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HomeMy WebLinkAbout11-3551THIS IS AN ASSESSMENT Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff H0108801 ARBITRATION MATTER. OF DAMAGES HEARING NOT REQUIRED. FIA CARD SERVICES, N.A. f/k/a BANK COURT OF COMMON PLEAS OF AMERICA, N.A. CUMBERLAND COUNTY 1825 East Buckeye Rd. Phoenix, AZ 85034 vs. C) DOCKET NO.: 11-3551 c- - CINI,t rnm JUDY A SMITH ?::u 200 OLDTOWN RD `"?v Gardners PA 17324-9085 ^ } ?c , :) .j c.? r 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 S QA %aa Do 1?1 a ttijk scP?3 V4-?257?11 Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff FIA CARD SERVICES, N.A. f/k/a BANK OF AMERICA, N.A. 1825 East Buckeye Rd. Phoenix, AZ 85034 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. JUDY A SMITH 200 OLDTOWN RD Gardners PA 17324-9085 DOCKET NO.: COMPLAINT IN CIVIL-ACTION 1. Plaintiff, FIA CARD SERVICES, N.A. f/k/a BANK OF AMERICA, N.A., is a federally chartered bank with a business address as stated in the caption above. 2. Defendant JUDY A SMITH is an adult individual residing at the above captioned address. 3. 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. 4. 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. 5. The defendant (s) received and accepted goods and merchand- ise and/or accepted services and/or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of Plaintiff's Affidavit is attached hereto as Exhibit "A". 6. Defendant(s) defaulted under the terms of the credit card agreement by failing to tender monthly payments as required. 7. After allowing for all offsets and credits, a balance as of March 25, 2011 remains on the subject account having account number 4264296998647439 in the amount of $11,514.82 plus interest through February 27, 2010 in the amount of $2,178.08 for a total current amount due of $13,692.90; as of March 25, 2011 there remains a balance due in the amount of $13,692.90. 8. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $13,692.90 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 9. Defendant's last payment on account was made on June 26, 2009. WHEREFORE, plaintiff claims of the defendant the sum of $13,692.90 plus applicable court costs and interest. Goldman & Warshaw, P.C. BY: d Barry A. R en, Esquire Attorney for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THIS COMMUNICATION IS FROM A DEBT COLLECTOR PACARD H0108801 FIA CARD SERVICES, N.A. f/k/a BANK OF AMERICA, N.A. VERIFICATION I, ww* pamell hereby state that t am the `mot V, ('QY of Plaintiff herein; that I am authorized to make this verification on behalf of Plaintiff in the foregoing action; that I have personal knowledge of the statements made in the foregoing Complaint; and that the statements made in Plaintiffs Complaint are true and correct to the best of my knowledge, information and belief. I understand that the statements in this verification are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By:, Print Name: Title: WW* Pamal owur EXHIBIT "A" 10108801 F1A CARD SERVICES, N.A. We BANK OF AMERICA, N.A. JUDY A SMITH 4264296998647439 AFMAV1T i, wa* prwretali being duly sworn according to law, depose and say that 1.1 am the agent fur the Plaintiffherein and 1 am fhrnlliar with the files relating m this account, 2.1 have personal knowledge of the facts and clranwitances in oamection with this case; 3.Plaintiff a files am maintained In the usual and ordinary ooorae ofbusimr, 4.This action is based on a claim fbr breach of contract and that damages am swtgirt as a direct result of said breach; 5.After allowing for all oftets and mvdita, a balarm as of June 16, 2010 remains on the subject account having account number 4264296998647439 in the amount of $13,692.90 plus casts. 