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HomeMy WebLinkAbout10-12052057148 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 Collins Financial Services, Inc. as Assignee of HSBC Bank Nevada, N.A. HSBC - Ameritech 2101 West Ben White Blvd Austin, TX 78704 VS. KIMBERLY BANZHOFF 632 DEVON RD CAMP HILL PA 17011 ASSESSMENT OF -n 2 _7 _ N -r rn `-, - cn w COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 16 -120,S 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 ?42.00"IL F}?-? f e;op 48?s? ?o8?ri3 '?? a 3yg?9 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)tae 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 or Affidavit 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 30, 2009 in the amount of $2,120.34. 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. I 1k 7. Defendant's last payment on account was made on 5/17/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,120.34 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERI I. INBERG, ESQUIRE JOEL M. F K, ESQUIRE Attorney for Plaintiff P01A.DB 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. 44904 which provides for certain penalties for making false statements. Name C ??d? l?? A.I fJ??.? 1854 Collins Financial Services, Inc. PLAINTIFF VS. KIMBERLY BANZHOFF DEFENDANT State of Texas County of Travis 2057148 § AFFIDAVIT The undersigned, being duly sworn, states the following: I am a custodian of the records for the plaintiff and in that capacity I make this affidavit. 2. I am familiar with the books and records of the plaintiff, and the books and records pertaining to the account which is subject matter of this action are maintained under my supervision and control, are kept in the ordinary course of business, and the entries made in those records are made at or near the time that the transactions reflected in those records occur. 3. Plaintiff purchased/was assigned this account from HSBC Bank Nevada, N.A. HSBC - Ameritech and/or its assigns, in the name of KIMBERLY BANZHOFF with account number 5408010001626379. 4. At the time of purchase/assignment of the subject account, the data from the records of the original creditor were loaded into the plaintiff's computer system. Following the initial entry of data, all subsequent entries into the the plaintiff's system were made at or near the time of the events that they describe. 5. The books and records of the plaintiff indicate that there is justly due and owing by the KIMBERLY BANZHOFF as of April 17, 2009, the sum of $2,120.34 plus interest at the rate of 0%for a total balance due in the amount of $2,120.34. 6. To the best of my information and belief, KIMBERLY BANZHOFF is a resident of CAMP HILL PA 17011 and is neither an infant nor incompetent. The foregoing matters are, to the best of my information and belief, true and correct. ev? AFFIANT At l A:LKc Sworn to and subscribed before me this Day of , 2009. J ?aY"?a\LENORAKATHLEENSTELTER ** NOTARY PUBLIC STATE OF TEXAS : -`y COMMISSION EXPIRE 9: Notary Public, State ?ofexas 'f°fs?4r. 03-29-20 I 1 My Commission Expires: sssxxrsxs: - Ref. No. 7291534 SHERIFF'S OFFICE OF CUMB Ronny R Anderson Sheriff Jody S Smith '~°~~~~~~ at ~"ti~t~t~~r~a~~ Chief Deputy _ Edward L Schorpp Solicitor ~F~ . _ ~.~~;,~~ ~ERLAND COUNTY ~)~ ~ NARY 2010 MAR -3 AM 9:42 CUMB~F;.,~~~u i.~?UN~'Y ~!9'~.YANlA Collins Financial Services, Inc. vs. Kimberly S. Banzhoff Case Number 2010-1205 SHERIFF'S RETURN OF SERVICE 02/25/2010 05:40 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 25, 2010 at 1740 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kimberly S. Banzhoff, by making known unto Michael Over, Husband of defendant at 632 Devon Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWE February 26, 2010 RON ANDERSON, SHERIFF Q Deputy hart f ';ci i;cun 'Suitr.: ~t?erY., ir;e~~sort. In;;. f ~ 2057148 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 Collins Financial Services, Inc. as Assignee of HSBC Bank Nevada, N.A. HSBC - Ameritech vs. KIMBERLY BANZHOFF 632 DEVON RD CAMP HILL PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-1205 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 $2,120.34 ,~ Money Judgment $ /~, Judgment on Award of Arbitratora$ ~ 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 y - A / ~.~'~/ V PROTHONOTARY 'S~/~~/0 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 2057148 Collins Financial Services, r^~-' COURT OF COMMON PLEAS ~ o =T=; Inc. as Assignee of HSBC Bank _ CUMBERLAND COUNTY ^~~~~` ~'' ~-i Nevada, N.A. HSBC - Ameritech ,-, =~~ 1, -- N T y-~ ' ~~ _r ~ vs. -_ DOCKET N0. 