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HomeMy WebLinkAbout10-3596FILED-Of ROE 20%1720 THIS IS AN ARBITRATION MATTA6.w,0fEpAM NjT OF DAMAGES HEARING REQUIRED. [(??iU Jtt?! i7 .i 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 ONBERILAND COLNTY 05 P NIV` M GE MONEY BANK 4125 Windward Plaza Drive Alpharetta,GA 30005 VS. Robin Kohler 117 Partridge Cir Carlisle PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : /4 3r ,? c M 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 V'91-011 Pd-,ill Clc 67 I11(?-q/ 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 May 10, 2010 in the amount of $1,401.48. 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 11/5/08. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,401.48 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. INB RG, ESQUIRE JOEL M. FLI K, QUIRE Attorney fo aintiff P01A 2071720 09-21508-0 GE FINANCE-POST Robin Kohler 7981923390502286 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 beat 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 false statements. EXHIBIT "A" 1 T 2244 2071720 09-21508-0 GE FINANCE-POST Robin Kohler 7981923390502286 AFFIDAVIT I, n . 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 $1,401.48 plus interest of $.00 at the rate of 0W less credits in the amount of $.00 totaling $1,401.48 as of March 19, 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. C IANT Sworn to and Subscribed before thi day of 20]b r Notary 11111111 ``1` 0NNIA Y s ?f Ai S iv APO %mlot SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~~~~~ Sheriff Jody S Smith ~4„r~ir nt ti~mbr~r,~~~4 t~ ~ i~RJTF?,I~3TA~Y Chief Deputy ~- -'~`~ .{~ Z~{~ .~~ ~ ~ ~ ~~ ~~. ! 1 ;t~x..!.Yp • 5 ~3`~ F Richard W Stewart ~ ~.,~~-~>~ }}--~~yy SOilCltOr QP~IGE 4F rHE S!+ERiFF ~~ (~~ GE Money Bank vs. Case Number Robin A. Kohler 2010-3596 SHERIFF'S RETURN OF SERVICE 06/17/2010 William Cline, Corporal, who being duly sworn according to law, states that on June 17, 2010 at 1315 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robin A. Kohler, by making known unto herself personally, at 117 Partridge Circle, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. I LIAM CLINE, DEPUTY SHERIFF COST: $38.80 June 17, 2010 SO ANSWERS, •w• ~'e'--~_ RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoff. htc. Ftt_CU + ~=r~~F T ROBIN KOHLER ' ~~; ~F ~, ~ t,,f,!~ t~`,. . 117 Partridge Circle Carlisle, PA 17013-8748 Zfl ~ ~ ~a J~ _ ~ ~~~ ~ ~ : ~ } (717)580-9243 Defendant in Proper Person ~L~t~~`~_, ,T _, 1 ~; ,,~; Jr;~~ i' LI^~i`''~ t~'1-'v t~ ~~e~~t IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND FOR CUMBERLAND COUNTY CIVIL DIVISION GE MONEY BANK, Plaintiff, ~• Docket Number: 10-3596 ROBIN KOHLER, Defendant, ANSWER OF DEFENDANT Defendant ROBIN KOHLER answers the Complaint of GE MONEY BANK as follows: The Defendant admits that she was the holder of a GE MONEY BANK credit card, but is without sufficient information, knowledge or legal knowledge to admit or deny the remaining allegations of paragraph 1 of the Complaint, and therefore denies said allegations. Further, the Defendant does not ever recall having been permitted to use GE MONEY BANK's "credit facilities." 2. The Defendant is without sufficient information, recollection or knowledge to admit or deny the allegations of paragraph 2 of the Complaint, and therefore denies said allegations. Further, Defendant demands to see proof of the conditions to which the Plaintiff refers and proof that she did in fact agree to said conditions. 3. The Defendant admits that she accepted goods, merchandise and/or services through the use of the credit card, but is without sufficient information or recollection to admit or deny the remaining allegations of paragraph 3 of the Complaint and therefore denies said allegations. Further, the Defendant demands a complete accounting reflecting all charges and credits to the account. Plaintiff has failed to produce an accounting. 