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Home My WebLink About07-0479 f .., 2033081 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF 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 Capital One Bank P.O. Box 85147 Richmond VA 23276 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : O~ - "I'l? Go~L/~ KAREN L QUIGLEY 6201 WALLINGFORD WAY MECHANICSBURG PA 17050-7372 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 v 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 $8,185.68. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $8,185.68 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 7/15/03. WHEREFORE, plaintiff claims of the defendant(s) the sum of ~ $8,185.68 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. FREDERIC I. W INB G, ESQUIRE PAUL M. SCHOF , JR., ESQUIRE Attorney for Plaintiff BY: P01A , VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) 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. EXHIBIT "A" 2033081 Capital One Bank ItAREN L QUIGLEY 5291491795477213 AFFIDAVIT I, SARA RUBIN, being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. After allowing for all offsets and credits, a balance remains on the subject account having account number 5291491795477213in the amount of $8,137.12; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct information and belief. SARA RUBIN knowledge, Sworn to and Subscribed Publi c ..... .I :"':_'jj Dawn Felicciardi Notary Public, State of New York , No.01FE6141635 Qualified in Suffolk County My Commission Expires 02/27/2010 1 (15103. A) ~ ~ if ~ (") f"-..) ~ C c,;:) 0 <;..-:> ;:~.;-> --' ." <- ~-n ~ v., ~P" -.,...... r11- "-> ........ --c' F; 0 r-.., € ~ --0 W )JY ~ ~ --~() ::::: -0 ~~~ -~.... ~ 111 ...1::.. N om --j -F 0 ::.-> ::0 -.I -< .. .. John S. Davidson, Esquire YOST & DAVIDSON Supreme Court J.D. No.: 17139 320 West Chocolate Avenue P.O. Box 437 Hershey, P A 17033-0437 (717) 533-5101 yost.davidson@verizon.net Capital One Bank P.O. Box 85147 Richmond, VA 23276 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY v. : DOCKET NO.: 07-479 Civil Term Karen L. Quigley 6201 Wallingford Way Mechanicsburg, P A 17050-7372 DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Karen L. Quigley, by her attorney, John S. Davidson, Esquire, ofY ost & Davidson, and files the following preliminary objections to Plaintiff s complaint: 1. The Plaintiff's complaint avers that the Defendant "was the holder of a credit card" and the Plaintiff's claim is based upon an alleged contractual arrangement between the Defendant and the Plaintiff with regard to the said "credit card". 2. Pa. R.C.P. 1019(i) requires the Plaintiff to attach a copy of the writing upon which the claim is based to the complaint or, if a copy is not accessible to the Plaintiff, the Plaintiff must .. ..,.. so state and provide a reason therefor. 3. The Plaintiff failed to attached a copy of the written agreement to the complaint and has failed to plead its inaccessibility. 4. The Plaintiffs complaint fails to conform to the requirements of Rule 1019 and should be stricken as improper. 5. With respect to paragraph 3 of the Plaintiff s complaint, the Plaintiff avers that the Defendant accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card. 6. The Plaintiff failed to provide its statements of account by reason of which the Defendant is unable to determine from the pleading, in its present state, the nature of the claim asserted with sufficient precision to prepare a responsive pleading. WHEREFORE, the Defendant respectfully requests this Court to: 1. Strike the Plaintiffs complaint for failure to conform to the requirements of Rule 1019; or 2. Direct the Plaintiff to file a more specific complaint; and 3. Order such further relief as the Court finds appropriate. Respectfully submitted, YOST & DAVIDSON ,.-. Date: (~~ '1, Zda 1 BY'd4: [ [)~h John S. DavIdson, EsqUIre Supreme Court J.D. No. 17139 320 West Chocolate Avenue P.O. Box 437 Hershey, PA 17033-0437 (717) 533-5101 Attorneys for Defendant February2007/Disk#1/Quigley Preliminary Objections 2-9-07 << Capital One Bank P.O. Box 85147 Richmond, VA 23276 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY v. : DOCKET NO.: 07-479 Civil Term Karen L. Quigley 6201 Wallingford Way Mechanicsburg, P A 17050-7372 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a true and correct copy of the foregoing Defendant's Preliminary Objections to Plaintiffs Complaint upon the following counsel of record by mailing the same first-class mail, postage prepaid, deposited at Hershey, Pennsylvania, on this 9 -& day of fe~ ,2007. Frederic 1. Weinberg, Esquire Gordon & Weinberg, P.C. 21 South 21st Street Philadelphia, P A 19103 YOST & DAVIDSON BY:~ r1JCU1k- 000 S. Davidson, Esquire Supreme Court ID #17139 320 West Chocolate Avenue P.O. Box 437 Hershey, P A 17033 (717) 533-5101 Attorneys for Defendant 0 r-..:> 0 (:::) c: = -n s: -..A v!~' ..." ~:D mi'L rrl Z ~,".r~', a;I -oFn z jU__' (j) <..> f~9 -< ~ -~O -0 .'C "'T. ,~(,; q:.:o ::r.: . 0 -";;"C' 6m >2 <..> ~ :=.( 0 ~ U1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-00479 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS QUIGLEY KAREN L STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon QUIGLEY KAREN L the DEFENDANT , at 1920:00 HOURS, on the 30th day of January , 2007 at 6201 WALLINGFORD WAY MECHANICSBURG, PA 17505 by handing to KAREN EPPINGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~11&/01 C}- v 18.00 8.80 .00 10.00 .00 36.80 r'~J-<:~ R. Thomas Kline day 01/31/2007 GORDON & WEINBERG By: ~ & L r~~~Sheri;; Sworn and Subscibed to before me this of A.D.