HomeMy WebLinkAbout07-51742038955
j THIS IS AN ARBITRATION MATTER.
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
ASSESSMENT OF
Capital One Bank
4851 Cox Road
Glen Allen, VA 23060
vs.
ROBERT A SHOKES, JR.
900 BRENTWATER RD
CAMP HILL PA 17011-1505
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.
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
a
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
$2,160.88.
5. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $2,160.88 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 April 18,
2004.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$2,160.88 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY•
FREDERIC I. WEINBERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
POlA
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
EXHIBIT "A"
2038955
Capital One Hank
ROBERT A SHOR83, JR.
~ 4121741530414429
® AFFIDAVIT
~ I, SARA ROBIN, 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
4121741530414429in the amount of $2,111.93; 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.-~o the best of my knowledge,
information and belief.
~ S IIBIN
~_
~ Sworn to and Subscribed
~ before me this daY
~ of ~ 2007
...~.
Notary Pub is
gut ~ 7 ~
James J. Flood III
Notary PubNc, State of New York
Reg. #01 FL6142574
Qua4itled in Suffolk County
My Commission Expires 03/20/2010
I
I
f
I
1
I
I
I
iI
I
w ~
c
-;.
~~;
~, ;
r
i
r ., .
C_. -.
~ ~ ~==
~~
N
c~
c-~
N
to
K.Y3
-~,
~~
_ T7
t { C~)
~-~s
_}{°?
;~ !"il
..,C
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-05174 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK
VS
SHOKES ROBERT A JR
DAVID MCKTNNEY
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SHOKES ROBERT A JR
the
DEFENDANT
at 1740:00 HOURS, on the 13th day of September, 2007
at 900 BRENTWATER ROAD
CAMP HILL, PA 17011-1505
ROBERT SHOKES JR
by handing to
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 13.44
Affidavit .00
Surcharge 10.00
.00
A~2~e~6? ~,,,~ ~ 41.44
Sworn and Subscibed to
before me this day
So Answers:
~~
R. Thomas Kline
09/14/2007
GORODN & WEINBERG
By. ~-
eputy Sheriff
of A.D.