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HomeMy WebLinkAbout12-68282145330 THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE7NBERG, 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, N.A. 655 PAPER MILL ROAD NEWARK, DE 19711 VS. CHENIN N HOLLAWAY 509 CHARLES ST SHIPPENSBURG PA 17257-2117 ASSESSMENT OF COURT OF COMMON PLEAS CUMBERLAND COUNTY c, DOCKET NO. , ?J R;?e v , a 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 (_-D 0'?A 0? ? ??-)-s 0 0)? a9r? ?? a,ga,saa FIA Card Services, N.A., ) Plaintiff, ) V. ) CHENIN HOLLAWAY, ) Defendant, ) COMPLAINT IN A CIVIL ACTION 1. At all times relevant hereto, the Defendant(s) was the holder of a credit card or other consumer finance account (hereinafter "the account"), which at the request of the Defendant(s) was issued to the Defendant(s) by the Plaintiff or a predecessor in interest of the Plaintiff, under the terms of which the Plaintiff or its predecessor agreed to extend to Defendant(s) the use of its credit facilities. 2. Defendant(s) accepted and used the account so issued and by so doing agreed to perform the terms and conditions prescribed by the Plaintiff for the use of the account. 3. The Defendant(s) received and accepted goods and merchandise and/or accepted services or cash advances through the use of the account issued by the Plaintiff. A true and correct copy of the Charge-Off Statement 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 in the amount of $5,379.29. 5. Plaintiff has made demand upon the Defendant(s), who is in default, 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. 6. Defendant's last payment on account was made on 09/15/11. WHEREFORE, Plaintiff claims of the Defendant(s) the sum of $5,379.29 plus applicable court costs. GORDON & WEINBERG, P.C. BY: BERG, ESQUIRE FREDERI rK,INESQUIRE JOEL M. Attorney for Plaintiff PBOA.l FIA Card Services, N.A., ) Plaintiff, ) V. ) CHENIN HOLLAWAY, ) Defendant, ) VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, that he is an authorized agent of FIA Card Services, N.A., the Plaintiff herein, and that he is duly authorized to make this Verification, and that the facts set forth in the Complaint in this civil action are true and correct to the best of his knowledge, information and belief. OCT 1 Z 2012 Dated: Affiant Name (Printed): _LINDA HODGIN Affiant Name (Signature): 2145330 Reference No.: EXHIBIT "A" Wodffbints CHENIN HOLLAWAY Account Number: 4264 2942 2335 2W September 18.October 16, 2011 Account frOw rraUon: wsw.bankD&mwica.oom Mahe bigNK bgWrles to: Bankof America, P.O. OUR 882295 El Paso, TX 78806-2235 Mao paynwtds to Bank of America P.O. Boa 15019 Wilmington, DE 19BW5018 Customer Device: 1,8002972386 {1.8003483178 TM New Balance Total ............................................................... ....$5,259.29 Current Payment Due ....................................................................5120.00 Past Due Amount ..........................................................................$720.00 Total Minimum Payment Due ..........................................................$840.00 Payment Due Date ......................................................................11/15/11 Total Minimum Payment Waftr4 It you make only the Total Minimum Payment each period, you will pay more in interest and it will take you loWr to pay off your belance. For exarnpe: Previow Deifri t ........................$5,357.70 Payments ans 1 i , her Credits .............. 120.00 Purchases an d I ilustments....................0.00 Rees OhorpJ ... ... ..........................................0.00 1 Intwed Chsi7 at ...........................................23.59 New Belanccr it t rl ........................$5,259.29 Total Credit it nt .....................$10,900.00 Cash Credit Unn ..........................$3,300.00 Statement Ck sin; Date .................10/18/11 Days in Ogling C . ge ..................................31 TrwooWn Aoat*V Relbrence Account DMta Doo Aim Nwnbat Number AmmW road Paywofft and 00wr Credits 10/15 PAY BY PHONE PAYMENT 0389 -120.00 -4!20.00 It"rest Oharged -'^ 10/18 10/18 interest Charged on Purchases 0196 10/18 10/18 Interest Charged on Belararae Transfers 20.63 10/18 10/18 Interest Charged on Dir Dep&Chk CashAdv 0.00 oontlnwd an rat "... 