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Home My WebLink About10-2976FiUl',? {Rti '. T 20101 s , -4 Ph 2: 05 ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff BB&T FINANCIAL FSB, successor to ` IN THE COURT OF COMMON PLEAS BB&T Bankcard Services, Inc AMANDA R. MARZELLO, NO. Io - aqq( ?,v?l Term Defendant(s) CIVIL ACTION - LAW NOTICE/AVISO YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pa es, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an 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 'udgment may be entered against you by 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, 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 ATA REDUCED FEE OR NO FEE. USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despes de la notificacion de esta Demanda y AVISo radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqua en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBREAGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Os CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 CUMBERLAND COUNTY Plaintiff PENNSYLVANIA ?ga.oo PQ ATrY' e 17q/15&/ ,0 1P BB&T FINANCIAL FSB, successor to BB&T Bankcard Services, Inc. Plaintiff v AMANDA R. MARZELLO, Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW COMPLAINT The Plaintiff, BB&T FINANCIAL FSB, successor to BB&T Bankcard Services, Inc., by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant(s) to recover the sum of SIX THOUSAND TWO HUNDRED NINETY TWO DOLLARS AND SIXTY-ONE CENTS ($6,292.61), along with interest thereon at the rate of 6.00% from February 7, 2010, upon a cause of action of which the following is a statement: 1. The Plaintiff, BB&T FINANCIAL FSB, successor to BB&T Bankcard Services, Inc., is a corporation organized and existing under the laws of the State of Georgia, having its principal office and place of business at 1410 Coulter Drive, Roanoke, VA 24012. 2. The Defendant, AMANDA R. MARZELLA, is an adult individual residing at 404 NORTH ENOLA DRIVE, APT C., ENOLA, CUMBERLAND COUNTY, PENNSYLVANIA 17025-2218. 3. Defendant(s) did apply for a Visa/Mastercard Account with Plaintiff, which Visa/Mastercard Account was opened on or about October 19, 2997. Upon receipt and use of said card Defendant(s) did agree to abide by Plaintiff's terms and conditions of the card as set forth on Plaintiff's Cardmember Agreement. P:AUSF{R\TONYA\COMMON PLEAS CMPS\COMPLAINTS\BBT -BRANCH BANK & TRUS'P\36912.wpd 2 4. Defendant(s) did, at various times, in various places, and for various amounts, avail him/herself of using the card for credit, thereby creating a balance due and owing in the amount of FIVE THOUSAND THIRTY FOUR DOLLARS AND FIFTY-TWO CENTS ($5,034.09) as set forth on Plaintiff's Affidavit attached hereto, marked as Exhibit "A" and made a part hereof. 5. The prices charged for said goods, wares, merchandise, services, and/or labor which Defendant(s) charged on said card were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant(s) promised and agreed to pay. 6. Due to the default of Defendant(s)s, and pursuant to the terms and conditions of the Card member Agreement executed by Defendant(s), collection/attorney's fees in the total amount of ONE THOUSAND TWO HUNDRED FIFTY EIGHT DOLLARS AND FIFTY-TWO CENTS ($1,258.52) have been added to said account. 7. Plaintiff frequently demanded payment from Defendant(s) of said amount due and owing as aforesaid, but Defendant(s) refused and neglected and still refuse(s) and neglect(s) to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant(s) the sum of SIX THOUSAND TWO HUNDRED NINETY TWO DOLLARS AND SIXTY-ONE CENTS ($6,292.61), together with interest as set forth herein. Respectfully subU?d, KODAK & IMB-Lm P.C. 407 North Front Street Box 11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff ID # 18041 AFFIDAVIT 12- BANKCARD APPLICATION AFFIDAVIT VIRGINIA: BB&T Bankcard Corporation A Corporation, Plaintift; Amanda