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HomeMy WebLinkAbout12-1093 2120438 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING 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 REQUIRED. z - '° -vrn - Mr iv J aC Z = -r, ZC-) N Z- Razor Capital II, LLC 8000 Norman Center Bloomington, MN 55437 Vs. STEVEN WASHINGTON 123 TOWER. CIR CARLISLE PA 17013 COURT OF COMMON PLEAS Dr., CUMBERLAND COUNTY DOCKET NO 1 vt ( her w4, ra - /093 0- 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 103•'75 Pp '" (717) 249-3166 1(03L%L1 127 7 d 7 /300 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, Razor Capital II, LLC , is a debt buyer and successor- in interest to the original creditor, Credit One Bank, N.A.. 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 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 January 13, 2012 in the amount of $2,408.15. 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 9/20/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,408.15 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I WEI BERG, ESQUIRE JOEL M. FL ESQUIRE Attorney for Plaintiff P01P.DB 2120438 4RO4047 Razor Capital II, LLC STEVEN WASHINGTON 4447961115369726 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 : EXHIBIT "A" 2120438 Razor Capital II, LLC STEVEN WASHINGTON 4447961115369726 AFFIDAVIT being duly served sworn according to law, depo Aeand 4s?ythat: 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 Razor Capital II, LLC upon the purchase of debtor's account, which was issued by Credit One Bank, N.A.. 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 $1,710.40 plus interest of $649.59 at the rate of 23.9% less credits in the amount of $.00 totaling $2,359.99 as of December 1, 2011. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and corr best of my knowledge, information and belief. b AFFIANT NAME: Sworn to and Subscribed before me this S day of 2011 Angela Rose PhyNis Doyle NOTARY PUBLIC MINNESOTA My Commission Expires Jan. 31, 201b Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ti Razor Capital II, LLC vs. Steven Washington CUMBE:2LA J t i v a FEMNSYLVAWIA Case Number 2012-1093 SHERIFF'S RETURN OF SERVICE 02/28/2012 09:00 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 28, 2012 at 2100 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Steven Washington, by making known unto George Bell, Step Father of Defendant at 123 Tower Circle, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. ROB RT BITNER, DEPUTY SHERIFF COST: $34.00 February 29, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF �.. h ti I. — C a 7~ I_. 1_. l,�Fi Ham, 'TPROTHONOTAL 2TE4 MAY —2 PM 2: 2 120438 GORDON & WEINBERG, P.C. CUMBERLAND COUNTY BY: FREDERIC I. WEINBERG, ESQUIRE PENNSYLVANIA .Identification No.: 41360 JOEL M. FLINK, ESQUIRE • Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Razor Capital II, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. STEVEN WASHINGTON DOCKET NO. : 12-1093 CIVIL TERM 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) STEVEN WASHINGTON above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $1,710.40 Interest from 11/30/2011 @0% $.00 Costs (Complaint & Service) $137.75 Less: Payment on Account ( $144.00) Total: $1,704.15 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: T I�.sb d t.„6. pa..0 Q'1�Ga,i 1. The last known addresses of the parties are: Razor Capital II, LLC and that the last known address of defendant, STEVEN WASHINGTON, 123 TOWER CIR, CARLISLE PA 17013. 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 years of age. �1[ AND NOW, this day of " , 2.O N Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and da ges assessed at the sum of , $1,704.15 as per the above certificati n. Prothonota GOR ON ' & WEI taERG:, BY: FREDERI IEINBERG, ESQUIRE JOEL M. LINK, ESQUIRE Attorn: for Plaintiff 2120438 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 Razor Capital II, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. STEVEN WASHINGTON 123 TOWER CIR CARLISLE PA 17013 DOCKET NO. : 12-1093 CIVIL TERM 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. LK/ Judgment by Default $1,704.15 LL Money Judgment $ L1 Judgment on Award of Arbitrators$ JL Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, TELEPHONE NUMBER: 484/351-0500 ESQUIRES AT THIS PROTHONOTA 2120438 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 Razor Capital II, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. : 12-1093 CIVIL TERM STEVEN WASHINGTON NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA STEVEN WASHINGTON 123 TOWER.CIR CARLISLE PA 17013 DATE OF NOTICE/FECHA DEL AVISO: September 19, 2013 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. P1OD CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERIC / 'EINBERG, ESQUIRE JOEL M. (/LINK, ESQUIRE Department of Defense Manpower Data Center Results as of : Apr -17-2014 09:32:16 AM SCRA 3.0 Statin Report Pursuant to Servicernetbers Civil Relief Act Last Name: WASHINGTON First Name: STEVEN Middle Name: Active Duty Status As Of: Apr -17-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date i Active Duty End Date Status Service Component NA. NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date • The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date • Order Notification End Date Status Service Component NA ' NA No NA . This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the databanks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOM, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DOD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty' responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http:/lwww.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date, More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only same of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this indudes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This indudes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOM Commissioned Corps), Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and indudes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: E9Q4D2402057840