15 00525929000840000001+20000004264294223352610 BANK OF AMERICA Account Number: 4264 2942 2335 4810 P.O. BOX 15019 WILMINGTON, DE 19896.5019 New Balance Total ......................................... -115,2wn Total Minimum Payment Due ..................................................840.00 Payment Due Date ...................................................11/15/11 CHENIN HOLLAWAY Enter payment amount SW CHARLES ST SHIPPENSBUR© PA 17257-2117 A?ack Mrs rbr s cMr?rr o/me sdaraas arphrsrP nunrdaa. PMrase p ooods ak ceftwebaw an Ow A w w slob. MON tidy. 000W QW0 wMh rear check PMas Mr Bank or M%d w 1:5240222501: 08884 2 2 3 3 5 26 1ON9 It you would like information about cradit counseling se micos, call VXW7-3005238. 1 ORrAnrr NMJcOMUTION 2Mff T JS ACCOUNr --- USE71I Rev. oerl 1 CUSTOMER TIPS FOR DISPUTED ITEMS Many times disputed charges are legitimate cbawas that customers may not recognize orremember. Before disputingacherp%werecwuunettdthayouverify %fewthings and make every effort to resolve the dispute with the merchant. Often the mertdaantcan answer your questions and easily resovv your dispute. The rnerehant's phone number maybe located on your receipt or Wing statement. • Nasacreditpostedtoyoaraocountt Pleaae allow up to 30d%-s train the date on Mir credit voucher or acknowledgement letter for the merchant credit to post. • Is tie charpersimantunfaatslliarP Cho.kwitb oOmperacns autbodud toneetbeacwant io make suretbW didnotmakethechap. Itispoesib)ethatthemerdtanto'billingaames andstarenames areditlerentoramounte can eas4 be conhisedwith aimilar charges or include tips. One waytoeheckforthe cradits or to viewtianaactiondetails is tolook atyour accamtstalementsonGne.Ifyooare aoteruoliedinOoliasBanldag.1t is easyto enroll using the web address on the front ofyourstatement or give us acall. Please remember:ifyonfind ana monyaarbULyoumugRoUbamnolaterthan Wdays after we sent yawfirst sta tementon which ths sever or problem appeased to preserve your billing rights. Online Banking is available 24 home a day, 7 days a week and ?./ allows you to view the most recent activity on your accouat p$plYlur 488&9A8.0235 For prompt service, please have the merchant reference number(s) available for the charge(a) in question. X4 PAYNG turmw r We will not charge interest on Purchase, on the next statement if yon pyrthe New Balance Total in full by the Payment Due Date, andy7u bad paid in M by the previous Payment Due Date. We will be& charging interest on Balance Trunfers and Cash Advanciv on the transaction date. C,ALCULI11110ti OF GAtAN = tN1Y.l[CT TO RdTERHBT RATE Average Daily Balance Method (including now Purchases): We calculate separate Balances Subsea to an Interest Rate Eor Purchases sad for sub Introductory or Promotionaldikr balance twulsringof Porebasee. We do this by: (1) cak:glattngadail,rbaians:a faraachda,rin thobiltingdycle; (2) addingall the daily balances together; and (3) dividing the sum of the dadlyhalaaces bytite number dsidays lathe billiutgcycle. To ralcarlaate thedalbbalanoe foreaach dhlylnthis atstetneaatb biliinggde,we: (1 takethebegiomiogbalaea;(2) addaaasroutdequal tothe app]frabia)hilJrPeriodicRate multiplied bytha previous tap's dstlybarlesttm (3) add new Puudnasen, rase Account F'ses, asdnavv'ttaraeacdoaFesa;znd (4) subtraatspplimble pavmentaand credits.ltaardaib balance ie lest than scro we treat it one ztso. Average Balance Method (including new Balaxim Transfers and new Cash Advaneee): We calculate saeeppaarraattee Balances Subject to an Interest Bate for Bidaime Transfers, Cash Advances, andforeach Introductory orPromoticadOffer balance consisting of Balance Transfers or Cash Advances. We do this by; (1) calculating a daily balance for each day in this statement's biliingcyde; (2) calculatlrytadaily balance for so& day prior to this aWEnBalance statement)s aC& h,Avancee with at transaction date athisstPro-Cycle balance Tmnaferor cycle but with a prior to this statement's bitting posting date within this statement's hiBingcyck: (3) adding all the daily balances together; and (4) dividing the sum of the daily balancoa by the somber of days in this statement's hilling cycle. 