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Home My WebLink About06-18812020551 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 PALISADES ACQUISITION V, LLC Successor in Interest to METRIS COMPANIES INC - DMB 2101 WEST BEN WHITE BLVD. Austin TX 78704 Vs. Gerald Cummings 11085 Stonewall Rd Shippensburg PA 17257-9197 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. vto - I00 / 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 COMPLAINT IN CIVIL-ACTION 1. 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 plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 2. 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 plaintiff for the use of said credit card. 3. 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 Plaintiff. A true and correct copy of the Statement of Account is attached hereto as Exhibit "A" 4. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due in the amount of $1,820.67. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $1,820.67 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,820.67 at the rate of 6% from the date of May 7, 2002, together with costs and attorney fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEIN ESQUIRE PAUL M. SCHOF LD, R., ESQUIRE Attorney for Plai iff POLE FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading 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.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. , ESQUIRE EXHIBIT "A" Lo 5S 1 Palisades Acquisition V, LLC PO BOX 160758 AUSTIN, TX 78716-0758 ACCOUNTNUMBER NEW BALANCE 5458004551002346 $ 1820.67 STATEMENT DATE DUE DATE PAST DUE 12/31/2002 DUE NOW $ 1,820.67 GERALD CUMMINGS 11085 Stonewall Rd Shippensburg,PA 17257-9197 I ACCOUNT NUMBER STATEMENT DATE ALTERNATE ACCOUNT NUMBER CREDIT AVAILABLE 5458004551002346 12/31/2002 0 DATE REFERENCE NUMBER NEW TRANSACTIONS AMOUNT 12/31/2002 $ 1,820.67 BALANCE DUE Palisades Acquisition V, LLC, ASSIGNEE OF Metris Companies Inc PO BOX 160758 AUSTIN, TEXAS 78716-0758 I SUMMARY PREVIOUS BALANCE TRANSACTIONS PAYMENTS AND CREDITS NEW BALANCE $ 1,820.67 0 0 $ 1,820.67 THE BALANCE ABOVE DOES NOT REFLECT LEGALLY PERMISSIBLE INTEREST CHARGES, PURSUANT TO THE AGREEMENT, FROM THE STATEMENT DATE THROUGH THE DATE OF PAYMENT. THIS FIRM HAS PURCHASED THE ACCOUNT FROM THE ORIGINAL CREDITOR OR IT'S ASSIGNEE OR SUCCESSOR IN INTEREST AND HOLDS ALL RIGHT, TITLE AND INTEREST THEREIN. Palisades Acquisition V, LLC P.O. BOX 160758 AUSTIN, TX 78716-0758 1-888-570-5007 DUE DATE I MINUMUM PAYMENT I UPON RECEIPT $ 1820.67 Palisades Acquisition V, LLC IS A DEBT COLLECTOR THAT IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ? ? N? ,? -- ? a r- .., ,?, <- =„ .? ,_-?. _- -+, {., -? ;` ?: 2020551 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 PALISADES ACQUISITION V, LLC Successor in Interest to METRIS COMPANIES INC - DMB VS. Gerald Cummings 11085 Stonewall Rd Shippensburg PA 17257-9197 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-1881 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Plaintiffs' Complaint in Civil Action in the above-captioned matter for an additional thirty (30) days. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINB G, ESQUIRE PAUL M. SC OFIE , JR., ESQUIRE Attorney for laintiff(s) ("} rv fa O ""? rr7 • 'j r ^C SHERIFF'S RETURN - OUT OF COUNTY ? R CASE NO: 2006-01881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PALISADES ACQUISITION V LLC VS CUMMINGS GERALD R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: CUMMINGS GERALD but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 28th , 2006 this office was in receipt of the attached return from FRANKLIN Sheriff's ing Costs: 18.00 So answe f;.,? Docket -? ./? Out of County 9.00 Surcharge 10.00 Thomas Kline Dep Franklin Co 33.00 Sheriff of Cumberland County Postage .63 7 0 . 6 3 ? ,, 7,d306 06/28/2006 GORDON & WEINBERG Sworn and subscribe to before me this day of , A. D. s In The Court of Common Pleas of Cumberland County, Pennsylvania Palisades Acquisition V LLC VS. Gerald Cunmings No. 06-1881 civil Now, May 30, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, TL,j? , 20 0? , at 12 5 o'clock M. served the within C IV, I (A,)P14:,?7' upon ()-k: ic-? LU ,.AN . by handing to Aj ?? r ?ArsT, aA RfAsgURC IVA l a :1, L 4-!, A-N f (r fo . copy of the original and made known to ?-? the contents thereof. So answers, Sworn and subscribe efore me ,,j (gA day o , 20 4 A / Richard D. McCarty, Notary Pudic ChanrberWhn Born, Frarddin CorrnAr My ComOssion Expires Jan. 29, 2007 OAI-? ff o t,v k County, PA Jf?K ; Y Sheri COSTS SERVICE _ MILEAGE _ AFFIDAVIT $ 33 00 Curtis R. Long Prothonotary office of the Protbonotarp Cumberiaub Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor nn " I gg L CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573