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HomeMy WebLinkAbout13-1806 Supreme Co ennsylvania COUrto COlnill0 " , leas For Prothonotary Use Only: C II 1 , t Docket No: CU LAID County r3 -lew elvaTerin The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 21 Complaint [I Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Main Street Acquisition Corp. HEATHER E YOUNG T Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? IM Yes ❑ No (check one) []outside arbitration limits O N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJAppeal? ❑ Yes El No A Name of Plaintiff /Appellant's Attorney: FREDERIC I WEINBERG © Check here if you have no attorney (are a Self - Represented (Pro Sel t..itigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional ❑ Buyer Plaintiff Administrative Agencies Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle El Debt Collection: Other ❑ Board of Elections Nuisance Auto Loan Dept. of Transportation ❑ Premises Liability Statutory Appeal: Other S ❑ Product Liability (does not include Employment Dispute: E mass tort) ❑ Discrimination Slander/Libel/ Defamation C Other: ❑ Employment Dispute: Other ❑ Zoning Board Other: T , I ❑ Other: O MASS TORT ❑ Asbestos N © Tobacco El Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: El Ejectment [3 Common Law /Statutory Arbitration B ® Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent 8 Mandamus Landlord/Tenant Dispute Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Quo Warranto Mortgage Foreclosure: Commercial ❑ Dental ❑ Partition Replevin Legal ❑ Quiet Title 0 Other: Medical ❑ Other: ❑ Other Professional: Updated 1 /1/2011 2162342 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 C: JOEL M. FLINK, ESQUIRE - 0 3 22 MCD 3M. Identification No.: 41200 :Zrn - v -- 1001 E. Hector Street, Ste 220 wry- I r Conshohocken, PA 19428 -<> c 484/351 -0500 XCD )> Main Street Acquisition Corp. COURT OF COMMON PLEAS ..W — P.O. BOX 2529 CUMBERLAND COUNTY SUWANEE,GA 30024 vs. DOCKET NO. 1W HEATHER E YOUNG 139 Timber Ln. Shippensburg PA 17257 - 9539 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249 -3166 O io3. X75 PD AT/ �� COMPLAINT IN CIVIL - ACTION 1. Plaintiff, Main Street Acquisition Corp. a debt buyer and successor in interest to the original creditor, Santander Consumer USA, Inc.. 2. Defendant(s), HEATHER E YOUNG is /are adult individuals) residing at the address above captioned. 3. The original creditor and Defendant(s) entered into a closed end motor vehicle lease contract which required Defendants) to make monthly payments for the utilization of the vehicle. 4. The original creditor has assigned the account of the Defendant(s) to the plaintiff. 5. Defendant(s), defaulted on the terms of the lease resulting in an amount due of $12,915.94 as of March 21, 2013. 6. Attached hereto and incorporated herein by reference as Exhibit "A" is an affidavit of account, if available. 7. Despite repeated demand Defendant(s) has /have refused, failed and still refuses to tender payment on this outstanding obligation. 8. Defendant's last payment on account was made on 2/19/2010. WHEREFORE, plaintiff claims of the defendant(s) the sum of $12,915.94 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EINB G, ESQUIRE JOEL M. FLINK, QUIRE Attorney for Plaintiff 2162342 11711481 Main Street Acquisition Corp. HEATHER E YOUNG 30000136947441000 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 pena ties for making false statements. 4NAME:haghiey EXHIBIT "A" 2162342 Main Street Acquisition Corp. HEATHER E YOUNG 30000136947441000 AFFIDAVIT I, Katresha HugWy 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 access to Plaintiff's records 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 Santander Consumer USA, 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 $12,915.94 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $12,915.94 as of February 14, 2013. 6. If called upon, affiant can testify at t ial as to the facts pertaining to this matter. The above facts are tru and c e t to t est N of my knowledge, information and belief. AFFI es a ey Sworn to and Subscribed 111 1/ before me this ! day ��� Eli �� of 2013 ♦ Q�����s'.��y - 0 W =Z!o .� • �S�, 0 0 r i S> / w Notary Public p's? i � r r � • JANUP�r' � ♦�' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson f ILEO-GFFICE Sheriff QulNg at t;mnLerly 0� Jody S Smith r nd Chief Deputy CMu� t0 11 AP f � Richard W Stewart - CUMBERLAND CWJN ' Solicitor 0MCC OF r4C SKNFF PENNSYLVANIA Main Street Acquisition Corp. Case ase Number Heather E Young 2013-1806 SHERIFF'S RETURN OF SERVICE 04/15/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Heather E Young, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not Found"at 139 Timber Lane, Shippensburg Township, Shippensburg, PA 17257. Per the Shippensburg Postmaster the defendant moved and left a forwarding address of 1932 Powell Drive, Chambersburg, PA 17201-4244. SHERIFF COST: $48.00 SO ANSWERS,, April 15, 2013 RONNY R ANDERSON, SHERIFF rr„y;,ounlySiim�Sh¢ntt,Paleoso[f,Inc.