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Home My WebLink About07-0746 2031811 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Collins Financial Services, In COURT OF COMMON PLEAS As Successor in Interest to CUMBERLAND COUNTY American Investment Bank, N.A. 2101 W. Ben White Blvd. Austin TX 78704 VS. DOCKET NO. : &7 MARIA GIVENS 502 MILL RACE RD CARLISLE PA 17013 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 JUDGEMENT 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 r -00% COMPLAINT IN CIVIL-ACTION 1. Plaintiff is a debt buyer and successor in interest to the original creditor as set forth in the caption of this Complaint. 2. At all times relevant hereto, the defendant was the holder of a credit card, which at the request of the defendant was issued to the defendant by the plaintiff under the terms of which the plaintiff agreed to extend to defendant the use of plaintiff's credit facilities. 3. Defendant accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 4. The defendant received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. 5. All the credits to which the defendant is entitled have been applied and there remains a balance due in the amount of $2,432.66. 6. Plaintiff has made demand upon the defendant for payment of the balance due of $2,432.66 but the defendant has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant's last payment on account was made on February 8, 2003. WHEREFORE, plaintiff claims of the defendant the sum of $2,432.66 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC;I. W BERG, ESQUIRE PAUL M. kHOVIELD, JR., ESQUIRE Attorney for Plaintiff P01A.DB VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. WE BERG, ESQUIRE O r ?? : Gn3 =*-J co 'G 1 V,3 ot,) GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Collins Financial Services, In As Successor in Interest to American Investment Bank, N.A. VS. MARIA GIVENS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO 07-746 PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, MARIA GIVENS, and assesses the damages as per statem t below. FREDERIC I. WEINBER SQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiff Principal $2,432.66 Interest from 2/08/03 @0's $.00 Costs (Complaint & Service) $87.90 Total: $2,520.56 I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to his 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. FREDERIC I. WEI , ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this day of it-tL "l.. , 2007 Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum of , $2,520.56 as per the above certification. 4? - f" - Proth otary GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Collins Financial Services, In As Successor in Interest to American Investment Bank, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. MARIA GIVENS DOCKET NO. : 07-746 CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; Collins Financial Services, InAs Successor in Interest to American Investment Bank, N.A. and that the last known address of defendant, MARIA GIVENS, 502 MILL RACE RD, CARLISLE PA 17013. GORDON & WEINBERG, P.C. BY: FREDERIC I, A?WE BER G, ESQUIRE PAUL M. SC D, JR.,ESQUIRE Attorney for Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Collins Financial Services, In As Successor in Interest to American Investment Bank, N.A. vs. MARIA GIVENS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-746 AFFIDAVIT OF NON-MILITARY SERVICE FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he represents the plaintiff in the above- entitled case; that he is authorized to make this affidavit on behalf of the plaintiff; and that the above-named defendant is over twenty- one years of age; that the address of the defendant is, 502 MILL RACE RD, CARLISLE PA 17013; that the occupation of the defendant is unknown; and that the defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Sworn to and Subscribed Before me this Day o 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTAR=(;Ounty CHRISTINE M. CCity of Philadel!1L'r°w:_ _2? - FREDERIC I. WE RG, ESQUIRE PAUL M. SCHOFIELD, JR. ESQUIRE Attorney for Plaintiff n GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 2031811 Collins Financial Services, In As Successor in Interest to American Investment Bank, N.A. VS. MARIA GIVENS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-746 NOTICE OF INTENTION TO TARE DEFAULT TO/PARA MARIA GIVENS 502 MILL RACE RD CARLISLE PA 17013 DATE OF NOTICE/FECHA DEL AVISO: March 2, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBER P.C. BY: FREDERIC I. EINB G, ESQUIRE PAUL M. SOHO JR., ESQUIRE P10D-2 n ? W J o ? F- -lz c r J =- co F, 2031811 ' GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Collins Financial Services, In As Successor in Interest to American Investment Bank, N.A. VS. MARIA GIVENS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-746 NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $2,520.56. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE NB , ESQUIRE PAUL M. SCHOFIELD, JR.,ESQUIRE Attorney for Plaintiff Dated: March 13, 2007 SHERIFF'S RETURN - REGULAR CASE NO: 2007-00746 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLLINS FINANCIAL SERVICES VS GIVENS MARIA WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE GIVENS MARIA was served upon the DEFENDANT , at 0843:00 HOURS, on the 9th day of February-, 2007 at 502 MILL RACE ROAD CARLISLE, PA 17013 MARIA GIVENS 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 Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.00 4.40 00 10.00 R. Thomas Kline .00 32.40 02/12/2007 04 GORDON & WEINBERG By: day 101 Deputy Sheriff of A. D. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Collins Financial Services, Inc CIT Bank 2101 W. Ben White Blvd. Austin TX 78704 VS. MARIA GIVENS 502 MILL RACE RD CARLISLE PA 17013 and M&T Bank 1958 Spring Road Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-746 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against- MARIA GIVENS- (2) against M&T Bank defendant(s)and garnishee(s) (3) AMOUNT DUE $2,520.56 INTEREST from March 28, 2007 $160.04 COSTS Prothonotary fee Sheriff fee TOTAL FREDERIC I. WEI RG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff n ? N r7 ? 1. At ?? a 00-40 Cl) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-746 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COLLINS FINANCIAL SERVICES, INC., CIT BANK, Plaintiff (s) From MARIA GIVENS, 502 Mill Race Rd, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M&T BANK, 1958 Spring Road, Carlisle, PA 17013 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 $2,520.56 Interest from 3/28/07 -- $160.04 Atty's Comm % Atty Paid $128.90 Plaintiff Paid Date: 10/22/08 L.L. $.50 Due Prothy $2.00 Other Costs Curti CL 0- n g, Prg1h (Seal) REQUESTING PARTY: Name FREDERIC E. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF By: Deputy Telephone: 484-351-0500 Supreme Court ID No. 41360 SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-00746 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND COLLINS FINANCIAL SERVICES VS GIVENS MARIA And now MICHELLE GUTSHALL ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:14 Hours, on the 29th day of October , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEF7mnArTT GIVENS MARIA hands, possession, or control of the within named Garnishee M & T BANK 812 & 1/2 W HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to TAMMY CUNNINGHAM (BRANCH SALES ASSOCIATE in the personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to So answe .00 .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 0 0 ?? ???9n?6F, 10/29/2008 before me this day of A.D By 7 eputy Sheriff I GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Collins Financial CIT Bank 2101 W. Ben White Austin TX 78704 MARIA GIVENS 502 MILL RACE RD CARLISLE PA 17013 and services, Inc Blvd. VS. M&T Bank 1958 Spring Road Carlisle , PA 17013 GARNISHEE INTERROGATORIES IN ATTACHMENT TO: M&T Bank - GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO 07-746 W?J(S--p You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? 14__-2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. 't) 0 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest. Al 0 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? A o 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction onsent and what was the consideration thereof? or i v 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to his(her, their) direction or otherwise discharge any cl 'm of the defendant(s) against you? 0 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being O ? funds that upon deposit are exempt from execution, l l ? i f d l \a2 5 ? era aw van a or e levy or attachment under Pennsy If so, identify each account and state the reason for c, the exemption, the amount being withheld under each G?,?2 exemption and the entity electronically depositing ' rcus?, n? those funds on a recurring basis. vase . 5 oc/,q L ?S !6 Ir'r 8. If you are a bank or other financial institution, ?Lt the time you were served or any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? If so, identify each account. s A m /45- 'S f7:3, jzrz) 9. How much is the value of any property in your possession belonging to the defendant(s)? /a GL % s ci ?FS? / a Y-5 FREDERIC I. EIN G, ESQUIRE /"24 6ei *4 JOEL M. FLINK, SQUIRE Dennis S4'011eyAttorney for Plaintiff DATED: / ??4' f?tiJ`' P?y?-t JANICE K GLASWW M&T BANK Account Not Held Due to Exemption over the preceding 90-days, the balance was below $20 and all deposits subsequent to that lowest balance consisted of Social Security Direct Deposit NO HOLDf3o,.0 Account balance under - At a Negative Balance. Giv- surd one 2031811 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Collins Financial Service s, Inc. CIT Bank Dell Computer Corporation VS. MARIA GIVENS and M&T Bank Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-746 PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with M&T Bank, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FREDERIC I. INBERG, ESQUIRE JOEL M. F 'tTgK, ESQUIRE Attorney for Plaintiff Poll w ? r I i i -5 P C rn p C9 R. Thomas Kline, Sheriff, who being duly sworn according to law, states is writ is returned STAYED, WRIT IS EXPIRED. 0 S'heriff's Costs: Advance Costs: Sheriff's Costs: Docketing 18.00 Poundage 1.71 Law Library .50 Prothonotary 2.00 Mileage 5.00 Surcharge 30.00 Garnishee 9.00 Levy 20.00 Postage .88 TOTAL 87.09 C?Vg 150.00 a-in 87.09 62.91 Refunded to attorney 05-20-09 ? -/" '/o ? 4?- So Answers; J ,or v R. Noma; Kline, Sheriff B €:01V hZ1008001 c!d `,l1MI-,U', ri r `?rdl 3J183HS 341 n ^? C? Vic. 49L?Y ,?, ,1 a SPad WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-746 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COLLINS FINANCIAL SERVICES, INC., CIT BANK, Plaintiff (s) From MARIA GIVENS, 502 Mill Race Rd, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M&T BANK, 1958 Spring Road, Carlisle, PA 17013 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 $2,520.56 Interest from 3/28/07 -- $160.04 Atty's Comm % Atty Paid $128.90 Plaintiff Paid Date: 10/22/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Curtfs R. Long, Pr tary By: Deputy REQUESTING PARTY: Name FREDERIC E. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360