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HomeMy WebLinkAbout09-1226t z 2048722 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. ANNETTE AUMILLER 718 HUMMEL AVE LEMOYNE PA 17043-1831 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : Dq - Imo(, &'ji t Ierm 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 .. 46 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 $4,263.99. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $4,263.99 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 11/25/05. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,263.99 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. Wt;AERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A.DB VERIFICATION 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. Name 1854 2048722 Collins Financial Service s, Inc. US Bank National Association N D - CARD PLAINTIFF VS. ANNETTE AUMIILER 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 ANNETTE AUMILLER with account number 4190080947191248, 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 plaintiffs 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 ANNETTE AUMILLER as of June 25, 2008, the sum of $4,050.90 plus interest at the rate of 6%for a total balance due in the amount of $4,244.02. 6. To the best of my information and belief, ANNETTE AUMILLER is a resident of LEMOYNE PA 17043-1831 and is neither an Infant nor incompetent. The foregoing matters are, to the beat of my informat777777---- AFFIANT Sworn to and subscribed before me this 16 Day .?Y LENORA KATHLEEN STELTER a OF NOTARY PUBLIC STATE OF TEXAS COMMISSION EXPIRES: 03-29-2011 2008. Notary PubBE, State of Texas My Commission Expires: Ref. No. 7013753 RE: Collins Financial Service - VS: AUMILLER/ANNETTE - [Main Claim Data - show... Page 1 of 1 Firms T> 332/PA6 Update Case I ?2 Status Identity Main Add'I Debtors ? Employer/Bank ? Misc Fin. Court/Suit Running Bai, Paym,/Costs Notes ? AR Fields ? Rec Count File No.: Forw. File No.: Co-Co. File No.: Forw. ID: Firm ID: Cred ID: CType: 7013753 4190080847191248 2048722 TX332 PA6 ACT Orig. Bal: Orig. Int: Orig. Total: Stat: 4,050.90 13.99 4,064.89 DS 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: 4,050.90 3/4/2008 13.99 9/30/2007 Debt Balance: 4,050.90 Debtor Name & Address: AUMILLER/ANNETTE Last Payment Amt: 718 HUMMEL AVE LEMOYNE, PA 170431831 Last Payment Date: 11/25/2005 Phone: Rate Pre-Jdgmnt: 0.0600 Fax: Rate Post-7dgmnt: SSN: 194468806 DOB: Commission: 0.28 Driv. Lic: Suit Fee: Rflle: Law List: Date Orig. Acct Opened: 10/28/1996 Charge Off Amount: Date Acct Purchased: 9/30/2007 Charge Off Date: 12/31/2001 Firms: TX332/PA6 Close https://www.youvegotclaims.com/datalink/show all.asp?Master key=373630620 7/14/2008 -{ 77- rTI D '"Ny' ? Fl j ? Sheriffs Office of Cumberland County R Thomas Kline of trumbel.4,Lawara L bcnorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy o"= of rr# SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/10/2009 05:49 PM - Kenneth Gossert Deputy Sheriff, who being duly sworn according to law, states that on March 10, 2009 at 1749 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Annette Aumiller, by making known unto Annette Aumiller personally, at 718 Hummell Avenue, Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 (PAID) March 14, 2009 SO W-VSK,pSrai?C .?? R THOMAS KLINE, SHERIFF Deputy Sheriff Docket No. 2009-1226 Collins Financial Services Inc. v Annette Aumiller z?a `j, E 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 2048722 Collins Financial Service s, Inc. US Bank National Association N D - CARD VS. ANNETTE AUMILLER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-1226 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: $4,050.90 $4,050.90 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 of defendant, ANNETTE AUMILLER, 718 HUMMEL AVE, LEMOYNE PA 17043-1831. 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 r 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 1644%_ day of Y , 2009 Judgment is entered in favor of the plaintiff(s) a d against defendant(s) by default for want of an answer and dam ges assessed at the sum of , $4,050.90 as per the above rti ica on. Prot notar GORDON, & WEINB G, P . C . BY: FREDERIC W INBERG, ESQUIRE JOEL M. F , ESQUIRE Attorney for Plaintiff 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 2048722 Collins Financial Service s, Inc. US Bank National Association N D - CARD VS. ANNETTE AUMILLER TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY 1 1. DOCKET NO. : 09-1226 NOTICE OF INTENTION TO TAKE DEFAULT ANNETTE AUMILLER 718 HUMMEL AVE LEMOYNE PA 17043-1831 DATE OF NOTICE/FECHA DEL AVISO: March 31, 2009 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: FRED C Al .