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Home My WebLink About09-0429IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES NA Plaintiff VS. JOHN E BEVINS Defendant No. cA - if aq 0'.j j V"[ Ier*A COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, P.A.I.D.# 42524 Weltman,Weinberg & Reis Co.,L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412)434-7955 Fax: 412-338-7130 WWR#6098309 IN THE COURT OF COM)?ION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES NA Plaintiff vs. Civil Action No. JOHN E BEVINS Defendant COMPLAINT IN CIVIL ACTION AND 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 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices in 2727 PACES FERRY RD,#1400 ATLANTA, GA 30339-0000 . 2. Defendant is an adult individual residing at 102 W HIGH ST #405 CARLISLE,PA 17013. 3. Defendant applied for and received a credit card issued by Bank of America bearing the account number 9690. 4. Contract was subsequently assigned to Plaintiff. 5. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of NOVEMBER 24 2008, in the amount of $ 7,204.78. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 6. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 7. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of Q.00% per annum on the unpaid balance. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, JOHN E BEVINS individually, in the amount of $ 7,204.78 with continuing finance charges thereon at the rate of jD00% per annum from NOVEMBER 24 2008 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. rodt, P.A.I.D.# 252 Weltm ein erg & Reis Co.,L.P.A. 436 Sev nth venue, Suite 1400 Pittsbu gh, P 15219 (412)4 4-7 55 Fax: 12 38-7130 WWR#:6098309 "1eeR I RA R D S VISA' Peparedfor.' JOHN E BEVINS 4178 0610 0019 9059 January 2007 Statement Credit Line: $5,000.00 Cash or CreditAvai/ab/e: BankofAmedca e Summary of Transactions Billing Cycle and Payment Information Previous Balance $6,162.86 Days in Billing Cycle 32 Payments and Credits - $0.00 Closing Date 01/02/07 Cash Advances + $0.00 Purchases and Adjustments + $39.00 Payment Due Date 01/27/07 Periodic Rate Finance Charges + $176.81 Current Payment Due $277.00 Transaction Fee Finance Charges + $0.00 Past Due Amount + $1,515.68 New Balance Total $6,378.67 Total Minimum Payment Due us= www.oanKoiamerica.com Mail Payments to: BANK OF AMERICA P.O. BOX 15726 WILMINGTON, DE 19886-5726 Mail Billing Inquiries to: BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-5026 Call toll-free 1-800-622-8322 TDD hearing-impaired 1-800-222-7365 Posting Transaction. Reference Account Purchases and Adjustments Date Date _ _Number _ Number Category Amount LATE FEE FOR PAYMENT DUE 12/28 12128 - „12/28 6162 C 39.00 Cate or c;ormsponding Annual Balance Subject to g y Periodic Rate Fercentage Rate Finance Charge Cash Advances A. Balance Transfers, Checks 0.088328% DLY * 32.24% $0 00 B. ATM, Bank 0.088328% DLY * 32.24% . $1 012.66 C. Purchases 0.088328% DLY ` 32.24% , $5 242 66 Annual Percentage Rate for this Billing Period: , . (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) 32.24% Periodic Rate May Vary OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS TO HELP YOU BRING YOUR ACCOUNT BALANCE UNDER THE CREDIT LIMIT, WE HAVE BEGUN TO WAIVE YOUR OVERLIMIT FEE. ONCE YOUR BALANCE IS UNDERLIMIT, THE FEE WILL BE REINSTATED IF THE ACCOUNT AGAIN EXCEEDS THE CREDIT LIMIT. 03 0063786700179268000040000004888920017723089 BANK OF AMERICA Check here for a change of mailing address or phone number(s). Please provide all corrections on the reverse side. P.O. BOX 15726 I WILMINGTON, DE 19886-5726 ' ne ?nn?un en???nn?? nn? ACCOUNT NUMBER: 4178 0610 0019 9059 m NEWBALANCE TOTAL: $6,378.67 ° PAYMENT DUE DATE.• 01/27/07 JOHN E BEVINS EntffPryn.Na„wA*&Mbsa s 1 W PENN ST APT 325 CARLISLE PA 17013-2355 Mail this payment coupon along with a check or money order payable to.•BANK OFAMER/CA I: 5 240 2 2 2 50': L 213 600 17 7 2 3013 911' VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is C-- ,x S' r (Name) Owe., h .?.-ly?¢ of _ aaNis ? ALW'-t.? C , plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. .,'"" - (Signature) v WWR#6098309 .? ,,.... , q9o• •z° d _er 9 P?J 7 0. 00 00 9, 00 z r SHERIFF'S RETURN - REGULAR CASE NO: 2009-00429 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIA CARD SERVICES N A VS BEVINS JOHN E AMANDA COBAUGH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon T..r,T,T- T/ TTTT r the DEFENDANT , at 0008:55 HOURS, on the 6th day of February-, 2009 at 102 W HIGH ST 4405 CARLISLE, PA 17013 JOHN E. BEVINS a true and attested copy of COMPLAINT NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of by handing to together with So Answers: 18.00 9.00 .00 10.00 R. Thomas Kline .00 37.00 02/09/2009 WELTMAN, WEINBERG & REIS By. day Deputy She ff A. D. ' co ? `?