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Home My WebLink About08-70070 NAN09057 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. JENNIFER D GORMAN 176 RUSTIC DR SHIPPENSBURG PA 17257-9460 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO . : 0 ?, - 7 QO 7 C av, l `l ter' 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 $2,306.69. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,306.69 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 April 5, 2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,306.69 plus applicable costs, interest and attorney's fees. Goldman & Warshaw, P.C. BY: Frederic I. Weinberg Es ire Attorney for Plainti 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. nberg, Esquire Attorney for Plaintiff EXHIBIT "A" N AYQ 09057 CAPITAL ONE BANK (USA), N.A., Plaintiff, v. JENNIFER D GORMAN Defendant(s). AFFIDAVIT The undersigned, being duly sworn, makes the following oath: 1. I am over 18 years old and competent to make this affidavit. I am an authorized agent of Plaintiff CAPITAL ONE BANK (USA), N.A. ("Capital One") for purposes of this affidavit. I am duly authorized to make this affidavit, and because of the scope of my job responsibilities, I am familiar with the manner and method by which Capital One maintains its normal business books and records, including computer records of defaulted accounts. 2. These books and records are made in the course of regularly conducted business activity (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this affidavit are believed to be true and correct based upon my personal knowledge of the processes by which Capital One maintains its business books and records. 3. The books and records of Capital One show that Defendant(s) opened an account with Capital One for the purpose of obtaining an extension of credit and did thereafter use or authorize the use of the account for the acquisition of goods, services, or cash advances in accordance with the Customer Agreement governing use of that account. Further, Defendant(s) has/have breached the Agreement by failing to make periodic payments as required thereby. 4. The books and records of Capital One show that Defendant(s) is/are currently indebted to Capital One on account number 3691 for the just and true sum of $2201.70 as of 07/09/2008, plus interest accruing from said date at an annual percentage rate in accordance with the Customer Agreement, currently 28.10%, and that all just and lawful offsets, payments, and credits have been allowed. The Customer Agreement entered into between the parties also authorizes Capital One to recover from Defendant(s) reasonable attorneys' fees and costs to the extent permitted by law. 5. Post judgment interest will continue to accrue on Defendant's(s') indebtedness at the rate authorized by law and as set forth in the judgment order. 6. I declare under the penalty of perjury that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. Given under my hand on: Dated: thony Stith County of Chesterfield, to wit: Commonwealth of Virginia SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Anthony Stith, who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this L day of (A I 1,4A 20M Notary Public Notary Registration Number: My Commission Expires: /20 _ fory rubble weaffh of V119VAo FComminion A i. WWAKA 71780" Expires Mat 31.2012 A232 GOLDMAN & WARSHAW, P.C. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JENNIFER D GORMAN Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is an authorized agent of Capital One Services, Inc., an affiliate of and service provider to CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and corre o the best of his/her knowledge, information and belief. &"I,f Dated: 14 4 Anthony Stith A232 GOLDMAN & WARSHAW, P.C. IP 1? b v G? O r 1 r na c-_ 3 C'7 s::7 i t t W ? b \J SHERIFF'S RETURN - REGULAR CASE NO: 2008-07007 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK (USA) N A VS GORMAN JENNIFER D NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLATNT F, mnTTr1-' GORMAN JENNIFER D DEFENDANT was served upon the , at 0015:55 HOURS, on the 10th day of December , 2008 at 176 RUSTIC DR SHIPPENSBURG, PA 17257-9460 JENNIFER D GORMAN DEFENDANT 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 18.00 Service 18.00 Affidavit .00 Surcharge 10.00 Jx?12lpp 00 Sworn and Subscibed to before me this day of So Answers: R. homas Kline 12/11/2008 GOLDMAN & WARSHAW By: Deputy? Sheriff A. D. NAN09057 Goldman & Warshaw, P.C. BARRY A. ROSEN, ESQUIRE Identification No.: 42951 PO BOX 806 West Caldwell, NJ 07007 973-433-2104 CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK VS. JENNIFER D GORMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 08-7007-civil term 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 $1498.22 Interest from 11/07/2009 @ 28.1% $1087.67 Costs Total: $2,585.89 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, 4851 Cox Rd, Glen Allen, VA 23060 and that the last known address of defendant, JENNIFER D GORMAN, 176 RUSTIC DR, SHIPPENSBURG PA 17257-9460. 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 9*4 day of o1 )na , 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 $2,585.89 as per the above certification. Proth notary ?: ?k 7 Goldman & Warshaw, P.C. BY: BARRY A. ROSEN, SQUIRE Attorney for P aintiff 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. JENNIFER D GORMAN JENNIFER D GORMAN 176 RUSTIC DR SHIPPENSBURG PA 17257-9460 DOCKET NO.: 08-7007-civil term NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA: JENNIFER D GORMAN DATE OF NOTICE/FECHA DEL AVISO: February 11, 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 IMPORTANT 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 HERING A LAWYER. IF YOU CANNOT AFFORD TO HERE 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:_' HEATHER N. DANESH, ESQUIRE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WH L BE USED FOR THAT PURPOSE THIS COMMUNICATION IS FROM A DEBT COLLECTOR P I OD:NAN09057:Millie P DI- THE PRIT .0 OTARY 2009 JUN -8 PM 2: 42 P NNS'tLV N1,4. *I¢.oo Plo AITV C,-'r 597(0 eT * a-21-407 I.b4,c,e,Ma..led NAN09057 Goldman & Warshaw, P.C. BARRY A. ROSEN, ESQUIRE Identification No.: 42951 PO Box 806 West Caldwell, NJ 07007 973-433-2104 CAPITAL ONE BANK (USA), N.A., COURT OF COMMON PLEAS successor in interest to CUMBERLAND COUNTY CAPITAL ONE BANK VS. DOCKET NO.: 08-7007-civil term JENNIFER D GORMAN 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. /X/ Judgment by Default $2,585.89 [1 Money Judgment $ [1 Judgment on Award of Arbitrators$ LL Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY BARRY A. ROSEN AT THIS TELEPHONE NUMBER: 973-439-0077 P THONOTA &/810