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HomeMy WebLinkAbout11-6151 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD NEWARK, DE 19711 vs. AVRIL G CLARK 45 MAPLE LN NEWVILLE PA 17241-8728 Plaintiff Defendant : CIVIL ACTION NO: 11, b1s l NVi k®. rnca Z? W r- C'7 =C:) ZO AC N C r N 00 tV P-1 C, C7'r'1 ©?., A NOTICE TO DEFEND 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 to Defend 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 judgment 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 S 1o S C kA 209 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD CIVIL ACTION NEWARK, DE 19711 Plaintiff vs. NO: AVRIL G CLARK 45 MAPLE LN NEWVILLE PA 17241-8728 Defendant COMPLAINT Plaintiff, FIA CARD SERVICES, N.A. , by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, FIA CARD SERVICES, N.A. , (hereinafter 'Plaintiff') is a corporation with a principal place of business located at 655 PAPERMILL ROADNEWARK, DE 19711 2. The Defendant AVRIL G CLARK (hereinafter "Defendant") is an adult individual residing at 45 MAPLE LN NEWVILLE PA 17241-8728. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by FIA CARD SERVICES, N.A. with the account number 4264285999710015. 5. Use of the FIA CARD SERVICES, N.A. credit card was subject to the terms and considerations of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent to the Defendant along with the credit card. 6. Defendant used the FIA CARD SERVICES, N.A. credit card account number4264285999710015, for purchases, cash advances and/or balance transfers. 7. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. (See, Cardmember Agreement attached hereto as Exhibit "A.") 9. The Defendant last made payment on July 28, 2010. 10. The total amount due and owing the Plaintiff including interest, is $16,299.96. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $16,299.96 plus costs of suit and any other relief as the Court deems just and appropriate. Edwin X. amsen & Ass( Michael F. Ratchford, Esquire Attorney I.D. Nos.: 86285 120 North Keyser Ave. Scranton, PA 18504 mratchford@eaa-law.com Phone: 570-558-5510 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, FIA CARD SERVICES, N.A. , am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FIA Card Services vs. Avril G. Clark SHERIFF'S RETURN OF SERVICE FILED-GF1 ;r,- ry i t WE- P R'0 M 7011 AUG 10 PM 2: 11 CUMBERL HD OW T;' PEWISYLIVAVII!, Case Number 2011-6151 08/08/2011 11:33 AM - Bryan Ward, Sergeant, who being duly sworn according to law, states that on August 8, 2011 at 1133 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Avril G. Clark, by making known unto herself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true correct copypf the same. r ? BRYAN SHERIFF COST: $40.00 August 08, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ;/ '? P, 002 1471,' 14 A/ i !Name Address City, State, Zip To Whom It May Concern: I am writing this response to the court regarding the civil summons I received, Case No. - ? Ze r1 _insert cause number from summons Unfortunately at this time, I do not have the funds to pay back this debt. I have come across some unforeseen circumstances which have prevented me from being able to meet my monthly obligations. I am currently working on accumulating funds to resolve this debt as soon as possible. Please do not pursue garnishment on my bank accounts as this would be detrimental to my family and my plan in resolving this debt in the future. Thank you for understanding, ni? C ? mar= r- m a) s < Name ° _2 5, C- CD C) C-n -< cri