HomeMy WebLinkAbout07-5635
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H0073296
THIS IS AN ARBITRATION MATTER. ASSESSMENT OF
DAMAGES HEARING REQUIRED.
Goldman & Warshaw, P.C.
BY : FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
1001 E. Hector Street, Suite 220
Conshohocken, PA 19428.
484-351-0500
Toll Free (888) 437-4832
OLIPHANT FINANCIAL, LLC as
assignee of BONTON DEPARTMENT
STORE/BONTON CREDIT CARD
1800 2ND ST
SARASOTA, FL 34230
vs.
AMANDA R FISHER
PO BOX 1412
CARLISLE PA 17013-6412
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 07_ 5(035 l,iivi ~ ~~f IN)
NOTI
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 TRKE 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
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(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.
3. 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.
4. 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. A true and correct copy
of the Statement of Account is attached hereto as Exhibit "A".
5. All the credits to which the defendant(s)is entitled have
been applied and there remains a balance due in the amount of
$1,106.38.
6. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $1,106.38 but the defendant(s)has
failed and refused and still refuses to pay the same or any part
thereof.
6. Defendant's last payment on account was made on
10/22/2003.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$1,106.38 plus applicable costs, interest and attorney's fees.
Goldman & Warshaw, P.C.
BY:
FREDERIC I. WEI RG, ESQUIRE
Attorney for aintiff
POlA.DB
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. W NBERG, SQUIRE
EXHIBIT "A"
~/Oa73 ~.
OL.IPHANT FINANCIAL, LLC
0000752717
Amanda R Fisher
PO BOX 1412
CARLISLE, PA 17013-6412
STATEMENT OF ACCOUNT
P.O. Box 2899
SARASOTA, FL 34230-289
Pt-~oNE: (800) 262-199
Soc Sec No: ~ooc xx-3146
x~oc-xx-
REPORT DATE
June 22, 2007
Originating Account Information
Originating Bank BonTon Department Store
Acxount Type Bonton Credit Card
Account Number 113712715
Date Opened 0122/03
CUSTOMER NUMBER
0000752717
Data of Last Payment Received by Original Creditor 10/12/03
Amount of Last Payment Received by Original Creditor Not Available
Charge-Off Date 04/24/04
Acquisition Balance $638.56 Acq Interest Rate: 21.6096
Payment History
Date Check Number Payment Type Amount Paid Amount Credited Remaining Balance
03/01/08 Acquired Balance
50.00 50.00 $838.56
Pursuant to federal law, please be advised that Oliphant Financial, LLC is a debt collector
and is attempting to collect a debt. Anq information obtained will be used fot that purpose.
Port: 220
Statement without interest
LEGAL
09:30:07
OLIPHANT FINANC H0073296
DEPARTMENT STO BONTON ~ ~ C~ ON
AMANDA R FISHER
113712715
AFFIDAVIT
I,~ w \C.1 bein dul
8 Y served sworn according to law, depose and say that:
I . I am the agent for the plaintiff herein and I have custody and control of the files relating to this account;
2. I have personal lrnowledge of the facts and circumstances in connection with this case;
3. Plaintiffs files are maintained in the usual and ordinary course of business;
4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said
breach;
5. After allowing for all offsets and credits, a balance remains on the subject account having account number
113712715 in the amount of $638.56; and
6. If called upon, affiant can testify at trial as to the facts pertaining to this matter.
The above facts are true and corroct to the best of my lmowled
ge, information and belief.
~~~
(Name of Affiant)
Sworn to and Subscribed
before me this ~] day
Y~ , 2007
No !ic
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