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
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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
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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