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Home My WebLink About09-8318a 2069605 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 (USA), N.A. 600 Broadhollow Road Melville NY 11747 VS. DENNIS E HIGHLANDS 195 THOMPSON HOLLOW RD SHIPPENSBURG PA 17257-9475 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : dQ - 8318 owil-FIr" 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 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 October 21, 2009 in the amount of $4,418.65. 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 1/22/2007. 0. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,418.65 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI RG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A 1 Cumberland CAPITAL ONE BANK (USA), N.A., Plaintiff, V. DENNIS E HIGHLANDS 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 ' Complaint in Civil Action are true and Verification, and that the facts set forth in the fore7JamieVi1liams correct to th best ' /her wledge, informati lief. Dated: GOPA FREDERIC I. WEINBERG EXHIBIT "A" Cumberland CAPITAL ONE BANK (USA), N.A., Plaintf, vV. DENNIS E HIGHLANDS 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 5291071933649749 for the just and true sum of $4322.91 as of 09/06/2009, 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 Q' parties also authorizes Capital One to recover from Defendant(s) reasonable attorneys' fees and costs to the extent permitted by law. 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: S'Jam illiams 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 Jamie Williams, who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this 0) 4day of Notary Registration Number: My Commission Expires: / / 20 Gomn NMh otM Oft DMM WWI= Johnson - Nfty A*kr 00MMI MoA MD: 717M w ooft"M: GOPA FREDERIC I. WEINBERG ?J IKE JD ?•••. ?yS%p t4OTARYi••.yZZ9- Z PIC pQ • MG #7 17B059 .Z MY COMMISSION. _t C) : EXPIRES • 2 ' ?'tiM?p?7t3112012.•'??: o r ")F T1 P(I, ?N07 PY 2009 DEC -2 PM 12: 44 Ct1 1 "'uUNTY PENNS IIYANIIA 41c. S0 PA 9MY 4 .~ ~y GORDON & WEINBERG, P.C. 2069605 BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK Identification No.: 41200 1001 E. HECTOR STREET SUITE 220 CONSHOHOCKEN, PA 19428 484/351-0500 CAPITAL ONE BANK (USA), N.A. vs. DENNIS E. HIGHLANDS ~ N _ ~ '1'7 0.l ~,.i ~'. R,-~ ~ r" ~~~ .j _ ,~ ~ U ~ Tj ~~ ~ C,~? _ ~- r "~- f ~ (:-' `, .:: ~r t ~ ~-: ~ , cr. -~ COURT OF COMMON PLEAS CUMBERLAND COiJNTY DOCKET NO.: 2009-8318 STIPULATION OF SETTLEMENT It is HEREBY STIPULATED AND AGREED that the above-entitled action is settled by cgreement of the parties under the following terms and conditions: 1. Defendant and Plaintiff desire to settle the above captioned matter and stipulate that Defendant will pay to the order of Gordon and Weinberg, P.C., attorneys for the Plaintiff, at their offices at 1001 E. Hector Street, Suite 220, Conshohocken, PA 19428, for the sum of Two Thousand Six Hundred and no/100 ($2,600.00) Dollars in installments as follows: a. Five (5) equal and consecutive payments of Five Hundred Twenty and 00/100 ($520.00) Dollars to be received on or before the 25"' of each month beginning July 25, 2010. 2. Defendant appears generally herein and submits to the jurisdiction of the Court. 3. In the event of a default of any of the above listed conditions and payments, Plaintiff may, upon 10 days notice enter judgment for the relief demanded in the Complaint filed less any payments made plus judicial interest of 6% running from the date of filing. 4. Upon full and final compliance with this stipulation, this action shall be deemed fully settled, discontinued and/or satisfied and an Order to Satisfy, Discontinue, and End will be sent to the Defendant. 5. In accordance with the terms of this agreement there appears to be a related consent order for judgment held in escrow which will automatically extinguish upon compliance with the above mentioned terms. Gordon and Weinberg, P.C. Joel M. nl s uir Date: ~' ~ ' l~ Dennis E. Highlands Date: ~(~ p/p 2069605 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE - Identification No.: 41360 =? ?> JOEL M. FLINK, ESQUIRE Identification No.: 41200 i-n ?,i 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 CAPITAL ONE BANK (USA), N.A. COURT OF COMMON PLEAS ?I - CUMBERLAND COUNTY T VS. DOCKET NO. : 2009-8318 DENNIS E HIGHLANDS ORDER TO SETTLE, DISCONTINUE AND END = TO THE PROTHONOTARY: ONE= Kindly mark the above-captioned matter settled, discontinued - and ended upon payment of your costs only. GORDON & WEINBERG, P.C. BY: FREDE I. WEINBERG, ESQUIRE JOEL FLINK, ESQUIRE Attorney for Plaintiff - P003