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Home My WebLink About06-3201 . . , e N~012129 THIS IS AN ARBITRATION MATtER, ASSESSMENT OF DAMAGES HEARING REQUIRED, GORDON & WEINBERG, P,C, BY: FREDERIC I, WEINBERG, ESQUIRE Identification No,: 41360 PAUL M, SCHOFIELD, JR" ESQUIRE Identification No,: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 DISCOVER CARD 2U29 3311 MILL MEADOW DRIVE HILLIARD OH 43026 COURT OF CO MON PLEAS CUMBERLAND OUNTY VS. DOCKET NO. MICHAEL W ADAMS 411 BROOK CIR MECHANICSBURG PA 17050-4611 0(", -3:21.>1 (]IU.l~'W'" 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 WRITTE 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 T T 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 N 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, HIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, i IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEG SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY BAR ASSOCIAT ON 32 S, BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 f , COMPLAINT IN CIVIL ACTION 1. At all times relevant hereto, the d~fendant(S) was the a credit card, which at the request ~f the defendant(s) holder of was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defe dant (s) the use of plaintiff's credit facilities, 2, Defendant(s) accepted and used the af resaid credit card so issued and by so doing agreed to perf rm 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 tr e and correct copy of the Affidavit of Plaintiff is attached here 0 as Exhibit "A", 4, All the credits to which the defendan (s) is entitled have been applied and there remains a balance du in the amount of $4,418,05, 5, Plaintiff has made demand upon t e defendant(s)for payment of the balance due of $4,418,05 but he defendant(s)has failed and refused and still refuses to pay t e same or any part thereof, the sum of WHEREFORE, plaintiff claims of the $4,418,05 with interest from the date of Febru ry 28, 2003, f together with costs and attorney fees, FREDERIC PAUL M. Attorney pt GORDON & WEINBERG, BY: ERG, ESQUIRE , JR., ESQUIRE ntiff POlE . ._~ . , VERIFICATION FREDERIC I, WEINBERG, ESQUIRE, hereby st1tes that he is the attorney for the Plaintiff(s) in this action an~ verifies that the ! statements made in the foregoing pleading are rue and correct to the best of his knowledge, information and bel ef, The undersigned understands that the st tements herein are made subject to the penalties of 18 Pa,C,S,A, Section 4904 relating to unsworn falsification to authorities, , ESQUIRE , EXHIBIT "A" I N~012129 NeD F~ancial Systems, Inc. MICHAEL W ADAMS 6011002110678554 AFFIDAVIT I, CRYSTAL HECKSTALL, 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 nd 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 bre ch of contract and that damages are sought as a direct result of said breach; 5, After allowing for all offsets and cred ts, a balance remains on the subject account having account numb r 6011002110678554in the amount of $4,418,05; and 6, If called upon, affiant can testify at rial as to the facts pertaining to this matter, The above facts are true information and belief, Sworn to and Subscribed before ~ this ~ day of 'OAf, 2 0 0 ~.."...,,""/ .;.~ ~ose: 1",1. ; "..."'R~"oI! Notary Publ' ,......~TAR~'..'.,<O\ l .~ , "\" ... 'j= :,;;... PUBC'C ...~} ;00 r....... .....*' $' "'" yo ..........o..:l ~ ""'/,IttERY c: \\..,.... 1111'"111111""\" Sandra Rosenfeld NOTARY PUBLIC Montgomery County State 01 Marylan.d My commission ExpIres June 4, 2006 L--..__ ~ -{,Q. Q ~ ~ tit Y\ r--' 9n lA n 0' <:> ~~-, "" -'. k> ~ ~ "C-'" - ~:;; f11-;::::= ~ Q. .",-,..,. --....r;:!. \ 'b~""'" "';;) tF' '--\(\ ~ 0- r -v ;'~:}\~) "'- ---~ -- ~ t? ~-? ";~\ ~:o ~ ::.