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Home My WebLink About10-4136 2086484 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE o Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 N 1001 E. Hector Street, Ste 220 - Conshohocken, PA 19428 484/351-0500 v 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. ??.4mo SCOTT G AVERY 727 W LOUTHER ST CARLISLE PA 17013-2217 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 4ga.00 PO AT74 ?y ttg9 ?o aggO&T COMPLAINT IN CIVIL-ACTION 1. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 2. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 3. The defendant (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account or Affidavit of Account, if available, is attached hereto as Exhibit "A". 4. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due as of May 4, 2010 in the amount of $8,431.28. 5. 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. 6. Defendant's last payment on account was made on 5/19/09. WHEREFORE, plaintiff claims of the defendant(s) the sum of $8,431.28 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI ERG, ESQUIRE JOEL M. FL ESQUIRE Attorney for Plaintiff P01A r 2086484 10143718 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA SCOTT G AVERY 5200011999441318 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. 2054 2086484 10143718 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA SCOTT G AVERY 5200011999441318 AFFIDAVIT I U slip ice, 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 $7,158.06 plus interest of $1,273.22 at the rate of 0% less credits in the amount of $.00 totaling $8,431.28 as of April 15, 2010. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correc? b st of my knowledge, information and belief. //// a y of A 2010 by Proved to me on the basis of satisfactory evidence to be the pers n(s) who ppear before me. signature Seajoy E. JEFF "R30N P100.1 Notary Public Guilford County, NC My Commission Expires Mard, R, 2014 Sworn to and Subscribed to before me this da (? ) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~;~~C}-1 ,i ` ~r Sheriff ~~~~~,, flt ~ ii t„rrrr ft~~, ~f= ~H" #~~: '~. ? ~?Y Jody S Smith ChiefDepufy ~~ ~ ~. 2Qi0 Jtl~~ 29 ~ ~~ ~~~ Richard W Stewart Solicitor ~~`~'~ ~'~ ~"F ~"rR'~F CUt~~ -;~~~.., ~.~.~,~UNilr i'c~'~~Pv~Y1.~~~V{A FIA Card Services Case Number vs. Scott G. Avery 2010-4136 SHERIFF'S RETURN OF SERVICE 06/24/2010 04:00 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2010 at 1600 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Scott G. Avery, by making known unto James Touloumis, Son In Law at 727 W. Louther Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. .°~' NOAH CLINE, DEPUTY SHERIFF COST: $33.40 June 25, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ;ci Cam!ySuite Steen», Teleosoft, Inr,- June 6, 2010 f ~/7 LQ-Y~D ~`rVlG~C~ ~~ ~/~/~ ~a.K ~C 4f` ~l~t ~ r~CIC ~h~~~ , ~-, frz ~s~3 y Cumberland County Prothonotary Office Court of Common Pleas 1 Courthouse Square Suite 100 Carlisle, PA 17013 Re: Docket No. 10-4136 I/5 . sos~ ~~~y~,~ ~~ ~7o~T fir/. you. tr ~~~/~/, P~ X013 Dear Mr. or Ms. ~~~~~~ Having received your summons on June 24, 2010 from plaintiff FIA Card Services, N.A. F/K/A Bank of America, 1825 E. Buckeye Rd., Phoenix, AZ. 1, Scott Avery would like to file the following response. Approximately two years ago I was forced to take a 609'o pay cut with my employer due to economic hardships. Since then I have gone through all the money I had in savings and my IRA to try to keep up with monthly expenses. During this time I have given Credit Solutions Power of Attorney to help me negotiate settlement terms with my credit card creditors. Of which recently I have successfully settled outstanding debt with Chase and HSBC card services. Currently my financial situation is still very restricted, documentation supporting my past and current financial situation is available upon request. The near future does look promising as far as my personal income. Accordingly, I am willing to enter into a settlement with FIA Card Services/Bank of America to get this account resolved. To my knowledge Credit Solutions has already tried to contact Gordon & Weinberg, P.C. who is representing FIA Card Services/Bank of America to negotiate a settlement. I will continue to work with Gordon & Weinberg, P.C. through Credit Solutions to enter into an agreement with FIA Card Services/Bank of America and get this matter resolved. Thank you for your cooperation. Sincerely, ~ o ~' ~, ..~ F~ _ a ~ t , ` ~± i t ~ ' Scott Avery ~ ~ ~ ~ 727 West Louther St. .,,,~ ~ c ~ Carlisle, PA 17013 cc: Frederic I. Weinberg, Esquire & Joel M. Flink, Esquire, Gordon & Weinberg, P.C. ~_ +J./ ~.~:; Credit Solutions "~ 6 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FUNK Identification No.: 41200 1001 E. HECTOR STREET SUITE 220 CONSHOHOCKEN, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA vs. SCOTT G. AVERY 2086484 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-4136 STIPULATION OF SETTLEMENT 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 ZZO, Conshohocken, PA 19428, for the sum of Three Thousand Six Hundred and no/100 ($3,600.00) Dollars in installments as follows: a. Six (6) equal and consecutive payments of Six Hundred and 00/100 ($600.00) Dollars to be received on or before the 30~' of each month beginning July 30, 2010. 2. Defendant appears generally herein and submits to the jurisdiction of the Court. 3. In the event of a default of any of the above listed conditions and payments, Plaintiff may, upon 10 days notice enter judgment for the relief demanded in the Complaint filed less any payments made plus judicial interest of 6% running from the date of filing. 4. 5. Upon full and final compliance with this stipulation, this action shall be deemed fully settled, discontinued and/or satisfied and an Order to Satisfy, Discontinue, and End will be sent to the Defendant. 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. Gordon and Weinberg, P.C. Joel M. Esquire Date: ~-2 ~' ~ll~ Date: ~ ~~~~~" 2086484 c rn OD GORDON & WEINBERG, P.C. x, N) BY: FREDERIC I. WEINBERG, ESQUIRE r qp Identification No.: 41360 > ? ? ;i JOEL M. FLINK, ESQUIRE c7 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. SCOTT G AVERY DOCKET NO. : 10-4136 ORDER TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended upon payment of your costs only. GORDON & WEINBERG, P.C. BY: FREDERI I. WE NBERG, ESQUIRE JOEL M. FLING' ESQUIRE Attorne r Plaintiff P003