HomeMy WebLinkAbout08-7006V
NAN18380
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.
WILLIAM E CRAMER
10 TOWN MILLS MOBILE HOME
SHIPPENSBURG PA 17257-8102
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. d ?'. `? ?Q (D G ti, I fUM
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 8, 2008 there remains a balance due
in the amount of $2,364.12.
5. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $2,364.12 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 December
10, 2007.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$2,364.12 plus applicable costs, interest and attorney's fees.
Goldman & Warshaw, P.C.
BY:
Frederic I. Weinber squire
Attorney for Plaint Off
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 or Plaintiff
EXHIBIT "A"
NAN 18380
CAPITAL ONE BANK (USA), N.A.
• WILLIAM E CRAMER
X8293
AFFIDAVIT
I, ':aoi? Ia9%?' , being duly 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. Plaintiff's files are maintained in the usual and ordinary course of business;
s
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 a?8293 in the amount of $1,977.60; 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 a information and belief.
(Name of Affiant)
Sworn to and Subscribed
before me this _ day
Q g
Notary Public
ARYONNE MABSON
NOTARY PUBLIC
O@KALS COUNTY, GEORGIA
MY COMMISSION EXPIRES OCT. 29, 2011
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-07006 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CAPITAL ONE BANK (USA) N A
VS
CRAMER WILLIAM E
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
CRAMER WILLIAM E but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
the within named DEFENDANT , CRAMER WILLIAM E
10 TOWN MILLS MOBILE HOME
NOT FOUND , as to
SHIPPENSBURG, PA 17257-8102
PER NEIGHBOR. DEFENDANT IS DECEASED.
Sheriff's Costs: So answers:
Docketing 18.00
0- 20 ??E
Service 36.00
Not Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
69.00 GOLDMAN & WARSHAW
01/05/2009
Sworn and Subscribed to before
me this day of
A. D.
CC)
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