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HomeMy WebLinkAbout12-36582123283 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE -•- i Identification No.: 41200 rs _ 1001 E. Hector Street, Ste 220 r ?- Conshohocken, PA 19428 ? , 484/351-0500 STELLAR RECOVERY, INC. COURT OF COMMON PLEAS 1327 Highway 2 CUMBERLAND COUNTY West, Kalispell, MT 59901 GO VS. DOCKET NO. : ,A . 3b 5 g RICHARD PARSONS 2232 CANTERBURY DR MECHANICSBURG PA 17055 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 L it) .?SPd ON a's )-7u(03 2?4-o??to??'? COMPLAINT IN CIVIL-ACTION 1. Plaintiff, STELLAR RECOVERY, INC. is a debt buyer and successor in interest to the original creditor, HSBC Bank Nevada, 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)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 5/31/12 in the amount of $1,035.97. 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 1/29/2010. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,035.97 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC W INBERG, ESQUIRE JOEL M. F I , ESQUIRE Attorney r Plaintiff P01P.DB 2123283 STELLAR RECOVERY, INC. RICHARD PARSONS 7021270301671854 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. NAM D FIE HOWARD EXHIBIT "A" 2123283 STELLAR RECOVERY, INC. RICHARD PARSONS 7021270301671854 State Montana § County of Flathead § APPTnAVTT I, DOFFIE HOWARD, being duly served sworn according to law, depose and say that: 1. I am employed 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 by HSBC Bank Nevada, N.A. when HSBC Bank Nevada, N.A. sold the account to STELLAR RECOVERY, INC.. 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 $1,023.74, which includes original interest as of May 10, 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 to the best of my knowledge, information and belief. A : DOFFIE HOWARD Sworn to and Subscribed before me this /D day of tl-l 2012 Notary Public lip ASHLEY NUSS Notary Public - State of Florida My comm. Expires May 1, 2016 commission # EE 194676 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Stellar Recovery, Inc. vs. Richard Parsons ?0?atr at ?uikbrr?a?? 0MCE OF' hE S"ERIFF ?.I :° 2-I AM Q: 4 pI-- Y .?.., 'rN S `It L Af11I Case Number 2012-3658 SHERIFF'S RETURN OF SERVICE 06/18/2012 03:28 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2012 at 1528 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Richard Parsons, by making known unto Heather Parsons, Daughter of Defendant at 2232 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.00 June 19, 2012 :;i?? RYAN BURGETTSO ANSWERS, RON R ANDERSON, SHERIFF !ci Coun ySuite sheriff, Teieosoft. Inc. ?4C- 1kA C-10 -6c) r-,60 ? THE PROTHONO 20 IZ- CUMBERLAND CQWiT?L iV L PENNSYLVANIA _ ?5 Po Ns? ?"wJ 4-6 U3 h? 4 aV3 4?4 %juialol--? Qo 1Czk ???). ?? v ? ?-?L ro-p+ +C?+-?? 4v O\ ? c.A+ a--) a a ? o? -r?C r ?.= I Crl^, GJ? lnA' , ``. Ste. 2G-C)? tA? 1 f ti ^??a.?- u? c?..??`?1r?..?i ?..o ?? Can ,??? ?4-?..?.???,?,? GA-I-4-4 A0JI-yo ! ?aklryll-, `4u- n d ? v? &cx cry, ?v,, E?? . UIX UA-ris- W?+?k c c Nc? -7 5 I r ry"- ?f PQZI?? a;Y-J, CJ VN-l Vim. Cuvl -? h ?? A-0 w" he ac6 , whoL -- vw, huo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA• STELLAR RECOVERY, INC. • Plaintiff • NO. 12-3658 CIVIL TERM VS RICHARD PARSONS =F` Defendant -,�:- r ;—;; RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in tlf y ---tc following form: .<p -v cp THE PETITION FOR APPOINTMENT OF ARBITRATORS Gf TO THE HONORABLE,THE JUDGES OF SAID COURT: -< JOEL M. FLINK, ESQ. , counsel for the plaintiff/ in the above action(or actions),respectfully represents that: 1. The above-captioned action(or actions)is(are)at issue. 