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Home My WebLink About10-173516 GORDON & WEINBERG, P.C 2073469 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. BY: FREDERIC I. WEINBERG, ESQUIRE C7 Identification No.: 41360 sC' JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 _ 484/351-0500 z 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. : I4' 1735 CARYN J KASECKY 110 ARNOLD RD ENOLA PA 17025-2102 COMPLAINT IN ASSUMPSIT NOTICE N C= 0 c? M MT C7, a-wit Term 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 Po ?a38'15/ 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 "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 $19,820.79 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 1/21/10 in the amount of $19,820.79. 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 5/19/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $19,820.79 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I WEI BERG, ESQUIRE JOEL M. F , ESQUIRE Attorney for Plaintiff PO1C CARYN J KASECKY 74973995289088 2073469 09534561 FIA CARD SERVICES, N.A. F/K/A SANK OF AMERICA 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. I Lo? EXHIBIT "A" 2054 2073469 09534561 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA CARYN J KASECKY 74973995289088 AFFIDAVIT I, "- ?''?? 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 $19,414.66 plus interest of $406.13 at the rate of 0% less credits in the amount of $.00 totaling $19,820.79 as of December 17, 2009. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the b7gt of my knowledge, information and belief. z- i f; AF Sworn to and Subscribed to (or affirmed) before me this Jf day of eC - 2009 by _ TaSGA Q Proved to me on the basis of satisfactory evidence to be the pe n(s) who eared before me. Signature 7 (Seal) P100.1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff RILE[:'lC? Jody S Smith Chief Deputy ZQ?? 2?i j$ Edward L Schorpp Solicitor OFFS OF =StFF ?, FIA Card Services Case Number vs. Caryn J. Kasecky 2010-1735 SHERIFF'S RETURN OF SERVICE 03/18/2010 07:28 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2010 at 1928 hours, she served a true copy of the within Complaint in Assumpsit, upon the within named defendant, to wit: Caryn J. Kasecky, by making known unto herself personally, at 110 Arnold Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. Ma f4a (?? k J'6A C BAUGH, DEP SHERIFF COST: $41.50 March 19, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF r,) C 110tySuite Shenft_ 1e!ecS-:J1 Inr.. 2073469 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 COURT OF COMMON PLEAS BANK OF AMERICA CUMBERLAND COUNTY Vs. CARYN J KASECKY 110 ARNOLD RD ENOLA PA 17025-2102 NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $22,784',.44. IF YCU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 484-351-0500 GORDON & WEINBERG, P.C. BY: ?5- FREDERIC I?. INBERG, ESQUIRE JOEL M. FLINK,', ESQUIRE Attorney for Plaintiff Dated:" *I ? .oo p 0 w-r,-y Of (35175 1?1o'?ee I?lou.l.?? Y GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 1001 E Hector Street Ste 220 FILED- oFr-i0c OF THE PI-OTNIWOTA P-y 60 to X)Ov - 5 PM A °" 2073469 OA-" 16`0, P/1 dre% Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. F/K/A COURT OF COMMON PLEAS BANK OF AMERICA CUMBERLAND COI'UNTY VS. DOCKET NO. : 10-1735 CARYN J KASECKY PRAEC_IPE TO ENTER JUDGMENT ON ARBITRATION AWARD TO THE PROTHONOTARY: Please enter judgment on the attached arbitration award in favor of the plaintiff, FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA, against the defendant, CARYN J KASECKY in the amount of $22,784.44. FREDERIC I. EI ERG, ESQUIRE JOEL M. FLI K, SQUIRE Attorney for Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. F/K/A COURT OF COMMON PLEAS BANK OF AMERICA CUMBERLAND COUNTY VS. DOCKET NO. 10-1735 CARYN J KASECKY VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action and vellrifies 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 relating to unsworn falsification to Pa. C.S. Section 4904 authorities' ? III II FREDERIC I. ESQUIRE CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby celrtify that I, on the date below, served a copy of Plaintiff's Pra!,ecipe to Enter Judgment on Arbitration Award, via First Class Mail, postage pre- paid, to all other parties or their counsel of record. III Neil J. Ruther Persels & Associates, LLC P.O. Box 729 Columbia, MD 21045 FREDERIC I. WE Dated: ERG, ESQUIRE 2002-14 Plaintiff 142V S- re A DeKndant 6U-72)1-4(o 9 In The Court of Common Pleas of Cumberland County, Pennsylvania No._,Z,??,- Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the dutics of our office with fidelity. 17 1. gnatnrc Signature Signature ?' ? ? ? Lei ?,? <<??? ?..: ?-3r:?.?? ;?1sr:?.?;? ? ,. - - Name (Cha' pan) Name Name ,?y ? ?? ? ?. t ? ? ! ? ?!.-*. L - ..`'??' t, +?? f,; .tct , ', ? ?,r`t -?-i , ? ?'' `?,`',?, (L?i tl??.S Law FFt?rm Law Firm Law Firm Address Address Address City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed),. make the following award: (Note: If darnagcs for delay are awarded, they shall be separately stated.) ' . Arbitrator, dissents. (Inscrt name if applicable.) Date of Hearing: .0 .... (Chairman) Date of Award: -7 7- Notice of Entry of Award Now, the R lay of 2U_.,/() , at ?-.M., the above award was entered upon the dockzt and notice th,x 6 glVen by mail to the parties or their atto,rncys. Arbitrators, compense-don to be paid upbn appeal: $ js-o,D? '1 ROZ COPY FROM RECORD By: ?!1 T? v?hom$.. t1*nrtmto ** my hand TWO ?ts, I Pr+othono