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HomeMy WebLinkAbout06-0058 I NC007740 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 AMERICAN EXPRESS RISK INFORMATION & BANKIN NEW YORK, NY 10285--441 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. o!- - ~p C?1~JT tfl.~ EUGENE NELSON 75 MARE RD CARLISLE PA 17013 and DAWN NELSON 75 MARE RD CARLISLE PA 17013-0000 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 TvlENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN A,PPEARANCE 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. 4. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due in the amount of $1,801.55. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $1,801.55 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 $1,801.55 at the rate of 0% from the date of September 16, 2003, I together with costs and attorney fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WG, ESQUIRE PAUL M. SCHOF ,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. FREDERIC I. INBE~, ESQUIRE Q -kl.. {;) :;0 7ft 0-t t CJ\ ~~ (") C? -n -- CI( C" .--1 - C,_ ~r: --:t ...z D -rp ;j1 t.." -- - ~ "'v ~ , G) CI) -...() -rJ ....... - D .- --- (:~? L c'l -....z 0'\ .. SHERIFF'S RETURN - REGULAR CASE NO: 2006-00058 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN EXPRESS RISK INFORMAT VS NELSON EUGENE ET AL DOUGLAS RUZANSKI Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NELSON EUGENE the DEFENDANT at 1515:00 HOURS, on the 20th day of January 2006 at 75 MARE ROAD CARLISLE, PA 17013 by handing to EUGENE NELSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.16 .00 10.00 .00 34.16 ",-/.,'-f' ,.;:./~ -? ~..,J~"; - "-__'-',,'~ ,P ~/'-d 7 ,/;...~;:.~:)"__t--:;>:r:.."_',.__,,. .'1" ...-t_~ R. Thomas Kline ! A.D. 01/23/2006 GORDON & WEINBER~// By: I. ~{A Dep(J Sworn and Subscribed to before me this )..(" ~ day of .. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00058 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMERICAN EXPRESS RISK INFORMAT VS NELSON EUGENE ET AL 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 NELSON DAWN but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , NELSON DAWN 75 MARE ROAD CARLISLE, PA 17013 DEFENDANTS ARE DIVORCED. EUGENE IS NOT SURE WHERE DAWN LIVES. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 so~ :::~ ~ ~ R. Thomas Kline Sheriff of Cumberland County GORDON & WEINBERG 01/23/2006 Sworn and subscribed to before me this .;1.l.L day of M '"'"tAD " Pr h~ , . 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 AMERICAN EXPRESS COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-58 CIVIL EUGENE NELSON and DAWN NELSON PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, EUGENE NELSON, and assesses the damages as per statement below. FREDERIC I. WE , ESQUIRE PAUL M. SCHOFI ,JR., ESQUIRE: Attorney for Plaintiff Principal Interest from December 9, 2004 @O% Total: $1,801.55 $ .00 $1,801. 55 I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. ~ FREDERIC I. WE G, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this .-J.0cl day of fYl ~Ji? r ~ , 200b Judgment is entered in favor of the p1aintiff(s) and against defendant, for want of an answer and damages assessed at the ~~m of , $1,801.55 as per the above certification. / Prothon . , NC007740 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, Identification No.: PAUL M. SCHOFIELD, JR., Identification No.: 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 ESQUIRE 41360 ESQUIRE 81894 AMERICAN EXPRESS COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. DOCKET NO. 06--58 CIVIL EUGENE NELSON and DAWN NELSON NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA EUGENE NELSON 75 MARE RD CARLISLE PA 17013 DATE OF NOTICE/FECHA DEL AVISO: February 10, 2006 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 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 J~Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFE:< 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 I PAUL M. SC G, ESQUIRE JR., ESQUIRE P10D-2 . 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 AMERICAN EXPRESS COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-58 CIVIL EUGENE NELSON and DAWN NELSON CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; AMERICAN EXPRESS and that the last known address of defendant, EUGENE NELSON, 75 MARE RD, CARLISLE PA 17013. GORDON & WEINBERG, P.C. BY: - FREDERI PAUL M. Attorney INBERG, ESQUIRE FIELD, JR. ,ESQUIRE for Plaintiff 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY AMERICAN EXPRESS vs. DOCKET NO. 06-58 CIVIL EUGENE NELSON and DAWN NELSON AFFIDAVIT OF NON-MILITARY SERVICE FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he represents the plaintiff in the above- entitled case; that he is authorized to make this affidavit on behalf of the plaintiff; and that the above-named defendant is over twenty- one years of age; that the address of the defendant is, 75 MARE RD, CARLISLE PA 17013; that the occupation of the defendant is unknown; and that the defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Sworn to and Subscribed - c/cA Before me this c! Day ~.o2;:- Notary Public COMMONWEALTH OF PENNSVLVANIA NOTARIAL SEAL . CHRISTINE M, COLON, NDtary Public City bf Philadelphia, Phlla. Cour~ 2000 '"" Q . M .- .~ FREDERIC I. ~~ ESQUIRE PAUL M. SCHOFIELD, JR. ESQUIRE Attorney for Plaintiff . 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 AMERICAN EXPRESS vs. EUGENE NELSON and DAWN NELSON NOTICE NC007740 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 06-58 CIVIL PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $1,801.55. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. BY: Dated: February 22, 2006 FREDERIC PAUL M. Attorney WE~BERG, ESQUIRE LD, JR. ,ESQUIRE for Plaintiff e ;:J () 1; ~ ~ ~ Q __ C> ~ -i ~ ~ ..t:: In \ 1 :z -t:. E - ~ +-- ~ ~ { "", ,"", ~ ''I ~. - : ~j I "., , ',~'