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Home My WebLink About10-5067THIS IS AN ASSESSMENT 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 2087219 ARBITRATION MATTER. OF DAMAGES HEARING RE?IREbl--3 c,: W RAZOR CAPITAL, LLC 8000 Norman Center Dr., Bloomington, MN 55437 VS. KELLY ABERNATHY 903 SPRING CIR MECHANICSBURG PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10 _ 50V7 NOTICE a'tv-tk-kexM 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 s Oa.00 Po Al" c* lasloa Ic a ylo 196 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, RAZOR CAPITAL, LLC a debt buyer and successor in interest to the original creditor, PROVIDIAN BANK. 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 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 June 2, 2010 in the amount of $4,580.89. 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 8/31/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,580.89 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EIN G, ESQUIRE JOEL M. FLIN SQUIRE Attorney for Plaintiff POIP.DB 2087219 8P47550 RAZOR CAPITAL, LLC KELLY ABERNATBY 4031152600535359 VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts not 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. 54904 which provides for certain penalties for making false statements. 2327 2087219 8P47550 RAZOR CAPITAL, LLC KELLY ABERNATHY 4031152600535359 J _ AFFIDAVIT being duly served sworn according to law, ddepose an say that: 1. I am the agent 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; 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 $3,306.11 plus interest of $1,274.78 at the rate of 0% less credits in the amount of $.00 totaling $4,580.89 as of April 20, 2010. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correc to beat of information and belief. my knowledge, Sworn to and Subscribed before me this cf0 day of tL, 2010 Nota Tanya R. Ale= NOTARY PUBLIC State of Minnesota My Cai M-W E Wn 1- 31-2014 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 2o~s T -~ ~.'" 01~ C9 ~~yy y( ~ 4 jai 1~T RAZOR CAPITAL, LLC vs. KELLY ABERNATHY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 10-5067 PRAECIPE FOR BNTRY OF J[JDG~NT BY AGREE~NT TO THE PROTHONOTARY: Enter judgment by agreement for plaintiff and against defendant(s) KELLY ABERNATHY above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal 54,709.89 Total: $4,709.89 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. X4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: RAZOR CAPITAL, LLC and that the last known address of defendant, KELLY ABERNATHY, 903 SPRING CIR, MECHANICSBURG PA 17055. 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 ~~~~ pQ +-.~'`/ ten days prior to the date of filing of this praecipe. ~.~330R8 ~' ayq~sy l~o-hCe ~.c~ 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. AND NOW, this 'f'~' day of ~" 2010 Judgment By Agreement is entered in favor of the plaintiff(s) and against defendant(s).at the sum f, $4,7 9 9 as per the a ove certification. P othonotary , GORDON & WEIN/BER~G, P/. C . BY: ! /~ FREDERIC I W INBERG, ESQUIRE JOEL M. F N ESQUIRE Attorney r Plaintiff 2087219 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 RAZOR CAPITAL, LLC vs. KELLY ABERNATHY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-5067 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. Judgment by Agreement $4,709.89 f~[ Money Judgment $ ~ Judgment on Axard of Arbitrators$ ~ Judgment on Verda.ct$ 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 PRgTHONOTARY to js~io d 2087219 0 oe v 1'J r-~ ~A 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 RAZOR CAPITAL, LLC 8000 Norman Center Dr. Bloomington, MN 55437 vs. KELLY ABERNATHY 903 SPRING CIR MECHANICSBURG PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-5067 JLJDC~TT BY AGREE~BNT AND NOW, this rl ~ day of E~ q ?~-~~1~, 2010, it is h ereby stipulated and agreed to by andi pulated and d to by and between_I- KKELLY ABERNATHY his/her successors and assigns and Frederic I. Weinberg, Esquire, counsel for RAZOR CAPITAL, LLC that the Court enter a determination in the above-captioned case as follows: 1. Judgment shall be entered in the amount of Four thousand seven hundred nine dollars ($4709.89) in favor of RAZOR CAPITAL, LLC and against, KELLY ABERNATHY his/her successors and assigns; ?_. Plaintiff, RAZOR CAPITAL, LLC will agree to accept the sum of $200.OOper month from, KELLY ABERNATHY his/her successors and assigns. The first payment of $200.00 per month shall become due and payable on August 28, 2010 and then on the on the 28th of the month of every month thereafter until the Stipulated Judgment is paid in full; 3. In the event that KELLY ABERNATHY his/her successors and .` .` assigns do not make payments as prescribed in paragraph 2, they will be considered in default and the Plaintiff, RAZOR CAPITAL, LLC shall be allowed to exercise any and all remedies available at law. 4. The Parties to this action have authorized their respective counsel and agent to enter into this agreement on their behalf and by doing so this agreement will be binding on both that KELLY ABERNATHY his/her s~.~ccessors and assigns and, RAZOR CAPITAL, LLC its successors and assigns. Date : ~Q ! ` i Q (~ ~~1~ Date • 1, KELLY B THY Defendan .. FREDERIC I. W IN ERG, Esquire Attorney for intiff I.D. #41360 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2087219 The Law Offices of Frederic I Weinberg & Associates, 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 L '-u-0-r FHE PROTHC) 2a1 SEP 22 PH 2:53 CUMBERLAND COUNTY PENNSYLVANIA RAZOR CAPITAL, LLC vs. KATHY ABERNATHY TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-5067 ORDER TO SATISFY JUDGMENT Kindly mark the judgment entered October 5, 2010 in the above -captioned matter satisfied upon payment of your The Law Offices of Frederic & Associates, P. BY: P005 costs only. I. Weinberg Frederic Joel M. Attorney I/Weinberg, Esquire lfink, Esquire for Plaintiff 4450 Pa AThf 0,1lg80/ rt 311319