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HomeMy WebLinkAbout07-06986 2033582 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 BANK OF AMERICA, N.A. (USA) 1825 E BUCKEYE RD PHOENIX, AZ 85034 VS. JENNIFER D GORMAN 176 RUSTIC DRIVE SHIPPENSBURG PA 17257-9460 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 0'7 - I. W e [ U l? 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 a COMPLAINT IN CIVIL-ACTION 1. At all times relevant hereto, the defendant was the holder of a credit card, which at the request of the defendant was issued to the defendant by the plaintiff under the terms of which the plaintiff agreed to extend to defendant the use of plaintiff's credit facilities. 2. Defendant 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 received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy ofan Affidavit of Account is attached hereto as Exhibit "A". 4. All the credits to which the defendant is entitled have been applied and there remains a balance due in the amount of $1,972.84. 5. Plaintiff has made demand upon the defendant for payment of the balance due of $1,972.84 but the defendant 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 April 9, 2006. WHEREFORE, plaintiff claims of the defendant the sum of $1,972.84 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. INBE G, ESQUIRE PAUL M. SCHO JR., ESQUIRE Attorney for Plaintiff P01A a 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 pleading 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.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. t!!BE , ESQUIRE EXHIBIT "A" • ?2e33;; STATE OF Georgia CITY OF Cobb } AFFIDAVIT OF ACCOUNT BANK OF AMERICA, N.A. (USA) V. J EN N 1FER D GORMAN COMES NOW, Nicole Gunnell, and afterbeing duly sworn before the below person authorized to administer oaths states the following: 1. 1 am over 18 years old and sui iuris. 2. 1 am agent for Bank of America, N.A. (USA). 3. 1 am familiar with the books and records of the Plaintiff. 4. These books and records are kept in the ordinary course of business. 5. The agreement attached hereto is true and correct. 6. The Defendant (s) owe (s) the principal sum of $1,972.84. 7. 1 know no liability insurance, bond or other security which may be available to pay this debt. 8. The Defendant (s) account number for which he owes the debt is 4800115996707725. 9. The Defendant (s) is/are not a minor nor an incompetent person. 10. Affiant has no knowledge of whether the Defendant (s) is/are on active duty in the military. 11. The Defendant ('s) is/are past due on this account and in breach of the contractual agreement to pay as agreed. ([ -ALjAh41aX Agent icol e Gunnell Bank of America, N.A. (USA) `41 Sworn to and subscribed before me this ZZ of?, 2006. My Commission Expires: -*10 2 CORDON & WETNa[RG, P.C. 061;7360 NOTARY PUBLIC O?ARj ,.,'F2 C;?g 25, 2007 ?$ CC?``\??, BANK OF AMERICA, N.A. (USA) :,ENNIFER D tIOPMAN 1'16 P.:Jo. IC DRIVE SHIPPINS5URG PA :7:57-944C ACCOUNT NUMBER 4800115996707725 BALANCE AS OF PAYMENT DUE DATE December 9, 2006 PAST DUI; MINIMUM PAYMENT PAYMENT ENCLOSED $1,972.84 $ Make Chocks PavabW to Bmkof Amerlc0.`.A (USA) Ni88AOR Twu BARB OF AmRIG, U.A. (087) YOUR ACCOUNT WITH BANK OF AMERICA, N.A. (USA) IS PAST DUE $1,972.64. THE PAST DUE AMOUNT IS INCLUDED IN THE MINIMUM PAYMENT. THE PAST DUE AMOUNT INCLUDES THE ORIGINAL PRINCIPAL BALANCE OF $1,972.84. PLEASE REMIT IMMEDIATELY. IF YOU HAVE ALREADY SENT A PAYMENT FOR THE ABOVE AMOUNT, THANK YOU. G - _, PQ '^? 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 BANK OF AMERICA, N.A. (USA) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 07-698 JENNIFER D GORMAN PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, JENNIFER D GORMAN, and assesses the damages as per statement below. FREDERIC I. WEINB G, SQUIRE PAUL M. SCHOFIELD JR. ESQUIRE Attorney for Plain f Principal $1,972.84 Interest from 4/9/06 @006 $.00 Costs (Complaint & Service) $101.10 Total: $2,073.94 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. WEI BERG, SQUIRE PAUL M. SCHOFIE ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this day of 2007 Judgment 12 C-k is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum of , $2,073.94 as per the above certification. Protho tary 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 BANK OF AMERICA, N.A. (USA) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. JENNIFER D GORMAN DOCKET NO. : 07-698 CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; BANK OF AMERICA, N.A. (USA) and that the last known address of defendant, JENNIFER D GORMAN, 176 RUSTIC DRIVE, SHIPPENSBURG PA 17257-9460. GORDON & WEINBERG, P.C. BY: FREDERIC I. W INBER ESQUIRE PAUL M. SCHOF ELD, J .,ESQUIRE Attorney for P iff • • 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 BANK OF AMERICA, N.A. (USA) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. JENNIFER D GORMAN DOCKET NO. : 07-698 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, 176 RUSTIC DRIVE, SHIPPENSBURG PA 17257-9460; 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 o 2 7. Notary Public gyLVANIA OF PENN COMMONWEALTH NOTAR{AL SEAL ta??' puL,lic M. Ca?bN, CHRISTINE Phila. County City o Philade{ph?a• iM FREDERIC I. W INBE , ESQUIRE PAUL M. SCHOFI JR. ESQUIRE Attorney for Plaintiff IN L- 2033582 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 BANK OF AMERICA, N.A. (USA) VS. JENNIFER D GORMAN TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-698 NOTICE OF INTENTION TO TAKE DEFAULT JENNIFER D GORMAN 176 RUSTIC DRIVE SHIPPENSBURG PA 17257-9460 DATE OF NOTICE/FECHA DEL AVISO: February 28, 2007 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 BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERIC I WEI ERG, ESQUIRE PAUL M. SC D, JR., ESQUIRE P10D-2 l`, r ? J try `. c7p Is ?^• j ? - _ "" ?'' i it . . -% 2033582 4 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 BANK OF AMERICA, N.A. (USA) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. : 07-698 JENNIFER D GORMAN 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 $2,073.94. 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. EINB G, ESQUIRE PAUL M. SCHO ELD JR.,ESQUIRE Attorney for Plaintiff Dated: March 13, 2007 SHERIFF'S RETURN - REGULAR CASE NO: 2007-00698 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA N A VS GORMAN JENNIFER D MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE GORMAN JENNIFER D was served upon the DEFENDANT at 1330:00 HOURS, on the 7th day of February 2007 at 176 RUSTIC DRIVE SHIPPENSBURG, PA 17257-9460 JENNIFER GORMAN by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 17.60 Affidavit .00 Surcharge 10.00 R. Thomas Kline '- .00 45.60 ? 02/08/2007 Q? GORDON & WEINBERG Sworn and Subscibed to ? By: before me this day Deputy S eri f of A. D.