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HomeMy WebLinkAbout06-4650 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA lHE RECOV AR GROUP, LLC., Plaintiff : No. Civil Term ex- - '-I~ c;u ~ L L~ vs. : CIVIL ACTION MICHELLE STAYMAN ifd/b/a GODDESSCLOTH[NG,CO.d/b~ GODDESS AUCTIONS d/b/a ONLINE GODDESS CLOlHING, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN mE 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 A TIORNEYS AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED 1HA TIF YOU FAIL TO DO SO, mE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY mE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED NY 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 R. Mege, Es . Attorney ID N. 1288 Attorney fo laintiff Law Offices of Alan R. Mege, Esq. P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIIE RECOV AR GROUP, LLC., Plaintiff : No. Civil Term ~ - 1.(/,$0 Q;v;L y~ vs. CIVIL ACTION MICHELLE STAYMAN ifd/b/a GODDESSCLOTHrNG,CO.d/bffi GODDESS AUCTIONS d/b/a ONLINE GODDESS CLOTHING, Defendant COMPLAINT 1. The Plaintiff is The Recov AR Group, LLC. ("Recov AR"), a corporation with an address of 11821 Parklawn Drive, Suite 310, RockviIle, MD 20852. 2. The Defendant is Michelle Stayman i/d/b/a Goddess Clothing Co., d/b/a Goddess Auctions d/b/a Online Goddess Clothing ("Goddess"), is an individual with a corporation with a mailing address of 118 Lee Ann Court, Enola, P A 17025. Count I - Breach of Contract 3. Defendant applied for and received United Parcel Service, Inc. ("UPS"), accounts, account numbers OYV684 I 64Y6R6 I 777T8E I Y65E53 I YW6683. 4.. Use of the UPS accounts were subject to the terms of the UPS General Tariff Containing The Classifications, Rules And Practices for the Transportation Of Property Agreement ("Agreement"), a copy of which was sent to the Defendant. 5. Defendant used the UPS account numbers OYV684I 64Y6R6 /777T8E I Y65E53 ( YW6683 for shipping. 6. Defendant was mailed account statements relative to the use of the UPS account numbers OYV684 / 64Y6R6 / 777T8E / Y65E53 / YW6683. A true and correct copy of an account statement is attached hereto, made a part hereof and marked as Exhibit "A". 7. The Defendant has defaulted under the terms of the Agreement by failing to make monthly payments as they became due and owing. 8.. The within accounts were sold by United Parcel Service, Inc., to The Recov AR Group, LLC., ("RecovAR") for valuable consideration and all rights under said account were assigned to RecovAR. A true and correct copy of the Assignment Of Account(s) Receivable is attached hereto, made a part hereof and marked as Exhibit "B". 9. Pursuant to the tenns of the Agreement, Plaintiff, upon default in payment, may declare the entire unpaid balance immediately due and payable without notice or demand. 10. Pursuant to the terms of the Agreement, Defendant, is liable for interest on the unpaid balance. II. Pursuant to the tenns of the Agreement, Defendant, is liable for Plaintiff's court costs and reasonable attorneys fees. 12. As of May 12,2006, the balance due and owing to Plaintiff from Defendant was $13,324.31. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $13,324.31 plus costs and interest from May 12,2006 as well as reasonable attorneys fees of $3,331.08 and such other and further relief as the Court may deem just and appropriate. 2 Count II . Account Stated 13. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 14. The within account was an account in writing and expressly or impliedly accepted by both parties. 15. The amounts due and owing to Plaintiff by Defendant are based on a subsisting debt and arise from a preexisting account or course of dealing between the parties. 