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Home My WebLink About09-77952065392 THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY:?4"REDERIC 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 1825 E. BUCKEYE RD. PHOENIX, AZ 85034 Vs. ASSESSMENT OF COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-r/`jg5 (21VilTem RICHARD D SHAW 111 CHANNEL DR CARLISLE PA 17013-1208 NOTICE YOU HAVE BEEN SUED :N 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 September 15, 2009 in the amount of $9,230.81. 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 4/30/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $9,230.81 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. t7<? BY: FREDERIC I. EINBERG, ESQUIRE JOEL M. F INK, ESQUIRE Attorney for Plaintiff a 2065392 09201527 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA RICHARD D SHAW 374631999605546 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 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. '?Z? NAME ''??• y p,. R I Cyq y?. 'OU G? ••. B L IG G • ; coo IZA a`P vA, E„?_H1RIT "P." 2054 2065392 09201527 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA RICHARD D SHAW 374631999605546 I, G law, depose and say that: AF,FFJPAVIT , being duly served sworn according to 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. There is now due and owing from defendant to plaintiff, the amount of $7,942.10 plus interest of $1,288.71 at the rate of 0% less credits in the amount of $.00 totaling $9,230.81 as of July 31, 2009. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true an orrect to the best of my knowledge, information and belief. AFFIANT Sworn and Subnribed to (o affirmed) '•v u...h R I Chq •,`. Signature .?{??15'•.•.,'•90?"s AQ . NOTAgy Z ?,_ P100 .1 r v--- l? aU 'OUBLIG ;G?•. G• before this day o ? 2009 by Proved to me on the basis of satisfactory evidence to be the per (s) w Vaared before me. •.u? ) 11.1 FLU` ro ?? Y _?F THE 7U^?,niT 2009 R0,V 10 A'M 0-* 30 *118. so Po ATr j cv,*gago5 RT* 2 33a-7 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff OF 11:9 I6 ?a?ptr ?t ?utNbrfif??? Ronny R Anderson Chief Deputy 2009 NOV I 1 API 6q Jody S Smith Civil Process Sergeant OFFICE '-E suERIFr ) Edward L Schorpp Solicitor FIA Card Services vs. Richard D. Shaw Case Number 2009-7795 SHERIFF'S RETURN OF SERVICE 11/13/2009 04:15 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November 13, 2009 at 1615 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Richard D. Shaw, by making known unto Linda Shaw, wife of defendant at 111 Channel Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 November 16, 2009 SO ANSWERS, ro--O*A'Q? 10&?- R THOMAS KLINE, SHERIFF By" De y S eriff ;C COIIntySURIP Shenff. Teieosoft. Ir,C. ~' 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 ~ a 484/351-0500 ?; ° ~- ' `~` _ ~ ~ n~ , .~. FIA CARD SERVICES, N.A. F/K/A COURT OF COMMON PLEAS ==~':' ` ~ w ,c BANK OF AMERICA CUMBERLAND COUNTY -~.", ~: T ~-. ~_ r ? c7 ~~rn ~ w - vs. DOCKET NO. 09-7795 RICHARD D SHAW PRAECIPE FOR ENTRY OF JUDC~NT FOR WANT OF AN ANSWER. ASSESSMR..I~TT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: 2065392 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 Less: Payments on Account $9,230.81 5.00) ~~~.oo Pp pn'1 ~`~ b185'1 Q~oZ3(O oZ~B Total: $9,230.81 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: N~fi~ N~i~l 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, RICHARD D SHAW, 111 CHANNEL DR, CARLISLE PA 17013-1208. 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 years of age. aoio AND NOW, this ~_ day of ~ ,~2~9'~ Judgment l is entered in favor of the plaintiff(s) and ag inst defendant(s) by default for want of an answer and damages assessed at the sum of , $9,230.81 as per the above c tificati Proth ary GORDON & WEINBERG, P.C. BY : ~/~ FREDERIC WEI BERG, ESQUIRE JOEL M. F N 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 2065392 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA vs. RICHARD D SHAW TO/PARK COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 09-7795 NOTICE OF INTENTION TO TARE DEFAULT RICHARD D SHAW 1 ] ] CHANNEL DR CARLISLE PA 17013-1208 DATE OF NOTICE/FECHA DEL AVISO: December 4, 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 PROPERTY 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. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERIC WE BERG, ESQUIRE JOEL M. FL NK, ESQUIRE P10D-2 k 2065392 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. RICHARD D SHAW 111 CHANNEL DR CARLISLE PA 17013-1208 DOCKET NO NOTICE 09-7795 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. LXL Judgment by Default $9,230.81 ~[ Money Judgment $ f~ Judgment on Award of Arbitrators$ ,~ 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 PROTHONOTAR