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Home My WebLink About10-29472057840 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 REQUIlf';$D. _ y ( ' c FIA CARD SERVICES, N.A F/K/A BANK OF AMERICA 1825 E. BUCKEYE RD. PHOENIX, AZ. 85034 Vs. MICHAEL W WEBSTER 58 SHARON ROAD ENOLA PA 17025-1826 LL06 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: to - a447 Ctv; l Term COMPLAINT IN ASSUNPSIT 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 Q CARLISLE, PA 17013 *g0q.00 Pb ATTI (717) 249-3166 ut 10aba.3 12.E aylsoy 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 $47,246.66 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 December 30, 2009 in the amount of $47,246.66. 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 5/23/08. WHEREFORE, plaintiff claims of the defendant(s) the sum of $47,246.66 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 2057840 09030070 FIA CARD SERVICES, N.A. LL06 F/K/A BANK OF AMERICA MICBASL W RMSTER 74975999336237 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. 54904 which provides for certain penalties for making false statements. W?&III "I" ?oql c,k C H? r'`?•h,? EXHIBIT "A" • 1 2054 2057840 09030070 FIA CARD SERVICES, N.A. LL06 F/K/A HANK OF AMERICA HICEARL V VMTER 74975999336237 AFFIDAVIT 1,___ Mawbi , being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff heroin 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 $47,246.66 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $47,246.66 as of January 11, 2010. 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 beat of my knowledge, information and belief. AFFIANT Sworn to and Subsc ibed to (or affirmed) J before me this day of ---r'" 20AD by FI-' Proved to ms he basis of satisfactory evidence to be the person a ) who 77CL ?JUM&--for¦ me. `,?11trin?ltlrrfpt?+ fi }CHI' Signature a Fi A, P100.1 C? r ?+ 1 s 'u; w a hJ,.p?tllaU91J1?ti°i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~'"' Sheriff ~-~~ ~~pr,, of ~utrui~r~r~~ ~~ 4~'~~~ Jody S Smith "' Chief Deputy 20!! MI1Y 12 AM 8= a ~ Edward L Schorpp Solicitor ~~r ~ ~= ~~~~_ F~F~ ~~~~ ~ FIA Card Services vs. Case Number Michael W. Webster 2010-2947 SHERIFF'S RETURN OF SERVICE 05/10/2010 09:03 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 10, 2010 at 2101 hours, she served a true copy of the within Complaint in Assumpsit, upon the within named defendant, to wit: Michael W. Webster, by making known unto Scarlette Webster, Wife of defendant at 58 Sharon 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 ame. MICHELLE GUTSHAL ,DEPUTY SHERIFF COST: $41.50 May 11, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF i,C,'~ l.,Glnllj+J"Jilt Sh@;"':`T. 7~£:I4 ^gG`f. II'G. .~1 2057840 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. LL06 F/K/A BANK OF AMERICA vs. MICHAEL W WEBSTER COURT OF COMMON PL CUMBERLAND COUNTY DOCKET NO. 10-2947 -° Li, o :~ _ ~, +-~ r G r ~--; -, r~ d7 PRAECIPE TO WITSDRA~ COI~LAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC JOEL M. Attornei~ ~W~INBERG, ESQUIRE NK, ESQUIRE or Plaintiff P006 ~~ 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. FREDERIC I. ERG, ESQUIRE Dated j - ~ 3 __ ~~ 2057840 ~ __ . ~ -~ ~ GORDON & WEINBERG, P . C . ~v _ -- - ~ rR .~ ~" ~'' BY: FREDERIC I. WEINBERG, ESQUIRE N Tt~t • -_ Identification No.. 41360 =•~ ,,,~, ; __ JOEL M. FLINK, ESQUIRE ~ Identification No.: 41200 ` ~ : ~~.~ _ '' `l' 1001 E. Hector Street, Ste 220 ~ c;- Conshohocken, PA 19428 ~ ~` 484/351-0500 ~ FIA CARD SERVICES, N.A. LL06 COURT OF COMMON PLEAS ~ F/K/A BANK OF AMERICA CUMBERLAND COUNTY vs. MICHAEL W WEBSTER DOCKET N0. 10-2947 ORDER TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter discontinued and ended upon payment of your costs only. GORDON & WEINBERG, P.C. BY: FREDERIC JOEL M. Attornev 7. WE BERG, ESQUIRE LINK ESQUIRE fo Plaintiff P003