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HomeMy WebLinkAbout09-1225i 2048708 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 Collins Financial Service s, Inc. US Bank National Association N D - CARD 2101 West Ben White Blvd Austin, TX 78704 VS. WILLIAM BINGHAM 3443 GREEN ST CAMP HILL PA 17011-4420 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : DQ - IM l?tVtlTCf'K 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 $8,152.33. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $8,152.33 but the defendant(s)has failed and refused and still refuses to pay the same or any part w thereof. 7. Defendant's last payment on account was made on 12/8/05. WHEREFORE, plaintiff claims of the defendant(s) the sum of $8,152.33 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. 11-P4? BY: FREDERIC I. WE BERG, ESQUIRE JOEL M. FLI , ESQUIRE Attorney for Plaintiff P01A.DB 1854 . :. It 2048708 Collins Financial Service s, Inc. US Bank National Association N D - CARD PLAINTIFF VS. WILLIAM BINGHAM DEFENDANT State of Texas County of Travis § § AFFIDAVIT The undersigned, being duly sworn, states the following: 1. I am a custodian of the records for the plaintiff and in that capacity I make this affidavit. 2. I am familiar with the books and records of the plaintiff, and the books and records pertaining to the account which is subject matter of this action are maintained under my supervision and control, are kept in the ordinary course of business, and the entries made in those records are made at or near the time that the transactions reflected in those records occur. 3. Plaintiff purchased/was assigned this account from the original creditor and/or its assigns, in the name of WILLIAM BINGHAM with account number 4190040335156541, originally issued by the original creditor. 4. At the time of purchase/assignment of the subject account, the data from the records of the original creditor were loaded into the plaintiff's computer system. Following the initial entry of data, all subsequent entries into the the plaintiff's system were made at or near the time of the events that they describe. 5. The books and records of the plaintiff indicate that there is justly due and owing by the WILLIAM BINGHAM as of Jane 25, 2008, the sum of $8,152.33 plus interest at the rate of 0%for a total balance due in the amount of $8,152.33. 6. To the best of my information and belief, WILLIAM BINGHAM is a resident of CAMP HILL PA 17011-4420 and is neither an infant nor incompetent. The foregoing matters are, to the best of my information and %llef, true and correct. AFFIANT Sworn to and subscribed before me this 161 Day of aA , 2008. OF TEXAS Ewl :70 STELTER PIRES: 03-29-2 Notary Public, State of Texas My Commission Expires: -t LSJ Ret No. 7010543 RE: Collins Financial Service - VS: BINGHAM/WILLIAM - [Main Claim Data - show-a... Page 1 of I t- I Firms, TX2)32/PA6 Update Close Status Identity Main Add'I Debtors Employer/Bank Misc Fin, Court/Suit I Running Bal. Paym./Costs j Notes I All Fields - Rec Count File No.: Forw. File No.: Co-Co. File No.: Forw. ID: Firm ID: Cred ID: CType: 7010543 4 190040335156541 2048708 TX332 PA6 ACT Orig. Sal: Orig. Int: Orig. Total: Stat: 8,152.33 8,152.33 DC Creditor Name & Address: Collins Financial Service s, Inc. Original Creditor Name US Bank National Association N D - CARD Orig. Claim Amt: Date Forwarded: Orig. Interest Amt: Orig. Interest Date: 8,152.33 3 4 2008 // 9/30/2007 Debt Balance: 8,152.33 Debtor Name & Address: BINGHAM/WILLIAM Last Payment Amt: 3443 GREEN ST CAMP HILL, PA 170114420 Last Payment Date: 12/8/2005 Phone: 717-695-0323 Rate Pre-3dgmnt: Fax: Rate Post-3dgmnt: SSN: 193589785 DOB: Commission: 0,28 Driv. Lic: Suit Fee: Rfile: Law List: Date Orig. Acct Opened: 5/1/2003 Charge Off Amount: Date Acct Purchased: 9/30/2007 Charge Off Date: 3/26/2005 Firms: TX332/PA6 Close https://www.youvegotclaims.com/datalink/show all.asp?Master key=373628977 7/14/2008 ' 06 n C' tai 9L.) Ut F -' -. C , a t' f r? "? Sheriffs Office of Cumberland County R Thomas Kline b.°??V of Cum6rr Edward L Schorpp Sheri Solicitor o, ' .;, Ronny R AndersonJody S Smith Chief Deputy r' OF T"s s?4ERiFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/12/2009 04:06 PM - Kenneth Gossert, Deputy Sheriff, who being duly swom according to law, states that on March 12, 2009 at 1606 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William Bingham, by making known unto William Bingham personally, at 3443 Green Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 (PAID) SO A N)S y/. 0or '7 .0, March 13, 2009 R THOMAS KLINE, SHERIFF De t S Docket No. 2009-1225 Collins Financial Services Inc. v William Bingham y• . 1 j nl 2048708 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 Collins Financial Service s, Inc. US Bank National Association N D - CARD VS. WILLIAM BINGHAM TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-1225 Enter judgment for want of a.n--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: $8,152.33 $8,152.33 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: Collins Financial Services, Inc. US Bank National Association N D - CARD and that the last known address ot'•,d(jfendar t,. WILLIAM BINGHAM, 3443 GREEN ST, CAMP HILL PA 17011-4420. 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 April , 2009 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 , $8,272.33 as per the abov certific ion. P thonot GdReCIN'' & WEINBERG, P.C. BY: NBERG, ESQUIRE FREDERIC I. /W JOEL M. FL , ESQUIRE Attorney for Plaintiff d 2048708 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 Collins Financial Service s, Inc. US Bank National Association N D - CARD Vs. WILLIAM BINGHAM TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-1225 NOTICE OF INTENTION TO TAKE DEFAULT WILLIAM BINGHAM 3443 GREEN ST CAMP HILL PA 17011-4420 DATE OF NOTICE/FECHA DEL AVISO: April 2, 2009 IMPORTANT NOTICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDPORD':STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERI I., INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE P10D-2 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. A LED -CJ ' rF il^t+'r1T OFTHE 299 APR 17 1'1 1: 14' Ty *14.0o pp Ar^! 'o-ri 8 gti5 r F 2048708 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY Collins Financial Service s, Inc. US Bank National Association N D - CARD VS. WILLIAM BINGHAM DOCKET NO NOTICE 09-1225 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 $8,152.33 Money Judgment $ Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING.THJ S NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 OTHON