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HomeMy WebLinkAbout09-12471 D000517 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 DIRECT COLLECT, INC. assignee of Household Bank/HSBC a.k.a. HSBC P.O. Box 2167 Blue Bell, PA 19422 Vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 64 - laq I ai V!l -F?-m DONALD N SWIDERSKY 611 PARK HILLS DR MECHANICSBURG PA 17055 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 V A 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 February 27, 2009 in the amount of $10,297.38. 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 6/25/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $10,297.38 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC W INBERG, ESQUIRE JOEL M FLIN ESQUIRE Attorn y fo Plaintiff P01A.DB D000517 DIRECT COLLECT, INC. assignee of Household Sank/HSBC a.k.a. HSBC DONALD N SWIDSRSKY 5491098607857652 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. 54904 which provides for certain penalties for making false statements. AA616- YELLIN 9002 D000517 DIRECT COLLECT, INC. assignee of Household Bank/HSBC a.k.a. HSBC DONALD N SWIDERSKY 5491098607857652 AFFIDAVIT It LAUREN YELLIN, 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. There is now due and owing from defendant to plaintiff, the amount of $9,672.S1 plus interest of $502.44 at the rate of 6% less credits in the amount of $.00 totaling $10,174.95 as of December la, 2008. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and information and belief. to the best of „my knowledge, Sworn to and Subscribed before me this --rte= day of 2008 Notary Public COMMONWEALTH OF PlNNBYLVAMA NOTARIAL SEAL DAWN M. MARSHALL, Notary Pubk City of Phleft1phia, PhUs. County Commieeion E November 18 2009 _ ;? ? s=ty Oa C3 a-? DC00517 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 2203"` Conshohocken, PA 19428 484/351-0500 DIRECT COLLECT, INC. assignee of Household Bank/HSBC a.k.a. HSBC VS. DONALD N SWIDERSKY 611 PARK HILLS DR MECHANICSBURG PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-1247 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: t, Kindly reinstate the Plaintiffs' Complaint in Civil Action in the above-captioned matter for?ai? :4dditional thirty (30) days. GORDON & WEINBERG, P.C. BY: FREDERIC I. G, ESQUIRE JOEL M. FLIN INBEUIRE Attorney for Plaintiff(s) J OCOOrS17 THIS IS AN AROIT?ATION MATTER. ASSESSMENT OF DAMAGES HEARING RZQUIRED. 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 4841351-0500 DIRECT COLLECT, INC. assignees '--'", COURT OF COMMON PLEAS of Household Bank/HSBC a.k.a. CUMBERLAND COUNTY HSBC _ P.O. Box 2167 Blue Bell, PA 19422 VS. DQQKET NO. (? • jagj 0"i vi I ferw DONALD N SWIDERSKY 611 PARK HILLS DR MECHANICSBURG PA 17055 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. 4-1 YOU SHOULD TAKE THIS PAPER TO YOUR LAW!??R,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 r 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 r6quest of the defendant(s) was issued to the defendant(s) by't.ho-'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 avai,iable, is attached hereto as Exhibit "A". 5. All the credits to wh.ieh h6"jdefendant (s) is entitled have been applied and there remains a balance due as of February 27, 2009 in the amount of $10,297.36. 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. r 7. Defendant's last payment on account was made on 6/25/2007. WHEREFORE, plaintiff clairgs of thq defendant (s) the sum of $10,257.38 plus applicable costsd x rest and attorney's fees. GORDON & WEINBERG, P.C. BY; FREpER JOEL M Attorn F0IA.03 ,e INBERG, ESQUIRE ESQUIRE Plaintiff r 0000M OUNCT COLLACS, INC. assignee of Household Bank/MC a.k.a. HSSC DONALD X 8MZ83RSRY 5491098607857652 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. 84904 which provides for certain penalties for making false statements. 4 l ,4,11 A J. LA YELLIN r 9002 D000517 DIRECT COLLECT, INC. assignee of Household Sank/HSBC a.k.a. KSBC DONALD N SWIDERSKY 5491098607057652 UPIDAVIT x It LEN YEN, being duly served sworn according to law, depose and say thats 1. I ass the agent for the Plaintiff herein and I have custody and control of the files relating to this aecountf 2. I have personal knowledge of the facts and circumstances in connection with this cases 3. Plaintiff's files are maintained in the usual and ordinary course of businesst 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. There is now due and owing from defendant to plaintiff, the amount of $9,672.51 plus interest of $502.44 at the rate of 6% lose credits in the __-amount of $.00-totaling $10,174.95 as of December 12,-2008. