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Home My WebLink About08-5438NC025860 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 484/351-0500 ALBRIGHT COLLEGE 13TH & BERN STREETS READING, PA. 19612 Vs. DERRICK E SEKYI-AID00 354 STONEHEDGE LANE MECHANICSBURG PA 17055 COURT OF COMMON PLEAS A/R CUMBERLAND COUNTY DOCKET NO. : 08 - 5438 Civi t 1erm COMPLAINT IN ASSUMPSIT 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 1. The defendant, for valuable consideration received, executed and delivered to plaintiff a promissory note for the payment of tuition under the terms of which the defendant promised to pay to the plaintiff consecutive monthly payments under the terms and conditions set forth in the promissory note. A true and correct copy of the statement of account for said promissory note, if available, is attached hereto, made a part of this complaint and marked Exhibit "A". 2. Contrary to the terms of the aforesaid promissory note, the defendant failed to make the required payments when due as a result of which the unpaid balance of $13,649.72 became due and payable. 3. As a result of defendant's default, defendant is indebted to plaintiff in the amount of $13,649.72. 4. Plaintiff has made demand upon the defendant for payment of the amount due but the defendant has failed and refused and still refuses to pay the said sum or any part thereof. WHEREFORE, plaintiff claims of the defendant the sum of $13,649.72. GORDON & WEINBERG, P.C. BY: FREDERIC WE BERG, ESQUIRE JOEL M. FL INK-, ESQUIRE Attorney for Plaintiff P01CSM.1 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. WEINAC, RG ESQUIRE EXHIBIT "A" a mom t 1951 • DERRICK Ix SEKYI-AhDOO 0990567041583 NCO25860 ALBRIGHT COLLEGE AFFIDAVIT I,-. t[I1- n being 'duly, served sworn according to law, depose and say that: l.? I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2".?• 1 have personal knowledge of the facts and circumstances in connection with this case; 5 3.1 Plaintiff's files are maiMined in the usual and ordinary course of business; 4. This .action is based on a&.aim for breach. of contract and that damages are sought as a direct ? bult of said.breach; 5. After allowing for all ofats.and credits; a balance remains on the subject account havinFmccount number 0990567041583in the amount of $13,649.72; and 6. If called upon, affiant can testify at-t.triai as to the facts pertaining to this matter. The above facts are true and eafflect to the best of my knowledge, ti - information and belief. - (NAW-0 AFFIANT) Sworn to and.Subscribed before e this 10 day L of _ 200.7 - Notary ublic rtOg w U14% c1O88S1181Q NOTARYRVOUP ?ontggme??Go?int pue?.?c My Camml?S?on?xO?[e. .o .».. J .rune, ?EFnr ?°,?• - , n F? W 2 53 0 SHERIFF'S RETURN - NOT FOUND 9- I CASE NO: 2008-05438 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALBRIGHT COLLEGE VS SEKYI-AIDOO DERRICK E 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 SEKYI-AID00 DERRICK but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - ASSUMPSIT , the within named DEFENDANT 354 STONEHEDGE LANE NOT FOUND , as to SEKYI-AIDOO DERRICK MECHANICSBURG, PA 17055 CURRENT RESIDENT HAS LIVED HERE FOR 1 YEAR; POST OFFICE HAS NO CHANGE OF ADDRESS ON FILE AS IT IS TOO OLD. Sheriff's Costs: Docketing 18.00 Service 11.00 Not Found 5.00 Surcharge 10.00 } 00 /blb?lbp?- v/44.00 So answ15Z* : rnomas xiine er'ff of Cumberland County DON & WEINBERG 9/26/2008 Sworn and Subscribed to before me this day of A. D. NC025860 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 484/351-0500 ALBRIGHT COLLEGE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 08-5438 DERRICK E SEKYI-AID00 906 Cocklin St MECHANICSBURG PA 17055 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Plaintiffs' Complaint in Civil Action in the above-captioned matter for an additional thirty (30) days. GORDON & WEINBERG, P.C. BY: FREDERIC I. BERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff(s) ?