16. This account is an Account Stated, thereby operating to foreclose any dispute over the amounts due. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $13,324.31 plus costs and interest from May 12, 2006 as well as reasonable attorneys fees of $3,331.08 and such other and further relief as the Court may deem just and appropriate. Count III . Quantum Meruit 17. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 18. The services provided by Plaintiff, described above, were received by the Defendant, and the Defendant received and accepted the benefit of said services provided by Plaintiff. 19. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and expected to be paid for such. 20. At all times material hereto, Defendant, with the aforesaid knowledge, 3 permitted Plaintiff to provide the aforementioned services and incur damages. 21. At all time material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff fair and reasonable compensation. 22. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the value of the services described above and in the exhibits attached hereto, in the amount of$13,324.3l plus costs and interest from May 12,2006. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $13,324.31 plus costs and interest from May 12,2006 as well as reasonable attorneys fees of $3,331.08 and such other and further relief as the Court may deem just and appropriate. \ By: . Mege, Esquire Atty. I.D. #8128 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 4 \ '......../ ''-..,./ . United Parcel Service General Information (G) Account: 64Y6R6/ Y65E53/ 0YV684/777T8E 1 YW6ll83 Name: MICHELLE STAYMAN D/B/A GODDESS CLOTHING COMPANY DBA GODDESS AUCTIONS DBA ONLINE GODDESS CLOTHING 4182 ELK CT APT 104 MECHANICSBURG, PA 17050 Phone: (717) 592-8404 Balance: $13,324.31 W/E Trana Adj Invoice No. Datil Type Type Amount OOOOOYV684044 1/24104 A 1 $23.50 00000YV584054 1/31104 A 1 $35.00 OOOOOYV684064 2fT104 A 1 $42.80 OOOOOYV684074 2/14104 A 1 $50.77 OOOOOYV684094 2128/04 A 1 $388.32 OOOOOYV684104 316104 A 1 $311.48 OOOOOYV684114 3/13104 A 1 $120.29 OOOOOYV684124 3/20/04 A 1 $435.43 OOOOOYV684134 3/27104 A 1 $32.79 OOOOOYV684144 413/04 A 1 $23.93 OOOOOYV684154 4/1 0104 A 1 $19.90 OOOOOYV684164 4/17104 A 1 $52.91 OOOOOYV684174 4/24104 A 1 $1.64 00OOOYV884184 5/1104 A 1 $1.20 OOOOOYV684194 5/8/04 A 1 $1.00 Total $1,540.96 000064Y6R6124 3/20104 A 1 $97.75 000064Y6R6134 3/27104 A 1 $243.95 000064Y6R6144 413/04 A 1 $409.94 000064Y6R6154 4/10104 A 1 $427.43 000064Y6R6164 4/17104 A 1 $933.72 000064Y6R6174 4/24104 A 1 $1,104.42 000064Y6R6184 5/1104 A 1 $593.53 000064Y6R6194 518104 A 1 $1,247.02 000064Y6R6204 5/15104 A 1 $388.68 000064Y6R6214 5/22104 A 1 $82.47 000064Y6R6224 5/29/04 A 1 $61.80 000064Y6R6234 6/5104 A 1 $52.21 000064Y6R6284 7/10104 A 1 $55.69 000084Y6R6294 7/17104 A 1 $12.15 Total $5,710.76 0000777T8E214 5/22104 A 1 $109.63 0000777T8E254 6/19104 A 1 $5.48 Total $115.11 /11/ IA J '-./ OOOOY65E53403 10/4103 A 1 $17.42 OOOOY65E53413 10/11103 A 1 $370.44 OOOOY65E53423 10118103 A 1 $147.34 OOOOY65E53443 11/1103 A 1 $310.11 0000Y65E53453 1118/03 A 1 $176.96 OOOOY65E534B3 11/15103 A 1 $181.15 OOOOY65E53473 11/22103 A 1 $171.03 OOOOY65E53463 11/29103 A 1 $168.41 OOOOY65E53493 1216103 A 1 $293.08 OOOOY65E53503 12/13103 A 1 $277.99 OOOOY65E53513 12/20103 A 1 $382.12 OOOOY65E53523 12/27103 A 1 $40.73 OOOOY65E53014 113104 A 1 $88.43 0000Y65E53024 1/10104 A 1 $116.37 OOOOY65E53034 1/17104 A 1 $72.01 OOOOY65E53044 1/24104 A 1 $0.64 0000Y65E53054 1/31104 A 1 $0.87 OOOOY65E53074 2/14104 A 1 $6.47 OOOOY65E53104 318104 A 1 $11.71 OOOOY65E53114 3/13104 A 1 $10.87 Total $2,844.15 OOOOYW8683204 5/15104 A 1 $139.12 OOOOYW8683214 5122104 A 1 $495.67 0000YW8683224 5129104 A 1 $200.34 OOOOYW8683234 6/5104 A 1 $457.55 OOOOYW8683244 6/12/04 A 1 $147.11 OOOOYW8683254 6/19104 A 1 $261.82 OOOOYW8683264 6/28104 A 1 $162.30 OOOOYW8683274 713104 A 1 $248.08 OOOOYW8683284 7/10104 A 1 $260.28 OOOOYW6683294 7/17104 A 1 $423.61 OOOOYW6683304 7/24104 A 1 $150.93 OOOOYW6683314 7/31104 A 1 $132.33 OOOOYW8683324 WI04 A 1 $13.01 OOOOYW8683334 8114/04 A 1 $21.18 Total $3,113.33 GRAND TOTAL $13,324.31 , . .