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HomeMy WebLinkAbout08-3330COMPLAINT 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 an Affidavit 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 $2,773.92. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,773.92 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 May 14, 2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,773.92 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC WE BERG, ESQUIRE JOEL M. FL , ESQUIRE Attorney for Plaintiff P01A 2044754 FIA CARD SERVICE, N.A. f/k/a BANK OF AMERICA, N.A. VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 1S Pa.C.S. 54904 which provides for certain penalties for making false statements. Name EXHIBIT "A" 2054 2044754 FIA CARD SERVICE, N.A. f/k/a BANK OF AMERICA, N.A. BRANDI E LECRONE 4888934999482473 AFFIDAVIT I, ` Lft(3m , being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in _ connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; s? 5. After allowing for all offsets and credits, a balance remains on the subject account having account number 4888934999482473in the amount of $2,773.92; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. V? n J k (Name of Affiant) s? Sworn to and Subscribed a before me this o O day e? of 2008 Notary Public \.? g. PE7'F'''•% \\\ ? 4,14, IIIIIIIIINry?R?''?I Q EXPIRES A I2 GEORGI __ FEg.25,2051 AFL` `; C4 -x Ul O L D f \r •ti 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-03330 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIA CARD SERVICE NA VS LECRONE BRANDI E KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LECRONE BRANDI E the DEFENDANT , at 0021:00 HOURS, on the 2nd day of June 2008 at 6334 STEPHENS CROSSING MECHANICSBURG, PA 17050 by handing to BRANDI LECRONE DEFENDANT 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 12.00 Affidavit .00 Surcharge 10.00 .00 6/6 9/0;- 40.00 Sworn and Subscibed to before me this day So Answers: 0or R. Thomas Kline 06/03/2008 GORDON & WEINBERG By: of A. D. Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 - telephone (717) 540-5481 - facsimile cboyanowski@,ssbc-law.com FIA CARD SERVICE, N.A. f/k/a BANK OF AMERICA, N.A. 275 S. VALENCIA AVE. BREA, CA 92823, Plaintiff VS. BRANDI E. LECRONE 90816 TH ST NEW CUMBERLAND, PA 17070-1518, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3330 CIVIL TERM NOTICE TO PLEAD To: FIA Card Service, N.A. f/k/a Bank of America, N.A. c/o Frederic I. Weinberg, Esquire Joel M. Flink, Esquire GORDON & WEINBERG, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 You are hereby notified to file a written response to the enclosed Preliminary Objections to Plaintiff's Complaint in Civil Action within twenty (20) days from service hereof or a judgment may be entered against you. spectfully submitted, Cara A. Boyanowski, Esquire Attorney ID No. 68736 SERRATELLI, SCHIFFMAN, BROWN & CALHOON 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Date: Li - `(Z- g-Me Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 - telephone (717) 540-5481 - facsimile cboyanowski asssbc-law.com FIA CARD SERVICE, N.A. f/Wa BANK OF AMERICA, N.A. 275 S. VALENCIA AVE. BREA, CA 92823, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3330 CIVIL TERM BRANDI E. LECRONE 90816 TH ST NEW CUMBERLAND, PA 17070-1518, Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT IN CIVIL ACTION AND NOW comes Defendant, Brandi E. LeCrone (hereinafter referred to as "Defendant"), by and through her counsel, Cara A. Boyanowski, Esquire, and files her Preliminary Objections to Plaintiff's, FIA Card Service, N.A. f/k/a Bank of America, N.A. (hereinafter referred to as "Plaintiff') Complaint in Civil-Action, and in support thereof avers as follows: PRELIMINARY OBJECTION - INSUFFICIENT SPECIFICITY IN PLEADING Pa. R.Civ. P. 1028(a)(3) Plaintiff's Complaint in Civil-Action attempts to state a claim for breach of contract arising out of Defendant's alleged failure to pay the balance due on a credit card issued to her by Plaintiff. 2. Plaintiff further alleges that as a result of Defendant's breach of contract, Plaintiff is entitled to receive the alleged balance due, plus applicable costs, interest, and attorney fees. A review of paragraphs 1 through 6 of Plaintiff's Complaint in Civil-Action reveals that there is no information provided that explains the reason why Plaintiff should receive applicable costs, interest, and attorney fees, in addition to the alleged payment due. 4. Without the benefit of a more specific pleading, Defendant is unable to respond to the claim that Plaintiff is entitled to receive applicable costs, interest, and attorney fees, in addition to the alleged payment due, and would be prejudiced if she were required to do so in the absence of more specific factual allegations which would support Plaintiff's claim and prayer for relief. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint in Civil - Action with prejudice, and further award Defendant all such other relief as is proper and just, including but not limited to reasonable counsel fees and costs. Alternatively, Defendant respectfully requests that this Honorable Court direct Plaintiff to file a more specific Complaint. PRELIMINARY OBJECTION - FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT Pa.R.Civ.P. 1028(a)(2) 5. The averments set forth in paragraphs 1 through 4 are incorporated by reference as if more fully set forth at length herein. 6. Plaintiff alleges that "at all times relevant hereto, 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 sue of plaintiff s credit facilities." See Complaint at paragraph 1. 7. Plaintiff further alleges that "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." See Complaint at paragraph 2. A review of Plaintiff s Complaint in Civil-Action reveals that Plaintiff has failed to attach the written agreement upon which its breach of contract claim is based. 9. The Rules of Civil Procedure provide that when any claim ... is based upon an agreement, the pleading shall state specifically if the agreement is oral or written. Pa. R.Civ.P. 1019(h). 10. A review of paragraphs 1 through 6 of Plaintiff s Complaint in Civil-Action reveals that there is no statement concerning whether the alleged agreement for the use of the credit card was oral or written. 11. The Rules of Civil Procedure provide that when any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient to so state, together with the reason, and to set forth the substance in writing. Pa.R.Civ.P. 1019(i). 12. A review of paragraphs 1 through 6 of Plaintiff's Complaint in Civil-Action reveals that Plaintiff has failed to attach a copy of the Agreement between Defendant and FIA Card Service, N.A., f/k/a Bank of America, N.A concerning the terms and use of the credit card. 13. Plaintiff's Complaint in Civil-Action fails to conform to law or rule of Court. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint in Civil-Action with prejudice, and further award Defendant all such other relief as is proper and just, including but not limited to reasonable counsel fees and costs. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON ()Odaabm" Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant VERIFICATION Upon my personal knowledge, information and belief, I, Brandi E. LeCrone, do hereby verify that the facts averred and statements made in the foregoing Preliminary Objections document are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating b Date: LI -;to -'O$ By CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, do hereby certify that on the i?_'Dc?. day of 2008, I caused a true and correct copy of the within Preliminary Objections document to Plaintiff's Complaint In Civil-Action be served upon the following counsel of record by depositing same in first class, United States mail, postage paid, from Harrisburg, Pennsylvania: Frederic I. Weinberg, Esquire Joel M. Flink, Esquire GORDON & WEINBERG, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 SERRATELLI SCHIFFMAN BROWN & CALHOON Ono, Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant i.' r 'TI Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 171 10 (717) 540-9170 -- telephone (717) 540-5481 - facsimile cboyanowskiL&ssbc-law.com FIA CARD SERVICE, N.A. f/k/a BANK OF AMERICA, N.A. 275 S. VALENCIA AVE. BREA, CA 92823, Plaintiff VS. BRANDI E. LECRONE 90816 TH ST NEW CUMBERLAND, PA 17070-1518, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3330 CIVIL TERM NOTICE TO PLEAD To: FIA Card Service, N.A. f/k/a Bank of America, N.A. c/o Frederic I. Weinberg, Esquire Joel M. Flink, Esquire GORDON & WEINBERG, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 You are hereby notified to file a written response to the enclosed Preliminary Objections to Plaintiff s Complaint in Civil Action within twenty (20) days from service hereof or a judgment may be entered against you. Aspectfully submitted, I f"AJISW Cara A. Boyanowski, Esquire Attorney ID No. 68736 SERRATELLI, SCHIFFMAN, BROWN & CALHOON 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Date: V - ko-Raos Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 - telephone (717) 540-5481 - facsimile ch yanowskinssbc _law,coni FIA CARD SERVICE, N.A. f/k/a BANK OF AMERICA, N.A. 275 S. VALENCIA AVE. BREA, CA 92823, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3330 CIVIL TERM . BRANDI E. LECRONE 90816 TH ST NEW CUMBERLAND, PA 17070-1518, Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT IN CIVIL ACTION AND NOW comes Defendant, Brandi E. LeCrone (hereinafter referred to as "Defendant"), by and through her counsel, Cara A. Boyanowski, Esquire, and files her Preliminary Objections to Plaintiff's, FIA Card Service, N.A. f/k/a Bank of America, N.A. (hereinafter referred to as "Plaintiff') Complaint in Civil-Action, and in support thereof avers as follows: PRELIMINARY OBJECTION - INSUFFICIENT SPECIFICITY IN PLEADING Pa. R.Civ. P. 1028(a)(3) Plaintiff's Complaint in Civil-Action attempts to state a claim for breach of contract arising out of Defendant's alleged failure to pay the balance due on a credit card issued to her by Plaintiff. 