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HomeMy WebLinkAbout09-1463 D000468 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 DIRECT COLLECT, INC. assignee of Household Bank/HSBC a.k.a. Ameritech P.O. Box 2167 Blue Bell, PA 19422 Vs. SCOTT R SHAFER 2103 E COVENTRY LN ENOLA PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09 - 1*104 alvi I T,?-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 December 29, 2008 in the amount of $1,327.78. 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 5/22/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,327.78 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: --!? 7FREDERIC I. INBERG, ESQUIRE JOEL M. K, ESQUIRE Attorney for Plaintiff P01A.DB D000468 DIRECT COLLECT, INC. assignee of Household Bank/HSBC a.k.a. Ameritech SCOTT R SHAFER 5408010020220733 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 D000468 9002 DIRECT COLLECT, INC. assignee of Household Bank/HSBC a.k.a. Ameritech SCOTT R SHAFER 5408010020220733 AFFIDAVIT I, 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 $1,258.87 plus interest of $65.39 at the rate of 6% less credits in the amount of $.00 totaling $1,324.26 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 a 7rrect to the best of my knowledge, information and belief. LAUREN YELLIN Sworn to and Subscribed before me this day of 2008 Notary Public .;OMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL LCity M. MARSHALL, Notary Public of Philadelphia. Phila. County ission E„ Y? ?A Gi C= c +sa t Sheriffs Office of Cumberland County R Thomas Kline %r at cumber Edward L Schorpp Sheri ('010 Solicitor Jody Ronny R Anderson S Smith Chief Deputy OFF4CE OP T HE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/11/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Scott R. Shafer, but was to unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Scott R. Shafer exact address not available. Per the Enola Post Office an address for the defendant is 297 Path Valley Road Fort Loudon, Franklin County, Pennsylvania. SHERIFF COST: $33.00 (PAID) March 19, 2009 SO ANSWERS R THOMAS KLINE, SHERIFF Docket No. 2009-1463 Direct Collect Inc. V Scott R. Shafer r-a - t. ? r D000468 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. SCOTT R SHAFER 2103 E COVENTRY LN ENOLA PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-1463 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Plaintiffs' Complaint in Civil Action in the above-captioned matter for an additional thirty (30) days. GORDON & WEINBERG, P.C. BY: FREDERIC A. W NBERG, ESQUIRE JOEL M. FL , ESQUIRE Attorney for Plaintiff(s) D000468 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE o Identification No.. 41360 _ JOEL M. FLINK, ESQUIRE 4rr''' Identification No.. 41200 1001 E. Hector Street, Ste 220- Conshohocken, PA 19428 484/351-0500-' ? DIRECT COLLECT, INC. assignee COURT OF COMMON PLEAS _ ° of Household Bank/HSBC a.k.a. CUMBERLAND COUNTY Ameritech P.O. Box 2167 Blue Bell, PA 19422 .?._ vs. DOCKET NO. 0,1Vi f (e ?k, SCOTT R SHAFER 2103 E COVENTRY LN ENOLA PA 17025 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) 249-3 16 6 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 December 29, 2008 in the amount of $1,327.78. 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 5/22/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,327.78 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EINBERG, ESQUIRE JOEL M. K, ESQUIRE Attorney for Plaintiff P01A.DB DC00468 DIRECT COLLECT, INC. assignee of Household Bank/HSBC a.k.a. Ameritech SCOTT R SHAFER 5408010020220733 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. 94904 which provides for certain penalties for making false statements. LAUREN YELLIN 9002 DC00468 DIRECT COLLECT, INC. assignee of Household Bank/HSBC a.k.a. Ameritech SCOTT R SHAKER 5408010020220733 AFFIDAVIT I, 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 $1,258.87_plus_ _inter eat of $65.39 at the rate of 6% less credits in the amount of $.00 totaling $1,324.26 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 a rrect to the best of my knowledge, information and belief. LAUREN YELLIN Sworn to and Subscribed before me this Z day `, 7 of 2008 Notary Public -OMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DAWN M. MARSHALL, Notary Public City of Philadelphia. Phila. County Nty Commissan_ Ex.Ires (l4..m.pe Ffl.C-? -t.Y i ;E OF THE PRTI-MIOTARY 2009 APR -2 Pit 1. 32 iND V l t r r, ?+ v?YL`Jr?• e *lo • oo Po ATN Clc - '7(,Saq ,gAB151 Sheriffs Office of Cumberland County R Thomas Kline ut k,tutltawara L )cnorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/04/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on March 20, 2009 at 1508 hours this Complaint and Notice upon defendant Scott R. Shafer is returned not served. Per Post Office defendant is residing at 297 Path Valley Road, Fourt Loudon, Franklin County. On April 9, 2009, spoke to Dorothy at Gordon & Weinberg, informed her of defendant's new address. Check for $100 and instructions to deputize Franklin County were not recieved, complaint has now expired. SHERIFF COST: $37.42 May 04, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Docket No. 2009-1463 Direct Collect v Scott Shafer M r---; ?. nor ?1y rn :ryt fV '-rn I D000468 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. SCOTT R SHAFER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-1463 PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEN RG, ESQUIRE JOEL M. FLINK, QUIRE Attorney for Plaintiff P006 CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Withdraw Complaint to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. t__) FREDERIC I. BERG, ESQUIRE Dated ,r OF 11-ic P="? T CRY 2019 KAY 15 Ph 12: ? 8 CUNt".