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Home My WebLink About09-0262f s_ 2046473 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 GE MONEY BANK D/B/A OLD NAVY 4125 Windward Plaza Drive Alpharetta,GA 30005 VS. Michelle Smith 2825 Columbia Ave Camp Hill PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : aQ 0, "ZDt ? 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 . 9 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 as of November 11, 2008 in the amount of $2,788.33. 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 4/11/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,788.33 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: G, ESQUIRE FREDERIC I. WEI WIRE JOEL M. FLINK, Attorney for Plaintiff P01A t 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. - 11-? FREDERIC I. WEINB G ESQUIRE EXHIBIT "A" t ? 2244 2046473 GE M=Y BANK D/B/A OLD NAVY Michelle Smith 6018596090781943 AFFIDAVIT I, ? O L /"T/-1 Co tgse , being duly served sworn according to law, depose and say that: 1. I 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. 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; 5. After allowing for all offsets and credits, a'balance remains on the subject account having account number 6018596090781943in the amount of $2,788.33; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. (N of Affiant) Sworn to and Subscribed before me this day of Y , 2008 r Notary Public % L D& .§`?g?ON Ekp? • ? QQ 'off '(ARY 90m•. y. AW Cc PLRNP evv %,?M/coUN? ?l;. Dgcumen"CName: Helene Thomason SMITH, MICHELLE ACCT# 6018596090781943 2825 COLUMBIA AVE REF DATE 10/22/07 CAMP HILL, PA 17011 NCI-ID 07296166684 REF AMT 2,788.33 GE FINANCE BAL DUE 2,788.33 S T A T E M E N T O F A C C O U N T ******************************************************************************* TRANSACTION DATE AMOUNT BALANCE ------------------------ -------- -------------- -------------- ******** LAST ACTIVITY ******** Date: 10/16/2008 Time: 9:36:56 AM ?. 44 v f D, Z L? t-, rv ' HI M r f w t _ t 10(/) SHERIFF'S RETURN - REGULAR CASE NO: 2009-00262 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GE MONEY BANK D/B/A OLD NAVY VS SMITH MICHELLE SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMITH MICHELLE the DEFENDANT , at 1932:00 HOURS, on the 23rd day of January , 2009 at 2825 COLUMBIA AVE CAMP HILL, PA 17011 by handing to MICHELLE SMITH a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.0 12.660 .00 y 10.00 R. Thomas Kline .00 40.60 01/26/2009 GORDON & WEI G c? By: day Deputy Sherif A.D. '_`' - v = ?.ve» «?'?, ? f. i A ..„,"y f ?? £;5„Y 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 GE MONEY BANK D/B/A OLD NAVY 4125 Windward Plaza Drive Alpharetta,GA 30005 VS. Michelle Smith 2825 Columbia Ave Camp Hill PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-262 JODGMENT BY AGREEMENT AND NOW, this qldv day of ?"_-U"' 2009, it is hereby stipulated and agreed to by and between, Michelle Smith her successors and assigns and Frederic I . Weinberg, Esquire, counsel fpr'pA ; .; GE MONEY BANK D/B/A OLD NAVY that the Court enter a determination in the above-captioned case as follows: 1. Judgment shall be entered in the amount of Two Thousand Nine Hundred Sixty Six Eighty Three ($2,966.83) in favor of GE MONEY BANK D/B/A OLD NAVY and against, Michelle Smith her successors and assigns; 2. Plaintiff, GE MONEY BANK D/B/A OLD NAVY will agree to accept the sum of $75.00 per month from, Michelle Smith her successors and assigns. The first payment of $75.00 per month shall become due {7.Mi(. PiC and payable on February 15,2009 and then on the 15th of every month-"!z, thereafter until the Stipulated Judgment is paid in full; 3. In the event that Michelle Smith her successors and assigns do not make payments as prescribed in paragraph 2, they will be . considered in default and the Plaintiff, GE MONEY BANK D/B/A OLD NAVY shall be allowed to exercise any and all remedies available at law. 4. The Parties to this action have authorized their respective counsel and agent to enter into this agreement on their behalf and by doing so this agreement will be binding on both that Michelle Smith her successors and assigns and, GE MONEY BANK D/B/A OLD NAVY its successors and assigns. Date: o 09 A.06'. A OLA Mic lle Smith t cyf w?, Defends Date: ?i l Lt?