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HomeMy WebLinkAbout07-2337r 2034203 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. THERESA M FLOWERS 69R WINTER LN ENOLA PA 17025-2152 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 07 - a3a7 ~,~~L ~.~ 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 f 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 $2,090.44. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,090.44 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 12/18/03. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,090.44 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EINB G, ESQUIRE PAUL M. SCH FIEL JR., ESQUIRE Attorney for aintiff P01A 1 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. WEI B G, ESQUIRE EXHIBIT "A" THERESA td FLOiIERS 4121741761928931 CAPITAL ONE SANR AF8'IDAVIT 2034203 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 thin 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 4121741761926931in the amount of $1,956.99; 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 beat of my knowledge, information and belief. ' S RUBIN Sworn to and Sub~cr/ibed before me this ~( day of ~_, 2oa7 Notary Public NotaryPu6~c~NowYo~c R~~~E614i2r2 'Q~~,~~~ ~nSliffolkCoumy n ~? n a ~~, ~ -„ ~ ~ ~ ~ ~ ,~ ~- _ ^ ` N j ~ V "'> ~~ _ -° {"< ~, °` c~ W ~ ~ ~ _=~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-023Ii7 P COMMONWEALTH OF P~NSYLVANIA: COUNTY OF CUMBERL D CAPITAL ONE BANK vs FLOWERS THERESA VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland Count ,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FLOWERS THERESA DEFENDANT at 69R WINTER the ,~ at 1910:00 HOURS, on the 27th day of April 2007 ENOLA, PA 17025 by handing to JOSEPH FLOWERS (SON) a true and atte ted copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Cost Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 .00 b~241d? 4 Sworn and Subs~ibed to before me this ___ day So Answers: CC, ~iiL .~~G.i"~.r iDM~ R. Thomas Kline 04/30/2007 GORDON & WEINBERG By: , Deputy eriff of ~ A.D.