HomeMy WebLinkAbout08-6091IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIA CARD SERVICES, N.A
300 St. Paul Place
Baltimore, MD 21202
VS.
E MARIAN BRINKLEY
16 S ENOLA DR
ENOLA PA 17025-2722
: CIVIL ACTION
Plaintiff :
NO: 08 - &09
3,'t l Te(,,,
Defendant :
NOTICE TO DEFEND
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 to
Defend are served, by entering a written appearance personally or by an 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 judgment 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.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE.
MIDPENN LEGAL SERVICES
401 EAST LOUTHER STREET
CARLISLE, PA 17013
717-243-9400
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIA CARD SERVICES, N.A.
300 St. Paul Place
Baltimore, MD 21202
Plaintiff
VS.
E MARIAN BRINKLEY
CIVIL ACTION
NO: 0s -G 09I T211-1
16 S ENOLA DR
ENOLA PA 17025-2722
Defendant
COMPLAINT
Plaintiff, FIA CARD SERVICES, N.A., by and through its attorneys, Edwin A.
Abrahamsen & Associates, P.C., complains of the Defendant as follows:
1. Plaintiff, FIA CARD SERVICES, N.A., (hereinafter "Plaintiff') is a Delaware
corporation with a principal place of business located at 300 St. Paul Place, Baltimore, MD
21202.
2. The Defendant E MARIAN BRINKLEY (hereinafter "Defendant") is an adult
individual residing at 16 S ENOLA DR ENOLA PA 17025-2722.
3. At all relevant times herein, Plaintiff was engaged in the business of extending
credit to potential clients.
4. Defendant applied for and received a credit card issued by Plaintiff with the
account number 74974999646901.
5. Use of the FIA CARD SERVICES, N.A. credit card was subject to the terms and
conditions of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent
along to the Defendant with the credit card and/or personal loan. A copy of this document has
been requested from Citifinancial, and will be provided upon receipt.
6. Defendant accepted the credit card and/or loan offered by Plaintiff with account
number, 74974999646901. Use of the credit card and/or personal loan in this manner constituted
acceptance of the terms and conditions and subjects the Defendant to the terms and conditions
contained therein.
The Defendant was mailed monthly account statements relative to the Defendant's
use of the subject credit card and/or personal loan.
The Defendant defaulted under the terms of the Agreement by failing and refusing
to make monthly payments on the account as they became due.
9. The account became delinquent on August 4, 2007.
10. The principal amount was $$9,193.88 at the time of charge-off.
11. Pursuant to the account agreement, any unpaid balance accrues interest at the
contract rate of 6%.
12. The principal amount was $9,193.88 at the time it was received by Plaintiff.
13. The total amount due and owing the Plaintiff including interest, is $9,332.92.
14. Pursuant to the terms of the Agreement, Defendant is liable to Plaintiff for court
costs and reasonable attorney's fees.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the
amount of $9,332.92 plus costs of suit, reasonable attorneys' fees and any other relief as the Court
deems just and appropriate.
Respectfully submitted,
Edwin A. Abr sen & Assoc.
Michael F. chford, Esquire
Heather oodruff, Esquire
Attorney I.D. Nos.: 86285/207805
1729 Pittston Avenue
Scranton, PA 18505
mratchford@eaa-law.com
hwoodruff@eaa-law.com
. . • U
VERIFICATION
I, Michael F. Ratchford, attorney for Plaintiff,FIA CARD SERVICES, N.A., am fully
familiar with the facts set forth in the within Complaint and am authorized to make this
Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are
true and correct to the best of my knowledge, knowing that any false statements are punishable
by law pursuant to 18 C.S.A. 4904.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-06091 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIA CARD SERVICES N A
VS
BRINKLEY E MARIAN
NOAH CLINE
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BRINKLEY E MARIAN the
DEFENDANT
at 0019:45 HOURS, on the 14th day of October , 2008
at 16 S ENOLA DR
ENOLA, PA 17025-2722
E MARIAN BRINKLEY
by handing to
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 15.00
Affidavit .00
Surcharge 10.00
/? 00
In/tL1bP Y", 43.00
Sworn and Subscibed to
before me this
So Answers:
R. Thomas Kline
10/15/2008
EDWIN ABRAHAMSEN
By: day 'Deputy Sheriff
of A. D.
David (D. Bueff
Prothonotary
KirkS. Sohonage, ESQ
Solicitor
WSnee X Simpson
Ft Deputy Prothonotary
Irene E. Morrow
2'd Deputy Prothonotary
Office of the 1Trothonotary
Cumberland County, Tennsy(vania
DA -I'm n V -CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 2ST" DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P 230.2
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 9 Suite 100 • CarCsle, PA 17013 • (717) 240-6195 • Tax (717) 240-6573