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Home My WebLink About09-6499 s s s 2057679 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 4125 Windward Alpharetta,GA D/B/A LOWES Plaza Drive 30005 COURT OF COMMON PLEAS CUMBERLAND COUNTY Sandra Okum 1 Nita Ct Mechanicsburg DOCKET NO. : dq -G09 a-vit (erw, 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 VS. PA 17050 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 "A". 4. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due as of August 13, 2009 in the amount of $4,521.42. 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 4/22/08. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,521.42 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC IN-*nNBERG, 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. 7-? FREDERIC I. I RG, ESQUIRE EXHIBIT "A" 205 ?I In Court Judicial (Circuit/District) Creditor Name: GE Money Bank Debtor Name: OKUM, SANDRA Account Number. ***********'6410 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: OKUM, SANDRA Acctnum: ************6410 6. As of the date of this affidavit, GE Capital's computer records for this account reflect an unpaid balance of 4,521.42. 7. Demand has been made to the Defendan(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 lare under the penalty of perjury that the foregoing is true and correct 5/19/2009 RECOVER LIAISON S ECIALIST-Affiant Date T. oing affidavit sworn to and subscribed before me this 6 day of , My commission expires Notary Public AN 2CQ ?/'4 RY p,v NCI Legal 1-800-230-9596 Debtor: OKUM, SANDRA Acctnum: ************6410 Document Name: Helene Thomason OKUM, SANDRA ACCT# 7981924390666410 1 NITA CT REF DATE 11/18/08 MECHANICSBURG, PA 17050 NCI-ID 08324161697 REF AMT 4,521.42 GE FINANCE BAL DUE 4,521.42 ******************************************************************************* 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: 8/4/2009 Time: 3:00:12 PM %ZV FILED. :;" OF THE c ^ f A 4Y E .i 2099 SEP 28 PM 12: S;' r ? v t t !, Jf,i „? *IS.50 PD ATTI ev*glloaq Imo` a3113a Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy IVI`11,11 of i:Etauticr, 1..1 OFFICE 'G TFP 4uERIFF FRLED-C 4 i OF THE PRO*!' _` Y)TP,RY Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 2009 OCT -7 AM 8: 4 8 `rUmdl 44 ..ii?M3 PLf'd tiSY1, ^N IA GE Money Bank vs. Sandra Okum Case Number 2009-6499 SHERIFF'S RETURN OF SERVICE 10/03/2009 10:50 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 3, 2009 at 1050 hours, she served a true copy of the within Complaint and Notice, upon the withir named defendant, to wit: Sandra Okum, by making known unto herself personally, at 1 Nita Court Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, ' '.00:_ October 05, 2009 R THOMAS KLINE, SHERIFF By De y Sheriff In The Common Pleas Court of Cumberland County State of Pennsylvania Plaintiff. GE MONEY BANK DB/A LOWES Case Number: 09-6499 c/o Gordon & Weinberg, P.C. 4125 Windward Plaza Drive Alpharetta, GA 30005 VS. Defendant: Sandra Okum 1 Nita Court Mechanicsburg, PA 17050 ANSWER TO COMPLAINT In 2007 my husband, Ronald Okum, was laid off from his job for about six months before finding another job. During this time I was able to pay my bills and on time. Since his new job paid significantly less than his previous job it was getting more difficult to keep up with the bills and make timely payments. I was forced to `Yob Peter to pay Paul". However, the interest rates and the payments requested went a lot higher. I did my best but finally had to resort to Freedom Debt Relief to handle the account. My husband has been laid off again from his new employer. I am trying to avoid bankruptcy. Generally I disagree with the attorney fees and court costs. Respectfully submitted, ?a-wr s" CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I have served the Plaintiff or its attorney with a copy of this pleading by US mail, postage prepaid, on this 19`s day of October, 2009 Defendant i t_u- ,r J.v 2009 OCT 19 All 11: 56 David (D. Bueff Prothonotary iqrkS. Sohonage, ESQ Solicitor knee K Simpson vt Deputy Prothonotary Irene E. ,Morrow 2nd Deputy Prothonotary Office of the 1Trothonotary Cumberland County, Tennsylvania 01-ft"If-C IV I L TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P. 230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY nM„ ('n11rf4n11c0 CM117'ro 0 4 vite 100 • Carficle. PA 17013 0 (717)240-6195 9 Eax (717) 240-6573