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Home My WebLink About07-51722039000 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. 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 4851 Cox Road Glen Allen, VA 23060 vs. THEODORE L HILL 162 KEN-LIN DR CARLISLE PA 17013-9753 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 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 $4,244..16. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $4,244.16 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 June 3, 2004. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,244.16 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: ~ 1 ~ FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff POlA f 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. WEINBERG, ESQUIRE Capital One Bank THEODORE L HILL 2039000 - 4121741761964381 ...:.. ~ AFFIDAVIT r~ 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 4121741761964381in the amount of $4,145.67; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this-matter. The above facts are true and corre toy the beat of my knowledge, information and belief. SARA RUBIN Sworn to and Subscribed ~_ ~ before me this day .°~. .~ of 2007 "~ ,~U` ~. Notary Publi James J. Flood 111 Notary Public, State of New York Reg. #Q1Fl.6i4257a Qualified in Suffolk Couniy My Commission Expires O~i~(1~?(11p ~ ~ ~. ~ -~:~~~, d ..~ V ~ MM ... yP I _ * ~. (J~/ `Tj ... N :~ ~~ N V N hJ 0 ~,~ ~~~ <~ ,- r. ~'} `( i j^tii r~ -G SHERIFF'S RETURN - REGULAR CASE NO: 2007-05172 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS HILL THEODORE L KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HILL THEODORE L the DEFENDANT at 2039:00 HOURS, on the 31st day of August 2007 at 162 KEN-LIN DRIVE CARLISLE, PA 17013-9753 by handing to KIMBERLY HILL, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 of1.~Is~ /1 32.80 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 09/04/2007 GORDON & """"""""" By: A.D. 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. 07-5172 THEODORE L HILL PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, THEODORE L HILL, and assess the damages as per statement below. FREDERIC I. W NBE G, ESQUIRE JOEL M. FLINK UIRE Attorney for Plaintiff Principal Interest from 7/5/07 $4,145.67 Q21.15% $228.21 Costs (Complaint & Service) $111.30 Total: $4,485.18 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 G, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW , thi s * _ day of ~'~'~b~r 2 0 0 7 Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum of $4,485.18 as per the above certification. ~~I (,~ ~_ ~honotary ,per 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 vs. THEODORE L HILL COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO 07-5172 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, THEODORE L HILL, 162 KEN-LIN DR, CARLISLE PA 17013-9753. GORDON & WEINBERG, P.C. BY: FREDERIC INBERG, ESQUIRE JOEL M. F ESQUIRE Attorney for Plaintiff CORDON & 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 vs. THEODORE L HILL COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 07-5172 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, 162 KEN-LIN DR, CARLISLE PA 17013-9753; 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 v Before me t~h~is ~ ~ Day o f G ~~~~"~"`~ ~ 2 0 0 7. ~,.~.~- ~ G~li Notary Publi t !l+,c',.ti,~+V`l~.A~:TN C3F PFe .:' BARBARA A. PiSANtCK, Notary Public City of Philadelphia, .Phila. County. M Comrnis~ion E ~res Ju 29, 2009 FREDERIC I. WEI G, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 2039000 GORDON & WEINBERG, P.C. BY: FREDERZC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLZNK, ESQUIRE Identification No.: 41200 , 1001 E. Hector Street, Ste 220 ~ Conshohocken, PA 19428 ~ 484/351-0500 ' ~ Capital One Bank COURT OF COMMON PLEAS ..... ~ CUMBERLAND COUNTY s~ vs. DOCKET NO. 07-5172 THEODORE L HILL TO/PARA NOTICS OF ITS -~TION TO T111C8 DSFIIIILT THEODORE L HILL 162 KEN-LIN DR CARLISLE PA 17013-9753 DATE OF NOTICE/FECHA DEL AVISO: September 27, 2007 I1[FORTAliT NOTICS YOU ARE IN DEFAULT BECAIISE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PER90NA,I,LY OR BY AN ATTQRNEY RND FIDE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO fiHE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT MAY B$ ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR QTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IP 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 38RVICES TO ELIGIBLE PERSONS AT A REDUCED PEE OR NO PEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 3. BEDFORD STREET CARLISLE, PA 17013 (7Z7) 249-3166 GORDON & WEINBERG, P.C. BY- FREDERI I. NBERG, ESQUIRE JOEL M. ESQUIRE P10D-2 F ,.SJ ~~ h ~-.~ ~ Q O ~= r"' t_ i, ` -, r~ _ c_,_ ~ ~ ~~ .~- ~ ~ . -L 2039000 CORDON & WEINBERG, P.C. i 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 07-5172 THEODORE L HILL 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 $4,485.18. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL CORDON & WEINBERG, P.C. AT 215/988-9600. CORDON & WEINBERG, P.C. Dated: October 8, 2007 BY: FREDERIC I. W NBERG, ESQUIRE JOEL M. F ESQUIRE Attorney for Plaintiff