HomeMy WebLinkAbout09-5779w
Burton Neil & Associates, P.C.
By: Derek C. Blasker, Esquire ID. NO. 202150
1060 Andrew Drive, Suite 170
West Chester, PA 19380
(610) 696-2120
Attorney for Plaintiff
FIA CARD SERVICES, N.A. f/k/a
BANK OF AMERICA, N.A. (USA)
4161 Piedmont Parkway
Greensboro, NC 27410
Plaintiff
V.
JO A GRESHAM
1487 Timber Brook Drive
Mechanicsburg PA 17050-9164
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Oq- SVI
Ciyicl?*
: CIVIL ACTION -LAW
Complaint - 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 (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 claim set forth against you. You are warned that if you fail to do so,
the case may proceed without you and a judgment 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.
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.
LAWYER REFERENCE AND INFORMATION SERVICE
Cumberland County Bar Assoc.
32 South Bedford Street
Carlisle, PA 17013
Telephone No. 717-249-3166 or 800-990-9108
112537
Burton Neil & Associates, P.C.
By: Derek C. Blasker, Esquire ID. NO. 202150
1060 Andrew Drive, Suite 170
West Chester, PA 19380
(610) 696-2120
Attorney for Plaintiff
FIA CARD SERVICES, N.A. f/k/a IN THE COURT OF COMMON PLEAS
BANK OF AMERICA, N.A. (USA)
4161 Piedmont Parkway
Greensboro, NC 27410
V.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
n-! ?c
NO. 0 9- S '17q
JO A GRESHAM
1487 Timber Brook Drive
Mechanicsburg PA 17050-9164
Defendant CIVIL ACTION - LAW
Complaint
1. The plaintiff is FIA CARD SERVICES, N.A. f/k/a BANK OF AMERICA, N.A.
(USA), a national banking association with place of business located at 4161 Piedmont Parkway,
Greensboro, NC.
2. The defendant is Jo A Gresham, who resides at 1487 Timber Brook Drive,
Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff furnished consumer credit to defendant by means of a credit card with
account number ending in 1784, which was subsequently changed to account number ending in
2266.
4 Defendant accepted the credit card account by making purchases, balance transfers
and/or cash advances.
5. Monthly statements were sent to defendant each month which detailed the charges
and credits made to the credit card account for the prior month.
6. The balance due on the credit card account is $10,952.52.
F
7. Defendant did not pay the balance due on the credit card account in full upon receipt
of the monthly billing statements and also did not make the required minimum monthly payment
set forth in the monthly billing statement. As such, defendant is in default on the credit card
account.
8. Although demand has been made by plaintiff upon defendant to pay the sum of
$10,952.52, defendant failed and refused to pay all or any part thereof.
Wherefore, plaintiff demands judgment against defendant in the sum of $10,952.52 and
the costs of this action.
Associates, P.C.
By:
Blasker, Esquire
for Plaintiff
The law firm of Burton Neil & Associates, P.C. is a debt collector.
Verification
(A) 5 is
FIA CARD SERVICES, N.A. f/k/a BANK OF AMERICA, N.A. (USA), the within plaintiff in this
action. He/she verifies that the statements, of fact made in the foregoing pleading are true and correct to
the best of his/her knowledge and belief. The undersigned understands that the statements made herein
are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to the
authorities.
Date: :?= 75Zb? 1 -
112537
Jo A Gresham
PuB\ D r
for
Name
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2009 AUG 21 PM 12: 5 3
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PENNSYLVANIA
41S.50 Pa A7M
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Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
LOW'" e{ ?:ItlMpr??
OMCE OF 'HE $NERIFF
F11 ED
OF THE cF^
2009 SEP -2 PM 12: 3
FIA Card Services
vs.
Jo A. Gresham
Case Number
2009-5779
SHERIFF'S RETURN OF SERVICE
08/28/2009 09:52 AM - Jacob Baker, Deputy Sheriff, who being duly swom according to law, states that on August 28,
2009 at 0952 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Jo A. Gresham, by making known unto herself personally, at The Cumberland County
Sheriffs Office 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: $37.44
August 28, 2009
SO A E
R THOMAS KLINIE, SHERIFF
BY #
DePLP Sheriff
Jo A Gresham
1487 Timber Brook Drive
Mechanicsburg, PA 17050-9164
Defendant in Pro Per
Court of Common Pleas
State of Pennsylvania, Cumberland County
FIA CARD SERVICES, N.A. f/k/a
BANK OF AMERICA, N.A. (USA)
Plaintiff,
V.