~-,' ~. ASSIGNmNT OF ACCOUNT (8) RECEIVABLE Effective Date; October 5, 2004 This Assignment of Aceount(s) Receivable is made by and between The RecovAR Group, LLC ("RecovAR") and United Parcel SeIVice, Inc. ("UPS") effective on the date m-st written above. WHEREAS, Each of the debtors identified ("Debtor'') on the Schedule to Assignrnent of Account(s) Receivable (the "Schedule") attached hereto is currently indebted to tIPS for the amount(s) lI1dicated for each on the Schedule together with allowable interest, attorney's fees and costs, where applicable, for services rendered and/or goods provided by UPS to Debtor (the "Debt"); 'WHEREAS, The Debt is not subject to offset, counterclaims or just grounds of defense; WHEREAS, UPS wishes to sell and RecovAR wishes to purchase the Debt; and, NOW THEREFORE, For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, UPS does hereby irrevocably assign, set over and transfer to RecovAR all rights, title and interest to the Debt. FOR: THE RECOV AR GROUP, ILC By~GQu....~ Pamela Bartlett Chief Operating Officer The RecovAR Group, LLC 11821 Parldawn Drive, Suite 310 Rockville, MD 20852 CE, mc By: Paul Gtllois or Bill Stubltrag;- Corporate Credit United Parcel Service, Inc. 55 GIenlake Parkway, NE Atlanta, GA 30328 ~8~ . . ATTORNEY VERIFICATION I, Alan R. Mege, Esquire, do hereby verity that I am the attorney for Plaintiff, The RecovAR Group, LLC., that I am fully authorized to make this Verification on their behalf, that the Plaintiff is unavailable to make this Verification, that the facts contained in the foregoing pleading are true and correct to the best of my knowledge, infonnation and belief, and the source of my infonnation are interviews with my client and the Plaintiff's filed documents. The verifier understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: AUl!USt 9. 2006 ~~/ ~ R. Mege, Esquire ~ - --0 - ~ J (:) \. lrl - ""V ~ ""'- tn If\ lI\ o ,J ?- ~ 1:: ~ q. Q ~~\\ ~ r..fJ1':'", -:f.,. '""; ~f:) ..., ~~ -9. n -:$ 0 ''Ii' ~'" ::::.\ ~ 'c': 'i? -:E:. ':h rV ~ '2 (.oJ \ SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04650 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RECOVAR GROUP LLC THE VS STAYMAN r.lI CHELLE ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT but was STAYMAN rl!ICHELLE unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , STAYMAN MICHELLE 118 LEE liliN COURT ENOLA, Pl\. 17025 DEFENDANT IS NOT AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge Postage 18.00 26.40 5.00 10.00 .39 59.79,/ ~ qI2~/()G Subscribed to before s~~ ~ R. Thomas Kline Sheriff of Cumberland County ALAN MEGE 08/29/2006 Sworn and me this day of A.D. .. " '~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04650 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RECOVAR GROUP LLC THE VS STAYMAN MICHELLE ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STAYMAN lV1ICHELLE DBA GODDESS CLOTHING CO DBA GODDESS AUCTIO but was unable to locate Her ln his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , STAYMAN MICHELLE DBA GODDESS CLOTHING CO DBA GODDESS AUCTIO, 118 LEE 1iliN COURT ENOLA, P1~ 17025 DEFENDANT IS NOT AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00~ ALAN MEGE ~ q!J.-v/o(. 08/29/2006 ~:~~ --2 R. Thomas Kline Sheriff of Cumberland County Sworn and Subscribed to before me this day of A.D. