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HomeMy WebLinkAbout11-47702109988 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. FILED-OF 1r'E BY: FREDERIC I. WEINBERG, ESQUIRE fjF THE RROTilohio TARN( Identification No.: 41360 JOEL M. FLINK, ESQUIRE ""JUN-6 AM,(. 05 Identification No.: 41200 1001 E. Hector Street, Ste 220 CUMBERLAND COUNTY Conshohocken, PA 19428 PENNSYLVANIA 484/351-0500 GE MONEY BANK 4125 Windward Plaza Drive Alpharetta GA 30005 vs. Jeffrey Lounsbury 79 Mare Rd Apt 2 Carlisle PA 17015 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. /?? ' J ?7 ? `• ? 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?2 -eo "'Od .424 04 /So X30 4911, 2 GD/lool 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 merchandise 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 May 31, 2011 in the amount of $1,178.00. 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 8/26/2010. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,178.00 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. i" BY: FREDERIC I. W NBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff LOUNSBURY, JEFFREY ************5717 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. Naticha Lester-Johnson EXHIBIT "A" Court (Circuit/District) Creditor Name: GE Money Bank Debtor Name: LOUNSBURY, JEFFREY Account Number: ************5717 In AFFIDAVIT OF ACCOUNT BALANCE & NON-MILITARY STATUS STATE OF GEORGIA :SS COUNTY OF FULTON Judicial BEFORE ME, being duly sworn according to law, deposes and says that he/she is for GE Electric Capital Corporation ("GE Capital"), and that he/she is duly authorized to take this Affidavit on behalf of GE Corporation, and that the facts contained in the attached pleading are true and correct to the best of his/her information, knowledge and belief: 1. I am a competent person over eighteen years of age. I am an employee of General Electric Capital Corporation ("GE Capital"), which is an authorized servicer for certain credit accounts issued by GE Money Bank, and I am authorized to make this Affidavit. 2. The scope of my job responsibilities includes the performance of collection and recovery services. In the performance of my duties for GE Capital, I am familiar with the manner and method by which GE Capital creates and maintains its normal business records, including computer records of its credit accounts held under the name of GE Money Bank. 3. To the best of my knowledge of GE Capital's business records and practices for servicing of its credit accounts, the contents of this Affidavit are true and correct. If called upon and sworn to testify hereto I could and would so competently testify thereto. 4. In the ordinary course of business GE Capital maintains or has access to copies of credit agreements and/or credit card applications entered into between GE Money Bank and its customers enabling such customers to open and use credit accounts with GE Money Bank. I have reviewed form agreements for credit programs for which GE Capital refers accounts to attorneys for collection litigation, each of which provide that the creditor is entitled to recover, to the extent permitted by applicable law, its reasonable attorney's fees and costs incurred in any action to enforce its rights under the agreement. 5. GE Capital maintains, as a regular practice of its business, computer records of activity on GE Money Bank revolving credit accounts, including purchases made, payments received, amounts owing on such accounts, credits and offsets. It is the regular practice of GE Capital's business that entries may be made in such computer records only by individuals having personal knowledge (from examining account documentation) of the information reflected therein and that such entries are made at or near the time the events reflected in them occurred. It is also the regular practice of GE Capital's business to send monthly statements to the accountholders of GE Money Bank credit card accounts reflecting the purchases made, payments received and amounts owing on such accounts. Debtor : LOUNSBURY, JEFFREY ************5717 Acct Num : 6. As of the date of this affidavit, GE Capital's computer records for this account reflect an unpaid balance of $1,178.00. 