Loading...
HomeMy WebLinkAbout11-10152102249 THIS IS AN ARBITRATION MATTER. 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 BARCLAYS BANK DELAWARE 125 S. West Street Wilmington, DE 19801 Vs. JASON R NOLL 224 S ENOLA DR ENOLA PA 17025-2812 ASSESSMENT OF M x= a D CO C - Q C--) n c c,? rn COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 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 S -LL % 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 December 23, 2010 in the amount of $2,941.46. 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 9/22/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,941.46 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EIP ERG, ESQUIRE JOEL M. FL IN , ESQUIRE Attorney for Plaintiff 2102249 BARCLAYS BANK DELAWARE JASON R NOLL 5140218023733973 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. NAME : EXHIBIT „A„ 2102249 BARCLAYS BANK DELAWARE JASON R NOLL 5140218023733973 State of Delaware § § County of New Castle § AFFIDAVIT j LK)Df,t'it', being duly served sworn according to law, depose I, }t4 V?X 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. Plaintiff's files are maintained in the usual and ordinary course of business; 3. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 4. There is now due and owing from defendant to plaintiff, the amount of $2,941.46 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $2,941.46 as of November 23, 2010. 5. 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. doul qCA-Lj,(,9,-4 AFFIANT: Sworn to and Subscribed before me this day _Lf of ?C 2010 Notar ublic 7 e yi. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r: ILE _0 = _ iC Sheriff s r , , Jody S Smith - Chief Deputy x 1 11 FFP? -8 PM (? i Richard W Stewart Solicitor.. Barclays Bank Delaware vs. Jason R. Noll Case Number 2011-1015 SHERIFF'S RETURN OF SERVICE 02/01/2011 02:32 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 1, 2011 at 1432 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jason R. Noll, by making known unto himself personally, at 224 S. Enola Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 February 03, 2011 MICHELLE GUTSHA D PUTY SO ANSWERS, RON R ANDERSON, SHERIFF 4 2102249 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 ? ' rq Conshohocken, PA 19428 = y ''T1 484/351-0500 r- = ' BARCLAYS BANK DELAWARE COURT OF COMMON PLEAS:> rv fc CUMBERLAND COUNTY vs. JASON R NOLL DOCKET NO. : 11-1015 PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER ASSESSMEN'P 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 $2,941.46 Less: Payments on Account ( $.00) Total: $2,941.46 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: BARCLAYS BANK DELAWARE and that the last known address of defendant, JASON R NOLL, 224 S ENOLA DR, ENOLA PA 17025-2812. 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. f 'tA 3)y. DON Qty G'*q 15 ?1 J 3 a rb :led y AND NOW, this (? A (/? _ day of 11 IQ??' ` , 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 , $2,941.46 as per the above certif' tion. Prothonot r GORDON & WEINBERG, P.C. BY: FREDERIC I"" WE BERG, ESQUIRE JOEL M. F I ESQUIRE Attorney for Plaintiff 2102249 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 BARCLAYS BANK DELAWARE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 11-1015 JASON R NOLL 224 S ENOLA DR ENOLA PA 17025-2812 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. /X/ Judgment by Default $2,941.46 L-L Money Judgment $ L-L Judgment on Award of Arbitrators$ L 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 PROTH 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 BARCLAYS BANK DELAWARE vs. JASON R NOLL 2102249 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-1015 NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA JASON R NOLL 224 S ENOLA DR ENOLA PA 17025-2812 DATE OF NOTICE/FECHA DEL AVISO: February 22, 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: BERG, ESQUIRE FREDERIC I/PESQUIRE JOEL M. F, P10D-2 Fit.. -0.1FICE OF THE PROTHONOTARY GORDON & WEINBERG, P.C. 2013 OCT _7 PM 2: 32 9 BY: FREDERIC I . WEINBERG, ESQUIRE Identification No. : 41360 CUMBERLAND COUNTY JOEL M. FLINK, ESQUIRE PENNSYLVANIA '—' Identification No. : 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 ggg 484/351-0500 .=, BARCLAYS BANK DELAWARE COURT OF COMMON PLEAS NIMINNEMI CUMBERLAND COUNTY vs . DOCKET NO. : 11-1015 MMM JASON R NOLL INIMMEN MENEM SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this 01Oct13, it is suggested of record that Defendant, JASON R NOLL, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about September 26, 2013, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 1304969. Therefore, this m'a'tter should be stayed until further notice. GORDON & WEINBERG, P.C. BY: - FREDERIC . WEINBERG, ESQUIRE JOEL M. LIN , ESQUIRE Attorney ' • Plaintiff M.