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Home My WebLink About12-59432139675 THIS IS AN ARBITRATION MATTER HEARING REQUIRED. GORDCN & 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 DAMAGES CAPITAL ONE BANK (USA), N.A. 4851 Cox Road Glen Allen, VA 23060 vs. SEAN MORGAN 116 N EAST ST CARLISLE PA 17013-2510 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO . /2 ~ f!` j v` `~~ C ~7 t°l~ NOTICE SOU NAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE, CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN 'CWENTY (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 OF: FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. `_'OU 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 CFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION ~•~ 32 S . BEDFORD STREET _.~,~; ,.;, ~- CARLISLE, PA 17013 ~i ~;~`.' (717) 249-3166 -~'~'~' cn~ ~ ~'~;- ~ ..~ i^~M~ ` tV r+. •F +~;.~.: ~ '/ i ~~ ~_ .e."~ ~_.. ~" ~ ""~"'" ....f.. r., ti , t.+J _~ ~-c... .~ /03.75 nd C# /76~2~ COMPLAINT IN CIVIL-ACTION ]_. At al]_ 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 ~~redit 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 advanc;es through the use of the credit card issued by the Plaintiff. A true and correct copy of the affidavit of account is attached hereto as Exhibit '~A" and incorporated herein by reference. 4. All the credits to which the defendant(s)is enti.t]_ed have been applied and there remains a balance due as of September 19, 2012 in the amount of $15,448.16. 5. Plaint=iff has made demand upon the de:Eendant(s)for payment of the balance due but the defendant(s)has failed and refused and still refuses to pay 1.he same or any part thereof. 6. Defendant's last payment on account was made on 6/10/2011. WHEREFORE, plaintiff claims of the defendant(s) t:he sum of $15,448.16 plus applicable costs, interest and attorney's fees. CORDON & WEINBERG, P.C., BY: FREDERIC I. JOEL M. E'LII~ Attorney for INB RG, ESQUIRE SQUIRE lairltiff POlA.1 EXHIBIT "A" ~~ ~~~~~ CAPITAL ONE BANK (USA), N.A., Plaintiff, v. SEAN MORGAN 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 I am an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, that I am duly authorized to make this Verification, and that the facts set forth in the attached Affidavit are true and correct to the best of my knowledge, information and belief and is based upon information which Plaintiff has furnished to counsel. I understand the attached Affidavit will be incorporated by reference into the Complaint in Civil Action filed in this matter. The language in the Complaint is that of counsel a.nd not of Plaintiff. To the extent that the contents of the Complaint are that of counsel and are relevant to this Verification, Plaintiff has relied upon counsel in making this Verification. fix" .__ ) _ Dated: t'~ ^J I ~- / C'1= ~ ~-ti's Serina Jordan N00000040725402 042372326 A374 GORDON & WEINBERG, P.C. EXHIBIT "A" CAPITAL ONE BANK (USA), N.A., Plaintiff. v SEAN MORGAN Defendant(s). AFFIDAVIT PERSONALLY APPEARED before the undersigned officer, duly authorized to administer oaths, Serina Jordan, who states under oath as follows: I am over 18 years old and competent to testify to the matters set forth herein. I am an authorized agent of Plaintiff CAPITAL ONE BANK (USA), N.A. ("Capital One") for purposes of this affidavit. I am authorized by Capital One to testify to the matters set forth herein. As a result of the scope of my job responsibilities, Ihave personal knowledge of the manner and method by which Capital One creates and maintains certain business books and records, including computer records of defaulted accounts. 2. The Capital One books and records are made in the course of Capital One's regularly conducted business activity and it is a regular practice of Capital One to make these books and records. Each of the Capital One books and records reviewed are made: (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. According to the books and records of Capital One, a Capital One account was opened in Defendant's(s')nsme for the purpose of obtaining an extension of credit. Subsequently, this account was used to acquire goods, services or cash advances in accordance with the Customer Agreement governing use of that account. Defendant(s) have failed to make the required periodic payments on the account. The books and records of Capital One show that Defendant(s) is/are currently indebted to Capital One on account number 4147098533040119 for the just and true sum of $15448.16 as of 08/06/2012, and that all offsets, payments, and credits have been allowed. This balance is comprised of Defendant's(s') outstanding debt on the date the account charged off (including any pre-charge-off transactions, interest, and/or fees) less any offsets, payments, or credits applied to the account after the charge-off date. 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';i indebtedness at the rate authorized by law and as set forth in the judgment order. 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: 4~ ~ ~~ _ I Dated: County of Chesterfield, to wit: Commonwealth of Virginia ~, Serina Jordan SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Serina Jordan, who is personally known to me and who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this ~ day of , 2.OL~-' Notary Registration Number: My Commission Expires: _ / 20__ N00000040725402 042372326 A374 GORDON & WEINBERG, P.C. ~~ ~ t N ary Public ,~`~rr~c~u~s®~,• ~~~_A~~i W I~'~~ ~~~oi PUBLIC '; REG # 7231087: ` MY COMMISSION c a n ~~ p(PIRES ~ ~ . . 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O SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson T~~ ' ~ 1.t ~-rD`~lt' Sheriff ~~' d ~~' ~*~~~ T ~ Ff ~~ Jody S Smith ~- ~ ~~ '~'~~ ~~j2 ~~~~~'.~P?~j' Chief Deputy ~r 23 p~ ~• Richard W Stewart ~UM~E ~'~ solicitor PFNNS ~~ ~~ UNrY fA Capital One Bank (USA) vs. Case Number Sean O. Morgan 2012-5943 SHERIFF'S RETURN OF SERVICE 10/12/2012 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Sean O. Morgan, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Sean O. Morgan. Request for service at 116 N. East Street, Carlisle, Pennsylvania 17013 the Defendant was not found. Deputies were advised, Sear, O. Morgan no longer resides at this address and it is used as a rental property. The Carlisle Postmaster has confirmed, Sean O. Morgan is not known at this address. SHERIFF COST: $39.00 SO ANSWERS, ~'`~- October 12, 2012 RONNY R ANDERSON, SHERIFF 111111 2139675 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. SEAN MORGAN COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 12-5943 CIVIL PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: '• -:Kindly withdraw the above -captioned action, without prejudice..' P006 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Withdraw Complaint. to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre -paid, to all other parties or their counsel of record. Dated t FREDERI WEINBERG, ESQUIRE