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HomeMy WebLinkAbout11-7768THIS IS AN ASSESSMENT 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 L? rnM r r ?- C) X c? =-a r,-,3 w -xa Main Str P. 0. BOX 30024 EUGENE E 350 PINE Gardners eet Acquisition Corp. 2529, SUWANEE,GA Vs. FAILOR GROVE RD PA 17324-8947 NOTICE 2113032 ARBITRATION MATTER. OF DAMAGES HEARING REQUIRED. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. y w-a c (1--n 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 a?$gaApdo1? cL *-1s a7 v? P-9-abs s?t? $ 1 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, Main Street Acquisition Corp. , is a debt buyer and successor in interest to the original creditor, HSBC BANK NEVADA NA Issuer of Union Privil. Plat. MasterCard. 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 October 10, 2011 in the amount of $7,647.52. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due but the def.endant(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 03/31/2010. WHEREFORE, plaintiff claims of the defendant(s) the sum of $7,647.52 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FRE,DE C I. WEINBERG, ESQUIRE JOEL INK, ESQUIRE Attorney for Plaintiff POIP.DB 2113032 11099817 Main Street Acquisition Corp. EUGENE E FAILOR 5407070012604527 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. EXHIBIT ":A" . L EUGENE E FAILOR 5407070012604527 2113032 Main Street Acquisition Corp. AFFIDAVIT I , Katm-- -, .g1h1ey law, depose and say that: being duly served sworn according to 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 HSBC BANK NEVADA NA Issuer of Union Privil. Plat. MasterCard. 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 $6,910.88 plus interest of $604.87 at the rate of 6% less credits in the amount of $.00 totaling $7,515.75 as of June 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 co z ci to the Nbes of my knowledge, information and belief. V • '?ztrc?ha HugNey Sworn to and Subscribed before me this zZ day of Su?.t?. 20 1 Notary PuLl is SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??rwtu Qt 'ell 4116"'4114 Main Street Acquisition Corp. vs. Case Number Eugene E. Failor 2011-7768 SHERIFF'S RETURN OF SERVICE 10/19/2011 04:05 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 19, 2011 at 1605 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Eugene E. Failor, by making known unto himself personally, at 350 Pine Grove 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. TIM A , DEPUTY I 'low SHERIFF COST: $39.00 October 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (ei Qout9fy5uite Sheriff. Teieosoft. Inc. MORRIS & ADELMAN, P.C. BY: ROBERT M. MORRIS, ESQUIRE IDENTIFICATION #67896 POB 2235 Bala Cynwyd, PA 19004-6235 215/568-5621 Main Street Acquisition Corp. 3715 Davinci Court, Ste 200 Norcross GA 30092 vs. Eugene E. Failor 350 Pine Grove Road Gardners PA 17324-8947 TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Main Street Acquisition Corp. . COURT OF COMMON PLEAS . CUMBERLAND COUNTY CIVIL DIVISION NO. 11 -7768 -CIVIL ENTRY OF APPEARANCE c- a Kindly enter my appearance for Main Street Acquisition Corp., plaintiff in the above -captioned matter. BY: S & ADELMAN, P.C. M. MORRIS ney for Plaintiff -73 cad IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN YLVANYIAx E"). CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Main Street Acquisition Corp 0 Confessed Judgment Plaintiff ® Other Eugene E. Failor VS. File No. 11-7768—CIVIL and Santander Bank (Garnishee) Amount Due $7647.52 Defendant Interest $1332.56 from 12/02/2031 Address ` Atty's Comm 350 �tnt o ue. 1� 1) f 1 % t\ / Costs 29.00 ‘-':-...1 � W •1.41 St -.i CO l S1e , *P?oc 3. TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of County, for debt, interest and costs, upon the following described property of the defendant (s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) ALL ACCOUNTS, FUNDS, DEPOSITS, DEBTS, OR OTHER ITEMS OF PEESONAL PROPERTY STANDING IN THE NAME OF THE DEFENDANT. and all other property of the defendant(s) in the possession, custody or c .' tro '. ('i e said garnishee ❑ (Indicate) Index this writ against the garnishee (s) as a li defendant(s) described in the attached exhibit. Date October 28, 2.014 Signature: will- 46 09 op pc{ a S'1. 