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and\or information and belief. / Sworn to and Subscribed before me this day of 2009 Notary public COMMONW AI.TH OF P N Y VANIA NOTARIAL SEAL DAWN M. MARSHALL, Notary Pubdc Cky of Phitsde10hle. PhIla County M Cortunaleion E es November 18.2m t fb the best of „say knowledge, G) :. }-f TrivE FL' r CIE t. !10TAPY _J 2009 AFr; 1? 0 pM }: 46 I? i?1r r E; (O.Oc Pp AT7Y Sheriffs Office of Cumberland County riff as Kline Q ?titr of embrr'I Edward L Schorpp Sheho Solicitor Ronny Anderson ? - Jody S Smith Chief Deputy OFFICE C- THE `?-ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/22/2009 10:10 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 22, 2009 at 1010 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Donald N. Swiderskey, by making known unto himself personally, defendant at 611 Park Hills Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.90 SO ANSWERS, '1 April 23, 2009 R THOMAS KLINE, SHERIFF 2009-1247 Direct Collect, Inc. VS Donald N. Swiderskey By Deputy Sheriff c? N DIRECT COLLECT INC., assignee of IN THE COURT OF COMMON PLEAS OF HOUSEHOLD BANK/HSBC a.k.a. HSBC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW : DOCKET NO.: 09-1247 Civil Term DONALD N. SWIDERSKY, Defendant NOTICE TO PLEAD To: Direct Collect, Inc. c/o Frederic I. Weinberg, Esquire Gordon & Weinberg, P.C. 1001 E. Hector Street, Ste. 220 Conshohocken, PA 19428 You are hereby notified to file a written response to the within Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Date Andrew T. Murray, Esquir PA ID No. 202943 Attorney for Defendant COHEN LAW OFFICES 1149 Municipal Drive PO Box 663 Duncansville, PA 16635 DIRECT COLLECT INC., assignee of IN THE COURT OF COMMON PLEAS OF HOUSEHOLD BANK/HSBC a.k.a. HSBC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW : DOCKET NO.: 09-1247 Civil Term DONALD N. SWIDERSKY, Defendant PRELIMINARY OBJECTIONS AND NOW, comes the Defendant, Donald N. Swidersky, by and through his attorney, Andrew T. Murray of Cohen Law Offices, and hereby files these Preliminary Objections to Plaintiff's Complaint and in support thereof respectfully avers as follows: Preliminary Objection in the form of a Demurrer for legal insufficiency of the Complaint 1. Plaintiff's Complaint is in the form of a contract dispute over an alleged agreement between the parties. 2. Plaintiff's Complaint fails to state whether the alleged agreement was oral or in writing pursuant to Pa. R.C.P. 1019 (h). 3. If the alleged agreement was in writing, Plaintiff's Complaint fails to attach a copy of said writing pursuant to Pa. R.C.P. 1019 (i), instead it contains an alleged Account Summary that does not contain the signature of Defendant. 4. Plaintiff, Direct Collect, Inc. claims to be an assignee of Household Bank/HSBC, however, no copy of any assignment or other agreement between those parties is attached to the Complaint. 5. Plaintiff has alleged a total amount owed by Defendant, but has provided no accounting of what goods and/or services that Plaintiff allegedly provided in exchange for the amount claimed. 6. Plaintiff also claims that Defendant applied for a credit card, but has not provided a copy of said application or a date when said card was allegedly issued. 7. Plaintiff has also failed to provide any accounting of alleged dates of use of said card and/or payments rendered by Defendant. WHEREFORE, for the foregoing reasons, the Defendant prays this Honorable Court sustain these Preliminary Objections and dismiss the Plaintiff's Complaint, or in the alternative, Plaintiff should be directed to file a more specific pleading. Respectfully submitted, Andrew T. Murray, Esquire PA ID No. 202943 Attorney for Defendant COHEN LAW OFFICES 1149 Municipal Drive P.O. Box 663 Duncansville, PA 16635 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the forgoing Preliminary Objections were served this date by first-class United States mail, sufficient postage prepaid, addressed to: Frederic I. Weinberg, Esquire Gordon & Weinberg, P.C. 1001 E. Hector Street, Ste. 220 Conshohocken, PA 19428 Dated: ( a3 Andrew T. Murray, Esquire Attorney for Defendant DIRECT COLLECT INC., assignee of IN THE COURT OF COMMON PLEAS OF HOUSEHOLD BANK/HSBC a.k.a. HSBC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DONALD N. SWIDERSKY, Defendant AND NOW, this day of CIVIL ACTION - LAW DOCKET NO.: 09-1247 Civil Term ORDER 2009, the foregoing matter having come before the Court, the Preliminary Objections of the Defendant are sustained and this action is DISMISSED WITH PREJUDICE. In the alternative, Plaintiff has twenty (20) days to file an amended Complaint with this Court. BY THE COURT: - J. OF THE P 2099 MAY (26 PHI 3: 39 n