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HomeMy WebLinkAbout08-6497 2038396 THIS 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 ASSESSMENT OF IDT Carmel Assignee of HSBC 2080 ELM STREET SE MINNEAPOLIS, MN 55414 Vs. KEITH S MILLS 3919 ROSEMONT AVE CAMP HILL PA 17011-7814 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. Q$ - &4Q,7 &V% i?_rft 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" 5. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due in the amount of $3,674.42. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $3,674.42 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 8/1/05. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,674.42 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. INB RG, ESQUIRE JOEL M. FLINK, E UIRE Attorney for Plaintiff P01A.DB 2038396 IDT Carmel Assignee of HSSC VMIFICATION 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. 2062 ICBITH S MILLS 5407910600970677 2038396 IDT Ca=mel Assignee of HSHC AFFIDAVIT being duly served sworn according to law, 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 5407910600870677in the amount of $2,300.55; 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 a est o knowledge, information and belief. (Nartfte o?ffiant Sworn to and Subscribed before me this ?2- day o _A_ I , 2008 Notary Wu lic .VERONICA JANE BERRES NOTARY PUBLIC MINNESOTA '.,,?. My commission Expires Jan.31, 2010 - C TI nii 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06497 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IDT CARMEL VS MILLS KEITH S VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MILLS KEITH S was served upon the DEFENDANT , at 2034:00 HOURS, on the 10th day of November-, 2008 at 3919 ROSEMONT AVE CAMP HILL, PA 17011-7814 by handing to DAVID HARBAUGH, ADULT IN CHARGE 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 18.00 Service 24.00 Affidavit .00 Surcharge 10.00 .00 2.00 Sworn and Subscibed to before me this day So Answers: R. "Thomas Kline 11/12/2008 GORDON & WEINBERG By: - Deputy Sh riff of A. D.