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Home My WebLink About07-6047+b NC027574 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. 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 NCO Portfolio Management PURCHASER FROM CITIBANK 1804 WASHINGTON BLVD., DE Baltimore MD 21230 Vs. LEANN HEAGY 87 RUSTIC DR SHIPPENSBURG PA 17257-8750 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 67-6047 Civl ( I erM 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 4 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)tae 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. 5. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due in the amount of $5,713.22. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $5,713.22 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 10/29/03. WHEREFORE, plaintiff claims of the defendant(s) the sum of ^$5,713.22 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EI BERG, ESQUIRE JOEL M. FLI, E QUIRE _rr 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. WEINB R ESQUIRE J S R Sy 00 00 LA q f •'f? t'j' ?y Fri r77 ? N C I CL. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA, CIVIL DIVISION NCO PORTFOLIO MANAGEMENT PLAINTIFF FILE NO 07-6047 VS CIVIL ACTION LEANN HEAGY DEFENDANT ANSWER TO COMPLAINT WITH AFFIRMATIVE DEFENSES I . In response to paragraph one of Plaintiffs Complaint, Defendant neither admits nor denies the same as she is without sufficient information to form a belief as to the truth and veracity of this paragraph. 2. In response to paragraph two of Plaintiffs complaint, Defendant admits that she has held and utilized numerous credit cards during her lifetime. Defendant denies that she specifically requested this credit card. 3. In response to paragraph three of Plaintiffs complaint, Defendant admits that she may have utilized the credit card in question. Defendant asserts that conditions were placed on the use and management of the card to which she was unaware or that were not disclosed to her. 4. In response to paragraph four of Plaintiffs complaint, Defendant does not specifically recollect if she received goods and merchandise or cash advances as a result of this credit offering. To the extent that an answer is required by court rule, Defendant denies the same. 5. In response to paragraph five of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 6. In response to paragraph six of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 7. In response to paragraph seven of Plaintiffs complaint which is marked paragraph 6, Defendant denies the same as it is untrue as plead. 8. WHEREFORE, Defendant respectfully prays that this complaint be dismissed, with prejudice as to all matters contained herein. 64 South Pitt Street Carlisle, Pa 17013 717-241-4300 ID 68721 By: Gan Law Group AFFIRMATIVE DEFENSES Now comes Defendant Leann Heagy and for her affirmative Defenses states as follows: 1. That the terms and conditions for the use of the credit card were improperly misrepresented to her which constitutes fraud and misrepresentation. 2. That Plaintiff forwarded the offer of credit to Defendant, at his own peril and must assume the risks attendant thereto. 3. That Plaintiff, in refusing to work with Defendant in this regard has failed to properly and fully mitigate its damages. 4. That Plaintiff improperly and with design extended credit to Defendant which was contrary to her income and current responsibilities and guaranteed the failure on this alleged credit agreement. 5. That the above actions on the part of Plaintiff were done in order to mislead Defendant and provides a basis to declare the contract void ab initio as the terms and conditions upon which the contract was entered into were fraudulent and illusory. 64 South Pitt Street Carlisle, Pa 17013 717-241-4300 ID 68721 By: Gan Law Group VERIFICATION I, LEANN HEAGY, hereby certify that the facts set forth in the foregoing Answer to Complaint and Affirmative Defenses are true and correct to the best of my knowledge, information and belief; I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. LEANN HEAGY490 Date: ?i?jy!/? I Document #: 163765.1 C? +v max- ? < +?3 ?`. r. r ON Drr; n t,o -? SHERIFF'S RETURN - REGULAR CASE NO: 2007-06047 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NCO PORTFOLIO MANAGEMENT ET AL VS HEAGY LEANN MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HEAGY LEANN the was served upon DEFENDANT , at 1800:00 HOURS, on the 23rd day of October , 2007 at 87 RUSTIC DRIVE SHIPPENSBURG, PA 17257-8750 LEANN HEAGY 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 18.00 Service 19.20 Affidavit .00 Surcharge 10.00 Ilf Dn ti74;?-. 