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HomeMy WebLinkAbout10-2763FlLED-{ FFiCE 2079915 tT THE Pm" ` PNIIOTARY THIS IS AN ARBITRATION MATTER. fff LtN1:30 DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P. C. ear ?_ ?' BY: FREDERIC I. WEINBERG ESQUIRE Cu,Y? ' wi rte' 1'v"UA `??r? 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. David Kogut 15 Run Rd Carlisle PA 17015 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. lQ -,Zl/ 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 S (717) 249-3166 qq a. vo ?r? e0 ? r'y33 v 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 3/25/10 in the amount of $5,068.89. 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 2/11/09. WHEREFORE, plaintiff claims of the defendant(s) the sum of $5,068.89 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE BERG, ESQUIRE JOEL M. F , ESQUIRE Attorney for Plaintiff P01A 2079915 10-04041-0 GE FINANCE-POST David Kogut 7982220390262242 VERIFICATION 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 statements. r ?U'1 NAM EXHIBIT "A" 2244 David Kogut 7982220390262242 2079915 10-04041-0 GE FINRNCE-POST I ?k4eoA,, 15 , being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff heroin 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 duo and owing from defendant to plaintiff, the amount of $5,068.89 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $5,068.89 as of February 24, 2010. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true ar?, to the best of my knowledge, information and belief. I 1 f l? ? AFFIANT Sworn to and Subscribed before m• this day , 2DIO J Notary li ,111111 plA JEN?iWO c?Q ?saioa ti ?:?? rya. < T '°UBti?G .? .p 10 IL 1A, ?,???COU N„,`,??? ??f ?? A- ??' N? ?? i M+ # .. .. ?t ????'` t'. ?, , i GORDON & WEINBERG BY: FREDERIC I. Identificati JOEL M. FLIN Identificati 1001 E. Hector St Conshohocken, PA 484/351-0500 P.C. JEINBERG, ESQUIRE in No.: 41360 C, ESQUIRE >n No.: 81894 -e et, Ste 220 19428 2079915 GE MONEY BANK vs. David Kogut TO THE PROTHONOTAIRY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-2763 c~ Cr ~" - 4~. ~, ~_ 0 ._ t „w ~a r., y ^... C. Enter judgm nt by agreement for plaintiff and against defendant(s) Dav'd Kogut above named only and assess damages certified to be alculable as a sum certain from the complaint, as follows: P incipal $5,260.89 Total: $5,260.69 Understanding th false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I v rify that: 1. The la t known addresses of the parties are: GE MONEY BANK and that the ast known address of defendant, David Kogut, 15 Run Rd, Carlisle PA 17 15. -~'t ..~ .;~_ +~~ ,,-I ..; ,_ ~~ -t `_ f") 2. The an exed notice(s) of intention to file this praecipe was (we e) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior t the date of filing of this praecipe. ~ I~.oo Pp A~ e*las~~a R~ ays~~/ ~d~ IUQ~R.fi~ i 3. The sai defendant(s) is (are) not in the military service of the Un'ted States or otherwise within the coverage of the Soldiers and ailors Civil Relief Act and is (are) over 18 years of age. AND NOW; this ~_ day of 2010 Judgment By Agreement is en ered in favor of the plai tiff(s) and against defendant(s) at th sum of, $5,26Q:~9 ~s pe~ the above certification. Prothonot GORDON & WE RG, .C. BY: FREDERIC WEIN ERG, ESQUIRE JOEL M. F NK SQUIRE Attorney for Plaintiff 2079915 GORDON & WEINBERG, P.C. BY: FREDERIC I. W INBERG, ESQUIRE Identificatio No.: 41360 JOEL M. FLIN ESQUIRE Identificati n No.: 41200 1001 E. Hector St eet, Ste 220 Conshohocken, PA 19428 484/351-0500 GE MONEY BANK David Kogut vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 10-2763 NOTICE Pursuant to Pa.R. you are hereby nc you in the above IF YOU HAVE ANY QU ATTORNEYS: FREDERI TELEPHONE NUMBER: ~iv.P. 236 of the Supreme Court of Pennsylvania, =ified that a judgment has been entered against proceeding as indicated below. ~ Judgment by Agreement $5,260.89 ~ Money Judgment $ ~ Judgment on Allard of Arbitrators$ ~ Judgment on Verdict$ STIONS CONCERNING THIS NOTICE, PLEASE CALL I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS 84/351-0500 ~ 0 ARY '7~-q~~o ~_ GORfXNV&~El NBERG GORDON & WEIIdBERG, P_ C. BY: FREDERIC I. I2ffBERG, ESQUIRE Identificatio Nc~.: 4160 JC3EL M. PLINR, ESQUIRE Idr~ntifiGatio No.: 42200 1(301 E. Hectar S'tr et, Ste 220 CQnshc~hocl~en, PA 9428 484f351-050D Fax 2Q79915 .fun i1 2t1fQ iU.36am P(}0~.1005 GE 1MQ~3EY BANK 4225 Windward Plaz Drive Alpharetta, C,A 3Qf} 'S mss. David Kagut 1, 5 Run kid Carlisle PA 17015 AND NdL4, this hereby stipulated successors arxd assi cauixT aF caMMON LEAs CUMBERLAATD CC7[TNT'Y' DOCKET NC). : 1~-2763 T ST ~l~E"i!'!4'! ~~day of ~ ~~~,) 2 a10, it is aaad agxeed to by and between, David Kagut his gns a.nd Frederic I. Weinberg, Esquire, cQUnsez far GE M4AtEY BANK that the Gdurt enter a determix~ationi ri the abave- captioned case as ~allaws: 1. ,Tudgment shall be entered, in the amount of Five ~`hausand Two Hundred Sixty Eighty Nine ($ 5 , 2 60.8 9) in favor of GE MONEY BANK and against, David KQgut hi.s successors axed assigns; 2. Plaintiff, GE MONEY 8A~3K will agree to accept the sum of $254.E3Cf per month rQm, David Kogut his succeSSQrs and assigns. The first payment ©f $1 Q. f10 per month shall. become due and payable an ~Tur2e 25, 2p1tJ and then on the 25th of every month thereafter until the Stipulated Jude~rnen 3. In the e' is paid ixi full; ent that ~7avd Kogut his successors and assigns do GORINEtt+~ERG Fax Jun fit 2t1fa i0:~~r P4t15! nat make payxttents a prescribed in paragraph ~r they will b~ Considered in default and th Plaintiff, GE MC}A7EY Bfi,NK sha~:1 be allowed to e~ereise any and a l remedies ava~,lable at law. 4. The Part'es to this act€~n have authorized their respective cQUnsel and agent o enter ,into this agreement an their behalf and by doing so this agre went will be binding an both. that. David Kogut hzs successors and a~si~ns and, G©NEY ~.ANK a.ts ucc~ssors and assigns. Date: Date: David KvgLtt ~ Defendant FREDERIC I. t~EINB G, Esquire .Attorney f PIa` tiff I.D. #1360 1DOl E. Hector Street, Ste 22(7 Conshohocken, P.A 1942$ 484!351-05QQ