6.If called upon, afTwnt can tastily at trial as to the 9tcts Os tsining to this matter. The above foots are true and ommt to the beat of knowledge, kftmation and belief. Sworn to and Subscribed a. ?. before me this _,,. dry / A 44 Nam AUG 16 96 v f_ _ _2010 64C C Owe, Notary Public d0 Frepareo ror: JUDY A SMITH Account Jvumber: 4264 2962 8204 0721 February 2010 Statement Crean Lmne. $11,700.00 Cash or Crest Avamabme. www,aaanotaccess.com Summary of Transactions Previous Balance $13,361.69 Payments and Credits $0.00 Purchases and Adjustments + $39.00 Periodic Rate Finance Charges + $292.31 Transaction Fee Finance Charges + $0.00 New Balance Total $13,692.90 Billina Cycle and Payment Information Days in Billing Cycle 29 Closing Date 02/02/10 Payment Due Date 03/01/10 Current Payment Due $464.00 Past Due Amount + $2,955.00 Payment Due - t e Total Minimum www.aaanetaccese.com Calitoll-free 1-BCC-8C7-3W TDD hearing-impaired 1-8CC-34C-3178 Mai, Faymems to: AAA FINANCIAL SERVICES P.C. BCX Itc 19 WILMINeTCN, DE 19888-5C19 Mao 8oeng lnqu,nes io. AAA FINANCIAL SERVICES P.C. BCX 1K28 WILMINeTCN, DE 1985C-EUC- Promotional Posting Transaction Reference Account Purchases and Adjustments Offer ID Date Date Number Number Amount LATE FEE FOR PAYMEI!1T DUE 111411 c2101 01131 3361 39.104 EXCITING CHANGES TO YOUR STATEMENT] STARTING NEXT MONTH YOU'LL FINDA NEW EASY-TO-READ STATEMENT DESIGN THAT PROVIDES YOU WITH MORE DETAILED INFORMATION ABOUT YOUR ACCOUNT. OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE Frontons Conesponomng Annr am AFR Balance 5rab/ect to Category 71ansaclian Types Gamy Fenoorc Rate Fercentage Rafe Type fmnance Charge Balance Transfers 0.074630% V 2724% S $12,982.15 Cash Advances 0.074630% V 2724% S $0.00 Purchases 0.074630% V 2724% S $524.02 Annual Percentage Rate for this Billing Period: 27.24% (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds the Corresponding APR above.) APR Type Definitions: Daily Interest Rate Type: V- Variable Rate (Interest Rate may vary); APR Type: S_ Standard APR (APR normally in effect) 03 0136929000341900000010000004264296282040721 Check here fora change of rreiing address or phone number(s). AAA FINANCIAL SERVICES Please provide all corrections on the reverse aide. P.O. BOX 15019 WILMINGTON, DE 19886-5019 ACCOUN7 NUMBER: 4264 2962 8204 0721 NEW BALANCE 707AL. $13,692.90 FAYMEN7 CUE CA7E. 03/01/10 Haar fgrm?M Amount Enuawn: JUDY A SMITH C/O t0 US US DEBT RELIEF INC 213 EXECUTIVE PARK BLDG 1 ASHEVILLENC 28801-2427 Ma,Okspaymemcoupon a,ongwaha check or money oraer payatke :o: AAA FMA1VCIAL SEAWCES 1: 5 240 2 2 2 50I: 08886 28 2040 7 2 iiin 1MWORMA7701V AAO(/r MRS AC o1AVt CilSTOAMFR 8TA7NAtO T OF DISPti M iflTM - Please call toll fire 1.866.266.0212 Time) and Saluniay Sam-6pm (F:arstem Time). For prompt service:: please have the merchant PLEASE DO NOT AI.TF.R WORDIN(, (IN TliIS FORM AND DO NOT MAIL YOUR Lh.-TTER O Your Name: Transaction Date: Posting Dare: Amount $: _..... ..._I?puttxl Amuauu $: - -- - Q' 1.Theaimmtxofdiecliarmiaasinaeasedfrom i- WS ?.._-amysales shpwas added incorimly. Fmeiosed is a copy of &j aa?fcs ship tT s awe the amrt;z exert Q 2. i cerdfy rbithe dirge listed above was not ma - by me aa_petscn authorized by tae to use uard, nor con' me gotsis or sermes teptesemd by the amni on recxared tome tea tetsom aitthcem by me. Q 3.1 have uc4 recrivai the iwichandise that was to be shipped torte ega-.