00 MF Print Name: Address: Attorney for: 2.s elepl e: gainst real e ate of the ala Cynwyd PA 19004-6235 Plaintiff 215/568-5621 %o 1d. tt Supreme Court ID No: 67896 as. /5 0.k_4_ Fp,/ /a/3 'j9gpp; THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net MAIN STREET ACQUISITION CORP Vs. EUGENE E. FAILOR WRIT OF EXECUTION (Pa R.C.P. 3252) NO 11-7768 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against EUGENE E. FAILOR, 350 PINE GROVE ROAD, GARDNERS, PA 17324 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of SANTANDER BANKGARNISHEE(S), as garnishee, 17 W. HIGH STREET, CARLISLE, PA 17013 (Specifically describe property) and to notify the garnishee that ALL ACCOUNTS, FUNDS, DEPOSITS, DEBTS, OR OTHER ITEMS OF PERSONAL PROPERTY STANDING IN THE NAME OF THE DEFENDANT. (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. 1 (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $7,647.52 Plaintiff Paid Interest $1332.56 FROM 12/02/2011 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $183."1$ Other Costs $29.00 Date: 10/30/2014 (Seal) REQUESTING PARTY: Name : ROBERT M. MORRIS, ESQUIRE Address: MORRIS & ADELMAN, PC POB 2235 BALA CYNWYD, PA 19004 Attorney for: PLAINTIFF Telephone: 215-568-5621 Supreme Court ID No. 67896 fiat-az:LI David D. Buell, Prothonotary .,Z2A21—P. Crila2deit Deputy MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Ronny R Anderson Sheriff Jody 5 Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~��w ��n�^� F/i-D-Oc:/�- OFp�O-HO�-- -v THE ./ . U|/\�^ 2Q/614QV�� �� ���7 — '- '.. � ", CUMBEALAND COUNTY PENNSYLVANIA Main Street Acquisition Corp vs. Eugene E. Failor Case Number 2011-7768 SHERIFF'S RETURN OF SERVICE 11/07/2014 O313pyN_Christopher Sharpe, Deputy, who being duly sworn according to law, attached as herein commanded ali goods,rights, debts, credits, and monies ofthe Defendant, in the hands, possesson, or control of the withn named garnishee, Santander Bank, 17 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Debra Swanger, Banking Representative, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 12, 2014 to Eugene E. Failor at 350 Pine Grove Road, Gardners, PA 1734-8947. CHRIST HER 8HARPE.DEPUTY SO ANSWERS, November 10, 2014 RONNYRANDERSON, SHERIFF (c) CountySuite Sheriff, Teleesoft, Inc, MORRIS & ADELMAN, P.C. BY: ROBERT M. MORRIS, ESQUIRE IDENTIFICATION # 67896 201 N Presidential Blvd S100 POB 2235 Bala Cynwyd PA 19004-6235 (215)568-5621 Main Street Acquisition Corp. 3715 Davinci Court, Ste 200 Norcross GA 30092 Plaintiff vs. You are hereby notified to plead to the e • : s - s Interrogatories within twenty (20) service hereon or a default ay be enter- s against you. days jud ADE AN, P.C. or Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : CIVIL DIVISION c) Eugene E. Failor r c 350 Pine Grove Roadr`' tt7.7 Gardners PA 17324-8947 1, Defendant < Ti C) mac_, and r r.::. Santander Bank 17 W High Street �{ Carlisle, PA 17013 TO: Santander Bank 17 W High Street Carlisle PA 17013 : NO. 11 -7768 -CIVIL Garnishee 415W J INTERROGATORIES TO GARNISHEE (Garnishees) r'fl N You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. 1. At the time you were served or at any subsequent time, did you owe the Defendant any money or were you liable to [him] the defendant on any negotiable or other written instrument, or did [he] the defendant claim that you owed [him] the defendant any money or were liable to [him] the defendant for 1 any reasons? State the amount specifically. 