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Home My WebLink About08-6401NAN14787 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. ROSALIE A PRICE 5252 DEER FIELD AVE MECHANICSBURGH PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 6$ - (0401 0,jj i (-Ter X4 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 $17,337.64. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $17,337.64 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 August 14, 2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $17,337.64 plus applicable costs, interest and attorney's fees. Goldman & Warshaw, P.C. BY: Frederic I. Weinberg squire 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 P01A.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 inberg, Esquire Attorney for Plaintiff EXHIBIT "A" NAN14787 CAPITAL ONE BANK (USA), N.A. ROSALIE A PRICE 20 . AFFIDAVIT I, N.'alm uavis . being duly served swom 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; ion 2. I have personal knowledge of the facts and circumstances in connection with this case; M 3. Plaintiffs files are maintained in the usual and ordinary course of business; M M 4. This action is based on a claim for breach of contract and that damages are sought as a direct ?e result of said breach; S. After allowing for all offsets and credits, a balance remains on the subject account having account number 920 in the amount of $12,338.45; 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. (Name of Affiant) Sworn to and Subscribed before me this _ day JUN 16 20no ,2008 I Uvonda S. Brooks Notary Public Notary Public Douglas County, Georgia My COmmissiun Expires February 29, 2012 L a 00 V'1 C7 +v N _9? 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06401 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS PRICE ROSALIE A NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PRICE ROSALIE A the DEFENDANT , at 1020:00 HOURS, on the 31st day of October 2008 at 5252 DEER FIELD AVE MECHANICSBURG, PA 17050 ROSALIE A PRICE by handing to 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: Docketing Service Affidavit Surcharge I 1l1??68 ?... 18.00 11.00 .00 10.00 .00 39.00 Sworn and Subscibed to before me this day So Answers: ^ i R. Thomas Kline 11/03/2008 GOLDMAN & WARSHAW By: Deputy Sheriff of A. D. Goldman & Warshaw, P.C. Barry A. Rosen, Esquire PA Identification No: GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff 42951 NAN14787 CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK VS. ROSALIE A PRICE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-6401 PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, 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 $12,338.45 Interest from @ 25.90 $7,879.66 Costs (Complaint & Service) $131.50 Total: $20,349.61 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: CAPITAL ONE BANK (USA), N.A.,successor in interest to CAPITAL ONE BANK and that the last known address of defendant, ROSALIE A PRICE, 5252 DEER FIELD AVE, MECHANICSBURGH PA 17050. 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. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. AND NOW, this 3rd day of f. 2009 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $20,349.61 as per the above certification. Prothonotary Goldman & Warshaw, P.C. BY: BARRY A. ROSEI/, ESQUIRE Attorney for Eriaintiff $ . BY:HEATHER N. DANESH, ESQUIRE, Identification No.:209645 PO Box 806 West Caldwell, NJ 07007 973-433-2104 COURT OF COMMON PLEAS CAPITAL ONE BANK (USA), N.A., successor in CUMBERLAND COUNTY interest to CAPITAL ONE BANK vs. DOCKET NO.: 08-6401 ROSALIE A PRICE ROSALIE A PRICE 5252 DEER FIELD AVE MECHANICSBURGH PA 17050 NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA: ROSALIE A PRICE DATE OF NOTICE/FECHA DEL AVISO: January 14, 2009 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 CLAIMS 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 DVWORTANT 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 BY: THERN. DANESH, ESQUIRE 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 P I OD:NAN 14787:mary TLFl L,a 1 }? 2v"9 S7P --3 hi 1: 0 Cy-If (038`1 (?T* 95o 1'7 5 M[.t Cl NAN14787 Goldman & Warshaw, P.C. Barry A. Rosen, Esquire PA Identification No: GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff 42951 CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK VS. ROSALIE A PRICE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-6401 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. L2?L Judgment by Default $20,349.61 Money Judgment $ Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY BARRY A. ROSEN AT THIS TELEPHONE UMBER: 973-4 -0077 PR HONOTARY 9I3I b9