-_..? -!. .. (-N- B4d7T):YY). I have asked the numuns to credit my acc.Xint © 4.:I was icsasd a eralk slip diet was act sltnwn on my,,womm A copy of my credit sic: isen6a)e. The merchant has up to 30 clays to chit )crux acaRm Q 5. blmhar-d'rsz dtatwas slipped to me 6s arrived dam?esd attcVordefinve. I returned it on i tArI I)!YY)azxlas14ddoenmtittatrtocluklily aaoux.Attach.aI-.=cftsahlanir, F(m' axnxrrG.ancfise was dAinagexl andw defecrire anda copy of at proof of realm. 0 6. Although I did atgagc m the abon transsctbn. I have co maed the merchant, returned the tradwidise tin NDA DW) sadreguested a Credit I cidrr did not receive this credit or it was un atis ii l Aiiii iaGu espimingwhyyouaretlt4nt' !histd whhac?+ 4thepnwfof r aarr. If you arrunabk to retain rite mrrdrandisc, pkxse exp u in = -l. l artily drat the dsrrge at quest no was a si r rnt:saciion but was Ixsted tw n m; uy s aarntent tdtdrtaauduxtathexxtmdtrmtsaaiom.5a 41 S------_-_---- Rtxena Wnram# GRACE PEP= "Gras Period- mra ns the period of time du.ri dig a hillinngg cycle whm you. will not accrue Pcainclic Rate )rmance C,hargis on exriam transactions or hala.nees. lhete is no Grace Period for Balance Transfers and Cash Advances. It You pay in fill this statements M!w "Tice Ttraf by its Payment Dw Date and if you paid in fell this statement's Previous Ikalancr in this statement's hiding cycle, then you wilt have a Grace Period during the billing cycle that began the dayy after this statement's Coming Date on the Purchase portions of this stattttneaht's New Balance T<xal During a 0"jo Promotional Rate Offer.- 1.) no Periodic Rite Finance Charges accrue on balances with the W X, Pmmoticma.l Rare; and 2) you must pay the Total Minimum Payment Dade by its Pakuhent Lhte Date (and avoid any ether "protnciucxi rum-off event" as defined. in your Credit Card A,vne meet) to maintain the 0% Promotional Rue, " If a correspcnxhng Annual Pera-tttage Raze in the Finance t? Rlhtthule on the front of this statement contains a symbol, theta with respect to those balances-. 1) the 0% Po)mo6jinal hate will exppiur+te at the end of then:-t; billing cycle, and 2) you must pay this sraterrients New fla1•ance'ibtA by its Payment lire Date to avoid Periodic Rate FinanceC3taq cs after the end of the 0% Promotional Rate Offer <m those balances txis* as of the Closing fate of this statement CALCULATIBIM OF 8At A O M'$SI BAW TO POW CM CMARGdM Average Balance Method (hxludmg new Balance Transfers and new (: mIt Advances): We calculate separate ISal tic s Subject to Finance ChaW for Balance Transfers, Cash Advances, and for each Pro motional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this statement's lilllitg cycle, (2) calculating a daily balane to 1ir)r l aCli. day prior to this star menes Lt?]?,?? ?cyclee that had a 'Pre- Cycle balance- - a Pre-Cycle balatur is a Balance Transfer ar Cash Advance with a transaction date prior to this statement's lair cycle but with a. posting date within this statements billing cvde; (3) addin all the d illy halancxs RM--," and (4) dividvtg the sum of tie daily, balances by tftm number of clips in this suttement s bielt-. lift calculate the daily balance for each day in this sutement's bill' gcycle, we take the beginning Ixtiaricx, add an amomt equal to the applicable Daily Pericxlic Irate multiplied by the pee vious da}^s daily Nuance, add new BalanceTransfers, new Cash Adyarxxs and and Transaction Fees and subtraex applicable payments and ctedits. If any daily balance is less than zero we treat it as zero. 