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE REeov AR GROUP, LLC., Plaintiff : No. Civil Term ex., ~ 4{,~D (J'u;LL~ VS. : CIVIL ACTION MICHELLE ST A YMAN i/d/b/a GODDESS CLOTHING, CO. d/b/a GODDESS AUCTIONS d/b/a ONLINE GODDESS CLOTHING, 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 ATTORNEYS 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 MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED NY 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 TELEPHONE (717) 249-3166 TRUE COpy FROM RECORD In T.....,wher80f. t ~pre unto SIll my IBId ~;t~J.~~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE REeov AR GROUP, LLC., Plaintiff No. Civil Term vs. CIVIL ACTION MICHELLE STA YMAN i/dlb/a GODDESS CLOTHING, CO. d/b/a GODDESS AUCTIONS d/b/a ONLINE GODDESS CLOTHING, Defendant COMPLAINT 1. The Plaintiff is The RecovAR Group, LLC. ("RecovAR"), a corporation with an address of 11821 Parklawn Drive, Suite 310, Rockville, MD 20852. 2. The Defendant is Michelle Stayman i/dlb/a Goddess Clothing Co., d/b/a Goddess Auctions d/b/a Online Goddess Clothing ("Goddess"), is an individual with a corporation with a mailing address of 118 Lee Ann Court, Enola, P A 17025. Count I - Breach of Contract 3. Defendant applied for and received United Parcel Service, Inc. ("UPS"), accounts, account numbers OYV684I 64Y6R6/777T8E / Y65E53 / YW6683. 4. Use of the UPS accounts were subject to the terms of the UPS General Tariff Containing The Classifications, Rules And Practices for the Transportation Of Property Agreement CAgreement"), a copy of which was sent to the Defendant. 5. Defendant used the UPS account numbers OYV684/64Y6R6/777T8E / Y65E53 / YW6683 for shipping. 6. Defendant was mailed account statements relative to the use of the UPS account numbers OYV684 I 64Y6R6 I 777T8E I Y65E53I YW6683. A true and correct copy of an account statement is attached hereto, made a part hereof and marked as Exhibit "A". 7. The Defendant has defaulted under the terms of the Agreement by failing to make monthly payments as they became due and owing. 8.. The within accounts were sold by United Parcel Service, Inc., to The RecovAR Group, LLC., ("RecovAR") for valuable consideration and all rights under said account were assigned to RecovAR. A true and correct copy of the Assignment Of Account(s) Receivable is attached hereto, made a part hereof and marked as Exhibit "B". 9. Pursuant to the terms of the Agreement, Plaintiff, upon default in payment, may declare the entire unpaid balance immediately due and payable without notice or demand. 10. Pursuant to the terms of the Agreement, Defendant, is liable for interest on the unpaid balance. 11. Pursuant to the terms of the Agreement, Defendant, is liable for Plaintiffs court costs and reasonable attorneys fees. 12. As of May 12,2006, the balance due and owing to Plaintifffrom Defendant was $13,324.31. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $13,324.31 plus costs and interest from May 12,2006 as well as reasonable attorneys fees of $3,331.08 and such other and further relief as the Court may deem just and appropriate. 2 Count II - Account Stated 13. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 14. The within account was an account in writing and expressly or impliedly accepted by both parties. 15. The amounts due and owing to Plaintiff by Defendant are based on a subsisting debt and arise from a preexisting account or course of dealing between the parties. 16. This account is an Account Stated, thereby operating to foreclose any dispute over the amounts due. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $13,324.31 plus costs and interest from May 12, 2006 as well as reasonable attorneys fees of $3,331.08 and such other and further relief as the Court may deem just and appropriate. Count III - Quantum Meruit 17. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 18. The services provided by Plaintiff, described above, were received by the Defendant, and the Defendant received and accepted the benefit of said services provided by Plaintiff. 19. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and expected to be paid for such. 20. At all times material hereto, Defendant, with the aforesaid knowledge, 3 permitted Plaintiff to provide the aforementioned services and incur damages. 21. At all time material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff fair and reasonable compensation. 22. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the value of the services described above and in the exhibits attached hereto, in the amount of$13,324.31 plus costs and interest from May 12,2006. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $13,324.31 plus costs and interest from May 12,2006 as well as reasonable attorneys fees of $3,331.08 and such other and further relief as the Court may deem just and appropriate. \ , . Mege, Esquire Atty. J.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, P A 18016 (610) 954-5393 4 . United Parcel Service General Information (G) Account: 64Y6R6 / Y65E53 / OYV684 /777T8E / YW6683 Name: MICHELLE STAYMAN D/B/A GODDESS CLOTHING COMPANY DBA GODDESS AUCTIONS DBA ONLINE GODDESS CLOTHING 4182 ELK CT APT 104 MECHANICSBURG, PA 17050 Phone: (717) 592-8404 Balance: $13,324.31 W/E Trans Adj Invoice No. Date Type Type Amount 00000YV684044 1/24/04 A 1 $23.50 00000YV684054 1/31/04 A 1 $35.00 00000YV684064 217/04 A 1 $42.80 00000YV684074 2/14/04 A 1 $50.77 00000YV684094 2/28/04 A 1 $388.32 00000YV684104 3/6/04 A 1 $311.48 00000YV684114 3/13/04 A 1 $120.29 00000YV684124 3/20/04 A 1 $435.43 00000YV684134 3/27/04 A 1 $32.79 00000YV684144 4/3/04 A 1 $23.93 00000YV684154 4/10/04 A 1 $19.90 00000YV684164 4/17/04 A 1 $52.91 00000YV684174 4/24/04 A 1 $1.64 00000YV684184 5/1/04 A 1 $1.20 00000YV684194 5/8/04 A 1 $1.00 Total $1,540.96 000064Y6R6124 3/20/04 A 1 $97.75 000064Y6R6134 3/27/04 A 1 $243.95 000064Y6R6144 4/3/04 A 1 $409.94 000064Y6R6154 4/10/04 A 1 $427.43 000064Y6R6164 4/17/04 A 1 $933.72 000064Y6R6174 4/24/04 A 1 $1,104.42 000064Y6R6184 5/1/04 A 1 $593.53 000064Y6R6194 5/8/04 A 1 $1,247.02 000064Y6R6204 5/15/04 A 1 $388.68 000064Y6R6214 5/22/04 A 1 $82.47 000064Y6R6224 5/29/04 A 1 $61.80 0OOO64Y6R6234 6/5/04 A 1 $52.21 000064Y6R6284 7/10/04 A 1 $55.69 00OO64Y6R6294 7/17/04 A 1 $12.15 Total $5,710.76 0OOO777T8E214 5/22/04 A $109.63 0OOO777T8E254 6/19/04 A $5.48 Total $115.11 II iJ loA .-' 0000Y65E53403 10/4/03 A 1 $17.42 0000Y65E53413 10/11/03 A 1 $370.44 0000Y65E53423 10/18/03 A 1 $147.34 0000Y65E53443 11/1/03 A 1 $310.11 0000Y65E53453 11/8/03 A 1 $176.96 0000Y65E53463 11/15/03 A 1 $181.15 0000Y65E53473 11/22/03 A 1 $171.03 0000Y65E53483 11/29/03 A 1 $168.41 000OY65E53493 12/6/03 A 1 $293.08 OOOOY65E53503 12/13/03 A 1 $277.99 00OOY65E53513 12/20/03 A 1 $382.12 0000Y65E53523 12/27/03 A 1 $40.73 000OY65E53014 1/3/04 A 1 $88.43 00OOY65E53024 1/10/04 A 1 $116.37 000OY65E53034 1/17/04 A 1 $72.01 0000Y65E53044 1/24/04 A 1 $0.64 00OOY65E53054 1/31/04 A 1 $0.87 OOOOY65E53074 2/14/04 A 1 $6.47 OOOOY65E53104 3/6/04 A 1 $11.71 OOOOY65E53114 3/13/04 A 1 $10.87 Total $2,844.15 0000Y'N6683204 5/15/04 A 1 $139.12 OOOOY'N6683214 5/22/04 A 1 $495.67 0000Y'N6683224 5/29/04 A 1 $200.34 OOOOYW6683234 6/5/04 A 1 $457.55 OOOOYW6683244 6/12/04 A 1 $147.11 000OYW6683254 6/19/04 A 1 $261.82 00OOYW6683264 6/26/04 A 1 $162.30 OOOOYW6683274 7/3/04 A 1 $248.08 OOOOYW6683284 7/10/04 A 1 $260.28 OOOOYW6683294 7/17/04 A 1 $423.61 000OYW6683304 7/24/04 A 1 $150.93 0000YW6683~i 14 7/31/04 A 1 $132.33 0000Y'N6683324 8n 104 A 1 $13.01 0000Y'N6683:i34 8/14/04 A 1 $21 .18 Total $3,113.33 GRAND TOTAL $13,324.31 ASSIGNMENT OF ACCOUNT (8) RECEIVABLE Effe<itive Date: October 5, 2004 This Assignment of Account(s) Receivable is made by and between The RecovAR Group, LLC ("RecovAA") and United Parcel Service, Inc. t'UPS") effective on the date firstwntten above. WHJ~REAS, Each of the debtors identified ("Debtor") on the Schedule to Assignment of Account(s) Receivable (the aSchedulen) attached hereto is currently indebted to lIPS for the amount(s) indicated for each on the Schedule together with allowable interest, attorney's fees and costs, where applicable, for services rendered and/or goods provided by UPS to Debtor (the "Debt"); WHEREAS, The Debt is not subject to offset7 counterclaims or just grounds of defense; Wlur.REAS, UPS wishes to sell and Reeov AR wishes to purchase the Debt; and, NO\V TIIEREFORE, For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, UPS does hereby jrrevocably assign, set over and transfer to Recov AR all rights, title and interest to the Debt. FOR: THE RECOV AR GROUP, LLC ByQ~~c-;~ Pamela Bartlett CE, me Chief Operating Officer The Recov AR Group, LLC 11821 Parklawn Drive, Suite 310 Rockville, MD 20852 By: Paul Gallais or Bill Stuhltrager Corporate Credit United Parcel Service~ Inc. 55 Glenlake Parkway, NE Atlanta, GA 30328 aA V\ ATTORNEY VERIFICATION I, Alan R. Mege, Esquire, do hereby verify that I am the attorney for Plaintiff, The RecovAR Group, LLC., that I am fully authorized to make this Verification on their behalf, that the Plaintiff is unavailable to make this Verification, that the facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and the source of my information are interviews with my client and the Plaintiffs filed documents. The verifier understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: August 9. 2006 ~-- C\ \1 :t:. 0 \ \-luUl L;;,~ . ~ . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA THE RECOV AR GROUP, LLC., Plaintiff : No. Civil Term 06-4650 vs. : CIVIL ACTION MICHELLE STA YMAN i/d/b/a GODDESS CLOTHING, CO. d/b/a GODDESS AUCTIONS d/b/a ONLINE GODDESS CLOTHING, Defendant PRAECIPE TO THE CLERK OF SAID COURT: 1 ~ ~COU*L(J,.~ ~.~ Please enter judgment in favor of Plaintiff C€lmmew;;ealtfl. fiftftt1dal S, 5t~ms, 1ft&. and against Defendant Michelle Stayman i/d/b/a Goddess Clothing Co., d/b/a Goddess Auctions d/b/a Online Goddess Clothing in the amount of$16,655.39 plus costs and interest from May 12, 2006, for want of filing an Answer. I certify that a 10-day notice, a copy of which is attached hereto, was served on Defendant via first class mail on November 16,2006. - , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE RECOV AR GROUP, LLC., Plaintiff : No. Civil Term 06-4650 vs. : CIVIL ACTION MICHELLE STA YMAN iid/b/a GODDESS CLOTHING, CO. d/b/a GODDESS AUCTIONS d/b/a ONLINE GODDESS CLOTHING, Defendant TEN DAY NOTICE TO: Michelle Stayman ifd/b/a Goddess Clothing Co., d/b/a Goddess Auctions d/b/a Online Goddess Clothing, 1840 Ashcombe Dr., Dover, PA 17315 DATE OF NOTICE: November 16, 2006 YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MA Y LOSE YOUR MONEY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LA WYER 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. