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HomeMy WebLinkAbout12-2234 THIS 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 2118665 ARBITRATION MATTER. OF DAMAGES HEARING REED --? mm -Ti T7 , ? 9 1 ' V f"'? ?J Main Stri P. 0. BOX 30024 DONALD M 700 HIGH Enola PA yet Acquisition Corp. 2529, SUWANEE,GA Vs. WOOD, SR. ST 17025-3163 NOTICE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : /a - ,ms4 0,1vi !7e r wm 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 103. ?5 PO AT" C* 1(0'703 ,p,?" a ?333a 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 Union Privilege 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 February 28, 2012 in the amount of $7,906.15. 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 3/23/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $7,906.15 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. X BY: FREDERIC &I, INBERG, ESQUIRE JOEL M. F ESQUIRE Attorney for Plaintiff POIP.DB 2118665 11056898 Main Street Acquisition Corp. DONALD M WOOD, SR. 5480430005975328 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. N rovk l? EXHIBIT "A" 2118665 Main Street Acquisition Corp. DONALD M WOOD, SR. 5480430005975328 AFFIDAVIT I, being duly served sworn according to - ?%W8 - 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 Union Privilege 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 $6,875.31 plus interest of $1,015.02 at the rate of 60 less credits in the amount of $.00 totaling $7,890.33 as of February 14, 2012. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct information and belief. / AFFI4kNT N&4E : Sworn to and Subscribed before me this - day of 2012 Notary l ``o%111111///,f f S'gtc,?ii 0T4 9m Q Z o 'UBLYP y Q o ER /ll111111100% YAst of my knowledge, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 1,001'- of 'Ili Jody S Smith Chief Deputy Richard W Stewart Solicitor 2,12 APR 27 AM 9:52 CUM4ERLAND CCUND' PtNNSYLVANIA Main Street Acquisition Corp. Case Number vs. Donald Maylon Wood 2012-2234 SHERIFF'S RETURN OF SERVICE 04/23/2012 05:48 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 23, 2012 at 1748 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Donald Maylon Wood, by making known unto Barbara Wood, Wife of Defendant at 1700 High Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing tc her personally the said true and correct copy of the same. SHERIFF COST: $43.00 April 26, 2012 DEN FRY, DEPU SO ANSWERS, RONR'Y R ANDERSON, SHERIFF GORDON & WEINBERG, P.C. BY: FREDERIC 1. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK Identification No.: 41200 1001 E. HECTOR STREET SUITE 220 CONSHOHOCKEN, PA 19428 484/351-0500 MAIN STREET ACQUISITION CORP vs. DONALD M. WOODS. SR ` 2118665 NE7 °RQTHONOTAICf, 12012 JUN 28 AM 11: 57 kR A ND Ct?lJMTY I YLVAMA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 12-2234 STIPULATION OF SETTLEMENT It is HEREBY STIPULATED AND AGREED that the above-entitled action is settled by agreement of the parties under the following terms and conditions: Defendant and Plaintiff desire to settle the above captioned matter and stipulate that Defendant will pay to the order of Gordon and Weinberg, P.C., attorneys for the Plaintiff, at their offices at 1001 E. Hector Street, Suite 220, Conshohocken, PA 19428, for the sum of Six Thousand Five Hundred and 00/100 ($6,500.00) Dollars in installments as follows: a. One (1) payment of Three Thousand and 00/100 ($3,000.00) Dollars to be received June 30,201Z b. Ten (10) equal and consecutive payments Three Hundred Fifty and 00/100 ($350.00) Dollars to be received on or before the 30" of each month beginning July 30, 2012.. 2. Defendant appears generally herein and submits to the jurisdiction of the Court. 3. In the event of a default of any of the above listed conditions and payments, Plaintiff may, upon 10 days notice enter judgment for the relief demanded in the Complaint filed less any payments made plus judicial interest of 6% running from the date of tiling. 4. 5 Upon full and final compliance with this stipulation, this action shall be deemed fully settled, discontinued and/or satisfied and an Order to Satisfy, Discontinue, and End will be sent to the Defendant. in accordance with the terms of this agreement there appears to be a related consent order for judgment held in escrow which will automatically extinguish upon compliance with the above mentioned terms. Joel M.:' lin , Esquire Date: G - )- f - / L Gordon and Weinberg, P.C. Donald M. Woods, r. ?'`' 6 Z Date.