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Home My WebLink About08-6598t NC030515 THIS IS AN ARBITRATION MATTER. 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 ASSESSMENT OF CITIFINANCIAL INC. ATTN: PAYMENT PROCESSING FORT MILL, SC 29715 Vs. CAROL SHERMAN 2610 WARREN WAY MECHANICSBURG PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : M ` I0598 eiv 1, 1-1&14 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 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 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 as of October 7, 2008 in the amount of $11,230.50. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due 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 6/1/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $11,230.50 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC IAA BERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A NC030515 3306580332662 CITIFINANCIAL INC. VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. Terence L. Robinson CFNA Network Recovery 1000263410 ZHMHLO Name EXHIBIT "A" NCO3O515 3306580332662 CITIFINANCIAL INC. Plaintiff, vs. CAROL SHERMAN Docket# AFFIDAVIT Defn?dant . ?4 &)46 ?lam , being of full age, hereby certify as follows: 1. I am more than 18 years of age and am competent to make this affidavit. 2. I am employed by plaintiff, CITIFINANCIAL INC. as a custodian of records for the records and facts at issue. 3. I am familiar with all of the facts and circumstances in connection with this case and have been authorized to make this certification in the above referenced case. 4. In the ordinary course of business and as a regular business practice, CITIFINANCIAL INC. Is employees or representatives with knowledge of the accounts compile business records memorializing account activity and transactions at or near the time they occur. 5. Entries in the files and business records of Plaintiff are made contemporaneously with transactions in order to preserve the accuracy of the transaction. 6. Plaintiff's files and business records are maintained by CITIFINANCIAL INC. 7. I have custody and control of the files and business records relating to this account. 8. There is now due and owing from defendant to plaintiff, the amount of $11,230.50 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $11,230.50 as of July 14, 2008. 9. The documents attached to this affidavit, if any, are true and accurate copies of business records regarding the Defendant's account. 10. Upon information and belief,, the Defendant is not now, nor has been within 30 days hereof, in the military service of the United States as defined in the Service members Civil Relief Act as amended nor an infant, incompetent, under mental defect or infirm. 11. Defendant is entitled to no known valid defenses, setoffs or counterclaims, and further states that written demand was made upon the Defendant. I affirm under the penalty of p,rjury that he above facts are tru d correct. Terence L. Ao9insor CFNA Network Reccwu( w / 11-- ? tA009R'44'r (NAME OF AFFIANT) Zf-MH!L Sworn to and Su sc 'bed bef?e m? thisf"day 008 !l 1`1 C Vary scha J. Early Public, State of Texas My Comm. Expires 04,2312011 m??_ d r Ln SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06598 P . COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIFINANCIAL INC VS SHERMAN CAROL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHERMAN CAROL but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT SHERMAN CAROL 2610 WARREN WAY MECHANICSBURG, PA 17050 NOT FOUND , as to PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answers: Docketing 18.00 Service 10.00 Not Found 5.00 R. T om s Kline Surcharge 10.00 Sheriff of Cumberland County .00 ??? 14 1v 43.00 GORDON & WEINBERG 11/12/2008 Sworn and Subscribed to befo re me this day of , A.D. David1D. Buell Prothonotary 4,irkS. Sohonage, EESQ, Solicitor knee Y, Simpson 1" Deputy TYothonotary Irene E. Morrow 2"d Deputy 1tothonotary office of the Prothonotary Cumberland County, Pennsylvania dER -45 ?g CIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717 240-6195 • Fa.X (717 240-6573