<c -1::" '-" NC012129 .. GORDON & WEINBERG, P,C, BY: FREDERIC I, WEINBERG, ESQUIRE Identification No,: 41360 PAUL M, SCHOFIELD, JR" ESQUIRE Identification No,: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 DISCOVER CARD 2U29 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs, DOCKET NO, 063201CIVILTERM MICHAEL W ADAMS 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 $4,418,05, IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P,C, AT 215/988-9600, GORDON & WEINBERG, P,C, BY: FREDERIC I, G, ESQUIRE PAUL M, SC OFI , JR"ESQUIRE Attorney fo Plaintiff Dated: August 2, 2006 GORDON & WEINBERG, P,C, . BY: FREDERIC I, WEINBERG, ESQUIRE Identification No,: 41360 PAUL M, SCHOFIELD, JR" ESQUIRE Identification No,: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 DISCOVER CARD 2U29 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO, 063201CIVILTERM MICHAEL W ADAMS P:RAEClPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, MICHAEL W ADAMS, and assesses the damages as per statement below, FREDERIC I, WEINBERG, ESQUI PAUL M, SCHOFIELD, JR" Attorney for Plaintiff RE Principal Interest from June 3, 2005 @O% Total: $4,418,05 $,00 $4,418,05 I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe, FREDERIC I, WEINB PAUL M, SCHOFIEL Attorney for Plain Filed: By the Prothonotary: AND NOW, this /~day of (J'AifJ ' 2006 Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum of , $4,418,05 as per the above certification, GORDON & WEINBERG, P,C, BY: FREDERIC I, WEINBERG, ESQUIRE Identification No,: 41360 PAUL M, SCHOFIELD, JR" ESQUIRE Identification No,: 8i894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 DISCOVER CARD 2U29 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS, DOCKET NO, 063201CIVILTERM MICHAEL W ADAMS CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; DISCOVER CARD 2U29 and that the last known address of defendant, MICHAEL W ADAMS, 411 BROOK CIR, MECHANICSBURG PA 17050-4611, GORDON & WEINBERG, P,C, FREDERIC I, W PAUL M, SCHOFI , JR.,ESQUIRE Attorney for Plaintiff BY: GORDON & WEINBERG, P,C, BY: FREDERIC I, WEINBERG, ESQUIRE Identification No,: 41360 PAUL M, SCHOFIELD, JR" ESQUIRE Identification No,: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 DISCOVER CARD 2U29 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs, DOCKET NO, 063201CIVILTERM MICHAEL W ADAMS AFFIDAVIT OF NON-MILITARY SERVICE FREDERIC I, WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he represents the plaintiff in the above- entitled case; that he is authorized to make this affidavit on behalf of the plaintiff; and that the above-named defendant is over twenty- one years of age; that the address of the defendant is, 411 BROOK CIR, MECHANICSBURG PA 17050-4611; that the occupation of the defendant is unknown; and that the defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto, Sworn to and Subscribed Before me this ;?~ Day ce~~ Notary Public COMMONWEALTH OF PENNSVLVANIA NOTARIA~ SEAL CHRISTINE M. eOkON, Notary Public City of Philadelphia, Phlle. Coun!y " MvC ,. ". 2oe, SQUIRE ESQUIRE NC012129 GORDON & WEINBERG, P.C, BY: FREDERIC I, WEINBERG, Identification No.: PAUL M, SCHOFIELD, JR" Identification No,: 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 ESQUIRE 41360 ESQUIRE 81894 DISCOVER CARD 2U29 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS, DOCKET NO, 063201CIVILTERM MICHAEL W ADAMS NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA MICHAEL W ADAMS 411 BROOK CIR MECHANICSBURG PA 17050-4611 DATE OF NOTICE/FECHA DEL AVISO: July 19, 2006 IMPORTANT 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 EAR ASSOCIATION 32 S, BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P,C. BY: P10D-2 l ~ (:) ~ a ...., t c = 0 = tt -;.() 'Ll?' "" -n ~ (Ii}!:' "'"' :r!." ~ \) -:7.-" c: -<.<"......1 G) ~Mi /,.( ~ C"::l.., ~ ....... i~~ .:;- :09 ~ 0 ~ 'r!o "" ; :n i ::It; -:".;?c') ~ \' ~>c: 0 om V'\ ~ ....; U' & ~ w ~ - .... ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-03201 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER CARD 2U29 VS ADAMS MICHAEL W WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ADAMS MI CHAEL W the DEFENDANT at 2101:00 HOURS, on the 28th day of June , 2006 at 411 BROOK CIRCLE MECHANICSBURG, PA 17050-4611 by handing to MICHAEL ADAMS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 21.12 .00 10.00 .00 49.12./ 7 -JJ{ ,01; So Answers: r~~-'<~~ R. Thomas Kline day 06/29/2006 GORDON & WEINBERG 4v~;, eputy Sheriff By: ~ Sworn and Subscibed to before me this of A.D.