The URL can be used to link to this page

Home My WebLink About09-52522059947 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 FIA CARD SERVICES, N.A. f/k/a BANK OF AMERICA 1825 E. BUCKEYE RD. PHOENIX, AZ. 85034 VS. MICHAEL W WEBSTER JR 58 SHARON RD ENOLA PA 17025-1826 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. Qq-5d5a C1VIl°Lt'M 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 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, if available, 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 as of 4/17/09 in the amount of $21,746.82. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 6. Defendant's last payment on account was made on 6/3/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $21,746.82 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 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. t:?) FREDERIC I. WEINBERG, ESQUIRE EXHIBIT "A" ows,99gq STATE OF Georgia ) COUNTY OF Cobb ) F1A CARD SERVICES, N.A. V. MICHAEL W WEBSTER JR AFFIDAVIT OF ACCOUNT COMES NOW, Christie McElreath, and after being duly sworn before the below person authorized to administer oaths states the following: 1. I am over 18 years old and sui 'uris. 2. 1 am agent for FIA CARD SERVICES, N.A.. 3. 1 am familiar with the books and records of the Plaintiff. 4. These books and records are kept in the ordinary course of business. 5. The agreement attached hereto is true and correct. 6. The Defendant (s) owe (s) the principal sum of $21,746.82, 7. I know no liability insurance, bond or other security which may be available to pay this debt. 8. The Defendant (s) account number for which he owes the debt is 4888937994293050. 9. The Defendant (s) is/are not a minor nor an incompetent person. 10. Affiant has no knowledge of whether the Defendant (s) is/are on active duty in the military. IL The Defendant (s) is/are past due on this account and in breach of the contractual agreement to pay as agreed. c Agent Christie Elreath FIA CARD SERV S, N. A. Sworn to and subscribed before me this ofQ 2009. Q?x.Q My Commission Expires: NOTARY PUBLIC GO RDO &WEINBERG, P.C. ?"", ? EXPIRES 'I i GGURGfn - - FEB. 25, 2011 - ``'. NUB tJ?C' `, MICHAEL W W&8MR JR SS SHARON RD ENOLA PA 17025-1026 ACCOUNT NUMBER 4888937994293050 FIA CARD SERVICES, N.A. BALANCE AS OF PAYMENT MINIMUM DUE DATE PAYMENT April 6, 2009 PAST DUE $21,746.82 PAYMENT ENCLOSED Make Checks Papbile 1o Bank of America, N.A. [USA) 10188401 FROM BRNE OF UMICA, N.A. 01A) YOUR ACCOUNT WITH FIA CARD SERVICES, N.A.IS PAST DUE $21,746.82. THE PAST DUE AMOUNT IS INCLUDED IN THE MINIMUM PAYMENT. THE PAST DUE AMOUNT INCLUDES THE ORIGINAL PRINCIPAL BALANCE OF $21,746.82. PLEASE REMIT IMMEDIATELY. IF YOU HAVE ALREADY SENT A PAYMENT FOR THE ABOVE AMOUNT, THANK YOU. FILE., CIF TPE :* gg.5o PD A QTR oZo18lo 15 Sheriffs Office of Cumberland County R Thomas Kline Sheri ??? l QN? attc?t?b?r F Tj Ronny R Anderson ' Chief Deputy d LCii G _'3 °?' •r 3° G Jody S Smith Civil Process Sergeant OFFICE ? '-E S4ERIFF p Edward L Schorpp Solicitor FIA Card Services vs. Case Number Michael W. Webster 2009-5252 SHERIFF'S RETURN OF SERVICE 08/04/2009 04:18 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 4, 2009 at 1618 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael W. Webster, by making known unto himself personally, defendant at 58 Sharon Road Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $40.60 SO ANSWE ago, August 05, 2009 R THOMAS KLINE, SHERIFF 01 V Deputy Sheriff IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND FOR CUMBERLAND COUNTY FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA Case Number: 09-5252 MICHAEL W. WEBSTER JR. ANSWER OF DEFENDANT Pro Se Defendant Michael W. Webster, Jr., hereby enters his appearance and answers the Complaint of FIA Card Services, N.A. as follows: 1. The Defendant admits in part and denies in part the allegations of paragraph 1 of the Complaint. The Defendant admits to receiving and using Plaintiff's credit card. The Defendant has no recollection or receiving and having the opportunity to review and sign an Agreement to this account. Therefore the Defendant demands evidence of a signed Agreement and denies being bound by the terms of any particular document until Plaintiff produces said Agreement. 