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HomeMy WebLinkAbout06-54986 2030032 THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 ASSESSMENT OF Capital One Bank P.O. Box 85147 Richmond, VA 85147 VS. DEBORAH A JONES 1613 ELM ST NEW CUMBERLAND PA 17070 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : OL - -SNQO 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 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 in the amount of $6,707.18. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $6,707.18 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 4/19/03. WHEREFORE, plaintiff claims of the defendant(s) the sum of $6,707.18 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE PAUL M. SCHOF Attorney for !,ESQUIRE J ., ESQUIRE iff P01A VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff (s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. WEIN RG, SQUIRE EXHIBIT "A" Capital One Bank DEBORAH A JONES 4862362196272705 AFFIDAVIT 2030032 I, SARA RUBIN, being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. After allowing for all offsets and credits, a balance remains on the subject account having account number 4862362196272705in the amount of $3,876.61; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. i The above facts are true and corr t to the best of my knowledge, information and belief. SAR!k RUBIN Sworn to and S cribed bef is ay of or me ? ' 006 Publ KARLHER'sl ANDEZ Notary Public, State of flaw York No. &ES095733 Qualified in Suffolk County Commission ExciresJuly 21, 2007 r ? ?J ?? • V v J fN ? C 1 22 tS i .j V03 Deborah A. Jones 1940 Market Street Apartment F Camp Hill, Pennsylvania 17011 October 20, 2006 FREDERIC 1. WEINBERG 21 SOUTH 21 ST STREET P.O. BOX 27288 PHILADELPHIA, PA. 19103 Re: CAPITAL ONE BANK P.O. BOX 85147 RICHMOND, VA 85147 VS Deborah A. Jones 1613 Elm Street New Cumberland, Pa. 17070 RESPONSE TO COMPLAINT IN CIVIL ACTION. DOCKET NO. 06-5498 I do not accept any of the complaint 1 thur 6. I reject each and every allegations of the complaint 1 thur 6. I object to arbitration of this claim I do not accept SARA RUBIN as the "Competent Fact Witness" and require proof that she was present at the signing of a contract by both of the stated parties. I do not accept FREDERIC I. WEINBERG, ESQUIRE as the "Competent Fact Witness" ZkO4 AJSW Deborah A. Jones Deborah A. Jones 1940 Market Street ' Apartment F Camp Hill, Pennsylvania. 17011 October 20, 2006 FREDERIC I. WEINBERG RESPONSE TO COMPLAINT IN 21 SOUTH 21ST STREET CIVIL ACTION. P.O. BOX 27288 PHILADELPHIA, PA. 19103 Re: CAPITAL ONE BANK P.O. BOX 85147 RICHMOND, VA 85147 VS DOCKET NO. 06-5498 Deborah A. Jones 1613 Elm Street New Cumberland, Pa. 17070 STATEMENT OF RESPONSE TO VALIDATE DEBT Dear MR. WEINBERG, I would like to resolve at the earliest possible time this issue, however due to the possibility of error or fraud in this matter, I must insist that you prove that I owe you this debt. In order to prove the debt, I must have a signed and sworn before notary public under penalty of perjury statement by a person having first hand knowledge of this debt and furthermore swearing that this purported debt is not nor ever has been part of any tax write off scheme nor insurance claim. I Please be advised that under the Fair Debt Collection Practices Act, I am authorized to demand that absent such proof as I lawfully ask for, you may not contact me under 1 any conditions or for any reason. Please be further advised that