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Home My WebLink About08-3099 GORDON & WEINBERG, P.C. BY: JFREDERIC 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 2047725 THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. ASSESSMENT OF COLLINS FINANCIAL SERVICES, INC. CIT BANK 2101 WEST BEN WHITE BLVD AUSTIN, TX 78704 VS. NANCIE HART 5154 KYLOCK RD MECHANICSBURG, PA 17055-7055 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : (}&_ 3099 0-ML Ferk 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 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 $1,879.37. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $1,879.37 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 28, 2004. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,879.37 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: L,- - FREDERIC I. E BERG, ESQUIRE QUIRE JOEL M. FLIN Vaintiff Attorney for P01A.DB VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. Name May 12 08 10:38a CFSI Legal Dept 5126151955 p.4 1854 1047725 t Collins Financial Services, s, Inc. CIT Bank Dell Preferred Account PLAINTIFF Vs. NANC IE: IiAR•T State of Texas DEFENDANT Countv ol'Travis § AFFIDAVIT The undersigned, being; duly sworn, states the following: 1. 1 am a custodian of the records for the plaintiff and in that capacity I snake this aftidavil. 2 1 am familiar with the books and records of the plaintiff, and the hooks and records pertaining to the account which is subject matter of this action are maintained under my supervision and control, are kept in the ordinary course of business, and the entries made in those records are made at or near- the time that the transactions reflected in those records occur. 3. Plaintiff purchaseWwas assigned this account from the original creditor and/or its assigns, in the name of NANCIE HAR7' with account number 6879450129000571045, originally issued by the original creditor. 4. At the time of purchase/assignment of the subject account, the. data from the records of the original creditor were loaded into the plaintiffs computer system. Following the initial entry of data, all subsequent entries into the the plaintiff's system were made at: or near the time of the events that then describe. 5. The books and records of the plaintiff indicate that there. is justly due and owing by the NANCIE HART as of May 8, 2008, the sum of $1,879.37 plus interest at tile rate of 0%efor a total balance due in the amount ol'S1,879.37. 6. To the best of my information and belief, NANCIE; HART is a resident of ME:CHANICSSURC PA 17055-7055 and is neither an infant not- incompetent. Hie foregoing matters are, to the best of my information anUelief,14•ue and correct. AFFIANT Sworn to and subscribed before me this Day of , 2008. ...r rrr.r •r+ rrr i. rr.rrrry r?.yrsrf rv?ritrr?.? ?• ' / V f F "'` rz IFr: ?V 'otary Public, State of Texas r My Commission Expires: Ref. No. -52~1556 Ln r O -b9. a 00 O b N cn CIP, SHERIFF'S RETURN - REGULAR CASE NO: 2008-03099 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLLINS FINANCIAL SERVICES VS HART NANCIE DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HART NANCIE was served upon DEFENDANT the at 0948:00 HOURS, on the 17th day of May , 2008 at 5154 KYLOCK RnAn MECHANICSBURG, PA 17055-7055 by handing to NANCIE HART 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 12.00 Affidavit .00 Surcharge 10.00 00 .4`<7 alo 4' 40.00 Sworn and Subscibed to before me this day So Answers: ?s J R. Thomas Kline 05/19/2008 GORDON & WEINBERG By: D puty She ff of A.D. 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 2047725 Collins Financial Services, s, Inc. CIT Bank Dell Preferred Account VS. NANCIE HART COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-3099 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal Total: $1,879.37 $1,879.37 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: Collins Financial Services,s, Inc. CIT Bank Dell Preferred Account and that the last known address of defendant, NANCIE HART, 5154 KYLOCK RD, MECHANICSBURG PA 17055-7055. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. h AND NOW, this N CL day of 2008 Judgment is entered in favor of the plaintiff(s) and gainst defendant(s) by default for want of an answer and damages assessed at the sum of , $1,879.37 as per the abov cer ific 'on. P othonotar GORDON & WEINBERG,.C. BY: FREDERIC INBERG, ESQUIRE JOEL M. F K, ESQUIRE Attorney for Plaintiff 2047725 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, s, Inc CIT Bank Dell Preferred Account VS. NANCIE HART TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-3099 CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT NANCIE HART 5154 KYLOCK RD MECHANICSBURG PA 17055-7055 DATE OF NOTICE/FECHA DEL AVISO: June 10, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI G, ESQUIRE JOEL M. FLINK, ESQUIRE P10D-2 ? -??. ?, ? a?- ? ? ? ? S' ?h ? ?+ r- r -?, ,?; ;. 2047725 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, S, Inc. CIT Bank Dell Preferred Account COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. NANCIE HART DOCKET NO. : 08-3099 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. /X/ Judgment by Default $1,879.37 L1 Money Judgment $ Judgment on Award of Arbitrators$ Ll 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 PRO HONOTARY 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 ljf THE PROTHONO t; 20! I JUC 257 PM 3: 23 CUMBERLAND COUNTY PENNSYLVANIA Collins Financial Services, Inc. CIT Bank VS. NANCIE HART COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-3099 CIVIL TERM SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this July 21, 2011, it is suggested of record that Defendant, NANCIE HART, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about July 13, 2011, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 11-04924. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY: FREDERIC I. EIN ERG, ESQUIRE JOEL M. FLI SQUIRE Attorney for Plaintiff