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HomeMy WebLinkAbout09-57552062317 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 EBAY DUAL 4125 Windward Plaza Drive Alpharetta,GA 30005 vs. Eric Slaseman 35 Central Blvd Camp Hill PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09 - St755 Cvv'tt term 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 8/6/09 in the amount of $2,200.52. 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 9/11/08. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,200.52 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W 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. 4 ? FREDERIC I. WEINBERG, ESQUIRE EXHIBIT "A" ao?-2 3J -) In Court Judicial (Circuit/District) Creditor Name: GE Money Bank Debtor Name: SLASEMAN, ERIC Account Number: ************7363 AFFIDAVIT OF ACCOUNT BALANCE & NON-MILITARY STATUS STATE OF GEORGIA COUNTY OF FULTON SS 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. Debtor: SLASEMAN, ERIC Acctnum: ************7363 6. As of the date of this affidavit, GE Capital's computer records for this account reflect an unpaid balance of 2,200.52. 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. d? 7/2/2009 RECOVERY LIAISON SPECIALIST-Affiant Date nI ? i %forgoing affidavit sworn to and subscribed before me thisaday o(4,,&/ My commission expires Notary Public ``??111111//?/ Q??SS100V .; . 4ft ?i?'9j1. •• FMBER••.• ? ``? C() U 1111111 NCI Legal 1-800-364-7034 Debtor: SLASEMAN, ERIC Acctnum: ************7363 I Document'Name: Helene Thomason SLASEMAN, ERIC ACCT# 5218531600277363 35 CENTRAL BLVD REF DATE 04/17/09 CAMP HILL, PA 17011 NCI-ID 09109165564 REF AMT 2,200.52 GE FINANCE BAL DUE 2,200.52 ******************************************************************************* 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: 7/14/2009 Time: 3:05:23 PM ti, !i: 4gs.a5 PCB A` T-f &"t'guo4 aaaso9 Sheriffs Office of Cumberland County R Thomas Kline Sheriff ???ptv o1 ??ut+Grrt??b orp%'E O --,E --"ERIFF FILED ter;-F;?? OF I? `c -fP' `VOTARY Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 20091UJ 28 f 1""i 12: 52 GE Money Bank vs. Eric Slaseman Case Number 2009-5755 SHERIFF'S RETURN OF SERVICE 08/21/2009 05:53 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on August 21, 2009 at 1753 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Eric Slaseman, by making known unto himself personally, at 35 Central Blvd. Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 August 24, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff IN THE COMWN PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND FOR CUMBERLAND COUNTY GE MONEY BANK dba EBAY DUAL VS. Case Number. 09-5755 Civil Term ERIC SLASEMAN ANSWER OF DEFFNM Pro Se Defcsdad Eric Slaseman, bereby enters his appearance and answers the Complaint of GE Money Bank as follows: 1. The Defendant admits in part and denies m part the allegations of paragraph I of the complaint The Defendant admits to reoeivmg and using Pi's credit card. The Defendant has no recollection or recemag and having the Wportmty to review and sign an Agreement to this accou¢d. Therefore the Defendant demands evidence of a signed Agreement and denies being bound by the terns of any particular document until Plaintiff produces said Agreement. 2. The Defendant admits in part and denies in part the allegations of paragraph 2 of the Complaint The Defendant admits to receiving and using PleiWWs credit card. The Defendant has no recollection or receiving and ]raving the opport=ty to review and sign an Agreement to this account Therefore the Defendant demands evidenoe of a signed Agreement and denies being bound by the terns of any particular document untd plaintiff produces said fit. 3. The Defendant admits in part and decries in part the allegations of par Waph 3 of the Complaint. The Defendant admits to receiving and u smg Plaintiffs credit card. Defends 1 dispu6es the belsnoe due and demands a compere accounting reflecting all charges and credits to the account. Plaintiff has failed to produce an accounting. 