Loading...
HomeMy WebLinkAbout12-36672123268 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 Identification No.: 41200 rn F. 1001 E. Hector Street, Ste 220 use" ._.. .-- Conshohocken, PA 19428 484/351-0500 STELLAR RECOVERY, INC. COURT OF COMMON PLEAS 1327 Highway 2 West, CUMBERLAND COUNTY Kalispell, MT 59901 vs . DOCKET NO. . 1a - ,3(o(07 Urvi 1 (8-m ANTHONY HARGROVE 401 MEADOW DR CAMP HILL PA 17011 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 5 32 S. BEDFORD STREET O CARLISLE, PA 17 013 # J03,7s AO A >7Y (717) 249-3166 611769,8 Q*a7(v s96 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, STELLAR RECOVERY, INC. , is a debt buyer and successor in interest to the original creditor, HSBC 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)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 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 May 30, 2012 in the amount of $1,229.27. 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 5/10/2010. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,229.27 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I W . NBERG, ESQUIRE JOEL M. , ESQUIRE Attorney for Plaintiff P01P.DB 2123268 STELLAR RECOVERY, INC. ANTHONY HARGROVE 7021270353452542 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 E: DOFFIE HOWARD 2123268 STELLAR RECOVERY, INC. ANTHONY HARGROVE 7021270353452542 State Montana § County of Flathead § AFFIDAVIT 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 N.A. when HSBC Bank 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 $1,214.74, 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. -4 A ANT: DOFFIE HOWARD Sworn to and Subscribed before me this 10 day of OVA 2012 Notary Public AS?? p,n? E IMMAMS N?y?? O`S' Y P ubk • SW@ Qr FRkMdft MY COMM. Expina May 1, 2016 '• ,,,,,; ;,??`' COmmiasfon #F EE 194676 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ?°??tp nt ?embcrr??d ' E'! f9y OFFICE "1F 7! E °-ERIFF Richard W Stewart Solicitor PEP4 . S t 4l- d'w Stellar Recovery, Inc. I vs. Anthony Hargrove Case Number 2012-3667 SHERIFF'S RETURN OF SERVICE 06/20/2012 01:13 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 20, 2012 at 1313 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Anthony Hargrove, by making known unto Charise Spradley, Fiance of Defendant at 401 Meadow Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.00 June 21, 2012 M1, <- Lc-:- ? ? I ? MICHELLE GUTSHALL, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ;C) COUrP,'SUIte Snerift, Teieosott Inc ro rt ICE -?? 123268 GORDO`] & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE --der_tification No.: 41360 ?CINIJL 30 Pit 2. 18 JOEL M. FLINK, ESQUIRE dertification No.: 41200 ljO COUNTY 10K H. Sector Street, Ste 220 ????5`(LVANIA Cons,,ohec-Ken, PA 19428 484/371-,)500 STELLAR RECOVERY, INC. VS. ANTHCCNY HARGROVE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 12-3667 CI'V'IL 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 aqa__nst defendant(s) ANTHONY HARGROVE above named only and assess damages certified to be calculable as a sum certain from the complaint., as fcllccas : Principal $1,229.27 Total: $1,229.27 Undeistanding the false statements made herein are subject to penalty unde IE Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I veril 'i -.hat.: The last known addresses of the parties are: STELLAR RECOVERY, INC. and that the last known address of defendan', ANTHONY HARGROVE, 401 MEADOW DR, CAMP HILL PA 17011. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record aa;,torneys,, if any, after default occurred, and at least ten days prior tc) the date :)f f_linq of this praecipe. 3. The said defendant(s) is (are) not in the military service o'_- ti-,e C?r.ited States or otherwise within -`he coverage of the r o-.diers and :ai:_crs Civil Relief Act and is (are) over 18 years of acfe. a?? ?1le.Sb"W L1- l ?? t? 18?13?0 lll??? AND NOW, this 21b_ day of is entered in favor of the plaintiff(s) and ag default for want of an answer and dXg e.sftse $1,22-^.2'7 as per the above certificn.,/?` Prothonot 2012 lodgment nst defend t(s) by at the of GORDON & WEINBERG, P.C. ti BY: FREDERIC , K INBERG, E::') QUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 2123268 GOI DC'v & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE idert:.ification No.: 41360 JOEL M. FLINK, ESQUIRE identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 STELLAR. RECOVERY, INC. VS. ANTHONY HARGROVE 401 MEADOW DR CAMP IL PA 1`7011 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 12-366? =,'IL TERM NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are ?erety notified that a -udgment has been enuered. against you in the a'oove proceeding as indicated below. /X/ Judgment by Default $1,229.27 Money Judgment $ Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YC`:J HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES THIS TELEPHONE NUMBER: 484/351-0500 -1?'(Aua - PROT O 2123268 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. VS. ANTHONY HARGROVE TO/PARA COURT OF COMMON PLEAS CUMBERLAND COJNTY DOCKET NO. : 12-3667 CIV7:1, TERM NOTICE OF INTENTION TO TAKE DEFAULT ANTHONY HARGROVE 401 MEADOW DR CAMP HILL PA 17011 DATE OF NOTICE/FECHA DEL AVISO: July 11, 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 KAY 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 A130UT 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. BY: FREDERIC ?! EINBERG, ESQUIRE JOEL M. YL K, ESQUIRE P10D-2