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HomeMy WebLinkAbout09-5038NC034108 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 PALISADES COLLECTION, LLC AS ASSIGNEE OF CHASE CHASE 210 SYLVAN AVENUE ENGLEWOOD CLIFF 07632 Vs. JAMES T GREGORY 100 W GREEN STREET MECHANICSBURG PA 17055-6251 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : O9 - 503$ 0,1vil-Firm 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 original creditor under the terms of which the original creditor agreed to extend to defendant(s)the use of original creditor'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 original creditor 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 original creditor. 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 June 29, 2009 in the amount of $15,066.03. 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 07/02/2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $15,066.03 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE JOEL M. FLINK, Attorney for P ESQUIRE E ZR tiff P01A.DB NC034108 5490922600243621 PALISADES COLLECTION, LLC AS ASSIGNEE OF CHASE CHASE 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. PALISADES COLLECTION, LLC AS ASSIGNEE OF CHASE Plaintiff, VS. JAMES T GREGORY Defendant. AFFIDAVIT I? Ana Hernandez being of full age, hereby certify as follows: 1. I am more than 18 years of age and am competent to make this affidavit. 2. I am employed by plaintiff, PALISADES COLLECTION, LLC AS ASSIGNEE OF CHASE as a custodian of records for the records and facts at issue. 3. I am familiar with all of the facts and circumstances in connection with this case and have been authorized to make this certification in the above referenced case. 4. In the ordinary course of business and as a regular business practice, PALISADES COLLECTION, LLC AS ASSIGNEE OF CHASE `s employees or representatives with knowledge of the accounts compile business records memorializing account activity and transactions at or near the time they occur. 5. Entries in the files and business records of Plaintiff are made contemporaneously with transactions in order to preserve the accuracy of the transaction. 6. Plaintiff's files and business records are maintained by PALISADES COLLECTION, LLC AS ASSIGNEE OF CHASE 7. I have custody and control of the files and business records relating to this account. 8. There is now due and owing from defendant to plaintiff, the amount of $12,111.99 plus interest of $2,904.27 at the rate of 6% less credits in the amount of $.00 totaling $15,016.26 as of June 4, 2009. 9. The documents attached to this affidavit, if any, are true and accurate copies of business records regarding the Defendant's account. 10. Upon information and belief, the Defendant is not now, nor has been within 30 days hereof, in the military service of the United States as defined in the Service members Civil Relief Act as amended nor an infant, incompetent, under mental defect or infirm. 11. Defendant is entitled to no known valid defenses, setoffs or counterclaims, and further states that written demand was made upon the Defendant. I affirm under the penalty of perjury t th b e facts are true and correct. IV6 (N AF T) Sworn to and Subscribed before me this ? day of 2009 Notary Public N" pC JOSEP' MY STATE OF NEW JERS COMMISSION E pIRES; JAN 1 12012 '*I Im NC034108 5490922600243621 Docket# OF ThIE 2009 J UL 24 Pm 12: v ly 4'18.so PO ATV at-V Mas EC* a,a,$4vl Sheriffs Office of Cumberland County R Thomas Kline FILE) Sheri ?ptM AtRINPIf G' Ronny R Anderson 4 y? ? Chief Deputy Jir.F' } aw 2rt1 12 r 7 Jody S Smith ,, i Civil Process Sergeant ,CE ` 7,E s"ERIFF 4?! Edward L Schorpp Solicitor Palisades Collection, LLC Case Number vs. James T. Gregory 2009-5038 SHERIFF'S RETURN OF SERVICE 08/05/2009 08:48 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 5, 2009 at 2048 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James T. Gregory, by making known unto himself personally, defendant at 100 W. Green Street Apt. 1 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: $37.00 August 06, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF u y Sheriff i GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 11JV1 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 PALISADES COLLECTION, LLC AS ASSIGNEE OF CHASE CHASE vs. JAMES T GREGORY NC034108 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-5038 PR.AECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER ASSESSMENT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVI E 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 $15,066.03 Less: Payments on Account ( $.00) Total: $15,066.03 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: PALISADES COLLECTION, LLCAS ASSIGNEE OF CHASE CHASE and that the last known address of defendant, JAMES T GREGORY, 100 W GREEN STREET, MECHANICSBURG PA 17055-6251. 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. :ZN AND NOW, this oc7" day of 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 $15,066.03 as per the abovp,certificatian. Pra?ffhonotary GORDON & WEINBERG, P.C. BY: FREDERIC I. EINB RG, ESQUIRE JOEL M. FLIN QUIRE Attorney for Plaintiff A NC034108 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 PALISADES COLLECTION, LLC AS -? ASSIGNEE OF CHASE CHASE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 09-5038 JAMES T GREGORY NOTICE OF INTENTION TO TAKE DEFAULT TO / PAPA JAMES T GREGORY 100 W GREEN STREET MECHANICSBURG PA 17055-6251 DATE OF NOTICE/FECHA DEL AVISO: August 28, 2009 IMPORTANT _ NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 'TO ENTER A V7P,ITTEN APPEARANCE PERS014ALLY 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 RI GHTS. 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 YOU WITH INFORMATION ABOUT HIEING A LAWYER.. OFFICE CAN PROVIDE C IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE PROVIDE YOU WITH INFORMATION ABOUT AG MAY BE ABLE TO ENIES ELIGIBLE PERSONS AT A REDUCED FEE OR N OCFEE THAT MAY OFFER LEGAL SERVICES TO CUMBERLAND COUNTY BAP, ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY FP.EDEPIC! WSINBEP.G, ESQUIRE P10D-2 JOEL M. ?`yLINK, ESQUIRE FILED-- :,i= (3' OF THE 2009 SE' 23 Pl 1: 28 $ 4. co Po AITY e?-a q 5'f ?T? a3og39 f NC034108 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 F. Hector Street; Ste 220 Conshohocken, PA 19428 484/351-0500 PALISADES COLLECTION, LLC AS ASSIGNEE OF CHASE CHASE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. JAMES T GREGORY 100 W GREEN STREET MECHANICSBURG PA 17055-6251 DOCKET NO. : 09-5038 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 $15,066.03 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 PRO ONOTARY 9 1s 1()?