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Home My WebLink About09-2002 2057459 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 1825 E. BUCKEYE RD. PHOENIX, AZ 85034 Vs. KAREN L ALLEN 114 S 2ND ST 1ST FLOOR LEMOYNE PA 17043-1312 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : Oq- aooa at y i t lem 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 as of January 27, 2009 in the amount of $29,649.94. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due 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 9/19/200. WHEREFORE, plaintiff claims of the defendant(s) the sum of $29,649.94 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI ERG, ESQUIRE JOEL M. FLIN , ESQUIRE Attorney for Plaintiff P01A 10 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. WEIN ERG, ESQUIRE EXHIBIT "A" STATE OF Georgia ) COUNTY OF Cobb ) FIA CARD SERVICES, N.A. LL06 V. KAREN L ALLEN AFFIDAVIT OF ACCOUNT Q 05 79 s`/ COMES NOW, Christie McElreath, and after being duly sworn before the below person authorized to administer oaths states the following: 1. I am over 18 years old and sui 'uris. 2. I am agent for FIA CARD SERVICES, N.A. LL06. 3. I am familiar with the books and records of the Plaintiff. 4. These books and records are kept in the ordinary course of business. 5. The agreement attached hereto is true and correct. 6. The Defendant (s) owe (s) the principal sum of $29,649.94. 7. I know no liability insurance, bond or other security which may be available to pay this debt. The Defendant (s) account number for which he owes the debt is 4888931995940389. 9. The Defendant (s) is/are not a minor nor an incompetent person. 10. Affiant has no knowledge of whether the Defendant (s) is/are on active duty in the military. 11. The Defendant (s) is/are past due on this account and in breach of the contractual agreement to pay as agreed. C Agent Christie McElreath FIA CARD SERVICES, N.A. LL06 Sworn to and subscribed before me this,& of , 2009. wA s?yl NOTARY PUBLIC My Commission Ex O TAR -?'? " GORDON & WEINBERG, P?' EXPIRES =0 08481731 GEORGIA _ '7- DEC. 17, 2010 0" (^?`, KAREN L ALLEN 114 S 2ND ST 1ST FLOOR LEMOYNE PA 17043-1312 ACCOUNT NUMBER 4888931995940389 FIA CARD SERVICES, N.A. LL06 BALANCE AS OF PAYMENT DUE DATE January 16, 2009 PAST DUE MINIMUM PAYMENT PAYMENT ENCLOSED $29,649.94 S Make Checks Payable to Bank of America, N.A. (USA) Ni88A= FROM BANK OF MMRXCA, N.A. (USA) YOUR ACCOUNT WITH FIA CARD SERVICES, N.A. LL06IS PAST DUE $29,649.94. THE PAST DUE AMOUNT IS INCLUDED IN THE MINIMUM PAYMENT. THE PAST DUE AMOUNT INCLUDES THE ORIGINAL PRINCIPAL BALANCE OF $29,649.94. PLEASE REMIT IMMEDIATELY. IF YOU HAVE ALREADY SENT A PAYMENT FOR THE ABOVE AMOUNT, THANK YOU. J 4 ry r.a r * - ? tl v' Shea iff s Office of Cumberland County R Thomas Kline trt+ +r16rr?0 Edward L Schorpp Sheri Solicitor Y Ronny R Anderson Jody S Smith Chief Deputy OFFICE CF THE S IIERIFr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/06/2009 04:55 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 6 2009 at 1655 hours, he se ed a true copy of the within Complaint and Notice upon the within named defendant, to wit: Karen L. Allen by making known unto Angela Richcreek, daughter of defendant, at 114 S. 2nd Street 1st Floor, Lem oyne, Cumberland County, Pennsylvania, 17043 its contents and at the same time handing to her persona lly the said true and correct copy of the same. SHERIFF COST: $42.40 April 07, 2009 Docket NO. 2009-2002 FIA Card V Karen Allen SO ANSWERS, r R THO AS INE, SHERIFF puty Sboriff FAD-4aFi CAF THE P€ OPI-nI OTARY 2009 APR -9 PM 2: 16 CUt ;` 'NT Y 2057459 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA VS. KAREN L ALLEN COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-2002 PRAECIPE FOR ENTRY OF JUDGNMT FOR WANT OF AN ANSWXR, ASSESSM MT OF DAMUMS VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal Total: $29,649.94 $29,649.94 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: FIA CARD SERVICES, N.A.F/K/A BANK OF AMERICA and that the last known address of defendant, KAREN L ALLEN, 114 S 2ND ST--1ST FLOOR, LEMOYNE PA 17043-1312. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 a years of age. AND NOW, this :Z044 day of M&V , 2009 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $29,649.94 as per the abov certificate . P ryl--" GORDON & WEINBER'G,,?P.C. BY: l FREDERIC I. WE ,YNBERG, ESQUIRE JOEL M. FLI , ESQUIRE Attorney for Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2057459 FIA CARD SERVICES, N.A. F/K/A BANCOURT OF COMMON PLEAS OF AMERICA CUMBERLAND COUNTY VS. KAREN L ALLEN DOCKET NO. 09-2002 NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA KAREN L ALLEN 114 S 2ND ST--1ST FLOOR: LEMOYNE PA 17043-1312 DATE OF NOTICE/FECHA DEL AVISO: Apri1'2$, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,--A-JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE.YOUR;.PROEERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BDDFORD STREET CARLISLE; PA:17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: ?v FRED ERVFLINK, INBERG, ESQUIRE JOEL MP10D-2 ESQUIRE FMEL-m Y ?Ry T r^ , TA C 2909 h. Y 20 P 2. "13 ,.";Ty " . * 14• oo Po AT7`l CO sloa5 aa5 yy3 kofue. ?A" 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 2057459 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA VS. KAREN L ALLEN 114 S 2ND ST--1ST FLOOR LEMOYNE PA 17043-1312 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-2002 NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. /Xl Judgment by Default $29,649.94 L_L Money Judgment $ Judgment on Award of Arbitrators$ f? Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 FfFO-THONOTAWft---'