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HomeMy WebLinkAbout09-3455s 8= 2058749 THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE r Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 ASSESSMENT OF GE MONEY BANK D/B/A LOWE'S VISA PLATINUM 4125 Windward Plaza Drive Alpharetta,GA 30005 VS. STEPHEN BOWMAN 42 CARLTON AVENUE CARLISLE PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 0q- 3q55 0,I (arm 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 a 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 April 28, 2009 in the amount of $4,407.25. 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 6/11/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,407.25 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. BERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff VERIFICATION 0 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. WEI BE , ESQUIRE EXHIBIT "A" 4 2244 STEPHEN BOWMAN 4305982481424268 2058749 09-03723-0 GE FINANCE-POST AFFIDAVIT I, Fran ie Dunn 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. There is now due and owing from defendant to plaintiff, the amount of $4,407.25 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $4,407.25 as of March 25, 2009. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and orrect to the best of my knowledge, information and belief. r AFFIANT Frankie Dunn Sworn to and Subscribed before me this day of Y I I Y 1`._L' , 2009 rb(I Ll.,? \MCCzz Notary Public. `?. o <<G'''. 23 y: ?013 :5b Q R I1 n, .*f78.5o Ply Al-rf tx? 08 t t o8 a? 1083 0 9i *;I Sheriffs Office of Cumberland County R Thomas Kline 4?ptr +t cumbex'4 Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFCE of THE S46R1FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/28/2009 07:08 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 28, 2009 at 1908 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Stephen Bowman, by making known unto Shirley Bowman, wife of defendant at 42 Carlton Avenue Carlisle Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWERS, May 29, 2009 R THOMAS KLINE, ERIFF MFUty Sheriff 2009-3455 GE Money Bank V Stephen Bowman (71m ? -rv i'7't zz: C ` W:J..1