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Home My WebLink About10-34472083553 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 GE MONEY BANK 4125 Windward Plaza Drive Alpharetta,GA 30005 VS. Gerald Coleman 49 Old Stonehouse Rd S Carlisle PA 17015 ASSESSMENT OF r ?s COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 1O -34417 C) l o .J sue- ?; civil lernA 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 0% 4qa. co Pb ATM ?1r I ig973 dLl as8s 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 30, 2010 in the amount of $10,935.81. 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 5/25/09. WHEREFORE, plaintiff claims of the defendant(s) the sum of $10,935.81 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W INB G, ESQUIRE JOEL M. FLINK, QUIRE Attorney for Plaintiff P01A 2083553 10-16159-0 GE FINANCE-POST Gerald Coleman 7981602216105649 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. NAME 2244 Gerald Coleman 7981602216105649 2083553 10-16159-0 GE FINANCE-POST ASFIDAVIT 1, 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 $10,935.81 plus interest of $.00 at the rate of 0W less credits in the amount of $.00 totaling $10,935.81 as of April 15, 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 to the best of my knowledge, information and belief. t 1 AFFIANT Sworn to and Subscribed beforp,;me t?isA day -L 2010 `?????NN?NGS???ii G il..~::1~~~~~~~ )!-r.~ 49 Old ~to~ehe~c~ ~. 7~~4 ~~~ - Carlisle pa 17015 ~ t~ ~ ~`'JN~Y State of ( Pennsylvania ), ( Cumberland )County Cause/Case No. ( 10-3447 ) GE Money Bank Plaintiff, Vs. Gerald Coleman Defendant(s) ~~~~ ~ t,~, Gerald Coleman ("Defendant"), hereby answers the complaint of GE Money Bank ("Plaintiff') for it's self alone as follows and generally denies the allegations due to the complaint based on lack of information and belief. First Affirmative Defense "(Agreement to Arbitrate) The credit card agreement may state that disputes may be resolved by binding arbitration. Defendant elects to have all disputes related to the credit card agreement resolved by binding arbitration." Second Affirmative Defense "(Amount in Dispute) The account balance claimed by plaintiff is not accurate and the total amount that is owed, if any, is in dispute." Third Affirmative Defense "(Financial Hardship) Due to a serious financial crisis, defendant does not have sufficient funds to pay the full amount of the undisputed debt, if any. I work in the construction field, our hours were reduced and fell behind on my payments. since that time I am working with Debt Talk to try to get back on the right track, pay back debt and its just going to take some time. WHEREFORE, Defendant requests that: 1. Plaintiff takes nothing by way of his complaint; and 2. For Defendant's costs of suit. Dated: 6-8-10 L~ ~~~~ Signature Gerald Coleman Printed Name Defendant in Pro Per 2083553 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 FfLE~-- , ;:,~: u IF li~i., ~'' ! ~~ ZO10 JUG 13 Ali 3~ 3 ~l '~_ ~ ;~:J~N~Y G~PYi~:. .~.. C ~i`v`:~~ii~~ty'+ 1~i'31p~ GE MONEY BANK vs. Gerald Coleman COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-3447 PLAINTIFF'S REPLY TO NEB FITTER 1. Denied. This averment is a conclusion of law which requires no response under the applicable Rules of Civil Procedure. However, this averment is denied and strict proof thereof is demanded at the time of trial. 2. Denied. The amount claimed in plaintiff's complaint is due and owing. Therefore, it is denied and strict proof thereof is demanded at the time of trial. 3. Denied. After reasonable investigation plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. Therefore, it is denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff demands damages against the defendant(s) as set forth in plaintiff's Complaint. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI ERG, ESQUIRE JOEL M. FLI K SQUIRE Attorney for Plaintiff VERIFICATION FREDERIC I. NEINBERG, E3QIIIRE, 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 authorities. FREDERIC I. WE ESQUIRE CERTIFICATION OF SERVICE I, FREDERIC I. WEINSERG, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Reply to New Matter, via First Class Mail, postage pre-paid, to all other parties or their counsel of record. r'REllEKIC I. WEIZVSERG, ESQUIRE ~ ~~~~ Dated: of curM David 1D. Buell o # a Renee X Simpson Prothonotary gr µz 1st Deputy Prothonotary o ,/ o Irene E. Morrow �irkS. Sohonage, ESQ Solicitor 7750 2nd Deputy Prothonotary Office of the Prothonotary Cum 6er(and l County, Pennsylvania /6- 311'17 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 291H DAY OF OCTOBER, 2013,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 One Courthouse Square • Suite 100 • CarCisCe, P_A 17013 • (71 7)240-6195 • 'Fav(717)240-6573