R. Marzella Defendant (s) ) AFFIDAVIT STATE OF VIRGINIA CITY/COUNTY OF RO.ANOKE I, Robin Tate, being and individual over the age of 18 and competent to testify, state and depose as follows: I. That I am an employee of Branch Banking and Trust Company 2. Branch Banking and Trust Company is agent for BB&T Financial FSB Successor to BB&T Bankcard Services Inc. for purposes purposes of collecting this debt. 3.. That the following facts are true: a. that Defendant (s) sent to the Plaintiff a credit card application on October 19, 2007 which stated that the Defendant (s) would be bond by the terms of the VISA/MASTERCARD Agreement which would be delivered to the Defendants (s) at the time of delivery of the credit card (s); b. that Plaintiff issued credit cards (s) to the Defendant (s) pursuant to this application; c. that the credit card (s) issued pursuant to said application contain language stating that use of the card constituted agreement to the terms and conditions set forth in the VISAIMASTERCARD Agreement; d. that Plaintiff also sent to Defendant (s) the VISA/MASTERCARD Agreement at the time the Plaintiff sent the credit card (s) to Defendant (s), which contained the terms governing the use of The card (s); e. that Defendant (s) failed to make payment on the credit card account when due, and said account has been in default since June 15, 2009; and f. that the present balance on said credit card account is $ 5,034.09; and g. that under the terns of the VIS.4dNUSTERCARD Agreement, interest shall continue to accrue at 6.00% from the final billing cycle closing date of January 7, 2010 until the balance is paid in full; 4. That the whole of said amount plus reasonable attorney fees as permitted by law , plus court costs are now due and owing from Defendant(s) to Plaintiff: tiyuwa?nuur, 5 _x The defendant is not now on active military service as defined by the Service Members Civil Relief Act. 'a? V ` ........ OR Based upon my review of the credit application, credit report, and/or other demographical data, the defendant is, upon information and belief, in the military service- SOLEMNLYSWEAR AND AFFIRM and a penalties of perjury that the contents of the fore-going a9it are true to the best of my lmowled e, i ation and ef. q M'V Q Recovery Representative for Branch Banking and Tnist Company ??"'+?•+.,,„„ ?sori6ie and sworn to before me This 9 March 2010 Notary Public My Commission Expires: Z Month, 3 ! Day Acct #4616081100574100 EXHIBIT From: . , , , VERIFICATION Karen Clause Assistant Vice President (name) (title) 04/28/2010 14:10 #484 P.001/004 of BUT FINANCIAL FSB, successor to BB&T Bankcard Services, Inc., verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. BUT FINANCIAL FSB, success o BB&T B rd Services, Inc. By: Dated: April 26, 2010 Title: Assistant Vice Pregident 36912/4616081100574100 MARZELLA SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~Q~,~yp pi ~~urilrcrf,~~~ ,~; ~;.~ „.r ;,..,- ri - Jody S Smith Chief Deputy Edward L Schorpp Solicitor BB & T Financial FSB vs. Amanda R. Marzello Zfi~Q ~'~ ~i' ~u H'1 C7~ 5;~ CVO': _..; Case Number 2010-2976 SHERIFF'S RETURN OF SERVICE 05/17!2010 05:39 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2010 at 1737 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Amanda R. Marzello, by making known unto herself personally, at 404 North Enola Drive Apartment C, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 May 18, 2010 ~~_ RYAN BURGE TY SO ANSWERS, ~ RON R ANDERSON, SHERIFF ci Coun'ySuite Sheriff. Telecsoft. hu. OF Cu David D. Buell 4 e P Renee Simpson Prothonotary � a IS` Deputy Prothonota J 0 , eo,, _ >>1 Z J 7CirkS. Sohonage, ESQ . N,. �`.--- Irene E. lvtorrow Solicitor „SO 2nd Deputy Prothonotary Office of the Prothonotary Cumberland County, cPennsy(vania /0 —,29y& 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, IPA. 17013 • (717)240-6195 • Fax(717)240-6573