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Home My WebLink About10-73842091637 THIS IS AN ARBITRATION MATTER. W 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. Billy Golden 15 Briar Ln Camp Hill PA 17011 ASSESSMENT OF COURT OF COMMON PLEAS ~ ~ ~;: CUMBERLAND COUNTY -v3 0 .....~ ~rn ° o '~ rn~ z ~ DOCKET N0. : ~U-',~~ ~~ w ~ rn ~~ ~~ A ~ ~ ~ ?~ ~~ ~-~ ~ ~' -C -,~ 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 ~~~~~~~ ate'` ~~~ s~,,,~ ~~ ~ t. 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 11/3/10 in the amount of $2,371.62. 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 9/8/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,371.62 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W1~J.P~BERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 2091637 10-32582-0 GE ~10NEY HANK Hilly Golden 7981924396103269 VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit Mhiah is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knoNledge, information and belief and is based upon information Mhich 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.3. X4904 Mhich provides for certain panaltiea for making false statements. NAME 2244 2091637 10-32582-0 GE CONEY BANK Silly Golden 7981924396103269 AP'SIDAVIT _, ~~ -1 ~ ~ ~~._, being duly served sMOrn according to lax, depose and say that: 1. I am the agent for the Plaintiff herein and I haw custody and control of the files relating to this account; 2. =have personal knoxledge of the facts and circumstances in' connection xith 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. Them is nox duo and oxing from defendant to plaintiff, the amount of $2,371.62 plus iaterest of $, 00 at the rate of 0$ less credits in the amount of $.00 totaling $2,371.62 as of October 11, 2010. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter, The above facts arm true and rrect to the beat of my knoMledga, information and belief. IANT 3MOrn to and Subs ibed befor mo this ~~ ~ ~. 2¢10 Notary ~®~at~?~aasa~~ '@~' v .... r.o~ r N `s'~' ~` R';~ ~,~'Yl ' v ~`° ~ a:d s, f~ f ,~~` .~ F V.`~~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff F THE PROTHONOTARY Jody S Smith Chief Deputy 2010 DEC -9 Pty 4, 20 Richard W Stewart "' A MBERLANO COUH t t Solicitor PENNSYLVANIA GE Money Bank vs. Billy Golden Case Number 2010-7384 SHERIFF'S RETURN OF SERVICE 12/02/2010 05:37 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December 2, 2010, at 1737 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Billy Golden, by making known unto himself personally, at 15 Briar Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 December 03, 2010 RYAN BURGETT, DEPUTY SO ANSWERS, l? `L '-- RONI`4Y R ANDERSON, SHERIFF Lawrence B. Schwartz, Esquire PA Attorney ID #37499 514 Lombardy Road Drexel Hill, PA 19026 (215) 440-9722 Attorney for Defendant GE MONEY BANK 4125 Windward Plaza Drive Alpharetta, GA 30005 Plaintiff V. BILLY GOLDEN 15 Briar Ln Camp Hill, PA 17011 Defendant OF THE PROTHONOTARY- 1011 j! P;2:24 CUt13,rERLA,tk'D COUHTY PEP4r,'SYL!/Alq : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA . NO. 10-7384 : CIVIL ACTION - LAW ENTRY OF APPEARANCE To the Prothonotary: Kindly enter my appearance for the Defendant in the above-captioned civil action. Lawrence B.. Schwartz, Attorney for the Defend Billy Golden 86 Lawrence B. Schwartz, Esquire PA Attorney ID #37499 514 Lombardy Road Drexel Hill, PA 19026 (215) 440-9722 Attorney for Defendant GE MONEY BANK 4125 Windward Plaza Drive Alpharetta, GA 30005 Plaintiff V. BILLY GOLDEN 15 Briar Ln Camp Hill, PA 17011 Defendant FILED-OFFICE OF THE PROTHONOTARY 2011 Ji ' -', I'f' 2 24 liUMBC_RLP'VNID COUNTY PEE P=,SYLVf INIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 10-7384 : CIVIL ACTION -LAW PRELIMINARY OBJECTIONS TO THE COMPLAINT AND NOW COMES the Defendant, Billy Golden, by and through his counsel, and submits the following Preliminary Objections to the Plaintiffs Complaint, as follows: COUNTI 1. In a credit card collection suit, the plaintiff must "attach the writings which assertedly establish [the creditor's] right to a judgment." Atlantic Credit and Finance, Inc. v Giuliana. 2003 Pa. Super. 259, 829 A.2d 340, 345 (2003). 2. The federal Truth In Lending Act, 15 U.S.C. 1637, and its implementing 1. Failure of a Pleading to Conform to Law or Rule of Court - Pa.R.C.P. 1028 (a)(2); Insufficient Specificity in a Pleading - Pa.R.C.P. 1028(ax3) regulations found at 12 C.F.R. 226.5-226.16, require that banks offering open-end credit card accounts to consumers must provide, in writing, language that is clear and conspicuous so that the consumer knows what all the terms of the agreement are prior to signing. 3. Pa.R.C.P. 1019(i) states "when any claim or defense is based upon a writing, the pleader shall attach a copy of the writing" to the pleading. 4. Plaintiffs complaint, a true copy of which is attached hereto as Exhibit "A", should be dismissed because it does not include the writings which form the alleged contractual relationship between the parties and does not explain their absence. COUNT II H. Legal Insufficiency of a Pleading (Demurrer) - Pa.RC.P. 1028(a)(4) 5. Defendant incorporates the averments of paragraphs 1 through 4 above as if fully set forth herein. 6. The Plaintiffs complaint does not attach a copy of the alleged cardholder agreement between the parties, and does not attach copies of records or other documents showing relevant debits and credits to the account. 