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Home My WebLink About09-8856 2070867 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. 600 Broadhollow RD Melville NY 11747 vs. LARRY L COY 12 CREEKSIDE LN CARLISLE PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : N - 8 85(o O.V11 pry 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 or Affidavit 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 November 12, 2009 in the amount of $8,594.24. 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 9/17/08. WHEREFORE, plaintiff claims of the defendant(s) the sum of $8,594.24 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EFABERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A r LARRY L COY 2070867 FIA CARD SERVICES, N.A. 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. 54904 which provides for certain penalties for making false statements. NAe? V A. Op' ?Qy Q?+ti. N o rq?,,9c ? tic - o' EXHIBIT "A" b LARRY L COY State of North Carolina County of Guilford S S § AFFIDAVIT I, ?aS , being duly served sworn according to law, depose and say that: 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 $8,594.24 plus interest of $.00 at the rate of 08 less credits in the amount of $.00 totaling $8,594.24 as of October 27, 2009. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and information and belief. of my knowledge, before this day of t9l /.--2-M9, P. R?C?h°?,?? .c A = Sworn to and Subscribed ;?T-- 2070867 FIA CARD SERVICES, N.A. 0 ?= r py "1 u K] 0' $9a.00 Po A`rr4 C-.-# laoto'2a ea.As5o f SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ?p's?ttt' of ?,zuf+brr/?fd M7OTAi 2019 JAN -9 Ph 2: 28 CUMLI:h' FIA Card Services vs. Case Number Larry L. Coy 2009-8856 SHERIFF'S RETURN OF SERVICE 12/31/2009 03:21 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 31, 2009 at 1521 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Larry L. Coy, by making known unto himself personally, at 12C Creekside Lane, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 January 04, 2010 SO ANAWERS W' NY R ANDERSON, SHERIFF By 1 I DejMtVy Sheriff (ci Cou?-.fySuite Shenff, Teieosu't. Inc. FIA CARD SERVICES, N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW C-, vs. NO. 09-8856 CIVIL ~ O LARRY L. COY ; ~ ~~ '`.~ - ; , , Defendant , 3- ~_ r ~ c~ ; ~ _ `~' ~ ,_ - ._,_, IN RE: DEFENDANT' S MOTION TO COMPEL ARBITRATION .r ='" `-~ RULE TO SHOW CAUSE t-~ ?' AND NOW, this Z ~" day of January, 2010, upon consideration of the foregoing petition, it is hereby ordered and decreed as follows: 1. A rule is issued upon the plaintiff to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; 4. depositions shall be completed within Z o days of this date; 5. argument shall be scheduled if requested in any answer; and 6. notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, ~ ` /7 / Hess, P.J. ~y / rn.~ c ~- ~ ~~~~ ~.ea ~ f ~~ cv ~~ 2070867 ~~ ~LJ..~ ~vFlq~l-11~~ {~ 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 za~a~~i~-~ a~~~~: os ~, ;jY ~'~l,, .~`~i~i '1'~' ',1~ FIA CARD SERVICES, N.A. vs. LARRY L COY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 09-8856 PLAINTIFF' S REPLY TO NEN N~-TTER 1. Denied. This averment is a conclusion of law which requires no response under the applicable Rules of Civil Procedure. However, this averment is denied and strict proof thereof is demanded at the time of trial. 2. Denied. The amount claimed in plaintiff's complaint is due and owing. Therefore, it is denied and strict proof thereof is demanded at the time of trial. 3. Denied. After reasonable investigation plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. Therefore, it is denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff demands damages against the defendant(s) as set forth in plaintiff's Complaint. GORDON & WEINBERG, P.C. BY: FREDERIC INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff ..~ VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action and verifies that the statements made in the foregoing pleadings 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. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. ESQUIRE ~~ CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Reply to New Matter, via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I. WEIN ESQUIRE Dated: ~/( ~'~l (~