby sells, assign-, and transfers to Buyer all of Seller's rights, title and interest in each and every one of the Accounts described in the Agreement, provided however such transfer is made without any representations, warranties or recourse, except as provided in the Agreement. Buyer and Seller agree that the Purchase Price shall be as stated on Armey_ H, attached to the Agreement. IN WITNESS 'WHEREOF, Seller has signed and delivered this instrument on the "`(?L_ fty of L005. Collins Finances Services, Inc. Name: Tony Title: Vice -19- EXHIBIT "B" k I I i Crr ; C¢,'d2 cr to011 l.Hf1t".1'E?Y in this Credit cardAveemenl, the "ITT TvAndd "your" feler to each end all of the persons whc' ,nccepi a credit card Iscued by us m under an amQu nt we hold. This Credit Card hgrt-emen'. (Tu 7yreememl consists of two document and the term. and condirlons set lort.h in the RepulredFederal Di_dasums .=.edacln of thrr. accomp, mn!nng card carrier, which is lncorooratccl hcrcin and maot a par[ herwof. The words, •'we,' "our- and -MBNA Am--rice" mean MBNA hue ice AS JAN When you anmptor use the account, you agree to the turns in IN Agreement. You should sign yon card belnrc: you use IC. You con>ent to and ru4hodze NDPIA Arnori ca, any of its aiflllates, or Its murl:etlrlg essodates- to rr&.n for ana/or record enyo; your telephone 7onvEirsatlmis with our repre- 5!211tativcs pr the re_ Te3entailycs of any of those com ;anlnS. All capi':niiz.d terms not defined he eili shall na'p'e :he meacing as defined In the Fequirra Federal Disclc-:ures se= ion of Your card caries. E fftia Atkening ai,pd sfilzLl^n Prom tlm: to time, we may obtaln updated iniorma- ,lon aboui you including, for uarnple, cmdlt inforrr,a- i10r1. We m31' S!l4rC IP,fLrfrlatlOC1 apmJt you Nllth cre?it repo"ino zlgercies 2nd others, indudina mercheni, and ;mono cornpsnics ItHtiated with as. You may 7eques that iniormation noour you not 're shared among cur affiliates, other War, information pertaining solely to transactions or experiences between you and us lo- an QDNA nRI6 Ca Zff1113OL by wi-TA, us it MBNA ritKae InformEtlOn Sharing. P.O, Box 153,2, Wilmington, DG 19850.9342, Please include your name, address, homes phone nunk and all MENAAmerica account members, It you luelieye Chat inaccurate or incomplete iniormaLion about you or your account has been >hared by us wii:h a credit reporting gem^y, write to us at: MONA, Credit Reporting tvpncies, ?.O• Box 17054, Wilmington, Dc 1988,-7054. Please include your name, addre5s, home phone nurn'oer, and acr_ount number, and explain which nfonna*.lon you bdieve is inaccurate or lmmnrdei e- Bruce K. Warren, Esquire Atty. I.D. No. 89677 Warren & Vullings, LLP 1603 Rhawn Street Philadelphia, PA 19111 (215)745-9800 Attorney for Plaintiff Diligent Recovery Systems, LLC, Assignee of MBNA 1603 Rhawn Street Philadelphia, PA 19111 Plaintiff, VS. Kate C. Mahar 822 Anthony Dr. Mechanicsburg, PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. VERIFICATION BRUCE K. WARREN, ESQUIRE, being duly sworn according to law, deposes and says that he is the Attorney for the Plaintiff in the within action and verifies that the within pleading is based upon information fumished to counsel or otherwise gathered by counsel in the course of the trial. The language of the pleading is that of counsel and not of the Plaintiff. To the extent that the contents of the pleading are that of counsel, verifier has relied upon information gathered in taking this verification or information presented at trial or research available to verifier. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. By:_ % C Bruce K. Warren, Esquire Attorney for Plaintiff Date: April 25, 2006 ?. ?? ? ?.j. ?n ?. .... ? ?> _ -- n __. ? C?' a ?_ ?: __, Bruce K. Warren, Esquire Warren & Vullings, LLP 1603 Rhawn Street ATTY. I.D. NO. 89677 Philadelphia, PA 19111 (215) 745-9800 ATTY. FOR PLAINTIFF Diligent Recovery Systems, LLC, Assignee of MBNA 1603 Rhawn Street Philadelphia, PA 19111 Plaintiff VS. Kate C. Mahar 822 Anthony Drive Mechanicsburg, PA 17050 Defendant . COURT OF COMMON PLEAS . CUMBERLAND COUNTY NO. 06-2488 CIVIL TERM PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: follows: Kindly enter judgment against Defendant, KATE C. MAHAR, in the above captioned matter as Real Debt: Interest from 5/3/06 @ $2.38 per diem File Complaint: Serve Complaint: File Judgment: Total $14,467.37 $ 233.24 $ 55.00 $ 100.00 $ 9.00 $14,864.61 Kindly assess damages against Defendant, KATE C. MAHAR, in the sum of $14,864.61, plus costs and interest. A BRY E K. WARREN, ESQUIRE Attorney for Plaintiff I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A copy of said noticeis attached hereto. BRU K. WARREN, ESQUIRE Att ey for Plaintiff IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Bruce K. Warren, Esquire Atty. I.D. No. 89677 Warren & Vullings, LLP 1603 Rhawn Street Philadelphia, PA 19111 (215)745-9800 Attorney for Plaintiff DILIGENT RECOVERY SYSTEMS, LLC, ASSIGNEE OF MBNA 1603 RHAWN STREET PHILADELPHIA, PA 19111 PLAINTIFF : COURT OF COMMON PLEAS : CUMBERLAND COUNTY NO. CV-06-2488 VS. KATE C. MAHAR 822 ANTHONY DRIVE MECHANICSBURG, PA 17050 DEFENDANT(S) NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO/PARA: KATE C. MAHAR 822 ANTHONY DRIVE MECHANICSBURG, PA 17050 DATE OF NOTICE/ FECHA DEL AVISO: June 29, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE AS SET FORTH ABOVE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE 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. AVISOIMPORTANTE USTED ESTA EN REBELDIA PORQUE HA FALLADO EN TOMAR LA ACCION EXIGIDA DE SU PARTE EN ESTE CASO. A MENOS DE QUE USTED ACTUE DENTRO DE DIAS DE LA FECHA DE ESTE AVISO, SE PUEDO REGISTRAR UNA SENTENCIA CONTRA LISTED, SIN EL BENEFICIO DE UNA AUDIENCIA Y PUEDE PERDER SU PROPIEDAD 0 DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE AVISO A UN ABOGADO ENSEGUIDA. SI USED NO TIENE UN ABOGADO Y NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, DEBE COMMUNICARSE CON LA SIGUIENTE OFICINE PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: KATE C. MAHAR 822 ANTHONY DRIVE MECHANICSBURG, PA 17050 Diligent Recovery Systems, LLC, Assignee of MBNA 1603 Rhawn Street Philadelphia, PA 19111 Plaintiff VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 06-2488 CIVIL TERM Kate C. Mahar 822 Anthony Drive Mechanicsburg, PA 17050 Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default - Money Judgment Judgment in Replevin Judgment for Possession jp/x?'0(. Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: BRUCE K. WARREN, ESQUIRE AT THIS TELEPHONE NUMBER: (215) 745-9800 Bruce K. Warren, Esquire ATTY. I.D. NO. 89677 Warren & Vullings, LLP 1603 Rhawn Street Philadelphia, PA 19111 (215) 745-9800 ATTY. FOR PLAINTIFF Diligent Recovery Systems, LLC, Assignee of MBNA 1603 Rhawn Street Philadelphia, PA 19111 Plaintiff VS. Kate C. Mahar 822 Anthony Drive Mechanicsburg, PA 17050 Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 06-2488 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, BRUCE K. WARREN., ESQ., being duly sworn according to law, depose and say that I am authorized to take this Affidavit for and on behalf of Plaintiff; that Defendant(s) is/are individual(s), more than eighteen (18) years of age; and that Defendant(s) is not in the Armed Forces of the United States of America or its Allies, or otherwise within the pervue of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. / BY: K. WARREN, ESQUIRE for Plaintiff ?Q 1 3 r.? b t ?h V 90 J N .? . r a i G; SHERIFF'S RETURN - REGULAR CASE NO: 2006-02488 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DILIGENT RECOVERY SYSTEMS LLC VS MAHAR KATE C MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MAHAR KATE C the DEFENDANT at 1248:00 HOURS, on the 17th day of May , 2006 at 822 ANTHONY DRIVE MECHANICSBURG, PA 17050 KATE MAHAR by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.32 Postage .39 Surcharge 10.00 .00 40.71 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 05/18/2006 WARREN & VULLINGS / By: Depot Sh i f Prothonotary WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2488 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HEIDLER ROOFING SERVICES, Plaintiff (s) From STEVEN E. WESTHAFER, 71 SILVER CROWN DRIVE, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT LOCATED AT 71 SILVER CROWN DRIVE, MECHANICSBURG, PA 17050-1638, INCLUDING BUT NOT LIMITED TO, ALL APPLIANCES, FURNITURE, COOKWARE, HOUSEHOLD GOODS, ELECTRONICS (TELEVISIONS, VCRS, STEREOS, COMPUTERS, CAMCORDERS, DVD PLAYERS), CAMERAS, TELEPHONES, LAWN AND GARDEN EQUIPMENT, SPORTS EQUIPMENT, CASH, JEWELRY, ETC.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $21,784.92 Interest FROM 6/13/07 TO 6/27/07 - $53.40 Atty's Comm % $2,000.00 Atty Paid $157.56 Plaintiff Paid Date: JUNE 28, 2007 (Seal) REQUESTING PARTY: L.L. $.50 Due Prothy $2.00 Other Costs $155.06 Deputy Name CRAIG S. SHARNETZKA, ESQUIRE Address: 135 NORTH GEORGE STREET YORK, PA 17401 Attorney for: PLAINTIFF Telephone: 717-8484900 Supreme Court ID No. 83863 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff s Costs: Advance Costs: 564.81 Sheriff's Costs: 564.81 Docketing 18.00 $ 000.00 Poundage 435.70 Advertising 10.00 Law Library .50 Prothonotary 2.00 Refunded to Atty on 11/08/07 Mileage 43.20 Surcharge 20.00 Levy 20.00 Certified Mail Post Pone Sale 15.00 Garnishee Postage .41 rjo TOTAL $ 564,81 V So Answers- R. Thom Kline, Sberiff m Cl audia A. Brewbaker ZE LI c - i i L60Z ?J