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Home My WebLink About10-46112081517 ? 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 (USA), N.A. 4851 Cox Road Glen Allen, VA 23059 Vs. TIMOTHY J PEIRCE 11 W MAIN ST NEW KINGSTOWN PA 17072-0000 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : /Q - V6 / l NOTICE n rv o 'r7 -- c: f - • 1..77 w -,?, "7^1 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. I17 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 4-91-66 P'- &I r ' 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 merchandise 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 or Affidavit 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 April 7, 2010 in the amount of $5,343.25. 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 1/8/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $5,343.25 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EI BERG, ESQUIRE JOEL M. FLI SQUIRE Attorney for Plaintiff Cumberland CAPITAL ONE BANK (USA), N.A., Plaintiff, V. TIMOTHY J PEIRCE Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn 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 est of his/her knowledge, information and Dated: rf'c 3 Antoi et e Miller GOPA FREDERIC I. WEINBERG, ESQUIRE EXHIBIT "A" Cumberland CAPITAL ONE BANK (USA), N.A., Plaintiff, V. TIMOTHY J PEIRCE Defendant(s). AFFIDAVIT The undersigned, being duly sworn, makes the following oath: 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. 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 5291492411770585 for the just and true sum of $5294.44 as of 02/16/2010, plus interest accruing from said date at an annual percentage rate in accordance with the Customer Agreement, currently 8.10%, 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. 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: a County of Chesterfield, to wit: Commonwealth of Virginia rr f c 1, Antoin a Miller SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Antoinette Miller, who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this day of 2VO ft)d N*- ruime ? , Notary Public 100121013 Notary Registration Number: My Commission Expires: /20 ?v 0.0 Ar0•' NOTARY•°•* '(1, S ?? PUBLIC :O ?= REG # 7264146 ; p ?n go my COMMISSION: Z o EXPIRES 00 .• 01/31113 .°'?,o4t' GOPA FREDERIC I. WEINBERG, ESQUIRE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOS/CItOf Capital One Bank (U.S.A.) N.A. vs. Timothy J. Peirce ~~~at~ at ~ N~mbP~,~~~ ~;);~.~~ ,~,.~ t)F~iGE ~" F rwE gr.ERtFa ~~r . •- , r ,i:: ~ Case Number 2010-4611 SHERIFF'S RETURN OF SERVICE 07/19/2010 09:28 AM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 19, 2010 at 0928 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Timothy J. Peirce, by making known unto Tracy Peirce, Wife of defendant at 11 W. Main Street, New Kingston, Cumberland County, Pennsylvania 17072 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $34.30 July 20, 2010 RONALD HOOVER, EPUTY SO ANSWERS, ~~~~ RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, TeleosoR. Inc. 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. VS. TIMOTHY J PEIRCE 208,t#3M-CFF1C£ OF i ' PJ,J T 140140TARY c 1? P 20 P", 3:3v E RLA, i''D COUNTY 1") IS Y L 'A N! A COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-4611 CIVIL PRAECIPE FOR ENTRY OF JUDG =T FOR PANT OF AN ANSIM, 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 $5,343.25 Less: Payments on Account ( $.00) Total: $5,343.25 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. 54904, 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, TIMOTHY J PEIRCE, 11 W MAIN ST, NEW KINGSTOWN PA 17072-0000. 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. 414,00 Pb Am/ 3. The said defendant(s) is (are) not in the militar C &afa service of the United States or otherwise within the coverage ofa?8 the Soldiers and Sailors Civil Relief Act and is (are) over 18 ??, years of age. Ild hu AND NOW, this ?M44_ day of '4' 2010 Judgment 41 is entered in favor of the plaintiff (s) an against defendant(s) by default for want of an answer and damages assessed at the sum of , $5,343.25 as per the above ce 'fication. Prot y GORDON & WEINBER P.C. BY: FREDERI I. W INBERG, ESQUIRE JOEL MA F , ESQUIRE Attorney for Plaintiff 4 2081517 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. : 10-4611 CIVIL TIMOTHY J PEIRCE 11 W MAIN ST NEW KINGSTOWN PA 17072-0000 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. /X[ Judgment by Default $5,343.25 " Money Judgment $ L_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 PROTH ARY 9lao?io 2081517 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. : 10-4611 CIVIL TIMOTHY J PEIRCE TO/PARA NOTICE OF INTENTION TO TAKE DEFAULT TIMOTHY I PEIRCE 11 W MAIN ST NEW KINGSTOWN PA 17072-0000 DATE OF NOTICE/FECHA DEL AVISO: August 17, 2010 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,,CLAI-MS..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 GORDON & WEINBERG, P.C. BY: FREDERI I'. EINBERG, ESQUIRE JOEL M LINK, ESQUIRE PLOD-2