The URL can be used to link to this page

Home My WebLink About10-03492070523 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. CJ o GORDON & WEINBERG, P.C. <= o =n -, BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 73 JOEL M. FLINK, ESQUIRE 1? C3? Identification No.: 41200 - T -il 1001 E. Hector Street, Ste 220 - ?ca Conshohocken, PA 19428 yrn 484/351-0500 w ca -? FIA CARD SERVICES, N.A. F/K/A COURT OF COMMON PLEAS BANK OF AMERICA CUMBERLAND COUNTY 1825 E. BUCKEYE RD. PHOENIX, AZ 85034 VS. DOCKET NO. : 1j)- 349 0,-tv-L rM SUSAN C KENNEDY 211 FORGE RD BOILING SPRINGS PA 17007-9748 and JOHN WILLACY 211 FORGE RD BOILING SPRINGS PA 17,0079 COIPLAINT IN A83UMPSIT 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 qa •oo P -b AM ('-IG* 100q&71qq `f rjo a3 c? ash 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 or Affidavit of Account, if available, is attached hereto, made a part of this complaint and marked Exhibit "All 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 $28,602.27 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 11/13/09 in the amount of $28,602.27. 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 10/15/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $28,602.27 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI BERG, SQUIRE JOEL M. FLINK, ES RE Attorney for Plaintiff PO1C 2054 2070523 09138394 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA SUSAN C KENNEDY 74975998037984 I, ?aso? D t-r law, depose and say that: AFFIDAVIT being duly served sworn according to 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 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. There is now due and owing from defendant to plaintiff, the amount of $24,638.61 plus interest of $3,963.66 at the rate of 0W less credits in the amount of $.00 totaling $28,602.27 as of October 9, 2009. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and corr c to the best of my knowledge, information and belief. AFFI Sworn to and Subsc bed to (or fftiirmed) before ,.me this 2 ay of OC 2009 by 0?A_ Proved to me on the basis of satisfactory evidence to be the per no ( s ) w p eared before me. Signature Cu 1/x..0 -T A pie P100.1 ,0I" 9 a i d r.'. o ?sa`df31,?9/1111 00, EXHIBIT "A" r 2070523 09138394 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA SUSAN C KENNEDY 74975998037984 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. §4904 which provides for certain penalties for making false statements. ,r' q j P ???• ?° • ,? s,1rs ka?ar ? . ? s? t's? dB?. w' { Y. k M ,.?? € .q,}CYt 47a?dP 8Ri208?yL ??ai & C" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F1LLL1 F i Sheriff -l' r"= Pr Jody S ` i !('`?' ` ??Y ?qk1???' tit `v n u+brrl?r -+ r ?ei . , Chief Deputy 2 (0 AN 25) A l 11 5 Edward L Schorpp { f Solicitor OFFICE F --,E . N i?. f 91i. ? ? FIA Card Services vs. Susan C. Kennedy Case Number 2010-349 SHERIFF'S RETURN OF SERVICE 01/20/2010 12:32 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 20, 2010 at 1232 hours, she served a true copy of the within Complaint in Assumpsit, upon the within named defendant, to wit: Susan C. Kennedy, by making known unto John Willacy, Husband of defendant at 211 Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him personally the said true and correct copy of the same. 01/20/2010 12:32 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 20, 2010 at 1232 hours, she served a true copy of the within Complaint in Assumpsit, upon the within named defendant, to wit: John Willacy, by making known unto himself personally, at 211 Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $49.40 January 21, 2010 SO AN RS, 1 0 Y R ANDERSON, SHERIFF By Deputy Sheriff %0 CounfySuite Sheriff. Teleosoft. Inc. 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 vs. SUSAN C KENNEDY and JOHN WILLACY kLED_r1, =C 2070523 NARY 2010 FEB 19 AH g: 38 Crlla T IrY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-349 ORDER TO SETTLE DISCONTIM AND 81iiD 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 [ INBERG, ESQUIRE JOEL M. FL K. ESQUIRE Attorney for Plaintiff P003