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HomeMy WebLinkAbout03-3835GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, Identification No.: 41360 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 ESQUIRE DISCOVER BANK, DISCOVER CARD PRE CHARGE- HILLIARD OH 43026 A MORGAN STANLEY CO.: VS. SCOTT B. SINGISER 1101 LINDHAM CT MECHANICSBURG PA 17055 NOTICE THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. COURT OF COMMON PLEAS CUMBERLAND COLrNTY DOCKET YOB 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) 24903166 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, Identification No.: 41360 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 ESQUIRE DISCOVER BANK, A MORGAN STANLEY CO. DISCOVER CARD PRE CHARGE- HILLIARD OH 43026 vs. SCOTT B. SINGISER 1101 LINDHAM CT MECHANICSBURG PA 17055 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: COMPLAINT IN CIVIL-ACTION 1. At ali. times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 2. Defendant(s) 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. 3. The defendant(s)received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. 4. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due in the amount of $7,073.46. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $7,073.46 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. WHEREFORE, plaintiff claims of the defendant(s)the sum of $7,073.46, plus 6% interest from 10/31/002, court costs, and attorney's fees all of which is justly due and owing from defendant(s) to plaintiff. P01A GORDON & WEINBERG, P.C. BY: FREDERI~C I W ERG, Attorney ~~ai~tiffESQUIRE VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) 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. WEIN~, E~'QuIRE SHERIFF'S RETURN - CASE NO: 2003-03835 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS SINGISER SCOTT B REGULAR VALERIE WEARY , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 4th day of September, by handing to together with says, the within COMPLAINT & NOTICE SINGISER SCOTT B DEFENDANT , at 1846:00 HOURS, on the at 1101 LINDHAM COURT # 701 MECHA-NICSBURG, PA 17055 SCOTT SINGISER a true and attested copy of COMPLAINT & NOTICE 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 26.91 Affidavit .00 Surcharge 10.00 .00 54.91 Sworn and Subscribed to before me this /?~ day of g~2'~ ~2 ~v3~ A.D. ' Prothonotary So Answers: R. Thomas Kline 09/05/2003 GORDON & WEINBERG Deputy Sheriff GORDON & WEINBERG, P.C. By: FREDERIC I. WEINBERG, Identification No.: 41360 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 ESQUIRE DISCOVER BANK, A MORGAN STANLEY CO. : : SCOTT B. SINGISER : COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 03-3835 Civil 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. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL FREDERIC I. WEINBERG, ESQUIRE AT 215/988-9600. GORDON BY: & WEINBERG, P.C. Dated: October 16, 2003 GORDON & WEINBERG, P.C. By: FREDERIC I. WEINBERG, Identification No.: 41360 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 ESQUIRE DISCOVER BANK, A MORGAN STANLEY CO. : VS. SCOTT B. SINGISER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 03-3835 Civil PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, SCOTT B. SINGISER, and assesse~ the damages as per statement below, i~/! FREDERI ESQUIRE Attorney for~ntiff Principal $7,073.46 Court cost $155.50 Interest from October 31, 2002 @6% $406.97 Total: $7,635.93 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 an~at least ten (10) to the date of the filing of thi~ FREDERIC I. WEINB~R~, E~QUIRE Attorney for Filed: By the Prothonotary: AND NOW, this Judgment is entered defendant, for want trial. days prior in favor of the plaintiff(s) of an answer and damages assessed at Prothonotary ~ ~ , 2003 and against time of GORDON & WEINBERG, P.C. By: FREDERIC I. WEINBERG, Identification No.: 41360 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 ESQUIRE DISCOVER BANK, A MORGAN STANLEY CO. VS. SCOTT B. SINGISER : COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 03-3835 Civil CERTIFICATION OFADDRESS I hereby certify that the precise residence of the holder of the within judgment is; DISCOVER BANK, A MORGAN STANLEY CO., DISCOVER CARD PRE CHARGE-, HILLIARD, OH and that the last known address of defendant, SCOTT B. SINGISER, 1101 LINDHAM CT, MECHANICSBURG PA 17055. BY: GORDON & WEINBERG, P.C. FREDERIC G, ESQUIRE Attorney -for Plaintiff GORDON & WEINBERG, P.C. By: FREDERIC I. WEINBERG, Identification No.: 41360 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 ESQUIRE DISCOVER BANK, A MORGAN STANLEY CO. : VS. : SCOTT B. SINGISER : COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 03-3835 Civil /~FFIDAVIT 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, 1101 LINDHAM CT, MECHANICSBURG PA 17055; 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 ml this I~Day / C~y of Ph~a(fel~h~, Phila, dounty FREDERIC SQUIRE Attorney for l~_~t i f