JO A GRESHAM
Defendant
Cause/Case No. 09-5779
Jo A. Gresham ("Defendant"), hereby answers the complaint of FIA Card Services, N.A.
f/k/a - Bank of America, N.A. (USA) ("Plaintiff') for it's self alone as follows and moves
this court to bar, stay, or dismiss Plaintiff s claim based on the following:
1. Plaintiff filed a complaint against the defendant for a credit card balance due.
2. Defendant moves this court to compel binding arbitration based on the credit
card Credit Card Agreement provided by the Plaintiff
2a. The parties are bound by the Credit Card Agreement to settle disputes
by binding arbitration, not by litigation, upon the election of either
party. This motion constitutes notice of election by the undersigned to
have this dispute resolved by binding arbitration, as provided for in the
Credit Card Agreement.
3. Plaintiff has never sought to take the defendant to arbitration
4. The Federal Arbitration Act ("FAA"), 9 USC, Section 1-2, provides.
4a. "A written provision in any maritime transaction or a contract
evidencing a transaction involving commerce to settle by arbitration a
controversy thereafter arising out of such a contract or transaction, or
refusal to perform the whole or any part thereof, or an agreement in
writing to submit to arbitration an existing controversy arising out of
such a contract, transaction, or refusal, shall be valid, irrevocable and
enforceable, save upon such grounds as exist at law or in equity for the
revocation of any contract."
5. Defendant requests that pending the court's ruling on this Motion this action
be stayed.
6. "FAA", 9 USC, Section 1-3 provides:
6a. "If any suit or proceeding be brought in any of the courts of the
United States upon any issue referable to arbitration under an
agreement in writing for such arbitration, the court in which such suit
is pending, upon being satisfied that the issue involved in such suit or
proceeding is referable to arbitration under such an agreement, shall on
application of one of the parties stay the trial of the action until such
arbitration has been had in accordance with the terms of the
agreement, providing the applicant for the stay is not in default in
proceeding with such arbitration."
WHEREFORE, Defendant requests that:
1. This honorable court stay the Plaintiff's complaint and any and all action
related to this case.
2. This honorable court compels the Plaintiff to seek binding arbitration per the
terms and conditions of the Credit Card Agreement.
Dated: September 4, 2009
Printed Name
Defendant in Pro Per
j 6 /hn n 6- 67--e?-ha4-kq
ALED-6y?FiCE
OF THE PROTHONOTARY
2909 SEP - 4 PM 12: 3 5
PD4WILMAW
Jo A Gresham
1487 Timber Brook Drive
Mechanicsburg, PA 17050-9164
Defendant in Pro Per
Court of Common Pleas
State of Pennsylvania, Cumberland County
FIA CARD SERVICES, N.A. f/k/a Cause/Case No. 09-5779
BANK OF AMERICA, N.A. (USA)
Plaintiff,
V.
JO A GRESHAM
Defendant
Jo A. Gresham ("Defendant"), hereby answers the complaint of FIA Card Services, N.A.
f/k/a - Bank of America, N.A. (USA) ("Plaintiff') for it's self alone as follows and
generally denies the allegations due to the complaint based on lack of information and
belief.
First Affirmative Defense
("Agreement to Arbitrate)
The credit card statement agreement states that disputes may be resolved by
binding arbitration. Defendant elects to have all disputes related to the credit card
agreement resolved by binding arbitration."
Second Affirmative Defense
"(Amount in Dispute)
The amount balance claimed by Plaintiff is not accurate and the total amount that
is owed is in dispute."
Third Affirmative Defense
"(Financial Hardship)
Due to a serious financial crisis, defendant does not have sufficient funds to pay
the full amount of undisputed debt, if any."
Defendant was the defendant in a divorce that was final July 2, 2007, Venango County,
Pennsylvania. Defendant was required to vacate the marital residence May 1, 2007 and
at that time, was earning wages that did not exceed 20% of the wages earned by the
plaintiff in the divorce. Defendant became homeless and incurred significant expense to
remove belongings form the marital residence. Without any type of support from the
plaintiff in the divorce, defendant tried but became unable to make timely credit card
payments. Defendant immediately sought more gainful employment but was required to
move to accept a better paying position. Moving expenses and the increased cost of
living in the region required by the new job placed an even greater financial burden on
the defendant. Defendant has been paying all living expenses for herself, with no support
of any kind from the plaintiff in the divorce since separation--March 2007. Defendant
also provides significant support to her minor child.
