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Home My WebLink About11-6049THIS IS AN ARBITRATION ASSESSMENT OF DAMAGES 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 E BUCKEYE RD PHOENIX, AZ 85034 vs. DONALD A LINN 50 CARPENTER LN NEWBURG PA 17240-9219 H0116351 MATTER. HEARING NOT REQU5RE+ `- 7, mw c- Fi c?nr rv Qr,? C-) 3C COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 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 gA eqo pe"I .Ql 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 E BUCKEYE RD PHOENIX, AZ 85034 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DONALD A LINN 50 CARPENTER LN NEWBURG PA 17240-9219 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 DONALD A LINN is an adult individual resid-_ng 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 Defendant(s) last monthly statement 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 July 14, 2011 remains on the subject account having account number 4313020997838224 in the amount of $6,417.53 plus interest accruing in the amount of $1,040.25 for a total current amount due of $7,457.78; as of July 14, 2011 there remains a balance due in the amount of $7,457.78. 8. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $7,457.78 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 December 5, 2009. WHEREFORE, plaintiff claims of the defendant the sum of $7,457.78 plus applicable court costs and interest. Goldman & Warshaw, P.C. BY: _ Barry A. R sen, 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 VERIFICATION I, Barry A. Rosen, Esquire, hereby state that I am the attorney for Plaintiff herein, that I am authorized to make this verification on behalf of Plaintiff in the foregoing Civil Action Complaint; that I have personally reviewed the documents upon which this cause of action is based and know the cause of action to be based in fact; and that the statements made in Plaintiffs Civil Action 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. Barry Rosen, Esquire EXHIBIT "A" BankofAmedca Account Information: www.bankofamerica.com Mail billing inquiries to: BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-506 Mail payments to: BANS OF AMERICA P.O. BOX 851001 DA1LA3, TX 75285-1001 Customer service: 1.800.421.9110 {1.800.3463178 TTYI Transaction Posting Data Date 07/12 07/12 DONALD A LINN Account Number: 4313 0206 2706 6760 June 16 - July 16, 2010 New Balance Total ................................................................$7,457.78 Current Payment Due ............................................ .................$255.00 Past Due Amount .................................................. ..............$1,588.00 Total Minimum Payment Due ...................................... ..............$1,843.00 Payment Due Date .................................................. ................8/12/10 Previous Balance .....................$7,275.26 Payments and Other Credits .............0.00 Purchases and Adjustments .................0.00 Fees Charged .................................................39.00 Interest Charged ........... ................................ 1 3.6 New Balance Total .....................$7,457.78 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00. Credit Line ........................$6,500.00 Minimum Payment Warning: If you make only the minimum payment each Statement Closing Date .................7/16/10 period, you will pay more in interest and it will take you longer to pay off your Days in Billing Cycle ...........................31 balance. For example: Desrxiptlon Fees LATE FEE FOR PAYMENT DUE 07/ 12 TOTAL FEES FOR THIS PERIOD Reference Account Number Number Amount Total 7275 39.00 $39.00 Interest Charged 07/16 07/16 Interest Charged on Balance Transfers 07/16 07/16 Interest Charged on Cash Advances continued on ne# page... 13 0074577800184300000180000004313020627065750 BANK OF AMERICA P. 0. BOX 851001 DALLAS, TX 75285-1001 DONALD A LINN PO BOX 3011 WEST PALM BEACH FL 33402-3011 Account Number: 4313 0206 2706 6760 104.60 33.03 New Balance Total $7,457.78 Minimum Payment Due ......... .1,843.00 Payment Due Date .08/12/10 Enter payment amount 3 Check here for a change ofmailingaddmss or phone numbers. Reese prowde all corrections on the retems side. Mail this coupon along with your check payable to: BANK OF AMERICA 1:52402225011: 093506 2706575011' If you would like information about credit counseling services, call 1-866-300-5238. - -- --------- -.. _ ...... ............. ------- -- ....... .._ ._. . IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE411 Rev. 07/10 CUSTOMER STATEMENT OF DISPUTED ITEM-Pteawcalltoll-fiwa1.SW.266.0212Monday-Thurcdng8corn 9pn Friday 8atn 7pm and8aturday8nm•6pm.Eao.., For phrnnlrt serv?ire, Dlea,e have the merchant reference number(s) gtaatlabip r file chase( s) in question PLEASE DO NOT AUFER WORDING ON THIS FORM AND DO NOT MALI, YOUR LETTER OR FORM WITH YOUR PAYMENT. Chage only one dispute mason, YourName Account Number:- _._.. -- --. _.. TrausactionDa e- PostingDate .