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Home My WebLink About06-3766T NCO19745 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 AMERICAN EXPRESS 1804 Washington Blvd. Baltimore MD 21230 VS. EDDY PETITTO 330 EVERGREEN STREET NEW CUMBERLND PA 17070 and ANGELA SMITH 330 EVERGREEN ST NEW CUMBERLAND PA 17070 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 0(o --3''LL l.Lui ` l 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 (717) 249-3166 I 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)tae 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 $12,009.70. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $12,009.70 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 $12,009.70 at the rate of 0% from the date of July 3, 2005, together with costs and attorney fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. NB G, ESQUIRE PAUL M. SCHO D, JR., ESQUIRE Attorney for Plaintiff 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 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. WE QBERG, SQUIRE EXHIBIT "A" NC019745 NCO Financial Systems, Inc. EDDY PETITTO 371701205661006 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 factsland circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 9. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. After allowing for all offsets and credits, a balance remains on the subject account having account number 371701205661006in the amount of $12,009.70; and 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. Ak(Aw CRY HECKS ALL Sworn to and Subscribed before this day of s?,?Q, 200 Notary Public ?OPp ROSFM1'?.,? Sondra Rosenfeld NOTARY PUBLIC y NOTARY °= Montgomery County 33i ?•? i0E 05, Pus??o State of Maryland My Commission Expires June 1, 2010 ,S yJ,, r SHERIFF'S RETURN - NOT FOUND CASE NO: .2006-=03766 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMERICAN EXPRESS VS PETITTO EDDY ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PETITTO EDDY but was unable to locate Him in his bailiwick. COMPLAINT & NOTICE , He therefore returns the the within named DEFENDANT 330 EVERGREEN STREET NEW CUMBERLAND, PA 17070 PETITTO EDDY NOT FOUND , as to DEFENDANT IS BELIEVED TO BE LIVING IN HARRISBURG. Sheriff's Costs: So answers: - Docketing 18.00 Service 14.96 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 47.96,/ GORDON & WEINBERG Jj 07/10/2006 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006;03766 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMERICAN EXPRESS VS PETITTO EDDY ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SMITH ANGELA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT , SMITH ANGELA , NOT FOUND , as to 330 EVERGREEN STREET NEW CUMBERLAND, PA 17070 DEFENDANT IS BELIEVED TO BE LIVING IN HARRISBURG. Sheriff's Costs: So answer Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00,/ GORDON & WEINBERG n 2_ 6.0(, 07/10/2006 Sworn and Subscribed to before me this day of , A. D. Curtis R. Long Prothonotary Office of the Protbonotarr Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 01 `" 3 7L Io 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