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Home My WebLink About07-19374 2033019 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. AUDREY M CONZ, a/k/a AUDREY SNELL 30 UMBERTO ST NEW CUMBERLAND PA 17070 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 93 NOTICE (2tc) -L"-7ki,71 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 was the holder of a credit card, which at the request of the defendant was issued to the defendant by the plaintiff under the terms of which the plaintiff agreed to extend to defendant the use of plaintiff's credit facilities. 2. Defendant 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 received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of AN Affidavit of Account is attached hereto as Exhibit "A". 4. All the credits to which the defendant is entitled have been applied and there remains a balance due in the amount of $1,391.17. 5. Plaintiff has made demand upon the defendant for payment of the balance due of $1,391.17 but the defendant 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 October 15, 2003. WHEREFORE, plaintiff claims of the defendant the sum of $1,391.17 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEIN ERG, ESQUIRE PAUL M. SCH LD, JR., ESQUIRE Attorney for Plaintiff P01A I VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff 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. WEIN RG)SQUIRE EXHIBIT "A" 2033019 Capital One Bank ti AUDRLY M CONZ 5291151872198633 AFFIDAVIT I, SARA RUBIN, being duly served sworn according to law, depose and say that: 1. 1 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 5291151872198633in the amount of $1,286.21; 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 best of my knowledge, information and belief. SARA IN Sworn to and Subscribed beforg-N th day 2006 Public Dawn Felicciardi Notary Public, State of New York No. 01 FE6141635 Qualified in Suffolk County my commission Expires 0212712010 -rj Zo CZ) - G SHERIFF'S RETURN - OUT OF COUNTY r'ASE`1110: 2007-01937 P --r COMMONWEALTH OF PENNSYLVANIA: .,a COUNTY OF CUMBERLAND CAPITAL ONE BANK VS CONZ AUDREY M AKA AUDREY SNELL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: CONZ AUDREY M AKA AUDREY SNELL but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 24th , 2007 , this office was in receipt of t attached return from YORK Sheriff's Costs: So answers,-.,?- Docketing 18.00 Out of County 9.00 Surcharge 10.00 Thomas ine Dep York County 61.80 Sheriff of Cumberland County Postage .87 99.67 r'513nlo7 05/24/2007 T^ GORDON & WEINBERG Sworn and subscribe to before me this day of A. D. c r COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE OSTRUCTl M PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE OILY l.NE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ Capital One Bank 2 COURT NUMBER ostage 28. Sub Total 29. Pound 30 Notary 31. Surcllg. 32, Tor. Costa LS (a $o .00 37. Notary Cert. 38 MAeage/Postage/Not Found 39. Total Costs 4. TYPE OF WRIT OR COMPLAINT 3 DEFENDANT/S/ NOTICE & Audrey M. Conz Audrey Snell Notice and Complaint CICA SERVE 5 NAME OF INDIVIDU . COMPANY, cORPORATI ETC TO SERVE OR DESCRIPTION Of PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Audrey M. Conz aka Audrey Snell 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO. 7WP ,STATE AND ZIP CODE) AT 30 Umberto Street New Ctimtberland, PA 17070 7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE DEPUTIZE -1 CERT. MAIL U 1ST CLASS MAIL U POSTED U OTHER NOW April 24 2007 I, SHERIF OUNTY, PA, do her by deputizgtcOeriff of York COUNTY to execute this W eturn ther ing to law. This deputization being made at the request and risk of the plaintiff. SHERIFF O C NTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (,?prldLld OUT OF COUNTY ADVANCE FEE PAID BY ATTY. Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS o f ATTORNEY / ORIGINATOR and SIGNATURE R E D E R I C E I . W E I N B E R G 10. TELEPHONE NUMBER 11. DATE FILED 21 SOUTH 21ST STREET., PHILA , PA 19103 1215-988-9600 4/10/2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LW 13. 1 aclano+rledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M d M C G I L L Y C S O 1 4/25/2 00 7 1 5/10/2007 16. HOW SERVED: PERSONAL'$) RESIDENCES POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby certiy and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME ND TITLE O INDIVIDUAL SE ED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship t o Dete ndan 19. Date of Service 20 Time of Service to ? + 21. A Dale Tim ilea Int. Dat ime miles Int. Date Time Miles Int. Date Time Miles int. Date Time Miles Int. Date Time Miles Int. ,?s V ) L40 22. REMARKS: 23. Advance Costs 24. Service Costs 25. N/F 26. Mile' $100.00 C 34. Foreign County Costs 35. Advance Costs 36 Service 41. AFFIRMED and subscribed to bef me this t; ? 42. day of May .20 0 743. &JAQA COMMONWEALTH OF PEA ? QTA NOTARIAL SEAL LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY 50.1 !r',pcac Due o{Refund Check r ? I 40 Costs Due or Refund 44. Signature of 45. DATE Dep. Shenff S . f-j . S . a1 46. Signature: of Yak 47. DATE County Sheriff Willian Iv, Hose, Sheriff /x7/07 48. Signature of Foreign 49 DATE County Sheriff SIGNATURE ATE RECEIVED 1. WHITE - Iswang Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Shears Office 4 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Capital One Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. : 07-1937 AUDREY M CONZ PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, AUDREY M CONZ, and assesses the damages as per statement below. FREDERIC I. WEI ER , ESQUIRE JOEL M. FLINK, IRE Attorney for Plaintiff Principal $1,286.21 Interest from 12/5/06 @25.9% $213.57 Costs (Complaint & Service) $192.17 Total: $1,691.95 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. WEI RG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: +? t AND NOW, this day of ? 4 , 2007 Judgment is entered in favor of the plaintiff(s) a against defendant, for want of an answer and damages assessed at the sum of , $1,691.95 as per the above certification. Q O /51 " P. P thonotary GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Capital One Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 07-1937 AUDREY M CONZ 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, AUDREY M CONZ, 30 UMBERTO ST, NEW CUMBERLAND PA 17070. GORDON & WEINBERG, P.C. BY: FREDER' ?FLT C I. W INBERG, ESQUIRE JOEL M ESQUIRE Attorney or Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Capital One Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. : 07-1937 AUDREY M CONZ 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, 30 UMBERTO ST, NEW CUMBERLAND PA 17070; 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 o? Day of 2007. Notary Public COMMONWEALTH OF PENN-SYLL-00ft EsARBA:RtA TARIAL SEAL PISANICK, Notary Ptlb is adeiphie. Pl k- t t WtY ion E S 29,2W9 -4?n FREDERICEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff fiA zf" 9 W co t? 7 b., ? C' W D - ?, t 2033019 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 z 21 SOUTH 21ST STREET z PHILADELPHIA, PA 19103 215/988-9600 z Capital One Bank COURT OF COMMON PLEAS z CUMBERLAND COUNTY z Vs. DOCKET NO. : 07-1937 AUDREY M CONZ NOTICE OF INTENTION TO TAKE DEFAULT TO/ PARR AUDREY M CONZ AKA 30 UM13ERTO ST NEW CUMBERLAND PA 17070 DATE OF NOTICE/FECHA DEL AVISO: May 31, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR 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 OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO 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 & WEINBER P.C. BY: FREDERIC I. ERG, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE P10D-2 . :64 . 2033019 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 Capital One Bank Vs. AUDREY M CONZ COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO 07-1937 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 $1,691.95. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. Dated: July 27, 2007 GORDON & WEINBERG, P.C. BY: FREDER C I. WEINBERG, ESQUIRE JOEL M. INK, ESQUIRE Attorney for Plaintiff A(igi aoo'7 /5/ cv? P- • col 0':8