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Home My WebLink About07-0700 2033571 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. DARINDA DORWARD 505 S 3RD ST # A LEMOYNE PA 17043-2005 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : CY7 '766 C, Iv't L -F" 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 1 -111 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 $18,332.02. 5. Plaintiff has made demand upon the defendant for payment of the balance due of $18,332.02 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 he sum of $18,332.02 plus applicable costs, interest and attorneys fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EI ERG, ESQUIRE PAUL M. SCH LD, 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 I. W INBE ESQUIRE EXHIBIT "A" STATE OF Georgia ) CITY OF Cobb AFFIDAVIT OF ACCOUNT BANK OF AMERICA, N.A. (USA) V. DARINDA DORWARD 6,3357/ 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). 1 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 $18,332.02. 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 4888936995439522. 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. cole Gunnell 'Agent Bank of America, N.A. (USA) Sworn to and subscribed before me this ZZ of 2006. My Commission Expires: o l'?51a CCfRDON cC WETNBERr. P.C. 06117441 NOTARY PUBLIC 1p1UIIlrilrllr °<s P.,A,...... 4= EXPIRES G1-.OR 1A _- FEB.25 ?. C `. erBiICO\? 4L OAR:NDA WRNARD 5Cy S 3RD o 4 A LEMOYNE PA 17143-2J05 ACCOUNT NUMBER 4688936995439522 BANK OF AMERICA, N.A. (USA) BALANCE AS OF PAYMENT DUE DATE December 9, 2006 PAST DUI: MINIMUM PAYMENT PAYMENT ENCLOSED $18,332.02 $ Make Checks PsyaNe t*Rsnk ofMUrica. X A (USA) NRBiAOD noK Rux 0ir mmzr-%. P.A. (USA) YOUR ACCOUNT WITH BANK OF AMERICA, N.A. (USA) IS PAST DUE $18,332.02. THE PAST DUE AMOUNT IS INCLUDED IN THE MINIMUM PAYMENT. THE PAST DUE AMOUNT INCLUDES THE ORIGINAL PRINCIPAL BALANCE OF $18,332.02. PLEASE REMIT IMMEDIATELY. IF YOU HAVE ALREADY SENT A PAYMENT FOR THE ABOVE AMOUNT, THANK YOU. e7 6? --? --C 7 ?t»r C..G d G"? r- -? 1 - } J - ?1 -G SHERIFF'S RETURN - REGULAR CASE NO: 2007-00700 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA N A VS DORWARD DARINDA 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 DARINDA the DEFENDANT , at 1807:00 HOURS, on the 7th day of February-, 2007 at 505 3 3RD STREET 4A LEMOYNE, PA 17043-2005 by handing to DARINDA DORWARD 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 14.0 Affidavit .00 0 Surcharge 10.00 R. Thomas Kline .00 42.08V 02/08/2007 X5,01 GORDON & WEINBERG a" 00 Sworn and Subscibed to By: before me this day Deputy She off of A.D. 2033571 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 BANK OF AMERICA, N.A. (USA) COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. DARINDA DORWARD DOCKET NO. : 07-700 SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this October 6, 2009, it is suggested of record that Defendant, DARINDA DORWARD, filed a petition in bankruptcy under Chapter 13 of the Bankruptcy Code on or about March 9, 2007, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 07-00698. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. Z--7' BY: FREDERIC I. EI RG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff FILED-0, i uL THE 7ARY 2099 OCT 14 AN 8: 33 it ?tiJ David 1D. Bueff Prothonotary KirkS. Sohonage, ESQ Soficitor F C., 0 7750 Renee K. Simpson 1" Deputy Prothonotary Irene E. Morrow 2" DDeputy (Prothonotary Office of the Prothonotary C'umberfand County, Pennsy(vania Sl I - 00 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, 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 0 Suite 100 • Carlisle, P,4 17013 • (717 240-6195 0 Fax (717) 240-6573