2. Plaintiff further alleges that as a result of Defendant's breach of contract, Plaintiff is entitled to receive the alleged balance due, plus applicable costs, interest, and attorney fees. I A review of paragraphs 1 through 6 of Plaintiff s Complaint in Civil-Action reveals that there is no information provided that explains the reason why Plaintiff should receive applicable costs, interest, and attorney fees, in addition to the alleged payment due. 4. Without the benefit of a more specific pleading, Defendant is unable to respond to the claim that Plaintiff is entitled to receive applicable costs, interest, and attorney fees, in addition to the alleged payment due, and would be prejudiced if she were required to do so in the absence of more specific factual allegations which would support Plaintiff s claim and prayer for relief. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs Complaint in Civil - Action with prejudice, and further award Defendant all such other relief as is proper and just, including but not limited to reasonable counsel fees and costs. Alternatively, Defendant respectfully requests that this Honorable Court direct Plaintiff to file a more specific Complaint. PRELIMINARY OBJECTION - FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT Pa.R.Civ.P. 1028(a)(2) 5. The averments set forth in paragraphs 1 through 4 are incorporated by reference as if more fully set forth at length herein. 6. Plaintiff alleges that "at all times relevant hereto, 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 sue of plaintiff s credit facilities." See Complaint at paragraph 1. 7. Plaintiff further alleges that "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." See Complaint at paragraph 2. A review of Plaintiff's Complaint in Civil-Action reveals that Plaintiff has failed to attach the written agreement upon which its breach of contract claim is based. 9. The Rules of Civil Procedure provide that when any claim ...is based upon an agreement, the pleading shall state specifically if the agreement is oral or written. Pa. R.Civ.P. 1019(h). 10. A review of paragraphs 1 through 6 of Plaintiff's Complaint in Civil-Action reveals that there is no statement concerning whether the alleged agreement for the use of the credit card was oral or written. 11. The Rules of Civil Procedure provide that when any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient to so state, together with the reason, and to set forth the substance in writing. Pa.R.Civ.P. 1019(i). 12. A review of paragraphs 1 through 6 of Plaintiff s Complaint in Civil-Action reveals that Plaintiff has failed to attach a copy of the Agreement between Defendant and FIA Card Service, N.A., f/k/a Bank of America, N.A concerning the terms and use of the credit card. 13. Plaintiff s Complaint in Civil-Action fails to conform to law or rule of Court. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs Complaint in Civil-Action with prejudice, and further award Defendant all such other relief as is proper and just, including but not limited to reasonable counsel fees and costs. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant VERIFICATION Upon my personal knowledge, information and belief, I, Brandi E. LeCrone, do hereby verify that the facts averred and statements made in the foregoing Preliminary Objections document are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 1.8 Pa.C.S.A. §4904 relating tc Date: L J - _©$ By CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, do hereby certify that on the itN day of QWUI 1 2008, I caused a true and correct copy of the within Preliminary Objections document to Plaintiff's Complaint In Civil-Action be served upon the following counsel of record by depositing same in first class, United States mail, postage paid, from Harrisburg, Pennsylvania: Frederic I. Weinberg, Esquire Joel M. Flink, Esquire GORDON & WEINBERG, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 SERRATELLI SCHIFFMAN BROWN & CALHOON Oama&qw!QO4?4 Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant 2044754 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 FIA CARD SERVICE, N.A. f/k/a BANK OF AMERICA, N.A. 275 S. VALENCIA AVE. BREA, CA. 92823 Vs. BRANDI E LECRONE 908 16TH ST NEW CUMBERLAND PA 17070-1518 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-3330 CIVIL TERM 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 AMENDED COMPLAINT PURSUANT TO Pa.R.C.P. 1028(c)(1) 1. Plaintiff is a debt buyer and successor in interest to the original creditor as set forth in the caption of this Complaint. 2. 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. 3. 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. 4. 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. 5. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due in the amount of $2,773.92. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,773.92 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 7. The documents upon which this claim is based are attached hereto as Exhibit "A". WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,773.92, together with costs and attorney fees. GORDON & WEINBERG, P.C. BY: FRED IC l e-WEINBERG, ESQUIRE JOE M. FLINK, ESQUIRE At rney for Plaintiff P307 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. Section 4904, the undersigned verifies that: (1) he is attorney of record for the party indicated in the annexed pleading; (2) which party is located outside the jurisdiction of this court; (3) he is authorized to take this affidavit on said party's behalf; (4) the exigency of filing this pleading today is such that there is a likelihood of inadequate time to serve said party's own verification without the accrual of prejudice; (5) the facts set forth in the annexed pleading are true and correct to the best of his information and belief; (6) the source of said information and belief is his said client. MIX Flink, Esquire Attorney for Plaintiff CERTIFICATION OF SERVICE I, JOEL M> FLINK, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Amended Complaint Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. JOEL FaNht', ESQUIRE Dated: 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 FIA CARD SERVICE, N.A. f/k/a BANK OF AMERICA, N.A. s VS. BRANDI E LECRONE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-3330 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA . COUNTY OF PHILADELPHIA ss JOEL M. FLINK, ESQUIRE, being duly sworn according to law, deposes and says that on , he mailed a copy of the Amended Complaint, in the above-captioned matter to the defendant's counsel, Cara A. Boyanowski by regular mail. Attached hereto, made part hereof, and marked Exhibit "A" is a true and correct copy of the letter enclosing the Amended Complaint. I further state that the facts set forth herein are true and correct to the best of my knowledge, information and belief. GORDON & WEINBERG, P.C. BY: (?Vi= FRED IC I. WEINBERG, ESQUIRE JO M. FLINK, ESQUIRE A orney for Plaintiff Sworn to and subscribed before me this day of , 2008. Notary Public EXHIBIT "A" 2054 2044754 PIA CARD SERVICE, N.A. f/k/a BANK OF AMERICA, N.A. BRANDI Z LECRONE W 4888934999482473 PF ID&V_IT i I, being duly served sworn according to law, depose and nay that; 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. After allowing for all offsets and credits, a balance remains on the subject account having account number 4888934999482473in the amount of $2,773.92; and 6. if called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the beat of my knowledge, information and belief. (Name of Affiant) Sworn to and Subscribed before me this 0 ?0 day ?e of 1t 2008 Notary Public 0 EXPIRES I GEORGIA I fEa. 25, 20t, • `T •M.aun11NN . Banka#? 