Loading...
HomeMy WebLinkAbout10-78452092.908 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 r OF THE S?RQTHIONoT .; `y 2 PQ DEC 22 PH 3: 04 CUMBERLAND COUNTY PENN'SYLVAP4!A GE MONEY BANK 4125 Windward Plaza Drive Alpharetta GA 30005 VS. Joyce Mason 14 Auburn Cir C1 Boiling Springs PA 17007 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 9/,,/i / 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 1,161t / oe,k d? a I till wlntxY9 ' 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)tae 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 $1,274.28. 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 11/8/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,274.28 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI BE G, ESQUIRE JOEL M. FLINK, UIRE Attorney for Plaintiff 2092908 10-33620-0 GE MUZY BANK Joyce Mason 4784311000186564 VERIFICATION T 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. E NAMIA_ l EXHIBIT "A" 2244 2092908 10-33620-0 GE MNEY BANK Joyce Mason 4784311000186564 . AFFIDAVIT I, , 1-1 being duly served sworn according to law, depose a d 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 $1,274.28 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $1,274.28 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 correct to the best of my knowledge, information and belief. i ? AFFIANT Sworn to and Subscribed before m this ?ay of v V 2010 n Notarky-Publi SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FILED-0FFIG' THE PROTHO?jo-' GE Money Bank vs. Joyce Mason 2010 DEC 30 PM 1: PENIHS`t [Y HIA Case Number 2010-7845 SHERIFF'S RETURN OF SERVICE 12/27/2010 03:26 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on Decembe 27, 2010 at 1526 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joyce Mason, by making known unto herself personally, at 14 Auburn Circle C1, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to her personally the said true and correct copy of the same. ROBERT BITNER, DEPUTY SHERIFF COST: $33.40 December 28, 2010 SO ANSWERS, R.ON R ANDERSON, SHERIFF FILED-OFFICE OF THE PROTHONOTARY January 27, 2011 Court of Common Pleas Cumberland County 1 Courthouse Sq. Carlisle, PA 17013 2011 JAN 28 PM 2: 18 CUMBERLAND COUNTY PENNSYLVANIA, Attention: Clerk of Courts Response to Summons - Docket # 10-7845 Plaintiff: Gordon & Weinberg, P.C. (GE Money Bank) VS. Defendant: Joyce Mason Dear Sir or Madam, Firstly, I want to apologize to The Court for having to put time into this matter. I am currently employed but barely make enough to survive. I get paid $7.75 an hour and typically work from 10 to 16 hours a week. When 1 incurred this debt I was making over $15.00 an hour and worked full time. I am currently working with a debt settlement company. Preferred Financial Services called the Plaintiffs, Gordon & Weinberg, P.C., on my behalf and attempted to negotiate a settlement. I am unable at this time to pay a lump sum amount. I am not trying to avoid my debt. I am not looking for a handout. I am a hardworking citizen who is only asking to reach an agreement that I can afford. I am making every reasonable effort to deal with my debtors. I am adamantly trying to get in the position to where I can pay off these debts. I do realize that this will take me an extended period of time. I ask that you allow me the time necessary. Thank you for your time. Sincerely, 9ai647W Joyce A Mason Davila). Buell. (Prothonotary Office of the (Prothonotary Cumderfand County, (Pennsylvania ?CPU. Sohonage, ESQ Soficitor �o - 7g 145 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite100 • CarCis(.e, TA • (Phone 717 240-6195 • Ea.K717 240-6573