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HomeMy WebLinkAbout08-6498 2051899 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 IDT CARMEL INC AS ASSIGNEE OF Citibank--The Home Depot 2080 ELM STREET SE MINNEAPOLIS, MN 55414 vs. MARK A FOREMAN 93 PLEASANTVIEW TER NEW CUMBERLND PA 17070-2842 ASSESSMENT OF COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. Og - (p~{q$ C`V~~ ~~IK 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 $2,706.34. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,706.34 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 9/8/05. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,706.34 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. I ERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A.DB 2051899 IDT (',ARt~I+ INC AS ASSIGNEE OF Citibank--The Home Depot VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit Mhich is incorporated by reference in the foregoing Com4plaint in Civil Action are true and correct to the best of my knoMledge, 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 Khich provides for certain penalties for making files st~tementa. 2062 2051899 IDT CAR1~L INC AS ASSIGNEE OF Citibank--The Home Depot MARR A FOREMAN 6035320105506131 I sworn accor 'ng to law, '~~ and say that: being duly served 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 circumatancea in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of buaineas; 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 6035320105506131in the amount of $1,905.76; and 6, If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and corre the t of my knowledge, information and belief. of Sworn to and Subsc/r)ibed before me this ~`~ ~Y of . ~Lt- `- 2008 Note lic ~~ ~ ~~'' M~f~Ef't1J A ''~ f+y~ Curnr,~i ~.~„ F„~.:ir. S2n.34, l!11 i k' r i -,- ~...) -r f ` e ` ~ ~~ C ~r~ . W 'til ~~ ~ / ` W J ` III David 1D. Bueff (Prothonotary knee X Simpson 1s` Deputy Prothonotary KirkS. Sohonage, ESQ Solicitor Irene E. 9Vorrow 2nd Deputy Prothonotary Office of the (Prothonotary Cum6erfand County, Pennsylvania _08- (Mz/?I CIVILTERM 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 Courthou., e ,Square 9 Suite 100 9 Carfsle, P.A 17013 • (717 240-6195 9 F'ax (717 240-6573