( FREDERIC I INBERG, Esquire Attorney for Plaintiff I.D. #41360 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 7ML r. - 2046473 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 GE MONEY BANK D/B/A OLD NAVY COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 09-262 Michelle Smith NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. IXI Judgment by Agreement $2,966.83 Money Judgment $ Judgment on Award of Arbitrators$ L 1 Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 Al Is. PR THONOTARY WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-262 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GE MONEY BANK D/B/A OLD NAVY Plaintiff (s) From MICHELLE SMITH AT 2825 COLUMBIA AVE. CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of BELCO COMMUNITY CREDIT UNION AT 3500 TRINDLE ROAD CAMP HILL, PA 17011 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,698.83 L.L. $.50 Interest FROM MARCH 12, 2009 -- $325.10 Atty's Comm % Due Prothy $2.00 Atty Paid $160.10 Other Costs Plaintiff Paid Date: February 7, 2011 1 Davi ell, rotho o ary (Sea1) By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 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 GE MONEY BANK D/B/A OLD NAVY 4125 Windward Plaza Drive Alpharetta,GA 30005 vs. Michelle Smith 2825 Columbia Ave Camp Hill PA 17011 and Belco Community Credit Union 3500 Trindle Road Camp Hill PA 17011 GARNISHEE 2046473 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-262 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland Country; (1) against Michelle Smith defendant(s)and (2) against Belco Community Credit Union garnishee(s) (3) AMOUNT DUE $2,966.83 INTEREST from March 12, 2009 $32.5.10 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account ( $268.00) TOTAL tV, phi t4,4inb-try y?. Ito flAL 1 t1. 0o -56 W, lG ? l (%o (q3 531 2 cn t"" -,C A w ? FREDERIC I. WEINBEkRa, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff rr.> _n M tx7 t ?.t -v Z N rv 00 C) °rq -I tr, CJ -rj r.? t FT14 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t' ILL-tE F iL _ .,+4??+,tl" 0? 11 ?Itltrr?c"t?j I I'1? "'XI Jody S Smith Chief Deputy 2011 FEB 17 M 11 Richard W Stewart Solicitor - E R L A N 'D 4" J r d GE Money Bank d/b/a Old Navy Case Number vs. Michelle Smith 2009-262 SHERIFF'S RETURN OF SERVICE 02/11/2011 01:10 PM - Ryen Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 11, 2011 at 1307 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Michelle Smith, in the hands, possession, or control of the within named garnishee, Belco Community Credit Union, 3500 Trindle Road, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Eileen Simpson, Teller 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 February 16, 2011 to Michelle Smith at 2825 Columbia Avenue, Camp Hill, PA 17011. SO ANSWERS, February 16, 2011 RON R ANDERSON, SHERIFF Ryan Burgett, Deputy 2046473 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 GE MONEY BANK D/B/A OLD NAVY COURT OF COMMON PLEAS CUMBERLAND COUNTY .... vs. DOCKET NO. : 09-262 Michelle Smith -rte and Belco Community Credit Union } Garnishee rv -- PRAECIPE TO DISSOLVE ATTACMMNT ° TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's ba k n account with Belco Community Credit Union, as Garnishee in th e above entitled ---- :matter. GORDON & WEINBERG, P.C. BY: FREDERIC I. EI ERG, ESQUIRE JOEL M. FLI ESQUIRE -- FO11 Attorney for Plaintiff 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 - 2046473 Ul) -43;1' T , a C.) r-; G .e GE MONEY BANK D/B/A OLD NAVY VS. Michelle Smith COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-262 ORDER TO SATISIPY JUDGMENT TO THE PROTHONOTARY: Kindly mark the judgment entered March 12, 2009 in the above-captioned matter satisfied upon payment of your costs only. GORDON & WEINBERG, P.C. BY: FREDERI I. T?ZINBER ESQUIRE JOEL M. F K, ESQUIRE Attorney for Plaintiff P005 G % Q. OD a Cash