4. The Defendant is without sufficient information or recollection to admit or deny the allegations of Paragraph 4 of the Complaint and therefore denies said allegations. Further, Defendant 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 in that the Defendant has never refused to pay on any part of her debt. 6. The Defendant admits the allegations of paragraph 6 of the Complaint. Page 1 of 3 Further answering: 7. The Plaintiff has an affirmative duty to prove the amount of the debt. If the Plaintiff cannot prove the amount of the debt, this matter should be dismissed with prejudice. 8. The Plaintiff has an affirmative duty to prove that the Defendant agreed to the alleged terms and conditions, and therefore should be required to provide proof that the Defendant intentionally and knowingly assented to the alleged terms and conditions. 9. The answering Defendant alleges that the amount claimed by Plaintiff has been inflated to include improper over-limit chazges, fmance chazges and late payment fees inappropriately charged by Plaintiff. Defendant submits that these charges aze unconscionable and to allow Plaintiff to collect these amounts would be inequitable, and that the extra fees and costs applied by Plaintiff created an impossibility of performance. 10. Defendant denies that Plaintiff is entitled to collect these sums under any contract with Plaintiff. 11. Defendant contends that Plaintiff has charged excessive interest, late fees and penalties, and that there is no enforceable contract between the parties that would allow Plaintiff to recover the amounts already charged. 12. Due to the excessive amounts charged by Plaintiff, Defendant has not been able to reduce the debt, making performance of any obligation impossible, and Defendant contends that these fees should discharged in their entirety. Defendant denies Plaintiff is entitled to recover the interest that was rolled into the amount sought by Plaintiff, and demands an accounting of how it came to the amounts prayed for in the complaint. 13. The Defendant lost her job and was not able to obtain full-time employment almost ayear-and-a- half. This caused her to fall behind in all of her bills. Now that the credit card companies have increased their interest rates and thereby increased the minimum payments, the Defendant has been unable to catch up on her payments. 14. The Defendant wishes to avoid having to file bankruptcy, but will need more time to pay her debt in order not to do so. WHEREFORE, Defendant prays 1. That Plaintiff take nothing by way of the complaint; 2. That Defendant(s) recover costs, and reasonable attorney fees, if incurred; 3. That Plaintiff be required to specifically prove all allegations in this action, including the existence Page 2 of 3 of an enforceable contract containing the interest rate and fees applied to this account; 4. That the Defendant be given more time to pay her debt; 5. That the Plaintiff be awarded no attorney's fees or cost of suit; 6. That no derogatory information appear on the Defendant's credit record as a result of this law suit; and, 7. That the Court award such other and further relief as the nature of this case may require. VERIFICATION The Defendant verifies that the statements made herein are true and correct based upon her knowledge, information and belief. The statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. OBIN KOHLER 117 Partridge Circle Carlisle, PA 17013-8748 (717)580-9243 Defendant in Proper Person CERTIFICATE OF SERVICE The Defendant(s) HEREBY CERTIFY that on this ~ day of L , 2010, a copy of the foregoing pleading was mailed, first-class, postage pre-paid to: Frederic I Weinberg, Esq. Joel M. Flink, Esq. GORDON & WEINBERG, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 Attorneys for Plaintiff This document was prepared by, or with, the assistance of an attorney licensed in PA and NV and employed by Persels & Associates, LLC / Persels & Associates, LLP (CA, MI) / Persels & Associates, PLLC (NC) - 800-498-6761. Page 3 of 3 David D. Buell (rothonotary Off ce of the Pfothdnotag Cum6er[and County, Pennsylvania 7(frkS. Sohonage, F_SQ Solicitor l LJ - 2J 7`p CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, 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 ® Suite100 ® Car[isCe, TA 0(Phone 717 240-6195 0 rFaX 71 7 240-6573