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Home My WebLink About10-02382070489 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 rr' ° rz JOEL M. FLINK, ESQUIRE -- to - i Identification No.: 41200 e`: 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 c w prn 484/351-0500 0 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA 1825 E. BUCKEYE RD. PHOENIX, AZ 85034 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. MATT J RUTTER 2433 ROLLING HILLS DR MECHANICBURG PA 17055 DOCKET NO. : 10-d.38 CiVil lt°t'IY1 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 *ga.oo Pts Al-N cal 1003WO/ q/7goa ert a-SSgys 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 5, 2009 in the amount of $6,815.39. 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 11/25/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $6,815.39 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. IN RG, ESQUIRE JOEL M. FLINK, SQUIRE Attorney for Plaintiff P01A ._ 2070489 09341332 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA MATT J RUTTER 4888931996840653 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. NAME a? i? a? it 2054 MATT J RUTTER 4888931996840653 2070489 09341332 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA AFFIDAVIT I . being duly served sworn according to law, depose an say t at: 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 $6,069.52 plus interest of $745.87 at the rate of 0% less credits in the amount of $.00 totaling $6,815.39 as of October 7, 2009. 6• If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. ?2? AFFIANT Sworn to and Subs rIbed to (or affirmed) before e thi R day of O x-;r' 2009 by obin ' Proved b to me on the basis of satisfactory evidence to e the pers (s) who a e before me. Signature P100.1 7, j 4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor FIA Card Services vs. Matt J. Rutter F!I ED ?, t t ??? Te it F j"?I1 t ti?l{?T71P I - d 2010 J0 14 PM 2' 21 ?0t II I I Case Number 2010-238 SHERIFF'S RETURN OF SERVICE 01/12/2010 08:11 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2010 at 2011 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Matt J. Rutter, by making known unto himself personally, at 2433 Rolling Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 January 14, 2010 SO A WERS V NY R ANDERSON, SHERIFF By Deputy Sheriff Rutter 2433 Rolling Hills Drive Mechanicsburg, PA 17055 Re: FIA Card Services, N.A. F/K/A Bank of America 1825 E. Buckeye Rd. Phoenix, AZ 85034 VS. Matt J Rutter 2433 Rolling Hills Drive Mechanicsburg, PA 17055 January 25, 2010 Court of Common Pleas Cumberland County Ca d ` a n ? rn ? Docket No.: 10-238 Civil kn -- • ' N -? ; mil ` Zar ?-tC> ?- "r7 7 rn o rv ANSWER: By way of this response I am acknowledging that this is in fact my debt. I would also like to take this opportunity to explain the primary reason for my financial hardship, as well as the steps I am taking to resolve my debt. I am a Sales Account Executive with three components to my income which include salary, commissions, and annual bonus. It was announced in late 2008 that all Account Executives would be loosing their 2009 Annual Bonus, and based off of my personal scenario, that was a dramatic $27,500 loss of income. The future of our bonus program has not yet been resolved. As a result of the above stated situation, I am presently enrolled in a Debt Solution Program with Beacon Debt Solutions working to resolve my debt. Sincerely, Matthew J -;// 2-110 of c0 M David-D. Buell e p Renee 7 Simpson Prothonotary .� D 1st Deputy prothonotary v \!„2e_ �U O �irkS. Soho e ES ' ‘.7:74W y Qa Irene E. llorrow Solicitor 7750 2nd Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania lO 0.238 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,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 • Suite 100 • Carlisle, PA 17013 • (71 7)240-6195 • Ea.,(717)240-6573