you have 30 days from the provable receipt of this letter to L comply with my reasonable demand for information. Your failure to provide such information as I requested in a timely manner may constitute prima facie evidence of intent to defraud, intimidate or coerce me and to deprive me of my civil rights. I would like verification of the alleged debt. at?d de+-n l IP d proof-0,C Am oud: Your, failure to provide such information as requested in a timely manner may constitute 1 ' violation of the FDCPA and the FCRA and may constitute grounds for further civil or criminal action or complaint being filed against you. ' I hope that you can understand and that we can settle this matter at the earliest possible moment. Sincerely, n ,n'!/ v r Deborah A. Jones AFFIANT'S VERTIFICATION STATE OF PENNSYLVANIA } J SS: COUNTY OF CUMBERLAND) DEBORAH A. JONES, being first duly sworn, deposes and says: 1. That she is the DEFENDANT in the within action. 2. That she has read the foregoing RESPONSE TO COMPLAINT IN CIVIL ACTION and knows the content there of. 3. That the same is true of the defendant's own knowledge, except as to the matters that are therein to be alleged on information and belief, and as - to those matters deponent believes to be true. Deborah A. JonesllbrLd'fendanr 5worn to and subscribed to before me this - ??- day of October 2006 Notary Pub 1 i c SEAL EM, ER NOTARY PUBL.(C: berland County ires April 4.2009 t ' FREDERIC I. WEINBERG RESPONSE TO COMPLAINT IN 21 SOUTH 21 ST STREET CIVIL ACTION. P.O. BOX 27288 PHILADELPHIA, PA. 19103 Re: CAPITAL ONE BANK P.O. BOX 85147 RICHMOND, VA 85147 i VS DOCKET NO. 06-5498 ' Deborah A. Jones D/O/F 1613 Elm Street New Cumberland, Pa. 17070 Defendant AFFIDAVIT OF SERVICE certify that I hand delivered the RESPONSE t TO COMPLAINT IN CIVIL ACTION, TO COURT HOUSE OF COMMOM PLEAS CUMBERLAND COUNTYand mailed a certified copy to FREDERIC 1. WEINBERG. To: COURT OF COMMON PLEAS Hand Delivered CUMBERLAND COUNTY GORDON & WEINBERG, P.C. CertiAed Mail FREDERIC L WEINBERG 21 SOUTH 21ST STREET PHILADEPHIA, PA 19103 I declare under penalty and perjury that the above is true and correct. Dated: OCTOBER o , 2006 for Deborah A. Jones 1940 Market Street Apartment F Camp Hill, Pennsylvania 17011 2030032 THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. ASSESSMENT OF GORDON & WEINBERG, P.C. BY; FREDERIC I. WEINBERG, ESQUIRE Identif cation No.: 41360 PA:JL M. SCHOFIELD, :R., ESQUIRE Idtntificatian ISO.: 81894 21 SOUTH 21ST STREST PHILADELPHIA, FA 19'-C3 2151988•-9600 1 t Capital One Bank r.0. Box 85147 Richmond, VA 85147 7s. DEBORAN A JONES 1613 ELM ST NEW CUMBERLAND AA 11070 COURT OF COMMON Pr EB.E CUMBERLAND COUNTY `7 DOCKET NO. : OL - -sYVP Ou LL "- * YOJ HAVE BEEN SUED IN COURT. IF YOC: WISH TO DEP'ENG AGAINST THE CLAIMS SET FORTH :N THE FOLLOWING PAGES, YOU ML75T TAKE ACTION WITHIN TWENTY =) DAYS AFTER THIS COMMPLAINT AND NOTICE ARE SERVED, SY ENTERING A WRI:TLN APPZAPJWCZ PERSONALLY OR BY ATTORNEY AND FILING IN KRIT_NG WLTH THE COURT YOUR DE$ENSES OR OBJECTIONS TO THE C"LA.MS SET FORTH AGAINST YOU. YOU ARE WAR.