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HomeMy WebLinkAbout07-71322036467 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 CA7-70 Brea, CA 92823 VS. ELIZABETH R KITCHEN 525 BRIDGE STREET APT 1 NEW CUMBERLAND PA 17070-1931 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : OAf 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 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 $11,938.07. 5. Plaintiff has made demand upon the defendant for payment of the balance due of $11,938.07 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 14, 2005. WHEREFORE, plaintiff claims of the defendant the sum of 46 $11,938.07 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI , ESQUIRE JOEL M. FLINK, 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. EI ERG, ESQUIRE EXHIBIT "A" ? w 2054 2036467 SANK OF AMERICA, N.A., (USA) BL12ABSTH R KITCHXN 4888936996362657 FFT V T T, r sworn according to law, depose and sa • being duly served Y 'that ; 1' T am the agent and control of the Plaintiff the files relating for or th herein to this account; and 2 have custody v Personal connection with this came; knowledge of the facts and circumstances in 3. Plaintiffs files are maintained in the usual and course of business; ordinary 4• This action is based on a that damages are sought as a claim for breach of contract and direct result of said breach; 5• After allowin remains on the g for all offsets and credits 488893699636265 sub subJec account having account number the a balance amount of $11,790.19; and 6• If called upon, affiant can pertaining to this matter• testify at trial as to the facts The above facts are true and correct information and belief. to the beat of my knowledge, (Name of Affiant) n+ Sworn to and S ??2 Q ? r '? t Ot1?1?-? Subscribed pa NkN afore me this day /• Of -2007 = ; f 40tary public r J LJ ? ? X-3 a { CD ZE = CD --n ril == J i A" 100 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07132 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF AMERICA NA VS KITCHEN ELIZABETH R R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT unable to locate Her in his bailiwick. -1- T TTTT I 'KT/-', rr' -r 1, 11 LA was He therefore returns the NOT FOUND , as to the within named DEFENDANT , KITCHEN ELIZABETH R 525 BRIDGE STREET APT 1 NEW CUMBERLAND, PA 17070-1931 DEFENDANT NO LONGER LIVES AT THIS ADDRESS. PER POST OFFICE, FORWARDING ORDER HAS EXPIRED. Sheriff's Costs: Docketing 18.00 Service 17.28 Not Found 5.00 Surcharge 10.00 00 )g31/0 ? 5 So answers: vr'- r R. Thomas Kline Sheriff of Cumberland County GORDON & WEINBERG 12/18/2007 Sworn and Subscribed to before me this day of A. D.