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HomeMy WebLinkAbout09-57352058071 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 SAM'S CLUB 4125 Windward Plaza Drive Alpharetta,GA 30005 vs. Philip Byers 1275 Baltimore Rd Shippensburg PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : N - 5735 ??Y t i ?ct-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 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 "Awl 4. All the credits to which the defendant(s)is entitled have been applied and there: remains a balance due as of June 9, 2009 in the amount of $1,904.26. 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 7/2/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,904.26 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plain-:?iff(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. "7? FREDERIC I. WEIN ER ESQUIRE EXHIBIT "A" EXHIBIT "A" )-0590?f I In Creditor Name: GE Money Bank Debtor Name: BYERS, PHILIP Account Number: ************2926 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', . , 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 pradice'of its business, computer records of activity on GE Money Bank revolving credif 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. Debtor: BYERS, PHILIP Acctnum: ""*********`2926 J 6. As of the date of this affidavit, GE Capital's computer records for this account reflect an unpaid balance of 1,904.26. 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 d lare under the penalty of perjury that the foregoing is true and correct. 5/9/2009 RECOVERY LIAI SPECIALIST-Affiant Date The rgoing affidavit sworn to and subscribed before me this C 1 day of lL L My commission expires Notary Public n NCI Legal 1-800-230-9596 a?,?.?t,111111 O?rr?r 40, SION ;-P •Q;e? -0 40W G?.A ; s PUBL??' ;' O ?-?A?•.FMBEP•..• f'e CC U Debtor: BYERS, PHILIP Acctnum: ************2926 Document-Name: Helene Thomason BYERS, PHILIP ACCT# 7714100321822926 1275 BALTIMORE RD REF DATE 12/11/08 SHIPPENSBURG, PA 17257 NCI-ID 08347130893 REF AMT 1,904.26 GE FINANCE BAL DUE 1,904.26 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: 5/27/2009 Time: 3:12:43 PM 0 ?FiILE -- ? E OF P 7T i,_.P?,Y!ARY 2609 A,UG 19 P11 2: 51 2 rT-?.?j 08.60 Pty Arr y ae 881 ot, aa9 q 19 Sheriffs Office of Cumberland County R Thomas Klin e rt{;F Sheri of C,(,r,br OF T?"' RY Ronny R Anderson Chief Deputy 2009AUG28 N-112:50 Jody S Smith Civil Process Sergeant OFFICE O' $°ERIFF 1 Y Edward L Schorpp Solicitor GE Money Bank Case Number vs . Philip Byers 2009-5735 SHERIFF'S RETURN OF SERVICE 08/25/2009 05:00 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 25, 2009 at 1700 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Philip Byers, by making known unto Carol Whitehead, Mother in Law of defendant at 1275 Baltimore Road Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $46.00 SO ANSWERS, August 26, 2009 R THOMAS KLINE, SHERIFF De ty Sheriff All. 2058071 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 GE MONEY BANK D/B/A SAM'S CLUB VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-5735 Philip Byers PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $1,904.26 Less: Payments on Account ( $.00) Total: $1,904.26 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/A SAM'S CLUB and that the last known address of defendant, Philip Byers, 1275 Baltimore Rd, Shippensburg PA 17257. 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. 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. Ab. AND NOW, this (D day of ^"+ , 2009 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $1,904.26 as per the above cer ifica on. P honotary GORDON & WEI ERG, P.C. BY: FREDERIC W NBERG, ESQUIRE JOEL M. F K, ESQUIRE Attorney for Plaintiff 2058071 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 Philip Byers GE MONEY BANK D/B/A SAM'S CLUB TO/PARA Vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-5735 NOTICE OF INTENTION TO TAKE DEFAULT Philip Byers 1275 Baltimore Rd Shippensburg PA 17257 DATE OF NOTICE/FECHA DEL AVISO: September 15, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT' BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: q 1?? FREDERI . WEINBERG, ESQUIRE JOEL M FLINK, ESQUIRE PIOD-2 Al L 1?-.ii i'ivE OF THEE P--(') F'n- l,J0TARY 2009 OCT -6 Phi 1* 4 9 414.oc Pm Ar" Cy,* gatoup e a3156140 'tat r. 2058071 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 SAM'S CLUB COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Philip Byers 1275 Baltimore Rd Shippensburg PA 17257 DOCKET NO. : 09-5735 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 Default $1,904.26 LL Money Judgment $ Ll Judgment on Award of Arbitrators$ LL 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 (-Izn? OTHONOT . %A 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 2058071 GE MONEY BANK D/B/A SAM'S CLUB 4125 Windward Plaza Drive Alpharetta,GA 30005 VS. Philip Byers 1275 Baltimore Rd Shippensburg PA 17257 and M&T Bank 1 West High Street Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-5735 rc n cD -n C V i ' j PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against Philip Byers defendant(s)and (2) against MiT Barak garnishee(s) (3) AMOUNT DUE $1,904.26 INTEREST from October 6, 2009 $159.58 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account ( $.00) TOTAL ?.1. so Car- " $ ?.tl? •Cl1 O i? so SL a. so ?a aN 1ba.60 due ?°. L ?. FREDERIC WE NBERG, ESQUIRE JOEL M. FL , ESQUIRE Attorney for Plaintiff $IuS -U .so U4 V315 ?rik o?,r-rSsutd V-asyls? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5735 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GE MONEY BANK D/B/A SAM'S CLUB Plaintiff (s) From PHILLIP BYERS, 1275 Baltimore Road, Shippensburg, PA 17257 (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 GARNISHEE(S) as follows: M & T BANK, 1 WEST HIGH STREET, CARLISLE, PA 17013 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 $1, 904.26 Interest from October 6, 2009 - - $159.58 Atty's Comm % Atty Paid $165.50 Plaintiff Paid Date: 1/25/11 (seal) REQUESTING PARTY: L.L.$.50 Due Prothy $2.00 Other Costs L uell, Prothon tary By: Name FREDERIC L WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Deputy Supreme Court ID No. 41360 2058071 m 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 SAM'S CLUB VS. Philip Byers and M&T Bank Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-5735 rn GO =r" -n M f :o co r "L7 M -<1> CD CJ A.. Ty C PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with M&T Bank, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. Poll CNBERG, ESQUIRE ESQUIRE Laintiff BY: FREDERI I WE JOEL M. F NK, Attorne for P_ p f. C/& G ?1?1?r rJ ?r?K ? l/ 3711 SHERIFF'S OFFICE OF CUMB Ronny R Anderson Sheriff Lollr+t" Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF ")F GE Money Bank vs. Philip Q. Byers ERLAND COUNTY FILED-OFFICE OF THE PROTHONOTARY 2011 AUG 23 PM 3: 53 CUMBERLAND COUNTY PENNSYLVANIA Case Number 2009-5735 SHERIFF'S RETURN OF SERVICE 01/28/2011 10:37 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 28, 2011 at 1037 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Philip Byers, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Joan Crowl, Teller Manager, 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 2, 2011 to Philip Byers at 1275 Baltimore Road, Shippensburg, PA 17257. 08/22/2011 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: $87.50 SO ANSWERS, August 22, 2011 RONNrY R ANDERSON, SHERIFF %oim=y5uite Snerft, T-ePO50'I Ir?c.