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Home My WebLink About09-55442062004 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. KARA W HAGGERTY 22 N ACORN DR BOILING SPRGS PA 17007-9416 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09 - 5ggy ONY'l ( 1 erlK COMPLAINT IN ASSULPSIT 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 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 aforesaid 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 $33,003.85 became due and payable. 3. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due as of June 19, 2009 in the amount of $33,003.85. 4. 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. 5. Defendant's last payment on account was made on 3/17/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $33,003.85 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. ERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 2062004 09118778 FIA CARD SERVICES, N.A. f/k/a BANK OF AMERICA KARA W RA(GBRTY 74995999408141 VERIFICATION 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. 94904 which provides for certain penalties for making false statements. 11rA4XB li ?•i.iiSi. }: ?101 2054 2062004 09118778 FIA CARD SERVICES, N.A. f/k/a BANK OF AMERICA KARA W HAGGERTY 74995999408141 AUYIT- being duly served sworn according to law, depose d say that: 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this accounts 2• I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. Thar* is now due and owing from defendant to plaintiff, the amount of $33,003.85 plus interest of $.00 at this rate of 0% leas credits in the amount of $.00 totaling $33,003.85 as of May 30, 2009. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. AFFI Sworn to and Subs ribed to ( affirmed) bef me t s ?? day of 2009 Y Proved to zne on the basis of atisfactory evidence to be the pe o (a) w a ears before me. Signature (seal) P100.1 kp-L" or ?6 I i, c I.E or, "112 2999 AU -7 F1" : 11 L+' x'18.50 PO, Am w.* aaggcag Sheriffs Office of Cumberland County R Thomas Kline Sheriff T _ 'V Ronny R Anderson r CL's F; W Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor FIA Card Services vs. Kara W. Haggerty SHERIFF'S RETURN OF SERVICE Case Number 2009-5544 08/10/2009 04:05 PM - Ronny Anderson, Chief Deputy, who being duly sworn according to law, states that on August 10, 2009 at 1605 hours, he served a true copy of the within Complaint in Assurnpsit Notice, upon the within named defendant, to wit: Kara W. Haggerty, by making known unto herself personally, defendant at 1 Courthouse Square Room 303 Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $28.00 August 11, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF FIA CARD SERVICES, N.A. f/k/a BANK OF AMERICA Plaintiff V. KARA W HAGGERTY Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 09-5544 Civil Term NOTICE TO PLEAD To: Frederic I. Weinberg, Esquire Joel M. Flink, Esquire Attorneys for Plaintiff 1001 E. Hector Street, Ste. 220 Conshohocken, PA 19428 You are hereby notified to plead to the within Answer and New Matter of Defendant within 20 days of the date of service of this pleading. ,r c,CICG LIl Kara W. Haggerty 22 North Acorne Boiling Springs, PA 17 FIA CARD SERVICES, N.A. f/k/a BANK OF AMERICA Plaintiff V. KARA W HAGGERTY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: ANSWER 09-5544 Civil Term AND NOW, comes Defendant, Kara W. Haggerty ("Haggerty"), and files the within Answer and New Matter and, in support thereof set forth the following: 1. Denied. Haggerty specifically denies executing and delivering to Plaintiff a promissory note under the terms and conditions set forth in the promissory note attached to the complaint as `Exhibit A'. Haggerty denies entering into any written contracts with Plaintiff. 2. Denied. It is specifically denied that the defendant failed to make the required payments when due. It is specifically denied that the result of the alleged failure to make required payments the unpaid balance of $33,003.85 became due and payable. 3. Denied. It is specifically denied that a balance due as of June 19, 2009 in the amount of $33,003.85 remains. Defendant is not aware of any credits being applied, therefore, same is denied. Strict proof at trial is requested. 4. Denied. It is specifically denied that Plaintiff has made demand upon the defendant for payment of the balance due. It is specifically denied that defendant has failed or refused to pay the same or any part thereof. 5. Denied. Defendant is without sufficient information or knowledge to answer this averment; therefore, same is specifically denied. NEW MATTER 6. Defendant incorporates his answers as set forth in paragraphs 1 through 5 as though set forth at length. 7. Plaintiff has produced no writing which bears the signature of Kara W. Haggerty. 8. It is the extent that discovery in this case and the facts produced at trial demonstrate the availability of any affirmative defenses preserved by virtue of the provisions of Pennsylvania Rules of Civil Procedure. The Defendant reserves the right to offer such facts in support of any affirmative defenses so preserved. Defendant reserves the right to amend this Answer and New Matter to plead the existence of any additional affirmative defenses that may become available or known to the Defendant in the course of discovery of this case or subsequent to the time of filing this Answer and New Matter. WHEREFORE, Defendant Haggerty respectfully demands judgment in her favor and against Plaintiff, along with costs, fees and other damages the Court deems appropriate. Respectfully submitted, D.aTE O9 Z b `1 Kara W. Haggei Irr 22 North Ac Boiling Springs, VERIFICATION I, KARA W. HAGGERTY, verify that the statements made in this Answer and New Matter are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date Cq JZq ? I)--I, CERTIFICATE OF SERVICE AND NOW, this 24`" day of September, 2009, I, Kara W. Haggerty, hereby certify that I did serve a true and correct copy of the foregoing ANSWER AND NEW MATTER by first class mail addressed to the following: Frederic I. Weinberg, Esquire Joel M. Flink, Esquire Attorneys for Plaintiff 1001 E. Hector Street, Ste. 220 Conshohocken, PA 19428 DATE nal IZO)m THE + ,, , -,AI^Y 2 03SEP 28 A, I1 7:53 ?. Jt, ?r 2062004 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. KARA W HAGGERTY DOCKET NO. : 09-5544 PLAINTIFF'S REPLY TO NEW MATTER 6. Plaintiff incorporates herein by reference all the allegations contained in its complaint as fully as though each were here set forth at length. 7. Denied. It is denied that the documents set forth in defendant's new matter are required exhibits to plaintiff's complaint. Documents may be requested in the discovery process. Moreover, this averment is a conclusion of law which requires no response under the applicable Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial. 8. Denied. This averment is a conclusion of law which requires no response under the applicable Rules of Civil Procedure. However, this averment is denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff demands damages against the defendant(s) as set forth in plaintiff's Complaint. GORDON & WEIN RG, P.C. BY: FREDERIC I. W NBERG, ESQUIRE JOEL M. FL ESQUIRE Attorney for Plaintiff P014 r r. VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action and verifies that the statements made in the foregoing pleadings 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. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. WEINB ESQUIRE CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Reply to New Matter, via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I. EINBERG, ESQUIRE OW6I 1 Dated: FILET::, yL OF TH P?f ,?n4,I1TARY 7009 OC T 12 AM 10- 33 J _ J , 2062004 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 c o C) rj rnC M z= r" rC-) _VM cr? xF? o, r- _4(D 3 Q -,-cy FIA CARD SERVICES, N.A. f/k/a BANK OF AMERICA VS. KARA W HAGGERTY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-5544 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended upon payment of your costs only. GORDON & WEINBERG, P.C. BY: FREDERIC I. INBERG, ESQUIRE JOEL M. F K,. ESQUIRE Attorney for Plaintiff P003