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Home My WebLink About07-6071 2034581 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 BANK OF AMERICA, N.A. (USA) 275 S. VALENCIA AVE BREA, CA 92823 VS. JOSHUA 0 HOLBROOK 1136 DRY POWDER CIR MECHANICSBURG PA 17050-7330 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : bq , to m ONi ( -Tern 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 . COMPLAINT IN CIVIL-ACTION 1. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 2. Defendant(s) 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 (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 true and correct copy of the Statement of Account is attached hereto as Exhibit "A". 4. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due in the amount of $7,388.62. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $7,388.62 but the defendant(s)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 2/28/06. WHEREFORE, plaintiff claims of the defendant(s) the sum of $7,388.62 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W ERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) 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. 111?? FREDERIC I. WE G, ESQUIRE EXHIBIT "A" ?o S'I STATE OF Georgia ) COUNTY OF Cobb ) AFFIDAVIT OF ACCOUNT BANK OF AMERICA, N.A. (USA) V. JOSHUA 0 HOLBROOK COMES NOW, Nicole Gunnell, and after being duly sworn before the below person authorized to administer oaths states the following: 1. I am over 18 years old and sui iuris. 2. I am agent for Bank of America, N.A. (USA). 3. I 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 $6,624.30. 7. The Defendant (s) owe (s) past due interest of $764.32 through October 4, 2006. 8. I know no liability insurance, bond or other security which may be available to pay this debt. 9. The Defendant (s) account number for which he owes the debt is 4888936991167150. 10. The Defendant (s) is/are not a minor nor an incompetent person. 11. Affiant has no knowledge of whether the Defendant (s) is/are on active duty in the military. 12. The Defendant (s) is/are past due on this account and in breach of the contractual agreement to pay as agreed. I Lg?d- n ?.?p gent icole Gunnell ink of erica, N.A. (USA) Sworn to and subscribed before me this of 2007. NO PUBLIC GO Commission ExpireskY n+??c V7A3? GORDON & WEINBERG, P.C. ? I UU I v \\,\\1\11111U11/,//?/'/i 06140312 \\\ QP1 J. EXPIRES GEORGIA JUNE 12, 2009 roti n N C:=? Q Tl l Ca 'T CT) O Cil rJ LTA D cn 2034581 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 BANK OF AMERICA, N.A. (USA) 275 S. VALENCIA AVE BREA, CA 92823 VS. JOSHUA O HOLBROOK 9 CAMPBELL PL CAMP HILL PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-6071 CIVIL TERM 1MGMENT BY AGREEMENT AND NOW, this 7w day of 2007, it is hereby stipulated and agreed to by and between, JOSHUA O HOLBROOK his/her successors and assigns and Frederic I. Weinberg, Esquire, counsel for BANK OF AMERICA, N.A. (USA) that the Court enter a determination in the above-captioned case as follows: 1. Judgment shall be entered in the amount of Seven Thousand Five Hundred Five Sixty Eight ($7,505.68) in favor of BANK OF AMERICA, N.A. (USA) and against, JOSHUA O HOLBROOK his/her successors and assigns; 2. Plaintiff, BANK OF AMERICA, N.A. (USA), will agree to ? 4L accept the sum of $150.00 per month from, JOSHUA O HOLBROOK his/her successors and assigns. The first payment of $150.00 per month shall become due and payable on November 2,2007 and then on the 15th of every month thereafter until the Stipulated Judgment is paid in full; 3. In the event that JOSHUA O HOLBROOK his/her successors and assigns do not make payments as prescribed in paragraph 2, they will be considered in default and the Plaintiff, BANK OF AMERICA, N.A. (USA) shall be allowed to exercise any and all remedies available at law. 4. The Parties to this action have authorized their respective counsel and agent to enter into this agreement on their behalf and by doing so this agreement will be binding on both that JOSHUA O HOLBROOK his/her successors and assigns and, BANK OF AMERICA, N.A. (USA) its sup?essors and assigns. Date: JOS UA 0LBROOK D enda t Date: (g FREDERIC I. INBER Esquire Attorney for ai if I.D. ##41360 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 -b- D f T 3 -f. A 2034581 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 BANK OF AMERICA, N.A. (USA) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. JOSHUA O HOLBROOK DOCKET NO. : 07-6071 CIVIL TERM NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. /X/ Judgment by Agreement $7,505.68 Money Judgment $ Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 orm &,I 5 OTHONOTARY /o21r1107 r SHERIFF'S RETURN - REGULAR CASE NO: 2007-06071 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NA VS HOLBROOK JOSHUA 0 SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOLBROOK JOSHUA 0 DEFENDANT the at 1612:00 HOURS, on the 18th day of October , 2007 at 1136 DRY POWDER CIRCLE MECHANICSBURG, PA 17050 by handing to MARGARET NOLAN, ADULT IN CHARGE 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 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 i a? 0't / 38 56 k . Sworn and Subscibed to before me this day of , So Answers: z R. Thomas Kline 10/19/2007 GORDON & WEINBERG BY: \ j ?? _ Deputy Sherif A. D.