'to calculate the daily balarnx for each daffy in this statement's billing cycle, we: (1) take the beginning balanm: (2) add an smount equal to the apple" Daily Periodic Rate multiplied bathe previous day's daily balance: (3) add new Balance Transfers, new Cash Advances and Tranesction Fees; and (4) subtract appliic able payments and credita. If any daily babutce is low than we we treat itsszero. To calculate adaibrbaisnce for each day prior to this statamant'e billingeycle that had aPmZy debalanoe; (1) we take the beginning belance attributable solely toPre•4ycle balance (which will be zero on the transaction date oftho Of Pro-Cycle balancer (2) add ana mmat equal to the applicable Daily periodic Rats multipliedbyths previous day's ddlbrbalancet (3) and add only the applicable Pre-Cyele balances and their related Transaction Fees. We exclude from this catculai im all uraarsactiama posted in previous billing cycles. We credit nvAed payments as of the date reeeivai, if the payment is. (1) received by 5p m. I" time at the address shown on the remittance slip ettthe heatofyvurmonthtr statement; (2) paid with a check drawn in US. dollars on aU.S, financial )nstitutieaor a U.S. dollar money order; and (1) sent in the return envelope with a* the remittance portion ofyonr statement aecompsiVing it Payments received by mail after 5 p.m. local time at the remittance sddrass on say day including the Payment Due Dote, but that otherwise most do above requirements, will be credited as of the next day. payments made online or by phone will be credited as of the date of receipt if made by 5 p.m. Central Credit for mw other payments may be delayed up to flue clays. No payment shalloperate as an accord and satisfaction without the prior written approval of one of our Senior Olficcre. We process most paystisntdtedcs sbwtrenicaily by using the infornudtion found an youreheck. Rach cheek authorizes us to createa one-time electronic funds transferor process it as &check at paper draft. Furls maybe withdrawn ft o your account &a soon as the same day we receive your payment. Cheddw are not returned to you. Fornaere information or to stop the electronic funds tranatars,call us at the number listed on the hunt. If youbaweauthorized ustopsyy»urcraft cardbill automaticallyfomyoursavings or &seeking account with us, you can stop tlis payeaent on nay amount you think is wrong. To no payment. your letter must reach as at least three business days before the automatic payment is scheduled to occur. M AM Attn:Billfngfagald" POHoaSBRl1A)UPaso,T%49588 Wben writing, piewinchtdeyawNiure, AesonntNumber, the Dispatuad Assoaat.l[m'ehaaat ttarne, 7`ranaaada[mi Data, and refavnce number of the disputed item and specific dewls regard your dispute, iaclndiag dates of cwtad with the merchant and the merchaat's response in sub instance. Please include an supporting documsatatiaryincluding sides and credit vouchers, contract and postage return receipts as proof ofar y returns. TOTAL Nsilt!RFST GKVWE COMMUTATION Int'imtCharges accrue andarecompourded on adaily basis. To determine the Interest Chaps we multiply each Balance Subject to Interest Rate by its appikashle Daily PeriodlcNats and thstresult is multiplied by the number ofdays in the bRiitt?mile.lb dutonnine the total Interest Charge for the billing cyrh, we add the Periodic Rate interest Cias.rges tdagothor. ADeity Peewit Rate is calculated by dividing an Annual Pernmtags Rateby355, l4OW WE ALLOCATE YOUR P1AYAMM if yourAmunt has balances with different APlla, we will allocate the amount of your pe rmentequal to the Total Minimum PWWentDue to the luWWAPR balances first (iachsdmg transactions made after this statement). Payment