HomeMy WebLinkAbout08-66402039739
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
ACIB
2080 ELM STREET SE
MINNEAPOLIS, MN 55414
Vs.
SPENCER T LOMISON
19 B Street
Carlisle PA 17013-1906
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : Og - ( oqo Civi t Ter w,
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 as of October 14, 2008
in the amount of $1,368.44.
6. Plaintiff has made demand upon the defendant(s)for
payment of the balance due 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
2/20/2006.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$1,368.44 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I. EI BERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
P01A.DB
VERIFICATION
FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the
attorney for the Plaintiff(s) in this action and verifies that the
statements made in the foregoing pleading are true and correct to
the best of his knowledge, information and belief.
The undersigned understands that the statements herein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating
to unsworn falsification to authorities.
FREDERIC I. WE NB G, ESQUIRE
2039739
IDT Carmel Assignee of HSBC ACIB
VERIFICATION
I hereby state that I am the agent for the plaintiff herein,
and that the facts not 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.
t' s
2062 2039739
IDT Carmel Assignee of HSBC ACIB
SPBNCER T L0611SON
5407915005545808
i/I AFFIDAVIT
I, /0J , 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
5407915005545808in the amount of $905.58; and
6. If called upon, affiant can testify at trial as to the facts
pertaining to this matter.
The above facts are true and correc best of my knowledge,
information and belief.
N
Sworn to and Subscribed
before me this day
of 2008
Nota Public
?v: rl;; vc }iC R0N!CA JANE BERRES
NOTARY PUBLIC
MINNESOTA
?av Commission Expires Jan.31, 2010
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-06640 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IDT CARMEL
VS
LOMISON SPENCER T
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law,l,says, that he made a diligent search and
inquiry for the within named ',DEFENDANT
LOMISON SPENCER T but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE ,
NOT FOUND , as to
the within named DEFENDANT LOMISON SPENCER T
19 B STREET
CARLISLE, PA 17013-1906
THERE IS NO SUCH ADDRESS IN CUMBERLAND COUNTY.
Sheriff's Costs:
Docketing 18.00
Service 5.00
Not Found 5.00
Surcharge 10.00
00
/z?o?l o y" 3 8. 0 0
So answers:
x. Thomas Kline
Sheriff of 'Cumberland County
GORDON & WEINBERG
11/14/2008
Sworn and Subscribed to before
me this day of
A. D.
David D. Bueff
Itothonotary
lUrkS. Sohonage,
Soficitor
knee X Simpson
1" Deputy 1n`rothonotary
Irene E. Morrow
2nd Deputy Prothonotary
office of the 1tothonotary
um6erfand County, (Tennsy(vania
oe -L42 ID CIVILTERM
AND NOW
ORDER OF TERMINATION OF COURT CASES
IS 25r" 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 Courthouse Square • Suite 100 0 Carlisle, PA 17013 • (717)240-6195 9 T'a.? (717 240-6573