= THAT IF YOU rAIL TO DO 90 THE C48E MAY PROCEED WITHOUT YOU ANC A JUDGEMENT MAY BE ENTERED AGA'NST YOU BY THE COURT WITHOUT TURTHER NOTICE FOR ANY MONEY CLAIMED IN HE COMPLAINT OR FOR ANY OTHER CLAIM CR RELIEF REQUESTED BY TAE PLAINTIFF, YOU MAY LOSE MONEY OR PROPERTY CR CTRER RIGHTS yMPORTANT TO YOU. YCU SHOULD TALE T-418 PAPER TO YOUR LAWYER AT ONCE. IF YOU CO NOT WIE A LAWYER OR CANNOT AFFORD ONF, GO TO OR T&LEPE -NE THE OFFICE SET FORTH BELOW TO FIND CUT WH$RE YOU ChK GET LE3AL HELP. CUMBERLAND COUNTY BAR. ASSOCIaTICN 32 S. BEDFORD STREET CARL I S T.,L' r PA 17 013 (7171) 245-3165 TAT COPY FROM RECORD n TeMMno?l• ? ?1A? ua?o Mt ? nd ilrllll Sall '2 Cw Caapi t&l One Bank DESORAR A JONES 4862362196272705 2030032 1?iffFInA'iTZT I, 9APA RUBIN, being duly served sworn according to law, depose and say that: 1. 1 am the agent for the Plaintiff herein and I have Custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on, a c:aim for breach of contract and that damages are sought as a direct result of said brsachy 5. After allowing for all offsets and credits, a balance remains on the subject account having as .count number 4862362196212705in the amount cf $3,876.61; and 6. Xf called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and corr t to the beet of my know:edge, information and belief. RUS IN Sworn to and a ribed be f or Nma tb.i s Af of J"r t A/ ! / nos Putt 1 KAgLK9W- NaWy ubilC to 1*WYOrk Nlo.0148mgm fl AFad 9n8u1dkC,e t C)ancr fw1onMYP1mJu1V21,ZW COMPLAINT !N CIVIL-ACTION 1. At all times relevant hereto, the defendant (a) was the Cl t i holder of a credit card, which at the request of the defendant(s) was issued _o 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 5.iaed the aforesaid credit card 90 issued &td by so doing agreed to perform the terms and conditions prescribed by the plaintiff for tha use of said credit card. 3. The doferdanc (s) received and accented goods and merchard- ise and/or accepted services or cash advances through the usa of the credit card +seaed by the Plaintiff. A true and correct copy of the Statement of Account is attached here•tc as Exhibit "A". 4. All the credits to which the defendant (s) is entitled have been applied and .:)ere remains a balance due in the amount of 5. Plaintiff has trade demand upon the ciefendan w (s) for u 11 11 11 payment of the balance duo- of $6,707.18 but the {defendant (s; has failed and refusea and, still refuses to pay the same or any parr thereof . 6. Defendant's last paynent on account was made on 2/19,103. WBERiTORE, plaintiff claims of the alefendant Est th6 sum of ' ^ i M5,7C1.13 plus applicable coats, inte_es? and attorney s fees. GORDON & WE INBERG, P.C. BY. FREDERIG I. WE ERG, ESQUIRE PAUL M. SCHOF ELD, J ., ESQUIRE Attorney for _ i.ff poilk 1 1 1 i 1 1 1 1 1 jJ'z2xVIMI9H FPEEERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff (s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersicned understands that the statements herein are made sulaject to the penalties of .8 Ps.C.S.A. Sect.-Lon 4904 relating :.o unsw,Drn falsification to authorities, 1-0'? 7REDERIC I. 94EIN Ru, QUIRE I N SHERIFF'S RETURN - REGULAR CASE NO: 2006-05498 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS JONES DEBORAH A VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JONES DEBORAH A the DEFENDANT , at 2036:00 HOURS, on the 12th day of October 2006 at 1940 MARKET STREET APT 2F CAMP HILL, PA 17011 by handing to DEBORAH JONES a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 29.04 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 57.04\/ 10/13/2006 GORDON & WEINBERG 4 ll/bL/0(. Sworn and Subscibed to By: before me this day Deputy Sh riff of A.D. Curtis R. Long Prothonotary Office of the Protbonotarp Cumbertanb C ountp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 0j - S14Q6 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573