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Home My WebLink About12-68442076361 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 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 -, „a, 484/351-0500 ~ ~ ..~ GE MONEY BANK COURT OF COMMON PLEAS " 'r ~ ~> `' 4125 Windward Plaza Drive .~ CUMBERLAND COUNTY ;; ~ :~t=~ Alpharetta, GA 30005 ~ -~~~ vs ~~ ~ ~- ~~~ ~ °~-• . DOCKET NO . o c Joanna Furuglyas 11 BENTLEY PLACE Carlisle PA 17013 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 ~~4a~°3.~7s~x1 a~ ~ 1~5~5~ t2 ~ agag8~ ' 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 November 8, 2012 in the amount of $2,420.67. 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 11/10/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,420.67 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERI ~~~~"INBERG, ESQUIRE JOEL M NK, ESQUIRE Attor for Plaintiff POlA Defendants Name: FURUGLYAS, JOANNA Account Number : * * * * * * * * * * * * * 5468 VERIFICATION I hereby state that I am an employee for the plaintiff herein, with authority to sign this verification; 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. Section 4904 which provides for certain penalties for making false statements. Aaron Robinson Version - 1.0.3_PA_09_19_2012 Ref:2N132720JFAN EXHIBIT "A" Jn Court Judicial (Circuit/District) Creditor Name: Debtor Name: Account Number: STATE OF GEORGIA :SS COUNTY OF FULTON GE Capital Retail Bank FURUGLYAS, JOANNA AFFIDAVIT OF ACCOUNT BALANCE o~u~(o3(0l BEFORE ME, the undersigned authority personally appeared and personally known by me, this day, Aaron Robinson and who after being duly sworn deposed and says as follows: 1. I am a competent person over eighteen years of age. I am an employee of GE Capital Retail Bank ("GE Capital"), which is the creditor for the account of the Debtor identified above. I am authorized to make this Affidavit.. 2. I have personal knowledge of the facts set forth in this affidavit. 3. The business records maintained by GE Capital in the ordinary course of its business show that as of the date of this affidavit, the unpaid balance of Debtor's account is $2,420.67. 4. The business records maintained by GE Capital in the ordinary course of its business show that as of the date of this affidavit the last payment was received from the Debtor on 11/10/2008 in the amount of $27.00. ~. Tile business records maintained by GE Capital in the ordinary course of its business show that the account of the Debtor was charged off on 6/1/2009 in the amount of $2,420.67. 6. Based on my search of the Department of Defense Service members Civil Relief Act (SCRA) website, it is my belief that the Debtor is not in military service. I de Tare unde penalty of perjury that the foregoing is true and correct. 10/27/2012 RECOVERY LIAISON SPECIALIST-Affiant forgoing/y~ffidavit otary commission expires: subscribed before me this 27 Day of October , 2012. Version - 1.0.3_PA_09_19_2012 Ref:2N132720JFAN `,~~~;$~EWgR~~i~'i ~~ . s ~~. ~; ~ :'~ ~ 0 ~ ~y? J ~ ~''~~H COV~ ,~. ~ ~~~r;~~e,i; SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff :~ti~~',;~at~un»~f;~~ret i., T,"`iF ~'F~~T~i~L17 ;F`` Jody S Smith ~ ~ Chief Deputy L ~ ~ 2 ~~~ ~ + P~ ~:; Richard W Stewart solicitor PE Ned S YL1/A N 1 ~. GE Money Bank Case Number vs. 2012-6844 Joanna Furuglyas SHERIFF'S RETURN OF SERVICE 11/13/2012 04:35 PM -Deputy Tim Black, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Joanna Furuglyas at 11 Bentley Place, Carlisle Borough Annex, Carlisle, PA 17013. TIM LAC ,DEPUTY SHERIFF COST: $34.00 November 14, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Defendant GE MONEY BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW JOANNA FURUGLYAS, : NO. 12-6844 Civil Defendant NOTICE TO PLEAD _., `- t.M, ~ === -- TO: GE Money Bank ~= ~~' "` ~~,, c/o Frederic I. Weinberg, Esquire '~~'= ~ `=~ ~`_" r._ ~ _-~ Gordon & Weinberg, .P.C. _.. ; ~`~' ~_~~~ -~? - 1001 East Hector Street, #220 r , ~'~ ~ ~` Conshohocken, PA 19428 t~_ ~'' `_ `^, ; ; You are hereby notified to plead to the Answer and New Matter raised herein within twenty (20) days of service of the attached pleading upon you, orjudgment may be entered against you. 28 ~o ~-- ate At4tffony T. McB t Esq. Attorney for Def d t 407 North Front St., first Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Defendant GE MONEY BANK, Plaintiff v. JOANNA FURUGLYAS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 12-6844 Civil DEFENDANT'S ANSWER AND NEW MATTER 1. It is admitted that Plaintiff issued a credit card to Defendant. The remainder of the averment is denied as a conclusion of law to which no response is required. 2. Admitted in part and denied in part. It is admitted that Defendant used the credit card. The remainder of the averment is denied as a conclusion of law to which no response is required. 