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HomeMy WebLinkAbout11-85232116205 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE n c P Identification No.: 41360 -o3 ` --4 JOEL M. FLINK, ESQUIRE xmw rrnn = o z rn-- Identification No.: 41200 Z= r _ ",rn a 1001 E. Hector Street, Ste 220 ? -2: CD. Conshohocken, PA 19428 r -0 z -n 484/351-0500 zQ = °z Main Street Acquisition Corp. COURT OF COMMON PLEAS -s c.n ' P.O. BOX 2529, SUWANEE,GA 30024 CUMBERLAND COUNTY C' Vs. DOCKET NO DAVID A RIPPEL 6319 CHESTERFIELD LN Mechanicsburg PA 17050-2821 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 C31C (717) 249-3166 4Qa•060 /S'1117 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, Main Street Acquisition Corp. a debt buyer and successor in interest to the original creditor, HSBC BANK NEVADA NA Issuer of GM Gold 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 merchand- ise 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 September 20, 2011 in the amount of $4,536.25. 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 06/10/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,536.25 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W NB RG, ESQUIRE JOEL M. FLIN , E QUIRE Attorney for intiff POIP.DB 2116205 10978797 Main Street Acquisition Corp. DAVID A RIPPEL 5407890267998005 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" 2116205 Main Street Acquisition Corp. DAVID A RIPPEL 5407890267998005 AFFIDAVIT Katr?;;:, : ;ughlpy I, 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 GM Gold 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 $3,916.80 plus interest of $610.43 at the rate of 6% less credits in the amount of $.00 totaling $4,527.23 as of September 6, 2011. 6. If called upon, affiant can testify?at trial pertaining to this matter. The above facts are information and belief. Sworn to and Subscribed f before me this dy of r 2011 Notary Public and correct to i %N1Eh1y? C,T y Q ,.,,ss,py ?.L /III dvo '?o i y ; 'O?BUG io¢ ' N •• • • ??``\ ?i40 •?•?pRl( 3 . R?1f: •: best to the facts my knowledge, 'ughley Katr?::..:» r. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ;144%1t't" 01 t:Ilmljery ik ('I..rC Ct7r'1T?,? ?rl ' 11 NOY 28 Ali 8: 42 CUMBERLAND COUNTY PENNSYLVA NI Main Street Acquisition Corp. Case Number vs. David A. Rippel 2011-8523 SHERIFF'S RETURN OF SERVICE 11/17/2011 05:38 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2011 at 1738 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David A. Rippel, by making known unto Patricia Rippel, Mother of Defendant at 6319 Chesterfield Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. A".a _L )z2d2 ?--- GERALD WORTHINGTO EPUTY SHERIFF COST: $38.00 November 18, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE- Identificatiorh No.: 41360 JOEL M. FLINKP; ESQUIRE Identification No.: 81894 1001 E. Hector Str et, Ste 220 Conshohocken, PA 9428 484/351-0500 Main Street Acquisition Corp. VS. DAVID A RIPPEL TO THE PROTHONOTARY: FILED-OF ICL2 116205 OF THE PROTHONOTARY 2011 DEC 27 PM 2: 13 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-8523 Enter judgmen for want of an answer for plaintiff and against defendant( l) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $4,536.25 Less: Payments on Account ( $.00) Total: $4,536.25 Understanding the alse statements made herein are subject to penalty under 18 P C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The lastlknown addresses of the parties are: Main Street Acquisition Corp. and that the last known address of defendant, DAVID A RAPPEL, 6319 CHESTERFIELD LN, Mechanicsburg PA 17050-2821. 2. The anne ed 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. Ct Atf `ly pO/W o? rUo h u IMac:??-ec? y 3. The said defendant(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 6-k 1 day of , 2011 Judgment is entered in favor'',of the plaintiff(s) and against defendant(s) by default for want oflan answer and magn as ed at th um of , $4,536.25 as per the above certifir .ion 'all Prothono GORDON & WEINBERG, P.C. BY: / FREDERIC I. WEIN ERG, ESQUIRE JOEL M. FL NK, SQUIRE Attorney f laintiff 2116205 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identificati* No.: 41360 JOEL M. FLINKI, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 9428 484/351-0500 Main Street Acquisition Corp. VS. DAVID A RIPPEL 6319 CHESTERFIELD IAN Mechanicsburg PA 1,050-2821 Pursuant to Pa.R.CiIv.P. 236 you are hereby notilfied that you in the above pr'pceeding COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO NOTICE 11-8523 of the Supreme Court of Pennsylvania, a judgment has been entered against as indicated below. /x/ Judgment by Default $4,536.25 Money Judgment $ Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUEST?ONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC Ii. WEINBERG OR JOEL F K, IRES AT S TELEPHONE NUMBER: 484,/351-0500 VsAo l PROTHONOTARY 2116205 GORDON & WEINBERG, P.C.', BY: FREDERIC I. WEINBERG, ESQUIRE Identification No;: 41360 JOEL M. FLINK, ESQUIRE Identification No : 41200 1001 E. Hector Street, to 220 Conshohocken, PA 194281 484/351-0500 Main Street AcquisitioniCorp. VS. DAVID A RIPPEL TO/PARA DAVID RIPPEL 6319 CH STERFIELD LN Mechani sbuu PA 17050-2821 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-8523 DATE OF NOTICE/FECHA DEL?AVISO: December 8, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHO E THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABO T 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 RED CED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. !? r BY: FREDERIC I XEYNBERG, ESQUIRE JOEL M. F VK, ESQUIRE P10D-2 ,I