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HomeMy WebLinkAbout08-0599THIS 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 COLLINS FINANCIAL SERVICES, INC. ASSIGNEE OF CIT BANK 2101 W. BEN WHITE BLVD AUSTIN, TX 78704 Vs. JACQUI WEVODAU a/k/a JACQUI ELLIOTT 5683 CREEKVIEW RD MECHANICSBURG, PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : b$- 599 am ( (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 2045081 ASSESSMENT OF i 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, if available, 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 $2,091.97. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,091.97 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 February 15, 2004. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,091.97 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A.DB S 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. INB RG, ESQUIRE d W -o 9J W 00 b Co O SHERIFF'S RETURN - REGULAR CASE NO: 2008-00599 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLLINS FINANCIAL SERVICES VS WEVODAU JACQUI AKA JACQUI ELLI TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WEVODAU JACQUI A/K/A JACQUI ELLIOT the DEFENDANT , at 1444:00 HOURS, on the 5th day of February , 2008 at 5683 CREEKVIEW RD MECHANICSBURG, PA 17050-2025 WALTER WEVODAU, HUSBAND by handing to 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 d11216F 0,,.. 18.00 12.48 .00 10.00 .00 40.48 Sworn and Subscibed to before me this day of , So Answers: { ?A ?? fairs R. Thomas Kline 02/07/2008 GORDON & WEINBERG .- -7 A By: De74y Sher ff A.D. 0 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 Collins Financial Services, Inc. Assignee of CIT Bank vs. JACQUI WEVODAU 2045081 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-599 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. LXL Judgment by Agreement $2,270.00 ?L Money Judgment $ j [ 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 ?? a PROTH OTARY 2045081 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 Collins Financial Services, Inc. Assignee of CIT Bank 2101 W. Ben White Blvd Austin, TX 78704 VS. JACQUI WEVODAU 5683 CREEKVIEW RD MECHANICSBURG PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-599 JUDGMENT BY AGREEMENT AND NOW, this 7 day of February, 2008, it is hereby stipulated and agreed to by and between, JACQUI WEVODAU her successors and assigns and Frederic I. Weinberg, Esquire, counsel for Collins Financial Services, Inc. Assignee of CIT Bank that the Court enter a determination in the above-captioned case as follows: 1. Judgment shall be entered in the amount of Two Thousand & Two Hundred Seventy Dollars ($2,270.00) plus court cost and 6% post judgment interest in favor of Collins Financial Services, Inc. Assignee of CIT Bank and against, JACQUI WEVODAU her successors and assigns; 2. Plaintiff, Collins Financial Services, Inc. Assignee of CIT Bank, will agree to accept the sum of $50.00per month from, JACQUI WEVODAU her successors and assigns. The first payment of $200.00 shall become due and payable on February 26, 2008 and then $50.00 per on or before the 20th of every month thereafter until the Stipulated Judgment is paid in full; 3. In the event that JACQUI WEVODAU her successors and assigns do not make payments as prescribed in paragraph 2, they will be considered in default and the Plaintiff, Collins Financial Services, Inc. Assignee of CIT Bank 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 JACQUI WEVODAU her successors and assigns and, Collins Financial Services, Inc. Assignee of CIT Bank its successors and assigns. Date: 9.0AS A QUI VODAU f endant Date: ?I ?3hJ FREDERIC I. EINB RG, Esquire Attorney for tiff I.D. #41360 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 d` ? - C7 17 Z ?. `n