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Home My WebLink About11-77632112013 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUE GORDON & WEINBERG, P.C. rat .- ? BY: FREDERIC I. WEINBERG, ESQUIRE "' Identification No.. 41360 > Cam JOEL M. FLINK, ESQUIRE < Ci Identification No : 41200 > zc . 1001 E. Hector Street, Ste 220 o C= -- Conshohocken, PA 19428 484/351-0500 Main Street Acquisition Corp. P.O. BOX 2529, SUWANEE,GA 30024 vs. ALBERT PRESSLEY 1012 SWARTHMORE RD New Cumberland PA 17070-1707 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO 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 6-S) Fd? Qml a CA a C 1:559a--, COMPLAINT IN CIVIL-ACTION 1. Plaintiff, Main Street Acquisition Corp. a debt buyer and successor in interest to the original creditor, Washington Mutual Issuer of Washington Mutual Finance visa. 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)tae 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 7/21/11 in the amount of $10,922.65. 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 6/4/2010. WHEREFORE, plaintiff claims of the defendant(s) the sum of $10,922.65 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERI I. EINBERG, ESQUIRE JOEL M. L K, ESQUIRE Attorney for Plaintiff P01P.DB 2112013 11579062 Main Street Acquisition Corp. ALBERT PRESSLEY 4185860719168169 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. C NAME EXHIBIT "A" 2112013 Main Street Acquisition Corp. ALBERT PRESSLEY 4185860719168169 AFFIDAVIT I, )6" Obif being duly served sworn according to law, depose and sa that: 1. I am an affiant for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case and base this affidavit on Plaintiff's records, as well as the account information provided to Plaintiff Main Street Acquisition Corp. upon the purchase of debtor's account, which was issued by Washington Mutual Issuer of Washington Mutual Finance Visa. 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. There is now due and owing from defendant to plaintiff, the amount of $10,229.82 plus interest of $581.85 at the rate of 6% less credits in the amount of $.00 totaling $10,811.67 as of May 16, 2011. 6. 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. (jf AFFIANT NAME: U ( J Sworn to and Subscribed before me this dax.?``Q,G?NE PA fi,??' of 2011 f?fog p?G Notary Public oa?e?°' '•J..??? NoTAa? ???11111111110t \Q SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ? titer a1 L?a?i+Grrd440 OFF ;E OF e; , c tt ?;:.e l t tub P u .aJtJ°.€ j P NS\!" i ate Main Street Acquisition Corp. Case Number vs. Albert Pressley 2011-7763 SHERIFF'S RETURN OF SERVICE 10/25/2011 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: Albert Pressley, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Albert Pressley. Request for service at 1012 Swarthmore Road, New Cumberland, Pennsylvania 17070 the Defendant was not found. Deputies were advised, Albert Pressley has moved to Florida. SHERIFF COST: $50.00 SO ANSWERS, October 25, 2011 RbN01 R ANDERSON, SHERIFF (ci CountySuite Shentf. Teleosett. Inc. 2112013 The Law Offices of Frederic I Weinberg & Associates, 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 ,MALI -OFFICE filiEPROTHONOTAk'i 2014 SEP 15 PH 1: 52 CUMBERLAND COUNTY PENNSYLVANIA Main Street Acquisition Corp. vs. ALBERT PRESSLEY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-7763 CIVIL PRAECIPE TO WITHDRAW COMPLAINT TO THEPROTHONOTARY: Kindly withdraw the above -captioned action, prejudice. without The Law Offices of Frederic I. Weinberg & Associates, P.C. BY: Frederic I. erg, Esquire Joel M. Flink, Esquire Attorney for Plaintiff 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. Dated FREDERIC WEII�IBERG, ESQUIRE