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Home My WebLink About08-4009V ., 2048347 THIS IS AN ARBITRATION MATTER. 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 ASSESSMENT OF FIA Card Services, N.A. f/k/a Bank of America 275 S. VALENCIA AVE. BREA, CA. 92823 VS. GARY K RHODES 2108 CEDAR RUN DR--APT # 202 CAMP HILL PA 17011-7479 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 0-- - ! o6 9 C J ,, l 4e_t°" NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL-ACTION 1. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 2. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 3. The defendant (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account, if available, 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 $28,258.86. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $28,258.86 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 3/14/07. WHEREFORE, plaintiff claims of the defendant (s) the sum of $28,258.86 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W NBER ESQUIRE JOEL M. FLINK, IRE Attorney for Plaintiff P01A VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff (s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. WEINBERG, ESQUIRE EXHIBIT "A" i 2048347 2054 FIA Card Services, N.A. f/k/a Bank of America GARY R RHODES mom 4888931996399767 FFA IDAVIT L being duly served I ? that:`, sworn according to law, depose and say 1. I am the agent for he plaintiff account; and I have custody and control of the files relating to his 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; ecta reclaim sult ofrsabreach of id breach;ontract and 4. This action is based that damages are sought as a d r a balance affiant can testify at trial as to the facts 5. After allowing for all offsets and credits, remains on the subject account having account number 4888931996399767in the amount of $28,258.86; and 6. If called upon, pertaining to this matter' The above facts are true and correct to the best of my knowledge, information and belief. le of Affiant) Sworn to and Subscribed WASH 'o. P `"auuwuiar,Il; before me this day !L , p CAl? 2008 -2 p EXPIRES =U DEC ,7, 20,0 13 Ll, Notary Publ %,?'p?8 C ???•• ky? q - 2 v d S E7 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04009 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIA CARD SERVICES N A VS RHODES GARY K 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 RHODES GARY K but was unable to locate Him in his bailiwick COMPLAINT & NOTICE , He therefore returns the the within named DEFENDANT RHODES GARY K 2108 CEDAR RUN DR, APT 202 NOT FOUND , as to CAMP HILL, PA 17011-7479 DESPITE NUMEROUS ATTEMPTS, PAPER EXPIRED BEFORE SERVICE WAS COMPLETED. Sheriff's Costs: So answer . Docketing 18.00 Service 32.00 Affidavit ??oa .00 R. Thomas Kline Surcharge SIS%0 10.00 Sheriff of Cumberland County Not Found 6.00 66.00 GORDON & WEINBERG 08/06/2008 Sworn and Subscribed to before me this day of , A. D. 2048347 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 Services, N.A. f/k/a Bank of America VS. GARY K RHODES 2108 CEDAR RUN DR--APT # 202 CAMP HILL PA 17011-7479 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-4009 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Plaintiffs' Complaint in Civil Action in the above-captioned matter for an additional thirty (30) days. GORDON & WEINBERG, P.C. BY: FREDERIC I. ERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff(s) 2048347 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Ewa 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 Services, N.A. f/k/a Bank of America 275 S. VALENCIA AVE. BREA, CA. 92823 VS. GARY K RHODES 2108 CEDAR RUN DR--APT # 202 CAMP HILL PA 17011-7479 COURT OF COMMON PLEAS CUMBERLAND COUNTY p &,_yaa? DOCKET NO. NOTICE t71rr, rt_? c m C r v ?V tJ r? YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL-ACTION 1. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 2. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 3. The defendant (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account, if available, 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 $28,258.86. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $28,258.86 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 6. Defendants last payment on account was made on 3/14/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $28,258.86 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W NBER , ESQUIRE JOEL M. FLINK, IRE Attorney for Plaintiff P01A 5 P VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4944 relating to unsworn falsification to authorities. FREDERIC I. WE NBERG, ESQUIRE EXHIBIT "A" 2054 2048347 FIA Card Services, N.A. f/k/a Sank of America GARY K RAOD88 4888931996399767 AFl?InAVIT I, 0 IRCL , being duly served sworn according to law, depose and may that; 1. I am the agent for the plaintiff herein and I have custody and control of the files relating to this accounts 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 4888931996399767in the account of $28,258.86; 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. 0. = (Name of Affiant) Sworn to and Subscribed `??? ,` before me this day ,????k,.' "p'T?1kk?4; ? 1• % ?A r ''' of , 2008 Z C o a 'Q 3 (1)()Itl,l,1 DEC 17.2010 ti~ ?3 ? L . a U? LP ? Notary Publ \ ":,c CJ ? ? O ''?` O C7 4? W U1 (A x, w SHERIFF'S RETURN - NOT SERVED -CASE NO: 2008-04009 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIA CARD SERVICES N A VS RHODES GARY K R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: RHODES GARY K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT RHODES GARY K 2108 CEDAR RUN DR, APT 202 CAMP HILL, PA 17011-7479 PFR NEIGHBOR. DEFENDANT WAS HOME DURING NUMEROUS NOT SERVED , as to ATTEMPTS BUT WOULD NOT ANSWER THE DOOR. Sheriff's Costs: So answer Docketing 18.00 Service 60.00 Affidavit .00 R. Thoma Kline Surcharge 10.000 Sheriff of'Cumberland County lill8]o4 / 88.00 GORDON & WEINBERG 11/13/2008 Sworn and Subscribed to before me this day of A. D. I mom= 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 Services, N.A. f/k/a Bank of America VS. GARY K RHODES 2048347 '..2 r° a --, rn _D . COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-4009 PRASCIPB TO WITBDPJW C06 PLhXW TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC I. EINBER , ESQUIRE JOEL M. FLIN RE Attorney for Plaintiff P006 CERTIFICATION OF SBRVICE I, FREDERIC I. NEINSERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Withdraw Complaint to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I. INBERG, ESQUIRE Dated P( k I ( v