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Home My WebLink About10-25492070609 THIS IS AN ARBITRATION MATTER. 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 ASSESSMENT OF -'??}3 t7? "Aid ? . ? Y C: C-) rn y? GE MONEY BANK 4125 Windward Plaza Drive Alpharetta,GA 30005 Vs. TROY WEIGLE 130 GORDON DRIVE CARLISLE PA 17013 r ; COURT OF COMMON PLEAS co CUMBERLAND COUNTY DOCKET NO. : 10 -,2511q 0%jil berm 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 N .+Qa. co Pb krrl Ce III aq5 01"m' m 4 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 or Affidavit 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 2, 2010 in the amount of $3,795.18. 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 4/24/09. 16 WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,795.18 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINB RG, ESQUIRE JOEL M. FLI SQUIRE Attorney for Plaintiff P01A 2070609 09-19207-0 GE FINANCE-PRE TROY WEIGLE 5466801138449027 I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.s. 54904 which provides for certain penalties for making false st tements. NAME EXHIBIT "A" f 2244 2070609 09-19207-0 GE FINANCE-PRE TROY WEIGLE 5466801138449027 AFFIDAVIT 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 account; 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 $3,795.18 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $3,795.18 as of March 10, 2010. 6. if called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct &he st ofay knowledge, information and belief. AFFIANT Sworn to and Subscribed before me this b day ,&f Wrd 0, 2010 ,???1111111/???` I ? C? n)) E L . ?i Notary Public QQ` ;??g$I ON F ••?I f/?JS i 0% /?RyQ? .' G S O 2 i • ' ••TFMBER00 . •• Q$ I??'// •..... COU w 2070609 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 C ca = i `'' A ~ ~~ ~~ ~ f < w _ ~r., _ - _, GE MONEY BANK vs. TROY WEIGLE ~, .. COURT OF COMMON PLEAS --~ ~~ CUMBERLAND COUNTY DOCKET N0. 10-2549 PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER ASSESSML*NT 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 $3,795.18 Less: Payments on Account ( $.00) Total: $3,795.18 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 and that the last known address of defendant, TROY WEIGLE, 130 GORDON DRIVE, CARLISLE PA 17013. 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. ~ ~ ar~~~~' ~ 7 y~ ~#-~ty3y3 ~ Nlv~scc~% le AND NOW, this ~~ day of , 2010 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 , 53,795.18 as per the above certificat'on. Pr onotary GORDON & WE INBER'~G,~P . C . BY : 1~~ / ~ FREDERIC I. EIN RG, ESQUIRE JOEL M. FLI SQUIRE Attorney for Plaintiff 2070609 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 10-2549 TROY WEIGLE 130 GORDON DRIVE CARLISLE PA 17013 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. ~XL Judgment by Default $3,795.18 ~ Money Judgment $ ~L Judgment on Award of Arbitrators$ f~ 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 r-~ ~ n 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 984/351-0500 GE MONEY BANK TROY WEIGLE TO/PARA 2070609 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET N0. 10-2599 NOTICE OF INTENTION TO TAE DEFAULT TROY WEIGLE 130 GORDON DRIVE CARLISLE PA 17013 DATE OF NOTICE/FECHA DEL AVISO: May 12, 2010 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: FREDERI I/~ EINBERG, ESQUIRE JOEL M. FI;INK, ESQUIRE P10D-2 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2549 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GE MONEY BANK Plaintiff (s) From TROY WEIGLE AT 130 GORDON DRIVE CARLISLE, PA 17013 (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 SOVEREIGN BANK 921 CAVALRY ROAD CARLISLE, PA 17013 GARNISHEE(S) as follows: 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 $3,795.18 Interest FROM JUNE 9, 2010 -- $144.74 L.L. $.50 Atty's Comm % Atty Paid $166.40 Plaintiff Paid Date: February 7, 2011 (Seal) Due Prothy $2.00 Other Costs D Da d . Buell, othonotary By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 2070639 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 Plaza Drive Alpharetta,GA 30005 VS. TROY WEIGLE 130 GORDON DRIVE CARLISLE PA 17013 and Sovereign Bank 921 Cavalry Road Carlisle, PA 17013 GARNISHEE defendant(s)and garnishee(s) $3,795.18 $144.74 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 TROY NEIGLE (2) against Sovereign Bank (3) AMOUNT DUE INTEREST from June 9, 2010 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account TOTAL LUG"Obty $ 33' L ?U 1 Ub ' (6 -100Y Ok# y?135v1 7,n? ?nil,l? COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-2549 ( $.00) FREDERIC I. JOEL M. FLIN Attorney for C7 C0 _q =rn m F tee, .