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HomeMy WebLinkAbout06-33382024222 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 Genesis Financial Solutions, Inc. as Successor in Interest to Conseco Finance Corp. as Successor in Interest to Bank of New York 8405 SW Nimbus Ave. #A Beaverton, OR 97008 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : DL -?3 CC) James D Mader 109 Allen CT Camp Hill PA 17011 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, 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 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 k 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 $5,529.40. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $5,529.40 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 $5,529.40 at the rate of 0% from the date of July 21, 2004, together with costs and attorney fees. GORDON & WEINBERG, P.C. BY: FREDERIC IOFIEL RG, ESQUIRE PAUL M. SC JR., ESQUIRE Attorney ftiff POLE 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. WE , ESQUIRE From: 612 684 8222 Page: 21/35 Date: 4/25/200612:3756 PM PLAINTIFF'S AFFIDAVIT OF CLAIM STATE OF Ore1104 l 89. COUNTY OF bUQS?it/!cj jD/) 1 vu Jame/ $rowri being first duly sworn, deposes and states that She is the _ '4A"L ?A? of Genesis Financial Solutions, Inc. and has the responsibility in the ordinary course of businesa of maintaining plaintiffs books and records herein. That a review of the records indicates as follows: 11 That GenesisFinancialSolutions,Inc. is the assignee of BANK OF NEWYORK, that there is now due and owing to Genesis Financial Solutions Inc. byJames DMader aprincipal amount of 55,529.40 plus interest atthe contractual rate orstatutoryratewhicheverispermittedbylaw from and after September 19,2005; 2. That no part thereof has been paid or satisfied, and that there are no set offs, or counterclaims thereto to the knowledge or belief of deponent. C" L yncxk-? Subscribed and sw to before me this Qfhaayof rr I/J2006. Notary Public Janel Brown Agicy and Attotuq Network Uordlnator Genesis Financial Solutions, Inc, Client file: 00000080800000380791 Fwdr file: 127278 Co file: 2024222 This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com ? 69. ? ? ?, rte` ¢ ` ,( `? t - L ? T ; ?? .,,p ? ? , ?; Q '? `'' ? `==? p 6? ? - ?, `: pp / `J ( ? ? ?< G% .,fi ?. ,, A ?' ?"??? ? ? h?aea,, ???a9tm??6'R'?q _.e ;?? .:: s: t _ . ?` ?' ?,e? SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-03338 P ,COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GENESIS FINANCIAL SOLUTIONS IN VS MADER JAMES D 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 MADER JAMES D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT MADER JAMES D NOT FOUND , as to 109 ALLEN COURT CAMP HILL, PA 17011 DEFENDANT HAS NOT LIVED AT GIVEN ADDRESS FOR OVER A YEAR. Sheriff's Costs: So a Docketing 18.00 Service 12.32 Not Found 5.00 Thomas Kline Surcharge 10.00 eriff of Cumberland County .00 45.3 ? GORDON & WEINBERG p /q?aG 06/19/2006 Sworn and Subscribed to before me this day of , A. D. Curtis R. Long Prothonotary office of the vrotbonotarp Cumber[aub Cauntp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor OL -333k CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square - Carlisle, Pennsylvania 17013 - (717) 240-6195 - Fax (717) 240-6573