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HomeMy WebLinkAbout10-7846.2091697 THIS IS AN ARBITRATION MATTER. 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 FILEOI-OFFICE "T' THE PROTHONOTARY A Ol O DEC 22 PM 3:04 'CUMBERLAND COU,?jTY "Eh'NS'Y'LVAN1 ?. GE MONEY BANK COURT OF COMMON PLEAS 4125 Windward Plaza Drive CUMBERLAND COUNTY Alpharetta GA 30005 VS. DOCKET NO. George Wetzel 37 Fox Hill Rd Shippensburg PA 17257 NOTICE Cllr/l 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 # ##y ItIVIab4l etll /31901 ;?c? asa??r5 I - 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 12/8/10 in the amount of $1,278.62. 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 12/19/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,278.62 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE RG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 2091697 10-33487-0 G8 MOMY BANK George Wetzel 7981924397256058 VMIFIGTION 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. r; NAME 2244 2091697 10-33487-0 GE M(7N= BANX George Wetzel 7991924397256038 AFFIDAVXT I, _tj Cj)LLJ? 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 $1,278.62 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $1,278.62 as of November 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 c rect to the best of my knowledge, information and belief. AF I T Sworn to and Subscribed before me?this jj-?day of 201 Nota(rv Publi ti' y SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff MT;fj'`t' tit Jody S Smith Chief Deputy JAN 12 AN 9: 't.5 7 Richard W Stewart ' IM ERi;..AND Col jtgj'', Solicitor E r, ,, S d! V A g4I W GE Money Bank vs Case Number . George Wetzel 2010-7846 SHERIFF'S RETURN OF SERVICE 01/07/2011 12:30 PM - Brian Barrick, Corporal, who being duly sworn according to law, states that on January 5, 2011 at 1230 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: George Wetzel, by making known unto himself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and coact copy of the s e. c BRIAN' BARRICK, DEPUTY SHERIFF COST: $46.00 January 07, 2011 SO ANSWERS,' RON R ANDERSON, SHERIFF 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 G7 2091697 C mW rn r"i ? N as p' GE MONEY BANK vs. George Wetzel COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-7846 PRAECIPE FOR ENTRY OF JUDGMENT FOR PANT OF AN ANSWER ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS 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 $1,278.62 Less: Payments on Account ( $.00) Total: $1,278.62 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, 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, George Wetzel, 37 Fox Hill Rd, Shippensburg PA 17257. 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. 3. The said defendant(s) is (are) not in the military 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. av- *- pu Q Cti?klyy3?8' ??'?r ,lln?; Ind n.+,J55 59 S ~ AND NOW, this -E?? day of CLb • 2011 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 , $1,278.62 as per the above certification Prothonotary GORDON & WEIN ERG, P.C. BY: FREDERIC W INBERG, ESQUIRE JOEL M. F I , ESQUIRE Attorney r Plaintiff 2091697 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 NO. : 10-7846 George Wetzel 37 Fox Hill Rd Shippensburg PA 17257 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. /// Judgment by Default $1,278.62 ,/L Money Judgment $ /L Judgment on Award of Arbitrators$ 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 ??? IIPROTHONOTARY a 1 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 2091697 GE MONEY BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. : 10-7846 George Wetzel NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA George Wetzel 37 Fox Hill Rd Shippensburg PA 17257 DATE OF NOTICE/FECHA DEL AVISO: January 28, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT 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 SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERIC NBERG, ESQUIRE JOEL M. NK, ESQUIRE P10D-2 _4 w Tracy L. Updike, Esquire OF THELPROTHONOTAR Y PA Supreme Court ID # 88680 2011 MAR 28 PM 12.- 51 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street CUMBERLAND COUNTY P.O. Box 60457 PENNSYLVANIA Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GE MONEY BANK, Plaintiff, vs. GEORGE WETZEL, Defendant CIVIL ACTION - LAW No. 10-7846 NOTICE OF STAY NOTICE IS HEREBY GIVEN that George Wetzel, above-named Defendant, has filed a Petition under Chapter 13 of the United States Bankruptcy Code to Case No. 1-11-01401 and as a result thereof, the above-captioned action is stayed until further Order of the United States Bankruptcy Court. The undersigned executes this Notice for purposes of giving notice only; and the providing of this Notice is not intended to enter an appearance in the within case. Respectfully submitted, Date: March 24, 2011 CUNNINGHAM & CHERNICOFF, P.C. Bjacy L pdike, squire I.D. #88680 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 .1 0 Tracy L. Updike, Esquire PA Supreme Court ID # 88680 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GE MONEY BANK, CIVIL ACTION - LAW Plaintiff, No. 10-7846 VS. GEORGE WETZEL, Defendant CERTIFICATE OF SERVICE I, Lisa Fuge, do hereby certify that a true and correct copy of the NOTICE OF STAY was sent by first class mail, postage prepaid on this day to the following: Frederic Weinberg, Esquire Joel Flink, Esquire 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 Date: March 24, 2011 F:\Home\LFUGE\WETZEL-GEORGE\NOTICEBK-GE Moneympd 2 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. By: Lisa Fuge, Paraleg