Loading...
HomeMy WebLinkAbout09-1907sm 2056078 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 CAPITAL ONE BANK (USA), N.A. 4851 Cox Road Glen Allen, VA 23059 Vs. JOHN N ADAMS 8A RICHLAND LN--APT# T-1 CAMP HILL PA 17011-2481 ASSESSMENT OF COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : dq . 1907 0'- I Tprp- 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, if available, 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 as of February 6, 2009 in the amount of $1,584.39. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due 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 3/7/06. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,584.39 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W RG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A Cumberland c G 5 (Q G 7 CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JOHN N ADAMS Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belie Dated: Ottis Coward GOPA Frederic I. Weinberg EXHIBIT "A" CAPITAL ONE BANK (USA), N.A., Cumberland ? os- (00 ? Plaintiff, V. JOHN N ADAMS Defendant(s). AFFIDAVIT The undersigned, being duly sworn, makes the following oath: 1. I am over 18 years old and competent to make this affidavit. I am an authorized agent of Plaintiff CAPITAL ONE BANK (USA), N.A. ("Capital One") for purposes of this affidavit. I am duly authorized to make this affidavit, and because of the scope of my job responsibilities, I am familiar with the manner and method by which Capital One maintains its normal business books and records, including computer records of defaulted accounts. 2. These books and records are made in the course of regularly conducted business activity (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this affidavit are believed to be true and correct based upon my personal knowledge of the processes by which Capital One maintains its business books and records. 3. The books and records of Capital One show that Defendant(s) opened an account with Capital One for the purpose of obtaining an extension of credit and did thereafter use or authorize the use of the account for the acquisition of goods, services, or cash advances in accordance with the Customer Agreement governing use of that account. Further, Defendant(s) has/have breached the Agreement by failing to make periodic payments as required thereby. 4. The books and records of Capital One show that Defendant(s) is/are currently indebted to Capital One on account number 5178052478667112 for the just and true sum of $1541.81 as of 01/14/2009, plus interest accruing from said date at an annual percentage rate in accordance with the Customer Agreement, currently 29.20%, and that all just and lawful offsets, payments, and credits have been allowed. The Customer Agreement entered into between the parties also authorizes Capital One to recover from Defendant(s) reasonable attorneys' fees and costs to the extent permitted by law. Post judgment interest will continue to accrue on Defendant's(s') indebtedness at the rate authorized by law and as set forth in the judgment order. 6. I declare under the penalty of perjury that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. Given under my hand on: Dated: o? 3 16264L?? Ottis Coward County of Chesterfield, to wit: Commonwealth of Virginia SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Ottis Coward, who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this4?0day of N Notary Registration Number: My Commission Expires: / / 20 GOPA Frederic I. Weinberg , 20 G 7 blic Commonwealth of Virginia Jamie Williams - Notary Public Commission ID: 7231087 MY Commission EXP'ru 00112012 WIQ P•• NOTARY .?S PUBLIC •; REG #723`1087 MY COMMISSION ; Q n :• EXPIRES Z -dy •?? 08/31/2012?i /?? ?s LT ?A "601- ° T VA7 _ ? Y - , ee T W D C 7 -s D Sheriffs Office of Cumberland County R Thomas Kline Q??,tp of «i?itrt Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy` Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/30/2009 07:00 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2009 at 1900 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: John N. Adams, by making known unto John N. Adams personally, at 8 A Richaland Lane- #T-1, Camp Hill, Cumberland County, Pennsylvania, 17011, its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $39.70 SO ANSWERS April 06, 2009 R THOMAS KLINE, S IFF Dep y riff Docket No. 2009-1907 Capital One v John N. Adams ocF ? ARY 2009 APR -7 P s= 49 w q ., 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 (USA), N.A. COURT OF COMMON PLEAS -CUMBERLAND COUNTY 2056078 vs. DOCKET NO. 09-1907 JOHN N ADAMS PRAECIPE FOR ENTRY OF JUDGME= FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal ?2 T $1,518.78 Total: $1,518.78 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: CAPITAL ONE BANK (USA), N.A. and that the la"st known address of defendant, JOHN N ADAMS, 8A RICHLAND LN--APT# YFAMP HILL PA 17011-2461. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. AND NOW, this day of , 2009 Judgment is entered in favor of the plaintiff(s).anagainst defendant(s) by default for want of an answer and:dwnage.s assessed at the sum of , $1,518.78 as per the ab certificy `on: fl,7 P othonotar GORDON '&'. WEINBERG, P.C. BY'-' FREDERIC W INBERG, ESQUIRE JOEL M. F IN , ESQUIRE Attorney r Plaintiff 'I /F 1 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 (USA), N.A. Vs. JOHN N ADAMS TO/PARA 2056078 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-1907 NOTICE OF INTENTION TO TAKE DEFAULT JOHN N ADAMS 8A RICHLAND LN--APT# T-1 CAMP HILL PA 17011-2481 DATE OF NOTICE/FECHA DEL AVISO: April 21, 2009 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. BEVFORD. STREET CARLISLE, PA 17013 (717) 249-3166 GORDON.& WEINBERG, P.C. BY: FREDE C I."WEINBERG, ESQUIRE JOEL I. FLINK, ESQUIRE P10D-2 FILED--) i ,E OF THE PROT CANMARY 2009 MAY 11 PM 3* 05 PENNlS t'WJNA ? 14.oo Po ATTY C0203" kl* 2056078 • 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 (USA), N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 09-1907 JOHN N ADAMS 8A RICHLAND LN--APT# T-1 CAMP HILL PA 17011-2481 -NOTICE Pursuant to Pa.R.Civ.P. you are hereby notified you in the above proceec 236 of the Supreme Court of Pennsylvania, that a judgment has been entered against ling as indicated below. Judgment-'W=--Default $1,518.78 Money Judgment $ Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR'JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 " qC P THONOTAR ,~, •,,~. . , Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor r ~t~, °~ t~tuut'erGt,, !~ :~ ~Fz a.,.:~ °- ~ ~ ~~f,L~~ G~fi ~ 1~~~ a ~- ~ Q ~~4, ~ ~,, ~~i~Q ~ _~ ~~ ~~~ ~ ~, , Capital One Bank (U.S.A.) N.A. vs. John N. Adams Lase Number 12009-1907 SHERIFF'S RETURN OF SERVICE 04/14/2010 10:05 AM -Steve Bender, Deputy Sheriff, who being duly sworn according to law, states hat on April 14, 2010 at 0955 hours, attached as herein commanded all goods, chattels, rights, debts, cr dits, and monies of the within named defendant, to wit: John N. Adams, in the hands, possession, or contr I of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Penn ylvania 17013, b~ handing to Mary E. Wheeler, Customer Service Representative, personally three copies f interrogatories together with three true and attested copies of the writ of execution and made the conten s there of known to her. ~~ The writ of execution and notice to defendant was mailed on April 16, 2010 to John N. Adams at 8A Richland Lane, Apt. T-1, Camp Hill, PA 17011-2481. 11!02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of ex~cution is returned as ABANDONED. No action on writ in over 6 months. iii SHERIFF COST: $96.21 SO ANSWERS, '; November 02, 2010 RON R ANDERSO ,SHERIFF III a pD - ~. ~~ ~, ~-~ ~~~~~ ~5 e7s ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY ;c ~oi~nrySiiite SheaYt, Te;eoao;i, to ;.