74W IMPMM-IIT I!d'1 OR OF C11AMM 04 T111IrAi Bank of Amerba Corpmoon and MBNA Corporation are pk wso 10 atnounoe our merger. in bringing the orgMzabons together, we are cneatfnp a ova card bw* that will pvMe our clfetoom wRh a greater range or finandal SOIUW s troop ever leskm We are consolde&V our = 0 cars program Into one bash: FIA Card Services, N.A. AS a FSUd, bGglnMV odaber 18, 2006 (fine'Emetin Date, your mm otAmerlca orsdit card account will be issued and adm9deiered by FIA Card Services, N.A. This docurnerd, together with the Suppleaterd To The Nodoe Of Change In Terms on the ernclosed slMerrrent, Is your new OCWR Card Aareemerd' and replaces In whole, on the Effecttm Dale, your exlsthg Cardholder Agreement and will apply to al new and oulstandkV batenoes. Meese read theme documents careluly and retain them for your records. Except for Sacbm 12 and Section 13. all of ft charges below 1tfl apply to your account as of the first day of your tAMV cycle that lrnduclsm the BW Me Ode. Sedlons 12 and 13 will apply to your accoant as of the EfFsctWe Dale. As a part of the transltlon, we rvlll be re*Wturirq your a= wt ba1mves Into tour bahm categorles (as newly defined by your Cmullt Card AWse nerlt): Category A, for Cha* Cast, Adwinces and Sdaince Trarnslem; Cdegory B, for Bank and ATM Cash Advances; Category C for Purchases; and Category D for Other Batarow. in 9we cases we will oonsoidate adding balances Into a Arge batarxne category. YVheti we do so, we YA honor, or knwer, the eo WMV AnmxM Percentage Raba, Incttrdrig any sAmIll promo fa * rates or default rates that may be avelable on Ibis aooonxnt. CRWI T "IOI AMMM=lT We rawarss the rIgM to hangs the tervne of this Agme -ent at any tines, as is llm desoribnd In the fot Bird and lAhr lilsp Ame Me Apponent 1. YOUR COWRACT WITH US Your Agreement with us consists of this Credit Card Agreement and any dnsrtpes we mdse to R Imm time to time. The terms of this Agreerinent apply to you fi arty of you Mood for and wale granted an account, used the account, male tad the account, WKVQr otherWiee aeoWW to aracourk You agree to the temps and oondIllone oil tMs Agreement. M-01125 ¦Mk of AnruI , Mat- NMJ 0 2M Hook of Amwux 2.d xdj 13rV3Sa1 dH WUSSs8 8002 S2 unr Z WOMB WED OFTEN Mil THIS AGRE=Bff AOMS Chad," means as 800ese Check, WO WOVIC to you to make a Cheek Cash Advance an your a0oDunt. 'Agmemew or r+ 4*0 Cart AWesrrner C mews this dbcssmart wddpwN chimes we nW* b lhls dcowerd km Itnte to tine. rNP f nrAwo the tp Ansvial Percentage TRe APR corresponds to Ile Daily Perlodlc Pale ('DPPat& R') which Is oa wWW by dMding the WffoWMCNnp APR by 965. "Card" means all the swift cards we Now to you and b any omen person with authWatlon for use on this aacount W suartt to flits Agreement. TA*h Advance" means the use di your awou nt br a loan obtained: (1) at art n4arnsled teller nnaW* ('ATM clash Ackance-); (2) by it VoWer of funds httlaW by us as your request ("Balanoe Transfer"); M) at any hr>anofatl ktsttf Mon (a.p, to obtain cash, rnorney arders, or UBNO $ oheft). v Ckx*q OMerdrM trtcr*aati M if cross alt tle for ana priperly esnoNe?d b an ovardrM ppft tlon prtgw, , at any non kwinclal ktaMkOm (to obtain cash), or U any payumd you metre to us test Is retuned to us unpaid for any reason. Nwkjd s the related tirtartce drapes ('Bad, Cur Advenael; (a) by an sooess check you slop as drawer (%Meek cash Advanoer). 'Cash Ads arW IrO xtes Trarteaclion Fees and adjudmerrts ?assodaW with cry Cash ApOvmce. N?GMW .1W rr? the Aril which May be applied w1ithout hither notice to your account In certain instances of your default, as described In the section tided, DAuft PMcing. 'FOrelpn Tra>saoW means any transaction made in a Wrew y prole v, for example, onwe f uWhiaes from brow nt s). -Graoe PWl17R' means the pertoa ol time dttrkp a MV cycle when you will not accrue Periodic Rate Fklanoe Cherpes on ceftin barrsadWs or bounces, New Balta'm ToW means one total billed amount as of the Ctosknp gate of a MV cycle, as shown on your m *Oy 9401srNu t. To deteMro the New B8Imm Total, we start with the told balance at the MVh tp of the b1kV oyale, which Is the T" Moos Bolonoe.' Then we subtract palSnse b and oreM. Tires we add Cash Advances, Pwavoss and fRnarroe O arges. "Pay in Fur or ORM in Full' means paymer is ana credits in a t Mrsp cycle iotWg at least your pravlous tdllbV vfdit New Balance Total. In p meral, Pay in Full must be made by tv Payment Due Doe In order to yet a Grace Period. e -d XUA 13rN3SUI dH WUSS : B 900a Se unr ?,.---r.?-- to 440640 Good va lw to Cod 09 js? :V. vow" t11 b" ? ?p? a ?in? nw*h •?? ?"a v?p1A3 aon+ 4100, a? a o on A ispow-G. 300 •. Wwoo tram i"Ooodw IM VAG as .? P-goo *WIS ad mw 01110 ma So w".-'?'. old .vw .,a owcoo l ?` '? W COD. aim two to wpo OW ..e W and FW, WOW-*! too 9w in ''gyp u ? o ya`'n` room arow in I0 IV WIM two „ towwo la . 008 wa Poo saw -,.4"d irarlt* 00 Ct Coo M"00" addowso In am,* as av4," a_ 001W podwoo + ? aria cosell°v 0 . cow "move NOW-40 so lop" vow- foo gift "ta?`pr ho IM sne wuss : s so oz sZ A9:1 Ilrb3sq, a" *-d 4. ANNUAL PEFICENTAGE RATES Bare Suppi1onaentTo Tho Aiotioe Of Chenue InTerms on the I ran - -011@11 m t. 5. DlIWULT PRICING Uew OuppteereMTo The Nodw Of Change InTerrns on the ?naloawd sielemmunt. 6. CA, CULATON OF PERIODIC RA1f PIN WI CE CHARGES We oe miNe Pm I- Rats Fhanoe Charges for each balance category by mull Wn0 lb Balance Subject lo Finance Charge by the applicable DPR and thatt remit by the number Od days In the billing cycle. 7. DILLNIG CYCLE Pair bIWV Cycie ends each, month on a Closing Date d6'Wn*md by us. Each llifllrg cycle begins on the day alter the Closing Dade of the p wimm billing cycle. Each monthly sWement rreilects o single bWng cycle. S. WHEN PE lODIC RATE FINANCE CHARM BEGIN TO ACCRUE Each new Catagory A and Cabapry? 6 Cash Advance bed to aoaue Ped0b Fete Finance Charges on its tramarflon data Category A and Category 8 balances rwu h ft fmm pravlous bOV cycles accrue Periodic Flats Fkmnoe Charges from the 2W day of the billing cycle. The t onsecaion date for Check Cash Advances and Balance Transfers made by check Is the date the dock Is first deposited or cashed. The transaction date for a mkwned payment (a Bank Cash Advance) Is the date that trine corresponding payment posted to your account. Unless vA))90 to a Graw Perbd, each new Category C PurrJhase and each now Category D ONher Balance boons to am= Pr9rb!!a Flab Finance Chhanges on ft bionsaoion date or the ifrat day of the bMV cycl% whlchem date is later UrOW suW b a Grace Pentad, Cadaipay C balances and s wing cyolea aoa Perbde Bade Finance Charges ftm the tUst r of the billing cycle. When Wile". Pertadic Rate Finance Changes accrue dally and Compound daily on row balances, and balances remaining from prevlcus balling cycles, In each balance cdegohy. Periodic Rate Firha m Charges val Continue to aoome even Ibough you have paid the RA amount of any related balances in a balance category because we i<wkm arty socnhed but unpaid finance charges In the caloukoon of the Balance StAeot to Finance Charge. Your Parr Due D61e will be at least 20 days from your sfalemert Closing Deb. !. GRACE PEfIhOQ awe Suppienrerrt To Tire im p, 010h -g e In Tense an tthe Mdosed aWArwrent for complub twim S-01 Xdd 13r83SUI dH WUSS:B 8002 Sa unr IQ CAt?iLATiOIi OF RALANCES WJBJECT TO FINANCE Categories A and B - Average Balance Method (I•rrdW" new Cash Ad,ow) We cedocilele sepwale Beloric a Subject to Finance Charge tar Calepory A balances mid Category a balwxw. VYe calculate the Balance Subject to Finance Charge for each of these bWWM aalsgolba by: (1) calm AMV a delay balance for each- day its the ourrM* balkp cycle; (2) oskMla V a deny balance for each day pror to the caXWV bNW4 oyde that had a Tre4yW Cash Admnoe" balanos (a Pm-C:yde Cash AdM= Is a Cash Advance with a fiansadbn date prior to the ouraent bftV. cycle but wNh a pofft date WNW the cunWd tag cycle); (3j addng al the dally befanoas together; ane (4) AcAdlrp the sum of the defy bdanoes by the number of days In the ascent billing cycle. To calcuW9 the dally balance for each day in the ccrmt blling , we We the beglmkV balance, add an amount equal to the applicable OaAy Periodic Rate rrccJlt?lled by the prevlocs day'td" balance, add new Caoh Advam and Transaction Fees, and. subVW q*N=ble peffaft and csetift If any dally b"m is less. I= zero we fret it as zeta To c aladdlie a dewy balance for sech day prior to the cumni blifhg cycle fftet had a Pw-Cymle Cash Advance b"=, we td* the beginning balance atfrOutable solely to Pie-Cycle Cash Advances (wtricfi wM be zero on lfte transaction data of the fist PM-Cycle Cash Advance), add an amount equal to the W0100ble OaNy Pedodlc FO O muffs W by the prevbus day % dally balenee, and add orgy the applicable' Pm.CyW Cash Advances, and Ink regaled Traneaation Fees. we O=kA #s from Us cafct"M all ttamactlons pasted In pneft s bMM cycles. Catporfeo C and o -- Awrape Deny Balance Method (i n dding nest teanewco") See supplement To The f U*o Of ChenSe In Teems on the enobeed air"Merit for em plebs letrwe. 11. MMM- FLUME CHAP WE Bas 8upptearest ToThe Molise Of Chace In Twmv on the enclosed slalerreatc1 for oompmots 1w.. 12. TRANSACTION FEE FVUkNCE CHAFww Bee 8UPPlWnWtT*Th* Hodee Of ChwW InTomw on the Back wed alatament for ooeaplale lean e. 13. ACCOUNT FEES sae SUppleOM111 To The MMM Of Change in Tone on lire wKib sd abr[eatent fora co npiaete iW of fees. 14.OVERO WWr j-P0; 'ECTKM. It y'X 0801 ft ao00urlt wM game of America is Nnked 4o this amount. 