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HomeMy WebLinkAbout12-59342142482 THIS IS AN ARBITRATION MATTEF:. ' HEARING REQUIRED. GORDCN & 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 ASSESSMENT OF DAMAGES BARCLAYS BANK DELAWARE 125 S. West Street Wilmington, DE 19801 vs. TIMOTHY L THOMAS 8 OAK RIDGE RD CARLISLE PA 17015-9710 COURT OF COMMON PLEAS ~,, CUMBERLAND COUNTY = =~_ . ~:a "i-; rTl ~-I ~.'~ . ?'~ X17 r ~a s~3y --; ~a ~~ DOCKET N0. .~ -~ ~ ~.. C ~-~ - -- = ° ~ ~ ~ ~ ~~ ~ ~'::~ ~ ~ -~ ~- NOTICE YOL' 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 SERVEC, 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 07'HER 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. BEDFORL) STREET CARLISLE, PA 17013 (717) 249-3166 ~~,,~ ale:? .7S~a ~t~ ) &~~~ 12~~B1oS8' COMPLAINT IN CIVIL-ACTIOI~1 ~. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the deffendant(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 September 1.0, 2012 in the amount of $4,130.71. 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 or 5/26/2010. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,130.71 plus applicable costs, interest and at'torney's fees. GORDON & WEINBERG, P.C. ;~ - BY: FREDERIC W NBERG, ESQUIRE JOEL M. FIB ESQUIRE Attorney for Plaintiff 2142482 BARCLAYS BANK DELAWARE TIMOTHY L THOMAS 5148919000776297 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. '~1 . J NAME EXHIBIT "A" 2142482 BARCLAYS BANK DELAWARE TIMOTHY L THOMAS 5148919000776297 State of Delaware § County of New Castle ~ a AFFIDAVIT I, ~ ` ~fl~ ~ ~~~, 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 $4,130.71 less credits in the amount of $.00 totaling $4,130.71 as of July 16, 2012. 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. / . ~ ~ AFFIANT: Sworn to and Subscribed _ before me th's ~'' ofr ,2012 No`ta'Yy Public P120 ~~~t~~r~~~~ii ,,.~~,DONQR~. ,. ., ,, ,: „~y. ~,Missi,~•. ~L • e ~1_.: :' "~ "• ~ ~~' , YO7AR~.' Q' . '~ •T...• tiv..~~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?fltr ctulrpbrrr?4 f t<t 'it? Jody S Smith Chief Deputy' .1 r9t .' k '12 OCT 16 AM 9: 05 Richard W Stewart Solicitor OFFICE QF,"ESKRIFF CUMSERLAND C UNT"11 PENNSYLVANIA Barclays Bank Delaware Case Number vs. 2012-5934 Timothy L. Thomas SHERIFF'S RETURN OF SERVICE 10/01/2012 07:51 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 1, 2012 at 1951 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Timothy L. Thomas, by making known unto himself personally, at 8 Oak Ridge Road, 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. G TSHALL, DEPUTY SHERIFF COST: $34.00 October 10, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySwte Sheriff, 7eleosoft, Inc.