'Ib calculate a daily balance. fix rar-h day prior rothis stanxnent's I. illnw cycle [fiat bad a Pre- Cyy?cle bilanee, we. take the be girming balance artribtuable solely to Pre-G dly- e htlanc s (which will be zero on the transaction date of die fast PR-Cycle balanc-L.4 acid an amount equal to the applicable Daih Periodic Rate mult d by the previous day's daily balance, and add vatic the applicable Pret:ycle balances, and dicir related tansaction Rees. We exclude from this calculation all man&udons posted to previous billingcycles, Ave laity Balance Method (including new PuttitastsF. We calculate separate Balance, Sulyecr m 3nance Charge frr Puuchates and for each Promotional Offer balance consisting of purchases. We do this by (1) calculating a daily balance for each day in the billing cydk ; (2) adding all the daily baiancrs togethet; and (3) dividing the star, of the daily balances fry the number of clays it the billing cyck-. PAYMMNT$ We credit payments as of die date receiv d, if the payment is 1) received by 5 p.m, (Eastern Time), 21 received at the address shown in the bottom left-hand corner of the front of this statement, 3) paid with a chock drawn in U.S, dollars on a U.S. financial inctirtmon or ,t U.S. dollar money order, and 4) sent in the enclosed return envelope with only the hemp n portion of this statement accompanying it. Payments received after 5' p.m on any da including the Payment Due Dare, hur that otherwise trteet the alxrve retjuiremenrc, will be dredited as of the next day. We will reject payments that ate not drawn in U.S. doBart and those drawn on a financial institution located outside of the United States. Credit for any other payments may be delayed up to five days. No.payinent shall operate as an accord and satisfaction without the prior written approval of one of our Senior Of6cem. We p1r?ocess most pavment checks electronically by using the information found on your check. Fes h check authorizes us to create a ale-tune electronic fonds transfer (or process it as a check. or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your pay linear. Checks are not rertuned royou. For more information or to stop the elcctronic turf transfers, call us at the number listed on the front. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop the payment your letter must. reach. ors at least three business days before the automatic payment is sdhcduled to occur. ORM WiTH YOUR Account Nurtib ell Reference Number: Merchant Name: Q R. I notified the Tktcham an -_.... 1. / IMMODlY? to cared the p c aattlxirired order (ttsnvahn:n) Pk-.w axe ratxxM - Don awl it 'nAablq rncitse a u yx of "r aMtC ctaoti a Or)(iy of )vut k4oow ill showing date and time of cancellation. Reason hr cAnceliatton /carx&tion t: - --------- -- Q 9. Akhmgh t eked myg m die abomirarwerwn , i lave trot taaed the tnerdum tax cretin 11+c seavioh to be prn idea on.__ ,L _ ( 1411 Ua)D(Y)') were tot received or were utt *4actcx) Attach a letter ahrrd irtgds senmta a}i v al }rnr attruipts to rrwdvt with (die merchant aril a copy of yotir courser. C? tO.Icrrih'dt?rddormttrrogttiretlrtrattsaelirm.blenir.utistt6enpraicktrkphaxtwmErtst>raitorheir mime in yo r mu g star 7f91t. Pkese a matpt m uxtract rlie n ercham kirinkIIlnaitn. Q 1 E. If yvwr tCrgere a tie a cfiiTritvrtrcdsoq pkau:arttacr us:n die a'?hve trklhhaa; m rnlxi Signature lreouirecdl: Date: Rest contact rdephanr.4- Homell: Billing rghts an only preset v ed by wrimen inquiry. To prwrve your hilligg rights, please return a copy of this form and a'Vu n itrfomutirn: r*ii-dung doe merchant charge in question m: Alto: Biting inquiies,lr8t'1s tS02b, Wi1m®r[ttoa, DE 1 856502(,1NA. PLEASE KFYY TE{I ORKRNAI. rOR YOUR RJ=RDS" AND SrND A COPY 4F TI d15 5TAUMFN7 To calculate tbet daily balance for each.. day in this varemmt 5 bill'ma c)rcle, we take the 1'eKt!d'un$ la}ancc, add an. amount gtral to the applicable Daily Pt ri td Ram multipGecl b}' the ptevxhh rs days dally balartee, add new I'urc]haws new ?lcaonr 1 cox and newv'i'ra»sattian. Ftxs, and. sulxratt apPltrable payments and credits. !f airy daily Mlatxr is less than zcm we tree it as zrro. If the Previous 13alatxe slxnvn on this statcnxnt was paid uh hill in this statenhenPs hilluhg cycle, that[ on tlhe day after theta payment in full data, we eu:lticle from tote beginning baUtxe crew Pouch tc taco Anwtt i c and rtew Ttaucactiott .Fees whidt posted <rh or lielnm that vrtxtnt in toil ante and we clo rxx acid chew Puirhaxs. new Adcnun.r Fcxs rhr rx?v Tiahhsacxion em vrhich post after that payment in full date. We ittchide the crisis kx the credit card debt cancellation plan or credit insurance purcl sed through us in calculating tlx brginrtin balance for the first day of the billing cycle after the billig e.'yck in which s»dh cants our lhitfecl. TOTAL. Po?l00tC PATE FBL4NCE CHAFM COM PUTAI M Periodic Rate Funatxx Chagm. amrue andare axnpo unew oh a dail bw;i&'lb dtpxmim the Periodic Rare Finance Charges, we multiply each Babuc a Subject to Finance Charge by its aapp> ieaNe Daily Periodic Rare and that result by the nu fiber of days in the. billing cycle. To detcxmroe the total Petiodic Rate finartxr Barge for the billing cycle we add the Periodic (tare Finance Charges tngethet Each Daily Period c Ran: is entcul<attxi Cw dividing its corresponding Annual Perarttage Rate by 365. MOW WM ALLOCATM YOUR AAYM EnS We will allocate your payments in the manner we deterrnme. In ntost iiistancc5, we will allocate your }??y?[tents ton balances (.incltu* transactions made after this statement) waft lower APRs before IId41nCCR with higher APRs. Tbirwill..k in balarnces with lower APRs (such as new balances with promotional APR offers) being paid betore any outer ousting balances. Peyn w k Due Dates and Keepi g Ybtr Agoouid In Good till Your Payment Due Date will not fall an the same da each month. In order to help maintain achy promotional rates, to avoid die imposition of Default Rates (if applicable), to avoid late fees, and to avoid cwvdintit.f ee-s, we must receive at least de lirtal Mi imum Pa anerit Dw b) its Payment Due Date each billing cycle and you moist maintain your acccount lance below }our Credit Latiit each day. important IMonnation about Paynttents by Phone Whets using the optictttal Pay-bj-Phone setvxe, yon authorize its to initiate an ele Ironic Payrivut dram your account at the financial institution you designate. You must authorize die a.tttotmt and timing of a ch pa Fix ycwr prote.?tion, we will ask fox security irtfonnatie:hn A fee tmy aap?tppl1yy To cancel, call us before the scheduled 1mymcnt date. S amc?hy }anents cannot lieedttcci or canceled- 10 BLAIEM For the complete term, Rud conditions of your account, console your Credit Card Agreement. FIA Card 5ervicss is a traderiame of HA Card SeR-km N.A. This iw:nmt is issued and administered by FIA Caul Ser is es, N.A. If your billing address or contact information has changed, or. if your address is incorrect as it appears on this bill, please provide all corrections Mere. Address 1 Address 2 City State lop area Code & Home Phone Area Code & Work Phorw _ U S E21 