2tie am+r w protedlon Man wNf avow funds to be tra Wened (roaerdratt proteclfon baresfarsI flom this aow nt into your desig v*W dvdctep amount wwh Bank of America S .C1 Xtid 13rd3Sd1 dH WHSS c8 8002 S2 unr ('Ve *NV aoowt-) when Uvrsoc:Wns occur an your d uC k V acooft such as dbecks or ollm debt, tW R paid would cause life dwoWq eacount to be o wdmwn ('bVOrdtait bonsaalcrrs" ). Ovardreti PCieC" traste M kr *jde aulprrl t ba olers to aover d1 vMV accoui t tees. Ovardraft protection h n k rs are pmoessed Mer close of business MOrrtiay UtHOUgh Friday and am framed as CabgOry B Cash Advaoes. Each day% orerdralt bareap " ww be WOM and rounded to the maid $100 ($05 ff you opened your cbecOV account in VMMrgbn or Idaho) If M nWd up to your W0 tole 000 th11t, mgordleee of who kMtkM the oNerdrdt taneactbne. For woupie, If your dwMV Mount hu a bolonoe of $i.OO and a check or ifffrer 6M* item for $125 IS peserrbed for payment, WMLft if paid wow ON= your dmd*v aoootnt to be aerdrrrru, an oVtirdrdt patron ia'n Ow d SM wR be mode to your dteo tg accoutf end a Bork Cash Admen of $200 w11 post b this nowurd. The wuml of oveaabls creM an this amount rnuet be aff eiert to o mw to ioN around of Overdrldtt Voneadim peo&ved by W* of Awarkoo torsi day) romied to tie nerd $M k orernerrt (but awke itg say over&M probWon lee); otrrawAn one or more d to QYar*M IP, gdbre for tract day wll be mWted. Howev% R the avalable crew on this amo urd is peder than we otierdratt 1F8nsadlon amour, but the avalabfe OvwK Is irrsuFlOolent for the OvWdraft (f manction uymtt io be rOflrKled to the nerd $100 MW MM IM the Wro" of the over M be voclon wai be rounded b tits highest whale choler a1F10A of your ovelabte Greg (And In such an eveait, the oca ued Mows chor$ee may result in an OverMt Fes.) VNB may pemR or refuse to penTd any amdraft p docton ha Ow Und would cause you lo oveed the credo Matt an irMa amount, but It we perW d, you may be asemsed an OvOM Fee during the bttt V cycle In which the kanelier aomm TM owdralt pabotbn Now wil subma0oely be oarroeM 126 amount Is cbaed by ether you or u% or at any Mw upon your raga K llbrrr wrerdraft irenaarllons mnaln aftad b In the of your cheCMtp nomur[ rMilrr donut of Arnertcgk any Heisted enroAm®M apleernerht, and this Agreernot 16. MOM YOUR CARD Ybu should sign your cord before you use !L 10. NOW 10 UBE YOUR ACOWWT You may obw t M In the tam of Ptrcrtarses and CAM Advances by u" cards, aces dtedcs, your account number, or obey coeM dwAoss. 17. WE MAY WON'T M AND RGOORD TELEPHONE CALLS You oonvent to and authorize FIACS, any of ft 91MMi@s, or ft markafbg associates to monllor and/or n w d any of your bleplhorm oorweradim s wMh our represerttativas or the HepeseeMUM of may of moose companies. Ygme you have pwWded a oN phone number daectly to us, or ploced a cell 0WO am to us, you oorhhherd acrd agree to accept ooNOdw cefNs to your oeN phone from us.' For any tekphons or cell phone gains we piece to you, you consent and agree that z ..C1 Xaid 13rH3SUI dH WH00:G 80DZ Se unr those cab may be automatically dialed wxVor use recorded I& CHWIT REIaDR M AGENC115%, COLLECTING AND SHA MM 111MIM 1,101 YOU a dha tie us to 001W kdMnatian about yaw In order to corblct am business and del m Ro top quality service you expect, IltcWctirtg information we receive about you, InA n1allon we reoatve ham third parties such as credit reporting agencies and lnflorn0lon about your ir8n m*ms with us and other companies. You al horize us to share such kNorrttmOon abod you or your account with our afNiales and others. YOU ffWW have the do to opt out of some formation sharing. For more detdls~ please refer to our P&W Policy. tt you bMve we have hlrnished InawAste or ln00mplale W*rtraWn about you or your account td a otedit reporting agency, write to us at: FiA Card Sets cm N.A., CreM Reporting Agencies, P.O. Boot 17064, W knlVon, OE 16884- 7064. Please Include your name, address, home phone number, and aoaourrt number, and e3"W what you bellm Is M accurate cr Incempk0e. %. PURPCNil96 FOR U81INGYMM LINT You rmy use ywr account for personal, lamly, or hatanhald pugposes, ttu may not use you account for business or CoMf w*ol purposes. Ybu may not use a Check Cash Advance, or any other Chreh Admen, to make a payment on tM or arW Other aoooutt W h La or our aflilatee. lbw may not use ar pemtit you acoount to be used 1o make any goo trarwadlem Ntu will "use yaw aaoowtt for tram that are kVd where you conduct ttw. For example, Intemet ganibting VOISK&M may be Illegd In yaw slate. Dolay of a PSyment card logo by an anNne merchant does rat mean flat an k4emet bansaclan is M Qd W We you oonduat N. We may charge your account far such ftwadiorss. We wu not be Nagle it you engage in an Megai transaction. We may deny MAhorlaelion of any hansacflorw Identilled as Mwnet gambNng. 20. PERSONS USING YOUR AMOUNT It yw POM any person to use your card, access dwks, aoooutt rNlmW or other a W device vM the authorization to obtain oredt on your acomwo, you may be NM for al bWMW M made by that person InCkrdtng harems ors for Wait you may not have iltertdad to be 110% even N the -err WA Of ft M tra *Shcon6 Causes your M& IWO In be efG0ee0d AUVWrtzed users or title acem" may have the same aooees to Ink"leffion abmd the account and ft users as the aooount holders. 1Ms may sand account materlais (lauds, shdamenle are nobne to my liable party; and that parson vA be l lor ddhe" those mderlab fo the antler labia paMn and a lh rtzed uems. Notice to any of you vAl be Cot>sirferraq WON 10 ail of you. YbU may etlow aultolfted users an your account In tpe am" ways: (t) oy ponying us mat you want someone added ID y= acam I as an a111hOrLted user; (2) by t m*V your card or aooourn nu dw to anolw, or B-d xHd 13ra3sdI dH wdoo=s eooa sa unr 1o h rQ do b tae Iepally preven d fmm dsatVM Ihst you did sm Ave must think ountully been you a>low anyone to become an aultuft d user By daft so, you auttrorize the person to use your account to the sepia extent you ow indudinp taut not tlrm+ed tD me ft any pwchows, cash advances, Wenoe traheters and alawkV others W uee raver aocourt Your account does not penult you to ftl the ndm or anw nl or aulW* you give to any a harmed user and you will not dip ip?t to do so. An aulhoMed user'saulholtly will oorblue-urd you bdh nary us that you are tenro e v the WA KM am you pnysl * re"ve the Card n you corset ftleve the ca% you will remain liable for any t t7ns that we OWN Revert after you Doily us. 21.YOUR PROMISE 70 PAY You promise to par us the eraouts of all credit you obtain, which Includes all Purarow and Caen Evan es. You also promb a to pay us all the xnm ft of linmroe charges, fees, and any other f met l" we charge b your doom t. If a bank branch or ofte sporm a your aoooult, you prombe to pay it any unpold account balance R pays us within 30 days. 22. PAYMENTS Off YOUR ACCOUNT lfbu must pay each month at least the Tole11 nimum Payment Oue shown an your monthly dalement by Its Payment Due Date. Yow Payment Due Dale may vary from month to montR Paynw* must conform to the requlremerb set out on that monthly statement; these requirements may very without prior notice. You may pay the entire amount you owe us at any time. Payrrwft made in any billing cycle that are greaser flan the Tbtal IWNlnwn Payment Due will not onset your obligation to make Me need Total 1rN *nun Payment Due. it you overpay or it there is a "Atilt balm on your acomint, we Wo not pay interest on such amounts. We wig reject pwjnm f8 thot are not drawn In U.S. dolws and these drawn on a financial Mt OkAon located outside of the United Stales. We reserve the right to tafed any payrrtert a your account has a credit balance as of the day we receive that payrrhent Payment of your Total Minirnurn Pcow t Duet may not avW the assessment of OreMnit Fees. Genemll% credits to your acoount, such as those generated by merchants or by perm 4o,"mon money transfers, are not vested as payments and will not reduce your Total MHmum Payment Oue. Sre Wupplan tent To The Notice Of Change In Tune on the enoiosed sialwear9tt for additional ta.. 28.7QCIFt. MINIIMLW PAYMENT DUE You may pay you focal oulab *ig balance at any Ilme. Each Map Cycle, You must pay at least the Total Minimum Pe rmit Due shown on yalr marrthty Stabrnent by Its s o al ? due ampaThM ls pf? the OjjerTA Payment Due is to See Stts WwnwdlbThe Holies, Of Change In Terms on the enclosed stat mod flor additional tarn& g • d XUA 13rNEISUI dH Wd00 s 6 8002 SE unr 2L WHEN YOUR PAYMENT WILL BE CREDITED W HOUR ACCOUNT We c edR your payn Bids as of lofts date reodvW, It the payrrterd Is (t ) reOWd by 5 p.n (Asftn Ifete); (2) receMW at fie address sftsteen In the upW IetWwW oonner of the ttont al your mardhly ddemont; (3) pold with. a cl drawn In V.S. dollars on a U.