-_---- Reference. Number: Amount $: _.... Disputed Amount .------- ------- Merchant Name _...._..... . . O L The amount ofthe charge w" increased from $-_.-._..._ to my sales slip was added •mcomartly. Enclowd is a. copy of the sales; slip that shows the correct anwnnt =4 1 wrtify th»tthe charge listed above was not made by me or aperson authorized by nw to use my card, norwere the gwds or services represented k, the transaction received by me or a pe-n-n authorized by me. ?~t 3.I have.not received the merchandisethat was tote shipped tome on ,., !_... t , (MM,'DD;`yY). 1 have asked the. rn<rehaM. W credit myacarurd. 4.1 was issued a credit slip tbai. was not shown on my statement. A copy of my credit skip is encl(Aed. The merchant has up to 3u dew to credi tyriur account. ( 1 Me rr handise that was shipped to me has arrived damaged and/or defecthm. 1 returned it on- '.._(ofM/DDiYI'landasked the merchant to cred it iny account, Attacha leant describing baw The merohawfise was damaged and/or defective and a ovpy ofthe proof of return. f ?! fl Although i did engage in the akx+ve tranSaction.l have contacted the nu rchaia returned the merchandiseon ...(.._/.....(MMIDD;n'Y)andrequc?tedacmdit leitherdidnotre Ne this credit orii was: u nsdisfac Wry. Atttx:h a letter expLriningwbyyou am disputing ties is charge, with a cop,; of the proof of return If y ou are ac nabk to return the merchandise, please eepleiu. 7.1 certify that the charge i n gnestion was a single; transaction, but was posted twice to my statement I.dldra?i: xua}xrrz the vrcondtransudinn. ?+1e#7.$ MereuceSSale;28 ..------__-R.eferen-e#_...-.-. 0 S. I notified the merchant on _- /_ _ _. / .__(MM./DD/ YY) to cancel the pm-authorized order (reservati(m). Please note eanafation # and tf araihahle, enclose s ahpy ofyour cnutru9 and i cupyof your telephone bill showing date and time of caimehlxtion. Reason for cancellation/ cancellation# - 9. rllthoogh I did engage. in the above transactmn, I have eon tftded the. merchant for r mdi k Theaervieentnbepmvidednn_._ .-..._f....._.(MM,rDD;YY';wegenotreoeivednrwere uam. hs.factAnf.Attacha:.letterdeacribingtbeouYices(:nccted,yourattemptytoresoh?e with the merchant and a copy ofyour contract. E-110. I cerdlytlat I do not recognize tbetransaction. Tvlereba,ta oheulu»vkdrteleplhone members[extit)their name ouyour hfiag,Aa.tenuml, Pleguseaucmpttocxmtacttile merchant for information, L- 11.Ifyourdwphde+::fora differentrerwon.please coniauAusai:t:henbrwetrlephowuumber. &Valg+re.LrcSaul d) ............. .._...... ............. . 1»: ._ ......... . ........... ._.__..._...__.... ..1 41rn #1 .__.._ Rlllingrights am railyprt+serve d hYwritt :n dra'tulry. 7t, preserve: ycrar biltlnR r i;tds, please mtarro:. copy of this fart, and anvsupporting inforntstiun regarding f1he merchant charge in question to: Attn: Billing Inquiries,P.O.Box15M( Wilmington, DI18tt6 5M6,USA. PLEASE AEEPTHT 0111GNAI::'r 0R YOUR RRi ORI)S A ND SE"i 0 A CDPY OF 1.9 1S STATEN.F-Mr. GRACE PERIOD/PAYING INTEREST 'Gr ace Period" means the period of time during a billing cycle when you will not accrue interest on certain transactions or balances. There. is no Gram Period for Balancu Transfers or Cash Advances. Ifyou pay in full this stwment', New Balance Total by its Payinent Due Date and ifyou paid in full this statement's Previous Balance in this stattmnerrt's billing cycle, then you will have a Grace Period during the billing cycle that began the day after this statement's Closing Date on the Purchase portions of this s'tatement's New Balance Total. If you do not pay in bill this statement's New Balance Total In its Payment Due Date but) on paid in full this statement's Previous Balance by its Payment Due Daze, then. you will have a Grace Period during the billing cycle that began the davafter this statement's Closing Date on the amount of the purchase balance you pays by the Payment Due Date following our payment allocation method- CALCULATION OF BALANCES SUBJECT TO INTEREST RATE ;average Balance Method (including new Balance