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Home My WebLink About07-18262034191 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 VS. VERNA E ESTEP 4708 DELBROOK RD MECHANICSBURG PA 17050-3041 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : O'`I - /??1 (21V 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)tae 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 $1,370.93. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $1,370.93 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 10/29/03. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,370.93 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W ERG, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiff P01A a 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. WE NBER , ESQUIRE EXHIBIT "A" CAPITAL ONE SANK VERNA E ESTEP 4388641948516278 2034191 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 4388641948516278in the amount of $1,303.97; 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 to the be t of my knowledge, information and belief. 5iQ SARA RUBIN Sworn to and subscribed before lmge?this -R day of `?JLU 1 2007 Notary ublic ruisa ierro ot? PO0ubk 9tete 41W2 York Qualified I n Suffolk County 'n,nmis5inr ?v?Umc n•Irlt1201 40. 1 ?- co U&3 CAPITAL ONE BANK : IN THE COURT OF COMMON PLEAS P.O. BOX 85147 : CUMBERLAND COUNTY RICHMOND, VA 23276 V. VERNA E. ESTEP : DOCKET NO.: 07-1826 CIVIL ANSWER OF DEFENDANT AND NOW comes Verna E. Estep, defendant, who answers plaintiff's complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the matter averred. 5. Denied. 6. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the matter averred. WHEREFORE, the defendant respectively requests this Court to dismiss the complaint of plaintiff. ?=? - 677 1, Vema E. Estep, hereby states and verify the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand the statements made herein are subject to the penalties of 18 Pa.C.S.A. section 4904 relating to unswom falsification to authorities. AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA ) . SS.. COUNTY OF CUMBERLAND ) I, Verna E. Estep, forwarded a copy of the Answer of the Defendant, by First Class Mail, to Gordon & Weinberg, P.C., Attorneys for Plaintiff on <insert date>. Verna E. Estep n D C ?; M-71 27'- 7C) SHERIFF'S RETURN - REGULAR CASE NO: 2007-01826 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS ESTEP VERNA E 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 ESTEP VERNA E the DEFENDANT , at 1920:00 HOURS, on the 9th day of April 2007 at 4708 DELBROOK ROAD MECHANICSBURG, PA 17050-3041 by handing to HARLEY ESTEP, 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: Docketing 18.00 Service 12.48 Affidavit .00 Surcharge 10.00 00 40.48 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/10/2007 GORDON & WEINBERG By: eputy Sheriff A. D. 1 C V 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2-(j wo NO c . N ? RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the < Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ?`n6 counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: ` _ I I' IL ? T . V ' '0 va'z fR- WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ?'a'? • tom. j Respectfully submitted, CbC=W ORDER OF COURT AND NOW, petition, Esq., and 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , NO. ?S Z V?Q \ ' Vern ( 5?7° N m Cr; RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: T ' Y?e?Y,6 counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 1210 .? - ? I The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: ! 1 _ WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ??? I ?a?•vv Respectfully submitted, CbCu !1 ?SGT -6 R--tL- -214/3,4;,; ORDER OF COURT AND NOW, 77ZA 4'j- I/ '2470 , in sideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the a v 4 e captioned action (or actions) as prayed for. u By the £ :Z Wd 1 t Am 818l ? r's "%? V. . 19144 BOGARD, CAPITAL ONE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA: VS. CIVIL ACTION - LAW NO. 07-1826 CIVIL VERNA E. ESTEP, Defendant ORDER AND NOW,this ZJ day of April, 2013, our order dated May 11, 2010, appointing a Board of Arbitrators in the above-captioned case is VACATED. BY THE COURT, Kevin . Hess, P. J. s/ Herbert Goldstein, Esquire Court Administrator :rlm 1y14 llb-1i'3 P'1 w —� 7 Y�j Cnf ► ? <C. =