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Home My WebLink About03-3934NC002991 THIS IS /LN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: PAUL M. SCHOFIELD, JR.,ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 DISCOVER BANK DISCOVER CARD CHARGE-OFF HILLIARD OH 43026 vs. BRIAN C BERKHEIMER 227 1/2 PENNSYLVANIA AVE ENOLA PA 170253031 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKBT NO.:~)~ --.~2(/ 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 kRE 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 NAVE 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) 24903166 NC002991 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DA34AGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: PAUL M. SCHOFIELD, JR.,ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 DISCOVER BANK DISCOVER CARD CHARGE-OFF HILLIARD OH 43026 vs. BRIAN C BERKHEIMER 227 1/2 PENNSYLVANIA AVE ENOLA PA 170253031 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 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 merchandise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. 4. Ail the credits to which the defendant(s)is entitled have been applied and there remains a balance due in the amount of $2,631.93. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,631.93 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. W~EREFORE, plaintiff claims of the defendant(s)the sum of $2,631.93 plus 6% interest from 10/31/2002, plus court costs, and attorney's fees all of which is justly due and owing from defend- ant(s) to plaintiff. P01A GORDON & WEINBERG, P.C. ~P~UL M. SCHOFIELD, JR.,ESQUIRE Attorney for Plaintiff VERIFICATION PAUL M. SCHOFIELD, JR.,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. //'/ - ~PAUL M. SCHOFIELD, JR.,ESQUIRE Date: July 23, 2003 SHERIFF'S CASE NO: 2003-03934 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS BERKHEIMER BRIAN C RETURN - REGULAR GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon BERKHEIMER BRIAN C DEFENDANT , at 1600:00 HOURS, on the 18th day of August at 227 1/2 PENNSYLVANIA AVENUE ENOLA, PA 17025 by handing to BRIAN C, BERKHEIMER a true and attested copy of COMPLAINT & NOTICE the · 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this 25~ day of ~rothonotary ~ ~ ' So Answers: R. Thomas Kline 08/19/2003 GORDON & WEINBERG ~ Depu%y She~f GORDON & WEINBERG, P.C. By: PAUL M. SCHOFIELD, JR.,ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 DISCOVER BANK VS. BRIAN C. BERKHEIMER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 03-3934 civil 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. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL PAUL M. SCHOFIELD, JR.,ESQUIRE AT 215/988-9600. GORDON & WEINBERG, P.C. Dated: September 22, /~PAUL M. SCHOFIELD, JR.,ESQUIRE Attorney for Plaintiff 2003 GORDON & WEINBERG, P.C. By: PAUL M. SCHOFIELD, JR.,ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 DISCOVER BANK : VS. : BRIAN C. BERKHEIMER : COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 03-3934 civil PRAECIPE FOR J~JDGMENT The Prothonotary will matter by default for want BRIAN C. below. please enter Judgment in the above of an answer against the Defendant, BERKHEIM~damages as per statement PAUILa~. SCHOFIELD, JR.,ESQUIRE Attorney for Plaintiff Principal $2,631.93 Court costs $155.50 Interest from October 31, 2002 @6% $141.04 Total: $2,928.47 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 oc.~u~red and at least ten (10) days prior to the date of the fil~~. / PAUL M. SCHOFIEL~ JR.,ESQUIRE ~?Atto~ Plaintiff Filed: By the Prothonotary: Judgment is entered in favor ef the plaintiff(s) and against defendant, for want of an answer and damages assessed at time of trial. Prothonotary GORDON & WEINBERG, P.C. By: PAUL M. SCHOFIELD, JR.,ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 DISCOVER BANK vs. BRIAN C. BERKHEIMER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 03-3934 civil CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; DISCOVER BANK, DISCOVER CARD CHARGE-OFF, HILLIARD, OH and that the last known address of defendant, BRIAN C. BERKHEIMER, 227 1/2 PENNSYLVANIA AVE, ENOLA PA 17025. GORDON & WEINBERG, P.C. By: PAUL M. SCHOFIELD, JR.,ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 DISCOVER BANK VS. BRIAN C. BERKHEIMER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 03-3934 civil AFFIDAVIT OF NON-MILITARY SERVICE SCHOFIELD, JR.,ESQUIRE, being duly sworn according and Sailors' Civil Relief Act of 1940 and the amendments thereto. Sworn to and Subscribed e ore me No' //~ / ~mmiss~p~e:~0;~04,'t / PAUL M. SCHOFIELD, JR., ESQUIRE ~torney for Plaintiff over twenty-one years of age; is, 227 1/2 PENNSYLVANIA AVE, occupation of the defendant is not in the Military Service of the or Territory thereof or its allies that the address of the defendant ENOLA PA 170253031; that the unknown; and that the defendant is United States, nor any State as defined in the Soldiers' PAUL M. 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 GORDON & WE1NBERG, P.C. By: PAUL M. SCHOFIELD, JR.,ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 DISCOVER BANK : BRIAN C BERI(HEIMER : COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 03-3934 civil NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA : BPdAN C BER_KHEIMER DATE OF NOTICE;FECHA DEL AVISO: September 9, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE AS SET FORTH ABOVE, A TUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: AVISE IMPORTANTE USTED ESTA EN REBELDIA PORQUE HA FALLADO EN TOMAR LA ACTION EXIGIDA DE SU PA.RTE EN ESTE CASE. A MENOS .DE QUE USTED ACTUE DENTRO DE DIEZ DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE REGISTRAR UNA SENTENCIA CONTRA USTED, SIN EL BENEFICIO DE UNA AUDIENCIA Y PUEDE PERDER SU PROPIEDAD O DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE AVISO A UN ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, DEBE COMLrNICAILESE CON LA SIGUIENTE OFICINA PARA AVERJGUAR DONDE PEUDE OBTEN ER AYUDA LEGAL: INSERT MACRO FOR CORRECT COUNTY GORDON & WEINBERG, P.C. P10D CHOFIELD, JR.,ESQUIRE /