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Home My WebLink About09-1732NC033329 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. N? 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 SALLIE MAE, INC. AS COURT OF COMMON PLEAS ADMINISTRATOR AND AGENT FOR CUMBERLAND COUNTY SLM EDUCATION LOAN CORPORATION 12061 BLUMONT WAY RESTON, VA 20190 Vs. DOCKET NO. : OQ -/13-2,- CHARLES E WILLIAMS 117 S MARKET ST MECHANICSBURG PA 17055 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 $4,857.19 became due and payable. 3. As a result of defendant's default, defendant is indebted to plaintiff in the amount of $4,857.19. 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 $4,857.19. GORDON & WEINBERG, P.C. BY: FREDERIC I WEI RG, ESQUIRE JOEL M. FL , ESQUIRE Attorney for Plaintiff P01CSM.1 NC033329 1616922760101 SAM IE NAB, INC. AS ADMINISTRATOR AND AGM FOR SIM EDUCATION LOAN CORPORATION W) 4 1. J I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon, counsel in making this verification. This verification is made subject-to ` 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. 1 14ame EXHIBIT °A° ti STATE OF INDIANA COUNTY OF HAMILTON SALLIE MAE, INC. AS ADMINISTRATOR AND AGENT FOR SLM EDUCATION LOAN CORPORATION Plaintiff, VS. CHARLES E WILLIAMS Defendant. NCO33329 1616822760101 Docket# 3,d1'IDAVIT 14 ft /SJ__7/ MUM- , being of full age, hereby certify as follows: 1. I am more than 18 years of age and am competent to make this affidavit. 2. I am employed by agent, SALLIE MAE, INC. AS ADMINISTRATOR AND AGENT FOR SLM EDUCATION LOAN CORPORATION as a custodian of records and am competent to testify to the matters stated herein which is made on my personal knowledge, based upon the books and record of the Plaintiff, and are true. 3. In the ordinary course of business and as a regular business practice, SALLIE MAE, INC. AS ADMINISTRATOR AND AGENT FOR SLM EDUCATION LOAN CORPORATION employees or representatives with knowledge of the accounts compile business records memorializing account activity and transactions at or near the time they occur. 4. Entries in the files and business records of Plaintiff are made contemporaneously with transactions in order to preserve the accuracy of the transaction. 5. Plaintiff's files and business records are maintained by for SALLIE MAE, INC. AS ADMINISTRATOR AND AGENT FOR SLM EDUCATION LOAN CORPORATION . 6. I have custody and control of the files and business records relating to this account. 7. There is now due and owing from defendant to plaintiff, the amount of $2,881.03 plus interest of $1,976.16 at the rate of 0% less credits in the amount of $.00 totaling $4,857.19 as of September 29, 2008. 8. The documents attached to this affidavit, if any, are true and accurate copies of business records regarding the Defendant's account. 9. Upon information and belief, the Defendant is not now, nor has been within 30 days hereof, in the military service of the United States as defined in the Servicemah6jers Civil Relief Act as amended nor an infant, incompetent, under mental defect or infirm. 10. Defendant is entitled to no known valid defenses, setoffs or counterclaims, and further states that written demand was made upon the Defendant. I affirm under the penalty of perjury that the aboxe facts ace true and correct. Agency for L I MAE, INC. AS ADMINISTRATOR AND AGENT FOR SLM E CATI LOAN CORPORATION Flame Sworn to and Subscribed to before me this Printed A day o PDC46 20? otary Public Kimberly L. Peace My Commission Expires: June 18, 2010 Within and for the County of Hancock and State of Indiana Notary Number 517361 P101 (d) d CZ L c? w ?v 3 ri :v -n r1l -rim, ti-f 0" Sheriffs Office of Cumberland County R Thomas Kline 4c,01p of cumbrwt? Edward L Schorpp Sheriff # Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFCE OF TmE $HER FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/25/2009 08:40 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 25, 2009 at 2040 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Charles E. Williams by making known unto Charles E. Williams, personally, at 117 S. Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055, its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, March 27, 2009 R THOMAS KLINE, S RIF uty Sheriff Docket NO. 2009-1732 Sallie Mae v Charles E. Williams Ann ? ? 24 s? a GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 NC033329 SALLIE MAE, INC. AS ADMINISTRATOR AND AGENT FOR SLM EDUCATION LOAN CORPORATION VS. DOCKET NO. : 09-1732 CHARLES E WILLIAMS PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant (s) above named-,on-1-y--and assess damages certified to be calculable as asum certain from the complaint, as follows: Principal Total: $2,881.03 $2,881.03 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: SALLIE MAE, INC. ASADMINISTRATOR AND AGENT FOR'SLM±EDUCATION LOAN CORPORATION and that the last known address,'of,'•,.d.ef*ndant, CHARLES E WILLIAMS, 117 S MARKET ST, MECHANICSBURG PA 170554;-);,-'s-'--.: 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filinq__,.of this praecipe. COURT OF COMMON PLEAS CUMBERLAND COUNTY 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. AND NOW, this 1114 day of , 2009 Judgment is entered in favor of the plaintiff(s) an against defendant(s) by default for want of an answer an' damages assessed at the sum of , $2,881.03 as per the abov 7 certificat' n. P othonota GORDON & WEINBERG, P.C. BY; FREDERIC I WEI BERG, ESQUIRE JOEL M. FL N ESQUIRE Attorney for Plaintiff r r NC033329 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 SALLIE MAE, INC. AS ADMINISTRATOR AND AGENT FOR SLM EDUCATION LOAN CORPORATION VS. CHARLES E WILLIAMS TO/PARA DOCKET NO. : 09-1732 NOTICE OF INTENTION TO TAKE DEFAULT CHARLES E WILLIAMS 117 S MARKET ST MECHANICSBURG PA 17055 DATE OF NOTICE/FECHA DEL AVISO: April 15, 2009 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 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 GORDON & WEINBERG, P.C. BY: FREDERT I,: W INBERG, ESQUIRE JOEL M V INK, ESQUIRE P10D-2 .. 4 ..COURT. OF COMMON PLEAS CUMBERLAND COUNTY F???-D pap plA „M?,T Av 3.01 aocFl MAY I` O,k.L^b'N pp ATT4 *Jiv.0° U.?, gaW . 41-74 orf0tcc of a0 • NC033329 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 SALLIE MAE, INC. AS COURT OF COMMON PLEAS ADMINISTRATOR AND AGENT FOR CUMBERLAND COUNTY SLM EDUCATION LOAN CORPORATION VS. DOCKET NO. : 09-1732 CHARLES E WILLIAMS 117 S MARKET ST MECHANICSBURG PA 17055 NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. /X/ Judgment by Default $2,881.03 Money Judgment $ Judgment on,'-'Award of Arbitrators$ Judgment on verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 P THONOTARY tat":.' is •:'?,wi.r.'-s^=:`