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HomeMy WebLinkAbout11-1017r 2097384 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE C Q -n Identification No.: 41360 D , _ `-- "f r JOEL M. FLINK, ESQUIRE -- r n Identification No.: 41200 cnr` ?m 1001 E. Hector Street, Ste 220 2 co C:) Conshohocken, PA 19428 484/351-0500 I-- ?.. w rn ADVANTAGE ASSETS II, INC. COURT OF COMMON PLEAS,A r} 7322 Southwest Freeway, CUMBERLAND COUNTY Houston, TX 77074 VS. DOCKET NO. : //- /017 l.luZ C-Fe" KEVIN J GUTSHALL 4228 CARLISLE RD GARDNERS PA 17324-9061 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, 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 .ov r -1 9a COMPLAINT IN CIVIL-ACTION 1. Plaintiff, ADVANTAGE ASSETS II, INC. a debt buyer and successor in interest to the original creditor, Citibank (South Dakota) N.A.. 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 11/19/10 in the amount of $10,415.05. 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 8/13/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $10,415.05 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. 104 BY: FREDERIC I. E BERG, ESQUIRE JOEL M. FLL , ESQUIRE Attorney for Plaintiff POIP.DB 2097384 *234322038 ADVANTAGE ASSETS II, INC. AS ASSIGNEE OF Citibank (South Dakota) N.A. KEVIN J GUTSHALL 6035320234322038 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. LEONARD PRUZANSKY, C90 EXHIBIT "A" ADVANTAGE ASSETS II, (South Dakota) N.A. KEVIN J GUTSHALL 6035320234322038 State of Texas County of Harris AFFIDAVIT 2097384 INC. AS ASSIGNEE OF Citibank I, LEONARD PRUZANSKY, CEO, being duly served sworn according to law, depose and 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. Plaintiff's files are maintained in the usual and ordinary course of business; 3. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 4. There is now due and owing from defendant to plaintiff, the amount of $10,415.05 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $10,415.05 as of November 1, 2010. 5. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. NAME : LEONARD PRU KY, CEO Sworn to and Subscribed before me this day of Lj()VQM?P-1112010 SAHAGUN Notary Public, State of Texas My Commission Expires Notary Public Rom SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff of l?«e p.?H? $i. 'O1(rteip{+?Fr?i, Jody S Smith Ti Chief Deputy j Richard W Stewart 2011 FES AM 9' 1 Solicitor CUMBERLA?4D I136 )4 -? PBW SY?,? I:F , f1 Advantage Assets II, Inc. vs. Case Number Kevin J. Gutshall 2011-1017 SHERIFF'S RETURN OF SERVICE 02/11/2011 09:20 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 11, 2011 at 2120 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kevin J. Gutshall, by making known unto himself personally, at 4228 Carlisle Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. VALERIE WEARY, DEPUTY SHERIFF COST: $48.24 February 14, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF .DON & WEINBERG, P.C.' FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 1942 484/351-0500 7- 7 2097 ADVANTAGE ASSETS II, IIC. VS. KEVIN J GUTSHALL TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-1017 Enter judgment by agreement for plaintiff and against defendant(s) KEVIN J G TSHALL above named only and assess damages certified to be calcul ble as a sum certain from the complaint, as follows: Principal $10,607.05 $10,607.05 Understanding the false statements made herein are subject to penalty under 18 Pa.C.IS.A. §4904, Unsworn Falsification to Authorities, I verifylthat: 1. The last kn wn addresses of the parties are: ADVANTAGE ASSETS II, INC. and hat the last known address of defendant, KEVIN J GUTSHALL, 4228 CARLIS E RD, GARDNERS PA 17324-9061. 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.?I Poo 1AJWi? be 3. The said defelndant(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 day of CirC , 2011 Judgment By Agreement is entered in favor of the plaintiff(s) and against defendant(s) at the sum of, $10,607.05 as per the above certification. Pror,Konptary GORDON & WEEIINNBEERGG,, P.C. BY: \ FREDERIC ONK INBERG, ESQUIRE JOEL M. FESQUIR E Attorney laintiff 2091384 GORDON & WEINBERG, P•C• WEINBE G, ESQUIRE BY: FREDERIC I• 41360 Identification No.: QUIRE JOEL M. FLINK, 41200 Identification No.: 220 1001 E. Hector Street Conshohocken, PA 19428 484/351-0500 ADVANTAGE ASSETS II, COURT OF COMMON PLEAS CUMBERLAND COUNTY INC. DOCKET NO. : 11-1017 VS. KEVIN J GUTSHALL NOTICE 236 of the Supreme Court of Pennsylvania, Pursuant to Pa.R.Ci •P• you are hereby notified that a judgment has been entered against you in the above p oceeding as indicated below. Judgment by Agreement $10,607.05 L_L Money Judgment $ L_L Judgment on Award of Arbitrators$ L-L Judgment on Verdict$ IF YOU HAVE ANY QUE TIONS CONCERNING THIS NOTICE, ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, HONE NUMBER: 484/351-0500 PLEASE CALL ESQUIRES AT THIS TELEP d- MI PROTHO 0 T Y 2097384 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 1360 JOEL M. FLINK, ESQUIRE Identification No.: 1200 1001 E. Hector Street, St 220 Conshohocken, PA 19428 484/351-0500 ADVANTAGE ASSETS II, INC. 7322 Southwest Freeway Houston, TX 77074 VS. KEVIN J GUTSHALL 4228 CARLISLE RD GARDNERS PA 17324-9061 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-1017 AND NOW, this day of 2011, it is hereby stipulated and agreed to by and between, KEVIN J GUTSHALL his/her successors and 4ssigns and Frederic I. Weinberg, Esquire, counsel for ADVANTAGE ASSETS II, INC. that the Court enter a determination in the above-captioned case as follows: 1. Judgment shall be entered in the amount of Ten Thousand Six Hundred and Seven Dollats and Five Cents ($10,607.05) in favor of ADVANTAGE ASSETS II, INC. and against, KEVIN J GUTSHALL his/her successors and assigns; 2. Plaintiff, ADVANTAGE ASSETS II, INC. , will agree to accept the sum of $10,607105 from, KEVIN J GUTSHALL his/her successors and assigns. The first payment of $100.00 per month shall become due and payable on February 28, 2011 and then on the last business day of every month thereafter until the Stipulated Judgment is paid in full; AL _ 3. In the event that KEVIN J GUTSHALL his/her successors and assigns do not make payments as prescribed in paragraph 2, they will be considered in default and the Plaintiff, ADVANTAGE ASSETS II, INC. shall be allowed to exercise any and all remedies available at law. 4. The Parties to his action have authorized their respective counsel and agent to enter into this agreement on their behalf and by doing so this agreement w4l be binding on both that KEVIN J GUTSHALL his/her successors and as igns and, ADVANTAGE ASSETS II, INC. its successors and assigns. l ll r Date: 4 ( 7-VIN J GUTSHALL efendant f Date: -31311 REDERIC I. W IN RG, Esquire ttorney for aintiff .D. #41360 001 E. Hector Street, Ste 220 onshohocken, PA 19428 84/351-0500