-.,cJ I;< ; N RG, ESQUIRE T,SQUIRE aintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson n Sheriff ;gc Jody S Smith ?}? Chief Deputy A Richard W Stewart Solicitor ,UMBERLAW, 0 UOU is GE Money Bank vs. Case Number Troy A. Weigle 2010-2549 SHERIFF'S RETURN OF SERVICE 02/10/2011 03:05 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 10, 2011 at 1505 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Troy A. Weigle, in the hands, possession, or control of the within named garnishee, Sovereign Bank, 17 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Denise Beecher, Customer Service Representative, 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 11, 2011 to Troy Weigle at 130 Gordon Drive, Carlisle, PA 17013. SO ANSWERS, February 11, 2011 RON RANDERSON, SHERIFF Valerie Wear , Deputy GORDON & WEINBERG, P.C. 4L 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 Li' 3 v l.??1 ?t iHPR0 I HONOTAR 2011 FEB 28 PPS 3: 02 CUMBERLAND NN VANA GE MONEY BANK 4125 Windward Plaza Drive Alpharetta,GA 30005 vs. TROY WEIGLE 130 GORDON DRIVE CARLISLE PA 17013 and Sovereign Bank 921 Cavalry Road Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-2549 R&vwrs -k, INTERROGATORIES IN ATTACHMENT TO: Sovereign Bank - GARNISHEE You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? No 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. No-See Attached 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest. No 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? No 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefore? No Y 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to his(her_, their) direction or otherwise discharge any claim of the defendant(s) against you? No 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant(s) have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount of funds in each account, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. No 8. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant(s) have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? If so, identify each account. Yes-See Attached 9. How much is the value of any property in your possession belonging to the defendant(s)? See attached FREDERIC I. EI ERG, ESQUIRE JOEL M. FLIN ESQUIRE Attorney for Plaintiff DATED: ANSWERS TO INTERROGATORIES Account # 1691018627 Balance: $0.00 After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this account is $0.00 Account Holder: Troy Weigle 130 Gordon Drive Carlisle, PA 17013 VERIFICATION I, Timothy J. Cooney, C.O.P. Team Manager of Sovereign Bank, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Sovereign Bank i By: *YOY Timothy J. Cooney C.O.P. Team Manager IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: GE Money Bank vs. Troy Weigle CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: Frederic I. Weinberg, Esquire Gordon & Weinberg, P.C. 1001 E Hector Street, Suite 220 Conshohocken, PA 19428 Service by certified mail addressed as follows: Troy Weigle 130 Gordon Drive Carlisle, PA 17013 Pkv?71 Timot y J. ooney C.O.P. Team Manager Sovereign Bank MA1 MB3-02-10 2 Morrisey Boulevard Boston, MA 02125 February 22, 2011 2070609 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 VS. TROY WEIGLE and Sovereign Bank Garnishee TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-2549 PRAECIPE TO DISSOLVE ATTACffiMZNT _ r t N lµ;/ zl_ e V Kindly dissolve the attachment of the defendant's bank account with Sovereign Bank, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FREDERIC I. EI BERG, ESQUIRE JOEL M. FLI ESQUIRE Attorney for Plaintiff PO11 .#?- a& 111? Ilk- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny Sheri RAnderson r r1?' THE Q?? THl<?? ?T? ?t ?n+nbrfir? 7 Jody s smith _: Chief Deputy 2011 SEP -z PM 2; 3 7 Richard W Stewart CUMBERLAND Solicitor cif -E $-ER1rr PENNSYLVANIA 1A GE Money Bank Case Number vs. Troy A. Weigle 2010-2549 SHERIFF'S RETURN OF SERVICE 02/10/2011 03:05 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 10, 2011 at 1505 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Troy A. Weigle, in the hands, possession, or control of the within named garnishee, Sovereign Bank, 17 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Denise Beecher, Customer Service Representative, 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 11, 2011 to Troy Weigle at 130 Gordon Drive, Carlisle, PA 17013. 08/31/2011 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 31, 2011 RbNWY- R ANDERSON, SHERIFF A'ft D4c:;?- VP (C) ceuntySuRe Sheriff. TeIeo50ft. Inc