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Home My WebLink About10-0348s A 2070559 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 n r o v o ? y w , j t -n '5 c - 7 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA 1825 E. BUCKEYE RD. PHOENIX, AZ. 85034 vs. BRYAN J GABNER 6 PLAINVIEW RD CAMP HILL PA 17011-7928 w ?? COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10 - 348 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 44a.00 QA AT q CO 10031l/g7`73a a3(o a,5s 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 6, 2009 in the amount of $4,780.52. 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 12/16/08. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,780.52 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINB , ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A t 2070559 09344194 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA BRYAN J GABNER 4888936990276697 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. Zan, O•? ??NE ,L?g9s®`?. NAM _ Natif ' G A+ ?v??a ?iaP• ; cn OG?m 241q J ``.i,041.,? FOFt? .O?••• EXHIBIT "A" 2054 2070559 09344194 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA BRYAN J GABNER 4888936990276697 AFFIDAVIT I, `) aSon &13. , 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 $4,017.56 plus interest of $762.96 at the rate of 0% less credits in the amount of $.00 totaling $4,780.52 as of October 9, 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. AFFIkN? Sworn to and Subscribed to (or affirmed) before,me thi&?qlh- day of Ocf , 2009 Pie t me on the basis of satisfactory evidence to be the per (s) appeared before me. Signature ° °???,,,??Seal ) 44, .°•• QP? 99 ?'•. P100.1 F XPr-?xP 0(om. ?, ? ??B•p1,20j4 2? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson f Sheriff F T I Jody S Smith Cot? pt Cugrb'Pr Chief Deputy 2010 Mil 29 r. C Edward L Schorpp Solicitor Cl N/1' oFFI(E OF THE SHERIFF ?. - FIA Card Services vs. Case Number Bryan J. Gabner 2010-348 SHERIFF'S RETURN OF SERVICE 01/22/2010 06:18 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on January 22, 2010 at 1818 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Bryan J. Gabner, by making known unto Nina Gabner, Wife of defendant at 6 Plainview Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 January 25, 2010 SO A O Y R ANDERSON, SHERIFF By Deputy Sheriff (c} CountySuite Sheriff. Teleosoft. Inc. Defendant BRYAN GABNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, BANK OF AMERICA Case No.: 10-348 Civil Term Plaintiff, VS. CIVIL ACTION - LAW BRYAN GABNER Defendant. N _a O wwN'' fY ANSWER AND NOW, this 29th day of January, 2010, comes the defendant BRYAN GABNER, who admits, denies, and alleges as follows: 1. Defendant, BRYAN GABNER, admits to the facts contained in paragraph one, that he was the holder of a credit card, issued by plaintiff. 2. Defendant, BRYAN GABNER, admits facts alleged in paragraph two, he accepted and used said credit card and agreed to perform the terms and conditions of a credit card agreement. 3. Defendant, BRYAN GABNER, admits facts alleged in paragraph three that he received and accepted goods, merchandise, and/or cash advances through the use of the credit card 4. Defendant, BRYAN GABNER, does not have sufficient information to admit or deny facts alleged in paragraph four that all credits to which he is entitled have been applied, but denies a balance due of $4780.52. 5. Defendant, BRYAN GABNER, admits facts alleged in paragraph five that the plaintiff has made demand for payment, but denies that he has refused to pay the same. 6. Defendant, BRYAN GABNER, admits facts alleged in paragraph seven that his last payment on the account was made on 12/16/2008. WHEREFORE, the defendant respectfully requests this honorable court enter judgment in favor of the defendant and that Complainant take nothing by said Complaint; that Defendant recover its cost of action herein; and such other relief as the Court may deem proper. Respectfully submitted, DATED: January 29 2010 Defendant BRYAN GABNER VERIFICATION I, Defendant, BRYAN GABNER, verify that the facts set forth in this answer are true and correct to the best of my knowledge, information, and belief DATED: i bq //0 Defendant BRYAN GARNER. FIA CARD SERVICES N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :MM rn ry] vs. NO. 10-0348 CIVIL ?r- .7- -o -, -<> -- c; BRYAN J. GABNER, v ;jcp Defendant =CD z C3 -n ORDER AND NOW, this day of September, 2011, the appointment of a Board o f Arbitrators in the above-captioned case is VACATED. Margaret Stuski, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, Kevin Hess, P. J. V Margaret Stuski, Esquire ? Court Administrator :rlm ?'tpy w led ed q 1/ q/ll RX,( Buell' Prothonotary /7}�,��' fnf�/ office O� t/2e � /u�/lo��o,",. .� � /�u�% County, ' ~—. --. _'—.�. —. ~—o`—~Q Solicitor 01) __3«0:1 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH BY THE COURT, DAVID D. 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