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Home My WebLink About08-3285NAN08670 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. BY: JEFFREY M. PARRELLA, ESQUIRE Identification No.: 201946 PO Box 806 West Caldwell, NJ 07007 973-433-2153 CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen VA 23060 Vs. STEPHEN A TURBETT 1761 MAIN ST MECHANICSBURG PA 17055-5946 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. bv;c-tZk ?$ - 3x185 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 $1,320.14. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $1,320.14 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 February 8, 2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,320.14 plus applicable costs, interest and attorney's fees. Goldman & Warshaw, P.C. BY: Q/j Jeffrey M. ella, -Esquire Attorney f laintiff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THIS COMMUNICATION IS FROM A DEBT COLLECTOR P01A.NAN VERIFICATION The undersigned, Jeffrey M Parrella Esquire hereby states that he is the attorney for Plaintiff 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. Counsel has signed this verification at the request of Plaintiff as a matter of time and convenience. Plaintiff has represented to counsel that there is a debt due and owing from Defendant to Plaintiff in the amount as set forth within the foregoing pleading. Plaintiff has provided counsel with all relevant information in order to allow counsel to sign this verification. Plaintiff agrees to provide a verification signed by Plaintiff upon request by Defendant. The undersigned understands that the statements herein are made subject to the penalties of 19 Pa.C.S.A Section 4904 relating to unsworn falsification to authorities. By Jeffrey M. a ella, Esquire Att Attorney laintiff EXHIBIT "A" NAN08670 CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK STEPHEN A TURBETT 5178052500753104 AFFIDAVIT ?'OacllA utwiw being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I am familiar with the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiffs 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 5178052500753104 in the amount of $936.34; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowled e, information and belief. RR (Name of Affiant) Sworn to and SubscribcAl'r before me this _ day of - .2007 Notary "77) 3 ?. c n ? 2i7 "= s Od s? . f, , SHERIFF'S RETURN - REGULAR CASE NO: 2008-03285 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS TURBETT STEPHEN A SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TURBETT STEPHEN A the DEFENDANT , at 1127:00 HOURS, on the 31st day of May , 2008 at 1761 MAIN STREET TJ.gRTTRN MECHANICSBURG, PA 17055-5946 by handing to STPEHEN TURBETT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 15.00 .00 10.00 .00 43.00 So Answers: R. Thomas Kline 06/02/2008 GOLDMAN Sworn and Subscibed to before me this of By. day A. D. PO Box 806 ` West Caldwell, NJ 07007 973-433-2104 CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. STEPHEN A TURBETT DOCKET NO.: 08-3285 PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by agreement against the Defendant, STEPHEN A TURBETT, and yasse s the damages as per the attached agreement. HEATHER N. DANESH, ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this ,M day of , _, 2009 Judgment is entered in favor of the plaintiff(s) and against defendant, by agreement damages assessed at the sum of , $1,564.65 as per the attached agreement. thonotary NAN08670 Goldman & Warshaw, P.C. BY: HEATHER N. DANESH, ESQUIRE Identification No.: 209645 PO Box 806 West Caldwell, NJ 07007 973-433-2104 CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen VA 23060 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. STEPHEN A TURBETT 1761 MAIN ST MECHANICSBURG PA 17055-5946 DOCKET NO.: 08-3285 JUDGMENT BY AGREEMENT AND NOW, December 4, 2008 it is hereby stipulated and agreed to by and between, STEPHEN A TURBETT his/her successors and assigns and Heather N. Danesh, Esquire, counsel for CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK that the Court enter a determination in the above-captioned case as follows: 1. Judgment shall be entered in the amount of $1,564.65 in favor of CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK and against, STEPHEN A TURBETT his/her successors and assigns; 2. Defendant shall pay to the Plaintiff and Plaintiff shall accept from the Defendant the sum of $1499.49, plus 6% interest, as follows: - $100.00 per month beginning on December 29th 2008 and continuing each consecutive month on or before the 29th of each month until paid in full. 3. All checks are to be made payable and delivered to GOLDMAN & WARSHAW, P.C. at PO Box 2500 Pine Brook NJ 07058, as attorney for plaintiff, and received no later than the date indicated above, time being of the essence. All payments shall have the file number NAN08670 written upon it for identification. 4. If payment is not received by the due date set forth in paragraph 1 above or if a payment is not honored by the bank, then Defendant shall be in default. In the event of default, Plaintiff shall be entitled to enforce its judgment. Dateg f 4.,-Crillsiam . is 40M E -117E?HEN- TDefendant Date: Heather N. Danesh, Esq. BY THE COURT: J. z s_ F C 46 ?- -a :'A NAN08670 Goldman & Warshaw, P.C. HEATHER N. DANESH, ESQUIRE Identification No.: 209645 PO Box 806 West Caldwell, NJ 07007 973433-2104 CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK VS. STEPHEN A TURBETT COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-3285 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. 1XL Judgment by Agreement $1,564.65 L1 Duey Judgment $ Judgment on Award of Arbitrators$ u Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY: HEATHER N. DANESH, ESQUIRE AT THIS TELEPHONE NUMBER: 973- 439-0077. P THONOTAR Goldman & Warshaw, P.C. HEATHER N. DANESH, ESQUIRE Identification No.: 209645