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HomeMy WebLinkAbout11-69052112644 GORDON & WEINBERG, P.C. C-) BY: FREDERIC I. WEINBERG, ESQUIRE C -° Identification No.: 41360 zm C JOEL M. FLINK, ESQUIRE == C -C r- -um Identification No.: 41200 rnD o ;0t-1 1001 E. Hector Street, Ste 220 r- + -to Conshohocken, PA 19428 484/351-0500 _ C ? b VION HOLDINGS LLC COURT OF COMMON PLEAS< 400 Interstate North Pkwy, CUMBERLAND COUNTY THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Atlanta GA 30339 VS. DOCKET NO : //- 00,,r- (/?,Z7.w-7 BECKY DECHENE 356 SAWMILL RD NEWVILLE PA 17241 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 /1 .1 0 - 7-1-&0 pd ot c? r3?83 26 V;-! COMPLAINT IN CIVIL-ACTION 1. Plaintiff, VION HOLDINGS LLC a debt buyer and successor in interest to the original creditor, HSBC BANK NEVADA NA. 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 August 16, 2011 in the amount of $1,084.08. 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 9/13/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,084.08 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 2112644 VION HOLDINGS LLC BECKY DECHENE 2116040900273809 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. MARIA SELAGEA EXHIBIT "A" 2112644 VION HOLDINGS LLC BECKY DECHENE 2116040900273809 State of Georgia § County of Cobb § AFFIDAVIT that: I, MARIA SELAGEA, being duly served sworn according to law, depose and say 1. I am an authorized representative of Vion Holdings, LLC which is the record holder for VION HOLDINGS LLC with full authority to make this Verification on behalf of VION HOLDINGS LLC. Plaintiff the current owner of, and successor to, the obligation sued upon, and was assigned all the rights, title and interest to defendant's account as assigned to Vion Holdings, LLC by the original creditor or its assignee; 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 $1,084.08 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $1,084.08 as of 7/7/11. 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. MARIA S, OPERATIONS MANAGER Notary Publ r % 'OI?gUG '-1.- y /?rF , 20 20.0 '' ,CouNiii? Z Sworn to and Subscribed t before me this Z day SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 1 %1)-0F S vi Jody S Smith Chief Deputy Richard W Stewart Solicitor 2311 PICT -3 AM 9: 51 'CUMBERLAND PENNSYLVA, 1A Vion Holdings, LLC vs. Becky K. Dechene Case Number 2011-6905 SHERIFF'S RETURN OF SERVICE 09/27/2011 10:45 AM - William Cline, Corporal, who being duly sworn according to law, states that on September 27, 2011 at 1045 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Becky K. Dechene, by making known unto herself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. WILLIAM CLINE, DEPUTY SHERIFF COST: $40.00 September 28, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ,c't GountySuite Shervf. 7e;e .soft P-1