10-1205 r> _~. ~' , :; KIMBERLY BANZHOFF :~ ~. `~' ~,:. '{ PRAECIPE FOR ENTRY OF JIJD(~ENT 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 $2,120.34 Less: Payments on Account ( $.00) Total: $2,120.34 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: Collins FinancialServices, Inc. as Assignee of HSBC Bank Nevada, N.A. HSBC - Ameritech and that the last known address of defendant, KIMBERLY BANZHOFF, 632 DEVON RD, CAMP HILL PA 17011. 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. ~~~'~ FO ~~ C~ li s~s~ 3. The said defendant (s) is (are) not in the military P.~d4o33o 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. ~of,ee ~( AND NOW, this _ /~'~ day of ~ 2010 Judgment is entered in favor of the plaintiff(s) nd against defendant(s) by default for want of an answer and damages assessed at the sum of , $2,120.34 as per the above ification. Pr otary GORDON & WEINBERG, P,,C. BY : ~ / FREDERIC I ~WEINBERG, ESQUIRE JOEL M. L NK, ESQUIRE Attorne for Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 91200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 4841351-0500 2057148 Collins Financial Services, Inc. as Assignee of HSBC Bank Nevada, N.A. HSBC - Ameritech vs. KIMBERLY BANZHOFF COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-1205 NOTICE OF INTENTION TO TAIL DEFAULT TO/PARA . KIMBERLY BANZHOFF 632 DEVON RD CAMP HILL PA 1701 I DATE OF NOTICE/FECHA DEL AVISO: March 18, 2010 II~ORTANT 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: FREDERIC) E.NBERG, ESQUIRE JOEL M. LINK, ESQUIRE P10D-2 2057148 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 ~ Collins Financial Services, Inc. as Assignee of HSBC Bank Nevada, N.A. HSBC - Ameritech 2101 West Ben White Blvd Austin, TX 78704 ~ vs. KIMBERLY BANZHOFF 632 DEVON RD CAMP HILL PA 17011 and PNC Bank 105 Noble Blvd. Carlisle, PA 17013 ~ GARNISHEE CUURT OF COMMON PLEAS CUMBERLAND COUN Y DOCKET N0. 10-{1205 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against RII~ERLY BANZHOFF defendant (s)and (2) against PNC Bank garnishee(s) (3) AMOUNT DUE $2,120.34 INTEREST from April 12, 2010 $311.26 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account ( $.00) TOTAL FREDERIC I. WEI BERG, ESQUIRE JOEL M. FLI K ESQUIR Attorney for Plaintif ~ C n.~ ~, ~. ._`, zrn ~ ~ © -c `mo't=- -v r ~„ ~ ~ ~ Q ~--z y+a ~~ -p ~ 3 ~` ~~ -i w ~~' ' ~ . .:; s. `J -9.00 PD A~ ~{ 1.50 ~8F 9a.oo N /~{. oo a .so " 179. AO - PA Ar`1~ ~a.a5 .Du~~ ' S0 LL e~~~~~09 2#a83y87 ~~~~ .. __,. _.__... __ __ _.. _.. _ _ _. _ __.. ... _ _. _.. _{ _... r.. ..__ _ _. WRIT pF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-120 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COLLINS FINANCIAL SERVIC~S, INC., as ASsignee of HSBC BANK NEVADA, N.A. HSBC - AMERITECH, Plaintiff (s) From K,ZMBERLY BANZHOFF, 632 Devon Rd, Camp Hill, PA 17011 '', (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upo~ in the possession of GARNISHEE(S) as follows: PNC BANK, 105 No61e Blvd, Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnis eels) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any p operty of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is fou~ in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/s a has been added as a garnishee and is enjoined as above stated. Amount Due $2,120.34 L.L. $.50 Interest from 4/12/10 -- $311.26 Atty's Comm % Due Frothy $2.25 Atty Paid $179.00 Other Costs Plaintiff Paid Date: 11/Z6/12 (Seal) REQUESTING PARTY: Name : FREDERIC I. WEINBERG, ESQUIRE Address: GORDON &WEINBERG, P.C. 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 J SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff S p 'R V I t 1W,4 0 Ttlt3 t Jody S Smith ' Chief Deputy 2313 AUG 30 AN 10; 2 w Richard W Stewart Solicitor 0MCEOFTV s�E���r CUMBERLAND.COU?4T PENNSYLVANIA Collins Financial Services, Inc. Case Number vs. Kimberly S. Banzhoff 2010-1205 SHERIFF'S RETURN OF SERVICE 12/04/2012 10:32 AM-William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 4, 2012 at 1032 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kimberly S/Banzhoff, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, by handing to Susan Casale, Branch Financial Sales Consultant, 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 December 6, 2012 to Kimberly Banzhoff at 632 Devon Road, Camp Hill, PA 17011. 08/29/2013 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: $88.38 SO ANSWERS, August 29, 2013 R-ONO R ANDERSON, SHERIFF a �S- (c)CountySuite Sheriff,Teleosoft,Inc.