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HomeMy WebLinkAbout07-5753H0073260 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 CITIFINANCIAL/ PERSONAL LOAN 1800 2ND ST SARASOTA, FL 34230 VS. SHAKIR LOCKHART 600 FRANKLIN HTS APT 2 SHIPPENSBURG PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : Oq - 5x].53 0,1Vi Fp-rrA 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 $12,983.47. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $12,983.47 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 01/31/2004. WHEREFORE, plaintiff claims of the defendant(s) the sum of $12,983.47 plus applicable costs, interest and attorney's fees. Goldman & Warshaw, P.C. BY: FREDERIC I. EI ERG, ESQUIRE Attorney for 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. FREDERIC I. ERG, ESQUIRE EXHIBIT "A" R v v / 6-0 (% r-/%. Y ST? ENT OF ACCOUNT 0000737442 Shakir Lockhart OLIPHANT FINANCIAL, LLG P.O. Box 2899 SARASOTA, FL 342302899 PHONE (800) 262-1999 Soc Sec No: xxx-xx-8813 xxx-XX- 600 FRANKLIN HTS APT 2 IPPENSBURG, PA 17257 REPORT DATE SH June 22, 2007 Originating Account Information Originating Bank CitiFinancial Account Type Personal Loan Account Number 09080391103 Date Opened 01131104 f Last Payment Received by Original Creditor Not Available Date o f Last Payment Received by Original Creditor Not Available Amount o Charge-Off Date 04/22/04 Acquisition Balance $9,199.73 Payment History CUSTOMER NUMBER 0000737442 Acq Interest Rate: 12.00% Amount Paid Amount Credited Date Check Number Payment Type $0.00 $0.00 Acquired Balance 12!20!05 Remaining Balance $9,199.73 7;7. ,.,.u orYnT pursuant to federal law, please be advised that Oliphant tnan , . _ -.4-- rn collect a debt. Any information obtained will be used for that putpose anus. ---r-a incerez- Statement without Port: 213 LEGAL 09:30:23 OLIPHANT FINANCIAL, LLC'as assignee of CITIFINANCIAL/ PERSONAL LOAN SHAKIR LOCKHART 09080391103 A? AFFI--- DAVIT , being duly served sworn according to law, ddepose and say that. . 1 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 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 of said breach; 5. After allowing for all offsets and credits, a balance remains on the subject account having account number 09080391103 in the amount of $9,199.73; and If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to th est of my knowledge, information and belief. (Name of Affiant) Sworn to and Subscribed before me this sa day f&." 20 Notary Public TATIANA OgjINONES MY COMMISSION N DD 454829 ' EXPIRES: Jury k . 26 2009 %r4WTMN wypW*UM,, .,(?7 (-) ICJ --.t T7 7 ?J I .,_..I I I t t ? 00 W rv b svF i Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff OLIPHANT FINANCIAL, LLC as assignee of CITIFINANCIAL/ PERSONAL LOAN VS. SHAKIR LOCKHART H0073260 0 13, 2ti COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-5753 PETITION TO TRANSFER CIVIL ACTION Plantiff, by and through it's counsel, Goldman & Warshaw, P.C. does hereby Petition this Honorable Court to transfer this action to Franklin County, and in support thereof does allege the following: 1. Plaintiff instituted this litigation by filing of Complaint in Civil Action on or about October 1st, 2007. 2. Service of the Complaint was made or attempted by the Sheriff of Cumberland County, who has learned that defendant now resides at 509 MEADOW DRIVE, SHIPPENSBURG, PA 17257. 3. Plaintiff has independently verified that Defendant resides at the above address, which is in Franklin County, PA. 4. Plaintiff and counsel in this matter are proceding as Debt Collectors and are thus bound by the Fair Debt Collection and Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., which has been incorporated in Pennsylvania by 73 P.S. §2270.1 et seq., the Fair Credit Extension and Uniformity Act. 5. Plaintiff is required by the FDCPA to proceed with actions to collect a debt in the jurisdiction in which the debtor resides. 6. As Defendant has been shown to reside in Franklin County, plaintiff must Petition this Honorable Court to transfer the matter to Franklin County. WHEREFORE, Plaintiff moves this Honorable Court to enter an Order transferring the captioned matter to Franklin County upon payment of the cost of same by Plaintiff. Goldman & Warshaw, P.C. G BY: BARRY A. RIMEN, ESQUIRE Attorney for Plaintiff P014 VERIFICATION BARRY A. ROSEN, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action and verifies that the statements made in the foregoing Petition to Transfer Venue 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. Section 4904 relating to unsworn falsification to authorities. l, BARRY A. R EN, ESQUIRE ti- H0073260 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41350 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428. 484-351-0500 Toll Free (888) 437-4832 OLIPHANT FINANCIAL, LLC as assignee of CITIFINANCIAL/ PERSONAL LOAN 1800 2ND ST SARASOTA, FL 34230 vs. SHAKIR LOCKHART 600 FRANKLIN HTS APT 2 SHIPPENSBURG PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : bq-51153 Civil Texw% NOTICA 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 IE COPY FROM RECORD n TestMiAO wwhereof. I here uMo set my gent: ind " sect 01 said Court at CU", ft. r 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". B. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due in the amount of $12,983.47. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $12,983.47 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 01/31/2004. WHEREFORE, plaintiff claims of the defendant(s) the sum of $12,983.47 plus applicable costs, interest and attorney's fees. Goldman & Warshaw, P.C. BY: FREDERIC I. EI ERG, 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. FREDERIC I. WLTH6ERG, ESQUIRE EXHIBIT "A" OLIPHANT FINANCIAL, LLC STATEMENT OF ACCOUNT P.O. BOX 2699 ,ARASOTA, FL 34230-2899 PHONE: (800) 262-1999 0000737442 Shakir Lockhart 800 FRANKLIN HTS APT 2 SHIPPENSBURG, PA 17257 Sx Sec No: xxx-roc-8813 xxx-xx- )R'T DATE CUSTOMER NUMBER 22,2007 0000737442 Originating Account Information Originating Bank CitiFinancint AccountType Personal Loan Account Number 09080391103 Date opened 01/31/04 Date of Last Payment Received by Original Creditor Not Available Amount of Last Payment Received by Original Creditor Not Available Charge-Off Date 04=04 Aoq Interest Rate: 12.00% Acquisition Balance $9,499.73 Payment History Date Check Number Paynw* Type Amount Paid Amount Credited Remeinin9 Balance 12rM5 Acquired Balance $0.00 $0.00 $9,199.73 Pursuant to federal law, please be advised that Oliphant Financial, L"- is it Mot coumxor and is attempting to collect a debt. Any information obtained will be used for that purpose. Statement without interest Port: 213 LEGAL. 09:30:23 OLIPHANT FINAN 80073260 PERSONAL LOAN CIAL, LLC as assignee of CITIFINANCIAL/ SHAKIR LOCKHART OM039II03 `?* being duly screed sworn according to law, depose and say that: 1 I am the agent for the Plaintiff herein and I have custody and control of the files relating to this a 2. 7 have personal knowledge of the facts and circumstances in connection with this case; ccount; 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 soughs as a direct result of said 5. After allowing for all offsets and credits, a balance remains on the subject account havin 09080391103 in the amount of $9,199.73; and g account number 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 th at of my knowledge, information and belief. (Name of Afliant) Sworn to and Subscribed before me this'A day "32 _ Notary Public TiITIMNgI/?a MY I DD 4540 `w'?hj?22, 2009 w??