Transfers and new C ash Advances): We calculate separate Balances Subject to an Interest Rate forBalance Transfers, Cash Advances, and for each :Promotional Offer balance caosivting of Balance Transfers or Cash Advances. We de this by: (1) calculating a daily balance for each day in this statement's billing cyr le; (2) calculating a daily balance for each day prior to this statement's billing cyc a that had a"Pre-C;yele balance'-a Pre -Cycle balance is a Balance Transfer or Cash Advance with a transaction date prior to this statement's billing cycle but with a posting date within this statement's billing cycle: (3) adding all the daily balances together; and (4) dividing the gain of the dailybalmhces by the number of days in this statement's billingeycle. To calculate the daily ba laiice for coach day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previoa a day's daily balance, add new Balance Transfers, new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any didly balance. is legs than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre-Cycle balance, we take the be.o nningbalance attributa ble solely to Pre-Cycle balances (which will be zero on the transaction date of the first Pre-Cycle balance), add an annount equal tothe applicable Daily Periodic Rite multiplied by the previous day's daily balance, and add onlythe applicable Pre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Average Daily BalanceMthod (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Promotional Offer balance comsisting of Purchases. We do this by: (1) calculating a daily Bala ace fur each day in the billing cycle; (2) adding all. the dailytni[ances together; PAYMENTS We credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance slip on the front ofyourmonthlq statement; (2) paid with a check drawn in U.S. dollars ona U.S. financial institution or a US, dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement aacxompanying it Payments received by mail afar 5 p.m. local time at the remittance address on any clay including the Payment Due Date, but that otherwise meet the above requirements, wiUbe credited as of the next day. Payments made o aline or by phone will] w credited as of the date of receipt if made by 5 p.m. Central time. Creditfor anyother payments maybe delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on vour cheek.:Eaach check authorizes us to create a one-time electronic funds transfer (or process itas a check or paper draft). Funds maybe withdrawn from your account" soon as the same day we receive your payment, Checks are not returned to you. For more information or to stop the. electronic funds transfers, call us at the number listed on the front, If you have authorized us to pay your credit carol bill automatically from yuur eavings or cheekingaccount with us,you can stop the payment on any amount you think is wrong. To stop paynneut, your letter must reach us at least tbree business days before the automatic payment is scheduled to occur. grid (3) dividing the gum of the daily balances by the numin;r of days in the billing cycle. To calculate the daily balance for each day in this statement's billing evcle, we take the beginning balance, add an aunount equal to the applicable :Daily Periodic Rate multiplied by the previous day's daily balance, add new Purchases, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. If the Previ.oie,*+ Balance shown on this statement was paid in full in this staatemenes billing eyele, then on the day after that payment in full date, we exclude from the- beginning balance new Purchases, new Account Fees and new I`ransaction Fees which.poste-don or before that payment in fall date, and we do not add new Purchases, new Account Fees, or new Transaction Fees which post after that payment in Pall date. We include the fees for credit card debt cancellation or credit insurance purchased through us hncalculatingthe begiriningbalance for the first day of the billingcycle after the billing cycle in which such fees are billed. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a daily basis. To determine the Interest Charges we multiply each. Balance Subject to Interest Rate by its applicable Daily Periodic Rate and that result l y the number ofdays in the billing cycle., To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated by dtvddi.n; an Annual Percentage Ratc by3&5. