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HomeMy WebLinkAbout06-1988 NC017931 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. 8Y: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Idencification No.: 81894 71 SOUTH 21ST STREET PIIIUWELPHIA, PA 19103 215/988-9600 NCO/ASSIGNEE OF HOUSEHOLD FIN 1804 WASHINGTON BLVD. Baltimore MD 21230 COURT OF COMMON PLE]l~S CUMBERLAND COUNTY VS. DOCKET NO. 06 - /9Pf C~()Ll~ i fIImRY A HINKLE 1330 CHURCH ST CARLISLE PA 17013-9245 NOTICE voU HAVE BEEN SUED IN oOURT. IF YOU WISH TO DEFEND AGAINST THE CLAIUS SET FORTi! iN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN T\;ENTY (20) DAYS AFTER 'I H[:,; COt1PLZ\INT ZIND NOTICE ARE SERVED, BY ENTERING A WRITTEN ~,PPEZ\Ri\NCE PERSONALLY on BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES Of( OBJSCTIONS ro THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU E~IL TO DO SO THE Q,o.SS MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AG,HKST YOU BY TIlE ;:ou[.:'r WITHOUT FURTHER NOTICE FOR ANY MONEY CLlUMED IN THE COMPLI\INT OR FoR {','IY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFf. YOU MAY l,USE MONEY O!, nOPEkTY OR OTHER RIGHTS IMPORTANT TO YOU. Y(JU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT IlP.VE A LMJYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE "ET FORTH BELOW TO FIN0 (JUT 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(sl was Issued to the defendant(sl by the plaintiff ~nder the terms of wL Lct! the plaintiff agreed to extend to defendant (s) the use of plaintiff's credit facilities. 2. Defendant(sl 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 che credit card issued by the Plaintiff. A true and correct copy of the Statement of Account is attached hereto as Exhibit "A". ~. All the credits to which the defendant(slls entitled have been applied and there remains a balance due in the amount of $1,316.30. 5. Plaintiff has made demand upon the defendant(slfor payment of the balance due of $1,316.30 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. WIIEEEE'ORE, plaintiff claims of the defendant (sl the sum of $],316.30 at the rate of 17.99% from the date of September 17, 2002, together with costs and attorney fees. GORDON & WEINBERG, P.C. BY: BERG, ESQUIRE , JR., ESQUIRE 'ntiff POlE VERIFICATION 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 Lhe best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Fa.C.S.A. Section 4904 relating Lo unsworn falsification to authorities. FREDERIC I. NC017931 NeO Financial Systems, Inc. HARRY A HINKLE 71026300146995 AFFIDAVIT I, CRYSTAL HECKSTALL, being duly served sworn according to law, depose and say that: 1. I am the agent 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; 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. remains on the amount After allowing for all offsets and the subject account having account of $1,316.30; and credits, a balance number 71026300146995in 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct information and belief. Sworn to and Subscribed before me this -iLL- day Fe/;. ,200t ,1 --) Pu1lic of ~\ Notary \\IIIIUlUIl"1 "..\\\\~tJ... RDS';.."'", ..~~'-<:;) ........... "'..('o~ ~~.... ....~~ g "'i llOTA!/~ ....'0 l E~: ..._ i"",E -0' -~- \ ?\. "valle ..~": J ~G!""" .../~.~ ,-,0"" ....... 'I\')~.." "''''",'l:RY co,\,........ 111"",,'"1\\' Sondra Rosenfeld NOTARY PUBLIC Montgomery County State of Maryland My Commission Expirer June". 2006 l; n -"\1 (:) -to. -.-\ 8 p ;-'~ ?~\ ('\\. ~ . ~ . if'l c..' -, U( .. . - -,... I"~ ~ ~ \) .- \'- ~ i-: V'i -J ~;) ~ --...a r-- :2 ---.r:- 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 NCO/ASSIGNEE OF HOUSEHOLD FIN COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-1988 HARRY A HINKLE PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, HARRY A HINKLE, and assesses the damages as per statement below. PAUL M. SCHO Attorney for Principal Interest from November 2, 2005 @17.99% Total: $1,316.30 $1,203.49 $2,519.79 I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. FREDERIC I. WEI PAUL M. SCHOFIE Attorney for PI Filed: By the Prothonotary: AND NOW, this /0~ day of JLuy?' ' 2005 Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum of , $2,519.79 as per the above certification. NC017931 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY NCO/ASSIGNEE OF HOUSEHOLD FIN vs. DOCKET NO. 06-1988 HARRY A HINKLE NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $2,519.79. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. BY: Dated: May 31, 2006 ---- 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY NCO/ASSIGNEE OF HOUSEHOLD FIN vs. DOCKET NO. 06-1988 HARRY A HINKLE CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; NCO/ASSIGNEE OF HOUSEHOLD FIN and that the last known address of defendant, HARRY A HINKLE, 1330 CHURCH ST, CARLISLE PA 17013-9245. GORDON & WEINBERG, P.C. BY: 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 NCO/ASSIGNEE OF HOUSEHOLD FIN COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-1988 HARRY A HINKLE AFFIDAVIT OF NON-MILITARY SERVICE FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he represents the plaintiff in the above- entitled case; that he is authorized to make this affidavit on behalf of the plaintiff; and that the above-named defendant is over twenty- one years of age; that the address of the defendant is, 1330 CHURCH ST, CARLISLE PA 17013-9245; that the occupation of the defendant is unknown; and that the defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Sworn to and Subscribed Before me this ~ Day ~ ,2006. - ~(l~ Notary Public COMMONWEALTHOFPENN YLVANlA NOT ARIA~ SEAL CHRISTINE M. COLON, Notary Public City of Phlladelpnla. Phil., CCIIln M . .', FREDERIC I. WEINBER~~ESQUIRE PAUL M. SCHO , 'JR. ESQUIRE Attorney for Plaintiff . ' NC017931 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, .' Identification No.: PAUL M. SCHOFIELD, JR., Identification No.: 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 ESQUIRE 41360 ESQUIRE B1B94 NCO/ASSIGNEE OF HOUSEHOLD FIN COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-19BB HARRY A HINKLE NOTICE OF INTENTION TO TAU DEFAULT TO/PARA HARRY A HINKLE 1330 CHURCH ST CARLISLE PA 17013-9245 DATE OF NOTICE/FECHA DEL AVISO: May 17, 2006 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 MAY 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 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 GORDON & WEINBERG, P.C. P10D-2 FREDERIC I. WEINBERG, ESQUIRE ~ PAUL M. SCHOFIELD, JR., ESQUIRE c-P ~\l ~ ~ 'lS - ~ -Cl - -:t r- (\', r--- p .t.q.. -Cl 01l \) \) ~ ~ \f-~ i.~ .1- -- r'-'. ~, ,.'4 <..:) Cl'"' ~n t~ ~-n .""> l'lp I"" ~- ~. -~ v) (.,..) SHERIFF'S RETURN - REGULAR CASE NO: 2006-01988 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NCO VS HINKLE HARRY A MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HINKLE HARRY A the DEFENDANT , at 0825:00 HOURS, on the 24th day of April , 2006 at 1330 CHURCH STREET CARLISLE, PA 17013 by handing to HARRY HINKLE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .5j)"JJ ul- Sworn and Subscribed to before 18.00 8.80 .00 10.00 .00 36.80 ~ .~~n:",~~ R. Thomas Kline me this day of 04/25/2006 GORDON & WEINBERG By: Iv-/~ , Deputy Sheriff A.D. Prothonotary