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HomeMy WebLinkAbout10-5150 NC034407 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE t-3 Identification No.: 41360 - `- 1 -71 JOEL M. FLINK, ESQUIRE c_ Identification No.. 41200 1001 E. Hector Street, Ste 220 Uy Conshohocken, PA 19428 484/351-0500 -' PALISADES COLLECTION, LLC ASSIGNEE OF FIRST USA 210 SYLVAN AVENUE ENGLEWOOD CLIFF 07632 Vs. GARY D WOLFE 1491 SIMPSON FERRY RD NEW CUMBERLAN PA 17070-1572 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10 - .51!50 a%Vt 1 Term 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 0 S 44a.oo PQ AT"r1 0-p la(0511 p'v 0-IL/ 63(0s 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 April 13, 2010 in the amount of $12,626.99. 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 11/5/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $12,626.99 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC WWEE BERG, ESQU IRE JOEL M. SQUIRE Attorney intiff P01A.DB NC034407 4417121162322732 PALISADES COLLECTION, LLC ASSIGNEE OF FIRST USA 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. NC034407 4417121162322732 PALISADES COLLECTION, LLC ASSIGNEE OF FIRST USA VS. GARY D WOLFE Plaintiff, Defendant. Docket# AFFIDAVIT I, Ana ftnandez , being of full age, hereby certify as follows: 1. I am more than 18 years of age and am competent to make this affidavit. 2. I am employed by plaintiff, PALISADES COLLECTION, LLC ASSIGNEE OF FIRST USA as a custodian of records for the records and facts at issue. 3. I am familiar with all of the facts and circumstances in connection with this case and have been authorized to make this certification in the above referenced case. 4. In the ordinary course of business and as a regular business practice, PALISADES COLLECTION, LLC ASSIGNEE OF FIRST USA `s employees or representatives with knowledge of the accounts compile business records memorializing account activity and transactions at or near the time they occur. 5. Entries in the files and business records of Plaintiff are made contemporaneously with transactions in order to preserve the accuracy of the transaction. 6. Plaintiff's files and business records are maintained by PALISADES COLLECTION, LLC ASSIGNEE OF FIRST USA . 7. I have custody and control of the files and business records relating to this account. 8. There is now due and owing from defendant to plaintiff, the amount of $8,638.18 plus interest of $3,889.41 at the rate of 6% less credits in the amount of $.00 totaling $12,527.59 as of February 2, 2010. 9. The documents attached to this affidavit, if any, are true and accurate copies of business records regarding the Defendant's account. 10. Upon information and belief, the Defendant is not now, nor has been within 30 days hereof, in the military service of the United States as defined in the Service members Civil Relief Act as amended nor an infant, incompetent, under mental defect or infirm. 11. Defendant is entitled to no known valid defenses, setoffs or counterclaims, and further states that written demand was made upon the Defendant. I affirm under the penalty of perjury-,that the a_b9ve facts are true and correct. Sworn to and SubscriT ed before me this 2-b d of II rlo-{G?eo 0 Notary Public 1 "MIT4IM PN STONE JJG STATE OF NEW JERSEY MV ; ;N UX AES. JAM 19.2012 EPM cr-- . ?1 4K 0 F ,Xg,?T ) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R AndersonflLoED-~~.~ ~~ .4JF ?}ir. ~ ~ .~:. t . . Sheriff r Jody S Smith ~4~,titr of ~~~t~+~P~~~~~ Chief Deputy , u~, Richard W Stewart ~ CUIv43~hi.,~~1J %;~~jjY Solicitor c~F~cE ~'~ -He >~~aiFF PENIwSYLVA(~A Palisades Collection, LLC Case Number vs. Gary D. Wolfe 2010-5150 SHERIFF'S RETURN OF SERVICE 08/18/2010 04:30 PM -William Cline, Corporal, who being duly sworn according to law, states that on August 18, 2010 at 1630 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gary D. Wolfe, by making known unto Violet Ward, adult in charge at 1491 Simpson Ferry Road, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. '~ ILLIAM CLINE, DEPUTY' SHERIFF COST: $43.30 August 26, 2010 SO ANSWERS, ,,, ~~. RON r R ANDERSON, SHERIFF (c; CountySuite Sheriff. Teleosoft, Inc. 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 NCO3~~7~~ r kCc 4~ i °~i~ '~;Q i NCt~O i~~'3` 2~ID;~uT l2 Psi 1~ Z~ Cl~~i~~i~LAf~lD CaU~T~° ~E~~~~SYLV~t~lA PALISADES COLLECTION, LLC ASSIGNEE OF FIRST USA vs. GARY D WOLFE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-5150 PRAECIPE FOR ENTRY OF JUDGML+'1~iT FOR NAriT OF AN ANSfiER ASSE3SM~iT 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 $12,626.99 Less: Payments on Account ( $.00) Total: $12,626.99 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: PALISADES COLLECTION, LLCASSIGNEE OF FIRST USA and that the last known address of defendant, GARY D WOLFE, 1491 SIMPSON FERRY RD, NEW CUMBERLAN PA 17070-1572. 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. 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.. 1 AND NOW, this ~ day of ~~-- 2010 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $12,626.99 as per the above c~ ication. f Pro y GORDON & WEINBERG, P.C. BY: " FREDERIC W INBERG, ESQUIRE JOEL M. F , ESQUIRE Attorney for Plaintiff ~~ti.oo~i a A~f c~ i~ai7 ~~ ~14so~ Nt?FC~ /N3 c L4~ n NC034407 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 PALISADES COLLECTION, LLC ASSIGNEE OF FIRST USA vs. GARY D WOLFS 1491 SIMPSON FERRY RD NEW CUMBERLAN PA 17070-1572 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-5150 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. fR1 Judgment by Default $12,626.99 ~ Monsy Judgment $ ~ Judgment on Award of Arbitrators$ ~ 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 PROT A /UI ~ ~.~ t o GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 91360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, "PA 19428 989/351-0500 NC034407 PALISADES COLLECTION, LLC ASSIGNEE OF FIRST USA vs. GARY D WOLFE TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-5150 NOTICE OF INTENTION TO TAIL; DEFAULT GARY D WOLFE 1491 SIMPSON FERRY RD NEW CUMBERLAN PA 17070-1572 DATE OF NOTICE/FECHA DEL AVISO: September 8, 2010 II~ORTANT NOTICE YOU ARE IIQ 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) 299-3166 GORDON & WEINBERG, P.C. BY: ~/ FREDERIC W BERG, ESQUIRE JOEL M. ~` INK, ESQUIRE PLOD-2