HomeMy WebLinkAbout05-44642009343
THIS IS AN ARBITRATION MATTER. ASSESSMENT OF
DAMAGES HEARING REQUIRED.
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
PAUL M. SCHOFIELD, JR., ESQUIRE
Identification No.: 81894
21 SOUTH 21ST STREET
PHILADELPHIA, PA 19103
215/988-9600
Excalibur II, LLC as successor
in interest to DISCOVER
FINANCIAL SERVICES, I
65 Flagship Drive
North Andover, MA 01845
VS.
ANTOINETTE MELI NGO
108 Wesley Dr
Mechanicsburg PA 17055-3541
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. '. C)S -?4,?y CjUt? (tJ
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
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 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 in the amount of
$2,185.03.
5. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $2,185.03 but the defendant(s)has
failed and refused and still refuses to pay the same or any part
thereof.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$2,185.03 at the rate of 6% from the date of September 21, 2001,
together with costs and attorney fees.
GORDON & WEINBERG, P.C.
BY:
REDVK C I. WEINBERG, ESQUIRE
.FK
PAUL M. SCHOFIELD, JR., ESQUIRE
Attorney for Plaintiff
POLE
VERIFICATION
FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the
attorney for the Plaintiff(s) in this action and verifies that the
statements made in the foregoing pleading are true and correct to
the best of his knowledge, information and belief.
The undersigned understands that the statements herein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating
to unsworn falsification to authorities.
C I. WEINBERG, ESQUIRE
EXHIBIT "A"
2009343
ANTOINETTE MELI NGO
6011002780153375
AFFIDAVIT
I, Karen Darisse , being duly served
sworn according to law, depose and say that:
1. I am the agent for the Plaintiff herein and I have custody
and control of the files relating to this account;
2. I have personal knowledge of the facts and circumstances in
connection with this case;
3. Plaintiff's files are maintained in the usual and ordinary
course of business;
4. This action is based on a claim for breach of contract and
that damages are sought as a direct result of said breach;
5. After allowing for all offsets and credits, a balance
remains on the subject account having account number
6011002780153375in the amount of $2,185.03; and
6. 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.
(Name of Affiant)
Sworn to and Subscribed
before me this ,-/E day
of 2 05
Notary Pu lic
6M3
V l PI
'
<
_
w
v
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-04464 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
EXCALIBUR II LLC
VS
NGO ANTOINETTE MELI
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
NGO ANTOINETTE MELI but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT & NOTICE ,
NOT FOUND , as to
the within named DEFENDANT , NGO ANTOINETTE MELI
108 WESLEY DR
MECHANICSBURG, PA 17055-3541
108 WESLEY DRIVE IS VACANT.
MAIL IS STILL DELIVERED TO GIVEN ADDRESS.
Sheriff's Costs: So answer
Docketing 18.00 7
Service 8.00
Not Found 5.00 R. T omas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
41.00 GORDON & WEINBERG
09/06/2005
Sworn and subscribed to before me
this day of dCi ?r
d:::a OS D.
Pro onot
2009343
THIS IS AN ARBITRATION MATTER. ASSESSMENT OF
DAMAGES HEARING REQUIRED.
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
PAUL M. SCHOFIELD, JR., ESQUIRE
Identification No.: 81894
21 SOUTH 21ST STREET
PHILADELPHIA, PA 19103
215/988-9600
Excalibur IT, LLC as successor
in interest to DISCOVER
FINANCIAL SERVICES, I
65 Flagship Drive
North Andover, MA 01845
VS.
ANTOINETTE MELT NGO
108 Wesley Dr
Mechanicsburg PA 17055-3541
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : OS _144itU Chit 1 / CT
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
y491 a. gyp, p.. ,., rn ±,c aw e+l,t°:Y!/?
and ll!'t! .v?R bn ''aTk+w($, 1-19.
I >i3
,nclx ,y
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 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 in the amount of
$2,185.03.
5. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $2,185.03 but the defendant(s)has
failed and refused and still refuses to pay the same or any part
thereof.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$2,185.03 at the rate of 6% from the date of September 21, 2001,
together with costs and attorney fees.
GORDON & WEINBERG, P.C.
BY:
Z'RED?AIC I. WEINBERG, ESQUIRE
PAUL M. SCHOFIELD, JR., ESQUIRE
Attorney for Plaintiff
POLE
VERIFICATION
FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the
attorney for the Plaintiff(s) in this action and verifies that the
statements made in the foregoing pleading are true and correct to
the best of his knowledge, information and belief.
The undersigned understands that the statements herein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating
to unsworn falsification to authorities.
EXHIBIT "A"
2009343
ANTOINETTE MELT KGO
6011002780153375
AFFIDAVIT
I, Karen Darisse , being duly served
sworn according to law, depose and say that:
1. I am the agent for the Plaintiff herein and I have custody
and control of the files relating to this account;
2. I have personal knowledge of the facts and circumstances in
connection with this case;
3. Plaintiff's files are maintained in the usual and ordinary
course of business;
4. This action is based on a claim for breach of contract and
that damages are sought as a direct result of said breach;
5. After allowing for all offsets and credits, a balance
remains on the subject account having account number
6011002780153375in the amount of $2,185.03; and
6. 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.
(Name of Affiant)
Sworn to and Subscribed
before me this ff- day
of 2 OS
Notary Pu lic
L COMMpnw alfb of ublic
pachu
?6fa ?h'2Y 2 09 Tres sells
i t ci l °;'' SCt
j_
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cuntberranb Cuuntp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
-YYLY CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
RCP230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573