& lhbndal Urolftutlon or a U.S. dollar money adel, and (4) sent in the retum envelops wRh only the top Patton or ytwr swernent acoortrpatythg !L Paymer" metered Ow 5 p.m. on any deer Inch *V ft+e Payment Due Dane, but tW ollwwlse meet Me above requtrorrlents, will be credled as of the next day t l Ion uW other pagrrternta may be delayed up b *m drys. 2L HOW WE ALLOCATE VOW PAYMENTS We will alocals your payments In the meaner we datennine. In most Inskst ft we will allocate your payments to balances ( fransacWns made after your Istest statement) with lower APPW bakwe balarnoes with hirer APFts. This will rewR In belences YM lower AP99 (such as new beianoes wilt pnoawtlotal APR o m) being paid before airy other exIsttnp bdonoee. 26. PROMISE W PAY APPLIES 7C1 ALL PERSOM All persons who Mft ft or aubeegLmft request, acoept, qua ufte or use the account are IrdAAdualy and bogsow resprmeDle for any tubd o g balance. N you end one or mote persona are rsvW Cie lo pay any total oulstairtding belarwe, we may refuge to release any of you tam Nday untl all of ttre cards. nano cliefts, and o0m csundlt We"s outMen V under the ace=* has been rdtwned to us awl you repay us Ise Wal otbiatdfv baierve owed to us at any bate under the tans d this Agmement. 27. DEFAULT You will be In **MR of INS Agreement It: (1) you tail t0 melee any requhed Total WnhnNrn Payment Due by Its Payment Due Date' (z) Your idal oulalan0v belanoe et mKb your awdlt Imit; or (3) you 10 to abide by any other term of this Agl+aement. Our allure to exen lse any of our rights when you deft* loss not mean that we are unable to eyamise looses ntght3 upon Mier defatA. 2L WWM WE MW NIQUWE tMItEM4TE PYRYfIIENT f you are in dsl null Vien h adafbn:loo our otthsr rwmadies under 0* Agneernent, we can mgtdre IRMttedeMe poirned at your total out Urtdmq bolence and, unless p' tilted by appaoable j&w end aoOW as oltnerwles p ovicled under the A#b*w ran avid Lftaffon section of IrisAwsement, we con also require you to pay VW ooalo We Incur In any odecl on prooee*U as weu as reeeartebls aWrne ' fees f we Meter your account for oolecft b an attorney who Is not our salerled entpbyae. 20.OTHER P0. ENT TERMS we can aaaoept we Pte. pww WY . or paps wRh any nealrldlve writing wNhmd toeing any of our ti" 01-d XUA 13rb3SUI dH WUT0s6 8002 SZ unr .-? licit qet 60 u an" a* ot out Ot 00 to V000% eon wo it coo ? zlot ' we em?dt to Alp n, m* not v?eo ? 4 00-- doo?= %M16 NOW cm w Swo 10 *ISO* Moo ou ISO& mot or we , r ?` ? ??" yaps ? a ?t `t mow" lowoo per'.` T t to ycu *"on ' a May Sj.vc is ° mom, T to am jvo? 6005 on esch a°mag two x cash C?wh p' 10 6-00 M op vcw in COO R VFyU ?r?'t" Est Pflug 00 jCAA your ?"& sx.'?rt?Yv aeie S"r' Val '01A owow- ? no ;we) 000 a it VOU i ce' =;Ytioov and ar,,,,t e so Ito ?c area pnrne?' to ? D n?. h? v G"&? ,duos ?&Oo C .1 Dow to ?OA" do OD 6.WWB io P" Colo oom , M am alowor Wood. or liodice wsto:s $oaz Xd ? S3r?3??, dH II.A if we have previously permitiufd you to emceed your credit Knit. K does not mean 20 we WE peemu you lo e0)eed ywr credit Mra MOM If we deckle to Pme you to Waled vow " A A halt, Wifth amm tugger a pra"Ouon turpol event, we may also dvvp an OmIlmit Fee andfor apply Default PeCkr8 as provided In M Agrriern>I a t. MWE MAY AM11INDTHi4 AGREQENT tie may amernci this Apeemeat lit ally thyme. we may amend it by adaft deleting, or oh=Vhg Pmvtaidrta of this Aimmerc we may thew or decr?sa9e any or all of your APRs, vve nW W maw any or all of yaw APRt to roles which exceed the Delauuit Rats. When we amend this Agreement we wNl comply with the applicable notice rKpI;emwts or federal and DOWNwe law that arse In etfeot at that thine. The arrnended Agreement [kndudkng any higher We or amw higher charges or tees) will apply to the total aulSt8W1g balance, Including the balance exisMg before the arnerWW bacwrtne elleclive M an arnerdrmo" ghee you the opportunity to re)eot tine dnanpe, and I you releet the dnange In the manner provided In such arnendment, we may temwnide your right to remlve a'ecft and may ask you to return all credlt devices as a oaWilbn of your reWtlorl. YMe may repieoe your card villt another cad at anyllow 34. WE 1MAllf $ D OR CLOSE YOUR ACCOUNT We may sespendt or close your account or otherwise terauft your dgM to use your acwunL We may do this at any tine and for any mason.Ybdlr obligations under this AQreemerd continue even attar we hose done thte. Ybu must dealroy all cards, access cImM or other credit devices on the account rrhen we request. 35. VOU M/4T CLOAE YOUR ACCOt T Nbu may dose your accourd by rr Wit US In writing OF by telephone, and deetr+oykV all cards, aaoses checks or other cretHt dsvioes an the account. Yom ditdbrw under this Agreement on 8-ne even alley you have done fits. 86. TRANBACT10M8 AFTER YOUR ACCOLWT 18 CLOSED When your w0oJnt is dosed, you must contact anyonne autlxfted to ftspe ttarisediora lD your acooud, such as lrnterrtet service providers, health "a or insurance oomparftL These trarraaCtlora rosy MOM to be oheWd to your aoo=A until you dwW the bMrlg. Atw. If we believe you have autlialxed a 1ransaallon or are adte nMV to use your account after you have requested to close the m W int, we may allow the transaction to be charged to your account. 37. RKFUBAL TO tHOMR YOUR ACCOUNT We we not liable for arty refused to honor your accont. This can inolude a r8M" to now ym card or account number or any ch" wrilen on your acoart.. Vie are not liable for arty valor n of your card by us. any other lfnendad Institution, or any provider of goods or services. Z t -d XFld 13Cb3SH I dH WWB0 %6 800a SE unC 31L HOW1POU MW tt;1bP PWM W ON AN AOCE W CHWK You may regwd & slop payrnent on an anam chock by pmvWV us v M the scam chock rumor, dollar amount, and payee eammiy n toy appear on the aooees dw.*. Oral end written slop payment mquesis on an access dw* ere eleodve for six months tram the day that we place the stop peyrnent. 90. YOU MAY NOT POSTUff E AN ACCEW CHECK lfbu may net Ism a paMd+ed access dnedc on your aooount. It you dD postdde an mom checic, we may elect to horror it upon pmsw*no N or mtum It unpaid to the person that presafled It to us for payment, without In either case wd" for ttM dale shown on the aooses chock. We are not [table to you for any ions or expense loaned by you arising out of the mutton we elect b td*. elf. TRANKAICTIOlAB MADE IN FOREIGN CURRENCIES It you mdm a tarmacaon In a form arrem% the transaction will be oonverted by visa Intematbnd or MasterCard iaWmattenal, depending on wlrct? cend you use, Trio a U.S. dollar amour[ In accordance wltn the operating reWella, s or oorrv mm uses in ettaot at the ume tact to vaneaotlon Is praoeso d. Cu o*, #me ragr tamc m and praoedunes provide that 00 amoncy txr mmulm rate to be used Is either (1) a wholesale w rhuet rate or (2) a govemmenwnanoaled rate In effect one day prior to the processing date. The currency ommolon ode In enact on the proeessnp date may differ from We role in effect on the tmnsection date or Ie poenng date. 41. h9EI WrM We may offer you certain bone is and services with your account. Any toe Mt's or services are not a part of this Agreem A, but are subod to No ferm and restrictions outlined in to benetas brauxhure and other otttdei doormen is provided to you from time to time by or on behalf of FIACS. V01Ie any beneft or servfoes described In the previous serlence are not a part of this Agrownent, any claim or dspume mWlad to arty such bwmdR or service snail be sutated to Me AMOm tan and LN# tfvn section of tats Agreement. We nay aOJnst, add, or delete banollls and services at any thre and wfaacut motile to you. 4Z. WE MAY 9VLL YOUR ACCOUNT We may at any time, and wllhout notice to you, sell, assign or [sudsier your account, any same due on your account, this Agmernerut, or our rights or obloisms under your a©courd or We Agreement to any person OF entity. The person Of WW to whom we make any such seta, assfenruerut or trarw* allot be snftd b al of our rlgats andfor obtlgations under this Agemat, to the extent sots, assigned or transomed. 42 YOU MU@T NOTIFY UG WHEN YOU CHANCE YOUR ADDRM We stave to keep ao=aW moords for your benefit and ours. The post office and ott+ere may na ty us of a charge to your 61-d xd3 13ruasul dH wdaors eooz sa unr address. when you change your ads, you nxrst notify us promptly of yarn new address. 44. W"ff LAW APPLIM This AgreenrerA Is rrracfe In Deierware and we expend credit to you from Dakmere. This Agreement Is gMtned by fie laws of the SW of Delaware (MIIttl %A MgWd 10 Its a wad 01 laws prUC406) strd by sty aWleatrle Weral laws. 49. THE PWrlMMM OF TM AGMEVAW ARE SEVeRMILE 11 wry p vAdon of SM Agreement Is f0 M to be kwatld, to resn Ift aavisiatns will Con*m to be eltsedw. 4& OUR MOWS C TVIIIW Our failure or May In exwdsft any of our rVds under tf>f6 Agreernerrt does not mean that we are unable to sxerdae Uroee 409 Id er. 47. LINAUTHORRED USE OF VOUR CARD Please naMy us 1wowdialely of the loes, theft, or possible una?l MI;wd use of your Mount at (8t>t>) 732-9194 and (800} M-M3 for Spenistl. 