WHEREFORE, Defendant requests that:
1. Defendant takes nothing by way of this complaint; and
2. For Defendant's costs of suit.
Dated: September 4, 2009
a ey-e S t i &*vl
Printed Name
Defendant in Pro Per
RLED--! R CE
OF THE PPOI! f "NOTARY
2089 SEP -4 PM 12= 35
COUNly
PENNSYLVANIA
FIA CARD SERVICES, N.A. f/k/a
BANK OF AMERICA, N.A. (USA),
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JO A. GRESHAM,
DEFENDANT
09-5779 CIVIL TERM
ORDER OF COURT
AND NOW, this 7-1---day of September, 2009, a Rule is entered
against plaintiff to show cause why the prosecution of the complaint it filed should not
be stayed and the matter referred to binding arbitration. Rule returnable twenty (20)
days from the date of services on plaintiff's attorney.
By the C,o6rt,
Burton Neil & Associates, P.C.
1060 Andrew Drive, Suite 170
West Chester, PA 19380
V1 Jo A. Gresham, Pro se
1487 Trimble Brook Drive
Mechanicsburg, PA 17050
:sal
Co t E.s m?l t LLL
Edgar B. BaWy, J.
-FiLED--OF
OF THE PROTHONOTARY
2009 SEP -8 PM 4: 13
DUN t
t.1i ?iJ ??,J
pE N, uYLVAN!A
BURTON NEIL & ASSOCIATES, P.C.
By: Edward J. O'Brien, ID 32985
1060 Andrew Drive, Suite 170
West Chester PA 19380
(610)696-2120
Attorney for Plaintiff
FIA CARD SERVICES, N.A. f/k/a BANK
OF AMERICA, N.A. (USA)
Plaintiff
V.
JO A. GRESHAM
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: 09 - 5779
CIVIL ACTION - LAW
PLAINTIFF'S RESPONSE TO MOTION TO COMPEL ARBITRATION
Plaintiff, FIA CARD SERVICES, N.A. f/k/a BANK of AMERICA, N.A. (USA), by its
counsel Burton Neil & Associates, P.C. hereby answers Defendant's Motion to Compel or so
much thereof as is relevant as follows:
1. Admitted.
2. Denied as stated. These allegations are moot because defendant has entered into a
payment arrangement with plaintiff s counsel by which she would pay the total sum of $8,032.00
to settle this matter in full. She made the first payment of $4,300.00 by telephone as more fully
appears from a true and correct copy of the initial $4,300.00 telephonic check received by
plaintiff's counsel on September 22, 2009, which is attached hereto, marked exhibit l and
incorporated herein by reference. Defendant agreed to pay the rest of the settlement sum to
plaintiff's counsel in monthly installments of $296.00. A settlement agreement to that effect has
been prepared and was mailed to defendant on September 22, 2009. A true and correct copy of
the settlement agreement that is in circulation is attached hereto, marked exhibit 2 and
incorporated herein by reference.
2a. The credit card agreement, not attached to defendant's motion, is a document speaks
for itself. By way of further response, the averments of this paragraph are moot by reason of
defendant's having settled this case without resort to common law arbitration.
3. Denied as stated. Plaintiff was never under any obligation to "take defendant to
arbitration," as plaintiff believes and therefore avers the arbitration clause in the parties' credit
card agreement did not make arbitration mandatory.
4 and 4a. The credit card agreement, not attached to defendant's motion, is a document
speaks for itself. By way of further response, the averments of this paragraph are moot by reason
of defendant's having settled this case without resort to common law arbitration.
5. Denied. Ninety day reporting as Defendant has requested is not necessary, aside from
being moot. To the contrary it is burdensome and contraindicated, as it is clearly in plaintiff's
interest to pursue this case, in whatever forum, to recover its unpaid and past due debt. By way of
further response, the averments of this paragraph are moot by reason of defendant's having
settled this case without resort to common law arbitration.
6. Denied. The language of the cited statutory provision speaks for itself. Any
characterization or application of its language by defendant is denied. By way of further
response, the averments of this paragraph are moot by reason of defendant's having settled this
case without resort to common law arbitration.
