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HomeMy WebLinkAbout11-57982109989 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 3 - -? 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 , 484/351-0500 Q i - D t'? 3 O rt ZO GE MONEY BANK COURT OF COMMON PLEAS ;= .. --tir' 4125 Windward Plaza Drive CUMBERLAND COUNTY -? -- Alpharetta GA 30005 VS. DOCKET NO. f I - 5 f g 1. Iv Paul Halter 305 Bahama Cir Carlisle PA 17015 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 act'.).c6rd 0. ?,? is agQ3 Cz ? 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 July 5, 2011 in the amount of $5,566.23. 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 8/16/2010. WHEREFORE, plaintiff claims of the defendant(s) the sum of $5,566.23 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff HALTER, PAUL ************6948 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 whi rovides for certain penalties for making false statements. Naticha Lester-Johnson EXHIBIT "A" Court (Circuit/District) Creditor Name: GE Money Bank Debtor Name: HALTER, PAUL Account Number: ************6948 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: I . 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 : HALTER, PAUL Acct Num : ************6948 6. As of the date of this affidavit, GE Capital's computer records for this account reflect an unpaid balance of $5,566.23. 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 C'apital'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 penalty f perjury that the foregoing is true and correct. ?? -iz ? ?- 4,. 5/9/2011 RE VF,RY LIAISON IALIS - ffiant Date ?Wolgoing affidavit sworn to and subscribed before me this / uay or C My commission expires Debtor : HALTER, PAUL Acct Num : ************6948 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 2J1 If AUr _5 Pi 2: ti 9; CUMPBEE?Rei.ANNSYL0?IAU0f I TIJY ° MIA GE Money Bank Case Number vs. Paul R. Halter 2011-5798 SHERIFF'S RETURN OF SERVICE 07/26/2011 03:30 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 26, 2011 at 1530 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Paul. Halter, by making known unto herself personally, at 305 Bahama Circle, Carlisle, Cumbernd County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. lmnlo' LLhL? - AMANDA COBAUGH, DEPUTIP SHERIFF COST: $34.00 August 02, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF r 't ?'v5 i, c n- ff i v?_ _/ Cpl ? LS C?Covti `/car , L-- Ae- c- h?? C f^?/ ? G??/ rr?-?,..-?;?' p? f?•-_? r c-? ?r ?l v? . ??'vc- !??-?-?c ?,-? r'r? iii-?,?l+-? a ??- ?. o t Pay m ?_ ry,t_c, ? ro /?! rte. ? C}r?- / J? Ca y,- ? _ ?,a vS ? ,?p ??I . .Z C,.,? ?,???c. ?-e'?-?' / /e -5- X-ec So S6 ro Uok? VL.?c/r. 76 v?'f ??1VG1? F jn x_ ??`'" l?1, h /?^Cr?L.?? ?7 !?!S C 1? -? ti` . r r. ".I^ f . 7L() C? v b C? _ ?l^ r,.,K Icy - V? ?, t 1. CC zcr 'FS _ .? ?(?. cue /y t.i_ r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSY -ZNI7V Y-l CIVIL DIVISION J 7'' CAPITAL ONE LANK == _ NUMBER: 11-5958 CI-'IK .+ VS. c DANIEL L KREHLING PRAEC:IPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of Plaintiff and against the Defendant(s) DANIEL L KREHLING for failure to answer Plaintiff's Complaint, endorsed with twenty (20) day notice to plead, served upon Defendant(s) on AUGUST 02, 2011 and assess damages as follows: Unpaid Balance: Plus Interest: Additional Charges: Plus Attorney's Fees: Less Credits, if any: $24,756.32 $281.78 $.00 $.00 $.00 TOTAL DUE: $25,038.10 Pursuant to PaR.C.P.237.1, I hereby certify that notice to file this Praecipe was mailed to the above named Defendant(s) and the Attorney of Record (if applicable) on AUGUST 26, 2011 and copy/copies of the same is/are attached hereto. f By: ARTHUR Y aN, ESQUIRE 3425 Attorney or the Plaintiff LAW OFFICES OF HAYT, HAYT & LANDAU, LLC 123 S. Broad Street Suite 1660 Philadelphia, Pennsylvania 19109-1003 (215) 928-1400 I q C11 rd HV9-7 1 a 1PY ? 73? V-'v COURT OF COMMON PLEAS VERIFICATION OF NON-MILITARY SERVICE CAPITAL ONE 13ANK COMMONWEALTH OF PENNSYLVANIA - VS - DANIEL L KREHLING COUNTY OF PHILADELPHIA I represent the Plaintiff in the above entitled case and am authorized to make this verification. I make this verification on behalf of the Plaintiff upon information and belief: the above named Defendant(s) is/are 18+ years of age; the address of the Defendant(s) is/are DANIEL L KREHLING 115 2ND ST ENOLA, PA 17025 01 the occupation of Defendant(s) is unknown; and the Defendant(s) is/are not in the Military Service of the United States, nor any State of Territory thereof and its Allies as defined by the Servicemembers Civil Relief Act, 50 U.S.C. section 521. _ By: ARTHUR M, Esquire, 2342 Attorne for Plaintiff I verify that the statements made in this verification are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A section 4904 relating to unsworn falsification to authorities. By: ARTHUR L Esquire, 23425 Attorney for Plaintiff LAW OFFICES OF HAYT, HAYT & LANDAU, LLC By: Arthur Lashin, Esquire Identification No. 23425 123 S. Broad Street Su=ite 1660 Philadelphia, PA 19109--1003 (215) 928-1400 Attorney for Plaintiff DATE: AUGUST 26, 2011 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION CAPITAL ONE BANK 4851 COX ROAD GLEN ALLEN, VA 23060 vs. DANIEL L KREHLING 115 2ND ST ENOLA PA 17025 TERM. No. 11-5958 CIVIL NOTICE OF INTENTION TO TAKE DEFAULT PURSUANT TO PA.R.C.P 237.1 You are in default because you have failed to enter a written appearance personally or by 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 800-990-9108 By:% ARTHUR ,e,A-SR1I? #23425