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HomeMy WebLinkAbout07-63422035091 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) 1825 E BUCKEYE RD PHOENIX, AZ 85034 VS. LAURETTE A DALTON 1801 LOUISA LN MECHANICSBURG PA 17050-7255 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 01 - 11.311Z oNOTICE 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 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 the Statement 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 $9,155.35. 5. Plaintiff has made demand upon the defendant for payment of the balance due of $9,155.35 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 May 19, 2006. WHEREFORE, plaintiff claims of the defendant the sum of $9,155.35 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. INB RG, ESQUIRE JOEL M. FLIN QUIRE 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. EIN G, ESQUIRE EXHIBIT "A" 41- STATE OF Georgia ) CITY OF Cobb AFFIDAVIT OF ACCOUNT BANK OF AMERICA, N.A. (USA) V. LAURETTE A DALTON COMES NOW - N icole Gunneii, and after being duly sworn before the below person authorized to administer oaths states the following: 1. 1 am over 18 years old and su' ' s- 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 $9355.35. 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 4888937992723637. 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) e0f, orn to and subscribed before me this 2007. Sw My Commission Expires: o?as/07 C,ORnOV & W'LINCiCRG. P.C. 061713399 NOTARY PUBLIC a"00c,. pETF, gNlunw o?ARk??P o EXP't'GlA ; GEGR 200?? Fla ?G BANK OF AMERICA, N • A • (USA) :,A'JR°_yTL A 7A:.- :9CI J^-ISA -N MCCP.AR:CSe:ac va 1711" 1255 ppy>1ENT PAYMENT MINIMUM ACCOUNT NUMBER BALANCE AS OF DLiE DATE PAYMENT ENCLOSED 9888937992723637 February 6, 2007 PASTDUF $9,155.35 N.ke Chick. P.Yx6k RankoUnu iw. ?.n NSAM mmetA6i TROM smy Ot ""'cA. 11. A. (11") A, N.A. (USA) IS YOUR ACCOUNT INCLUDE IN THE MIN MUM PAYMENT. THE BAST DUE AMOUNT INCLUDES THANK YOU T IMMEDIATELY. IF YOU HAVE PAST DUE AMOUNT THE ORIGINAL PRINCIPAL BF1 REMI $9,155.35.NTPLEASE ALREADY SENT A C.D -`' ril L1 - ,r r - - rrt I OV) SHERIFF'S RETURN - REGULAR CASE NO: 2007-06342 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA N A (USA) VS DALTON LAURETTE A 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 DALTON LAURETTE A the DEFENDANT , at 1852:00 HOURS, on the 8th day of November , 2007 at 1801 LOUISA LN MECHANICSBURG, PA 17050-7255 JASON VANORSDALE by handing to ADULT IN CHARGE 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 18.00 Service 11.52 Affidavit .00 Surcharge 10.00 .00 3 9 . 5 2 Sworn and Subscibed to before me this day So Answers: r R. Thomas Kline 11/13/2007 GORDON & WEINBERG By: Deputy Sheriff of A. D. IN t 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 2035091 BANK OF AMERICA, N.A. (USA) VS. LAURETTE A DALTON COURT OF COMMON PLEAS CUMBERLAND COUNTY 07- 493ga DOCKET NO. : Q-7--30&+z1 z CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $9,155.35 Costs (Complaint & Service) $178.50 Total: $9,333.85 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: BANK of AMERICA, N.A. (USA) and that the last known address of defendant, LAURETTE A DALTON, 1801 LOUISA LN, MECHANICSBURG PA 17050-7255. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of z the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. AND NOW, this 31S+ day of lac. , 2007 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $9,333.85 as per the above certification. S Q ICA r thonotary GORDON & WEINBERG, P.C. BY: FREDERIC I WEI RG, ESQUIRE JOEL M. F NK, E DIRE Attorney kor Pl ntiff LAURETTE A DALTON TO/PARA e? Z c R= 2035092 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) v9. COURT OF COMMON PLEAS CUMBERLAND COUN'T'Y DOCKET NO. : 07-3642 CIVIL TERM TICE_QF INTENTION TO TAKE 211FAULT LAURETTE A DALTON 1801 LOUISA LN MECHANICSBURG PA 17050-7255 DATE OF NOTICE/FECHA DEL AVISO: November 29, 2007 ZW29ZM 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 TARE 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: FREDER I. WEINBERG, ESQUIRE JOEL P10D-2 FUNK, ESQUIRE ._i•-i.:!g a.u kC"-`:? s'n's .. ,. .. .,. {,':?as?1?'?, 1t4"tk`W?",xe C> ? µ 2035091 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) VS. LAURETTE A DALTON COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. TERM NOTICE m- &3ya &Y----*&4-2 CIVIL 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. /XL Judgment by Default $9,333.85 ?L 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 & LL.o(,c,s K . ll,b)tlt D LA R THONOTARY /a/3//07 2035091 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. LAURETTE A DALTON DOCKET NO. : 07-6342 CIVIL TERM SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this July 9, 2008, it is suggested of record that Defendant, LAURETTE A DALTON, filed a petition in bankruptcy under Chapter 07 of the Bankruptcy Code on or about April 25, 2008, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 08-01489. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY: FREDERIC I. NBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff - ?;? c? ?? -? c..? ? _ _; ?> ? { r ? ' E..°t.i "L.