WHEREFORE, plaintiff agrees that should defendant complete and return the form to
initiate arbitration that the case proceed to arbitration.
B
B37--L ZZ
Edward J. O'Brien
Attorney for Plaintiff
NOTICE: Burton Neil & Associates, P.C. is a debt collector.
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EXHIBIT I
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Burton Neil & Associates, P.C.
By: Robert J. Kane, Esquire ID. NO. 209794
1060 Andrew Drive, Suite 170
West Chester, PA 19380
(610) 696-2120
Attorney for Plaintiff
FIA CARD SERVICES, N.A. f/k/a
BANK OF AMERICA, N.A. (USA)
Plaintiff
V.
JO A GRESHAM
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-05779 CIVIL TERM
CIVIL ACTION - LAW
Settlement Agreement with Stipulation for Entry of Judgment
This Settlement Agreement is made by and between plaintiff FIA Card Services, N.A.
f/k/a Bank of American, N.A. (USA) (hereinafter referred to as "FIA Card ") and defendant Jo A
Gresham (hereinafter referred to as "Gresham"):
Whereas, FIA Card filed legal action against Gresham seeking recovery for the balance
owed on credit card account no. xxxx-xxxx-xxxx-2266 in the sum of $10,952.52 plus court costs
in the sum of $115.94 (hereinafter "the Litigation"); and
Whereas, Gresham acknowledges liability to FIA Card but is not able to pay the amount
due in the Litigation lump sum; and
Whereas, FIA Card and Gresham by this Settlement Agreement intend to resolve the
Litigation in the manner set forth hereinafter.
Now, therefore, in consideration of the mutual covenants and conditions herein contained,
and in lieu of further litigation, the parties expressly intending to be legally bound hereby, agree
as follows:
1. Gresham agrees that judgment may be entered on behalf of FIA Card and against
EXWIBIT_,a -
Gresham as reflected in the attached Praecipe for Entry of Judgment Upon Stipulation of the
Parties.
2. Gresham acknowledges that the judgment will accrue interest at 6% from the date it is
entered on the records of the court.
3. FIA Card agrees to accept the sum of $8,302.00 in full and complete satisfaction of the
judgment in installment payments (hereafter "the Settlement") as follows:
a. An initial payment of $4,300.00 to be paid on or before September 30, 2009.
b. A payment of $646.00 to be paid on or before October 30, 2009.
c. A payment of $396.00 to be paid on or before November 30, 2009.
d. 10 additional payments of $296.00 to be paid on or before the 30`h day of each
month thereafter. A full breakdown of the payment schedule is attached hereto as
Exhibit A.
4. The payments will be due on the 30th day of each month beginning September 30,
2009 by check payable to FIA Card Services, N.A. The checks are to be mailed to Burton Neil &
Associates, P.C. at 1060 Andrew Drive, Suite 170, West Chester, PA 19380.
5. FIA Card agrees to take no action on the judgment provided payments are made by
Gresham in accordance with this agreement.
6. When the Settlement is paid, FIA Card will file with the court a praecipe to mark the
judgment satisfied.
7. Should default occur, the full judgment amount will be due and owing less credit for all
payments made by Gresham pursuant to this agreement. "Default" as defined herein shall mean
any of the following: Gresham's failure to make a required payment due hereunder by the due
date or a check being returned NSF.
In witness hereof, the parties hereby execute this Settlement Agreement intending to be
bound legally thereby.
Burton Neil & Associates, P.C.
By:
Robert J. Kane, Esquire Jo A Gresham
Attorney for FIA Card Services, N.A. f/k/a Date:
Bank of America, N.A. (USA)
Date:
In making this communication, we advise our firm is a debt collector.
Burton Neil & Associates, P.C.
By: Robert J. Kane, Esquire ID. NO. 209794
1060 Andrew Drive, Suite 170
West Chester, PA 19380
(610) 696-2120
Attorney for Plaintiff
FIA CARD SERVICES, N.A. f/k/a
BANK OF AMERICA, N.A. (USA)
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-05779 CIVIL TERM
JO A GRESHAM
Defendant
CIVIL ACTION - LAW
Praecipe for Entry of Judgment Upon Stipulation of the Parties
To the Prothonotary:
Enter judgment on behalf of plaintiff FIA Card Services, N.A. f/k/a Bank of America,
N.A. (USA) and against defendant Jo A Gresham in the sum of $10,952.52 plus costs of $115.94
pursuant to the stipulation of the parties attached hereto.