00 47.20 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/24/2007 GORDON & WEINBERG By: Deput Sheriff of A. D. NC027574 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 NCO Portfolio Management ' PURCHASER FROM CITIBANK VS. LEANN HEAGY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-6047 CIVIL TERM PLAINTIFF'S RESPONSE TO AFFIRMATIVE DEFENSES Denied. These averments are conclusions of law which require no response under the applicable Rules of Civil Procedure. However, these averments are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff demands damages against the defendant as set forth in plaintiff's Complaint. GORDON & WEINBERG, P.C. BY: FREDERI bK INBERG, ESQUIRE JOEL M. ESQUIRE Attorney for Plaintiff P014 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 pleadings 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. FREDERIC I. CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Response to Affirmative Defenses, via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I. WEI ESQUIRE' Dated: 12/21/07 ° 0- - p't' 7 7-5 r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL DIVISION NCO PORTFOLIO MANAGEMENT, Plaintiff File: 07-6047 V LEANN HEAGY, CIVIL ACTION-LAW JURY TRIAL DEMANDED Defendant MOTION TO WITHDRAW AS COUNSEL And now this 30TH day of JANUARY 2009, Richard R. Gan states as follows: 1. That I am currently attorney of record for Leann Heagy in the above matter. 2. That this matter was negotiated to a very reasonable settlement with Plaintiff. 3. That this offer of resolution was conveyed to Ms Heagy by phone, written letters and personal documentation dropped off at her home over a period of five months 4. That this contact included phone calls to her place of employment, her home and her cell phone. 5. That Ms Heagy refuses to answer phone calls, respond to letters or take advice of this law firm. 6. That as a result, Ms Heagy neither agrees with nor has followed the recommendations of this law firm. 7. That for all of the above reasons, I can no longer represent Ms Heagy. WHEREFORE, Counsel for Plaintiff respectfully requests this Honorable Court grant this motion to withdraw. Respectfully Submitted, GAN LAW GROUP Richard R. Gan 64 South Pitt Street Carlisle Pa 17013 717-2414300 717-243-5175 ID 68721 oy Dated V. CERTIFICATE OF SERVICE AND NOW, this 2°d day of February 2009, I, Richard R. Gan, Esquire, of Gan Law Group, attorneys for Defendant, hereby certify that I served a copy of the within Proof of Service by Mail this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Gordon & Weinberg 1001 E Hector Street Suite 220 Conshohocken, Pa 19428 And Leann Heagy 87 Rustic Drive # R Shippensburg, Pa 17257 Document #: 181832.1 NCO PORTFOLIO MANAGEMENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff CIVIL ACTION - LAW V. NO. 07-6047 LEANN HEAGY Defendant PROOF OF SERVICE BY FIRST CLASS MAIL I, Richard R. Gan, Esquire, do hereby certify that on February 2, 2009 a copy of my Motion to withdraw as Counsel was sent by first class mail to: Gordon & Weinberg 1001 E Hector Street Suite 220 Conshohocken, PA 19428 And Leann Heagy 87 Rustic Drive # R Shippensburg, Pa 17257 Gan Law Group Dated: Document #: 181832.1 Attorney I.D. No. 68721 64 South Pitt Street Carlisle, PA 17013 (717) 241-4300 r? Y r.c:y •, c,p , "`{ ? ? . ?k'} CN 3 ' ?? . { Y";ia r. v. v 00 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL DIVISION NCO PORTFOLIO MANAGEMENT, Plaintiff File: 07-6047 V LEANN HEAGY, CIVIL ACTION-LAW JURY TRIAL DEMANDED Defendant AMENDED MOTION TO WITHDRAW AS COUNSEL And now this 30TH day of JANUARY 2009, Richard R. Gan states as follows: 1. That I am currently attorney of record for Leann Heagy in the above matter. 2. That this matter was negotiated to a very reasonable settlement with Plaintiff. 3. That this offer of resolution was conveyed to Ms Heagy by phone, written letters and personal documentation dropped off at her home over a period of five months 4. That this contact included phone calls to her place of employment, her home and her cell phone. A, 5. That Ms Heagy refuses to answer phone calls, respond to letters or take advice of this law firm. 6. That as a result, Ms Heagy neither agrees with nor has followed the recommendations of this law firm. 7. That as of the filing of this motion, no Judge has been assigned to this case or ruled on any matters relating to this case. * * * * * * * * * * * 8. That opposing counsel has been contacted and has no objection to my withdrawal as counsel. ********************** 9. That for all of the above reasons, I can no longer represent Ms Heagy. WHEREFORE, Counsel for Plaintiff respectfully requests this Honorable Court grant this motion to withdraw. Respectfully Submitted, GAN LAW GROUP Richard R. Gan 64 South Pitt Street Carlisle Pa 17013 717-241-4300 z/4 1,,5 Dated 717-243-5175 c= C) -n ;: -n r Lo (P r _ m cC-n NCO PORTFOLIO IN THE COURT OF COMMON PLEAS OF MANAGEMENT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 07-6047 CIVIL LEANN HEAGY, Defendant JURY TRIAL DEMANDED IN RE: MOTION TO WITHDRAW AS COUNSEL ORDER AND NOW, this day of February, 2009, a rule is issued on the defendant to show cause why the relief requested in the within motion ought not to be granted. This rule returnable fifteen (15) days after service. BY THE COURT, Kev' A. Hess, J. ?C -0 Wd 01 83160OZ