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HomeMy WebLinkAbout09-7141 2063388 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 s PALISADES COLLECTION, LLC 600 Broadhollow Road, Melville, NY 11747 VS. DALE E MORTON 546 MOUNTAIN RD BOILING SPRINGS PA 17007-9515 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO c9-71 VI cN.'l 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 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, PALISADES COLLECTION, LLC a debt buyer and successor in interest to the original creditor, AT&T WIRELESS. 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 merchandise 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 October 9, 2009 in the amount of $1,844.11. 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 7/27/06. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,825.42 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I WE BERG, ESQUIRE JOEL M. FL N ESQUIRE Attorney for Plaintiff POIP.DB 2063388 5288198 PALISADES COLLECTION, LLC DALE E MORTON 015900002203281577 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. /lua/a al-?- Mr EXHIBIT "A" 2063388 PALISADES COLLECTION, LLC DALE E MORTON 015900002203281577 State Of New Jersey County of Bergen I and s y hat: AVV D- AVI_T being duly served sworn according to law, depose l• I am employed as the le al herein and I have cloyed g Outsourcin tody and control Of the filegscrellerkatifor the Plaintiff 2• I have personal knowledge f the facts g to this account; connection with this case and base this affidavit and well as the account information Provided o circumstances in AT&T WIRELESS Sold the account to PALISADES t COLLECTION f LPba111t] ff' S records, as y AT&T WIRELESS when 3• Plaintiff's files are maintained in c of business; the usual and ordinary course 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 $.00 totaling $1,821 92 $401.04 at the rate of Plaintiff, the amount of as of Jul 6% less credits in the amount y 6, 2009. of 6. If called upon, affiant can testify at trial as t pertaining to this matter. o the facts The above facts are true and correct to the best of m k, information and belief. y nowledge, FFIANT Sworn to and Subscribed before me this r\d day 00.x'1 r ?t Public 40 Y ? US eta* V. DS FILED ,:;:? ;F 07- rH= ', AP 2004 OCT 19 PH 2: 13 LV ily a-fY Sheriff s Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ~$~~rti,,., of ~"airil~~,t.~~~~ {=" <<, _ - ~ . _ .: . ., - ~ ~ J .! ... ~ '~ .~ , ~~: '~,' Palisades Collection, LLC vs. Dale E. Morton Case Number 2009-7141 SHERIFF'S RETURN OF SERVICE 10/21/2009 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: Dale E. Morton, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Dale E. Morton. Current resident of 546 Mountain Road Boiling Springs, PA 17007 is the defendant's father, he advised Deputies that Dale E. Morton does not live at this address and he does not know where he currently resides. An exact address is not available. SHERIFF COST: $38.40 SO ANSWERS, October 21, 2009 ~ R THOMAS KLINE H S ERIFF 1 2063388 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE ~...~ N tt Identification No.: 41360 ~ _ `~ JOEL M. FLINK ES UIRE Q _ -`' ~ Identification No.. 41200 . ~`='`~' -- ~ --~ ~-~~ , _ 1001 E. Hector Street, Ste 220 ~~~ ~ ~ ~ ~ 2 =-~~ r~ Conshohocken, PA 19428 ,-~ ~~. ~'r ~ --~r.~ 484/351-0500 w c~ ~~' -- © :~ ,-.. c~ PALISADES COLLECTION, LLC ~,:_ COURT OF COMMON PLEAS ~ ~~ ; „ -~? CUMBERLAND COUNTY vs. DOCKET N0. 2009-7141 DALE E MORTON PRAECIPE TO 1iITHDRA~P CO~LAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY• FREDERI WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P006 ~~ 1 CERTIFICATION Off' SERVICE I, FREDERIC I. ~PEINSERG, 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. FREDERIC I. BERG, ESQUIRE ~~ Dated `~(, ~ ~ J