2. At the time you were served or at any subsequent time, was there in your possession, custody or control, or in the joint possession, custody or control of yourself and others, any property of any nature owned solely or in part by the Defendant? If your answer is in the affirmative, describe the nature and value of said property. \‘\ �—_ 3. At the time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the Defendant? If your answer is in the affirmative, describe the nature and value of said property. D 4. At the time you were served or at any subsequent time, did you hold as fiduciary any property in which the Defendant had an interest? If your answer is in the affirmative, describe the nature and value of said property. 0 5. At any time before or after you were served, did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent; and what was the consideration there for? 6. At any time after you were served, did you pay, transfer or deliver any money or property to the Defendant or to any person or place pursuant to [his] the defendant's direction or otherwise discharge any claim of the Defendant against you? Toi 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the 2 exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? If so, identify each account. 0 (a) Identify all documents that were given to the Bank or signed for the Bank establishing the account. (b) State the Bank's understanding of the legal composition of its customer and identify all documents the Bank has that showed that legal composition. (c) State all addresses given for the Bank's customer and all addresses to which the account statements were to be sent. Dated: 10/27/2014 DELMAN P.C. 3 . MORRIS, ESQUIRE A orney for the Plaintiff ANSWERS TO INTERROGATORIES Account # 9990058962 SAVING Balance: $0.00 Account Holder: EUGENE E FAILOR, SR 350 PINE GROVE RD GARDNERS, PA 17324-8947 IT HAS BEEN DETERMINED THAT THIS CHECKING ACCT. 1691021431 IS EXEMPT FROM ATTACHMENT UNDER PA RULE 3111.1. BALANCE $21.94 ACCT. HOLDER: EUGENE E FAILOR, SR DONNA M FAILOR S/A 12/10 $904.70 SOC. SEC. 12/10 $1,811.70 SOC. SEC. 11/12 $904.70 SOC. SEC. 11/12 $1,811.70 SOC. SEC. 10/08 $904.70 SOC. SEC. 10/08 $1,811.70 SOC. SEC. 09/10 $904.70 SOC. SEC. 09/10 $1,811.70 SOC. SEC. VERIFICATION I, Debbie Lewis, C.O.P. Process Specialist of Santander, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Santai? Debbie Lewis C.O.P. Process Specialist THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: MAIN ST. ACQUISITION CORP vs. EUGENE E FAILOR CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: ROBERT M MORRIS, ESQ. MORRIS & ADELMAN, P.C. 201 N. PRESIDENTIAL BLVD., STE. 100 POB 2235 BALA CYNWYD, PA 19004-6235 Service by certified mail addressed as follows: EUGENE E FAILOR 350 PINE GROVE RD GARDNERS, PA 17324-8947 Debbie Lewis C.O.P. Process Specialist Santander MAI MB3-01-21 2 Morrisey Boulevard Boston, MA 02125 December 19, 2014 MORRIS & ADELMAN, P. C. BY: ROBERT M. MORRIS, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION #67896 POB 2235 Main Street Acquisition Corp. Bala Cynwyd, PA 19004-6235 215/568-5621 Main Street Acquisition Corp. COURT OF COMMON PLEAS 3715 Davinci Court, Ste 200 CUMBERLAND COUNTY Norcross GA 30092 CIVIL DIVISION VS . Eugene E. Failor . 350 Pine Grove Road Gardners PA 17324-8947 . and . Santander Bank N.A. Garnishee NO. 11-7768-CIVIL ORDER TO DISCONTINUE ATTACHMENT TO THE PROTHONOTARY: Kindly discontinue the attachment against the garnishee, Santander Bank N.A. , only in the above-captioned matter. ADELMAN, P.C. B OBERT M. MORRIS, ESQ Attorneys For Plaintiff So Ordered as above: Prothonotary j a� � � 31s3a3 FACLSINMORDWWA1229.2 JWA1229.2