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Home My WebLink About06-5228Bruce K. Warren, Esquire Atty. I.D. No. 89677 Warren & Vullings, LLP 1603 Rhawn Street Philadelphia, PA 19111 (215)745-9800 Attorney for Plaintiff Diligent Recovery Systems, LLC, Assignee of MBNA 1603 Rhawn Street Shippensburg, PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Plaintiff, NO. (N. _ Gary Shearer 7500 Molly Pitcher Hwy, Lot 49 Shippensburg, PA 17257 Defendant. CIVIL ACTION NOTICE You have been sued in court If you wish to defend against the claim set forth m 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 fling 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 judgment may be entered against you by the court without further notice for any money claimed m 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. 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. AVISO Le han demendado a used en la cone. Si usW quiere defendetae de estas demandas ecpuestas en las pap= sigmentes, usted tiene veinte (20) dies de plaza al panir de Is fecha de Is demanda y Is noti6caciom Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a Is cone en forms escrita sus defensas o sus objeciones a las demandas en contra de an persona. Sea avisado que si usted no se defiende, Is cone tomam medidas y puede continuar la demands en contra says sin prewo am o noti6cacm Ademas, la cone puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de estas demands. Usted puede perch dicem o sus propiedades a otms derechos imponantes parr usted. LLEVES ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TINE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVCCO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Bruce K. Warren, Esquire Atty. I.D. No. 89677 Warren & Vullings, LLP 1603 Rhawn Street Philadelphia, PA 19111 (215)745-9800 Attorney for Plaintiff Diligent Recovery Systems, LLC, Assignee of MBNA 1603 Rhawn Street Philadelphia, PA 19111 Plaintiff, VS. Gary Shearer 7500 Molly Pitcher Hwy, Lot 49 Shippensburg, PA 17257 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY 6? 2Y NO. 06' CIVIL ACTION 1. Diligent Recovery Systems, LLC, Assignee of MBNA, hereinafter referred to as Plaintiff, is a Pennsylvania Corporation with its headquarters at 1603 Rhawn Street, Philadelphia, PA 19111. 2. Gary Shearer, hereinafter referred to as Defendant, is an adult individual residing at the above captioned address. 3. At all times relevant herein, the Plaintiff was engaged in the business of debt purchase and collection. 4. On or about July 8, 2005 the Plaintiff was assigned all rights to certain credit card accounts from Collins Financial Services, hic., including the account opened by Defendant. See copy of the Bill of Sale attached as Exhibit "A". 5. On or about April 1, 1971the defendant opened the account and used the credit card account from MBNA. See copy of card holder agreement attached as Exhibit "B". 6. The Defendant used the account for the intended purpose, and made purchases with the card. 7. The Defendant has failed and refused to make payments on the account. 8. The Defendant's last payment was made on September 27, 2002. 9. The balance at the time of the last payment on account was $11,219.21. 10. Plaintiff seeks interest only at the legal rate of 6%. 11. Interest from the date of last payment equals $2,625.68. 12. The total amount due and owing Plaintiff is $13,844.89. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $13,844.89, plus costs and interest. Date: August 23, 2006 K. Warren, Esquire ev for Plaintiff EXHIBIT "A" EXHIBIT A ASSIGNMENT AND BILL OF SALE COLLINS FINANCIAL SERVICES, INC., A Texas corporation ("Seller") has entered into an Accounts Sale Agreement, dated July 8, 2005 ("Agreement") for the sale of Accounts described on Annex I thereof to Diligent Recovery Systems, LLC (`Buyer"), upon the terms and conditions set forth in that Agreement. NOW, TBEREFORE, for good and valuable consideration, Seller hereby sells, assigns, and transfers to Buyer all of Seller's rights, title and interest in each and every one of the Accounts described in the Agreement, provided however such transfer is made without any representations, warranties or recourse, except as provided in the Agreement. Buyer and Seller agree that the Purchase Price shall be as stated on Annex 11, attached to the Agreement. IN WITNESS V7=OF, Seller has signed and delivered this instrument on the 't `- day of 2005. Collins Financial Name: Tony Title: Vice Inc. -19- EXHIBIT "B" 4 I , 1 , Great Cara Agreement General In. this Credit Card Agreement, the words "you" and "vcur" refer to each and all of the persons who accept 2 credit card Issued by u, or undCr an account we hold. This Credit Card Agre°_ment (the -Agreement-) consists of this document and the terms and conditions set forth in the Required Federa! Disclosures section of the accompanying card carrier, which is incorporated herein and made a part hereof. The words, "we," `us," "our- and -MBNA America" mean MBNAAmerica Bank, NA. VIner, you accept or Use the ac.ourrt, you agree to the terms in this Agreement. You should sign your card before you use it, . You consent to and authorize MBMLkAmcrica, any of its affiliates, or its marketing associates to rionitor and/or record any of your telephone conversations with our repre- sentatives or the representatives of any of those companies. Ali capitali`.d terms nvt defined herein shall have the meaning as deRned in the Requird Federal DisclosUMS Seetian of your card carrier. Information Gathering and S,iarrfng From time totlme, we may obialn updated informa- tlen about you including, for example, cmdlt infor ma- tron. We may share information about you with credit' rapo?ing agencies and others, including merchants, and among companies affiliated witli us. You may request that information about you not be shared among our affiliates, other than information pertaining solely to transactions or experiences between you and us for an MENA America affiliate), by writing us at MBNA, Affiliate Information Sharing, P.O. Sox )5342, Wilmington, DE 1989M342., Neese Include ;rout name, address, home phone number and all MoNAAmerica account numbers. If you believe that inaccurate or incomplete information about you or your account has been shared by us with a credit reporting agency, write to us at: MDNA, Credit Reportina A;encies, RD, i7ox ]7054, Wilmington, DE 19884-7054. Please incl ude your name, address, home phone number, and account number, and explain which information you believe is inaccurate or lnc"oinplete_ Bruce K. Warren, Esquire Warren & Vullings, LLP 1603 Rhawn Street Atty. I.D. No. 89677 Philadelphia, PA 19111 (215)745-9800 Attorney for Plaintiff Diligent Recovery Systems, LLC, Assignee of MBNA 1603 Rhawn Street Shippensburg, PA 17257 Plaintiff, VS. Gary Shearer 7500 Molly Pitcher Hwy, Lot 49 Shippensburg, PA 17257 Defendant. . COURT OF COMMON PLEAS . CUMBERLAND COUNTY NO. VERIFICATION BRUCE K. WARREN, ESQUIRE, being duly sworn according to law, deposes and says that he is the Attorney for the Plaintiff in the within action and verifies that the within pleading is based upon information famished to counsel. or otherwise gathered by counsel in the course of the trial. The language of the pleading is that of counsel and not of the Plaintiff. To the extent that the contents of the pleading are that of counsel, verifier has relied upon information gathered in taking this verification or information presented at trial or research available to verifier. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. By:. K. Warren, Esquire ey for Plaintiff Date: August 23, 2006 ? U t n} T L/1 T' ^7 G Renee K. Simpson Deputy Prothonotary Curtis R. Long Prothonotary ` office of the protbonotarr C,urabertaub "U'Xtp John E. Slike Solicitor CVIL TERM ORDER OF TERMINATION OF COURT CASES Tx OF OCTOBER, 2009, AFTER MAILING NO ATICE OF AND NOW THIS 28 DAY INTENTION TO PROCEED AND RECEI I ICESIN A CORDANCE WITH PA CASE IS HEREBY TERMINATED WIT R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573 One Courthouse Square