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Home My WebLink About09-2801m s w 2056315 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: L/?EDERIC 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. JOE D SMOTHERMAN 115 N HANOVER APT 2 CARLISLE PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 04 - 0.1801 a IV i ( Ter* . 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 27, 2009 in the amount of $1,665.74. 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 4/15/2006. f WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,665.74 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI ERG, ESQUIRE JOEL M. FL SQUIRE Attorney for Plaintiff P01A CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JOE D SMOTHERMAN 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 belief. Dated: oZ d Ottis Coward GOPA Frederic I. Weinberg EXHIBIT "A" r ,.o5631s CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JOE D SMOTHERMAN 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 5291151779492758 for the just and true sum of $1603.97 as of 01/19/2009, plus interest accruing from said date at an annual percentage rate in accordance with the Customer Agreement, currently 28.10%, 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. 1 r 5. 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: 02 p? d1J , 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 this p2--lday of 20a N Public Notary Registration Number: My Commission Expires: 20 GOPA Frederic I. Weinberg Commonwealth of Virginia Jamie Williams - Notary Public Commission ID: 7231087 My Commission Expires 08/31012 ???•`';? W ILL?q •.•. e' TA.RY ••. S It. REG # 7241047 MY CG%" A1SStON 4 Q + 1 ?° 0 Fil 20B, hn, PI 3: 12 $'18.50 PO ATW OKI- "15&DS Rr* aagi,(.s Sheriff s Office of Cumberland County R Thomas Kline ~4~;,~t~ c( ~'tr~~g~,~,~~~~ Edward L Schorpp Sheriff Solicitor O Y, Ronny RAnderson - ~ Jody S Smith Chief Deputy QFF~CE ~F `~~ s"~~tiFr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/03/2009 09:40 AM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 3, 2009 at 0937 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joe D. Smotherman, by making known unto himself personally, defendant at 102 W. High Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $44.20 June 04, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF __.---- Deputy Sheriff 2009-2801 Capital One Bank v Joe D. Smotherman -~~, ~~r, ~..- -. .~.. ~~ ~ =~ ~f~ -....:-. ~ ~ ~ ~ n a ~ ~ ~ GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FUNK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2056315 CAPITAL ONE BANK (USA), N.A vs. JOE D SMOTHERMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 09-2801 PRAECIPE FOR ENTRY OF JUDGMENT 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 fo.r 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 $1,580.56 Less: Payments on Account ( $.00) Total: $1,580.56 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 last known address of defendant, JOE D SMOTHERMAN, 115 N HANOVER APT 2, CARLISLE PA 17013. 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 Ol~ 2009 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damas assessed at the sum of , $1,946.63 as per the above~ert}ficat' Prdthonotar GORDON & WEINBE P.C. BY : r'' FREDERIC I. EIN ERG, ESQUIRE JOEL M. FLI K, SQUIRE Attorney fo Plaintiff 2056315 CORDON & 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. JOE D SMOTHERMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 09-2801 NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA JOE D SMOTHERMAN 115 N HANOVER APT 2 CARLISLE PA 17013 DATE OF NOTICE/FECHA DEL AVISO: June 24, 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. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 CORDON & WEINBERG, P.C. !~ , ~~ ~ ~, BY: FREDE&IGlI: WEINBERG, ESQUIRE JOEL/~I. FLINK, ESQUIRE P10D-2 OF t'1-!c P p un ~~~, zoos ~u~ ~o P~ r: 23 CUM~~~~.... ' ~~.?Ur'V; ~' ~~~~r'~'1~~ p.~ad8ao~ I.~c4~i,~- -~c~ 2056315 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. 09-2801 JOE D SMOTHERMAN 115 N HANOVER APT 2 CARLISLE PA 17013 NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. ~L Judgment by Default $1,580.56 Money Judgment $ ~L 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 PR THONOTARY 7~~0%9 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. JOE D SMOTHERMAN and Cornerstone Federal Credit Union Garnishee k ,. . i flE:~}-ul- 2010 {SAY { 3 AM 8~ i 9 PE~#~~fS`!LV~{~tA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. G9-2801 PRAECIPE TO DISSOLVE ATTACffi~NT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with Cornerstone Federal Credit Union, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FREDERIC I. W INB G, ESQUIRE JOEL M. FLINK, QUIRE Attorney for Plaintiff PO11 ~$.~ P1~ Al7`~ c~~ {t9i49 ~~ a~ lat~o Y Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIIC/tOr ~~~~i~~, of ~~ur~b~~.{~~~4 t. ~JF .. _*Fr~ ~FkEF~ s. I i C'i ~_. t . ly `` '1~~C~FFg I_,~(t~ i ~~ '~,r '~~'~~~1~~'F t/~1 4f~,~,e'~ jl Capital One Bank (U.S.A.) N.A. vs. Joe D. Smotherman ase Number 2009-2801 SHERIFF'S RETURN OF SERVICE 04/14/2010 09:43 AM -Steve Bender, Deputy Sheriff, who being duly sworn according to law, states 2010 at 0940 hours, attached as herein commanded all goods, chattels, rights, debts, crE of the within named defendant, to wit: Joe E. Smotherman, in the hands, possession, or ~ within named garnishee, Cornerstone Federal Credit Union, 5 East Gate Drive, Carlisle, County, Pennsylvania 17015, by handing to Lindsey Miller, Financial Service Represent three copies of interrogatories together with three true and attested copies of the writ of e made the contents there of known to her. The writ of execution and notice to defendant was mailed on April 16, 2010 to Joe D. S Hanover St, Apt. 2, Carlisle, PA 17013. 11/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of ~ returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $87.05 November 02, 2010 SO ANSWERS, lr~ RON R ANDE B aron R. hat on April 14, fits, and monies ontrol of the ;umberland ive, personally cecution and ~therman, 115 N :cution is SHERIFF z ,S'd ~-~ ` ~~ 7 ~~S s o~S~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY c`,: Cpu.^.ySuitn 3her.~t(. Teic±US.^fi, InG. ~ ~` WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2801 Civil CIVIL ACTI0~1-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK (USA) NA, Plaintiff From JOE D. SMOTHERMAN, 115 N. Hanover/ Apt 2, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the pos of GARNISHEE(S) as follows: CORNERSTONE FEDERAL CREDIT UNION, 5 East Gate Drive, Carlisle, PA 1.7013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is a joined from paying any debt to or for the account of the defendant (s) and from delivering any property of he defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the po session of anyone other than a named garnishee, you are directed to notify him/her that he/she has bee added as a garnishee and is enjoined as above stated. Amount Due $1,580.56 L.L. $.50 Interest from 7/20/09 -- $62.10 Atty's Comm Atty Paid $163.70 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 04/06/10 (Seal') By: Deputy REQUESTING PARTY: Name FREDERIC E. WEINBERG, ESQUIRE Address: GORDON &WEINBERG, PC 1001 E HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360