1 Rev. 04/08 n Time), .Friday Ram-7pm (Eastern charge(s) in gtiesliom one dispute reesmi. v m `m n N f Goldman & Warshaw, P.C. Barry A. Rosen, Esquire PA Identification No: 42951 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff FIA CARD SERVICES, N.A. f/k/a BANK OF AMERICA, N.A. VS. JUDY A SMITH COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-3551 PRAECIPE 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) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $11,514.82 Interest from Complaint-None Added @ % $2,178.08 Costs (Complaint & Service) Total: $13,692.90 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, N.A. and that the last known address of defendant, JUDY A SMITH, 200 OLDTOWN RD, Gardners PA 17324-9085. 2. The annexed notice(s) of P',Ied o-W c-e Ae Pre4ko no 1: / aali aura ?3 i4??t 10 ' Ufa H0108801 PennSylvdn,'& intention to file this 1q.00ed.4 dk.4 G tifo &u4 a 0 f3 y `nonce ?ti? r 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 3 ?d day of 2011 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $13,692.90 as per the above certification. P othonotar • y , " q 9 b. L Lue Goldman & Warshaw, P.C. BY: BARRY A. ROS , ESQUIRE Attorney for Plaintiff padj/scan Goldman & Warshaw, P.C. BY:Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff FIA CARD SERVICES, NA. fWa BANK OF AMERICA, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. JUDY A SMITH JUDY A SMITH 200 OLDTOWN RD Gardners PA 17324-9085 DOCKET NO.: 11-3551 NOTICE OF INTENTION TO TAKE DEFAULT TOIPARA: JUDY A SMITH DATE OF NOTICEIFECHA DEL AVISO: May 27, 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 Goldman & Warshaw, P.C. , BY: O BARR A ,ESQUIRE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. P10D:H0108801 Goldman & Warshaw, P.C. Barry A. Rosen, Esquire PA Identification No: 42951 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff H0108801 FIA CARD SERVICES, N.A. f/k/a BANK OF AMERICA, N.A. VS. JUDY A SMITH TO: JUDY A SMITH 200 OLDTOWN RD Gardners PA 17324-9085 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-3551 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. /X1 Judgment by Default $13,692.90 f? Money Judgment $ ?L Judgment on Award of Arbitrators$ L1 Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL THE LAW FIRM OF GOLDMAN & WARSHAW, P.C. AT THIS TELEPHONE NUMBER: 267-373-9730 padj /scan WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-3551 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA, N.A. Plaintiff (s) From JUDY A. SMITH, 200 OLDTOWN RD., GARDNERS, PA 17324-9085 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK, 105 NOBLE BLVD., CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$13,692.90 L.L.$.50 Interest FROM JUNE 23, 2011 Atty's Comm % Due Prothy $2.00 Atty Paid f 12)-,06 Other Costs Plaintiff Paid Date: SEPTEMBER 1, 2011 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name BARRY A ROSEN, ESQ. Address: GOLDMAN & WARSHAW, P.C., 312 W BROAD STREET, QUAKERTOWN, PA 18951 Attorney for: PLAINTIFF Telephone: 267-373-9730 Supreme Court ID No. 42951 H0108801 Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff FIA CARD SERVICES, N.A. f/k/a BANK OF AMERICA, N.A. 1825 East Buckeye Rd. Phoenix, AZ 85034 VS. JUDY A SMITH 200 OLDTOWN RD Gardners PA 17324-9085 and PNC BANK 105 NOBLE BLVD CARLISLE PA 17013 GARNISHEE COURT OF COMMON PLEAS c ' CUMBERLAND COUNTY C= =M m rnF - am o "? - -1c) DOCKET NO. 11-3551 3>n =c r-a PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against JUDY A SMITH defendant (s) and (2) against PNC BANK garnishee(s) (3) AMOUNT DUE $13,692.90 INTEREST from June 23, 2011 .00 COSTS Prothonotary fee .00 Sheriff fee .00 TOTAL $13,692.90 BARRY A.; OSEN, ESQUIRE Attorney for Plaintiff P ??r 7 lkq 161 ?F ?rr s 3g c? 1q,00 a-- Dec- Cd v?'