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Home My WebLink About09-6662n 2064353 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 NORTH STAR CAPITAL COURT OF COMMON PLEAS 600 Broadhollow Road, Melville, CUMBERLAND COUNTY NY 11747 VS. DOCKET NO. : CR- (oco(oa OA-vit (arm DANIEL J GARRISON 313 W SHADY 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, 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 I c COMPLAINT IN CIVIL-ACTION 1. Plaintiff, NORTH STAR CAPITAL a debt buyer and successor in interest to the original creditor, CAPITAL ONE. 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". S. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due as of August 21, 2009 in the amount of $2,304.37. 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 2/18/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,304.37 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. Eil I., ERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff POIP.DB 2064353 1005185644 North Star Capital Acquisition DANIEL J GARRISON 5291151751763325 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 Kristen i=ieischauer EXHIBIT "A" 2064353 NORTH STAR CAPITAL ACQUISITION, LLC DANIEL J GARRISON 5291151751763325 State of New York § County of Erie § AFFIDAVIT I,KriSten Fleischauer , being duly served sworn according to law, depose and say that: 1. I am employed as the legal outsourcing clerk 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 and base this affidavit on Plaintiff's records, as well as the account information provided to Plaintiff by CAPITAL ONE when CAPITAL ONE sold the account to North Star Capital Acquisition, LLC. 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 $1,649.53 plus interest of $642.10 at the rate of 6% less credits in the amount of $.00 totaling $2,291.63 as of July 5, 2009. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the b st of my knowledge, information and belief. . AFFIANT Sworn to and Subscribed before me this -7 * day of 2009 r- -U Notary Public Vera L Mercur10 Notary Public State of NewYork ,tegistration # 01 ME6194486 )ualified in Eric Count My commission ExpiresSeptember29,2u-h? 0 H ED--G)Fr- GE Or TH- PP"OT ' ,.;OTARY 7009 OCT -6 PI I !' 5 V * #18.5 o PO ATT-/ et-K 88(ola R3* AN 5128 Sheriffs Office of Cumberland County R Thomas Kline ALED-1 ` ' fi=1,, Sheriff OF Tf ? {'; ;, - f-tr'; ,I- .?.T /-py vs[ Ronny R Anderson 2004 OCT _g Phi ?• 35 Chief Deputy Jody S Smith r'?F Civil Process Sergeant r 1 ?tr. Edward L Schorpp Solicitor North Star Capital vs. Daniel J. Garrison SHERIFF'S RETURN OF SERVICE Case Number 2009-6662 10/08/2009 04:40 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 8, 2009 at 1640 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Daniel J. Garrison, by making known unto himself personally, at 313 W. Shady Lane Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing tc him personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS, eaeOV4004 40 -- f, October 09, 2009 R THOMAS KLINE, SHERIFF L A041o, Deput heriff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff K' ?? n F ^ r? ' Jody S Smith 7 _. a ?:. !?.. . Chief Deputy 011 FEB -6 A 9. 5" Richard W Stewart Solicitor ? UBERi Ai` "It J. i North Star Capital vs. Case Number Daniel J. Garrison 2009-6662 SHERIFF'S RETURN OF SERVICE 02/03/2011 02:05 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2011 at 1401 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Daniel J. Garrison, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Mary Wheeler, 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 February 4, 2011 to Daniel J. Garrison, 313 W Shady Lane, Enola, PA 17025. SO ANSWERS, February 04, 2011 RON R ANDERSON, SHERIFF Noah Cline, Deputy 9° ?I r u°Ll # L 2064jt..3.g'4iE' PROTHONOTARY ? 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 2011 FEB 23 AM 8: 14 CUMBERLAND COUNTY PENNSYLVANIA NORTH STAR CAPITAL ACQUISITION, LLC VS. DANIEL J GARRISON and Metro Bank Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-6662 PRAECIPE TO DISSOLVE ATTACffi4ENT 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: FREDERIC I. W INBER , ESQUIRE JOEL M. FLINK, ES IRE Attorney for Plaintiff Poll 06 Fd chyy ? ?? 807 rz?a??a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?a,??ta 4t ?rritrGrp???? Jody S Smith Chief Deputy ' Richard W Stewart Solicitor OFFICE -!-ERIFF FILED-OFFICE OF THE PROTHONOTARY 2011 AUG 23 PM 3= 51 CUMBERLAND COUNTY PENNSYLVANIA North Star Capital Case Number S. 2009-6662 Daniel J. Garrison SHERIFF'S RETURN OF SERVICE 02/03/2011 02:05 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2011 at 1401 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Daniel J. Garrison, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Mary Wheeler, 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 February 4, 2011 to Daniel J. Garrison, 313 W Shady Lane, Enola, PA 17025. 08/22/2011 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: $76.79 SO ANSWERS, August 22, 2011 RON R ANDERSON, SHERIFF CO Pd Cl" 5 Z) t ? x,61. (e) .,ouniySuite Sheriff, Teieosoff Inc