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Home My WebLink About11-0773R 2081060 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF 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 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA 1825 E. BUCKEYE RD. PHOENIX, AZ 85034 Vs. GERALD M COLEMAN 49 OLD STONEHOUSE RD S CARLISLE PA 17015-9798 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : q bjj _ ? ?S COMPLAINT IN ASSUMPSIT NOTICE G, v< < Tim o -10 J. co -t m -? = -ern u, ?? ? rep o CD TCD l .J -n n CD 77 Q r-, n 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 c TA a Q.M X3$15? v-* .a Sq p ? 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 $33,691.95 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 September 23, 2010 in the amount of $33,691.95. 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 7/27/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $33,691.95 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I JOEL M. FIB Attorney f E NBERG, ESQUIRE ESQUIRE Plaintiff PO1C 2081060 10144413 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA GERALD M COLEMAN 74975998463412 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 19 Fa.C.S. §4904 which provides for certain penalties for making false statements. ,fr? 1 ?• J'1.??Vri. Z ! EXHIBIT "A" 2054 2081060 10144413 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA GERALD M COLEMAN 74975998463412 AFFIDAVIT I .__.._ EA11 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. 1 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 $30,936.20 plus interest of $2,755.75 at the rate of 0$ less credits in the amount of $•00 totaling $33,691.95 as of February 25, 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. Sworn to and Sub"ibed to (03AJaffirmed). before me_ this day of 2010 Proved to me the basis satisfactory evidence to be the pets n( who re `before me. ,r1N7r]4?11def?jf?tf . ?? .. Signature I'1 ' V A FF I itif 1 ''r Gerald M. Coleman 49 Old Stonehouse Rd. S. Carlisle Pa. 17015 State of ( Pennsylvania Bank of America (FIA card service) Plaintiff, Vs. Gerald M. Coleman Defendant(s) lAlnw l- FILI.D-OFFICE F TNF PRO fNODTAR f 2a11 JA% 31 AM & 56 PF Cumberland Cause/Case No. ( 2011-773 ) Gerald M. Coleman ("Defendant"), hereby answers the complaint of Bank of America (FIA card service) ("Plaintiff') for it's self alone as follows and generally denies the allegations due to the complaint based on lack: of information and belief. First Affirmative Defense "(Agreement to Arbitrate) The credit card agreement may state that disputes may be resolved by binding arbitration. Defendant elects to have all disputes related to the credit card agreement resolved by binding arbitration." Second Affirmative Defense "(Amount in Dispute) The account balance claimed by plaintiff is not accurate and the total amount that is owed, if any, is in dispute." Third Affirmative Defense "(Financial Hardship) Due to a serious financial crisis, defendant does not have sufficient funds to pay the full amount of the undisputed debt, if any. In 2008 I had shoulder surgery, knee surgery in 2009. also construction became very, slow and we were working 3-4 days a week. I fell behind on my payments and could not get caught back up. Since that time in Aug. 2009 I hired Freedom Debt center (debt talk) to help me through my issues. I am currently making payments of 975.00 a month and making progress in getting things paid off. It will take a little time til I have things caught up and back on track. WHEREFORE, Defendant requests that: 1. Plaintiff takes nothing by way of his complaint; and 2. For Defendant's costs of suit. Dated: 1-30-11 Signature Gerald M. Coleman Printed Name Defendant in Pro Per 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 2081060 FILED-OFFICE G'? TIE P P 0 T 4r- T; R j, 0I I FEB 18 PM 12: 2 n NIn W4 r FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA VS. GERALD M COLEMAN COURT OF' COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 2011-773 PLAINTIFF" 3 REPLY TO NEW MATTER 1. Denied. This averment is a conclusion. of law which requires no response under the applicable Rules of Civil Procedure. However, this averment is denied and strict proof thereof is demanded at the time of trial. 2. Denied. The amount claimed in plaintiff's complaint is due and owing. Therefore, it is denied and strict proof thereof is demanded at the time of trial. 3. Denied. After reasonable investigation plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. Therefore, it is denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff demands damages against the defendant(s) as set forth in plaintiff's Complaint. GORDON & WEINBERG, BY: FREDERIC I. W INBERG, ESQUIRE JOEL M. F K, ESQUIRE Attorney for Plaintiff P014 VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action and verifies 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 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. ERG, ESQUIRE CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Reply to New Matter, via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I ERG, ESQUIRE Dated: ?k[Nl(? David 1D. Buell' Prothonotary Office of the Prothonotary Cum6er[and County, Pennsylvania r&S. Sohonage, E SQ Solicitor /1-6773 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, TA • CPhone 717 240-6195 0 'Fax 717 240-6573