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Home My WebLink About07-5752/. H0073233 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. BARBARA A FENICLE 67 PROSPECT RD CARLISLE PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 0?-5'15.1 0, 1vi( 1cm 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 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 $2,615.99. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,615.99 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 03/16/2004. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,615.99 plus applicable costs, interest and attorney's fees. Goldman & Warshaw, P.C. BY: FREDERIC I..WEIN RG, ESQUIRE Attorney fo aintiff P01A.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. "' 7? FREDERIC I. INB , ESQUIRE EXHIBIT "A" r Date c f' 0000711073 Barbara A Fenicle 67 PROSPECT RD CARLISLE, PA 17013 2899 ?-1999 REPORT DATE CUSTOMER NUMBER June 22, 2007 000(711073 mt Information BonTon Department Store Bonton Credit Card 109069680 08/22/01 03/16/04 Not Available 09/24/04 wsition Balance $1 586 80 Acq Interest Rate: 21 0073 ic OLIPHANT FINANCSTATEMENT OF ACCOUNT P.O. B SARASOTA. FL 34' , PHONE: (800) Soc Sec No: xxx-xx-3297 xxx-xx- Originating Accot Originating Bank Account Type Account Number Date Opened Date of Last Payment Received by Original Creditor Amount of Last Payment Received by Original Creditor Charge-Off Date Payment History Check Number Payment Type Amount Paid Amount Credited Remaining 05/25/05 Acquired Balance $0.00 $0.00 $1 Pursuant to federal law, please be advised that Oliphant Financial, LLC is a debt collector and is attempting to collect a debt. Any information obtained will be used for that purpose. Port: 196 LEGAL 09:29:37 Statement without interebt - I _A H0073233 OLIPHANT FINANCIAL, LLC as assignee of BONTON DEPARTMENT STOREBONTON CREDIT CARD BARBARA A FENICLE 109069880 AFFIDAVIT AIAA I, being duly served sworn according to law, depose and say that: I am the agent for the Plaintiff herein and I have custody and control of the files relating to this 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's 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 o said breach; 5. After allowing for all offsets and credits, a balance remains on the subject account having account n ber 109069880 in the amount of $1,586.80; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. lw/?? ' /?J (Name of Affiant) Sworn to and Subscribed before me this day f jj?LL, 200 t4iAal?' No Public ?i TATMA OUIOM iMY COMMISSION t DD 45823 st . t . E%PIAES: Jdy 26,20M B0nd@d YW N0Wy PL k UndNW VA T d b 1 X70 1 C SHERIFF'S RETURN - REGULAR CASE NO: 2007-05752 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OLIPHANT FINANCIAL LLC ET AL VS FENICLE BARBARA A MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FENICLE BARBARA A the DEFENDANT , at 1400:00 HOURS, on the 8th day of October 2007 at 67 PROSPECT ROAD CARLISLE, PA 17013 by handing to JASON FENICLE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 ?'6??b? ?/ 32.80 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/09/2007 GOLDMAN & WARSHAW By: Deputy Sheriff of A.D. Goldman & Warshaw, P.C. FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PO Box 806 West Caldwell, NJ 07007 973-433-2153 OLIPHANT FINANCIAL, LLC as assignee of BONTON DEPARTMENT STOREBONTON CREDIT CARD COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. BARBARA A FENICLE DOCKET NO.: 07-5752 PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, BARBARA A FENICLE, and assesses the damages as per statement below. Principal $1,586.80 Interest from 09/24/2004 $1,142.80 @21.6% Costs (Complaint $111.30 & Service) Total: $2,840.90 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. , ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this -Lt day of Fe, 6, 2001B Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum of , $2,840.90 as per the above certification. 5 P othonotary OKA Goldman & Warshaw, P.C. FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PO Box 806 West Caldwell, NJ 07007 973-433-2153 OLIPHANT FINANCIAL, LLC as assignee of BONTON DEPARTMENT STOREBONTON CREDIT CARD COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. BARBARA A FENICLE DOCKET NO.: 07-5752 CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; OLIPHANT FINANCIAL, LLCas assignee of BONTON DEPARTMENT STOREBONTON CREDIT CARD and that the last known address of defendant, BARBARA A FENICLE, 67 PROSPECT RD, CARLISLE PA 17013. Goldman & Warshaw, P.C. BY: FREDERIC . WEINB RG, ESQUIRE Attorney for aintif Goldman & Warshaw, P.C. FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PO Box 806 West Caldwell, NJ 07007 973-433-2153 OLIPHANT FINANCIAL, LLC as assignee of BONTON DEPARTMENT STORE/BONTON CREDIT CARD COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. BARBARA A FENICLE DOCKET NO.: 07-5752 AFFIDAVIT OF NON-MILITARY SERVICE Goldman & Warshaw, P.C., 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, 67 PROSPECT 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 of 20" Notary Public N? TA- RiAi.. DAWN N:, MA &-iALL, Notary Public City f Phila. County ni ,e io es16mh r ?8.2009 FREDERIC I. G, ESQUIRE Attorney for Plaintiff BARBARA A FENICLE 67 PROSPECT RD CARLISLE PA 17013 Goldman & Warshaw, P.C. BY:FREDERIC L WEINBERG, ESQUIRE Identification No.: 41360 PO Box 806 Want Caldwell, NJ 07007 973-433-2153 OLIPHANT FINANCIAL, LLC as assignee of BONTON DEPARTMENT STOREBONTON CREDIT CARD BARBARA A FENICLE TO/PARA VS. BARBARA A FENICLE 67 PROSPECT RD CARLISLE PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 07-5752 DATE OF NOTICE/FECHA DEL AVISO: December 3, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A W 117TEN 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, 00 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 Goldman & Warshaw, P.C. BY: FREDERI I. ERG, ESQUIRE P10DR0073231mary _ 00 G u r w ` , -icy M W R tV? _ _ H0073233 Goldman & Warshaw, P.C. FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PO Box 806 West Caldwell, NJ 07007 973-433-2153 OLIP14ANT FINANCIAL, LLC as assignee of BONTON DEPARTMENT STOREBONTON CREDIT CARD COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. BARBARA A FENICLE DOCKET NO.: 07-5752 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 $2,840.90. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GOLDMAN & WARSHAW, PC AT 888-437-4832. Goldman & Warshaw, P.C. Dated: February 1, 2008 P002 BY: FREDERIC I. W INBER , ESQUIRE Attorney for Plai .2/131 og