Burton Neil & Associates, P.C.
Robert J. Kane, Esquire
Attorney for Plaintiff
FIA Card Services, N.A. f/k/a
Bank of America, N.A. (USA)
Defendant
Jo A Gresham
In making this communication, we advise this firm is a debt collector.
Verification
Edward J. O'Brien, Esquire, attorney for plaintiff, FIA CARD SERVICES, N.A. f/k/a BANK
OF AMERICA, N.A. (USA), makes this statement on its behalf as to the truthfulness of the facts
set forth in the foregoing Response to Motion to Compel subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities. Counsel, rather than an officer or
other representative of plaintiff is verifying the foregoing Response to Motion to Compel because
plaintiff's officers and/or representatives are outside the jurisdiction of the court and the
verification of none of them could be obtained within the time required to file this pleading.
Plaintiff's counsel is verifying plaintiff's Response to Motion to Compel based upon information
and belief from information in his file.
Date: q
I
Burton Neil & Associates, P.C.
By: Edward J. O'Brien, Esquire ID. NO. 32985
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
Attorney for Plaintiff
FIA CARD SERVICES, N.A. f/k/a
BANK OF AMERICA, N.A. (USA)
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-05779 CIVIL TERM
JO A GRESHAM
Defendant
: CIVIL ACTION -LAW
Certificate of Service
I, Edward J. O'Brien, Esquire do hereby certify that I served a true and correct copy of the
within Response to Motion to Compel Arbitration and proposed Order on pro se defendant, Jo A
Gresham at her address of record via first class mail, postage prepaid on the date set forth below.
eil
F
Date:
By:
P.C.
Edward "'B> Esquire
Attorney for Plaintiff
The law firm of Burton Neil & Associates is a debt collector.
112537
IL ..
OF THE ; ?,i?v
200 SIL'i 29
SEP 3 0 2009 4
FIA CARD SERVICES, N.A. f/k/a BANK
OF AMERICA, N.A. (USA)
Plaintiff
V.
JO A. GRESHAM
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
09 - 5779
: CIVIL ACTION - LAW
ORDER
AND NOW, this day of O --? , 2009, upon defendant's
motion to compel arbitration and plaintiff's response thereto, it is hereby ORDERED that the
said motion is dismissed as MOOT because the case has been settled. Upon successful
completion of the agreed payment arrangement, plaintiff shall cause the docket in the matter to
be marked settled or satisfied as the case may be.
BY THE COURT:
FILED- r'CE
OF THE P THPNOTARY
2009 OCT -5 AM 9: 50
CUMEL w u r ' 01?'NiY
PENNSYLV; NA.
clor E.S ,,-n;. t La
94? 'e. 0'132! t4i
J. ?.
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check
applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
N a copy of the Notice of Appeal, Common Pleas No. 09-05779 CIVIL TERM, upon the Magisterial
District Judge designated therein
on
(date of service) October 5, 2009, ? by personal service ® by (certified)
(registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) Jo A Gresham, on
October 5, 2009 ? by personal service ® by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN ),4AFFIRMED A D SUBSCRIBED BEFORE ME
THIS DAYOF?, 20
b
Signature of official before whom affidavit was made Signature of
affiant
Robert J. Kane, Esquire
makes
this statement on its behalf as to the truthfulness of the facts set forth in the foregoing subject to the penalties
of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities
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Burton Neil & Associates, P.C.
By: Robert J. Kane, Esquire ID. NO. 209794
1060 Andrew Drive, Suite 170
West Chester, PA 19380
(610) 696-2120
Attorney for Plaintiff
FIA CARD SERVICES, N.A. f/k/a
BANK OF AMERICA, N.A. (USA)
Plaintiff
V.
