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HomeMy WebLinkAbout09-1017n NAN18453 THIS IS AN ARBITRATION MATTER DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. BY : HEATHER N. DANESH, ESQUIRE Identification No.: 209645 PO Box 806 West Caldwell, NJ 07007 973-433-2104 ASSESSMENT OF CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 Vs. HEATHER A BENNETT 260 WHISKEY RUN RD NEWVILLE PA 17241-8612 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : D9 - 100 &", i i 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 Plaintiff's Affidavit is attached hereto as Exhibit "A". 4. All the credits to which the defendant(s)is entitled have been applied and as of January 29, 2009 there remains a balance due in the amount of $1,247.99. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $1,247.99 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 September 21, 2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,247.99 plus applicable costs, interest and attorney's fees. Goldman & Warshaw, P.C. BY: 41da-" A Heather N. Danesh, Esquire 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 PACCNAN CAPITAL ONE BANK (USA), N.A., A 1 ?,? Plaintiff, N V 0 V. HEATHER A BENNETT 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 BANK (USA), N.A., Plaintiff herein, and that he/she is duly authoriz to make this Verification, and that the facts set forth in the foregoing Complaint in?ivil Action are true and correct to the best of his/her knowledge, information and belieif Dated: /- 6- / ? J ??%??'' --- J Pamela Nelson A232 GOLDMAN & WARSHAW, P.C. EXHIBIT "A" CAPITAL ONE BANK (USA), N.A., Plaintiff, V. HEATHER A BENNETT Defendant(s). AFFIDAVIT The undersigned, being duly sworn, makes the following oath: 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. 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 4862362540688424 for the just and true sum of $1384.79 as of 11/25/2008, 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. S. 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: ,? -gal _ ?-<<ti .? } Dated: r Pamela Nelson 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 Pamela Nelson, who acknowledged before me his/her signature to the foregoing Affidavit. Q GIVEN under my hand and seal this C.C day o -'.20 ? Public SHARONNotary Public vile Notary Registration Number: Commonwealth of Vk Inio My Commission Expires: / /20 _ 71771101 My Comml=slon Expires Dec 31, 2012 ?•??" A232 0LE JO "'•? ??. ??•.......HNso GOLDMAN & WARSHAW, P.C. •' oQ:? 1 G y?? N C SHERIFF'S RETURN - REGULAR CASE NO: 2009-01017 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A - .„., VS ?d. BENNETT HEATHER A WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BENNETT HEATHER A the DEFENDANT , at 0008:30 HOURS, on the 21st day of October , 2009 at 260 WHISKEY RUN RD NEWVILLE, PA 17241-8612 HEATHER BENNETT by handing to DEFENDANT 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 Postage Sworn and Subscibed to before me this So Answers: 18.00 13.50 .00 01-07 10.00 R. Thomas Kline .42 41.92 02/23/2009 GOLDMAN & WARSHAW By: 1; zj, "e, day Deputy Sheriff of A. D.