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HomeMy WebLinkAbout10-3597rl 2 092 4 Q?*C`4' O'AR' THIS IS AN ARBITRATION MATTj6. jUjSfEpA1fN& 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 Plaza Drive Alpharetta,GA 30005 VS. Gary Collier 112 Victoria Dr Mechanicsburg PA 17055 0WEERL ND CWMY PYL.1lAN?? COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. to 3 S? 7 Cfv'.? 6 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 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 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 $8,640.50. 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 9/1/09. WHEREFORE, plaintiff claims of the defendant(s) the sum of $8,640.50 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A 2082494 10-13223-0 GE FINANCE-POST Gary Collier 5466801126869319 WRIFICATIOiN 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. , C-nb-D a I ?? MAM r 2244 2082494 10-13223-0 G8 FINANCE-POST Gary Collier 5466801126869319 `n AFFIDAVIT Ida' y1?? , being duly served sworn according to law, depose and say that: 1. 1 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 $8,640.50 plus interest of $.00 at the rate of 0t less credits in the amount of $.00 totaling $8,640.50 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. AFFIANT Sworn to and Subscribed before,#e tt4s(,/ / , day , 2010 Notary Puklig/ ASIAN I NGS o 0-00% Wo Ole Q ? e ?pRy 0 o v N'cg z? 0v o' (W .: kA L B GOJ?`?\ ??"fill SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp SOiICItOr ~an~tp of ~eutbrl~~~ n.~ KY} y5, is i ~~4+ ~ '• ` `i ~'Y}~F;GE "T~4E Sr--~RJFF ~^ T ~lLED--{~!~ i ~ ter:: /~ ~j ~~S- 1~~~ ~~1 ~Z-~ it ~4 !C~•i~'Y+~.f 2Qi0 J1~~J -9 A~ 8~ 43 CUt~i~=`'.~ i.~ t~~;;~liY r~' ~I~^~~VJ~~..~•''~~~~'~~~ GE Money Bank Case Number vs. Gary Collier 2010-3597 SHERIFF'S RETURN OF SERVICE 06/03/2010 Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on June 3, 2010 at 1705 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gary Collier, by making known unto himself personally, at 112 Victoria Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, June 04, 2010 RON R ANDERSON, SHERIFF By ~ EiG-- STEPHEN BENDER, DEPUTY SHERIFF (ci GountySuite Sheriff, Teleosoft, bu. 1N THE r-~S COURT OF COUNTY, STATE OF Plainti$ ~~ vs. Cj-RRY /Z _ caL~ /,c2 Defendant NUMBER: I ©-3~ t'7 t~. ,~ m~_- --,.:_ ~....: ~ C.. c: = x -:.:. ~:. . r :` s_ ,_.. `--= r..~ ~. ANSWER TO COMPLAINT COMES NOW the Defendant in the above styled use to answer the Plairniff s Complaint as follows: U 0 V o F o / ~ o cr r ,S-i f} !-~ +~ ~ niG- j) ~6 T S _ % Y N ow (_ T~ G-~ ~ R- z ~ v F o u .z a: f-!E ~ ct~ rL D i i~ ~S ~C~ E PT>£..D TE>LM S 'Tt4f ~ o tY G--H ~ D ~ ~ `4 ~rN/ ff Avg i ,,,,, o ;L p f .c Tv A-.S S' t S ,' ~-,' ~ o J.~. v 6 L I C~-s~-T ~ ~~ S_ 1r+ ~ -~ R ~ ~ .B E £,/ p R ~ i N cr F t7 R fl- ^^ o .,r, ti c Y r=- >= ~E .~~,~ --rtit s s ~.~ ~ tc, r. i N N a ~ J v N ~. 1 1 , 2010 W ~`~ ~,a-j ~'~ i 5 $ ~,E N ~'N ~/+~ ~ '7"~ /R ~ a ~ ~ o c/.~- ResPectf°llY Submitted, ~~//1-NG~AL OLi1-t ~-ior,Sl M 7,~ A tv K Y J J` Si of Defendant j-~ ~~.T T</E 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 pre-paid, on this the ~~ day oft V N~ , 201 Q Defendant _n _~ ~~ 'r7 rs's ;.R ~:~ ..~r: :~ -~ David -D. Buell Prothonotary Off 'ce of the <1'rothonotag Cum6erland County, P-ennsyfvania 7(yrkS. Sohonage, F{S'Q Solicitor ..J! `.3-97 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28T" 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 0 Suite100 ® Carlisle, TA Thone 717 240-6195 0 Ea.,t 717 240-6573