JO A GRESHAM
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-05779 CIVIL TERM
CIVIL ACTION - LAW
Settlement Agreement with Stipulation for Entry of Judgment
This Settlement Agreement is made by and between plaintiff FIA Card Services,
N.A. f/k/a Bank of American, N.A. (USA) (hereinafter referred to as "FIA Card ") and defendant
Jo A Gresham (hereinafter referred to as "Gresham"):
Whereas, FIA Card filed legal action against Gresham seeking recovery for the balance
owed on credit card account no. xxxx-xxxx-xxxx-2266 in the sum of $10,952.52 plus court costs
in the sum of $115.94 (hereinafter "the Litigation"); and
Whereas, Gresham acknowledges liability to FIA Card but is not able to pay the amount
due in the Litigation lump sum; and
Whereas, FIA Card and Gresham by this Settlement Agreement intend to resolve the
Litigation in the manner set forth hereinafter.
Now, therefore, in consideration of the mutual covenants and conditions herein contained,
and in lieu of further litigation, the parties expressly intending to be legally bound hereby, agree
as follows:
1. Gresham agrees that judgment may be entered on behalf of FIA Card and against
Gresham as reflected in the attached Praecipe for Entry of Judgment Upon Stipulation of the
Parties.
2. Gresham acknowledges that the judgment will accrue interest at 6% from the date it is
entered on the records of the court.
3. FIA Card agrees to accept the sum of $8,302.00 in full and complete satisfaction of the
judgment in installment payments (hereafter "the Settlement"), as follows:
a. An initial payment of $4,300.00 to be paid on or before September 30, 2009.
b. A payment of $646.00 to be paid on or before October 30, 2009.
c. A payment of $396.00 to be paid on or before November 30, 2009.
d. 10 additional payments of $296.00 to be paid on or before the 30th day of each
month thereafter.
4. The payments will be due on the 30th day of each month beginning September 30,
2009 by check payable to FIA Card Services, N.A. The checks are to be mailed to Burton Neil &
Associates, P.C. at 1060 Andrew Drive, Suite 170, West Chester, PA 19380.
5. FIA Card agrees to take no action on the judgment provided payments are made by
Gresham in accordance with this agreement.
6. When the Settlement is paid, FIA Card will file with the court a praecipe to mark the
judgment satisfied.
7. Should default occur, the full judgment amount will be due and owing less credit for all
payments made by Gresham pursuant to this agreement. "Default" as defined herein shall mean
any of the following: Gresham's failure to make a required payment due hereunder by the due
date or a check being returned NSF.
In witness hereof, the parties hereby execute this Settlement Agreement intending to be
bound legally thereby.
Burton Neil & Associates, P.C.
By:
Rob rt J. ane, Esquire
Atto ey or FIA Card Services, N.A. f/k/a
Bank o Am rica, N.A. (USA)
Date: to(6 0Q
A Gresham
te: q Zal2U0?
In making this communication, we advise our firm is a debt collector.
Burton Neil & Associates, P.C.
By: Robert J. Kane, Esquire ID. NO. 209794
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
Attorney for Plaintiff
FIA CARD SERVICES, N.A. f/k/a
BANK OF AMERICA N.A.
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-05779 CIVIL TERM
JO A GRESHAM
Defendant
: CIVIL ACTION -LAW
Certificate of Service
I, Robert J. Kane, Esquire do hereby certify that I served a true and correct copy of the
within Stipulation on pro se defendant, Jo A Gresham at her address of record via first class
mail, postage prepaid on the date set forth below.
Burton Neil & Associates, P.C.
Date:
J-1j- 0 By: 4wiz?
R er J. Kane, Esquire
A or ey for Plaintiff
The law firm of Burton Neil & Associates is a debt collector.
112537
FILED-OF" ICE
OF THE Pl-()7 i-?`MTARY
2009 OCT -8 PH Z: 4 5
Burton Neil & Associates, P.C. OF THE P?RQ OFFICE
By Derek C. Blasker, Esquire ID. NO.202150n?o? R~
1060 Andrew Drive, Suite 170 2010 DEC "6 PM 2+ e }
West Chester, PA 19380
610 CUMBERLAND C -696-2120 PENNSYLVANIA NT?A
Attorney for Plaintiff '
FIA CARD SERVICES, N.A. f/k/a IN THE COURT OF COMMON PLEAS
BANK OF AMERICA, N.A. (USA)
JO A GRESHAM
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 09-05779 CIVIL TERM
Defendant : CIVIL ACTION - LAW
Praecipe to Satisfy Judgment
To the Prothonotary:
Mark the judgment Satisfied.
Burton NNh & Associates, P.C.
By:
D C. Blasker, Esquire
Atto ev for Plaintiff
The law firm of Burton Neil & Associates is a debt collector.
112537
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