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HomeMy WebLinkAbout07-4330NC021910 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 CITIFINANCIAL COURT OF COMMON PLEAS ATTN: PAYMENT PROCESSING CUMBERLAND COUNTY FORT MILL, SC 29715 ~~ vs . DOCKET NO. Orf- Cily~ ( ~prIVI FRANK E COOVER 19 WYRICK AVE SHIPPENSBURG PA 17257 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. 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)the 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 an Affidavit 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 $9,348.60. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $9,348.60 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 6. Defendant's last payment on account was made on 8/11/04. WHEREFORE, plaintiff claims of the defendant(s) the sum of $9,348.60 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. E ERG, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiff POlA 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. EI ERG, ESQUIRE EXHIBIT "A" ' 1118 NC021910 CITIFINANCIAL • FRANK E COOVER , 2009080325096 AFFIDAVIT . I~~~)~~}~~~ (' ~~~`~ being duly served sworn according to law, depose an say that: .~ • 1. I am•the agent fox L-he 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; ' S. After allowing for all offsets and credits, a balance remains on the subject account having account number 2009080325096in the amount of $9,348.60; and ' 6.. If called upon, affianL- can testify at trial as to the facts pertaining l-o 'this matter. The above facts are true and correct to the best of my knowledge, information and belief. ~1 • ~ _ • ~ (NAME OF AFFIAN ) ~ ' Sworn to and Subscribed before me this o?$ day • of ~ 2007 .. ~''-~ . •Notary bliC ' ,~ '~~Ap,RO~~~4y~ Sondra Rpsenfeio • ~NO~aR~ .~ NOTARYP~18CfC . a ~,~® Montgomery Count . _ Aueuc ~= State of Maryiana . s ~` My Commission 6cpire~ • ~''~vca`~,,.~~~~~ June ~ ?yin o '~6a~ C ~' ~ i~ .p ti ~ am. `, -_., ~_i ~ ~~`~~ r~t~: ~ ; ~ --i .,r. , !`J , : -~ b r _ c~ ~ <-, .{ ' - ` ~ ~ ` -! ~ _ N 1 ~ rs _" ', ." -e .~ ~ "~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-04330 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL VS COOVER FRANK E KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COOVER FRANK E the DEFENDANT at 1814:00 HOURS, on the 26th day of July 2007 at 19 WYRICK AVENUE SHIPPENSBURG, PA 17257 FRANK E COOVER by handing to 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: So Answers: Docketing 18.00 '~~ Service 19.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 ~~-ry~©~ ~/ 47.20 07/27/2007 GORDON & WEINBERG Sworn and Subscibed to By: before me this day D put S eriff of A.D.