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Home My WebLink About10-2944s 2057865 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. N GORDON & WEINBERG, P.C. n ° BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.. 41360 ' ' JOEL M. FLINK, ESQUIRE w ` Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 w FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA 1825 E. BUCKEYE RD. PHOENIX, AZ. 85034 Vs. ARLENE E PATRICK 99 WILLOW MILL PARK RD MECHANICSBURG PA 17050-1761 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : It) -Mqy 0'-w z I. iem 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 O Ga.00 PO A-TTI (ca5Qa aylso/ 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 12/29/09 in the amount of $5,078.74. 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 11/19/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $5,078.74 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EIN RG, ESQUIRE JOEL M. FLI SQUIRE Attorney for Plaintiff P01A M AR1J= E PATRICK 4889937991383417 2057865 08381385 FIA CARD SERVICES, OF AMERICA VERIFICATION N.A. F/K/A BANK 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 IS Pa.C.S. 54904 which provides for certain penalties for making false statements. J'?Oa-'b" -not I, 1 f! i iJ \? ,•i•*'?1H1 J,71lttl?'O EXHIBIT "A" 2054 2057865 08381385 FIA CARD M ICES, N.A. S/K/A BANK OF AMERICA ARLEM E PATRICK 4888937991383417 A"JDAVIT I, 'i ys 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 #5,078.74 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $5,078.74 as of January 11, 2010. 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. A"IANT Sworn to and SubscrAbed to (or affirmed) before me this ?`- day of _ .r 20& by -? ... Proved t6 Ift-6ti r'kiasia of satisfactory evidence to be the persg6') who ,dV "ad before me. Signature P100.1 'tlo 1 ?f3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward I_ Schorpp SOIIC/tOr ~~ n~., ~Y ~rtu~b~t'/~~,~ pF~7~ F';~F "~.e 6rEF7FF ~~ ;~. ~; , 2QiQ ~~~:Y ~G ~i`'i c~~ ~ 7 p ~.1 ~ i t'(~'~I ii~~ ~~rY !f~ FIA Card Services Case Number vs. Arlene E. Patrick 2010-2944 SHERIFF'S RETURN OF SERVICE 05/19/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Arlene E. Patrick, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Arlene E. Patrick. Chuck Hilmer, current resident of 99 Willow Mill Park Road, Mechanicsburg, PA 17050 advised Deputies Arlene E. Patrick does not reside at that location. However, The Mechanicsburg Postmaster is delivering Arlene E. Patrick's mail to 99 Willow Mill Park Road, Mechanicsburg, PA 17050. SHERIFF COST: $42.00 SO ANSWERS, May 19, 2010 RON R ANDERSON, SHERIFF i~l Ge~.nySuite She~`F. Te~easott. tnc. ' ;0 THCIN0TAR 2057865 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 LiI! SEA' -2 PM 2: G9 T,1BERLAN0 COUNT`S PENNSYLVANIA FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA VS. ARLENE E PATRICK 202 N ARCH STREET MECHANICSBURG PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-2944 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Plaintiffs' Complaint in Civil Action in the above-captioned matter for an additional thirty (30) days. GORDON & WEINBERG, P.C. BY: FREDERIC I. EINBERG ESQUIRE JOEL M. FLIN E RE Attorney for Plaintiff(s) c ? 1.6:5 7 SHERIFF'S OFFICE OF CUM ARLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FIA Card Services I Case Number vs. 2010-2944 Arlene E. Patrick SHERIFF'S RETURN OF SERVICE 09/07/2011 08:44 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 7, 2011 at 2044 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Arlene E. Patrick, by making known unto herself personally, at 202 N. Arch Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. GELD WORTHINGTO EPIJTY SHERIFF COST: $38.00 September 08, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF r "It'd c 0 NJTi%I 1, r? GORDON & WEINBERG, P.C. ,TIBERLAND COUNITY BY: FREDERIC I. WEINBERG, ES YLVANIA Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2057865 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA VS. ARLENE E PATRICK COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-2944 PRRECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) ARLENE E PATRICK above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $5,078.74 Costs (Complaint & Service) $182.00 Less: Payment on Account ( $.00) Total: $5,260.74 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, ARLENE E PATRICK, 202 N ARCH STREET, MECHANICSBURG PA 17055. _ J Cl? ? Sg? t3 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. AND NOW, this day of ?V 2011 Judgment is entered in favor of the plaintiff.(s) and against defendant(s) by default for want of an answer and da es assessed at the su of , $5,260.74 as per the above certificate Prothonotar .? GORDON & WEIN ERG, P.C. BY: FREDERIC CLiN WE NBERG, ESQUIRE JOEL M. ESQUIRE Attorney r Plaintiff 2057865 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. ARLENE E PATRICK 202 N ARCH STREET MECHANICSBURG PA 17055 DOCKET NO. : 10-2944 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. /X/ Judgment by Default $5,260.74 f 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 PROTHONOTAR 2057865 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 Vs. ARLENE E PATRICK TO/PARA COURT OF COMMON PLEAS OUMBERLAND COUNTY DOCKET NO. : 10-2944 NOTICE OF INTENTION TO TAKE DEFAULT ARLENE E PATRICK 202 N ARCH STREET MECHANICSBURG PA 17055 DATE OF NOTICE/FECHA DEL AVISO: September 28, 2011 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 I. OlN$ERG, ESQUIRE JOEL M. FL N ESQUIRE P10D-2