Loading...
HomeMy WebLinkAbout12-1084THIS 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 Main Street Acquisition Corp. P.O. BOX 2529, SUWANEE,GA 30024 VS. DENISE BARRICK 8 WILDWOOD RD Newville PA 17241-9713 NOTICE 2120139 ARBITRATION MATTER. OF DAMAGES HEARING REQUIRED. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : C-) C= N CS C) --f -,U z N --t z as r` N O n -fl C:) a? Mo D A rn ? ?j? ?, ?o$?( Ci r, l 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 C'?) 1o3.?s?d c aM+ 91 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 Direct Merchants 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 January 27, 2012 in the amount of $2,805.59. 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 9/25/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,805.59 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: / FREDERIC I WE BERG, ESQUIRE JOEL M. F INK ESQUIRE Attorney - Plaintiff P01P. DB 2120139 11458509 Main Street Acquisition Corp. DENISE BARRICK 5458001663272197 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: i)W©o d.3 EIMIBIT "A" 2120139 Main Street Acquisition Corp. DENISE BARRICK 5458001663272197 AFFIDAVIT I, being duly served sworn according to law, depose and say 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 HSBC BANK NEVADA NA issuer of Direct Merchants 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 $2,551.46 plus interest of $226.45 at the rate of 6% less credits in the amount of $.00 totaling $2,777.91 as of November 22, 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. AFFI T NAME : rN, Phi Sworn to and Subscribed before me this ? day of 2011 Notary Public -< Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ?orttr at ? uubrr?& s 21012 FEB 28 AM 8: 32 CJUMBE.RLA D GoUt ? y PENNSYLVANIA Main Street Acquisition Corp. Case Number vs. 2012-1084 Denise Barrick SHERIFF'S RETURN OF SERVICE 02/24/2012 11:00 AM - Jason Vioral, Sergeant, who being duly sworn according to law, states that on February 24, 2012 at 1100 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Denise Barrick, 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 saamme. JAS IORAL, DEPUTY SHERIFF COST: $40.00 S6ANSWERS, February 24, 2012 RON R ANDERSON, SHERIFF 10 2120139 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE 49 r Identification No.: 81894 -:: -? 1001 E. Hector Street' ? rY1 Ste 220 -% P! - Conshohocken, PA 19428 484/351-0500 -;- Main Street Acquisition Corp. COURT OF COMMON PLEAS- CUMBERLAND COUNTY - VS. DOCKET NO. : 2012-1084 CIVIL DENISE BARRICK PRAECIPE FOR ENTRY OF JUDGbMNT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $2,805.89 Less: Payments on Account ( $.00) Total: $2,805.59 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: Main Street Acquisition Corp. and that the last known address of defendant, DENISE BARRICK, 8 WILDWOOD RD, Newville PA 17241-9713. 2. The annexed 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. 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 '?y years of age. -o--b-Z Pd k/J C#7 /689rltl 90t-a 73 SV3 / L -L' -/., _/ AND NOW, this day of ?L 2012 Judgment is entered in favor of the plaintiff(s) an against defendant(s) by default for want of an answer and mages assessed at the AAim of , $2,805.59 as per the above certifiC ion. Prothonotary .? GORDON & WEINBERG, P.C. BY: FREDERIC I. WE BERG, ESQUIRE JOEL M. F N , ESQUIRE Attorney for Plaintiff 2120139 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 Main Street Acquisition Corp. VS. DENISE BARRICK 8 WILDWOOD RD Newville PA 17241-9713 Pursuant to Pa.R.Civ.P. you are hereby notified you in the above procee, L-L COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 2012-1084 CIVIL NOTICE 236 of the Supreme Court of Pennsylvania, that a judgment has been entered against ling as indicated below. Judgment by Default $2,805.59 Money Judgment $ Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 PROTHO TA ?? Y` 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 2120139 Main Street Acquisition Corp. vs. DENISE BARRICK COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 2012-1084 CIVIL NOTICE OF INTENTION TO TAKE DEFAULT TO/PAR. DENISE BARRICK 8 WILDWOOD RD Newville PA 17241-9713 DATE OF NOTICE/FECHA DEL AVISO: March 20, 2012 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 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 GORDON & WEINBERG, P.C. BY.. FREDERI I. WE?fNBERG, ESQUIRE JOEL M. "E, ESQUIRE PLOD-2