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Home My WebLink About06-71612030922 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 MRC Receivables Corporation as Assignee of Household- Arbor 6851 Jericho Turnpike, St Syosset, NY 11791 VS. PATRICIA SMITH 36 DREXEL PL NEW CUMBERLAND PA 17070-2202 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : d4 -'71&1 &-t C 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. Plaintiff is a debt buyer and successor in interest to the original creditor as set forth in the caption of this Complaint. 2. At all times relevant hereto, the defendant was the holder of a credit card, which at the request of the defendant was issued to the defendant by the plaintiff under the terms of which the plaintiff agreed to extend to defendant the use of plaintiff's credit facilities. 3. Defendant 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. 4. The defendant received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of an affidavit of indebtedness is attached hereto as Exhibit "A". 5. All the credits to which the defendant is entitled have been applied and there remains a balance due in the amount of $1,186.16. 6. Plaintiff has made demand upon the defendant for payment of the balance due of $1,186.16 but the defendant has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant's last payment on account was made on January 10, 2004. WHEREFORE, plaintiff claims of the defendant the sum of $1,186.16 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERI I. W NBE G, ESQUIRE PAUL M. SCHOF JR., ESQUIRE Attorney for Plaintiff P01A.DB VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff 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. W n ESQUIRE 2030922 MRC Receivables Corporation as Assignee of Household- Arbor PATRICIA SMITH 5488975000850589 AFFIDAVIT I, SARA RUBIN, 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. After allowing for all offsets and credits, a balance remains on the subject account having account number 5488975000850589in the amount of $994.00; 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 t the bes of my knowledge, information and belief. SARA UB N Sworn to and S sc bed before _me, this day of I Ir AWT/ 1, 2006 Notary pluklic KWWONANM NC?Iy?bG M Nt?prk QM@WWP 10 1410"0 OOW* O=Mft l6t M dWy21, 2007 l6a x? vl N rTl ?a (100 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 MRC Receivables Corporation as Assignee of Household- Arbor COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. PATRICIA SMITH DOCKET NO. : 06-7161 PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, PATRICIA SMITH, and assesses the damages as per statement below. FREDERIC I. WEINBER SQUIRE PAUL M. SCHOFIELD, J ESQUIRE Attorney for Plaintiff Principal $994.00 Interest from 9/21/06 @91 $33.83 Costs (Complaint & Service) $98.46 Total: $1,126.29 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. "'2? FREDERIC I. W G, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, thisday of 2007 Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum of , $1,126.29 as per the above certification. ?7 /11 I ?'z - I 'CK484 Prot notary . f 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 MRC Receivables Corporation as Assignee of Household- Arbor COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. PATRICIA SMITH DOCKET NO. : 06-7161 CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; MRC Receivables Corporationas Assignee of Household- Arbor and that the last known address of defendant, PATRICIA SMITH, 36 DREXEL PL, NEW CUMBERLAND PA 17070-2202. GORDON & WEINBERG, P.C. BY: FREDERIC I WEI ERG, ESQUIRE PAUL M. SC LD, JR.,ESQUIRE Attorney for Plaintiff GORDON & WEINBERG, P.C. i 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 MRC Receivables Corporation as Assignee of Household- Arbor VS. PATRICIA SMITH COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-7161 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, 36 DREXEL PL, NEW CUMBERLAND PA 17070-2202; 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 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHRISTINE M. COLbN, Notary Public City of Philadelphia, Phila. Cegunty yam?jr 18 2009 x i? FREDERIC I. WEI ERG, ESQUIRE PAUL M. SCHOFIELD, JR. ESQUIRE Attorney for Plaintiff - 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 2030922 MRC Receivables Corporation as Assignee of Household- Arbor VS. PATRICIA SMITH TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-7161 NOTICE OF INTENTION TO TAKE DEFAULT PATRICIA SMITH 36 DREXEL PL NEW CUMBERLAND PA 17070-2202 DATE OF NOTICE/FECHA DEL AVISO: January 23, 2007 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. /BY: FREDERIC I. WEINBERG, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE P10D-2 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 2030922 MRC Receivables Corporation as Assignee of Household- Arbor vs. PATRICIA SMITH COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-7161 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 $1,126.29. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. BY: FREDERIC WEIN RG, ESQUIRE PAUL M. SC LD, JR.,ESQUIRE Attorney for Plaintiff Dated: February 6, 2007 Q g ON `mot i f•' ?C_l l ? Q -: CA C SHERIFF'S RETURN - REGULAR CASE NO: 2006-07161 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MRC RECEIVABLES CORPORATION VS SMITH PATRICIA SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMITH PATRICIA the PLAINTIFF at 1644:00 HOURS, on the 28th day of December-, 2006 at 36 DREXEL PLACE NEW CUMBERLAND, PA 17070-2202 by handing to PATRICIA SMITH a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: Docketing Service Affidavit Surcharge 4-" 1/1g101 18.00 14.96 .00 10.00 .00 42.96 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/02/2007 GORDON & WEINBERG By. zl__? Deputy Sheriff A. D. 77 ..r 4Ir q1j.w GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2030922 MRC Receivables Corporation as Assignee of Household- Arbor 6851 Jericho Turnpike, St Syosset, NY 11791 VS. PATRICIA SMITH 36 DREXEL PL NEW CUMBERLAND PA 17070-2202 and Wachovia Bank 604 E High Street Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-7161 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against PATRICIA SMITH defendant(s)and (2) against Wachovia Bank garnishee(s) (3) AMOUNT DUE $1,126.29 INTEREST from February 20, 2007 $146.54 COSTS Prothonotary fee Sheriff fee TOTAL FREDERIC I. EI ERG, ESQUIRE JOEL M. FLIN , ESQUIRE Attorney for Plaintiff -w W S? C- Z Ql It's -04,4CL c- e c o ?? \ p V " w r-.J raj ? Y1 Q ..C r -. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7161 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MRC RECEIVABLES CORPORATION, Plaintiff (s) From PATRICIA SMITH, 36 DREXEL PL., NEW CUMBERLAND, PA 17070-2202 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of WACHOVIA BANK, 604 E HIGH STREET, CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,126.29 Interest FROM 2/20/07 - $146.54 Atty's Comm % Atty Paid $134.46 Plaintiff Paid Date: MARCH 23, 2009 L.L. $.50 Due Prothy $2.00 Other Costs Q Curti4 R. Long o of (Seal) By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 Sheriffs Office of Cumberland County R Thomas Kline ° a of CUfRbrx' Edward L Schorpp Sheri r Solicitor Cs , Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF rr4 SNERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/27/2009 02:10 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 27, 2009 at 1410 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Patricia Smith, in the hands, possession, or control of the within named garnishee, Wachovia Bank, 604 E. High Street, Carlisle, Cumberland County, Pennsylvania, 1701 by handing to Daniele Horn, Teller personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him/her. The writ of execution and notice to defendant was mailed on 03-30-09 to Patricia Smith at her last known address of 36 Drexel Place, New Cumberland, PA 17070. 06-71 61 MRC Receivables Corp. vs Patricia Smith So Answers, R. Thomas Kline, Sheriff By: eputy Sheriff 0O 3o MRC RECEIVABLES CORPORATION AS ASSIGNEE OF HOUSEHOLD-ARBOR COURT OF COMMON PLEAS COUNTY OF CUMBERLAND vs. PATRICIA SMITH and NO. 06-7161 WACHOVIA BANK, N.A., GARNISHEE ATTORNEY I.D.# ORDER TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, Wachovia Bank, National Association, discontinued, upon payment of your costs only. FREDERI I. VJEINBERG Attorney for 'ntiff r 11' rt , X73N A Y 2 1 , C 43.00 Po Arn cv* -un4a Il' aas 1.0Q9 V J i Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 01*y 2410 MAR 31 PM 12-* J3 Z7. r, CAMa MRC Receivables Corporation as Assignee of Household-Arbor vs. Patricia Smith Case Number 2006-7161 SHERIFF'S RETURN OF SERVICE 03/27/2009 02:10 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 27, 2009 at 1410 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Patricia Smith, in the hands, possession, or control of the within named garnishee, Wachovia Bank, 604 E. High Street, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Daniele Horn, Teller personally three copies of interrogatories together with three tru( and attested copies of the writ of execution and made the contents there of known to him/her. The writ of execution and notice to defendant was mailed on 03-30-09 to Patricia Smith at her last known address of 36 Drexel Place, New Cumberland, PA 17070. 03/30/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $86.58 March 30. 2010 SO ANSWERS, RON R ANDERSON, SHE F B Sharon R, Lantz po( Co. 7 a3?'?r70 c; CountySulte hentf "( eu"'M' Inc r 4. / " WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7161 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MRC RECEIVABLES CORPORATION, Plaintiff (s) From PATRICIA SMITH, 36 DREXEL PL., NEW CUMBERLAND, PA 17070-2202 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of WACHOVIA BANK, 604 E HIGH STREET, CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,126.29 Interest FROM 2/20/07 - $146.54 Atty's Comm % Atty Paid $134.46 Plaintiff Paid Date: MARCH 23, 2009 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs C R. Long, P o t By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 2030922 GORDON & WEINBERG, P.C. C o BY: FREDERIC I. WEINBERG, ESQUIRE :5. ° a Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.. 41200 _ ?- 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 r C? 484/351-0500 .?; N) •• ?' :.? c MRC Receivables Corporation as Assignee of Household- Arbor COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. PATRICIA SMITH DOCKET NO. : 06-7161 ORDER TO SATISFY JUDGHMiT TO THE PROTHONOTARY: Kindly mark the judgment entered February 20, 2007 in the above-captioned matter satisfied upon payment of your costs only. GORDON & WEINBERG, P.C. BY: FREDERIC WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P005 u-00 Pp AT'r4 e,#,01555