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, P A 17013 TELEPHONE (717) 249-3166 an R. Mege, q. Attorney ID 0.81288 Attorney for Plaintiff Law Offices of Alan R. Mege, Esq. P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA The Recovar Group, LLC Plaintiff YS. NO. 06-4650 Michelle Stayman i1d/b/a Goddess Clothing Co. Defendant AFFIDAVIT OF NON-MIl-IT ARY SERVICE The undersigned, being duly sworn, according to law, deposes and says that the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; That Michelle Stayman i/d/b/a Goddess Clothing Co. is over 18 years ofage, resides at 1840 Ashcombe Dr., Dover, PA 17315 and is employed That Defendant is years of age, resides at and is employed That Defendant years of age, resides at and is employed That Defendant is is years of age, resides at and is employed I, Alan R. Mege, Esquire, do hereby verify that I am the attorney for Plaintiff, that I am fully authorized to make this Verification on their behalf, that the Defendants are unavailable to make this Verification. that the facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and the source of my information are interviews with my client and the Plaintiff's filed documents. The verifier understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 re atin to unsworn falsification to authorities. Dated: f r/~7/CJ? t1-~ ~ ~ ~ ~ II) ~ ~ ~ ~~ .(Q. ...0 , o \) ~ ~ (") c: ~ "1:) !~ , 1"11 O'~C ~;;b (I) ;."':' ..-" --" r"" <" -~ ........)> ~,- :;~i ~ ~ r--.) ~ ~ ~ ~:n < en,.... N :B p::J \.O-J." -- .~~? v .,.-..,.{ ::J: ':J ..!..I zO N Om .. ~ U1 ?E w -< ~ ~i~ t ~ ~ ~ F~d 2-\ -0 r !- ~ ~ ~ -"t) ~ ~t r ~ ):-r~ ~ . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA THE RECOV AR GROUP, LLC., Plaintiff vs. MICHELLE STA YMAN ifd/b/a GODDESS CLOTHING, CO. d/b/a GODDESS AUCTIONS d/b/a ONLINE GODDESS CLOTHING, Defendant ( : No. Civil Term 06-4650 : CIVIL ACTION ) Notice is hereby given that a Judgment in the above captioned matter has been entered against you in the amount of $16,655.39 plus costs and fees on vtb() ;;1.9 ( , 2006. ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. ~{l~ By: If you have questions regarding this Notice, please contact the filing party: NAME: Alan R. Mege. Esq. ADDRESS: P.O. Box 1426 Bethlehem. P A 18016 TELEPHONE NO. 610-954-5393 (This Notice is given in accordance with Pa.R.C.P.~236.) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04650 P COMMONWEALTH OF PENNSYLVANIA: CX)UNTY OF CUMBERLAND RECOVAR GROUP LLC THE VS STAYMAN MICHELLE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: STAYMAN MICHELLE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 1st, 2006 , this office was in receipt of the attached return from YORK 18.00 9.00 10.00 38.12 1. 50 76.62 / it/IS/OlD f7 11/01/2006 r ALAN MEGE ine Cumberland County Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage So Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04650 P COMMONWEALTH OF PENNSYLVANIA: C~UNTY OF CUMBERLAND RECOVAR GROUP LLC THE VS STAYMAN MICHELLE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: STAYMAN MICHELLE DBA GODDESS CLOTHING CO DBA GODDESS AUCTIO but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 1st, 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 ./ 11/01/2006 ALAN MEGE :o~ Sheriff of Cumberland County /I/'~ I b(, Cj-. Sworn and subscribe to before me day of this A.D. COUNTY OF YORK OFFICE OF THE SHERIFF 2 OF 2 '-/ 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 2 ffiP~4~B~vil 06- 4650 1 PLAINTIFF/51 The Recovar Group LLC 4. TYPE OF WRIT OR COMPLAINT N.O TIC E & C I C A Michelle Stayrnan et al Notlce and Camplalnt SERVE { 5 NAME OF INDIVIDUAL. COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD . Michelle Stayman dba Goddess Cltohing Co dba Gcxidess Auctions dba Online Goddess Clothinl 6. ADDRESS (STREET OR RFO \IVITH BOX NUMBER. APT NO. CITY. BORO, T'J\/P . STATE AND ZIP CODE) AT 1840 Ashcanbe Drive Dover, PA 17315 7. INDICATE SERVICE CI PERSONAL 0 PERSON IN CHARGE Jl(DEPUTIZE U CERT. MAIL a 1ST