48. ARBITRAMN AND t.ITlfMMM This Arb&Ww and tJtlAetion provision applies to you unless you worse gfrren the OAXWU* 10 Rod 9ne A Rion and t.ttipadon pedvMIOM and you did. so reject them In the mm w and *UdrSurne MWIPed. It you did raieot eftctty* soon a p you agreed that any I900m brought by you ag" us tegardhg this accorurt or Utis Agreement sW be UKKOd h a WW located In the SWe of Delawam Any claim or dispute (`Genii by eMw you or us against the fiber, or argahst Ure employees, agents or assigns d Una over, ahng from or raldiing in my way b #a Agreement or any prior Agreement or your awount (wtrW r under a st jft In cantrwt, tort, of otherwise and whether for money damages, penalties or declaratory or equnmt>te relleq, shall, upon ekcWn by ON ter you OF us, be resolved by binding erbS'ation. The arbitrator MO resolve any claims, Indudhg Re applbebEly of this Arbitration and Uegation Section or the VdldFty of Ute enure Agreement or any pray Agreement, erraspt for any claim MaNranglog the vaft d the cuss Action Wnhw,, wfnit h shahs be dwWW by a court. In add8low, we vA not goose tD a Wale an WWI" CWm hart you bring against us In WO Balms court or an equivalent court, 9 any. But ff that Clalm is transterred, removed or appealed to a ditrent court, we Uren twm the right to dwee arbihaam. ArbwsUOn 91'" we place before a simple abibakw and on an IndMduat beats wtuW resort to any form of cuss arxhorr. Aftratlorr tray be selected at any time unless a judgment has beery rendered or tiw alter party would writer sutatarfl prejudice by the delay in denunci ng .mbbrabon. bj.d X43 13rmaswi dH Wwaots Sooa SE unr The mbltrarAan shale be oonducted by the N0=1 Arbitration Form rNAF'), wider the Code of Procedure In stied at the time the Cam Is Pied. Rules and forma d the National ArbNram Forum may be WOW and Claims may be filed at any National AtUtration Forum office, ymy-jidt jRnjWjWM or P.O. Bout 50191, Mlrnespoils. MMMots 564M telephone (W% 4742371. V the NAF Is unable or unWlding to act as arbitrator, we may substitute another nalt0n9Ny rooognized, WK%pwxW t arbitration orgonization that trees a elrnlar code d procedura At your written requeat, we will advance any arbl0 dw AAng tee, admix hWatlve and too" fees vdiIM we art . The arbgr? war %NIII OKM W110 wA be t,dlMd ly rworr61hte for PWAV these lees. if you me a claim against us, in no evW well you be required to r0fttlr8ie us for any arb*Ww MWC, adrrrlnlsttdit or hreaft tees In an amount greater Om witret your court oasts would have been fi the Claim had been resoMW in a slate oval w M "WdIMM. Any MUM M hearing at wvlMdt you appear will kites place w W ft federal PMW that VwWdn your Wit address at to three me CWm is fled. This arbitration apeemenl Is made pursuant to a Wwwaftn Irwotving Int mWe oonmeroe, end shell be gayer M by Vw Federal Arplb dW ACt, 9 U.S.C. V 1.18 ('FAA-). JudWnerd upon any arbitration award may be entered in any court having pleddlom The arbitrator Shall brow exIdhq subfmnhv taw to ft extent conWeril with She FM and applicable statutes of tlrnltatlore and shall honor any chime or prMlege reo0pOW by IaMI If any panty requests, the arb&dw shah wrlle an oWlon omtdnkV the rewas for the word. No Claim mAxn led to wbftftn Is heard by a )uy or may be brought as a class Wlan or as a p Wale attOmey general. You do not have to ftM to ad as a class mpnesentaitw or patticipde as a mwnber of a dales of dairnwft with res(nect to any CkVm silt it, 1, to arblkeda, (Ciaas AcMlon Wiaiwer). The parties to Orly Aa+e6rrwnt sAnowledge that the Cum AM M YYMm Is wAWal avid severdW 10 the arbitration of any dilutes between the parties and Is nwMverelble from this aprasnOnt err mbdtade C:W MS. 11 Vo Class Aotton MW IS RiMed, voided or found wwOomeable, OMen the peg W apwemerd to MOVIate (eotoapt for tft15 serdence) shall be nul and void wNh respect to aLmh Mwee ft. sub)ect to the night to appeal the dmltdim or Imalidadon d the Class Action Ullaiver. Ttm fps ribs sak nowtedipm d opm that under no ciroumstene" vAli a DIMS a -d- be arb oratsd. This ArWa*m and Litigation section eppiies to so Claire now it eftienee or met may arise in the ruture. This ArbMmlon and i..R18" Seam shell swvtn the termination of yow amount with us w well as any vduntary payment d Ow debt In ful by you, any ba nknOay by you or sale of the debt by us. ST •d XF1d 13rb3SU I dH WUCO:6 9002 SZ unC For the purposes d arts MbNration and lftlgetlen Seclim, `we" and 'us' means F1A Gard SsrvJcos, N.A., Its parent, Xboldader:, angles, llcsn ?, pedeowsm, succieemm antis, and any puohaw of you aooourg, and as of theft dilcera, dwedws, employees, agents and W"ns or any and d of Umm. AdMonft "had' or OW shall aw ari any alibi party prarrbnp benellb. sa vbw or-poduc+ls In omsallm wllri Ine aoowW Morudirg trot not Yrr W to credit bureaus, merchants met aoaept any cmW dsvloe issued under I* socourt, rowaids or enoflnrent sarvioea, am* Irwrartoe oxnpanlos, dear ooftcmrs and aN a their c*bers, dh*c M AInp c"ss ens W ft) If, and only r, each a third party Is narlod by you as a w4denclant In any Clain you assert against us. You Y AND AQIWE THff p unia You oR 1-7- WTAND WE ELECT 70 ArANWRXM A CLARE, Tai AP Ill PA M SECTION INFOXAMED YOU AND W FROM HAVM A ROW OR aPFtORi1v ErYTIO L.i1 GA7E CLAM T"ROUGH COLT, OR TO PMRZi WXM on BE no _ _ - I fl.D IN UTICIl TIOH FLED IN COURT BY 0TH RL 19=9 T AS 07 ERVAK PROVIDED ABCNF, ALL CLAD MUST BE RESOLYE THROUGH ARWIFIN10N IFYOU ORWE ELECT TO ARNrnt4ffL VOW DOLL RlAlll'f'! (or use a ow a on form pmylwd an your bW) at FU1 Card Servion, NA., P.O. Box 1526k VMl "ngtan. DE 19M VVMe to tat as sotm as poseble. Do riot send the notice on Or Vlore your payaw". We must clear from you no later Vw 00 clays after we semi you Me swat bill on w" the Uaneal't on or ww appeared. You can Wephons us, but doing 9o will not pneerv?e your MO. In yore letter, give us the fOfbM" intarmdtton: (1) your name snd sooount number, (2) the doNat arnourd of V* suspedw eruct, (a) the p0etmg date of IV trammillon In WedW,, and (4) a descrlp m of A1@ error and an wpw"W, N you can, of why you I*W4e there is an error. If you need more Informallan, describe the Item you are not am a kxk if you have aulliwIzed us to pay your credit Card bHl 3wwrIssoaAy kin yorr S #*W or dwcdriQ elocoutx WM us, you can stop the Payment on any athwart you think is wrora To sbop Uts payrrtertt your NdW must teach us three butirtsss dW bebre the automatic pe rwt Is soheduled to occur: Keep TW Motios for Putan We: TIhB notice OontaNhs "Portarlt WWnd0on WOW your Aglt@s told our respo Under Vw Fat Credit BOO Act. Waft .Us in Ctw of Errors st Questions About Your Bib: N you @** your bill Is mix at It you deed In= Infomhellon about a tumallon on Rohr bill, wbte us on a separce sheet 9T'd Xdd 13rb3SUI dH WUSo:s 6002 S2 unr Year R and Our Re"onslli t es AiMr We AnoNw YTOM WdMM 111o11oer M must auh uuMedp your WI ter WIM 30 days, fshl M we hams sorreated the ,surer by then. MW 90 days, hire rrWSt SUM cottW the error or explain wiry WS beNeve the bN was corrWt Attat we receive your least, we carrot try to collect any amount you question or report you as deNnqu ". we can continue 40 1W you for Ile amount you question, Including *ance "We, and we can apply any unpaid asrhount agabhrrt your oredlt Omit. You do not have to pay any questioned amunt while we we Inv np, but you we slit oblgated to pay the parts of your bill trier are not in question. It we Ond W we merle a oftialre on your 00, you wM not have to pay any flnmhce ofwW a kOW tD any quesWned amount. It we did not mare a mistake, you may have to pay anerve , and you will have to unsure up any missed payments on V a quresdoned arnoW. in eNher case, vie will send you a sWemerrt of the arnolait you awe and the date that It Is due. If you tai to pay Me a= W that we fftlnk you ovp% we may report you as ddk quell. However, a our explanallon does PxA satisfy your and you write to us vWW tweruly4lve (25) days MW us thet you 901 refuse to pay, we must Id anyone we report you to that you hoe a question about your ail, and we must that you Ste name of ar"m we report you to. We must tell anyone we report you to 00 the matter has Deen settled between us when It many Is. It we do not follow these rules, we cannot collect the IM $50 d #* questioned amount, even If your bill was conW. lttpwW Rule br Cndk Card Purchmm if you Wm a prohlern }Viii the quality of ftte property or servioes go you pwucfelaed wM a rx+M curd, and you have lured In good 18th to correct lira proobtem wth the Merchant, you may have the rpM not b pay Uw ruernakNK amount due on the property of services. Thm are two I mbdons an tt0 right: (1) You must have made the purchase In your tame state at, K not within your }tans state, within 100 miss of your c went rnaling adctrem; and (2) The pu rcthese price must have been more than $60. These UnItallonS do not apply It we awn or operate the in9rdhatrt. or If we mailed you the adverbement for the property or services. Foil-01125 90* Of h?IMrM, MA. OW) O 20011 Dwk dAmmum /_T-d KH3 13r83SUI dH WdEOaS goo? So unr Jul 16 2008 7:53AM HP LRSERJET FRX ... ........_..........._ .. a Y Y _ ..-------- -- --Lioo- ....... .. ....--------.-.. ' twt?ss? oxtaennoroa+drnslttaulr.ntheonrc a .ldiftor sawww:rif IiiiiGwi iviii.ce? 