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Home My WebLink About10-5185T F'1 `Ts, 2088578 THIS IS AN ARBITRATION MATTER.„ OF DAMAGES HEARING REQUIRED. tC ;" ' - avto u?, PM GORDON & WEINBERG, P.C. 3%11 ?. 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, BANK OF AMERICA 1825 E. BUCKEYE RD. PHOENIX, AZ 85034 VS. N.A. F/K/A COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10 -5185 Cwt-l-w-m HEATHER M THORN 1000 VALLEY ST Enola PA 17025-1338 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 CS) ga,.oo po WY Ct la.-N69 1?4- a y (i y5a 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 7/23/10 in the amount of $17,992.51. 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. i 6. Defendant's last payment on account was made on 8/31/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $17,992.51 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I JOEL M. F Attorney f NBERG, ESQUIRE ESQUIRE aintiff P01A r 2088578 10230764 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA HEATHER M THORN 4313033999221265 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 EXHIBIT "A" _t 2054 2088578 10230764 FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA HEATHER M THORN 4313033999221265 Tarmhe Boone Smith I, law, depose and say that: AFFIDAVIT , being duly served sworn according to 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 $16,739.92 plus interest of $1,252.59 at the rate of 0% less credits in the amount of $.00 totaling $17,992.51 as of May 20, 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. SWI I U AFFIANT Sworn to and Subscribed to (or affirmed) before me this day of , 2010 JUN 012010 by Proved to me on the basis of satisfactory evidence to be the person(%) who qppeafefik-lpe fore me. Signature P100.1 Notary Public Guilford County, NC My Commission Expires Oct. 20, 2014 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor F_; ~~~,titr of ~u+~6rry~~d ~ , . ._ .~. aai o AVM- i ~ ~. a : ~.Y r ,. FIA Card Services vs. Heather M. Thorn Case Number 2010-5185 SHERIFF'S RETURN OF SERVICE 08/12/2010 05:34 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 12, 2010 at 1734 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Heather M. Thorn, by making known unto herself personally, at 1000 Valley Street, 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. ~- , RYAN BURGETT, DEPUTY SHERIFF COST: $41.50 August 13, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF tc) CountySuite Sheriff. Teleosoft, Inc. STATE OF aeCV IcA41 (3nc n COUNTY OF ??m?je.r`can? COURT FILE NO. ICJ` Sl?s CASE TYPE: Civil a. rb(,81wto% FK?\-)?rA6C knenita PLAINTIFF DEFENDANT'S ANSWER r' vs. TO r rn((? PLAINTIFF'S COMPLAINT DEFENDANT The DEFENDANT states the following as ANSWER to PLAINTIFF's complaint: 1. N?ntykj 2. 3. N)M.,?JeA. 4. &-0 \.03 ?Vv ba-\an(P- i t) I I -I Q0 g, (5 1 j 0 0 Vrwrq . s riUd?e?nda???? Q nr?? tml?c c?2 ?n is1unnvm sirnen1S h? ?? o hI i n IP ( t ) jai -63 and h6rdgkP yytS Y-xe n ix-inbte 4D `` j 7 '0 i Defendant asVStine p to Ce Date UA'W STATtt^lT Og Defendant TZame' DefendsOt S1gn e. Address: t -- owlstatcOlp -- Telephone in- b 5b --Io. aLA(:)- l.4boo 1 88?). uql - U3_7 I 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 FEI3 18 PM { (l 2011 cUMBERLAiNU NHISY !At FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA VS. HEATHER M THORN COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-5185 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended upon payment of your costs only. GORDON & WE11q 13Y: P003 REDERIC JOEL M. Attorney FILED-OFF ICS 2088SISTH" PRO I MONO RG, P. C. W INBERG, ESQUIRE I ESQUIRE or :Plaintiff