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Home My WebLink About10-0350 2069462 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING 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 BANK OF AMERICA, N.A. 275 S. Valencia Avenue Brea, CA 92823 VS. TRIPLE R GUITAR LTD 300 MARKET ST LEMOYNE PA 17043-1627 and RANDAL R. ROBERTSON 2101 MAYFRED LANE CAMP HILL PA 17011 REQUIRE D ° o `n Film C 4 -ern r . j ??? ca ?" COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10 - 350 CjVt ( TEC'W 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 *ga.oo Pp ATW &-f I604'1l01 4g4601 - -AL Uw' ao a57 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 $23,873.70 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 November 13, 2009 in the amount of $23,873.70. 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 12/8/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $23,873.70 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINB RG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff PO1C 4. 2069462 09330655 BANK OF AMERICA, N.A. TRIPLE R GUITAR LTD andRANDAL R. ROBERTSON 4339930012128205 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. NAME 11pnE r or r r na?,r,' 1 ?n i Q.? _ eA' 'rC`F, L) GO v`??, "W AAA 111111111111 EXHIBIT "A" 2058 2069462 09330655 BANK OF AMERICA, N.A. TRIPLE R GUITAR LTD andRANDAL R. ROBERTSON 4339930012128205 AFFIDAVIT I, Robin Mays , being duly served sworn according to law, depose and say that: 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 $23,873.70 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $23,873.70 as of September 10, 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. AFFIANT Sworn to and Subscribed to (or affirmed) before me this day of 1) 2009 by Rnhi A S Proved to m n the basis of satisfactory evidence to be the pers nn s) who p red before me. ! « fl V '?°o, a Signature .`# P100.1 ? s CL ' Z C) ' G? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Bank of America, NA vs. Triple R Guitar LTD rip ?1 4tf?ptrrl??d i' 1010 JAN 21 A 1 9,: 4 2 Case Number 2010-350 SHERIFF'S RETURN OF SERVICE 01/19/2010 08:54 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2010 at 2054 hours, she served a true copy of the within Complaint in Assumpsit, upon the within named defendant, to wit: Triple R Guitar LTD, by making known unto Randal Robertson, Owner at 300 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. 01/19/2010 08:54 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2010 at 2054 hours, she served a true copy of the within Complaint in Assumpsit, upon the within named defendant, to wit: Randal R. Robertson, by making known unto himself personally, at 300 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $58.40 January 20, 2010 SO ANSWERS, O Y R ANDERSON, SHERIFF By Cc Deputy Sheriff c; Coi rrySuitc Snenft. Te ?soFl. Ind. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA Plaintiff NO. 10-350 20 ? Q vs. ?3 co C_ r TRIPLE R. GUITAR LTD. AND RANDAL R. ROBERTSON ZeA RULE 1312-1 Defendant ? -0 The Petition for Appointment of Arbitrators shall be substantially in theme C N Following form: - s -- PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: JOEL A FLINK , counsel for the laintiff efendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 23,873.20 plus costs, interest & attorney fees The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: JOEL M. FLINK, ATTORNEY FOR PLAINTIFF; IAN J. BLYNN, ATTORNEY FOR DEFENDANTS WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, 7 ORDER 4 COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, O rn =-n -urn ::04= 3 I C:)-rnn A Kevin A. Hess, P.J. 4 a4 oo P0 Am at mao.2 e.2-54150 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA Plaintiff NO. 10-350 20_ Z„r VS °C'* ?" ma = t . =r =7 • a r -0m TRIPLE R. GUITAR LTD. AND RANDAL R. ROBERTSON -<> a" CD Defendant C) RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in thr-r n Following form: -? PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: JOEL M. FLINK , counsel for the laintif efendant in the above action (or actions), respectfully represents that; 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 23,873.20 plus costs, interest & attorney fees The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: JOEL M. FLINK, ATTORNEY FOR PLAINTIFF; IAN J. BLYNN, ATTORNEY FOR DEFENDANTS WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. c ` -v a r-ri E" Respectfully submitted, V)r- N <> co ORDER COURT C7 rv .J v! AN NOW,Qd?? k-7 , 209/ , in consideration of the foregriingz=D petition, Esq., and Q&111" AQ1& x4L Esq., and Esq., are appointed arbitrators in the above C1 q err,,, ?m C3 c: , =o -Tj captioned action (or actions) as prayed for. r Es' rrt? c 6L By the rt, /Ie Kevin A. Hess, P.J. a?, 00 PO ATrl c# 138a-0.2 e-1.54!50 /AI a/f r q GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M, FLINK, ESQUIRE Identification No.: 41200 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 484/351-0500 BANK OF AMERICA, N. A. VS. TRIPLE R GUITAR, LTD RANDAL R. ROBERTSON COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-350 STIPULATION OF SETTLEMENT - c rncaa zern to cam-- ?: 3> ? - C-) 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, Pennsylvania 19428, the sum of Twelve Thousand Six Hundred and 00/100 ($12,600.00) Dollars in installments as follows: a. Thirty Six (36) equal and consecutive payments of Three Hundred Fifty and no100 ($350.00) Dollars to be received on or before the 15ffl' of each month beginning May 15,2011 2. 3. 4. Defendant appears generally herein and submits to the jurisdiction of the Court. In the event of a default of any of the above listed conditions and payments, Plaintiff may, upon 10 days notice to Defendant and Attorney enter judgment for the relief demanded in the Complaint filed in this matter plus judicial interest of 6% running from the date of filing. Upon full and final compliance with this stipulation, this action shall be deemed fully settled, 2069462 3a i N rv C"I r-- C" discontinued and/or satisfied. 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. Joel A Fl Attorn 7 Plaintiff Date: q -dt -7 -1) Gordon and W Ian J. Blynn, Esquire Attorney for Defendant Date: ?, N.A., BANK OFAMERICA IN THE COURT OF COMMON PLEAS OF Cz r"'z , Plaintiff PENNSYLVA?* CUMBERLAND COUNTY ' , rn r? ' ?- ? CIVIL ACTION - LAW VS. NO. 10-0350 CIVIL C- =r TRIPLE R GUITAR, LTD and RANDAL R. ROBERTSON, Defendants: " ORDER AND NOW, this 5? day of May, 2011, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Lisa M. Coyne, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, , /1. Kevin Y 'Hess. P. J. Lisa M. Coyne, Esquire v" Court Administrator Am 00P, CS ma Ieo( 5 ?s??l - OR In is= Mi 2069462 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 ? ? ce?J G E`:?? :4 2"12 OCT I I FM I : 50 UMBERLAND COUNTY Pr-N NSYLVANIA BANK OF AMERICA, N.A. VS. TRIPLE R GUITAR LTD and RANDAL R. ROBERTSON COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-350 PRAECIPE TO W1THDRAN COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P. BY: FREDERIC I. W NBERG, ESQUIRE JOEL M. FLI , ESQUIRE Attorney for Plaintiff P006 . t CERTIFICATION OF SERVICE I, FREDERIC I. NEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Withdraw Complaint to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. ___f ? FREDERI I. WEINBERG, ESQUIRE Dated l b