„ ? _, ? V ?? ? ? + _, ??' ? W .... -4 ? .- r ...? ..-. ? ,,.?. .A _ -?? SHERIFF'S RETURN - REGULAR CASE NO: 2008-05438 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALBRIGHT COLLEGE VS SEKYI-AIDOO DERRICK E SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - ASSUMPSIT was served upon SEKYI-AIDOO DERRICK the DEFENDANT , at 0008:28 HOURS, on the 6th day of December-, 2008 at 354 STONEHEDGE LANE MECHANICSBURG, PA 17055 by handing to DERRICK SEKYI-AIDOO DEFENDANT a true and attested copy of COMPLAINT - ASSUMPSIT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 11451b 7 0- Sworn and Subscibed to before me this So Answers: 18.00 9.90 .00 _110142'et!L, ' 10.00 Th 6rJT ine .00 37.90 12/08/2008 GORDON & WEINBERG By: day eput S eriff of A. D. ¦¦rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr? ALBRIGHT COLLEGE, Plaintiff v DERRICK E. SEKYI-AIDOO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 08-5438 : CIVIL ACTION-LAW ANSWER AND NOW, comes the Defendant, Derrick E. Sekyi-Aidoo, by and through his attorney, Richard Koch, and avers the following: 1. Denied. The defendant did not execute a promissory note obliging the defendant to pay monthly payments, or any other form of payment, to the plaintiff. Neither the alleged promissory note nor the supposed statement of account for the alleged promissory note is attached to the complaint. Instead, Exhibit "A" is a nineteen-month old affidavit that does not even use the term "promissory note." 2. Denied. The defendant could not comply with the terms of a promissory note that did not exist, and therefore could not owe money under the alleged promissory note. 3. Denied. Defendant had no knowledge of the alleged promissory note and therefore was unable to default on it, with any attendant consequences. 4. Denied. The defendant has never refused to pay any debt to the plaintiff. The plaintiff never made any direct application for payment of the alleged debt that was refused by the defendant. WHEREFORE, Defendant requests this Court deny the claim of the Plaintiff in every respect. lf?-,?e eTk "Date - Law Offices of Richard Koch 710 South Market Street Mechanicsburg, PA 17055 12/22/2008 MON 12:51 FAX 7178102722 tycoelectronics 0001/001 I VERIFICATION I, DERRICK E. SEKYI-AIDOO, hereby verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are subject to the penalties of 19 Pa. C.S §4904, relating to unworn falsification to authorities. DERRICK E. SEKYI-AIDOO J )L Date CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer in 08-5438, upon the defendant, by depositing same in the United States Mail, first class mail, postage prepaid, on the 23rd day of December 2008, from Mechanicsburg, Pennsylvania, addressed as follows: Gordon & Weinberg, P.C. Attn.: Joel Flink, Esq. 1001 E. Hector Street Suite 220 Conshocken, PA 19428 RESPECTFULLY SUBMITTED, tic Od Koc , Esq re 101 South Market Street Mechanicsburg, PA 17055 (717) 691-1882 ID# 92956 . y , ' t c. F`;°t ? t?- Z w . ?``.; ?o.. ":2 ??, , { i 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 484/351-0500 ALBRIGHT COLLEGE VS. DERRICK E SEKYI-AID00 ?- t SEf 1'L 38 ?;t?t?8 tdl?S ?? ?OU? ?'??, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-5438 STATE ONT OF INTENTION TO PROCEED TO THE COURT: Plaintiff intends to proceed with the above-captioned matter. GORDON & WEINBERG, 'P.C. BY: FREDERI WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE qq((( Attorney for Plaintiff Dated: CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of foregoing pursuant to Pa.R.C.P. 10280)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I."?INBERG, ESQUIRE Dated: '7?1((1 P018 David -D. Buell Prothonotary Office o the Prothonotary Cum d errand- County, (ennsyfvania Sohonage, ESQ Socitor -4.51/38 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, 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, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 ® CarCisCe, (PA 0 (Phone 717 240-6195 0 Ta 717 240-6573