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Home My WebLink About12-39832126757 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING 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 REQUIRED.,,- 2 .7 _ .., - _. cjl ?c-r - 77 BARCLAYS BANK DELAWARE 125 S WEST STREET WILMINGTON, DE 19801 VS. WILLIAM B TOOMEY 5051 RAVENWOOD RD MECHANICSBURG PA 17055-6783 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. Cl ?v 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:) * 4 Io3.7S gc,1r I-7q S8 I , 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 statements or Affidavit of Account, if available, is attached hereto made part hereof and marked 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 June 20, 2012 in the amount of $3,445.09. 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 8/31/2010. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,445.09 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EINBERG, ESQUIRE JOEL M. NK, ESQUIRE Attorney for Plaintiff 2126757 BARCLAYS BANK DELAWARE WILLIAM B TOOMEY 5140218015571167 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 pe lties for making false statements. I 2126757 BARCLAYS BANK DELAWARE WILLIAM B TOOMEY 5140218015571167 State of Delaware § § County of New Castle § AFFIDAVIT I`, being duly served sworn according to law, depose and say that: 1. I am the authorized representative of 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 $3,445.09 less credits in the amount of $.00 totaling $3,445.09 as of May 17, 2012. 5. If called upon, affiant can testify at trial as to the facts pertaining to this matter. n The above facts are true and correct to the best df ?y knowledge, information and belief. A n/1 - r Sworn to and Subscribed before me this Ilk) day 0 2012 LLM I J? -+ 7- Lhl-o Notary Public P120 ????'1?1 t t 11!//?? .0 2 Z EXPIRES DEC. 30, 2012 V k, ,AY?\A"t /,//////III I0EO ???!\ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor v?t?tY11i o' 4I1?t7?/lt'/;?? i7I-a-( r'Fuv: H 0 NO T 2812 JUL -9 AM 8: 431 CUMBERLr` HD COUNTY PENNS-Y LVANi A Barclays Bank Delaware vs. Case Numbe William B. Toomey 2012-3983 SHERIFF'S RETURN OF SERVICE 06/29/2012 05:15 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2012 at 1715 hours, he served a true copy of the within Complaint and Notice, u n the within na ed defendant, to wit: William B. Toomey, by making known unto Gary Ulrich, adult in c ar a at 5051 Ravenwood Road, Mechanicsburg, Cumberland County, Pennsylvania 17 nt is and at the s am time handing to him personally the said true and correct copy of the same i ,DEPUTY SHERIFF COST: $38.00 July 05, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF > Lj `if` i;.. i C;{adOT,At; M12 X 31 PM I: ;:;5 t?'- MBERLAND COUNT',' PENNSYLVANIA 07/02/2012 Court of Common Pleas Cumberland County Juniper - 5140-2180-1557-1167 William B Toomey To Whom It May Concern: I know that I owe them something but I'm not sure of the break down of the charges its been since 2009/2010. Also note I had insurance with this card but it never kick in to the best of my knowledge. When my position at Arnold Transportation was eliminated on January 14, 2009 I went on unemployment. At that time I paid all my cards and kept them all current. Note that when congress had a debate about extending unemployment or not and how long it would run I sent a letter to all my creditors March 2010 asking them to start my insurance. Note that the card was current at the time. Also I never got any procedure information from any of my cards on how each insurance worked and I'm now in a class action suit with Capitol One and also just got information in the mail about getting some of the payment made to the insurance with HSBC. After the insurance did not kick in I mailed a letter with paperwork showing what I was getting etc and asked If I could make payments of $25 till I got a job. I did get an offer from someone on this account for half etc but my credit score has been under 500 and I'm not able to borrow any money at this time. Note I did asked OneMain Financial (Camp Hill, Pa ph 717-737-0431/Marty) and I was rejected. At this time I have no assets and I rent a room and live pay check to pay check. Also I can prove everthing that I have told you. Note I got hired full time December 2011 and make $32,000. The only problem now is they are going to move my job to Texas we are just not sure when that will happen (AP - moved 2011). Please let me know when I need to appear. Question, do I need a lawyer if so I will need to make a call to the Cumberland County Bar Association. Thank you for your time. 2126757 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. WILLIAM B TOOMEY TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 12-3983 CIVIL NOTICE OF INTENTION TO TAKE DEFAULT WILLIAM B TOOMEY 5051 RAVENWOOD RD MECHANICSBURG PA 17055-6783 DATE OF NOTICE/FECHA DEL AVISO: July 20, 2012 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 DEFENSE 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 LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVI E 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 JOEL M. EINBERG, ESQUIRE ESQUIRE PLOD-2 ¦ Complete items 1, 2, and 3. Also complete A Signature 0 Agent ? ? ddressee item 4 if Restricted Delivery is desired. X ¦ Print your name and address on the reverse printe am o e so that we can return the card to you. F? y ( ¦ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address diff ere m fro item 1? Yes 1. Article Rd'dressed to: It YES, enter delivery dress below: ? No C?To ?? ??-- s?G G E 3. Service Type l Certified Mail ? Express Mail 0 Registered JWRetum Receipt for Merchandi C(?(? ?` ?(Q I ? Insured Mail 0 C.O.D. L t Z? 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7008 1830 0004 2162 8976 Domestic Return Receipt PS Form 3811, February 2004