3. Admitted in part and denied in part. It is admitted that the Defendant used the credit card and from time to time received goods or services in exchange for payment by the credit card. It is denied that the so called affidavit of account attached to the Complaint is true and correct. In point of fact, after reasonable investigation, Defendant lacks indisputable 2 information to determine the truthfulness of this averment. If material, strict proof thereof is demanded. Specifically, Defendant believes that payments may not have been credited properly. Particularly, as raised in new matter below, Defendant denies the date of the last payment on the affidavit of account. 4. Denied. The response to averment number three is incorporated herein by reference. 5. Denied. Defendant does not recall receiving any demands from Plaintiff. 6. Denied. To the best of Defendant's recollection, the last payment was actually made in November or December of 2006. WHEREFORE, Defendant requests this Honorable Court to enter judgment in her favor and against Plaintiff, tax the costs of this action against Plaintiff and to provide any other relief the Court may deem appropriate. NEW MATTER 7. The responses setforth in paragraphs one through six above are incorporated herein by reference. 8. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 9. Plaintiff's claim is barred by the applicable statute of limitation. 10. Ta the extent that interest is included in Plaintiff's calculation of the purported amount due, that portion of Plaintiff's claim is unenforceable under Pennsylvania law in that the interest rate is and was excessive and usurious. WHEREFORE, Defendant requests this Honorable Court to enter judgment in her 3 favor and against Plaintiff, tax the costs of this action against Plaintiff and to provide any other relief the Court may deem appropriate. a a~ ~ at Ant ony T. Mc th, Esq. Attorney for D ant 407 North Front St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. 53729 VERIFICATION I, Joanna Furuglyas, Defendant in the foregoing action, verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa. C. S. §4904 (relating to unsworn falsification to authorities). NOVEMBER 28, 2012 1~ Date J nna Furug ya GE MONEY BANK, Plaintiff v. JOANNA FURUGLYAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 12-6844 Civil CERTIFICATE OF SERVICE I, Anthony T. McBeth, Attorney for Defendant, hereby certify that I have served the attached document by placing same in the United States mail, first class, postage pre-paid addressed as follows: Frederic I. Weinberg, Esquire Gordon & Weinberg, .P.C. Attorneys for Plaintiff 1001 East Hector Street, #220 Conshohocken, PA 19428 ~~ ate ~(FSthony T. M eth, E~ Attorney for of dant 407 North Fro ., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 2076361 GOPD('N & WEINBERG, P. C. By: FREDERIC I . WEINBERG, ESQUIRE -T Z7 77 Identification No. . 4 13 60 - 't 7; -L M. FLINK, ESQUIRE JOE -7 Identification No. : 41200 -a 01 " Hector Street, Ste 220 ('.on,sl-,choc ken, PA 19428 18 j 51--0500 '�F MC)NEY BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY VS . DOCKET NO. : 12-6844 CIVIL loa,nr,E, "uruglyas PLAINTIFF' S REPLY TO NEW MATTER 7 . Plaintiff incorporates herein by reference all the aLLegations contained in its complaint as fully as though each were here set forth at length. 8-10 . Denied. These averments are conclusions of law which require no response under the applicable Rules cf Civil Procedure . However, these averments are denied and strict proof 1-rereof- is demanded at the time of trial . WHEREFORE, Plaintiff demands damages against the deferidant (s) as set forth in plaintiff' s Complaint . GORDON & WEINBERG, ,P. BY: FREDERIC (I . YFE' INBERG, ESQUIRE JOEL M. SINK, ESQUIRE Attorney for Plaintiff P014 VERIFICATION FREDERIC I . WEINBERG, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action and verifies that the statements made in the foregoing pleadings are true and correct to the best of his knowledge, information and belief . The undersigned understands that the statements herein are ;Wade Subject to the penalties of 18 Pa . C. S . Section 4904 VeLating to unsworn falsification to authorities . FREDERIC I . WE ERG, ESQUIRE JOEL M. FLINK, ESQUIRE CERTIFICATION OF SERVICE I, FREDERIC I . WEINBERG, ESQUIRE, hereby certify that I, on r.E (-ate below, served a copy of Plaintiff' s Reply to New Matter, ,r].a First Class Mail, postage pre-paid, to all other parties or .heir counsel of record. l FREDERIC I,_UF�JNBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Via'=ed GORDON & WEINBERG, P.C. 2076361 BY: FREDERIC I. WEINBERG, ESQUIRE Identification No. : 41360 JOEL M. FLINK, ESQUIRE E7 .C5 Identification No. : 81894 r 1001 E. Hector Street, Ste 220 rn Ow Conshohocken, PA 19428 484/351-0500 C3 4 GE MONEY BANK '�- w =-n s� COURT OF COMMON �PL Im Im CUMBER LAND COUNTY VS. DOCKET NO. : 12-6844 CIVIL Joanna Furuglyas w SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this 29Marl3, it is suggested of record that Defendant, �s Joanna Furuglyas, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about March 26, 2013, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 1301525 . Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P. C. BY: FREDERIC I WE BERG, ESQUIRE JOEL M. FL ESQUIRE Attorney for Plaintiff