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Home My WebLink About10-1596.J 2054399 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 Collins Financial Services, Inc. as assignee of World's Foremost Bank 2101 West Ben White Blvd Austin, TX 78704 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : ID -159to Carl Beaston 447 N PITT ST CARLISLE PA 17013-1946 C-) c 0 ? 'II t7 i ?G 1-71 l? 4... ? ? T? r = N T f 1 CO GNOTICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET O CARLISLE, PA 17013 s° (717) 249-3166 *qa. oo QA A x-098 x3/168383 R-4 023$5$(0 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. r 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 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 $1,518.97. 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. v 7. Defendant's last payment on account was made on 7/6/2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,518.97 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W ERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A.DB VERTFTCATION 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 foregoi.ng Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is ba.rnc_d 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 th=is verification. This verification is made subject to 18 Pa.C.S. 44904 which provides for certain penalties for making false statements. Name C,rdl Ch Ollpr?,?c, EXHIBIT "A" 1854 Collins Financial Services, Inc. PLAINTIFF VS. Carl Beaston State of Texas County of Travis 2054399 § AFFIDAVIT The undersigned, being duly sworn, states the following: 1. 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 World's Foremost Bank/ CARD and/or its assigns, in the name of Carl Beaston with account number 4300230038347904 - 4. At the time of purchase/assignment of the subject account, the data from the records of the original creditor were loaded into the plaintiffs computer system. Following the initial entry of data, all subsequent entries into the the plaintiffs 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 Carl Beaston as of April 17, 2009, the sum of $1,518.97 plus interest at the rate of 00/ofor a total balance due in the amount of $1,518.97. 6. To the best of my information and belief, Carl Beaston is a resident of CARLISLE PA 17013-1946 and is neither an infant nor incompetent. The foregoing matters are, to the best of my information and belief, true and correct. AFFIANT? Sworn to and subscribed before me this Day of .2009. .'qx•"•?? LENO? KATHLEEN STELTER NOTARY PUBLIC STATE OF TEXAS COMMISSION EXPIRES: \eot tE .= 03-29-2011 DEFENDANT otary Public, State of Texas, ` My Commission Expires: ` Ref. No. 7286724 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ?o?ltttr o1 ?uinbF?,??a t . j`. r-; - ?, -A.i? t Z 3c'?111 Ib loci 2 22 cuiv'jti- Collins Financial Services Inc i vs. Carl Beaston Case Number 2010-1596 SHERIFF'S RETURN OF SERVICE 03/11/2010 04:01 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2010 at 1559 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Carl Beaston, by making known unto himself personally, at 447 N. Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 March 12, 2010 GERALD WORTHINGTON PUTY SO ANSWERS, RON R ANDERSON, SHERIFF ici Coun'ySuite 5herff. Teieosoil Inc WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1596 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COLLINS FINANCIAL SERVICES, INC. AS ASSIGNEE OF WORLD'S FOREMOST BANK Plaintiff (s) From CARL BEASTON, 447 N PITT STREET, CARLISLE, PA 17013 (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 upon in the possession of GARNISHEE(S) as follows: PNC BANK, 105 NOBLE BLVD., CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$1,518.97 Interest FROM APRIL 26, 2010 - $210.00 Atty's Comm Atty Paid $170.90 Plaintiff Paid Date: SEPTEMBER 4, 2012 L.L. $.50 Due Prothy $2.25 Other Costs (Seal) REQUESTII`TG PARTY: Name : FREDERIC I. WEINBERG, ESQUIRE Address: GORDON &WEINBERG, P.C. 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 2054399 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 tt rt~~TFfigNf~TAi~~~ 2~ 12 SAP - ~ PM 3: 12 ~'~M;~LANa CQ~iNTY P~~t--rv~ ,.~ .__ Collins Financial Services, Inc. as assignee of World's Foremost Bank 2101 West Ben White Blvd Austin, 'TX 78704 vs. S s __ =_ ~_ Carl Beaston 447 N PITT ST CARLISLE PA 17013-1946 and PNC Bank 105 Noble Blvd. Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-1596 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 Carl Beaston defendant(s)and (2) against PNC Bank garnishee(s) (3) AMOUNT DUE $1,518.97 INTEREST from April 26, 201() $210.00 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account ( $.00) TOTAL ~.~~~' 00 a~ FREDERIC I . WE BERG, ESQUIRE ~~ •~~ "~ JOEL M . FLI , ESQUIRE ~ fr q 907• u<< Attorney for Plaintiff ly. ~o tr r~. ~ S ~~ ~, ~,so a•~.~ tea. , ~~~qp \ ~. Sdt~- Ck.~~~sa33 2~ a~~ ~~ ~~~ ~ a~ ~ ~~~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff I L E D 0 F F-i F 'T HE P R 0 T H 0 N Jody S Smith Chief Deputy APR -5 PM 3: 53 Richard W Stewart Solicitor OFFICE OF THE SHERIFF CUMBERLAND CWNT-Y PENNSYLVANIA Collins Financial Services Inc Case Number S. Carl Beaston 2010-1596 I SHERIFF'S RETURN OF SERVICE 09/17/2012 03:41 PM-William Cline, Deputy Sheriff,who being duly sworn according to law, states that on September 17, 2012 at 1536 hours, attached as herein commanded all goods, chattels, rights,debts, credits, and monies of the within named defendants, to wit: Cad Beaston, 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,Teller, 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 September 18, 2012 to Carl Beaston, at 447 N Pitt Street, Carlisle, PA 17013-1946. 04/05/2013 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: $88.40 SO ANSWERS, April 05, 2013 RONR?R ANDERSON, SHERIFF tke q0 3) L'e;-![WV00 ',)Gounty u:1,eSI)entfAeIeoscft,Inc t ° WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-1596 Civil COUNTY OF CUMBERLAND) �, CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due COLLINS FINANCIAL SERVICES,INC.AS ASSIGNEE OF WORLD'S FOREMOST BANK Plaintiff(s) From CARL BEASTON,447 N PITT STREET,CARLISLE,PA 17013 (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 upon in the possession of GARNISHEE(S)as follows: PNC BANK, 105 NOBLE BLVD.,CARLISLE,PA 17013 and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$1,518.97 L.L.$.50 Interest FROM APRIL 26,2010-$210.00 Atty's Comm % Due Prothy $2.25 Atty Paid $170.90 Other Costs Plaintiff Paid Date: SEPTEMBER 4,2012 11, Azl- (Seal) By: D puty REQUESTING PARTY: Name: FREDERIC I.WEINBERG,ESQUIRE Address: GORDON&WEINBERG,P.C. 1001 E.HECTOR STREET,SUITE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone:484-351-0500 �, tM,CWY�RECORD +y.WOf,!here unto set my hand Supreme Court ID No.41360 and the seatof said Court C�a�r►is�e, Pa. This —day of_ 2= `-`20-L°