'I'm US Antwnsm VISA' PLA"INm CARA Pre-qualified Acceptance Certificate W.5, lq*0 3,* Use Fkm M.rt11er1.Urwndht.iR?p' ..M iwrlan ao y(-n To get your card faster, V to www.myusairways risa.corn UP0606-023-560-941 Brundi F- Lecrone 908 16th St New Cumberland, PA 17070-1518 .; y h4 k+ C1432375499 UKC06P If YOU IM S US Ainwra Dividend A ghto tn#abtx, PI"M Ptf Pride star account number bolom If ynu du not Law on accomt nenilmr, uon aril IX; oafisned. Qf of expires. August 14, 2006 Credit line up to: $10,000 E+reil Akwoopowu l 9.f?w #emit1 dJY wr. Pbj*f..t.tr MeeNUtrnklrtrkJdyaJeawwJ,ur w:lr k rf m WM M.r??ti rin w.r14..afe 0911411e {tli/b u M-11mO q- anal sdr. AuderizedUser (Yom "qmarn>1Jiuwltudlailr?.Neriypenen.Mu?nheo.dn+x MWQ - ;?ra? efAffraoc.el fya Ya No lemf UMM reteapl ¦ Balance Transfer Option mro Hm-tNcE-mwsF;flt mm wrm vmonclcrrmywm- Sm? (save with a low fixed 1.9% Introductory APR on your balance transfers) Fdl in live infonkfni'm lclow to "Writ Duarte rhmi "it uskr hilow-net milk cords eat Yov will m wif It slow Recd 1.10% I murdkewry APR f lwuoylti)=ik13q W. Each tr9m,eetrmsfe 1i+frrl belsw lean be n kaa sl0u. ?A.l?lo?wwi ref iksto owes Fiviisi;"diedie bdmfa tronsiciufannxion on tyre mvm side- 9'raaafo Ffum 1415(d-2 ? ' 1614 mgJ I W I IN I Y I r'r rw6r F.w. I I I I t 1111 L?J area rx ?'meer LLL?J ,, Amomt Wafer r? o Ofd F _ Anfaa11 o 1. l,? ai W p* IV cwt ro 1- r ( ' 1 1t . U ( , Tarufcr Tnf?t4r -L-LL--J To kelp pace" por milstat Or"t dasy, pleue pani.k eonpka aaafwn ieferearleo widf yaw tlanenra ebrne. Note "wifere willtfot am blriderd Aliks. You can choose to stop mmiM"preamned" o a credit from this and other malpmits by adiag toMw 1.888.567,8688. See PRESCREEN & OPf-Oj1TNO11CEoa other ddt rormonc infomutioa about prretxea>ed a6'as urr?aaroo 212 bb9TS069E6 VN S3OIAH2S CINV3 VI-4 Rd 9b:b0 6002-Tnf-ST ?""? ? ?. t _- ? ,_,n , c ? .._. ? _ ?._ r n r•.? ,,.._ - ? r= ?? .-_. 4'e FIA CARD SERVICE, N.A. F/KI BANK OF AMERICA, N.A. vs. BRANDI E. LECRONE RULE 1312-1 The Petition for Following forrr PETITION FOR TO THE HONORABLE, THE JUDGES OF FREDERIC I. WEINBERG col action (or actions), respectfully represents that: 1. The above-captioned action (or actions) 2. The claim of plaintiff in the action is $ The counterclaim of the defendant in the The following attorneys are interested in the as arbitrators: FREDERIC I. WEINBERG, ESQ. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 3330 , CIVIL 2608 C= fri 4 ? - =K MO T -'j a of Arbitrators shall be substantially in the C n OF ARBITRATORS COURT: for the plaintiff/defendant in the above (are) at issue. ofo5 Cks }AX ftj-, is as counsel or are otherwise disqualified to sit A. BOYANOWSKI, ESO. WHEREFORE, your petitioner prays your whom the case shall be submitted. ORDER AND NOW, petition, Esq., and captioned action (or actions) as prayed for. Court to appoint three (3) arbitrators to , 200---_, in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above the Court, +014.00 Pa An-( etv l t to 5LS elt Y n t HE Cara A. Boyanowski, Esquire Attorney ID No. 68736 Serratelli, Schiffman & Brown, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 (fax) cboyanowski@ssbc-law.com FIA CARD SERVICE, N.A. F/K/A BANK OF AMERICA, N.A., Plaintiff VS. BRANDI E. LECRONE, Defendant 1010 APR 21 PM 3: 26 PENNISSYU414A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 3330 CIVIL 2008 CIVIL ACTION - LAW PETITION FOR LEAVE TO WITHDRAW APPEARANCE AND NOW COMES, Cara A. Boyanowski, Esquire, of the law firm of SERRATELLI, SCHIFFMAN & BROWN, P.C. and respectfully represents as follows: 1. Petitioner, Cara A. Boyanowski, Esquire, represented the Defendant, Brandi E. LeCrone, a/k/a Brandi Wardle, in the above-captioned matter. 2. It is the Petitioner's desire to withdraw as counsel to Defendant in the above-captioned matter based on the fact that Defendant has failed to pay her outstanding balance to Petitioner after repeated requests, and Petitioner has not had any contact from Defendant for the past two years. 3. Defendant has been provided with adequate notice of Petitioner's intent to withdraw from the above-captioned matter. (See letter dated April 20, 2010 attached hereto as Exhibit "A"). 4. Petitioner has informed Frederic I. Weinberg, Esquire, Counsel for Plaintiff, of her intention to withdraw from the above-captioned matter by letter dated April 20, 2010, sent to Plaintiff's counsel via U.S. Mail. (See letter attached hereto as Exhibit "B"). 5. Petitioner had received a copy of Plaintiff's Petition for Appointment of Arbitrators. 6. Defendant will have sufficient time to obtain alternate counsel to handle arbitration for her. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant Petitioner's request for leave to withdraw. Respectfully submitted, 00 "- Cara A. Boyanowski, Esquire SERRATELLI, SCHIFFMAN & BROWN, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 (fax) cboyanowski@ssbc-law.com VERIFICATION I, Cara A. Boyanowski, Esquire, have personal knowledge of the facts contained in the foregoing and therefore do verify that the information contained therein is true and correct to the best of my knowledge, information and belief. 41-? -010 Date Cara A. Boyanowski CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, do hereby certify that on this a o day of 41p \ , 2010, 1 served a copy of the foregoing Petition for Leave to Withdraw by first-class mail, postage prepaid, in the Post Office at Harrisburg, Pennsylvania, to the following person(s): Frederic I. Weinberg, Esquire Gordon & Weinberg, P.C. 1001 E. Hector Street Suite 220 Conshohocken, PA 19428 Brandi E. LeCrone a/k/a Brandi Wardle 120 Quince Street Harrisburg, PA 17111 i ill VI/)I , Cara A. Boyanowski, Esquire SERRATELLI, SCHIFFMAN & BROWN, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 (fax) cboyanowski@ssbc-law.com Apri120, 2010 Brandi E. Wardle a/k/a Brandi E. LeCrone 120 Quince Street CARA A. BOYANOWSKI Harrisburg, PA 17111 Re: FIA Card Service, N.A. f/k/a Bank of America, N.A. v. (717) 540-9170, Ext. 2925 Brandi E. LeCrone cboyanowski@ssbc-Iaw.com Dear Brandi: Please be advised that due to your lack of interest in resolving your outstanding balance owing our firm, and that you have not contacted my office within the past two years to settle this case, I will be filing a Petition with the court to withdraw my appearance as your counsel. Thank you for your attention. ...................... Sincerely yours, SERRATELLI, SCHIFFMAN & BROWN, P.C. SUITE 201 Nar A Ili?•'?- t4 B?o)aNWs i 208 0 LINGLESTOWN ROAD HARRISBURG, PA 17110-9670 FAX (717) 540-5481 CAB/ted 14-L 11 Apri120, 2010 Frederic I. Weinberg, Esquire 1001 E. Hector Street Suite 220 CARA A. BOYANOWSKI Conshohocken, PA 19428 Re: FIA Card Service, N.A. f/k/a Bank of America, N.A. v. (717) 540-9170, Ext. 2925 Brandi E. LeCrone cboyanowski@ssbc-law.com Dear Mr. Weinberg: Please be advised that I have not had any contact with Brandi E. LeCrone, a/k/a Brandi Wardle, in the past two years. Therefore, I am filing a Petition to Withdraw Appearance with the Court. Thank you for your attention. Sincerely yours, SERRATELLI, SCHIFFMAN & BROWN, P.C. 1 'L?L SUITE 201 a oyano i 2080 LINGLESTOWN ROAD CAB/ted HARRISBURG, PA 17110-9670 FAX (717) 540-5481 ...................... ,,,, 11 IN THE COURT OF COMMON PLEAS OF FIA CARD SERVICE, N.A. F/K/A CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. VS. NO. 3330 CIVIL 28 ¢ BRANDI E. LECRONE 0 21 I,` .. RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: FREDERIC I. WEINBERG , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ :211 Z- ?I u S Cysts +Rl The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: FREDERIC I. WEINBERG, ESQ. CARA A. BOYANOWSKI, ESQ. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Re ub d, FREDERI I. INBERG ORDER OF COURT AND NOW, _'Di4.c.C a7- , 20*& , in onsideration of the foregoing petition, Esq., and AAA r IV Esq., and ?DyCilt? /l1. `L24Esq., are appo' d arbitrators in the above captioned action (or actions) as prayed for. eo?t£S n-??cc5? e 2?ratxuXs Er #014.00 Pa ATrf cy-W ( f U 645- 21* FIA CARD SERVICE, N.A. F/K/A BANK OF AMERICA, N.A., Plaintiff vs. BRANDI E. LECRONE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 3330 CIVIL 2008 CIVIL ACTION - LAW RULE TO SHOW CAUSE 2 N LA AND NOW, this 11 O day of 2010, upon consideration of the within Petition, a Rule is hereby issued upon the parties to show cause why the relief requested in the foregoing Petition should not be granted. RULE RETURNABLE Zo days from the date of service. Uistribution: c ra A. Boyanowski, Esq., 2080 Linglestown Rd., Ste. 201, Harrisburg, PA 171 10 ederic I. Weinberg, Esq., 1001 E. Hector St., Ste. 220, Conshohocken, PA 1428 Brandi E. Wardle, 120 Quince Street, Harrisburg, PA 17111 (2cip"F-s ,i,.at6L All 2311 e) BY THE COURT: FILED { - P C MARY 2010 HA Y 19 Nil 2: 18 jJmi Cara A. Boyanowski, Esquire Attorney ID No. 68736 Serratelli, Schiffman & Brown, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 (fax) cbovanowski@ssbc-law.com FIA CARD SERVICE, N.A. F/K/A BANK OF AMERICA, N.A., Plaintiff vs. BRANDI E. LECRONE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 3330 CIVIL 2008 CIVIL ACTION - LAW MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Cara A. Boyanowski, Esquire of the law firm of Serratelli, Schiffman & Brown, P.C. and moves that this Honorable Court make absolute the Rule to Show Cause and avers as follows: 1. On April 22, 2010, The Honorable Kevin A. Hess signed a Rule to Show Cause why Cara A. Boyanowski, Esquire should not be allowed to withdraw as counsel. Said Rule was returnable twenty (20) days from the service upon the parties. 