--WE - INBERG, ESQUIRE JOE FLINK, ESQUIRE PLOD-2 FILED--CF"IOE CF ?H" FR107 n',,r)TAPY 2009 APR 17 PIN 1: 14 -+1,} o© Pp ATr-I Crc.`''? `? 35 ?. aa3 888 i 2048722 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. ANNETTE AUMILLER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-1226 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. /XL Judgment by Default $4,050.90 f? 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 P THONOTAR WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1226 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COLLINS FINANCIAL SERVICES, INC. US BANK NATIONAL ASSOCIATION N D -CARD Plaintiff (s) From ANNETTE AUMILLER, 718 HUMMEL AVENUE, LEMOYNE, PA 17043 (1)You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK, 105 NOBLE BLVD., CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$4,050.90 Interest FROM APRIL 17, 2009- $835.83 Atty's Comm Atty Paid $165.50 Plaintiff Paid Date: SEPTEMBER 4, 2012 L.L. $.50 Due Prothy $2.25 Other Costs (Seal) REQUESTING PARTY: Name : FREDERIC I. WEINBERG, ESQUIRE Address: GORDON &WEINBERG, P.C. 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 2048722 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 91360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 ~' p ~gT+~t~ 1312 S~`,~ - t~ p~ 3; 23 r~~~Rt~I~D ~'~~~~ r~-vAr°~a~vrY Collins Financial Service s, Inc. US Bank National Association N D - CARD 2101 West Ben White Blvd Austin, TX 78704 vs. ANNETTE AUMILLER 718 HUMMEL AVE LEMOYNE PA 17043-1831 and PNC Bank 105 Noble Blvd. Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 09-1226 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against ANNETTE AUMILLER (2) against PNC Bank (3) AMOUNT DUE INTEREST from April 17, 2009 COSTS defendant(s)and garnishee(s) $4,050.90 $835.83 Prothonotary fee Sheriff fee C_+ (4) Less: Payments on Account ( $.00) ~ac~.~Q~TOTAL Q,va~ y ~ . S o CQr- 1~.5d «<~ !!,,o ~' '' '~V µ~ ~"I o r a ~~(~S•s FREDERIC I. W NBERG, ESQUIRE $'a..`o~ Q~JOEL M. FLINK, ESQUIRE ~~S O w Attorney for Plaintiff ~~.r~s~~7 - ~ ~ ~s~ ~r~a gay q ~ ~.-~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILL'D-UFF ic- Sheriff It- ti �4%V at Jody S Smith THE PROTHO" NO Chief Deputy 2013 APR _5 PM 3: 52 Richard W Stewart A $- Solicitor O"Cf OFTHE$HCRIFF CUMBERLAND COUNTY PENNSYLVANIA Collins Financial Services Inc Case Number vs. 2009-1226 Annette Aumiller I SHERIFF'S RETURN OF SERVICE 09/17/2012 03:41 PM-William Cline, Deputy Sheriff,who being duly sworn according to law, states that on September 17,2012 at 1536 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants,to wit:Annette Aumiller, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, by handing to Susan Casale, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on September 18, 2012 to Annette Aumiller at 718 Hummel Avenue, Lemoyne, PA 17043-1831. 04/05/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $88.40 SO ANSWERS, eo�/12' April 05, 2013 RbNtrY R ANDERSON, SHERIFF IU- P ALL o 9 d-3 Ar z,-)countysU!le SlIeriff.I e19060ft, ^" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-1226 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due COLLINS FINANCIAL SERVICES,INC.US BANK NATIONAL ASSOCIATION N D-CARD Plaintiff(s) From ANNETTE AUMILLER,718 HUMMEL AVENUE,LEMOYNE,PA 17043 (1)You are directed to levy upon the property of the defendant(s)and to sell (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEES)as follows: PNC BANK,105 NOBLE BLVD.,CARLISLE,PA 17013 and to notify the garnishees)that:(a)an attachment has been issued;(b)the garnishees) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$4,050.90 L.L.$.50 Interest FROM APRIL 17,2009-$835.83 Atty's Comm % Due Prothy $2.25 Arty Paid $165.50 Other Costs Plaintiff Paid Date:SEPTEMBER 4,2012 othon tary (Seal) By: Deputy REQUESTING PARTY: Name : FREDERIC L WEINBERG,ESQUIRE Address: GORDON&WEINBERG,P.C. 1001 E.HECTOR STREET,SUITE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 '�" ! �` my fund tito set l here u to Pa. Supreme Court ID No.41360csaid 2d