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HomeMy WebLinkAbout07-06994 2033569 THIS IS AN ARBITRATION MATTER. 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 ASSESSMENT OF BANK OF AMERICA, N.A. (USA) 1825 E BUCKEYE RD PHOENIX, AZ 85034 VS. MARK G DORWARD 505 S 3RD STREET LEMOYNE PA 17043-2005 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 01 - b9 l Cui 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 C 46 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 of an 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 $19,622.29. 5. Plaintiff has made demand upon the defendant for payment of the balance due of $19,622.29 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 January 27, 2006. WHEREFORE, plaintiff claims of the defendant the sum of • 4 $19,622.29 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC . W INBERG, ESQUIRE PAUL M. S O ELD, JR., ESQUIRE Attorney for Plaintiff P01A 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 . W BERG, ESQUIRE EXHIBIT "A" ..0 33 e? STATE OF Georgia ) CITY OF Cobb ) BANK OF AMERICA, N.A. (USA) V, MARK G DORWARD AFFIDAVIT OF ACCOUNT COMES NOW, Nicole Gunnell, and after being duly sworn before the below person authorized to administer oaths states the following: 1. 1 am over 18 years old and sui juris. 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 $19,622.29. 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 4888930998302282. 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. Agent Nicole Gunnell Bank of America, N.A. (USA) Sworn to and subscribed before me this Ll of ?, 2006. ?????11111111I rlJlll NOTARY PUBLIC 01"' PErF My Commission Expires: Q? ?? qRs CORDON &: WEINBERG, P.C. 0611620; - O= :YPIRE t? = - FE 25, 2C07 = - 1L, ' ? Jg ?1 'Mill 11%00 MARK G DORMARD 8(l5 S 3J;0 ST LEMn1:dE 7A :7043 -10CS ACCOUNT NUMBER 4888930998302282 BANK OF AMERICA, N.A. (USA) BALANCE AS OF PAYMENT DUE DATE December 9, 2006 PAST I)LIE MINIMUM PAYMENT PAYMENT ENCLOSED $19,622.29 $ Make Checks Payable to Tank of Anurica NA IUSA) wassAO1 DAo{ SMIX or ANSAICA, P.A. (USA) YOUR ACCOUNT WITH BANK OF AMERICA, N.A. (USA) IS PAST DUE $19,622.29. THE PAST DUE AMOUNT IS INCLUDED IN THE MINIMUM PAYMENT. THE PAST DUE AMOUNT INCLUDES THE ORIGINAL PRINCIPAL BALANCE OF $19,622.29. PLEASE REMIT IMMEDIATELY. IF YOU HAVE ALREADY SENT A PAYMENT FOR THE ABOVE AMOUNT, THANK YOU. r A 0 F -? YC 1 ?1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-00699 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA N A VS DORWARD MARK G GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DORWARD MARK G the DEFENDANT , at 1807:00 HOURS, on the 7th day of February , 2007 at 505 S 3RD STREET # A LEMOYNE, PA 17043-2005 DARINDA DORWARD 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: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 14.08 10.00 R. Thomas Kline .00 42.08/ 02/08/2007 a_?Q GORDON & WEIN13ERG By: day Deputy Sh ff A.D.