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Home My WebLink About06-3339 2026481 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 Bank of New York 8405 SW Nimbus Ave. #A Beaverton, OR 97008 VS. Rae E Brion 303 Limekiln Rd New Cumberland PA 17070 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : DL - 3339 (?,0.1 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 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 $17,171.10. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $17,171.10 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 $17,171.10 at the rate of 0% from the date of December 10, 2004, together with costs and attorney fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W INB RG, ESQUIRE PAUL M. SCHOF D, JR., ESQUIRE Attorney for Plaintiff 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 ESQUIRE From: 612 664 8222 Page: 22(35 Date: 4/25/200612:37:56 PM PLAINnFF'S AFFIDAVIT OF CLAIM STATE OF Ore orl I ss. COUNTY OF '?,??'?LS 53 Qahe l O being first duly sworn, deposes and states that the as the _ AA zz luL of Genesis Financial Solutions, Inc. and has the responsibility in the ordinary course of business ofmaintaining plaintiff s books and records herein. That a review of the records indicates as follows: That GenesisPinancial Solutions, Inc. is the assignee of BANK OFNEW YOMthatthemis now due and ovwing to Genesis Financial Solutions Inc. byRae E Brion a principal amount of $17,171.10 plus interest at the contractual rate or statutory rate whicheveris Permitted bylaw from and after September 19,2005; 2. That no part th<aeofhas been paid or satisfied, and that there are no set offs, or counterclaims thereto to the knowledge or belief of deponent. Subscribed and sworn to before me this 27 day of 4ai I 204. Notary Public client file: 000000801 00000381150 Fwdr file: 127279 Co file: 2026481 Jenel Brown Agency and Attorney Network Coordhow Genesis Financial Solutions, Inc. IA " ON2?8 1ANJ This fax was received by GFI FAXmaker fax server. For more information, visit: hftp:fiwww.gfi.com -tcs r T Q N ? ?' Y_' rri T c n cz'c c: 2026481 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 Bank of New York VS. Rae E Brion 303 Limekiln Rd New Cumberland PA 17070 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-3339 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Plaintiff's Complaint in Civil Action in the above-captioned matter for an additional thirty (30) days. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE NBE ESQUIRE PAUL M. SCHOFI , JR., ESQUIRE Attorney for Plaintiff(s) = ;- _a f ... .'..a i. ; -= .-, _ ? ? C , -2 i`?? t^• Cam' . , . t ? ?° SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03339 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GENESIS FINANCIAL SOLUTIONS VS BRION RAE E R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BRION RAE E but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On October 3rd , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer • - ??.---?" Docketing 18.00 Out of County 9.00 Surcharge 10.00 -R7 Thomas Kline Postage .63 Sheriff of Cumberland County .00 37.63 ? lo//b/oG 10/03/2006 GORDON & WEINBERG Sworn and subscribe to before me this day of , A. D. YORKTOWNE BUSINESS FORMS, INC. Ph. (717) 845-5955 Fax (717) 848-8936 email: ybf@blazenet.net COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALI. (717) 771-9601 SHERIFF SERVICE MTIMTIOAtS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEAW TYM O'Y LM 1 TWU 12 , EC TA£H AM COMS 1 PLAINTIFF/S/ 3. DEFENDANT/S/ 2 RT NUMBER 06-3339 Civil _ 4. TYPE O•F WRIT OR COMPLAINT cica _ Rae F Brion Rein. Notice & Complaint SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Rae E. Brion 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO. TWP. STATE AND ZIP CODE) AT 303 Limekiln Road, New Cumberland, PA 17070 7. INDICATE SERVICE O PERSONAL L7 PERSON IN CHARGE XJ DEPUTIZE .. CERT U 1ST CLASS MAIL U POSTED J OTHER NOW 9/14/06 20 I, SHERIFF OF 'if COUNTY, PA o hereby dep 1 the sheriff of York COUNTY to execute thi make r tur ording to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE HUAb2rlnn8nty Please mail return of service to Cumberland County Sheriff. Thank you. advance fee 100.00 Dd by att NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheni f levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sate thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED Frederic Weinberg 21 S. 21st ST. P HILA, PA 19103 215-988-9600 9-14-06 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed it notice is to be mailed) CUMBERLAND CO SHERIFF LIR?4 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 ExpiratforuHearing Date or compamt as mdi atW above. R. A H R E N S 9-18-06 110-14-06 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( j SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time of Service 21. ATTEMPTS ?e T, me Miles int.A Date Time MilesT Int. Date Time 1 Miles Int. Date Time I Miles I Int.' Dale I Time I Miles I Int. I Date I Time I Miles Int. 22. REMARKS" ` I ??Ulllf? Lc) 6L4 Q& C-O 23. Advance Costs 24 _,Service Costs 25 N/F 26 Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31 Surchg. 32 TV. Costs 33 Is elund heck N q. Ar) 45 66 1 .63 100.00 c3`7 (l ?7 34. Foreign County Costs 35. Advance Costs 136 Service Costs 1 37 Notary Cert. 38 Mileage/PostagdNol found 39. Total Costs 40 Costs Due or Refund 41. AFFIRMED and subscribed to 42 dayebwE"? NOTARIAL SEAL LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRES AUG. 12, 200 44. Signature of 45. DATE Dep. Sheriff 46. Signature of York 47. DATE County Sheriff 48 Signature of Foreign County Sheriff St.SHERIFF 9/25/06 49 DATE Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Qi, - 3.3:39 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