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HomeMy WebLinkAbout12-5461 2138886 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE t-~ Identification No.: 41360 ~3 JOEL M. FLINK ESQUIRE 1'*C~7 "-t Identification No.: 41200 1001 E. Hector Street, Ste 220 w b~ Conshohocken, PA 19428 ~ d ~ 484/351-0500 ~ r"~-, j Main Street Acquisition Corp. COURT OF COMMON PLEAS -t 4 ~y P.O. BOX 2529, CUMBERLAND COUNTY ~ '`r SUWANEE,GA 30024 vs . DOCKET NO . ~ ~ ~6 ~ ~l U~ / M TYLER STUART P~ 53 RICHARD AVE Shippensburg PA 17257 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 ~1 (717) 249-3166 ~/~-y~J ` ~Jt- ~ /,7Z~_J ~0 3 P 2138886 .s 1\ J f`jL lr, t L1 0!3OCT 2$ F m CO GORDON & WEINBERG, P. C. BY: FREDERIC I . WEINBERG, ESQUIRE rU BE�iL�{¢ngll 0 ,rIdentification No. : 41360 PENNSA JOEL M. FLINK, ESQUIRE Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Main Street Acquisition Corp. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs . DOCKET NO. : 12-5461 TYLER STUART Eaa PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice . GORDON & WEINBERG, P.C. BY: FREDERIC I . fithERG, ESQUIRE JOEL M. FLIN , ESQUIRE Attorney for Plaintiff P006 CERTIFICATION OF SERVICE I, FREDERIC I . WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Withdraw Complaint to Pa. R. C. P. 1028 (c) (1) , via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I. WEINBERG, ESQUIRE Dated (b L -i( 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 BEST BUY. 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 July 16, 2012 in the amount of $4,421.88. 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 7/30/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,421.88 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY : FREDERIC . INBERG, ESQUIRE JOEL M. LI ESQUIRE Attorney or Plaintiff POIP.DB . 2138886 11657311 Main Street Acquisition Corp. TYLER STUART 7001191173545550 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 penalti s for making false statements. G NAME ~ Hughley a EXHIBIT "A" 2138886 Main Street Acquisition Corp. TYLER 5TUART 7001191173545550 AFFIDAVIT I, ' being duly served sworn according to law, depose and say that: 1. I am an affiant for the Plaintiff herein and I have access to 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 BEST BUY. 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 $2,594.19 plus interest of $1,794.43 at the rate of 26~ less credits in the amount of $.00 totaling $4,388.62 as of June 28, 2012. 6. If called upon, affiant can testify at trig as to the facts pertaining to this matter. ' The above facts are tru and c r t o the s of my knowledge, information and belief. AFFI HUghieY Sworn to and Subscribed before me this ~ day e~~ ' ao° ~ r ~ Cw t of 2012 _ ~p~A~VSair,,~~ ~;,~,~s r~ Notary Public = ~~t .,gyp • : ey [ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ,tr of 4rrrr1t)rrt'It4 2)0T16 AH Jc,L.;ti;y, vV?..? i r r tf°'dSYL A'6 41 A. Main Street Acquisition Corp. Case Number vs 2012-5461 Tyler Stuart SHERIFF'S RETURN OF SERVICE 10/02/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Tyler Stuart, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Tyler Stuart. Deputies attempted service at 53 Richard Avenue, Shippensburg, Pennsylvania 17257, but were advised by the current resident they have never heard of Tyler Stuart. To date the Shippensburg Postmaster has been unable to provide a good forwarding address for the Defendant. SHERIFF COST: $53.00 October 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ru5;.;?tt: c1?g=^,'i, 1el?a: aft, Inc.