f GORDON & WEINBERG, P.C. By: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 DISCOVER BANK, A MORGAN STANLEY CO. : VS. ~ SCOTT B. SING1SER : COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 03-3835 Civil NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA : SCOTT B. SINGISER DATE OF NOTICE/FECHA DEL AVISO: September 30, 2003 IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN-NOT AFFORX) ONE, GO TO OR TELEPHONE THE FOLLOWrNG OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: AVISE IMPORTANTE USTED ESTA EN REBELDIA PORQUE HA FALLADO EN TOMAR LA ACTION EXIG1DA DE SU PARTE EN ESTE CASE. A MENOS DE QUE USTED ACTUE DENTRO DE DIEZ DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE REGISTRAR UNA SENTENCIA CONTRA USTED, SIN EL BENEFICIO DE UNA AUDIENCIA Y PUEDE PERDER SU PROPIEDAD O DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE AVISO A UN ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, DEBE COMUNICARESE CON LA SIGUIENTE OFIC1NA PARA AVERIGUAR DONDE PEUDE OBTEN ER AYUDA LEGAL: CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 24903166 P10D GORDON & WEINBERG, P.C. BY: FREDERIC I. WE1NBERG. ESOIJ,~'-~ GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQ. & PAUL M. SCHOFIELD, JR., ESQ. I.D.//41360 & 81894 21 SOUTH 21st STREET PHILADELPHIA, PA 19103 (215) 988-9600 DISCOVER BANK, A MORGAN STANLEY CO. DISCOVER CARD PRE CHARGE HILLIARD, OH 43026 VS. SCOTT B. SINGISER 1101 LINDHAM CT MECHANICSBURG, PA 17055 and PENNSYLVANIA STATE BANK 91 CUMBERLAND PKWY. MECHANICSBURG, PA 17055 GARNISHEE ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-3835 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed m the Sheriff of Cumberland County; (1) against SCOTT B. SINGISER (2) against PENNSYLVANIA STATE BANK SEIZE ANY AND ALI. BANK ACCOUNTS GARNISHMENT ONLY (3) AMOUNT DUE $7,635.93 defendant(s) and garnishee(s) INTEREST from 10/22/03 $120.64 (Costs to be added) $ TOTAL $. Att~ff(s) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3835 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, A MORGAN STANLEY CO. DISCOVER CARD PRE CHARGE, Plaintiff (s) From SCOTT B. SINGISER, 1101 L1NDHAM CT, MECHANICSBURG, PA 17055 (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 PENNSYLVANIA STATE BANK, 91 CUMBERLAND PKWY, MECHANICSBURG, PA 17055 - SEIZE ANY AND ALL BANK ACCOUNTS GARNISHMENT ONLY 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 am directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $7,635.93 Interest FROM 10/22/03 - $120.64 Atty's Corem % Atty Paid $137.41 Plaintiff Paid Date: FEBRUARY 9, 2004 (Seal) REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQ. Address: GORDON & WEINBERG, P.C. 21 SOUTH 21sr STREET PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-988-9600 Supreme Court ID No. 41360 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary Deputy SHERIFF'S RETURN - CASE NO: 2003-03835 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND GARNISHEE DISCOVER BANK VS SINGISER SCOTT B And now RICHARD SMITH Cumberland County of Pennsylvania, to law, at 0010:18 Hours, on the 12th day of February as herein commanded all goods, chattels, rights, debts, moneys of the within named DEFENDANT SINGISER SCOTT B hands, possession, or control of the within named Garnishee PA STATE BANK 91 CUMBERLAND PARKWAY ,Sheriff or Deputy Sheriff of who being duly sworn according 2004, attached credits, and , in the MECI43tNICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to PAM THOMPSON (MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 R. Thomas Kline Sheriff of Cumberland County this..oV~2~~ A.D.' day of~ // /~ep~ty~heriff Pro~hc~notary GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQ. & PAUL M. SCHOFIELD, JR., ESQ. I.D. #41360 & 81894 21 SOUTH 2Ft STREET PHILADELPHIA, PA 19103 (215) 988-9600 DISCOVER BANK, A MORGAN STANLEY CO.: DISCOVER CARD PRE CHARGE : ATFORNEYS FOR PLAINTIFF HILLIARD, OH 43026 VS. SCOTT B. SrNGISER 1101 LINDHAM CT MECHANICSBURG, PA 17055 and PENNSYLVANIA STATE BANK~ 91 CUMBERLAND PKWY. MECHANICSBURG, PA 17055 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-3835 CIVIL TERM PRAECIPE TO DISSOLV~ ATTACHMENT TO THE PROTHONOTARY: Kindly mark the attachment of the defendant's bank account with PENNSYLVANIA STATE BANm~shee i.~e entitled matter satisfied an~dissolve~th~tacnmenyof the defendant's bank account. ~ ~ \ PAU~ ~. SCHOFIEJ~D, JR., ESQUIRE ~.e~ney for Plaintiff ~'1.. C;' ~~~ ~^ ,4.. ~ l~'.~+d ~" I I r' 1- ~ :C.~ Discover Bank VS Scott Singiser Writ of Execution Docket No. 2003-3835 Civil Term E„' rV c 4l ~ ~ :. i R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned ABANDONDED. No action has been taken since February of 2004. Sheriff's Costs: Docketing $18.00 Surcharge 30.00 Garnishee 9.00 Levy 20.00 Mileage 6.90 Prothonotary 1.00 Law Library .50 Poundage 1.71 $87.11 /'` ~u j~s~ci So Answers: T ~..~-~- R. Thomas Kline, Sheriff ~~// BY .C~ O(~- Sergeant ~ ~v- c:~e_. -~~ Y ~ ~ IiCe,c-= ~