4. The Defendant denies the allegations of Paragraph 4 of the Complaint. Defendant disputes the balance due and demands a complete accounting reflecting all charges and credits to the account. Plaintiff has failed to produce an accounting 5. The Defendant denies the allegations of Paragraph 5 of the Complaint. The Defendant made payments to this account for many months before becoming financially unable to continue. The Defendant is waking with a credit counselor m an attempt to resolve this account- 6. The Defendant admits the allegaitions of Paragraph 6 of the Complaint. WH REFORE: The Defender respeeffWly requests that Plai t ff's Complaint be, dismased and the relief requested in Plaintiffs Complaint denied. The Defendant verifies that the statements made herein are true and correct based upon his knowledge, information and belief. The statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to tmsworn falsification to authorities. Eric Slaseman 35 Central Blvd Camp Hill , PA 17011-4210 717-763-0542 CERTIFICATE OF SERVICE The Defendant(s) HEREBY CERTIFY that on this day of - E !3 C L , 20 a copy of the foregoing pleading was mailed, first-class, postage pre-paid to: Frederic I. Weinberg, Esq. Gordon & Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 Attorney for Plaintiff Eric Slaseman This dooument was prepared by or with the sesistmoe of an dttaraey 0510-1892. Ponels 8t Aneoiata, LLC, 856..939-7252 and Consumer Law Assooiatas, LLC, OF THE ONARY 2009 AUG 31 PH 4: 4 of +kt T nllqoflohr 0?pf hj-1 ;jM Q:31 ?un1? and e IN THE COURT OF COMMON PLEAS OF ??/?yy? Sy?UAa CUMBERLAND COUNTY, PENNSYLVANIA GE MONEY BANK DBA EBAY DUAL Plaintiff Vs. ERIC SLASEMAN Defendant AND NOW, 20 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: JOEL M. FLINK counsel for th plaintiff efendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (er-actions) is (aftw) at issue. 2. The claim of plaintiff in the action is $ 2200.52 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: JOEL M. FLINK, ESQUIRE WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Resp tfully submitted, aV: %ay °0 Pd 41` ms 1 s3Ual NO.09-5755 ORDER OF COURT petition, Esq., and 200 , in consideration of the foregoing Esq., and captioned action (or actions) as prayed for. Esq., are appointed arbitrators in the above By the Court, Kevin A. Hess, P.J. FILED-OFFICE 2062317 OF THE PROTHONOTARY 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 2011 JAN 12 PM 1: 02 CUMBERLAND COUNTY PENNSYLVANIA GE MONEY BANK D/B/A EBAY DUAL Vs. ERIC SLASEMAN 35 CENTRAL BLVD CAMP HILL PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-5755 NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $699.77. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 484-351-0500 Dated: ? GORDON & WEINBERG, P. BY: FREDERIC WE BERG, ESQUIRE JOEL M. F , ESQUIRE Attorney for Plaintiff (??? JV .SO f4 aEi: ItDa47 Rl? aV 9 vi i GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2062317 GE MONEY BANK D/B/A EBAY DUAL VS. ERIC SLASEMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-5755 PRAECIPE TO ENTER JUDG UM ON ARBITRATION AVXW TO THE PROTHONOTARY: Please enter judgment on the attached arbitration award in favor of the plaintiff, GE MONEY BANK D/B/A EBAY DUAL, against the defendant, ERIC SLASEMAN in the amount of $99.77. FREDERIC I. WE NB G, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 GE MONEY BANK D/B/A EBAY DUAL VS. ERIC SLASEMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-5755 VERIFICATION FREDERIC I. NZINWRG, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action and verifies that the statements made in the foregoing pleadings 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. Section 4904 relating to unsworn falsification to authoriti5. FREDERIC I. ESQUIRE CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Praecipe to Enter Judgment on Arbitration Award, via First Class Mail, postage pre- paid, to all other parties or their counsel of record. Neil J. Ruther Persels & Associates, LLC P.O. Box 729 Columbia, MD 21045 FREDERIC I. WEINBtRG-,-/ESQUIRE Dated: ? ? q I (y P002-14 GE Money Bank DBA Ebay Dual Eric Slaseman Defendant cktQ Q31--7 In The Court of Common Pleas of Cumberland County, Pennsylvania No._Qq,_- 5i7q5 Plainti ff Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. V I ITk^ ftama-t., Signature Dawn Marron Name (Chairman) Marron Legal Law Firm 603 Market Street Address Sign e Jeff R. Lawrence Name Mooney & Associates Law Firm 2 S. Hanover Street Address Signature Reginald S. Evans Name Shumaker Williams, P.C. Law Firm 3425 Simpson Ferry Road Address New Cumberland, PA 1.7070 Carlisle, PA 17013 Camp Sill, PA 17011 City, zip City, Zip City, zip `' Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: nP,gmher 5. 2A11 ??""`"? : :`Y na vans (Chairman) Date of Award: S Z? al(I j)1 OXA Da Marron Notice of Entry of Award Now, the S'A day of , 20 /,( , at 1r•i? , A .M., the above award was entered upon the docket and notice thereof given by wail to the parties or their attorneys. Arbitrators'. ompensation to be paid upon appeal: $ -325?0 By: Deputy Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If darnages for delay are awarded, they shall be separately stated.)