amounts in awets atyear Tote] Minimum Payment Due will be applied to haktoces with higher APRs bello a babirim withlowerAPRa. IMPORTANT IsIF0lptiAT10N A80I rr AAYbliffMb BY PHONE When using theoptionnlPgy-by-Phens service,youauttbnrisauetoinitlate an etecU** payment from your amount at the financial (aWtutionyou designate, you must authorize theamountandtiming ofeachpayment, Px.your we will ask for ®?tiginformation.Afeeamapplyforezpeditedsevice. o'act?e:all usbeierethe ?dubdpwineow date. gemedarPayments ceorwtbeedited orcanceleiL 'I'beTotalCredit Line is the amount of credit mailable for the acxraat; however, 0* a Portion ofthat is avail" for Bank Cash Advances, The Cash Credit Line is that amount you have available for Rank Cash Advances. Generally, Asnk (lash Advances oonsistof ATM Cash Advances, Over the Counter(OTC) Cash Advances, Same-DayOniine Cash Advances, Overdraft Protection Cash Advances, Cash Equivalente.Returned payments, and applicable transaction fees. M18C W4111OtaB "Promotional Rate End Date: This date is based on afuture statement closing date. ifyou obs p4eyour payment due date, this dale eouldchange.Transactions must meet offer conditions in order to quality for the promotional rate. For the complete terms and conditions o1your account, consul tyour Credit Card Agreement FIA Carts Services is a tradeusme of ETA Card 9ervioes, NA. This account is issued and administered by FiA Card Services, N.A. IfyourbiBinga itessorcontactinformationhaschanged,arifyomaddressis incerroct as it appears as this bM piesse provide all eorreeticm best, Address 1 Address R City state zip Area Code do Home Phone Area Cwk & Wort Phone WMd.Paints 3NE 4284 2942 2335 2810 September 18.October 18, 2011 Page 3 of 4 rrenarcti,7 pomw Arbr Debt DracroWn Rafaene• Account Numbw Nwnb•, Amount row/ interest Charged 10/18 10/18 InWest Charged on Bank Cash Advances 0.00 TOTAL IH7 NST FOR 7M$ F%RIOD $21L59 form rTotelinterest harged in 2011 50,00 charged in 2011 $220,55 Your Annual Pmeentage Rate (APR) is the annual interest rate on your account. Annual Promotional Pro notional Prornooonal Balance Interest Peroentege Transaction Offer ID Rate End Subject to Charges by Rate Type Date Interest Traraaotlon Rate Type Halmuo DUeat: Deposit and Check Cash 4.754 Ad cute" Bank Cash AdVaneea 4.7Sf p 0.00 g 0.00 ;1 0.00 0 0.00 • ?W/ 0 tilr9OLAA POINTS Mrs !1011TH W?Pbftds 3. * 0 TOTAL MW POINTS THIS 110M IAN 0 YOUR TOTAL imaLMA POINTS SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ ~ L L° ~~ -'.J r ; ~,; c Sheriff ~, ~-' i I ~ ~. ~7 ~~ ~ ~~'$ ~l h E~ ~~., ~°~'' ~4~ti~n v1 ~uuir7r~,r~~~ Jody S Smith ~ ~ ~ ~~~ ~ ~ ~~ ~ ~ Chief Deputy ~ ~ ~,~ ~t ~ ~, ~ ~~, ~~ Richard W Stewart ~~M~~~(rA~~ CO~J~T`~~ solicitor ~'~~=c~ ` µ~R'~f PENNSY~.VANi~ FIA Card Services, N.A. vs. Case Number Chenin Hollaway 2012-6828 SHERIFF'S RETURN OF SERVICE 11/19/2012 07:03 PM -Deputy Shawn Harrison, being duly sworn according to law, serv the requested Complaint & Notice by "personally" handing a true copy to a person representin a elve to be the Defendant, to wit: Chenin Hollaway at 509 Charles Street, Shippensburg Boroug i ensb rg, PA 17257. 'DEPUTY SHERIFF COST: $68.00 November 21, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF !pj Cr=untySude SL+E^tT, 'trleosett, In;. 2145330 The Law Offices of Frederic I Weinberg & Associates, P.C. BY: Frederic I. Weinberg, Esquire Identification No.: 41360 Joel M. Flink, Esquire Identification No.: 41200 1001 EE..Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 P„OTII0 OTA .'. 2114 AUG 16 PIT PENCUNNS AND COUNTY L. VA NIA Y FIA CARD SERVICES, N.A. vs. CHEN.IN N:EOLLAWAY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 12-6828 CIVIL ORDER TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the judgment entered January 14, 2013 in the above -captioned matter satisfied upon payment of your costs only. The Law Offices of Frederic I. Weinberg & Associates, P.C. BY: Frederic I./Weinberg, Esquire Joel M. FlinkQ,fJEsquire Attorney foPlaintiff OW41.6cPacifi eig_ciode g{* 3bgy81