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HomeMy WebLinkAbout08-25172042435 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. 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 AMERICAN EXPRESS CENTURION BANK 200 Vesey Street WFC 01-4 New York,NY 10285 Vs. Gregg Wells 1516 Terrace Ave Carlisle PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 0g _ 02,517 0., Ivi( (ere., 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 the Statement of Account, if available, 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 $22,779.93. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $22,779.93 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 9/1/04. WHEREFORE, plaintiff claims of the defendant(s) the sum of $22,779.93 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W RG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A 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 NBE , ESQUIRE EXHIBIT "A" z 818 Gregg Wells _M s= 372310871252006 40 L2 535 2042435 AMERICAN EXPRESS CENTURION BANK AFFIDAVIT I '.an. sworn according to law, depose and say that: being duly served 1. 1 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• Plaintiffs 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 372310871252006in the amount of $22,779.93; and 6• If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true information and belief. orregt to the fiant) Sworn to and Subscribed before me thisr-;257f" day of -JA f---, moo 208 Nota3?yi 11blic Ct?? my knowledge, TI rc wti? r? ral 00 T? L n . 00 ti G .-< D C SHERIFF'S RETURN - REGULAR CASE NO: 2008-02517 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN EXPRESS CENTURION BAN VS WELLS GREGG TIMOTHY REI Z Sheriff or Deputy Sheriff of Cumberland ounty,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WELLS GREGG the DEFENDANT at 1516 TER CARLISLE, P GREGG WELLS at 2112:00 HOURS, on the 30th day of April , 2008 AVENUE 17013 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: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 p ?;- 00 33.00 Sworn and S bscibed to before me t is day of , So Answers: R. Thomas Kline 05/01/2008 GORDON & WEINBERG By. D puty Sh riff A.D.