Loading...
HomeMy WebLinkAbout08-0826I 2045078 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 COLLINS FINANCIAL SERVICES, INC. ASSIGNEE OF CIT BANK 2101 W. BEN WHITE BLVD AUSTIN, TX 78704 VS. MICHAEL BYERS 7 STROHM RD SHIPPENSBURG, PA 17257-7257 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 0?- ? 2 G C 4c. -j -T-7-1 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 .t 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 $1,902.23. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $1,902.23 but the defendant(s)has failed and refused and still refuses to pay the same or any part r 1 thereof. 7. Defendant's last payment on account was made on February 16, 2004. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,902.23 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI ERG, ESQUIRE JOEL M. FLINT, ESQUIRE Attorney for Plaintiff P01A.DB Y 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 C) N PIN d c n - V% CL co ( Crt N C SHERIFF'S RETURN - REGULAR CASE NO: 2008-00826 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLLINS FINANCIAL SERVICES VS BYERS MICHAEL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BYERS MICHAEL the DEFENDANT , at 1100:00 HOURS, on the 8th day of February-, 2008 at 14 OAK LAWN DRIVE SHIPPENSBURG, PA 17257-7257 MICHAEL BYERS 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 n So Answers: 18.00 14.40 .^ .00 10.00 R. Thomas Kline .00 42.40 02/11/2008 GORDON & WEINBERG Sworn and Subscibed to before me this of BY: e4--'1n,n4 -4 44r- day Deputy Sheriff A.D. David D. Bueff ltothonotary xirkS. Sohonage, ESQ Solicitor Tsnee X Simpson 15G Deputy Prothonotary Irene E. Worrow 2nd Deputy Prothonotary Office of the 1Trothonotary Cumberland County, Tennsy(vania tjg - g2l CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carizsfe, PA 17013 • (717) 240-6195 • Fa.? (717) 240-6573