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Home My WebLink About08-6529 a M 170 go 2051124 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 Orchard 2080 ELM STREET SE MINNEAPOLIS, MN 55414 Vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. C8 - &r. a9 CIVt l l BONNIE J BENDER 105 WATER ST--BOX # 507 SUMMERDALE PA 17093-8007 NOTICB 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 $2,496.88. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,496.88 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 3/17/06. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,496.88 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. BERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A.DB 2051124 IDT CARMBL INC As Assignee of HSBC orchard 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. A 2062 2051124 IDT CARMEL INC As Assignee of SSBC Orchard BONNIE J BENDER 5407915007533141 AFFIDAVIT I, being duly served sworn accords g to 1& 4, epose 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 5407915007533141in the amount of $2,247.17; 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 he be . of my knowledge, information and belief. e of A ant Sworn to and Subscribed before me this day o n 2008 Notary FAI;lie r.. ,. MOTAr4V P 8LiG z MY Op 00 RE 0 O O (? ' ' GZl fi t .? dd ? 4 w , y cn SHERIFF'S RETURN - REGULAR CASE NO: 2008-06529 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IDT CARMEL INC BENDER BONNIE J ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BENDER BONNIE J was served upon the DEFENDANT , at 1040:00 HOURS, on the 7th day of November-, 2008 at 105 WATER STREET SUMMERDALE, PA 17093-8007 T1/1TTTTT TP nT-hTrl T?n by handing to 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: So Answers: Docketing 18.00 Service 15.00 Affidavit 00 maid 400 Surcharge 10.00 R.'Thomas Kline /? 0 lit f p?vs `7- 4 0 11/12/2008 GORDON & WEINBERG Sworn and Subscibed to By: before me this day eputy Sheriff of A.D. VS 2051124 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 Orchard COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. BONNIE J BENDER DOCKET NO. : 08-6529 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: $2,247.17 $2,247.17 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 Orchard and that the last known address of defendant, BONNIE J BENDER, 105 WATER ST--BOX # 507, SUMMERDALE PA 17093-8007. 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 day of 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 , $2,721.56 as per the abov certifi tion. P o t" GORDON & WEINBERG, P.C. BY: FREDERIC WEINBERG, ESQUIRE JOEL M. F?ZNK, ESQUIRE Attorney for Plaintiff J 2051124 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 Orchard VS. BONNIE J BENDER TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-6529 NOTICE OF INTENTION TO TAKE DEFAULT BONNIE J BENDER 105 WATER ST--BOX # 507 SUMMERDALE PA 17093-8007 DATE OF NOTICE/FECHA DEL AVISO: November 28, 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: FREgER-IQ" I. WEINBERG, ESQUIRE J M. FLINK, ESQUIRE P10D-2 so D n N rri 2051124 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 Orchard VS. BONNIE J BENDER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-6529 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 $2,247.17 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 TTH0N0T IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DOUGLAS ALLEN BENDER, SR aka Douglas Allen Bender BONNIE JEAN BENDER fka Bonnie Jean Gipe Debtors CHAPTER 13 : CASE NO. 1:10-bk-08326 Cumberland County Docket No. 2008-6529 BONNIE JEAN BENDER ika Bonnie Jean Gipe Movant V. IDT CARMEL INC Respondent c-) h,, Clerk, U.S. Bankru C rt per p ,ty C48& ORDER UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under Section 522(f) of the Bankruptcy Code , it is hereby ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is granted, to wit, the judgment of IDT CARMEL INC in the amount of $2,247.17 entered in Cumberland County at docket number # 2008-6529 be and hereby is avoided; it is further ORDERED AND DECREED that a certified copy of this Order may be filed with the Prothonotary of Cumberland County and the Prothonotary is directed to terminate the judgment in the judgment indices. By the Court, 0 CI Bat*Mtcy Judge WK) Dated: November 15, 2010 Case 1:10-bk-08326-MDF Doc 13 Filed 11/15/10 Entered 11/15/10 15:24:35 Main Document Page 1 of 1 Desc