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HomeMy WebLinkAbout12-1085 2119905 c") THIS IS AN ARBITRATION MATTER. -t ASSESSMENT OF DAMAGES HEARING REQUD .? =w M GORDON & WEINBERG, P.C. r BY: FREDERIC I. WEINBERG, ESQUIRE r<= _ o C-) Identification No.: 41360 yam" ?' o-? JOEL M. FLINK, ESQUIRE C) Identification No.: 41200 T - '' tU rr. V 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Main Street Acquisition Corp. P.O. BOX 2529, SUWANEE,GA 30024 Vs. STEPHEN M HAWK 54 TORY CIR ENOLA PA 17025-2661 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : aOI '9'1UES n-Y('( 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 S aye,{ •103.7Spd ad+, Ck.?-?cog7?Fy tJ Qu- Bra a1) 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 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 January 27, 2012 in the amount of $7,195.25. 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 7/30/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $7,195.25 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EINBERG, ESQUIRE JOEL M. FL K, ESQUIRE Attorne or Plaintiff PO1P. DB 2119905 10988204 Main Street Acquisition Corp. STEPHEN M HAWK 4730680129055545 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: ml EXHIBIT "A" 2119905 Main Street Acquisition Corp. STEPHEN M HAWK 4730680129055545 AFFIDAVIT I, I?.II1?1M 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 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 $6,124.08 plus interest of $1,004.73 at the rate of 6% less credits in the amount of. $.00 totaling $7,128.81 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 an9k corr ct to the best of my knowledge, information and belief. '' \ NAME:InN Sworn to and Subscribed `??111.11sts?Irrro?r before me this day ?NQ/,p•"? .?`? ' My c%;, • '% of 2011 Q;mo O ?' '0 6) Notary Public Ck, nRiSA w` rhe? I 11111\????`,\ Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 7tJ I H01? ) Ott ?,uu;rr ?:fir?MAR -f AM 8: 42 C,'Jy -0EF; AN'0 CCUsWT ; PEW4SYLVAHIA Main Street Acquisition Corp. Case Number vs. Stephen M. Hawk 2012-1085 SHERIFF'S RETURN OF SERVICE 02/29/2012 12:38 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 29, 2012 at 1238 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Stephen M. Hawk, by making known unto himself personally, at 54 Tory Circle, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. > f, /gyp ?/J TSHALL, DEPUTY SHERIFF COST: $43.00 March 02, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF GORDON & WEINBERG, P.C. BY: FREIERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2119905 7T Main Street Acquisition Corp. VS. STEPHEN M HAWK COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 2012-1085 CIVIL PRAECIPE FOR ENTRY OF JUDGMENT 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 $7,195.25 Less: Payments on Account ( $.00) Total: $7,195.25 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, STEPHEN M HAWK, 54 TORY CIR, ENOLA PA 17025-2661. 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. 660 P0A-rH & a?3 NA-ce WUUd 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 q4+' day of Aori) , 2012 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damage asse sed a the sum o 00,V $7,195.25 as per the above certification. Prothonotary GORDON & WEINBERG, ?P.C. BY: FREDERI I. EINBERG, ESQUIRE JOEL M. FLTtK, ESQUIRE Attorne --tfor Plaintiff 2119905 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. STEPHEN V. HAWK 54 TORY CIR ENOLA PA 17025-2661 DOCKET NO NOTICE : 2012-1085 CIVIL Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. /X/ Judgment by Default $7,195.25 L_L 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 J L M. FLINK, ESQUIRES THIS TELEPHONE NUMBER: 484/351-0500 PROTH RY 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 2119905 Main Street Acquisition Corp. Vs. STEPHEN M HAWK COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 2012-1085 CIVIL NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA STEPHEN M HAWK 54 TORY CIR ENOLA PA 17025-2661 DATE OF NOTICE/FECHA DEL AVISO: March 21, 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. ?' L--- BY: I` FREDERIC 'rt//.W P10D-2 EINBERG, ESQUIRE JOEL M.L/INK, ESQUIRE 2119905yy.. GORDON & WEINBERG, P.C. BY: FREDERIC I . WEINBERG, ESQUIRE �.;r_ Identification No. : 41360 r r ° "'TH6: ()TARY JOEL M. FLINK, ESQUIRE Identification No. : 41200 2813SEP 1 1001 E. Hector Street, Ste 220 CUMBERLAND P� �" � 4841351-0500 PA 19428 PENNSYLVANtA =Main Street Acquisition Corp. COURT OF COMMON PLEAS P.O. BOX 2529 CUMBERLAND COUNTY SUWANEE,GA 30024 VS, DOCKET NO. : 2012-1085 CIVIL STEPHEN M HAWK 54 TORY CIR --ENOLA PA 17025-2661 and =Metro Bank ;3201 Trindle Rd. =Camp Hill, PA 17011 GARNISHEE PRAECIPE FOR WRIT OF EXECUTION '=T0 THE PROTHONOTARY: Issue writ of execution in the above matter, _- directed to the Sheriff of Cumberland County; (1) against STEPHEN M HAWK defendant (s) and (2) against Metro Bank garnishee (s) (3) Amount Due $7, 195.25 Interest from April 9, 2012 $592.57 Costs Prothonotary fee Sheriff fee (4) Less: Payments on Account .00 TOTAL 0'U N 3 a F 1b3 FREDERIC I. WEI BERG ESQUIRE JOEL M. FLINK, E IRE 8>))Attor,)v ney for Plaintiff �� Q01 SS? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2012-1085 Civil COUNTY OF CUMBERLAND) CIVIL ACTION–LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MAIN STREET ACQUISITION CORP.Plaintiff(s) From STEPHEN M. HAWK,54 TORY CIRCLE,ENOLA,PA 17025-2661 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: METRO BANK,3201 TRINDLE ROAD,CAMP HILL,PA 17011 and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) 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; (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$7,195.25 Plaintiff Paid$ Interest FROM APRIL 9,2013-$592.57 Attorney's Comm. % Law Library$ Attorney Paid$192.25 Due Prothonotary$2.25 Other Costs$ Date: Sept. 11,2013 luu- 4 1 laa- David D. Buell,Prothonotary (Seat) 4 Deputy REQUESTING PARTY: Name: FREDERIC I.WEINBERG,ESQUIRE Address: GORDON& WEINBERG,P.C. 1001 E.HECTOR STREET,SUITE 220 CONSHOHOCKEN,PA 19428 Attorney for: PLAINTIFF Telephone:484-351-0500 Supreme Court ID No.41360 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t Sheriff Jody S Smith Chief Deputy 2013 SEP 16 Pt' Z� Q Richard W Stewart Solicitor OFFICE OFTt MERfFF CUMBERLAND OU " P 1A Main Street Acquisition Corp. Case Number vs. Stephen M. Hawk 2012-1085 SHERIFF'S RETURN OF SERVICE 09/14/2013 09:03 AM -Shawn Harrison, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Boulevard., Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to James Ghafoori, 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 him. The writ of execution and notice to defendant was mailed on September 01 t Stephen M. Hawk at 54 Tory Circle, Enola, PA 17025-2661. SH,#WN HAZR40N, DEPUTY SO ANSWERS, September 16, 2013 RONW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. hVKUV1V do WI';1Nt3L'�KCi, �.(:. BY:. FREDERIC I. WEINBERG, ESQUIRE Identification No. : 41360 JOEj, M. FLINK, ESQUIRE Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Main Street Acquisition Corp. COURT OF COMMON PLEAS P.O. BOX 2529 CUMBERLAND COUNTY SUWANEE,GA 30024 VS . DOCKET NO. 2012-1085 CIVIL C) N G STEPHEN M HAWK o 54 TORY CIR M f�'1-=- ENOLA PA 17025-2661 23 -0 RI �r - oco and M ---q Metro Bank CD 'tt z-n 3201 Trindle Rd. = F Camp Hill, 'PA 17011 =` C{.rn GARNISHEE ry 'z rS INTERROGATORIES' IN ATTACHMENT TO: Metro Bank - GARNISHEE You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. 1 . At the time you were served or at any subsequent time did you owe the defendant (s) any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? Defendant has less than, $300 exemption 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 one or more other ,rP,+ persons any property of any nature owned solely or in part by the defendant. 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 or in which defendant held or claimed any interest. 4 . At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant (s) had an interest? 5. At any time before or after you were served did the defendant (s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefore? 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant (s) or to any person or place pursuant to his (her, their) direction or otherwise discharge any claim of the defendant (s) against you? 7 . If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant (s) 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 exemption, the amount of funds in each account, 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 any subsequent time did the defendant (s) 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. 9. How much is the value of any property in your possession belonging to the defendant (s) ? FREDERIC INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff DATED: � ��,,J VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. SIGN TU ) PPQ hc 2119905 Nbd GORDON & WEINBERG, P.C. 'EP 26 P/1 1: 41 BY: FREDERIC I . WEINBERG, ESQUIRE CUP98ERL = Identificion ESQUIRE NIA PENNSYt A OU TY JOEL M. F at , ES Q Identification No. : 41200 c 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Main Street Acquisition Corp. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS . DOCKET NO. 2012-1085 CIVIL = STEPHEN M HAWK _ and —° Metro Bank Garnishee PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant' s bank account with Metro Bank, as Garnishee in the above entitled -= matter. GORDON & WEINBERG, P.C. BY: FREDERIC I .'VfINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff Poll aq�o� Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ir of 14.oitibto OFFIV4 OF TKE: 21:' 14 OR 1L P1 2: 11:, UMPER A C PE NNS Y L VA N IA Main Street Acquisition Corp. vs. Stephen M. Hawk Case Number 2012-1085 SHERIFF'S RETURN OF SERVICE 09/14/2013 09:03 AM - Shawn Harrison, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Boulevard., Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to James Ghafoori, 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 him. The writ of execution and notice to defendant was mailed on September 16, 2013 to Stephen M. Hawk at 54 Tory Circle, Enola, PA 17025-2661. 04/14/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $88.75 SO ANSWERS, April 14, 2014 1,0 CountyStlito Sheriff, Te!eosoft, Inc, RONNY R ANDERSON, SHERIFF ee • 6, cA9_,0 ,e,11-71, 3 otiV6e)