2. The claim of plaintiff in the action is$ 1035.97 The counterclaim of the defendant in the action is 0 The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: JOEL M. FLINK, ESQ. WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. h�4<F k es ctfu y sub • ed, c b(.go 'R-ti 3bc) c o ORDER OF COURT AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action(or actions)as prayed for. By the Court, KEVIN A. HESS,P.J. • 2123283 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 INIONEM STELLAR RECOVERY, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs . DOCKET NO. : 12-3658 CIVIL RICHARD PARSONS MEMO CERTIFICATION OF SERVICE I, JOEL M. FLINK, ESQUIRE, hereby certify that I, on the date below, served a copy of Petition for Appointment of Arbitrators pursuant to the to Pa . R. C. P. 1028 (c) (1) , via First INMMMI Class Mail, postage pre-paid, to all other parties or their counsel of record. JOEL M. FUNK,/ESQUIRE Dated: 11/20/13 P022 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA STELLAR RECOVERY, INC. Plaintiff NO. 12-3658 CIVIL TERM VS RICHARD PARSONS Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in tlf 'y %.0 ti following form: G:6:3 -0 CD-,t y c-) _ > THE PETITION FOR APPOINTMENT OF ARBITRATORS N ter"`' TO THE HONORABLE,THE JUDGES OF SAID COURT: JOEL M. FLINK, ESQ. , counsel for the plaintiff/dRIVARwA. in the above action(or actions),respectfully represents that: 1. The above-captioned action(or actions)is(are)at issue. 2. The claim of plaintiff in the action is$ 1035.97 The counterclaim of the defendant in the action is 0 The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: JOEL M. FLINK, ESQ. WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. es ctfu y sub ' ed, e IL (f -ia44 3c,d�90 ORDER OF COURT AND N W, /5 , 20/4/ , in consideration of the foregoing i petition, � Esq., and Esq.,�and ° Esq., are appointe arbitrators in the above Lr) 6eapti:oned action(or actions)as prayed for. x:C CL_ By the Court, UO <e>- -� � ✓� KEVIN A. S,P.J. e ` Cop%eS iii S-tA, la r- r oU e j (lc Plaintiff R .ckcortf3 %cvEo 5 Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No.12— - Se Civil Action — Law. 0 ath We do solemnly swear (or a=ffirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this. Corn_ ionwealth'and that we will discharge the duties of our office with fidelity. i g.nature rw(aD &race. E. 4ko Narne (Chairman) E Lm Law Firrn Address ct soc> Rc Ca6,5\\ , PA r7O City, Zip icnature Narne UUivZ y < Law Firrn h JA I 100 (Ylakr-S Name SOCia k SCu ucC Ju I IIUM "7\ Law Firm Address a/iLi /70 Zip City, c.�. • Address C.r\ Lsk k1O ■3 City, Zip Award We, the undersigned arbitrators; having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded; they shall be separately stated.) c,f1 qLk I. 71 -to pc.u.sik-A-L-4- s y kv,s cas\ �p��� • . Arbitrators dissents:- (Inser.t..narne -if applicable..)- ._.... Date of ri: aringa A t\ 22 201 9 Date of Award: 122) 2014 Now, the moo► -"V( day of entered upon the docket and. notice tI ereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: S 4//40. J ) Notice of Entry of Award 20 /4 at 49 '.2 At .M., the above award was Prothonotary E ,LEO- OFFICt. THE PROTNOI OTM ,'; Mil APR 2Z MI g :1'Z CUMBERLANDCOUNTY PENNSYLVANIA 0.44.4 Parson pt� n4a -/0( GORDON & WEINBERG, P.C. .BY:.. FREDDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E.: Hector Street, Ste 220 Conshohocken, PA 19428 484/3.51-0500 it"i�JIG T il7h'D� 2123283il.