2. The Defendant admits in part and denies in part the allegations of paragraph 2 of the Complaint. The Defendant admits to receiving and using Plaintiff's credit card. The Defendant has no recollection or receiving and having the opportunity to review and sign an Agreement to this account. Therefore the Defendant demands evidence of a signed Agreement and denies being bound by the terms of any particular document until Plaintiff produces said Agreement. 3. The Defendant admits in part and denies in part the allegations of paragraph 3 of the Complaint. The Defendant admits to receiving and using Plaintiff's credit card. Defendant disputes the balance due and demands a complete accounting reflecting all charges and credits to the account. Plaintiff has failed to produce an accounting. 4. The Defendant denies the allegations of Paragraph 4 of the Complaint. Defendant disputes the balance due and demands a complete accounting reflecting all charges and credits to the account. Plaintiff has failed to produce an accounting. 5. The Defendant denies the allegations of Paragraph 5 of the Complaint. The Defendant made payments to this account for many months before becoming financially unable to continue. The Defendant is working with a credit counselor in an attempt to resolve this account. 6. The Defendant admits the allegations of Paragraph 6 of the Complaint. WHEREFORE: The Defendant respectfully requests that Plaintiff's Complaint be dismissed and the relief requested in Plaintiff's Complaint denied. VERIFICATION The Defendant verifies that the statements made herein are true and correct based upon his knowledge, information and belief. The statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Michael 10 Webster, Jr. 58 Sharon Rd. Enola, PA 17025-1826 717-728-0259 CERTIFICATE OF SERVICE The Defendant(s) HEREBY CERTIFY that on this 21 day of ?U 20 0 la copy of the foregoing pleading was mailed, first-class, postage pre-paid to: Frederic I. Weinberg, Esq. Gordon & Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 215-988-9600 Attorney for Plaintiff This document was prepared by or with the assistance of an attorney employed by Persels & Associates, LLC, 866-939-7252 and Consumer Law Associates, LLC, 888-510-1892. FILE )-d;;?F!ua OF THE PP ?jr NITMy 239 AUG 21 AM I I: I i CUmb aU t .4Jv vT1` P E' ` Nti'r 1 V r' u? i a ~~..r~l._r - -+r „r ~r GG` efe~Y t: r GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK Identification No.: 41200 1001 E. HECTOR STREET SUITE 220 CONSHOHOCKEN, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA vs. MICHAEL W WEBSTER, JR 2057965 2010 ~~~ 12 ~g'~ ~° ~ ti ~.~: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-5252 STIPULATION OF SETTLEMENT It is HEREBY STIPULATED AND AGREED that the above-entitled action is settled by agreement of the parties under the following terms and conditions: 1. Defendant and Plaintiff desire to settle the above captioned matter and stipulate that Defendant will pay to the order of Gordon and Weinberg, P.C., attorneys for the Plaintiff, at their offices at 1001 E. Hector Street, Suite 220, Conshohocken, PA 19428, for the sum of Twelve Thousand and no/100 ($12,000.00) Dollars in installments as follows: a. Twenty Four (24) equal and consecutive payments of Five Hundred and 00/100 ($500.00) Dollars to be received on or before the 5~' of each month beginning July 5, 2010. 2. Defendant appears generally herein and submits to the jurisdiction of the Court. 3. In the event of a default of any of the above listed conditions and payments, Plaintiff may, upon 10 days notice enter judgment for the relief demanded in the Complaint filed less any payments made plus judicial interest of 6% running from the date of filing. 4. Upon full and final compliance with this stipulation, this action shall be deemed fully settled, discontinued and/or satisfied and an Order to Satisfy, Discontinue, and End will be sent to the Defendant. 5. In accordance with the terms of this agreement there appears to be a related consent order for judgment held in escrow which will automatically extinguish upon compliance with the above mentioned terms. Gordon and Weinberg, P.C. J• Joel M. squire, Date: ~- b _`1~ Date: ~Q ~ ~~~ O