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
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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
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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