7. Therefore, the Plaintiff has failed to plead claims legally sufficient to make a prima facie case for breach of contract against the Defendant. WHEREFORE, Defendant objects to Plaintiffs complaint and respectfully requests that the Court dismiss the complaint and for such other relief that is just and proper. Lawrence B.. gchwartz, Esquire Attorney for the Defendant / I L-- ?` rl IT1 iT C-C, • THIS IS AN ARBITRATION MATTEA 5-5-j R. ASSESSMENT 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 COURT OF COMMON PLEAS c-) C) ! 4125 Windward Plaza Drive CUMBERLAND COUNTY ° Alpharetta GA 30005 ! v 5 vs . DOCKET NO. :11b -7q -t9 wo CD Billy Golden .mac s? 15 Briar Ln Camp Hill PA 17011 $ -?-{rn ! z+ a i -? -< Ewa YOU HAVE BEEN SUED IN COURT. IF U 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 YOU DO NOT HAVE A SET FORTH BELOW TO Lklh e'V 0,0 Q# ? •12/03/2010 14:45 17177613266 PAGE 03 CCOOkf PLAINT IN C VIL-A TION 1. At all times relevant hereto, the defendants) was the holder of a credit card, which at the request of the ?::efendant(s) was issued to the defendant (s) by the plaintiff under tie terms of which the plaintiff agreed to extend to defendant (s) :he 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 anti conditions prescribed by the plaintiff for the use of said credit c<rd. 3. The defendant(s)received and accepted goods acid merchand- ise and/or accepted services or cash advances through th-; use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account or Affidavit of Account, if a•:ailable, is attached hereto as Exhibit "A". 4. All the credits to which the defendant(s)is e•ititled have been applied and there remains a balance due as of 11:3/10 in the amount of $2,371.62. 5. Plaintiff has made demand upon the defendant(;:)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 •:n 9/8/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,371.62 plus applicable costs, interest and attorney': fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W ERG, ESC13IRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 12/03/2010 14:45 17177613286 2091637 10.32382-0 64i IIQBBZ= BBm Bill? golden 7901924394203269 _ heximby state that I as1 the agrnt for the plaintiff hereinr and that the facts set forth in the attached affidavit Uh.14h is incorporated by refersaace in the foregaq Carplaint in Civil ]1c Ion are true and corrsat to the best of aW knowledgs, infamation and belief and is based vow infer" atioa which plaintiff has furnish" to counsel. The lanquava in fte Complaint is tkit of counsel and not of plaintiff. To the extent that the contiants of the C=Wlaint ars that of canasel , plaintiff has spelled upon commal in Baking this r+srifieattion. This rerifiostian is aiads subject to 18 Pa.C.9. 54904 which pnovides for certain panaitiss for nakinq false statemmnts. h- PAGE 04 22/03/2010 14:45 17177613286 PAGE 05 2244 silly Golden 7981924396103269 2081637 10-32392-0 6le ?10?= s3m 1r (Y)V 1 ]1? being 1V'i!f _ duly served swosa according to law, depose and say that: ' 1. 1 w the agent for the P1a nt ft herein and Y hove enstody and control of the filer relating to this acoount; 2. 2 have personal knowledge of the feats and ciaammstances in' aawectio® With this ogee; 3. Plaintiff Is files are maintained An the usual sled ordinary marsa of b sAwss ; 4. This aatien is based on s clads fox breseb of Go, tract and that dwsges are sauOt as a d3iect reach of said breach; B. Tba" is now dee and owlag free dafsmdant to plaintiff, the aamimat of $2,271.62 plus intaacest of 8.00 at the sate of 00 loss erudite in the amount of 8.00 totally 81,371.62 ss of Ootdmc 11, 2010. 6, It called teen, affiant can testify at trial as to the facts n.r-.injW to this sattes. 2ba sbovls feats are true and sret to the best of yap knowledge, infosaetion and belief. - S-n- to and FE;T.{tP?E_ ! _ s r.. ? .,.T fr X'k Lawrence B. Schwartz, Esquire PA Attorney ID #37499 514 Lombardy Road Drexel Hill, PA 19026 (215) 440-9722 Attorney for Defendant GE MONEY BANK 4125 Windward Plaza Drive Alpharetta, GA 30005 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA V. BILLY GOLDEN 15 Briar Ln Camp Hill, PA 17011 Defendant : NO. 10-7384 : CIVIL ACTION -LAW CERTIFICATION OF SERVICE On January 3, 2011, the undersigned served true copies of the Entry of Appearance and the Preliminary Objections to the Complaint upon the following persons by first class U.S. mail, postage pre-paid: Frederic I. Weinberg, Esquire Joel M. Flink, Esquire Gordon & Weinberg, P.C. 1001 E. Hector Street, Ste. 220 Conshohocken, PA 19428 Billy Golden 15 Briar Ln. Camp Hill, PA 17011 Lawrence B.: Schwartz, Attorney for the Defend 2091637 OF T@°I1 PROTI-I0N0'rAI°%`( GORDON & WEINBERG, P. C. 2013 MAY 17 PM 1: 33 BY: FREDERIC I . WEINBERG, ESQUIRE CUMBERLAND COUNTY Identification No. : 41360 PENNSYLVANIA 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 NO. : 10-7384 Billy Golden °— PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC I . WEI ERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P006 CERTIFICATION OF SERVICE I, FREDERIC I . WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Withdraw Complaint to Pa.R.C. P. 1028 (c) (1) , via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDE C I. EINBERG, ESQUIRE Dated