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HomeMy WebLinkAbout11-25182103948 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING 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 Global Acceptance Credit Company LP assignee of CashCall Inc. 5850 WEST I-20, SUITE 100 Arlington TX 76017 Vs. REQUIRED. r-n I ©z; G . -? r N vp -n ?C? -0 (:) 7a c? c, ? ?'? COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11--D'619 `-' I 02pr&&- TROY E MYERS 8 PINE RD MOUNT HOLLY SPRINGS PA 17065 COMPLAINT IN ASSUNW3IT s 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. s CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 _ (717) 249-3166 Q"`? ? q a. oa ?l °'? #a.5ssyo 1. Plaintiff is a debt buyer and successor in interest to the original creditor as set forth in the caption of this Complaint. 2. The defendant, for valuable consideration received, executed and delivered to plaintiff a promissory note under the terms of which the defendant promised to pay to the plaintiff consecutive monthly payments under the terms and conditions set forth in the promissory note. A true and correct copy of the aforesaid promissory note or Affidavit of Account, if available, is attached hereto, made a part of this complaint and marked Exhibit "A". 3. Contrary to the terms of the aforesaid promissory note, the defendant failed to make the required payments when due as a result of which the unpaid balance of $2,582.22 became due and payable. 4. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due as of January 27, 2011 in the amount of $2,582.22. 5. 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. 6. Defendant's last payment on account was made on 4/3/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,582.22 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, S IRE JOEL M. FLIN , ESQUIRE Attorney for Plaintiff POIC.DB Global Acceptance Credit TROY E MYERS DEBTOR NAME 669339 Account # 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. NAME: ) X "Oo ERHIBIT "A" t STATE OF TEXAS COUNTY OF TARRANT 'A L1 Z1TT1'A lTTT Shaine Cauthon, being duly sworn, deposes and says: 1. I am the Legal Manager of GLOBAL ACCEPTANCE CREDIT COMPANY, L.P. which is a partnership organized and existing under the laws of the State of Texas. 2. I have knowledge of the facts herein set forth and am duly authorized to make this Affidavit; that the claim against TROY E MYERS is within my knowledge and is just, true and correct and that all just and lawful offsets, payments and credits have been allowed. 3. There is now due plaintiff from said debtor the sum of $2,582.22 plus interest and other fees as allowed by law and/or agreement. 4. To the best of my knowledge the Defendant is not now in the military service, as defined in the Soldier's and Sailor's Civil Relief Act of 1940 with amendments, nor has been in such service within thirty days hereof. 5. Demand for payment was made on the debtor more than thirty days prior to the making of this Affidavit, for the amount due on the Account; such not been paid by the debtor. AFFIANT Sworn to and subscribed to before me this Day of J Wt A 2ftit, 2011 Z & d. ( I:eZ Notary Public GACC#669339-1 ry r+ Original Account No: 1168239 GACC Tax Id #56-2559256 " , . ;+ +;5 MyC 9 J 11,E 1 STA Rev: 070724 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff at Climb, Jody S Smith Chief Deputy Richard W Stewart Solicitor Global Acceptance Credit Company, LP Case Number vs. Troy E. Myers 2011-2518 SHERIFF'S RETURN OF SERVICE 03/16/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Troy E. Myers, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Assumpsit as not found as to the defendant Troy E. Myers. Request for service at 8 Pine Road, Mount Holly Springs, Pennsylvania 17065 the defendant was not found. The Mount Holly Springs Postmaster has confirmed, Troy E. Myers has moved and left no forwarding address. SHERIFF COST: $40.44 SO ANSWERS, .w ?I March 16, 2011 RON R ANDERSON, SHERIFF Ic; Court-,;Suite Snenff, Teleosu`t. h%. , L l 2103948 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 P11 1: f i . . I E= E ?i i?N(? CCU $ E 'i Global Acceptance Credit Company LP assignee of CashCall Inc. VS. TROY E MYERS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-2518 PRAECIPE TO WITHDRAN COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC I.N-W-E"INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P006 s CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to withdraw Complaint to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. F DE I. WEINBERG, ESQUIRE Dated ( (( 1(2,--