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Home My WebLink About09-35722058951 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 LOWES 4125 Windward Plaza Drive Alpharetta,GA 30005 VS. Michael Klobetam 412 Reno Ave New Cumberland PA 17070 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : Oq - WWI e4v l ( Ie'm 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 May 11, 2009 in the amount of $2,175.49. 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 5/29/08. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,175.49 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W INBE G, ESQUIRE JOEL M. FLINK UIRE 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. i(EINgERG, ESQUIRE EXHIBIT "A" a 5SI D In Creditor Name: GE Money Bank Debtor Name: KLOBETAM, MICHAEL Account Number: ************6633 AFFIDAVIT OF ACCOUNT BALANCE & NON-MILITARY STATUS STATE OF GEORGIA COUNTY OF FULTON :SS Court Judicial (Circuit/District) BEFORE ME, being duly sworn according to law, deposes and says that he/she is for GE Electric Capital Corporation ("GE Capital"), and that he/she is duly authorized to take this Affidavit on behalf of GE Corporation, and that the facts contained in the attached pleading are true and correct to the best of his/her information, knowledge and belief. 1. I am a competent person over eighteen years of age. I am an employee of General Electric Capital Corporation ("GE Capital"), which is an authorized servicer for certain credit accounts issued by GE Money Bank, and I am authorized to make this Affidavit. 2. The scope of my job responsibilities includes the performance of collection and recovery services. In the performance of my duties for GE Capital, I am familiar with the manner and method by which GE Capital creates and maintains its normal business records, including computer records of its credit accounts held under the name of GE Money Bank. 3. To the best of my knowledge of GE Capital's business records and practices for servicing of its credit accounts, the contents of this Affidavit are true and correct. If called upon and sworn to testify hereto I could and would so competently testify thereto. 4. In the ordinary course of business GE Capital maintains or has access to copies of credit agreements and/or credit card applications entered into between GE Money Bank and its customers enabling such customers to open and use credit accounts with GE Money Bank. I have reviewed form agreements for credit programs for which GE Capital refers accounts to attorneys for collection litigation, each of which provide that the creditor is entitled to recover, to the extent permitted by applicable law, its reasonable attorney's fees and costs incurred in any action to enforce its rights under the agreement. 5. GE Capital maintains, as a regular practice of its business, computer records of activity on GE Money Bank revolving credit accounts, including purchases made, payments received, amounts owing on such accounts, credits and offsets. It is the regular practice of GE Capital's business that entries may be made in such computer records only by individuals having personal knowledge (from examining account documentation) of the information reflected therein and that such entries are made at or near the time the events reflected in them occurred. It is also the regular practice of GE Capital's business to send monthly statements to the accountholders of GE Money Bank credit card accounts reflecting the purchases made, payments received and amounts owing on such accounts. 6. As of the date of this affidavit, GE Capital's computer records for this account reflect an unpaid balance of 2,175.49. 7. Demand has been made to the Defendant(s) more than 30 days prior hereto for payment of the unpaid balance on this account, but payment for the unpaid balance has not been made. 8. GE Capital's records for this account reflect that the Defendant or Defendants (are) or (is) not in the military service of the United States or any of its allies. I declare under the penalty of perjury that the foregoing is true and correct. Z)44?4u'155?A 4/22/2009 RECOVERY LIAISON SPE I -Atfiant Date The forgoing affidavit sworn to and subscribed before me this day of J( T My commission expires Notary Public %N0%J111111111 1# QP?••???gS101V ?•A; •2''? i A** (P 'PL? 0 '00. 00. ??)WsEjk 4 `' o us ,``` *000000** 1111111 NCI Legal 1-800-230-9596. Document Name: Helene Thomason KIOBETAM, MICHAEL ACCT# 7981924395626633 412 RENO AVE REF DATE 01/02/09 NEW CUMBERLAND, PA 17070 NCI-ID 09004153202 REF AMT 2,175.49 GE FINANCE BAL DUE 2,175.49 S T A T E M E N T O F A C C O U N T ******************************************************************************* TRANSACTION DATE AMOUNT BALANCE ------------------------ -------- -------------- -------------- ******** LAST ACTIVITY ******** I Date: 5/4/2009 Time: 8:35:41 AM • ? n.a T`I 4-M.5o Po AT ?,? 8ana o ??` ??glo8 lo? R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Sheriffs Office of Cumberland County oFFiGEC= *"Eti?ERIFF Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/08/2009 06:11 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states t at on June 8, 2009 at 1811 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael Klobetam, by making known unto himself personally, defendant at 412 Reno Avenue New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at t e same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.30 SO ANSWERS, June 09, 2009 R THOMAS KLINE, SHERIFF 2009-3572 GE Money Bank V Michael Klobetam FILED-U TILE OF THE aRCT i, 7,N0 ARY 2009 JUG! I i PH 2: U 4 CUM . r YLVANIA 1 I N+Y