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Home My WebLink About09-1250 s ME BE D000543 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. Ameritech P.O. Box 2167 Blue Bell, PA 19422 Vs. ASHLEY N KILLINGER 38 S ENOLA DR ENOLA PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 0q-1a50 0,1vil Il°J-m 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 January 6, 2009 in the amount of $2,728.69. 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 6/14/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,728.69 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC W INBERG, ESQUIRE JOEL M. I ESQUIRE Attorney r Plaintiff P01A.DB D000543 DIRECT COLLECT, INC. assignee of Household Bank/HSBC a.k.a. Ameritech ASHLEY N KILLINGER 5491100016405113 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. LAUREN YELLIN ?, N ` 4 `? i ?? ` a-T ? ? t V ? Q ? ? T? ? a v ? .' :Y '? Sheriffs Office of Cumberland County R Thomas Kline ???%tp @' ` ?""oer?? _ T Solicitor Sher Ronny R Anderson Jody S Smith Chief Deputy a cE OF r"E SKRIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/06/2009 06:30 PM - Gerald Worthington, Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within Complaint and Notice was served upon Ashley N. Killinger the defendant, at 1830 hours on the 6th day of March, 2009 at 38 S. Enola Drive Enola, PA 17025 by handing to the adult in charge James Killinger personally a true and attested copy of the Complaint and Notice and at the same time directing her attention to the contents thereof. SHERIFF COST: $41.92 (PAID) SO ANSWERS, Direct Collect Inc. VS March 09, 2009 Ashley Killinger R THOMAS KLINE, SHERIFF 2009-1250 Civil De uty S erl ?y r Y WPM D000543 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 DIRECT COLLECT, INC. assignee- of Household Bank/HSBC a.k.a. Ameritech COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ASHLEY N KILLINGER DOCKET NO. : 09-1250 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: $2,583.85 $2,583.85 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: DIRECT COLLECT, INC.assignee of Household Bank/HSBC a.k.a. Ameritech and that the last known address of defendant, ASHLEY N KILLINGER, 38 S ENOLA DR, ENOLA PA 17025. 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 w. 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 14'1` day of Apci I , 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 $2,583.85 as per the aboveAper?ifLcAion. Prcfthonotar GORDON & WEANBEW, BY: / FREDE IC . WEINBERG, ESQUIRE JOEL . FLINK, ESQUIRE Atto ney for Plaintiff OF w D000543 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. Ameritech. Vs. ASHLEY N KILLINGER TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-1250 NOTICE OF INTENTION TO TAKE DEFAULT ASHLEY N KILLINGER 38 S ENOLA DR ENOLA PA 17025 DATE OF NOTICE/FECHA DEL AVISO: March 27, 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: FREDERI I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE P10D-2 flLED-?10FRCE OF THc Pn"T`''t' '7TARY 2009 APR 14 PM 2: 18 ('c.-i of `Jr? t 2F!, #14.00 Pp AI-N cot gSa33 e a5r707 DC00543 r, GORDON & WE INBERG, F . C . BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE ldentificat?on 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. Ameritech Vs. ASHLEY N KILLINGER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-1250 Pursuant to Pa. R. Civ. P. 236 of the uupreme 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 $2,383.85 Money Judgment $ L_L 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 PR HONOTAR SHERIFF'S OFFICE OF CUMBERLAND COUNTY' ~ `~_a Ronny R Anderson ~"''~ ~ ~ ~ a ~ r =' Sheriff a~s. v{~ ~"airtbrr/ ~' '~' ~~ Jody S Smith ~~~ ,r~~~ q , ,- Chief Deputy `` ~~~ ~ ~-` :r Edward L Schorpp ~ < - ' ;_ y{. Solicitor -~ , ~, ~ ~ "==a :_.