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Home My WebLink About10-4458k FILED ?ti = uE THIS IS AN ARBITRATION MP,? ,?E ? _,ASgl IffT OF DAMAGES HEARING REQUIRED.[[ t? ?ii?i GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Ci.'Pr, J`?NTY 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. Michael Smith 348 Old State Rd Gardners PA 17324 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : /? ' 41 yS4-- ?? V! 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 Pd 'Aqa. 6) a/linbrrj ex /;JAs< ?c 2U4/ ', 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 June 15, 2010 in the amount of $3,010.25. 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 12/20/08. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,010.25 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I KWE NBERG, ESQUIRE JOEL M. F IN , ESQUIRE Attorney r Plaintiff P01A 2090996 10-08370-0 GE BINMCE-POST Michael Smith 6011310003523559 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. §4904 which provides for certain penalties for making false statements. -L-) -- ( -1 ) NAME 2244 2080998 10-08370-0 G8 FINANC8-POST Michael Smith 6011310003523559 AFFIMVIT L!, 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 ciretrastances 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 $3,010.25 plus interest of $.00 at the rate of 04 less credits in the amount of $.00 totaling $3,010.25 as of May 26, 2010. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and cc sect to the best of sty knowledge, information and belief. 0 AF8 Sworn to and Subscr Y before as this of _ 2010 No lic ``?ttllllll//??' CSp,NDAq ISS/ p :1 p0 T.q,9 ? . Z rn: r ••.?o ?eLIC % ii11t?O 'if ?fill SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor GE Money Bank vs. Michael Smith RIFFS RETURN OF SERVICE 07/12/2010 03:47 PM -Shawn Hai 2010 at 1540 hours, hE defendant, to wit: Mich State Road, Gardners, handing to him person. SHERIFF COST: $37.90 July 13, 2010 ~a~~iv nt ~ulNbrr~~~~b ~. ,*;~ ~"~~ M ;~r! a'- oF~1CE of 7HE SN$6tlFfi ,~~ fiiLED I = (~: 20f0 Jul. ~ S ~~,j ~: ~ i CU"~~~ ~ , _ ~Li{~fjY' F~L~ ,ice"E,Zi^hiil Case Number 2010-4458 ison, Deputy Sheriff, who being duly sworn according to law, states that on July 12 served a true copy of the within Complaint and Notice, upon the within named el Smith, by making known unto Michael Smith II, Son of def ant at 348 Old :,umberland County, Pennsylvania 17324 its cont,~t~ nd t e same time Ily the said true and correct copy of the same. ~~ ~~ SO ANSWERS, ,~ C~r RON R ANDERSON, SHERIFF (c) CountySuite ShenB, Teleosott, Inc. +r 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 2os„~-DfFICE ~Of THE PROTHONOTARY ?0{0 OCT f 9 A?~ 10~ 25 rUMSERLAND COUNTY PENh'SYLYANIA GE MONEY BANK vs. Michael Smith COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-4458 PRAECIPE FOR LNTRY OF JZJDt~NT FOR NANT OF AN ANSWER, A33E83MBNT OF DA1~GE3 VERIFICATION OF ADDRE33 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 $3,010.25 Less: Payments on Account ( $.00) Total: $3,010.25 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. X4904, 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, Michael Smith, 348 Old State Rd, Gardners PA 17324. 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. ~I~k•ooP~p~'7' ~* 13+7'f8 3. The said defendant (s) is (are) not in the military ~,~'a~{987a 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. 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 , $3, 010.25 as per the above c~t~fication. _ Prot~tary GORDON & WEINBERG, P.C. BY: FREDERIC I W NBERG, ESQUIRE JOEL M. F INK ESQUIRE Attorney fo Plaintiff 2080998 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 N0. 10-4458 Michael Smith 348 Old State Rd Gardners PA 17324 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. jXl Judgment by Default $3,010.25 ~ Money Judgment $ ~ Judgment on Allard of Arbitratora$ ~ 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 PROTH Y 10~9~/0 _~ '~ s 3 i~ ~~ GORDON ~ WEINAFRG, P,C. EiY: FREDERIC I. WF:TNBERG, ESQUIRE ldentitication No.: 413G0 .)OEL M. PLINK, ESQUIRE Idetitifir..~tion No.: 41200 1001 F. Hector Street, Ste 220 Conshohocken, PA 19428 484/:151-0500 2080998 GE MONEY BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET N0. 10-4458 ~_ ~_ s a ~s _~ s .... ..~ i~ ...r «:~ Michael Smith NIQTI~„ DF IN'!'~ldTI06Tt TG Tl1IrE D>iZFAIIJLT '1'U/FARA Michael Smith 348 O]d State Rd Gardners PA 17;124 DATE OF NOTICE/FRCHA DEL AVISO: Augu4t 3, 2010 IMPORTANT NOTICE YOU ARE IN .DEFAULT E3EC:AfJSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY UR BY AN ATTORNEY AND FILE; IN WRITING WITH THE COURT YOUR DTF.'ENSES OR OB~TECTIONS TO THE CLA1M5 SF.,T FORTH AGAINST YOU. UNLESS YOU ACT WITHIN. TEN DAYS FROM 'i'HE DATE OF THIS NOfirCE, A JUDGMrNT MAY BE ENTERED AGAINST YOU WITIIQUT 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 SE'1' E'ORTH I3CT..OW. THIS OFFICE CAN I']20VIDE YOU wiTrl rNFORMATION ABOUT HIRING A T.AWYER. 