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Duo to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess ofyour Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay-tv-Phone service,you authorize us to initiate an electronic payment from your account atthetfnancWinstitution youdesignate, You must authorize the amount and timing ofeachpayment, Foryour protection, we will ask for security information. A fee may apply. To cancel, call us before the scheduled payment elate. Same-dayrpavmentscannot be edited or canceled. MISCELLANEOUS For the complete terms and conditions ofyour acc aunt, aonsuftyour Credit Card Agreement. FIA Card Services is a tradenaame of PTA Card. Service,, N A. This account is issued and administered by FIA Card Services, N.A. Ifyourbillingaddress orcontact information has changed,or if your address is incorrect tae it appears on this bill,plea4e provide all corrections hem Address 1 Address 2 City zip ........ ..._ Area Code & Home Phone, Area Code & Work Phone SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Lollar of k?unitrrpjafiit Jody S Smith Chief Deputy Richard W Stewart Solicitor ?vf 1 AUG 10 F1 i 2: ? '?..UMBERLinw rj L', i T FIA Card Services vs. Donald A. Linn Case Number 2011-6049 SHERIFF'S RETURN OF SERVICE 08/04/2011 04:23 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 4, 2011 at 1623 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Donald A. Linn, by making known unto himself personally, at 50 Carpenters Lane, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $48.00 August 05, 2011 GERALD WORTH INGT EPUTY SO ANSWERS, ??)) ROW R ANDERSON, SHERIFF r (' . u"l yS 0 y,.E.. ?. f u}r. trtc. STATE OF PENNSYLVANIA CIVIL COURT CASE NO. 11-6049 FIA CARD SERVICES, N.A. f/k/a BANK OF AMERICA Plaintiff V. DONALD A LINN Defendant ANSWER OF DEFENDANT cz) Cd r* a - r ? a -i c7 ?,? r .a r- ?C:) V ? 1. Defendant does not believe the amount claimed by Plaintiff is correct and calls upon Plaintiff to prove the amount that may be owed. 2. Defendant says that the interest rate originally agreed upon has been involuntarily raised by Plaintiff and is excessive. 3. Defendant asks that the Plaintiff validate the alleged debt in accordance with the Fair Debt Collection Practices Act, 15 USC 1692g(b), and that this case be stayed until such validation has been is provided as required by said federal law. Donald A Linn Defendant 50 Carpenter Ln. Newburg, PA 17240-9219 Tel.561-964-6404 Certificate of Service I certify that I mailed a copy of the above document on, 2011 to Plaintiff's attorney at: Goldman & Warshaw, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 i Signed ? e Plaintiff z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 20 vs. cz? Defendant a RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: G PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ,counsel for th plaintiff/ efendant in the above g /z ?e 4-) action (or a ions), respectfully represents that: 1. The above-captioned action (or actions is re) at issue. 2. The claim of plaintiff in the action is $ !Z '?(5 ' - The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfull bmitted, p? -rt C)irr: cJ'` Q0 at,* 56 P, a? ot-a a W&i q *-97b loot' ORDER OF COURT AND NOW, c?.eL G1/L? , 20AR , in consideration of the foregoing r petition, Esq., and Esq., and ft!2?Gt1 Esq., are appointed arbitrators in th?93ve - captioned action (or actions) as prayed for.. 01 By the Court, t -r " 4 Kevin A. Hes C?ld? ec K `? l+?tzrS?i?tcJ ?oh 1 i_.%n >1 &p, es ,,x,'Iea 0/ 7//a f7l A C qK-p Se&U l CES &/,A ?/X/& gj?nt- In the Court of Common Pleas of Cumberland 0rcAtyic cAI&/,A, Plaintiff Dt?JVAZ-7- LiAI V County, Pennsylvania No. Defendant Civil Action - Law. Oath We do solemnly swear affirm) that we will support, obey and defend the Constitution of the United States and the Constitutionbf this Commonwealth and that we will discharge the duties of off e wi fidelity- Signature.,' Signature Signature ? l ?'1??,?E ?PII?iJ ?A?LROi1? I ` ??1m4 Name (Chairman) Name Name LA oF?cs c p, /? J 47 Law Firm Law Firm Law Firm 3s6 Mf.YfL .&-r sf- '-r--3a Address Y1712 LbCl- VP City, Zip A R- IL cT csr Address Nn,3 C EA H;-P- L6 r) 6 PA City, Zip 1-76-70 Award y*/ Address ?Itwn f& r, & 1711? City, Zip We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) i I - ? +,,, t -e- ? 0 W a r-1 o u ?n UT -7? Arbitrator, dissents. sert name if (In applicable.) Date of Hearing: _ '7(-- #- la Date of Award: _ -409'-/ a Ann (Chairman) !I Notice of Entry of Award Now, the _ '31 day of , 20 , at ? , ." M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. to be pA upon appeal: $ By: Prothonotary Deputy i Irz A - , e-.rLt?1}?t. ?'?t ? Ala