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HomeMy WebLinkAbout09-3571 2058080 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 JC PENNEY 4125 Windward Plaza Drive Alpharetta,GA 30005 VS. Robin Boeckel 221 W Dauphin St Enola PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. Oq - -:W71 aiv i I lerwL 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 as of April 28, 2009 in the amount of $1,735.38. 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 9/26/08. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,735.38 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE 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. W ERG, ESQUIRE EXHIBIT "A" 2244 2058080 09-02503-0 GE FINANCE-POST Robin Boockel 6008893463039002 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 accounts 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 $1,935.38 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $3„935.38 as of March 19, 2009. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and rrect to the best of my knowledge, information and belief. AFFIANT ran nn .. m , 2Y' CD. _ 2O `oee2013 qP , *? Sworn to and Subscribed before me this day 0 FI! t_i- _ _i T _ '78.550 Pb A TAM C CO 83'7(03 P--r*' oU59 iO l Sheriffs Office of Cumberland County R Thomas Kline p????tr at cvtl a6rr! Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy 0FRCE C, TAE =-ERIPfi Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/04/2009 08:40 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2009 at 2040 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robin Boeckel, by making known unto herself personally, defendant at 221 W. Dauphin Street Enola Cumberland, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS, June 05, 2009 R THOMAS KLINE, SHERIFF 2009-3571 GE Money Bank Deputy 85e--riff v Robin Boeckel rx L.. COURT OF COMMON PLEAS CUMBERLAND COUNTY GE MONEY BANK D/B/A JC PENNEY PLAINTIFF V. CASE NO. 09-3571 ROBIN BOECKEL DEFENDANT CERTIFICATE OF DISCOVERY The defendant hereby certifies that the following discovery requests were sent to plaintiff's attorney on this date, interrogatories, requests for admission and requests for production of documents. DATED this day of Robin Boeckel, Defendant CERTIFICATE OF SERVICE I Robin Boeckel hereby certify that a copy of the foregoing was sent to Plaintiff, by first class mail addressed to: Frederic I. Weinberg, Esquire, Attorney for Plaintiff at: 1001 E. Hector Street, Ste 220, Conshohocken, PA 19428 on this _ day of (I Cq 009 . By? OF THE 2009 JUL -6 A!110: 33 \l ry lk-dl VAN COURT OF COMMON PLEAS CUMBERLAND COUNTY GE MONEY BANK D/B/A JC PENNEY PLAINTIFF V. CASE NO. 09-3571 ROBIN BOECKEL DEFENDANT VERIFIED ANSWER Now comes the defendant and hereby specifically answers the allegations in plaintiff's complaint, to wit: 1. Defendant denies plaintiff's allegation number 1 and demands strict and authenticated proof thereof. 2. Defendant denies plaintiff's allegation number 2 and demands strict and authenticated proof thereof. 3. Defendant denies plaintiff's allegation number 3 and demands strict and authenticated proof thereof. 4. Defendant denies plaintiff's allegation number 4 and demands strict and authenticated proof thereof. 5. Defendant denies plaintiff's allegation number 5 and demands strict and authenticated proof thereof. 6. Defendant denies plaintiff's allegation number 6 and demands strict and authenticated proof thereof. 7. As to all allegations not specifically admitted herein, they are hereby denied and defendant demands strict and authenticated proof thereof each. VERIFICATION Defendant certifies that he has read the pleadings and affirmative defenses set forth herein, and that to the best of his knowledge, information and belief, formed after reasonable inquiry, believes that they are well grounded in fact and warranted by existing law or a good faith argument for the extension, modification or reversal of existing law, and that they are not imposed for any improper purpose such as unnecessary delay or to harass or needlessly increase the cost of litigation. DATED this 4day of _ ?Robin Beckel, 221 W. Dauphin St. Enola PA 17025 CERTIFICATE OF SERVICE I Robin Boeckel hereby certify that a copy of the foregoing was sent to Plaintiff, by first class mail addressed to: Frederic I. Weinberg, Esquire, Attorney for Plaintiff at: 1001 E. Hector Street, Ste 220, Conshohocken, PA 19428 on this _ 8 day of f By: FILFCr-o 1C 2009 JUL -6 AN !G: 33 vUli??r `'?? ??rl.ii?vJl l? CIHONOTAr % i 11 1 ; u. Assn 20 GORDON & WEINBERG, P. C. CUMBERLAND COUNTY ?'E??,'?SYL4'APlIA BY: FREDERIC I. WEINBERG, ESQUIR 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 JC PENNEY VS. Robin Boeckel 2058080 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-3571 PPMCIPE FOR ENTRY OF JUDGbMNT BY AGREENRtTT TO THE PROTHONOTARY: Enter judgment by agreement for plaintiff and against defendant(s) Robin Boeckel above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal Total: $1,855.38 $1,855.38 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: GE MONEY BANK D/B/AJC PENNEY and that the last known address of defendant, Robin Boeckel, 221 W Dauphin St, Enola PA 17025. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 61114 avtO SWd j 004 q0062 mn ? Cam, wz"(18 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. AND NOW, this C day of 2012 Judgment by agreement is entered in favor of the pl intiff(s) and against defendant(s) by default for want an S-I?swe d damage ss?ssed at the sum of , $1,855.38 as per the ove of tion. 't Prothondc"Awr • GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE JOEL M. FL K, ESQUIRE Attorne or Plaintiff 2058080 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 JC PENNEY VS. Robin Boeckel COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-3571 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. /X/ Judgment by Agreement $1,855.38 Money Judgment $ Judgment on Award of Arbitrators$ f Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICEXRES PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL FL AT T S TELEPHONE NUMBER: 484/351-0500 Q PROTHONOTARY 1 2058080 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 JC PENNEY VS. Robin Boeckel COURT OF COMMON PLEAS Prothonotary of Cumberland County DOCKET NO. : 09-3571 JUD, G24M BY AGREEMMM AND NOW, this I?fi? day of ?Pt (1 , 2012, it is hereby stipulated and agreed to by and between, Robin Boeckel her successors and assigns and Frederic I. Weinberg, Esquire, counsel for GE MONEY BANK D/B/A JC PENNEY that the Court enter a determination in the above-captioned case as follows: 1. Judgment shall be entered in the amount of EIGHTEEN HUNDRED AND FIFTY FIVE DOLLARS AND THIRTY-EIGHT CENTS ($1855.38) in favor of GE MONEY BANK D/B/A JC PENNEY and against, Robin Boeckel her successors and assigns; 2. Plaintiff, GE MONEY BANK D/B/A JC PENNEY , will agree to accept the sum of $52.00 per month from, Robin Boeckel her successors and assigns. The first payment of $52.00 per month shall become due and payable on APRIL 25 2012 and then on the 25TH OF EACH MONTH of every month thereafter until the Stipulated Judgment is paid in full; 3. In the event that Robin Boeckel her successors and assigns do • a not make payments as prescribed in paragraph 2, they will be considered in default and the Plaintiff, GE MONEY BANK D/B/A JC PENNEY shall be allowed to exercise any and all remedies available at law. Date: '?r-1D-2D1? cj?0uX--' Robin Boeckel Defendant Date: FREDERIC I. WEI BERG, Esquire Attorney f aintiff I.D. #41360 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500