2. The Court sent the Order to the parties pursuant to the Distribution on the Rule to Show Cause on or about April 22, 2010. 3. Allowing ample time for mailing, the parties should have received the Rule to Show Cause no later than April 26, 2010. 4. Petitioner has not been served with an objection by Plaintiff's counsel nor Defendant to her Motion. 5. The Rule was returnable on or about May 15, 2010. 6. As of this date, no Answer has been filed by any party to this action. WHEREFORE, Petitioner moves that this Honorable Court: a) Make the Rule of April 22, 2010; b) Issue an Order removing Cara A. Boyanowski, Esquire as counsel for the Defendant, Brandi E. LeCrone, a/k/a Brandi Wardle. Respectfully submitted, kn., n 000 JfL,4 'I A01 Ldm" Cara A. Boy nowski, Esquire SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 (fax) cboyanowskiCssbc-law.com VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: J-la-,?tJ?O AtAakgmao?w Cara A. Boya owski CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, do hereby certify that on this day of 2010, I did serve a true copy of the foregoing Motion to Make Rule Absolute by First Class United States Mail, postage prepaid, mailed at Harrisburg, Pennsylvania, upon the following person(s) at the address(es) indicated below: Frederic I. Weinberg, Esquire Gordon & Weinberg, P.C. 1001 E. Hector Street Suite 220 Conshohocken, PA 19428 Brandi E. LeCrone a/k/a Brandi Wardle 120 Quince Street Harrisburg, PA 17111 4"akyo-A"- Cara A. Boyanowski, Esquire SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 (fax) cboyanowskiCssbc-law.com Y MAY 212010 FIA CARD SERVICE, N.A. F/K/A BANK OF AMERICA, N.A., Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 3330 CIVIL 2008 BRANDI E. LECRONE, Defendant CIVIL ACTION - LAW O R D E R AND NOW, this Z!" day of 2010, upon consideration of Petitioner's Motion to Make Rule Absolute, it is hereby Ordered that the appearance of Cara A. Boyanowski, Esquire, as counsel for the Defendant in the above-captioned matter is withdrawn. BY THE COURT: Distribution: Cara A. Boyanowski, Esq., 2080 Linglestown Road, Suite 201, Harrisburg, PA 17110 Frederic I. Weinberg, Esq., 1001 E. Hector Street, Suite 220, Conshohocken, PA 19428 randi E. LeCrone, a/k/a Brandi Wardle, 120 Quince Street, Harrisburg, PA 17111 Ca ' E-V s/2 110 ?ry? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) - ------------------------------------------------------------------------------ ---------- CAPTION OF CASE (entire caption must be stated in full) FIA Card Services, N.A. f/k/a Bank of America, N.A. g 0 vs. M c 5e'- N Brandi E. Lecrone i ; No. 3330 2008 erm= 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurr complaint, etc.): o 1 ? 2. Identify all counsel who will argue cases: (a) for plaintiffs: Joel M. Flink, Esquire, 1001 E. Hector Street, Suite 220, Conshohocken, PA 19426 (Name and Address) (b) for defendants: Pro Se (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 18, 2010 On at Wee Joel M. Flink Print your name FIA Card Services June 17, 2010 Attorney for Date: vz? INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is rellsted. Office of the Prothonotary Cumberland County David D. Buell Prothonotary Brandi E. Lecrone 908 16th Street New Cumberland, PA 17070-1518 _ .DATE: Jury 29 X016 TO Ms. Lecrone: THIS IS TO NOTIFY YOU THAT CASE NUMBER 08-3330 FIA Card Services, N.A. f/k/a Bank of America, N.A. VS. Brandi E. Lecrone HAS BEEN LISTED FOR ARGUMENT ON Aus:ust 18, 2010 - f''nmhprlanRj (''nunty Arsrument Court Rules 1028(c), ..r ~., ... rF~-ONr1T4~u!v i r u~.,, , , . 3ER~r,~.~ ^~ ~s~TV ~n .ISLE. PA 17013 ~ ~~ ~ ~~~ ~~ e a~' ~~~~ IV~tXYE" 1TS OE 3 A4 O~/11/~;G RETURN T© SENDER NOT DEtIYERAHLE AS ADDRESSED UNASLE TO FORWARD BC~ 1701333fl4~9 *O^a19-0:37'31-03-4C ~~~-~~E~~~ i„~iit,,,itt~,,,,,tt~,ti,,,i-,,,ii~i,t,,,i„it,t„i,~,,,,,~~t ~,~~s~r,4n~, ! ~~ / /' ~3~J~ .rir ~` _;. ~~~ 0004631598 AUG03 ; „ ~ ~ , ~„ , , , MAILED FROM ZIP CODE 1 ' Lu l l~ ~ .: :.~ f .~ r : i , t . aol~ ~9vvr t3 lath to :ao ~ ~;}4 p$- 3330 Brandi E. Lecrone 90816th Strut New Cumbe~'^Ma oe ~7n7n_151`B PRAECIPE FOR LISTING CASE FOR ARGUMENT C (Must be typewritten and submitted in triplicate) OF THELPRO ~NQ~tOTAftY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) 2~1~ a~~ ~6 ~~ ~a: ~~ --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE CUMSER~~~D C011~~TY (entire caption must be stated in full) PE~~CSYLVA~IA FIA Card Services, N.A. f/k/a Bank of America, N.A. vs. Brandi E. Lecrone No. 3330 2008 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Ptelimina*~ Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Joel M. Flink, 1001 E. Hector Street, Suite 220, Conshohocken, PA 19426 (Name and Address) (b) for defendants: Pro Se (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 15, 2010 Date: October 14, 2010 Joel M. Flink, Esquire Print your name FIA Card Services Attorney for INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serrer~ their brief 12 days prior to argument. 3. The responding party shall file their~brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY DAVID D. BUELL PROTHONOTARY Brandi E. Lecrone 90816th Street Lemoyne, PA 17070 DATE: November 24, 2010 TO Ms. Lecrone: THIS IS TO NOTIFY YOU THAT CASE NUMBER 08-3330 FIA Card Services, N.A. f/k/a Bank of America, N.A. VS. Brandi E. Lecrone HAS BEEN LISTED FOR ARGUMENT ON December 15.2010 Cumberland County Argument Court Rules 1028(c), 1034(a) and 1035.2(a) shall be strictly enforced. If the issue was listed for prior argument you must re-file your brief as per Local Rule 1028(c)10. David D. Buell Prothonotary 0O0vv A) vs 0QO a ? O ? 0 c ?o Dz= V W °n?C -4c wCO)? .n c v m i r?• W ab c? O ? Z t? - O 18 d -i O = m w cr-u 0 ZHm µ = w wMc m - o ruu - m mDZ m a - omo = >F IDM h) az 1.4 D - 0 D OMM I Mom O N M d ? _ m N O 6) i \ ? r o O AC= rn w r, co w :CM ? p ICL D 4 O W W W d na ? C3'? - f O 3 z? W... ° UwO b o ? _w ° > •, N 00 N 35 'r n O O? w ?? o 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 OF T FILED-OFFICE 2010 DEC; 14 AM 9: 26 CUMBERLAND COUNTY PENNSYLVANIA FIA CARD SERVICE, N.A. f/k/a BANK OF AMERICA, N.A. Vs. BRANDI E LECRONE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-3330 CIVIL TERM PRAECIPE TO WITHDRAW ARGUMENT PRAECIPE TO THE PROTHONOTARY: Please withdraw the Argument Praecipe filed in this matter.. Respectfully, JOEL ,W. F LINK, ESQUIRE For Plaintiff OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY DAVID D. BUELL PROTHONOTARY Brandi E. Lecrone 90816 th Street New Cumberland, PA 17070 DATE: November 24, 2010 TO Ms. Lecrone: THIS IS TO NOTIFY YOU THAT CASE NUMBER 08-3330 FIA Card Services, N.A. f/k/a Bank of America, N.A. VS. Brandi E. Lecrone HAS BEEN LISTED FOR ARGUMENT ON December 15.2010 Cumberland County Argument Court Rules 1028(c), 1034(a) and 1035.2(a) shall be strictly enforced. If the issue was listed for prior argument you must re-file your brief as per Local Rule 1028(c)10. David D. Buell Prothonotary 0 90 0 Vl n or S Q. O SD o ' 4D-OFFICE =o NOTHONOTAR, V C a N 00 ? m w co UMBERLAND COUNTY C , PENNSYLVANIA ri 641-1 z c g m ?mr 00 "' o n ra z LA a In til -•1 ? q 1 - w m • w crX w z"m k q DC-I '..J µ IDmC M w Fix w 0 moz p amo ? rF -qDo .y ? M?z J O O CPU Max o 0:0 •/ W D JJJ cn `? w m rJ 6w ao I ? ? I q 0 I rti A O v N '" Ga _. Q FIA CARD SERVICE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA o n =n CIVIL ACTION - LAW -3 - _' -+ vs. NO. 08-3330 CIVIL zM -r ` rnr- BRANDI E. LECRONE, Defendant - 0 e? ORDER AND NOW, this _1Z' day of July, 2011, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. R. Mark Thomas, Esquire, Chairman, shall be paid the sum of $50.00. / R. Mark Thomas, Esquire Court Administrator :rlm eflpiCS tAa ?l'G L BY THE COURT, 4 /.L Kevin ess, P. J. FRED WEINBERG & ASSOCIATES BY: F.REDER.IC 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 i G_ L.:i{� O i t L�L THFPR t 14 SEP 15 P11 1:52 CUMBERLAND COUNTY PENNSYLVANIA FIA CARD SERVICE, N.A. f/k/a BANK OF AMERICA, N.A. vs. BRANDI E LECRONE TO THE COURT: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-3330 CIVIL TERM STATEMENT OF INTENTION TO PROCEED Plaintiff intends to proceed with the above -captioned matter. The Law Offices of & Associa es, P.0 BY: Frederi Joel M. Attorney F ederic I. Weinberg inberg, Esquire , Esquire r Plaintiff CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of foregoing pursuant to Pa.R.C.P. 1028©)(1), via First Class Mail, postage pre -paid, to all other partis or. their counsel of record. FREDERIC I. I:ERG, ESQUIRE Dated:] `./hl P018