1N' YOU CANNOT AFFORD TO HIRE R LAWYER, THIS QFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FF.E. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 1`!013 {717} 249-3166 r,ORDON & WEINBERG, P.C. ljY: ~ FREDERIC Wl1NBERG, ESQUIRE DUEL M. LINK, ES4UIitE P10U-2 GORDON & WEINBERG, P.C. VE BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 MAR 11 201 JOEL M. FLINK, ESQUIR E Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 GE MONEY BANK COURT OF COMMON PLEAS 4125 Windward Plaza Drive CUMBERLAND COUNTY Alpharetta,GA 30005 vs. DOCKET NO. 10-4458 Michael Smith -C 348 Old State Rd rrlCo -a- '--? Gardners PA 17324 -- and cn r -< Members lst FCU : c17 1711 Spring Road >CD C'D 7a. -- C Carlisle PA 17013 :r-C) D GARNISHEE D C5 r ( INTERROGATORIES IN ATTACHMENT TO: Members lot FCU - 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? ND 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 par t by the defendant. 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? N0 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? Nz 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. 10 Fur?`? 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. IM T-U.n?IS 9. How much is the value of any property in your possession belonging to the defendant(s)? _ FREDERIC I. W IN&ERG, ESQUIRE JOEL M. FLINK, ESQUIRE fA? Attorney for Plaintiff DATED: 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Michael Smith 348 Old State Rd Gardners PA 17324 and Members 1st FCU 1711 Spring Road Carlisle PA 17013 GARNISHEE Commonwealth of Pennsylvania ) County of CUMBERLAND ) TO THE SHERIFF OF CUMBERLAND COUNTY: DOCKET NO. : 10-4458 To satisfy the judgment, interest and costs against: Michael Smith defendant(s) (1) You are directed to levy upon the property of the defendant(s) and to sell defendant's('s) interest therein: NO LEVY OTHER THAN BANK ACCOUNT (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of Members 1st FCU 1711 Spring Road Carlisle PA 17013- GARNISHEE -SERVE ONLY (specifically describe property) and to notify the garnishee(s) that (a) an attachment has been issued: (b) except as provided in paragraph (c) the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof; (c) The attachment shall not include any funds in an account of the defendant with a bank or other financial institution (i) in which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law or (i) the first $10,000.00 of each account of the defendant with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant's general exemption provided in 42 Pa.C.S. §8123. (3) if property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify (him) such other person that he or she has been added as a garnishee and is enjoined as above stated. AMOUNT DUE $3,010.25 INTEREST from October 19, 2010 $62.35 COSTS Prothonotary fee Sheriff fee Less: Payment on Account ( $.00) TOTAL Prothonotary BY: Clerk DATE: 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. Michael Smith 348 Old State Rd Gardners PA 17324 and Members 1st FCU 1711 Spring Road Carlisle PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-4458 WRIT OF EXECUTION (3) AMOUNT DUE $3,010.25 INTEREST from October 19, 2010 $62.35 COSTS Prothonotary fee Sheriff fee Less: Payment on Account ( $.00) TOTAL FREDERIC I. WEINBERG, ESQUIRE & JOEL M. FLINK, ESQUIRE 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 17 ??y?}tt? at 41tt?GP?,}??? t ???? r? . Jody S Smith Chief Deputy ?s v} i F ? s . Richard W Stewart Solicitor GE Money Bank vs Case Number . Michael E. Smith 2010-4458 SHERIFF'S RETURN OF SERVICE 03/11/2011 10:07 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2011 at 1007 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Michael E. Smith, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Kristal M. Luckey, Member Services 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 March 17, 2011 to Michael Smith at 348 Old State Road, Gardners, PA 17324. SO ANSWERS, &Z N - March 16, 2011 RON R ANDERSON, SHERIFF W iam Cline, Deputy 'Cl Cou^ yS; $to She"t Teieos tt. 1, c. 2080998 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. Michael Smith and Members 1st FCU Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-4458 Zinn ?T= I> J ZO OC'3 M -C co -? PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with Members lst FCU, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff Poll