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Home My WebLink About12-1086THIS 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 2120039 ARBITRATION MATTER. OF DAMAGES HEARING REQUIRED. Z Co - r N O b b za z? 5c= _.. b , < i s Main Street Acquisition Corp. P.O. BOX 2529, SUWANEE,GA 30024 VS. RYAN P OTOOLE 107 FAIRWAY DR Mechanicsburg PA 17055-5710 NOTICE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO . apIa loo 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 0 s? lb3.l5 f z4 Oj? c? IL03810S ?J V-4?d-7?dooj 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 Ameritech 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 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 $3,479.41. 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 5/18/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,479.41 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I WEIN ERG, ESQUIRE JOEL M. F INK, SQUIRE Attorney ?r-- Plaintiff POIP.DB 2120039 11105241 Main Street Acquisition Corp. RYAN P OTOOLE 5408010036468235 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. t NAME : ?'?' ? Q QG(J MMBIT "A" ¦- 2120039 Main Street Acquisition Corp. RYAN P OTOOLE 5408010036468235 AFFIDAVIT I? Lj)ooc/-j being duly served sworn according to law, depose an 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 Ameritech 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 $3,094.34 plus interest of $351.50 at the rate of 6% less credits in the amount of $.00 totaling $3,445.84 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. n _ n NAME: )SAI& W btlcir Sworn to and Subscribed before me this day of jvt 2011 JASON LOYD HARI 1SON Notary P NOTAFiX LBL C z ?...1A n, MYOi " 0 -4 a a ..eye#r? Mr fi Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY i' 4 yt??r fil z:€ttlJftpr?e LL1It t1Rk? ?' 'Tv PGNN5YLVAWA Main Street Acquisition Corp. vs. Case Number Ryan P. Otoole 2012-1086 SHERIFF'S RETURN OF SERVICE 02/24/2012 07:11 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 24 2012 at 1911 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ryan P. Otoole, by making known unto himself personally, at 107 Fairway Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.00 February 28, 2012 D-ENKTS FRY, DEPld' Y _ SO ANSWERS, RONNY R ANDERSON, SHERIFF 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. RYAN P OTOOLE 2120039 1 0 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 2012-1086 CIVIL PRAECIPE FOR ENTRY OF JVDGNMTT BY AGREEbMNT TO THE PROTHONOTARY: Enter judgment by agreement for plaintiff and against defendant(s) RYAN P OTOOLE above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal Total: $3,704.53 $3,704.53 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, RYAN P OTOOLE, 107 FAIRWAY DR, Mechanicsburg PA 17055-5710. 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. 416,5o PO AST'( .1 73ys7 01ft 0 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 -b-t4'_ day of 2012 Judgment by agreement is entered in favor of the plaintiff(s) and against defendant(s) at the sum of , $3,704.53 per the above certifi tion. 7 N D X Prothonotary w GORDON & WEINBERG, P.C. BY: FREDERIC EINBERG, ESQUIRE JOEL M. ESQUIRE Attorney for Plaintiff 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 2120039 Main Street Acquisition Corp. Prothonotary of Cumberland County DOCKET NO. : 2012-1086 CIVIL VS. RYAN P OTOOLE JUDC2MOT BY AGRENUMM AND NOW, this ?ra day of Aprjj , 2012, it is hereby stipulated and agreed to by and between, RYAN P OTOOLE his successors and assigns and Frederic I. Weinberg, Esquire, counsel for Main Street Acquisition Corp. that the Court enter a determination in the above-captioned case as follows: 1. Judgment shall be entered in the amount of Three Thousand Seven Hundred Four Dollars and Fifty-Three Cents($3704.53) in favor of Main Street Acquisition Corp. and against, RYAN P OTOOLE his successors and assigns; 2. Plaintiff, Main Street Acquisition Corp. will agree to accept the sum of $100.00 per month from, RYAN P OTOOLE his successors and assigns. The first payment of $100.00 per month shall become due and payable on March 31, 2012 and then on the 31st of every month thereafter until the Stipulated Judgment is paid in full; 3. In the event that RYAN P OTOOLE his successors and assigns do not make payments as prescribed in paragraph 2, they will be considered in default and the Plaintiff, Main Street Acquisition Corp. shall be allowed to exercise any and all remedies available at law. Date : , L RYAN P OTOOLE Defendant Date: FREDERIC . W INBERG, Esquire Attorney Aox/Plaintiff I.D. #41360 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 .. 2120039 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. RYAN P OTOOLE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 2012-1086 CIVIL NOTICE 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. /Xj Judgment by Agreement $3,704.53 L-L Money Judgment $ Judgment on Award of Arbitrators$ L_L 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 ) 1P PROTHONOTARY