Loading...
HomeMy WebLinkAbout10-5527r ' 9% THIS IS AN ARBITRATION MATTER ?,?SLt? Gy S{? DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. MAI& 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 4125 Windward Plaza Drive CUMBERLAND COUNTY Alpharetta GA 30005 VS. DOCKET NO. : io - 559-7 aly!(Term Nancy Bjurstrom 15 Roosevelt St Encla PA 17025 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 Q 4q&-00 PA ATr,/ c*IAgg0p et 9,062/(o % 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 July 29, 2010 in the amount of $3,285.24. 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 10/16/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,285.24 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: t?s_ FREDERIC I. RG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 2089104 10-26622-0 = Money Bank Nancy Sjurstrom 5466801100088134 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. §4904 which provides for certain penalties for making false statements. "l-WIZ EXHIBIT "A" 2244 2089104 10-26622-0 G8 Money Bank Nancy 11jnrstrom 5466801100088134 ArrIDAVIT v? ?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 $3,285.24 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $3,285.24 as of July 7, 2010. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and rrect to the best of my knowledge, information and belief. AFFIANT Sworn to and Subscribed before tae this day 2,010 Notary `???111111//??? J ENN CO o? OS AR Aor 4e covN? '??„ llllll???• SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 8,%V of +[mbrr? OFFiCE')F" "-FRiFF !7 T !7 N1, 0 TA R ,a 10 s =7" ? 2 ;''112: 4 8 GE Money Bank Case Number vs. Nancy Bjurstrom 2010-5527 SHERIFF'S RETURN OF SERVICE 09/20/2010 05:30 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2010 at 1730 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Nancy Bjurstrom, by making known unto herself personally, at 15 Roosevelt Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $55.00 September 22, 2010 STEPHEN BENDER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF !ci CountySuite Shenft. Telecsoft. Vnc. S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. DIVISION GE MONEY BANK, ) Plaurti~ ) v. ) NANCY BJ[JRSTROM, ) Defendant. ) Docket No. 10-5527 ANSWER CIVIL ACTION Plaintiffs Address: 4125 Windward Plaza Derive Alpharetta, Georg+a 30005 Defendant's Address: 15 Roosevelt Street Enol<a, Pennsylvania 17025 717-732-4538 ,~ ~ ~~-- ~ ~ z -n ra :~ c~ = s~ ~ ca -~n :.$y: t:,, ca c3 ~ ~ ~ ~~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. DIVISION GE MONEY BANK, ) Plaintiff ) Docket No. 10-5527 ANSWFIt v. ) CIVIL ACTION NANCY BJURSTROM, ) Defendarrt. ) ANSWER OF DEFENDANT Defendant Nancy Bjurstrom enters an appearance pro se in the above-captioned matter to answer the Complai~rt of GE Money Bank as follows: 1. The Defendant admits only that a credit card was issued; the Defendant denies the remaining alle~tioffi of Paragraph 1 of the Co~hixrt. 2. The Defendant admRs only that a credit card was used; the Defendant denies the remaining allegations of Paragraph 2 of the Complaurt. 3. The Defendant admits only the use of a credit card; the Defendant denies the remaini<~g allegations of Paragraph 3 of the Complaiirt. The Defendant requests that the Plaintiff be required to provide a deta~ed accounting of all purchases, charges, credits, offsets and paymerrts to the alleged accourrt in order to permit further adxnlssions and denials. 4. Tl~e Defendant denies the allegations of Paragraph 4 of the Complaint and demands strict proof thereof 5. The Defendan denies the allegations of Paragraph 5 of the Complaint. 6. The Defendant lacks sufficient inf'om~ation to either admit or decry the alle~tions carrtaicyed in Paragraph 6 of the Complainrt. AFFIRMATIVE DEFENSES 1. The Defendant alleges that the complaint and each and every cause of action stated therein fats to state facts sufficient to constitute a cause of action against the Defendant. 2. The Defendant alleges that the amourrt claimed by Plaintiff has been inflated to i~lude improper finance and other charges and late payment fees inappropriately charged by Plaintiff. The Defendant submits that these charges are unconscionable and that allowing Plaintiff to collect these armiurts would be inequitable. The extra fees and costs applied by Plaintiff created an impossibility of performance. 3. The Defendanrt denies that Plaintiff is e~led to collect any additional amounts under any contract with Plaintiff. The Defendanrt contends that the excessive interest, late fees and penahies charged by Plaintiff result in there being nQ e~orceable contract between the parties that would allow Plaintiff to recover the amounts claimed. 4, As a result of the excessive amounts charged by Plaintiff the Defe~arrt has not been able to reduce the debt, making perfom~ance of any obli~tion impossible. The Defendant conends that these fees should discharged in their entirety. The Defendant denies that Plaintiff is entitled to recover the inerest that was included in the amount sought by Plaintiff and demands an accountrt~g of the maruier that Plaintiff calculated the amourrts prayed for in the Complaint. 5. Plainrtiff has an aflirnrative duty to prove the atmurrt of the debt. If the Plaint cannot prove the armunt of the debt, this matter should be dismissed with prejudice. 6. The amount that the Plaintiff alleges is due is greater than the actual mmunt due, therefore the .Defendant demands a complete accounting. tiVI-~..REI;'Ol2E the Defendarrt requests: 1. That the relief prayed by the Phintiff be denied. 2. That the Court award such other and fiuthet relief as the nature of this case may require. r ~~ ancy Bjurstrom 15 Roosevelk Street F.no1a, Pennsylvania 17025 717-732-4538 Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this G ~ day of ~ O ~ ~ , a copy of the foregoing pleading was nr~ed, fast-class, postage pre-paid to: Frederick I. Weinberg Joel M. Flak Gordon & Weinberg, P.C. 1001 E. Hector Street, Ste 220 Conshohocken, Pennsylvania. 19428 484-351-0500 Attorney ~r Plaurtiff ../~ Nary Bj INDIVIDUAL VERIFICATION ~..._ COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF ) The undersigned, being duly sworn, deposes and says that: I am the defendant in the within named action; that I have read the fi~regoing Answer to the Complaint and knew the cotrte~s thereof and that same is true to the best of my knowledge, except as to those matters therein stated to be alleged upon ir~fonnation and belief and as to those matters I believe to be true. Nancy Bjurstro Sworn to before me this __~___ day of ~, , 2010. Notary Public