��i^a t y"9 Pi 3; 39 `J UHBE L AND COUNTY PEN/YS YLVA NIA STELLAR RECOVERY, INC. . vs. RICHARD PARSONS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 12-3658 CIVIL PRAECIPE TO ENTER JUDGMENT ON ARBITRATION AWARD TO THE PROTHONOTARY: Please enter judgment on the attached arbitration award favor of the plaintiff, STELLAR RECOVERY, INC., against the defendant, RICHARD PARSONS in the amount of $9 1. in FREDERIC I. WEINB"RG, ESQUIRE JOEL M. FLIN , -'QUIRE Attorney for Plaintiff ox1.11D.,s651 CL# .96Ps R-01 67(-fV /1)6 &e tna-dec/ 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 STELLAR RECOVERY, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. RICHARD PARSONS DOCKET NO. : 12-3658 CIVIL VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action and verifies that the statements made in the foregoing pleadings are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FREDERIC I WEI ERG, ESQUIRE CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Praecipe to Enter Judgment on Arbitration Award, via First Class Mail, postage pre- paid, to all other parties or their counsel of record. Dated: P002=14" RICHARD PARSONS 2232 CANTERBURY DR MECHANICSBURG PA 17055 FREDERIC I.-VogINBERG, ESQUIRE 9-d \&-t ?,ft OU (IC In The Court of Common Pleas of Cumberland P_arcOrIS Defendant Civil Action — Law. County, Pennsylvania No.12- • Oath We do solemnly seer (or affirm) that we will support, obey and defend the Constitution of the United States and the 'Constitution of this: Comrrionwealth'and that we will discharge the duties of our office with fidelity. gna r 644-rAcc Ut4k Name (Chairttiati) E LM Law Firm 4113.A. Ci_SOC1 RC) Address \...) Cac L5\.e. City, . -- Zip Nar4; 711114W4 Law Firm 2 Address (a//if /7e/.? City, Zip ii410 MakaS Cc_tctiL S I iIl Law Firm 2-4 Address 1-17 Cciur\ Lsk. PA 1,10 t3 - City, Zip Award We, the undersigned bitzators; having been duly appointed alid.sWorn (or affirmed), make the following award: (Note: If damag.e's for.delay are awarded, the shall be separately stated.) .• in,nclAr) c.,‘? q_LL-71 -to O -4 - is Ctrp elf S? biator-issentsInsert-narne-if applicable-.) Date of Heazinea \ 2 2 2019 Date of A7a.rd: \ 22, 2014 . Ax Notice of Entry of Awar Now, the day of . 20 /4( .at 9..%Q. .M., the.above award was entered Upon the docket and notice treof given by thail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeg: S414. ST) -112,ti;xLI Prothonotary 1 TR UE. COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seat cif said Court at C !lisle, Pa. This —f2_ day of , 20 It._ Pqtnotary By Department of Defense Manpower Data Center Results as of : Jun -13-2014 06:01:08 AM SCRA 3.0 Status Report Pursuant to Servicentembers Civil Relief Act Last Name: PARSONS First Name: RICHARD Middle Name: Active Duty Status As Of: Jun -13-2014 On Active Duty On Active Duty Status Date Active Duly Start Dale 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 Da of Active Duty Status Date Active Duty Start Date 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 Futu e 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 data banks 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, NOAA, 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. Yhutdi Mary M. Snavely-Dixon,Director Department of Defense - Manpower Data Center 4800 Mark Center Drive. Suite 04E25 Arlington, VA 22350 File #2123283 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://www.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 some 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 Includes 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 includes 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 (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes 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: GA06626940F9S80 2123283 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 STELLAR RECOVERY, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. RICHARD PARSONS 2232 CANTERBURY DR MECHANICSBURG PA 17055 DOCKET NO. : 12-3658 CIVIL NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT ON ARBITRATION AWARD HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $941.71. IF YOU HAVE ANY QUESTIONS CONCERNING THIS. NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 484-351-0500 GORDON & WEINBERG, P.C. BY: FREDER C I. W NBERG, ESQUIRE JOEL M. K, ESQUIRE Attorney for Plaintiff