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HomeMy WebLinkAbout10-73732088633 ~i a _~ THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. 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 ASSESSMENT OF t7 ~., C _~ ~~ x r*t ~~ -°c ~~ ~° C' -v -~. t? ~ c.~ --t ~~ ©~' Q ~~ --+m --C 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 . I ~ ..~ 3~,j JEFFREY S LAUVER 280 REDWOOD LN CARLISLE PA 17015-7818 NOTICS 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 ~ a~ © ~a~'~ 3 ~~~a~,~s ~'~ has+~`~ 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 August 11, 2010 in the amount of $6,537.36. 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 5/28/09. WHEREFORE, plaintiff claims of the defendant(s) the sum of $6,537.36 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EIN ERG, ESQUIRE JOEL M. FLI K, SQUIRE Attorney for Plaintiff POlA ~ a 2088633 10192368 FIA CARD SERVICES, N.A. F/K/A BANK OF A14ERICA JEFFREY S LAUVER 4888937997581808 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. 4 ~ 2054 2088633 10192368 FIA CARD SERVICES, N.A. F/K/A BANK OF AFRICA JEFFREY S LAtJVER 4888937997581808 Teneshe Boone Smith I, 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 $6,345.03 plus interest of $192.33 at the rate of 0~ lass credits in the amount of $.00 totaling $6,537.36 as of May 20, 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 best of my knowledge, information and belief. FIANT Sworn to and Subscribed to (or affirmed) ~~~ Q.~ 2~+0 before me this day of 201 1 by Proved to me on the basis of satisfactory evidence to be the persons) who appear@d before me. signature ,, AIICIA J 4isv~ Notary u Ploo .1 \ Guilford County. NC ~# My Commission Expkes ~' 20,2014 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILED-OFFICE Sheriff OF THE PRoT,goP o,I.?t ? la,?,Y ? Jody S Smith z IC Chief Deputy -8 PSI 3: 4 3 Richard W Stewart ?'UMBERLANO C0UI`4TY Solicitor r F ,IFPENNS YL IM NIA FIA Card Services vs. Jeffrey S. Lauver Case Number 2010-7373 SHERIFF'S RETURN OF SERVICE 12/02/2010 07:19 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 2, 2010 at 1919 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jeffrey S. Lauver, by making known unto himself personally, at 280 Redwood Lane, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 December 03, 2010 NOAH CLINE, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF Shen t, l e leoso}(. (I-C. e 2088633 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 o FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA VS. COURT OF COMMON PLEAS r- _ CUMBERLAND COUNTY yy ? N DOCKET NO. 10-7373 c JEFFREY S LAUVER O n --4 =-n r-ni= -44M C )-n C) rq D -K PRAECIPE FOR ENTRY OF JODG'M NT FOR MWT OF AN ANSWER ASSESSMNT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $6,537.36 Less: Payments on Account ( $.00) Total: $6,537.36 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: FIA CARD SERVICES, N.A.F/K/A BANK OF AMERICA and that the last known address of defendant, JEFFREY S LAUVER, 280 REDWOOD LN, CARLISLE PA 17015-7818. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of °b the Soldiers and Sailors Civil Relief Act and is (are) over 18 N„ktlq,b, years of age. Q ??cNg6S O? ?ss7t? ,?ce ?ed AND NOW, this I day of rC/ 2011 Judgment is entered in favor of the plaintiff(s) and ag ' st defendant(s) by default for want of an answer and damages assessed at the sum of , $6,537.36 as per the above certificati Prothonotary GORDON & WEI ERG, P.C. BY: FREDERIC INBERG, ESQUIRE JOEL M. (LIiNK,ESQUIRE Attorney or laintiff 2088633 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. JEFFREY S LAUVER 280 REDWOOD LN CARLISLE PA 17015-7818 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-7373 NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. Judgment by Default $6,537.36 Money Judgment $ Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 01 ( --D . I-V'? t8 2 PROTHONOTARY t"'? , 1. 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 2088633 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA Vs. JEFFREY S LAUVER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-7373 NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA JEFFREY S LAUVER 280 REDWOOD LN CARLISLE PA 17015-7818 DATE OF NOTICE/FECHA DEL AVISO: December 23, 2010 n4PORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERI I. INBERG, ESQUIRE P10D-2 JOEL M. K, ESQUIRE GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FILED-OFFICE OF THE PROTHONOTARY 201 ROW3PM z: 11 'CUMBERLAND COUNTY PENNSYLVANIA FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA VS. JEFFREY S LAUVER SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this 26Janll, it is suggested of record that Defendant, JEFFREY S LAUVER, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about November 15, 2010, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 10-09265. Therefore, this matter should be stayed until further notice. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-7373 GORDON & WEINBERG, P.C. BY: FREDERIC JOEL M . I Attorney E;NBERG, ESQUIRE ESQUIRE Plaintiff 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 FILED-OFFICE OF TIDE FR0TI 01"0 TARP 2011 FEB -3 AM 11: 16 CUM8ERLAND Ct3l1IN I i PENNSYLVANIA FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA VS. JEFFREY S LAUVER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-7373 PRAECIPE TO VACATE JUDGNMM TO THE PROTHONOTARY: Please vacate the Judgment entered in the above matter. GORDON & WEINBERG, P.C. BY: FREDERIC INBERG, ESQUIRE JOEL M. FLINK,ESQUIRE Attorney for Plaintiff PO10 pd, 6S a N'? k/rliq y lWt 1t/3-2 3 3 9Z ?J_j ?W S- y CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Vacate Judgment Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. Dated ?l FREDERIC I. WE BERG, SQUIRE (1