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Home My WebLink About07-1391i 2033109 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 Capital One Bank P.O. BOX 85147 RICHMOND, VA 23276 vs. CHERYL MATTHEWS 24 EVERGREEN LN CARLISLE PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. : O7 - 134 ~cu~C~F2~ 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 $1,147.79. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $1,147.79 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 9/8/04. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,147.79 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE NB G, ESQUIRE PAUL M. SCHOFI D, JR., ESQUIRE Attorney for Plaintiff POlA 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. FREDERIC I. W INB , ESQUIRE EXHIBIT "A" 1 Capital One Bank CHERYL 1~DITTHE943 53075@19275151@7 2033109 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 5307581927515187in the amount of $1,107.98; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and corxect he be of my kr~wledge, information and belief. SARA R TN Sworn to and Subscribed bef re tl~ day off/ Wf,~ 2006 Public n ~~5 Dawn Felicciardi Notary Public, State of New York No. 01 FE6141635 Qualified in SuffoeS p2127 2010 My Commission Exp' ~ K4, ~~- ~ W „~ w ~ t> ~~ ~, ~= i` ~ `7 r,. O --0 ~ _ _ ~ ~~' S ~ N ra i -~ -tit (°"t :%.7 . ~ 1a3 --~ SHERIFF'S RETURN - REGULAR CASE N0: 2007-01391 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MATTHEWS CHERYL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MATTHEWS CHERYL was served upon the DEFENDANT at 2102:00 HOURS, on the 15th day of March 2007 at 24 EVERGREEN LANE CARLISLE, PA 17013 ADELINE SHULTZ MOTHER by handing to 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: So Answers: Docketing Service 18.00 4.80 ~ Affidavit .00 '~ Surcharge 10.00 ~ R. Thomas Kline 00 3~ 03/16/2007 CORDON & WEIN 3 agl0~ Sworn and Subscibed to By: before me this day e uty Sheriff of A.D.