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HomeMy WebLinkAbout07-13922033107 ` THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. CORDON & 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. ELIZABETH ANDERSON 533 S HANOVER ST CARLISLE PA 17013-3919 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. Q~'- /3q.'~ ~v~~ C 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 $6,004.64. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $6,004.64 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 1/6/04. WHEREFORE, plaintiff claims of the defendant(s) the sum of $6,004.64 plus applicable costs, interest and attorney's fees. CORDON & WEINBERG, P.C. BY: FREDERIC W INBERG, ESQUIRE PAUL M. S IELD, JR., ESQUIRE Attorney for Plaintiff 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. ,. FREDERIC WEIN ERG, ESQUIRE EXHIBIT "A" 2033107 Capital One Bank Es.zz~Tx ArroERSOx 5307581925515387 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 5307581925515387in the amount of $5,670.66; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correc to the be f my kr~9wledge, information and belief. SARA RUBIN Sworn to and Subscribed before me t is day of L 1 / / 2006 Public Q~' 0~~ Dawn felicciardi Notary Public, State of New York No. 01 F~6141635 Glualifiecl iR Suffialk ~aur~ty My Comml~sion Expfro~ 02/27/2010 ~ ~ (~ '69- ~( c= ~^ t Yr tV -r_s ~__'~ -r1 --i -r ~`S 1 -r i -' (' ., e ~ ' - `."3 -~ i `~ '-G `} 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 07-1392 ELIZABETH ANDERSON PRp,ECIPg FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, ELIZABETH ANDERSON, and assesses the damages as per statement below. FREDERIC I. WEINB RG, ESQUIRE PAUL M. SCHOFIELD, ., ESQUIRE Attorney for Plaintiff Principal $5,670.66 Interest from 12/4/06 Q25.9% $575.41 Costs (Complaint & Service) $88.30 Total: $6,334.37 I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. FREDERIC I. WEINB G, SQUIRE PAUL M. SCHOFIELD, R., ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this ~ day of ~_~11i~~ _ 2007 Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the su of $6,334.37 as per the above certification. r honotary ' ~+ 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 vs. ELIZABETH ANDERSON COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO 07-1392 CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; Capital One Bank and that the last known address of defendant, ELIZABETH ANDERSON, 533 S HANOVER ST, CARLISLE PA 17013-3919. GORDON & WEINBERG, P.C. BY: FREDERIC I. INB RG, ESQUIRE PAUL M. SCHO D, JR.,ESQUIRE Attorney for Plaintiff .~ GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, Identification No.: PAUL M. SCHOFIELD, JF Identification No.: 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Capital One Bank vs. ELIZABETH ANDERSON COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1392 AFFIDAVIT OF NON-MILITARY SERVICE FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he represents the plaintiff in the above- entitled case; that he is authorized to make this affidavit on behalf of the plaintiff; and that the above-named defendant is over twenty-- one years of age; that the address of the defendant is, 533 S HANOVER ST, CARLISLE PA 17013-3919; that the occupation of the defendant is unknown; and that the defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Sworn to and Subscribed Before me this ~ ~ Day 2 0~j7 . otary Public COMMONWEALTH OF Pw SYLVANIA NOTRRIA ~~~~ cHRISTIN~ ~ ~~;I.~~, ~~c~~ ~~~lly~ Cilry Of Ph;?a~~`~~~"•:° }Y;E;4 Grunty 20QA ~t.: ESQUIRE 41360 ESQUIRE 81894 FREDERIC I. WEI ERG ESQUIRE PAUL M. SCHOFIE R. ESQUIRE Attorney for Plaintiff ,, 2033107 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE - Identification No.: 81894 X21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Capital One Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY °- - vs. DOCKET NO. 07-1392 .ELIZABETH ANDERSON NOTICE OF INTSN'PION TO TARS DEFAIILT PTO/PARA ELIZABETH ANDERSON ~_ 533 S HANOVER ST _ CARLISLE PA 17013-3919 DATE OF NOTICE/FECHA DEL AVISO: April 10, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY FOR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, ~A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR BOTHER IMPORTANT RIGHTS. C YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO -T0 OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERIC I. W INBE ESQUIRE PAUL M. SCHOF JR., ESQUIRE PLOD-2 .,~ C"'- C_ ca `_~ ~ ... ~ ~~ ~~ r+~ ~ ~ ~ ~ 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 2033107 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 07-1392 ELIZABETH ANDERSON NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $6,334.37. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. BY: FREDERIC I. EINB RG, ESQUIRE PAUL M. ECHO IELD, JR.,ESQUIRE Attorney for ntiff Dated: April 26, 2007 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01392 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS ANDERSON ELIZABETH SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ANDERSON ELIZABETH the DEFENDANT at 1730:00 HOURS, on the 15th day of March 2007 at 533 S HANOVER STREET CARLISLE, PA 17013 by handing to DAVID ANDERSON (HUSBAND) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4 . 8 0 .~~~ ?.f f ilavlt . 00 Surcharge 10.00 R. Thomas Kline .00~ 32.80 03/16/2007 3I~Ip~ GORDON & WEIN Sworn and Subscibed to By: before me this day eputy Sheriff of A.D. ;" «~' :,,' .