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Home My WebLink About08-6399NAN08767 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. BY : FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 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. CHERYL DAVIS 360 PLEASANTVIEW RD NEW CUMBERLAND PA 17070-2738 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO . ~$ .. (o~jq CjV l t t et'r~ 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 and/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 as of October 7, 2008 there remains a balance due in the amount of $2,933.02. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,933.02 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 June 19, 2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,933.02 plus applicable costs, interest and attorney's fees. Goldman & Warshaw, P.C. BY: Frederic I. Weinber quire Attorney for Plaintiff 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 POlA.NAN VERIFICATION The undersigned, Frederic I. Weinberg 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: Frederic I W nberg, Esquire Attorney fo Plaintiff EXHIBIT "A" r ~ NAN08767 CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK CHERYL DAMS 6243 AFFIDAVIT .~IEtA S~>!.~I ~T~f~'i I, ,being duly served sworn according to law, depose and say .'::i 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. Plaintiff's files aze 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 nulnbera~6243 in the amount of ~2,04I.83; 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 knowledge, information and belief. e of ffian Sworn to and Subscribed before me this day JllL 0 2 200 of , 2008 Notary Public SHARON REUBENS NOTARY SEAL DEKAL9 COUNTY GEORGIA MY COMMISSION EXP. UCTC3ER 16 20~ n r; ~ s ~' s v ~, ~ y V -- ~ a ~ ~ _ _.. ~ ,„ -^G O NAN08767 Goldman & Warshaw, P.C. Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK VS. CHERYL DAVIS 360 PLEASANTVIEW RD NEW CUMBERLAND PA 17070-2738 07010 ?Qu6 ad PM a: Sl', COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 08-6399 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Plaintiffs' Complaint in Civil Action in the above-captioned matter for an additional thirty (30) days. Goldman & Warshaw, P.C. BY: Z///15; ?il BARRY A. OSEN, ESQUIRE Attorney for Plaintiff(s) 0 *10.00 PDA771 C# BC86 2? aq7i NAN08767 Goldman & Warshaw, P.C. Barry A. Rosen, Lsquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK vs. CHERYL DAVIS " L' CA) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-6399 PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. Goldman & Warshaw, P.C. BY: Barry A. vs-en, ESQUIRE Attorney Tor Plaintiff P006 CERTIFICATION OF SERVICE I, Barry A. Rosen, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Praecipe to Withdraw Complaint Pursuant to Pa.R.C.P. 1028(c:)(1), via First Class Mail, postage pre- paid, to a1.1 other parties or their counsel of record. Barry A. osen, ESQUIRE Dated: