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HomeMy WebLinkAbout09-0004~. 2053644 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 AMERICAN EXPRESS CENTURION BANK 200 Vesey Street WFC 01-4 New York,NY 10285 vs. Carlos Rivera 19 Heidi Ter Camp Hill PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO . 09 - pppt~ ~~V ~ ( ~~ 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 December 11, 2008 in the amount of $2,752.72. 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 3/4/08. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,752.72 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I . ~63~E'INBERG, 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. BERG, ESQUIRE EXHIBIT "A" 818 2053644 AMERICAN EXPRESS CENTURION BANK Carlos Rivera 371753817331007 l~.el~v dark I, and say that: AFFIDAVIT being duly served sworn according to law, depose 1. I am the agent for the Plaintiff herein aad I have custody aad control of the files relating to this account; 2. I have personal knowledge of the facts aad circumstances in connection with this case; 3. Plaiatiff~s files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract aad that damages are sought as a direct result of said breach; 5. There is aaov due aad ooving from defendant to plaintiff, the amount of $2,752.72 plus interest of $.00 at the rate of 09s less credits is the amount of $.00 totaling $2,752.72 as of November 12, 2008. 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. Sworn to and Subscribed before me this,~'~ G~ day f 1 `~~ L of ~-% - .- 2 0 0 8 ®~ Notary,/'Pu is s~~~ ~;l `~ ~a r ~~`~ ~ R ~ , nZ µ , 1 ~ R ~t~{ LFJ \ r !S r r ,, ~: -~.> fi~ ~:-~ :~ ~=~r_ ;_ ~~ >~ ,t 0 Sheriff s Office of Cumberland County R Thomas Kline .~Q-;~~'~~ sheriff C3F ?HE P~D~'~ .~NJ~ARY ~~,~~tits ~i ~~i:u~»~,t~jr~ Ronny R Anderson Chief Deputy Z~~9 OCT "~ ~~ ~0' Z Jody SSmith -.. ...., , Civil Process Sergeant =~` ~ -`~'=~ ~~~~`-1~•1-t "`"" i.;~U~ ~ENivS i'LV,'-t^vlt~ Edward L Schorpp Solicitor American Express Centurion Bank vs. Case Number Carlos Rivera 2009-004 SHERIFF'S RETURN OF SERVICE 09/29/2009 03:06 PM -Timothy R. Black, Deputy Sheriff, who being duly sworn according to law, states that on September 29, 2009 at 1500 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Carlos Rivera, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Kimberlee Borosky, Teller Banking Representative, 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 her. The writ of execution and notice to defendant was mailed on 10-02-09 to Carlos Rivera at 99 Creek Road, Selinsgrove, PA 17870. So Answers, ~ ~ r ~~.~1 R. T omas Kline, Sheriff By i• Dep ty Sheriff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY American Express Centurion Bank vs. Carlos Rivera ~~~~x1p of ti,tn~llrryi~! D F .. 20fi0 ~ ~~ r` ~ t3 ~~_ 2; i L~,ri `~ ~__ - -~~i`~~ P~1~ . _ U 'i'+ Case Number 2009-004 SHERIFF'S RETURN OF SERVICE 09/29/2009 03:06 PM -Timothy R. Black, Deputy Sheriff, who being duly sworn according to law, states that on September 29, 2009 at 1500 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Carlos Rivera, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Kimberlee Borosky, Teller Banking Representative, 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 her. The writ of execution and notice to defendant was mailed on 10-02-09 to Carlos Rivera at 99 Creek Road, Selinsgrove, PA 17870. 05/17/2010 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: $87.03 SO ANSWERS, ~y_^ May 17, 2010 RON R ANDERSON, SHERIFF Sharon R. Lantz . SC' ~ ~~- '; L'~un`ySui"e She~;B~. Te!MS:~tt_ 4nc.