HomeMy WebLinkAbout08-4632P
2051087
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 As Assignee of
HSBC
2080 Elm Street Southeast
Minneapolis, MN 55414
VS.
GLORIA GORBU
2 RESERVOIR RD
MECHANICSBURG PA 17055--614
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 07- 41-31 O
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
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".
S. All the credits to which the defendant (s) is entitled have
been applied and there remains a balance due in the amount of
$1,007.16.
6. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $1,007.16 but the defendant(s)has
failed and refused and still refuses to pay the same or any part
t
thereof.
7. Defendant's last payment on account was made on 6/30/06.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$1,007.16 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I. WEIN E , ESQUIRE
JOEL M. FLINK, E WIRE
Attorney for Plaintiff
P01A.DB
2051087
IDT CARMEL INC As Assignee of HSBC
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. 54904 which provides
for certain penalties for making false statements.
2062 2051087
IDT CARMEL INC As Assignee of HSBC
GLORIA GORBU
5438570006046869
AFFIDAVIT
I,
06-11 - t*-? being duly served
sworn according to Yaw.' depose and say that:
1. I 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
5438570006046869in the amount of $763.76; 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 to be of my knowledge,
information and belief.
am Af nt)
Sworn to and Subscribed
before me this - day
of r) 2008
Notary P lic
o4,HF p % ,.VERONICA JANE BERRESS
NOTARY PUBLIC
ro MINNESOTA
'itaSseā¢J My Commission, EhnjrOS Jan.31, 2ntn
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CASE NO: 2008-04632 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
IDT CARMEL INC
VS
GORBU GLORIA
MARK CONKLIN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
GORBU GLORIA the.
DEFENDANT
, at 1555:00 HOURS, on the 25th day of August , 2008
at 2 RESERVOIR RD
MECHANAICSBURG, PA 17055-0614
by handing to
ONIX GORBEA, HUSBAND
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: So Answers:
Docketing 18.00
Service 13.00 '?
"? c.. ?'?-tom
Postage .59
Surcharge 10.00 R. Thomas Kline
.00
llb4'o4 C.-V 41.59 08/26/2008
GORDON & WEINBERG
Sworn and Subscibed to By:
before me this day Deputy Sheriff
of A.D.
4
. - s
2051087
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 As Assignee of
HSBC
VS.
GLORIA GORBU
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08-4632 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:
$763.76
$763.76
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: IDT CARMEL
INCAS Assignee of HSBC and that the last known address of defendant,
GLORIA GORBU, 2 RESERVOIR RD, MECHANICSBURG PA 17055--614.
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.
AND NOW, this q4k- day of baltbeir , 2008 Judgment
is entered in favor of the plaintiff(s) and against defendant(s) by
default for want of an answer and damages assessed at the sum of ,
$1,159.06 as per the above certification./)
ProtIT'onotary
GORDON & WEINBERG, P.C.
BY:
FREDERIC W INBERG, ESQUIRE
JOEL M. F IN , ESQUIRE
Attorney for Plaintiff
w M
2051087
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 As Assignee of HSBC
Vs.
GLORIA GORBU
TO/PAPA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08-4632 CIVIL TERM
NOTICE OF INTENTION TO TAKE DEFAULT
GLORIA GORBU
2 RESERVOIR RD
MECHANICSBURG PA 17055--614
DATE OF NOTICE/FECHA DEL AVISO: September 17, 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:
FREDE I. WEINBERG, ESQUIRE
FLINK, ESQUIRE
JOE
P10D-2
1, 144"
I ! M
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
2051087
IDT CARMEL INC As Assignee of
HSBC
VS.
GLORIA GORBU
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08-4632 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.
/Xl Judgment by Default $1,159.06
Money Judgment $
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
PR ONOTARY