Loading...
HomeMy WebLinkAbout07-60652037509 THIS IS AN ARBITRATION MATTER. 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 IDT CARMEL, INC. ASSIGNEE OF HSBC DIRM ASSESSMENT OF COURT OF COMMON PLEAS CUMBERLAND COUNTY 2080 Elm Street Southeast Minneapolis, MN 55414 Vs. DOCKET NO. : C)7 _ &6&5 Ow- .1 lF('rA REBECKA M LUCKENBILL 505 E SIMPSON ST FL 2 MECHANICSBURG PA 17055-6505 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 a 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 she 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 $1,482.71. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $1,482.71 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant's last payment on account was made on May 25, 2005. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,482.71 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff POIA.DB r 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. WEINBERG, ESQUIRE T 2037509 2062 IDT CARMEL, INC. ASSIGNEE OF HSBC DI REBECKA M LUCKENBILL 5488975005532570 / AFFIDAVIT being duly served I, sworn according to law, depose and say that: 1. T 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 5488975005532570in the amount of $1,026.73; 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 t he 7/t f my knowledge, information and belief. ame of Of t) Sworn to and Subscribed before me this - day of 2007 Notary Pu is VERONICA JANE :3ERRES NOTARY PUC MINNESOCommission Expires , 2010 'G4• 0?0 t ?) C7 N cr-D D o ? I (? - cn j I C . co CZ) R C e SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06065 P CCAMMONTWEALTH OF PENNSYLVANIA COUN'T'Y OF CUMBERLAND IDT CARMEL INC VS LUCKENBILL REBECKA M R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LUCKENBILL REBECKA M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT 505 E SIMPSON STREET 2ND FLOOR NOT FOUND , as to LUCKENBILL REBECKA M MECHANICSBURG, PA 17055-6505 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION. Sheriff's Costs: So answe Docketing 18.00 Service 28.80 - Not Found 5.00 R. Thomas ,,Kline Surcharge 10.00 Sheriff of Cumberland County g'o1 .00 61.80 GORDON & WEINBERG 11/16/2007 Sworn and Subscribed to before me this day of , A.D. . 4, 2037509 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 IDT CARMEL, INC. ASSIGNEE OF HSBC DIRM COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. REBECKA M LUCKENBILL 505 E SIMPSON ST FL 2 MECHANICSBURG PA 17055-6505 DOCKET NO. : 07-6065 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Plaintiffs' Complaint in Civil Action in the above-captioned matter for an additional thirty (30) days. GORDON & WEINBERG, P.C. BY: FREDERIC I. W INBER , ESQUIRE JOEL M. FLIN ES RE Attorney for intiff(s) AL 2037509 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 IDT CARMEL, INC. ASSIGNEE OF HSBC DIRM 2080 Elm Street Southeast Minneapolis, MN 55414 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. REBECKA M LUCKENBILL 505 E SIMPSON ST FL 2 MECHANICSBURG PA 17055-6505 DOCKET NO. :0--7 - (Qlp?j C(Q, ?erkyj 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 L -46 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 $1,482.71. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $1,482.71 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. L 446 7. Defendant's last payment on account was made on May 25, 2005. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,482.71 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I WE BERG, ESQUIRE JOEL M. FL , ESQUIRE Attorney for Plaintiff P01A.DB L 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. RG, ESQUIRE C7 , .. <-ra t-7 SHERIFF'S RETURN - REGULAR CASE NO: 2007-06065 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IDT CARMEL INC VS LUCKENBILL REBECKA M NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LUCKENBILL REBECKA M the DEFENDANT , at 1500:00 HOURS, on the 14th day of February-, 2008 at 505 E SIMPSON STREET 2ND FLOOR MECHANICSBURG, PA 17055-6505 by handing to REBECKA M LUCKENBILL 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 Service Affidavit Surcharge 'vi916 , 18.00 10.56 .00 10.00 .00 38.56 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/15/2008 GORDON & WEINBERG By: Deputy Sheriff of A. D. .A 2037509 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 IDT CARMEL, INC. ASSIGNEE OF HSBC DIRM 2080 Elm Street Southeast Minneapolis, MN 55414 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. REBECKA M LUCKENBILL 10 EAST HIGH STREET CARLISLE PA 17013 DOCKET NO. : 07-6065 CIVIL TERM JUDGMENT BY AGREEMENT AND NOW, this Iptk day of y?arck , 2007, it is hereby stipulated and agreed to by and between, REBECKA M LUCKENBILL, his/her successors and assigns and Frederic I. Weinberg, Esquire, counsel for IDT CARMEL, INC., assignee of HSBC DIRECT MERCHANTS, that the Court enter a determination in the above-captioned case as follows: 1. Judgment shall be entered in the amount of One Thousand Seven Hundred Seventy Six Dollars and Eighty-One Cents ($1,776.81) plus costs, in favor of IDT CARMEL, INC., assignee of HSBC DIRECT MERCHANTS, and against, REBECKA M LUCKENBILL, his/her successors and assigns; ? - , .. '-jo a w 2. Plaintiff, IDT CARMEL, INC., assignee of HSBC DIRECT MERCHANTS, will agree to accept the sum of $100.00 per month from, REBECKA M LUCKENBILL, his/her successors and assigns. The first payment of $177.68 shall become due and payable on March 20, 2008 and then $100.00 on the 20th of every month thereafter until the Stipulated Judgment is paid in full; 3. In the event that REBECKA M LUCKENBILL, his/her successors and assigns do not make payments as prescribed in paragraph 2, they will be considered in default and the Plaintiff, IDT CARMEL, INC., assignee of HSBC DIRECT MERCHANTS, shall be allowed to exercise any and all remedies available at law. 4. The Parties to this action have authorized their respective counsel and agent to enter into this agreement on their behalf and by doing so this agreement will be binding on both that REBECKA M LUCKENBILL, his/her successors and assigns and, IDT CARMEL, INC. Assignee of HSBC DIRECT MERCHANTS, its successors and assigns., Ae 16 Date j' le- 67? Date: -3 (/ 3?o - 22?ck Qid6 / REBECKA M LUCKENBI Defendant FREDERIC WEI BERG, Esquire Attorney aintiff I.D. #41360 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 9v ? C rn° 0 ' - b r t 00 : < to J ., . ?; 'r_- N Jm 2037509 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 IDT CARMEL, INC. ASSIGNEE OF HSBC DIRM VS. REBECKA M LUCKENBILL COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-6065 CIVIL TERM NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. 1XL Judgment by Agreement $1,776.81 ?L Money Judgment $ L1 Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 PROT ONOTARY 4109lo8