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Home My WebLink About10-7165 a 2072064 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 NATIONAL CREDIT ADJUSTERS, LLC AS ASSIGNEE OF HSBC PO Box 3023 HUTCHINSON, KS 67504 vs. RYAN MCCLINTOCK 63 MEADS DR CARLISLE PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY .. , ^' :. ~r J """ `'~ DOCKET N0. I~ = ~ ~ ~S t-~~ ` `~ ~ ~~ ,r.~~ ~ - J `~ `="' _-~. ~ .3 i ~~'v- r~ . :-~ . t..aa 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 ~v~ C CD~a~ ~,n'~ ~31'1~\ ~,~~\ • 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 August 26, 2010 in the amount of $1,436.86. 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 3/24/08. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,436.86 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I WE NBERG, ESQUIRE JOEL M. F IN ESQUIRE Attorney r Plaintiff POlA. DB 2072064 I~H266225 NATIONAL CRBDIT ADJUSTERS, LLC A$ A88IGNEE OF HSSC RYAN MCCLINTOCR 51559800007250x3 YFRIFIC TION 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 ref~rexce in the foregoing Complaint in Civil Action era true sad correct tv the best of my knowledge, information sad belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of caunael and net of plaintiff. To the extent that the contexts of the Complaint era that of eaunsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.B. $4904 which provides for certain penalties for making false statements. i~ EXHIBIT "A" i9sa ao7ao64 BH266225 NATIONAL CREDIT ADJtTSTBRS, LLC AS ASSIGNB$ OF HSHC RYAN bICCLINTOCR 51559800007x5023 AFFIDAVIT I, _.~Q_tU 1 ~ ;a,rtz being duly served sworn according to law, depose and nay that: 1. i am the agent for the Plaintiff herein and I have custody sad control of the files relating to this accounts 2. I have personal knowledge of the facts and circumstances in ecuiaection with this case; 3. Plaintiffs files are maintained is the usual and ordinary course of business; 4. This action is based oa a claim for breach of contract and that damages are sought as a direct result of said breach= 5. Thee is now due sad oriag lraon defendant to plaintiff, the aawuat of $1,099.15 plas interest of $19.36 at the rate of 17$ less credits fn the emaunt of $.00 totaling $1,993.51 es of l~ovember 19, 7009. 6. If called upon, affiaat can testify at trial as to the facts pertaining to this matter. The above facts are true sad correct to the best of my knowledge, information sad belief. ~ h~ ~ AFFI Sworn to sad Subscribed before me this ~~^~ day of 2 009 IbTAAYPU~tIC - Sale d ~ VlCYnB L~iL ~ ~P/t bg.~ i~iotary pu c f;' a r,, t? + ?Yt SHERIFF'S OFFICE OF CUMBERLAND COUN160, Z' n , ? ? L O Ronny R Anderson iff -"<> m C' Sher ?$?ytitr 41 ?umbrrf? ??^ ??? Jody S Smith C - Chief Deputy Richard W Stewart a -.. > Solicitor OFFICE ')F THE SHERIFF ^??t National Credit Adjusters, LLC Case Number vs. Ryan McClintock 2010-7165 SHERIFF'S RETURN OF SERVICE 11/16/2010 07:51 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on November 16, 2010 at 1951 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ryan McClintock, by making known unto himself personally, at 63 Meade Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to hire personally the said true and correct copy of the same. SHERIFF COST: $33.40 November 17, 2010 RONALD HOOVER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (C) Coun'ySURO Sheriff. Teieosoft. Inc 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 FILED-OFFICE 2072064 OF THE PROTHONOTARY 2011 JAN -3 PM 3. 14 CUMBERLAND COUNTY PENNSYLVANIA NATIONAL CREDIT ADJUSTERS, LLC AS ASSIGNEE OF HSBC VS. RYAN MCCLINTOCK COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-7165 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended upon payment of your costs only. GORDON & WEINBERG, P.C. BY: FREDERIC INBERG, ESQUIRE JOEL M. F (?*N) ESQUIRE Attorney laintiff P003