~ ~? u -. Direct Collect, Inc. Assignee of Household Bank/HSBC A.K.A. Ameritech Case Number vs. 2009-1250 Ashley N Killinger SHERIFF'S RETURN OF SERVICE 01/26/2010 02:21 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2010 at 1420 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Ashley N. Killinger, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Maria Theodoratos, Senior Customer Service Representative, 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 January 27 2 10 to s ley N. Killinger, 38 S Enola Drive, Enola, PA 17025. C January 27, 2010 SO ANSWERS, RO Y ANDERSON, SHERIFF {o GrnmtySuite Sheri'f. T'eteosoft, Ins;. 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 BankfHSBC a.k.a. Ameritech P.O. Box 2167 Blue Bell, PA 19422 vs. ASHLEY N KILLINGER 38 S ENOLA DR ENOLA PA 17025 and Metro Bank 65 Ashland Avenue Carlisle, PA 17013 GARNISHEE fifL~1- 2~t~ J~~~ 2~ fF;~ I~ ~~~ s`r~., COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 09-1250 ~~~£~ /O INTERROGATORIES IN ATTACHI+~NT TO: Metro Bank - GARNISHEE You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? Defendant has no accounts at 2 . At the Mime ° Bank you were served or at any subsequent time was there in your possession, custody or control o r in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest. 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof ? 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to his(her, their) direction or otherwise discharge any claim of the defendant(s) against you? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 8. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. X8123? If so, identify each account. 9. How much is the value of any property in your possession belonging to the defendant(s)? FREDERIC W NBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff DATED: ~/(L///v VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of hislher knowledge, information and belief. /,'~ I , -l (SIGN TURE) 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. Ameritech vs. ASHLEY N KILLINGER and Metro Bank Garnishee D000543 n ,~,, o o` `- .cc '*~ ~ '.~~ ~ ~ W ~ ~_ cn `r- r. t4_-. ~ ~ tp 'cs ~i J r~ ~j s~. .~ .;. ~C, 3 ~~ o ati -c COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-1250 PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY; Kindly dissolve the attachment of the defendant's bank account with Metro Bank, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. %/'_ BY: Poll FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff $B.OO Pp A7r/ Cr,~-lo7~c~9 P~7~ a 375138 1 €~ LL~_`i '~ ,€_ ~~' T~~c ~G',~ ,, ;r°,RY ~~o~st~~7 ~~~ i2~ ~~ ~_ N~ GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 VIY~''- ..'UI DIRECT COLLECT, INC. assignee of Household Bank/HSBC a.k.a. Ameritech vs. ASHLEY N KILLINGER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 09-1250 SIIGGESTION OF H~AN1QtUPTCY OF DBFSNDANT TO THE PROTHONOTARY: AND N01P, this 21Ju110, it is suggested of record that Defendant, ASHLEY N KILLINGER, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about July 20, 2010, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 10-05318. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY: FREDERIC WE BERG, ESQUIRE JOEL M. LIN ESQUIRE Attorney Plaintiff ~° ~ ~'~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~~ Sheriff ~' 1 ~~~'~Jt~tAt~l ~$~~,tr of ~:umbrrf~ ~ ~ ~~ -. Jody S Smith ~'~ ~~ AM • 50 Chief Deputy #~ .;;-=;f`~~s 10 AUG 31 S. ~:~r,.s Richard W Stewart ,~/ Solicitor or~i4€ ~F T"~ st+ERtF~ ~viv` , Direct Collect, Inc. Assignee of Household Bank/HSBC A.K.A. Ameritech Case Number vs. 2009-1250 Ashley N Killinger SHERIFF'S RETURN OF SERVICE 01/26/2010 02:21 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2010 at 1420 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Ashley N. Killinger, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Maria Theodoratos, Senior Customer Service Representative, 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 January 27, 2010 to Ashley N. Killinger, 38 S Enola Drive, Enola, PA 17025. 08/30/2010 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: $87.50 SO ANSWERS, August 30, 2010 RON R ANDERSON, SHERIFF B aron R. Lantz ~ Co $,-. D d P $ •S~ ~~g31 (c) CountySuite Sheriff. Teleosoft. b~c. ~.~ „L~~