CLASS MAIL U POSTED U OTHER NOW October U , 20 Ub I, SHERIFF &_~UNTYo PA, do hereby deputize the sheriff of York COUNTY to execute thi ke return t ccording to law. This deputization being made at the request and risk of the plaintiff., 3 DEFENDANT/51 8. SPECIALlNSTRUCTIONS OR OTHER INFORMATION THAT \IVILL ASSIST IN EXPEDITING SmY'FE 0 F CO U NT Y ADVANCE FEE PAID BY ATTY. Please mail return of service to Q.mberland County Sheriff. Thank you. NOTE: ONLY APPUCABlE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy shenfllevying upon or attaching any property under with,n wnt may leave same wilhoul a walchman. in custody of whomever is found in possession, afler notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, deStludion. or removal of any property before sheriff's sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE ^ LAN R. ~.1 E G E, E SQ. PO BOX 1426, BETHLEHEM, PA 18016-1426 10_ TELEPHONE NUMBER 11 DATE FILED 610-954-5393 10/11/2006 12_ SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW (This area must be completed if notice is to be mailed) CUMBERLAND CO. SHERIFF 22. REMARKS: 23_ Advance Costs 33 Costs Due or Refund Check No 40. Costs Due or Refund ....--."---.-'.------""' 44. Signature of Dep. Sherift 46. Signature of York [l.".N"J1J A County Sheriff r' - -- -' WILLIAM H 48. Signature of Foreign County Sheriff .20 , 0'/ NOTARY L1SA.L; GOVIi7v'iAN, N UBLlC ell'! O~ YORK. YORK COUNTY MY CO'virvl!SS!U'~ EXPIRES AUG. 12,2009 - COUNTY OF YORK OFFlCI: OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 1 OF 2 ,. I' '1 SERVICE CALL (717) 771-9601 , P\.AI"11FFISI The Recavar Group LLC 2 COURT NUMBER 6-4650 civil 4. TYPE OF \l\lRIT OR COMPLAINT NoticeN~J rc~a~fA SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 3 DEFENDANT/Sf Micflelle Stayrnan et al 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION. HC TO SERVE OR DESCRIPTION OF PROPERTY TO BE lEVIED, ATTACHED, OR SOLD Michelle Stayman 6 ADDRESS (STREET OR RFO IMTH BOX NUMBER, APT NO. CITY, BORO, TVVP. STATE AND ZIP CODE) 1840 Ashcambe Drive Dover, PA 17315 7 INDICATE SERVICE' 0 PERSONAL LJ PERSON IN CHARGE .kDEPUTIZE lJ CERT. MAil LllST CLASS MAIL U POSTED U OTHER October 12 ,20~ I, SHERIFF OF~d8u~TY, PA, do hereby deputize the sheriff of York COUNTY to execute this ke return t ccording to law. This deputization being made at the request and risk of the plaintiff., SERVE .. AT { NOW 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WIll ASSIST IN EXPEDITING SERVIC{J U T AOV~NCE FEE PAID BY ATTY. Please mail return of service to Cunberland County Sheriff. Thank you. NOTE: ONLY APPUCABlE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy shenff levying upon Of attaching any property under within Writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment. WIthout liabtlity on the part of such deputy or the sheriff to any plaintiff herein for any loss. destrudion. Of removal of any property before sheriff's sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUR" LAN R. ME G E, E SQ. PO BOX 1426, BETHLEHEM, PA 18016-1426 10. TELEPHONE NUMBER 11 DATE FILED 610-954-5393 10/11/2006 12 SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BelOW (This area must be completed if nollce is to be mailed) CUMBERLAND CO. SHERIFF 13. I acknowledge receipt of the writ or complaint as indicated above. 16. HOW SERVED: o 41. AFFIRME 42 day of 45 Djl>E'.J, Db 47. OA E 23. Advance Costs $100.00 ~. Fcnlgn County Costa 48. Signature of Foreign County Sheriff SO. I ACKNOWlEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTH~IZED ISSUING AUTHORITY AND TITLE 1. WiITE -1sIumg Authority 2. PINK - AttOfney 3. CANARY. Sherifl's Office 4. BLUE. Shenfl's 0Ifice 49 DATE 51 DATE RECEIVED