° n ? S? Tj?cL1- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-3551 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA, N.A. Plaintiff (s) From JUDY A. SMITH, 200 OLDTOWN RD., GARDNERS, PA 17324-9085 1) You are directed to levy upon the prop rh of the defd1dant (s and sell o-d ? ? t"dr L?`i y 64 4L 5? ( g? oc4tcd a bb 61o ?.+a P A 1 -1 - %VT (2) You are also directed to attach the property of the defendant(s) not levied upon' in the possession of GARNISHEE(S) as follows: PNC BANK, 105 NOBLE BLVD., CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$13,692.90 Interest FROM JUNE 23, 2011 Atty's Comm % Atty Paid f 122,06 Plaintiff Paid Date: SEPTEMBER 1, 2011 (Seal) REQUESTING PARTY: L.L.$.50 Due Prothy $2.00 Other Costs 1. ?Zzp? David D. Buell, Prothonotary By: Deputy Name BARRY A ROSEN, ESQ. Address: GOLDMAN & WARSHAW, P.C., 312 W BROAD STREET, QUAKERTOWN, PA 18951 Attorney for: PLAINTIFF Telephone: 267-373-9730 Supreme Court ID No. 42951 Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff H0108801 FIA CARD SERVICES, N.A. f/k/a BANK OF AMERICA, N.A. 1825 East Buckeye Rd.. Phoenix, AZ 85034 VS. JUDY A SMITH 200 OLDTOWN RD Gardners PA 17324-9085 and PNC BANK 105 NOBLE BLVD CARLISLE PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY C-) C o °t DOCKET NO. 11-35512 tr i -, `T F •ro o C .{3? CQ ) --arm Y cD-T1 ` c z r X AMENDED PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against JUDY A SMITH, defendant(s) all personal property of the said defendant located at: 200 OLDTOWN RD, Gardners PA 17324-9085. and (2) against PNC BANK garnishee(s) (3) AMOUNT DUE $13,692.90 INTEREST from June 23, 2011 .00 COSTS Prothonotary fee .00 Sheriff fee .00 TOTAL $13,692.90 BARRY A. SEN, ESQUIRE Attorney for Plaintiff si` '???J IFJN W0108801 23111 SEE' 26 AM 11 * F! Goldman & Warshaw, P.C. CUMBERLAND COURT BY: BARRY A. ROSEN, ESQUIRE PENNSYLVANIA Identification No.: 42951 Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff FIA CARD SERVICES, N.A. f/k/a BANK OF AMERICA, N.A. Vs. JUDY A SMITH and PNC BANK Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-3551 ORDER TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against, PNC BANK, Garnishee, discontinued upon payment of your costs only. Goldman & Warshaw, P.C. BY: BARRY A. ROSEN, ESQUIRE Attorney for Plaintiff (Q. M} 8' °? faN V46, s t 3 ? SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Anderson f Jy S Smith ,hief Deputy ??aw?tir trt i?EUt+Ger???t? z `I'LED-OFFF11, THE PROTHONO A.; 2012 MAR 14 AM I I. 16 Richard W Stewart Solicitor , .G r, F "?ERIFF C(MBERLAND COUNT i" PENNSYLVANIA FIA Card Services VS. Judy A. Smith Case Number 2011-3551 SHERIFF'S RETURN OF SERVICE 09/14/2011 10:16 AM - Michelle Gutshall, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank at 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handingto Amanda Moore, Customer Service Rep., personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on October 7, 2011 to Judy A. Smith at 200 Oldstown Road, Gardners, PA 17324. 10/07/2011 Personal Property Levy Service Withdrawn by Attorney and Returned by the Sheriffs Office. 03/14/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Defendant entered into bankruptcy. SHERIFF COST: $109.09 SO ANSWERS, March 14, 2012 RON R ANDERSON, SHERIFF . SZ> I p'd. a 7;2 3,5-1 '.c CouwySuite Shenff. Telensoft. Inc