HomeMy WebLinkAbout06-7271
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GREGG L. MORRIS, ESQ.
PATENAUDE & FELIX, A.P.c.
213 E. MAIN STREET
CARNEGIE, P A 15106
(412) 429-7675
FACSIMILE (412) 429-7679
P A ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RESURGENCE FINANCIAL, LLC
Plaintiff,
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) NO. D~ -7:171
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G~~LJ-~
v.
SCOTT G BATSON,
Defendant( s).
COMPLAINT IN CIVIL ACTION
Filed on behalf of:
RESURGENCE FINANCIAL, LLC,
Plaintiff
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 East Main Street
Carnegie, P A 15106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RESURGENCE FINANCIAL, LLC,
Plaintiff,
)
)
) NO.
)
)
)
)
)
)
)
v.
SCOTT G BATSON,
Defendant.
NOTICE TO DEFEND
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 judgment 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TillS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT illRING A LAWYER.
IF YOU CANNOT AFFORD TO illRE A LAWYER, TillS OFFICE MAYBE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, P A 17013
717-249-3166
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2006-07271 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
RESURGENCE FINANCIAL LLC
VS
BATSON SCOTT G
R. Thomas Kline
duly sworn according to law, says, that he made a diligent search and
,Sheriff or Deputy Sheriff, who being
inquiry for the within named DEFENDANT
BATSON SCOTT G
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
the within named DEFENDANT
324 PINEWOOD DRIVE
CAMP HILL, PA 17011
DEFENDANT LIVES IN CALIFORNIA.
, NOT FOUND , as to
, BATSON SCOTT G
HIS CELL PHONE NUMBER IS 760-521-2097.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18.00
13.20
5.00
10.00
.00
46.201:\
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Sworn and Subscribed to before
me this
day of
A.D.
So
,e:;,' "
County
PATENAUDE & FELIX
01/03/2007
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
RESURGENCE FINANCIAL, LLC,
Plaintiff
)
~ NO. Dl- - 7).? I
)
)
)
)
)
)
)
{!,oL'T ~
v.
SCOTT G BATSON,
Defendant
COMPLAINT IN CIVIL ACTION
AND NOW, comes Plaintiff, RESURGENCE FINANCIAL, LLC the purchaser and
assignee of the obligation under suit, by and through its attorney, GREGG L. MORRIS,
ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following
Complaint in Civil Action, and in support thereof aver as follows:
1. Plaintiff, RESURGENCE FINANCIAL, LLC, is a corporation, maintaining a
place of business at 4100 COMMERCIAL AVENUE, NORTHBROOK, IL 60062.
2. Defendant is SCOTT G BATSON, an adult individual, believed to currently
reside at 324 PINEWOOD DRIVE, CAMP HILL, P A 17011.
3. Defendant owes the sum of$4,767.61 for credit extended by CITIBANK
(SOUTH DAKOTA), N to Defendant at Account No. 5424180357337119 .
4. CITIBANK (SOUTH DAKOTA), N sent Defendant monthly billing statements
setting forth the nature and amount of all charges made by Defendant, and the transactions
between CITIBANK (SOUTH DAKOTA), N and Defendant give rise to an account stated,
upon which Plaintiff and CITIBANK (SOUTH DAKOTA), N have relied.
5. The Defendant made payments on the account, but has refused to pay, and now
refuses to pay the balance due and owing on the aforesaid account in the sum of$4,767.61,
plus interest and costs.
6. Defendant is in default for failing to make payments on the aforesaid account
when payments were due.
7. Plaintiff purchased and now owns the aforesaid account. A copy of a Billing
Statement is attached hereto as Plaintiffs Exhibit "A" and is incorporated herein by
reference.
8. Plaintiffhas demanded payment but Defendant has failed or otherwise refused to
pay the aforesaid sum due.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in
the amount of$4,767.61, plus legal interest from the date of breach, with continuing interest
at the legal rate thereon from the date of Judgment plus costs. The damages requested are
less than the maximum amount for compulsory arbitration as set by the Court.
Respectfully Submitted:
Patenaude & Felix, A.P.C.
G 0
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
~TATE OF ILLINOIS
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· COUNTY OF COOK
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RESURGENCE FINANCIAL, LLC,
an Illinois Limited Liability Company
Plaintiff
)
)
)
) No.
)
) AFFIDAVIT
)
)
)
v.
SCOTT G BATSON
Defendant( s).
I, John H. Over, being ftrst duly swom deposes and states as follows:
That I am over the age of 21, under no legal disability, and if called and sworn as a witness in this cause, would testify that I have
personal knowledge of the facts set forth in this petition.
That I am a duly authorized agent of Resurgence Financial, LLC, organized and existing under the laws of the State of Illinois,
authorized to do business in California, with its primary place of business located at 4100 Connnercial Avenue, Northbrook, Illinois
60062.
That Resurgence Financial, LLC, is the current owner of this account. That the account number 5424180357337119 was purchased by
Resurgence Financial, LLC from Citibank (South Dakota), N.A..
That I am familiar with the computer records of SCOTT G BATSON, with Resurgence Financial, LLC.
That I am familiar with how to search the records of Resurgence Financial, LLC, to determine the status of accounts with our company.
That I have the authority to review the computer records of Resurgence Financial, LLC.
That I have reviewed the records of Resurgence Financial, LLC, which reflects that SCOTT G BATSON, was issued a credit card by
Citibank (South Dakota), N / PLATINUM SELECT, with an account number of5424180357337119, and that SCOTT G BATSON
defaulted in making payments pursuant to the Cardholder Agreement.
That there is justly due and owing on the account by the Defendant, to Resurgence Financial, LLC, the sum of money set out in the
attached statement of account amounting to $5,395.89 representing the principal and $205.49 representing the accrued interest as of
October 17, 2006. The total balance due to Resurgence Financial, LLC is $5,601.38.
That a diligent inquiry was made to determine if the Defendant is in the military service of the United States of America, and that it has
been determined that the Defendant is not in such military service and therefore not entitled to the rights and privileges provided under
the 50 USC Section 521, entitled: Service Members Civil Relief Act of2003, as amended.
JOHNH.iJfvrA -I)~
Dated: October 17, 2006
SUBSCRIBED ~ SWOjrn' TO,
before me thisL/!.!lI1ay of U(it/bC(:20i21t.
~,
Notary Public
Its duly authorized agent
RESURGENCEFINANCL\L,LLC
My Corrunission Expires:
11 "OFFICIAL SEAl"
=~ SPECK
COMMISSION EXPItfS 08/04/10
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RESURGENCE FINANCIAL, LLC - STATEMENT OF ACCOUNT
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· Seller and Assignor: Citibank (South Dakota), N.A.
Name ofDebtor(s): SCOTT G BATSON
Address ofDebtor(s): 324 PINEWOOD DRIVE, CAMP HILL PA 17011
Date of Last Payment: June 15,2004
Original Account Number: 5424180357337119
Resurgence Financial, LLC Account Number: CA020035
Account Purchase date by Resurgence Financial, LLC: May 26th, 2006
Interest Rate: 10%
Principal Amount: $5,395.89
Interest Amount: $205.49, as of October 17, 2006
Total Amount Due: $5,601.38, as of October 17, 2006
DATE: October 17, 2006
Resurgence Financial, LLC
4100 Commercial Avenue
Northbrook, IL 60062
" '
VERIFICATION
AND NOW, GREGG L. MORRIS, verifies the statements made in this Complaint
that are true and correct to the best of his knowledge, information and belief. I
understand that false statements herein are made subject to the penalties ofPa.e.S.
Section 4904, relating to unsworn falsification to authorities.
By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and
the verification cannot be obtained within the time allowed for the filing of this pleading,
the pleading is submitted by counsel having sufficient knowledge, information and belief
based upon the information provided to him by the Plaintiff. The verification of the party
will be provided if requested.
Date: December 15,2006
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GREGG L. MORRIS, ESQ.
PATENAUDE & FELIX,A.P.C.
213 E. MAIN STREET
CARNEGIE, P A 15106
(412) 429-7675
FACSIMILE (412) 429-7679
P A ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RESURGENCE FINANCIAL, LLC
Plaintiff,
) NO. 06-7271
)
)
)
)
)
)
)
)
)
v.
SCOTT G BATSON,
Defendant( s).
PRAECIPE TO SETTLE
AND DISCONTINUE
WITHOUT PREJUDICE
Filed on behalf of:
RESURGENCE FINANCIAL, LLC,
Plaintiff
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 East Main Street
Carnegie, PA 15106
(412) 429-7675
",_.""
.."
. . . ..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
RESURGENCE FINANCIAL, LLC, )
)
Plaintiff ) NO. 06-7271
)
v. )
)
SCOTT G BATSON, )
)
. Defendant( s) )
)
PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE
TO: Prothonotary
Please settle and discontinue the matter captioned above without prejudice. Thank you.
Date: January 08, 2007
GG . S,
enaude & Felix, A.P.C.
13 E. Main Street
Carnegie, P A 15106
(412) 429-7675
Sworn to and subscribed before me
this lday of ~,\.J(A^J 20~,
~ 1\ . ~~
Notary Public
NO TARIAL SEAL
ERIN N BAlTZELL
Notary Public
CARNEGIE BOROUGH, ALLEGHENVCOUNlY
My CommIssIon Expires Ju/21, 2010
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