The URL can be used to link to this page

Home My WebLink About06-71644 2031866 THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 ASSESSMENT OF BANK OF AMERICA, N.A. (USA) 1825 E BUCKEYE RD PHOENIX, AZ 85034 VS. CINDY K STRAIT 174 RUSTIC DR SHIPPENSBURG PA 17257-9460 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 'My 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 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 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 $6,126.61. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $6,126.61 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 6/13/06. WHEREFORE, plaintiff claims of the defendant(s) the sum of $6,126.61 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. (FI NB RG, ESQUIRE PAUL M. SCH , JR ., ESQUIRE Attorney for Plaintiff P01A VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff (3) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC WEIN ERG, ESQUIRE STATE OF Georgia ) CITY OF Cobb ) BANK OF AMERICA, N.A. (USA) V. CINDY K STRAIT AFFIDAVIT OF ACCOUNT X031866 COMES NOW, Nicole Gunnell, and after being duly sworn before the below person authorized to administer oaths states the following: 1. I am over 18 years old and sui iuris. 2. 1 am agent for Bank of America, N.A. (USA). 3. I am familiar with the books and records of the Plaintiff. 4. These books and records are kept in the ordinary course of business. The agreement attached hereto is true and correct. 6. The Defendant (s) owe (s) the principal sum of $6,126.61. 7. 1 know no liability insurance, bond or other security which may be available to pay this debt. The Defendant (s) account number for which he owes the debt is 4356023300559519. 9. The Defendant (s) is/are not a minor nor an incompetent person. 10. Affiant has no knowledge of whether the Defendant (s) is/are on active duty in the military. 11. The Defendant (s) is/are past due on this account and in breach of the contractual agreement to pay as agreed. Agent icole Gunnell Bank of America, N.A. (USA) Sworn to and subscribed before me this of &;&, 2006. NOTARY PUBLIC My Commission Expires: o???S?o? GORDON & WEINBERG. P.C. 06128300 \\`'%%junm" lppr .``? ? PET EF?,q G\' 0 25 ?, FE ti plJe?J2? /?i •... N..IIN•1?JN O :\ ,,,0,0 lv C .? D .. y co SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07164 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF AMERICA NA VS STRAIT CINDY K R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STRAIT CINDY K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , STRAIT CINDY K 174 RUSTIC DRIVE , NOT FOUND , as to SHIPPENSBURG, PA 17257-9460 DEFENDANT IS BELIEVED TO BE LIVING IN ORRSTOWN. Sheriff's Costs: So answers -=? Docketing 18.00 Service 17.60 Not Found 5.00 R. line Surcharge 10.00 Sheriff of C mberland County .00 5 0 . 6 0 GORDON & WEINBERG 1 12/28/2006 Sworn and Subscribed to before me this day of A. D. 2031866 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 BANK OF AMERICA, N.A. (USA) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 06-7164 CINDY K STRAIT PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC I W BERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P006 W ? G