7. Demand has been made to the Defendant(s) more than 30 days prior hereto for payment of the unpaid balance on this account, but payment for the unpaid balance has not been made. 8. GE Capital's records for this account reflect that the Defendant or Defendants (are) or (is) not in the military service of the United States or any of its allies. I declare under the pe ty of perjury that the foregoing is true and correct. t^trtOO -? 5/9/2011 RECO RY LIAISON- PECIALIST-Affiant Date f going affidavit sworn to and subscribed before ? Y !e rt this day of My commission expires MNICE pUNN NOTARY PUBLIC STATE OF GEORGIA MY COMMDEKAL COUNTY ISSION EXPIRES 02-06-2015 Debtor : LOUNSBURY, JEFFREY ************5717 Notary Public Acct Num : SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff If Ol ti lIltlGC??yCI it 1 i ._ f P t f -[ F f M a +_a Jody S Smith i Chief Deputy 1t Q, Richard W Stewart Solicitor e N-- UM8 EP,LAIN'D C 0u PENNSYLVAINIA GE Money Bank Case Number Jeffvrse. y Lounsbury 2011-4770 SHERIFF'S RETURN OF SERVICE 06/17/2011 03:00 PM - William Cline, Corporal, who being duly sworn according to law, states that on June 17, 2011 at 1500 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jeffrey Lounsbury, by making known unto himself personally, at 79 Mare Road, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. c ILLIAM CLINE, E SHERIFF COST: $34.00 June 20, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c1 Cou r,SJte Shenff. Teaxsofi. lac 4 IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND FOR NORTHHAMPTON COUNTY, PENNSYLVANIA TILED-OFFICE Gordon & Weinberg. ' ON i 'r N ,7i'- 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 20 11 JUL 19 AM 10: 3 4 (484) 351-0500 Attorney for GE. MONEY BANK. CUMBERLAND COUNT'81/ Plaintiff PENNSYLVANIA V. Docket Number: 11-4770 JEFFERY LOUNSBURY 79 Mare rd Apt 2 Carlisle PA 17015 Defendant ANSWER OF DEFENDANT Pro Se Defendant Jeffery Lounsbury, hereby enters her appearance and answers the Complaint of GE Money Bank. as follows: 1. The Defendant denies the allegations of Paragraph 1 of the Complaint. Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. 2. The Defendant denies the allegations of Paragraph 2 of the Complaint. Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off.\ 3. The Defendant denies the allegations of Paragraph 3 of the Complaint. Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. 4. The Defendant denies the allegations of Paragraph 4 of the Complaint. Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. 5. The Defendant denies the allegations of Paragraph 5 of the Complaint. Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off 6. The Defendant denies the allegations of Paragraph 6 of the Complaint. Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off WHEREFORE: The Defendant respectfully requests that Plaintiff's Complaint be dismissed and the relief requested in Plaintiff's Complaint denied. VERIFICATION The Defendant verifies that the statements made herein are true and correct based upon his knowledge, information and belief The statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. FF APT2 CARLISLE PA 17015 717-422-8661 Pro Se Defendant CERTIFICATE OF SERVICE The Defendant(s) HEREBY CERTIFY that on this 1 day of IkA , 201( a copy of the foregoing pleading was mailed, first-class, postage pre-paid to: Frederick Weinberg Attorney No. 41360 Gordon & Weinberg. 1001 E. Hector Street. Ste 220 Conshohocken, PA 19428 484-351-0500 Attorneys for Plaintiff Defendant A This document was prepared by or with the assistance of Gerard Galloway, Esq., an attorney licensed to practice law in the Commonwealth of Pennsylvania, PA Supreme Court Number, 201719 and employed by Persels ar Associates, LLC/Persels at Associates, LLP [CA, MI]/Persels 8E Associates, PLLC [NC]; phone 800-498-6761. Persels ai Associates, LLC, represents this client in out-of-court debt settlement negotiations, but no attorney from Persels at Associates, LLC, will be entering an appearance in this action. Opposing counsel should send all communications related to this case directly to the . Defendant, who is appearing prose. David -D. Buell. Prothonotary Office of the prothonotary Cum6er[and{County, Pennsylvania �yrkS. Sohonage, FSQ, Solicitor 4176 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 0 Suite100 ® Carlisle, (PA 0 Phone 717 240-6195 0 Tax 71 7 240-6573.