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Home My WebLink About09-1593NAM23784 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. SUSAN E DISBROW 6 DOGWOOD DR MOUNT HOLLY SPRINGS PA 17065-1938 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : ()q- I5q3 aivirrem 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 1/27/09 there remains a balance due in the amount of $4,172.42. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $4,172.42 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 November 6, 2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,172.42 plus applicable costs, interest and attorney's fees. Goldman & Warshaw, P.C. BY: 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 t,4tA ar9q CAPITAL ONE BANK (USA), N.A., Plaintiff, V. SUSAN E DISBROW Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn 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 correct to the best of his/her knowledge, information and belief. Dated: I /q, Loa J Margaret Parton A232 GOLDMAN & WARSHAW, P.C. EXHIBIT "A" e CAPITAL ONE BANK (USA), N.A., Plaintiff, V. SUSAN E DISBROW 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 5178052560826881 for the just and true sum of $3895.00 as of 09/27/2008, plus interest accruing from said date at an annual percentage rate in accordance with the Customer Agreement, currently 29.20%, and that all just and lawful offsets, payments, and credits have been allowed. The Customer Agreement entered 1 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: / C- 0 C/ - ei o 0 8 County of Chesterfield, to wit: Commonwealth of Virginia 7)1 - /? Ct.ty Margaret Parton SUBSCRIBED-and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Margaret Parton, who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this 1/4 day of 20_6 Notary Registration Number: My Commission Expires: _ L Notary Public / / 20 BAR8A!2A S. EDWARDS Noloy Public Commonwealth Of Virginia 7178()55 MY COm17lWon Expires Mar J1. 2012 A232 ' " GOLDMAN & WARSHAW, P.C. C'1 ...t k i ? IX5 f:b!a t t {ii 93 Sheriffs Office of Cumberland County R Thomas Kline Nwr of cumber Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OMOE OF THE SwERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/17/2009 07:16 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on March 17, 2009 at 1916 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Susan E. Disbrown, by making known unto Douglas Disbrow, adult in charge, at 6 Dogwood Drvie, Mt. Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to kir npersonally the said true and correct copy of the same. SHERIFF COST: $32.50 (PAID) March 18, 2009 2009-1593 Capital One Bank VS Susan E. Disbrow SO ANSWE , ..i¦ " K?? V Mal- d4c R THOMAS KLINE, SHERIFF By C Deputy Sheriff -: T-5 y ir? C Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykoshr2dcdlaw.net Attorney for Defendant CAPITAL ONE BANK (USA), NA: IN THE COURT OF COMM014 PLEAS Successor in interest to CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 . Plaintiff V. No: 09-1593- CIVIL TERM Susan E. Disbrow . 6 Dogwood Dr. . Mount Holly Springs, PA 17065-1938 Defendant To: Capital One Bank (USA), NA c/o Heather Danesh, Esquire Goldman & Warshaw, P.C. PO Box 806 West Caldwell, NJ 07007 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment y be entered against you. c a ykosh, Esquire Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 ovkosh aAcdlaw.net Attorney for Defendant m CAPITAL ONE BANK (USA), NA: IN THE COURT OF COMMON 'PLEAS Successor in interest to CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK . 4851 Cox Road Glen Allen, VA 23060 . Plaintiff . V. No: 09-1593- CIVIL TERM Susan E. Disbrow . 6 Dogwood Dr. Mount Holly Springs, PA 17065-1938 Defendant . ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Susan E. Disbrow, by and through his attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Michael J. Pykosh, Esquire, who responds to Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted in Part. Denied in Part. It is admitted that Defendant accepted and used aforesaid credit card. The remainder of the averment as set forth in Paragraph 2 constitutes a conclusion of law to which no response is required. 3. Admitted. 4. Denied. Defendant after reasonable investigation Defendant is without knowledge as to the truth or veracity that all of the credits to which the Defendant is entitled have been applied and as of 01/22/2009, and that there remains a balance due of $4,172.42. . % 5. Denied. The averments as set forth in Paragraph 5 contain conclusions of law to which no response is required. Proof to the contrary is demanded at the time of trial. By way of further answer, Defendant disputes the amount Plaintiff claims is due. 6. Denied. The averments as set forth in Paragraph 6 contain conclusions of law to which no response is required. By way of further answer, after reasonable investigation, Defendant is without knowledge as to the truth or veracity of the facts as set forth in Paragraph 6. Proof to the contrary is demanded at that time of trial. WHEREFORE, the Defendant, Susan E. Disbrow, demands judgment in her favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just. . . DEFENDANT'S NEW MATTER 7. Defendant, Susan E. Disbrow, incorporates and makes part of this New Matter paragraphs 1 through 7 of the foregoing Answer to Plaintiffs Complaint as if fully set forth herein. 8. Plaintiff's Action may be barred by doctrine of laches. 9. Plaintiffs Action may be barred by the doctrine of res judicata. 10. Plaintiffs Action may be barred by the doctrine of estoppel. 11. Plaintiff's Action may be barred by the doctrine of waiver. 12. Plaintiffs Action may be barred by the doctrine of unclean hands. 13. Plaintiffs Action may be barred in whole or in party by the ethical statute of limitations. WHEREFORE, the Defendant, Susan E. Disbrow, demands judgment in his favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just. Respectfully Submitted Dated: 029 I By: Mi el J. Pykosh, Esquire VERIFICATION I, Susan E. Disbrow, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: Susan E. Dis ow ?; Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykoshndcdlaw.net Attorney for Defendant CAPITAL ONE BANK (USA), NA: IN THE COURT OF COMMO PLEAS Successor in interest to CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK 4851 Cox Road . Glen Allen, VA 23060 Plaintiff V. No: 09-1593- CIVIL TERM Susan E. Disbrow 6 Dogwood Dr. Mount Holly Springs, PA 17065-1938 Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ANSWER and NEW MATTER, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Capital One Bank (USA), NA c/o Heather Danesh, Esquire Goldman & Warshaw, P.C. PO Box 806 West Caldwell, NJ 07007 Respectfully Submitted, Dated:4 Ld 0 By: 6??? ichael J. Pykosh, Esquire OF THE 20B APR 24 Pil 1: 1 u ., dt I .. V . NAN23784 Goldman & Warshaw, P.C. BY: BARRY A. ROSEN, ESQUIRE Identification No.: 42951 34 Maple Ave, Ste.101, POB 106 Pine Brook, NJ 07058-0106 973/439-0077 CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. SUSAN E DISBROW DOCKET NO. : 09-1593CIVIL TERM PLAINTIFF'S REPLY TO NEW MATTER 7. This paragraph of Defendant's New Matter, incorporating prior paragraphs of Defendant's pleading, requires no response. 8 - 12. Denied. The averments of these paragraphs are conclusions of law which require no response under the applicable Rules of Civil Procedure. However, this averment is denied and strict proof thereof is demanded at the time of trial. 13. Denied. The averment of this paragraph is a conclusion of law which requires no response under the applicable Rules of Civil Procedure. By way of further answer, it is denied that plaintiff's complaint is barred in whole or part by the applicable statute of limitation. On the contrary, plaintiff's claim was brought well within the four year statute of limitations for contracts or quasi-contractual causes of action. A-. M WHEREFORE, Plaintiff demands damages against the defendant(s) as set forth in plaintiff's Complaint. Goldman & Warshaw, P.C. BY : BARRY 41 ROSEN, UIRE Attorney for P1a ntiff P014 t . VERIFICATION BARRY A. ROSEN, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action and verifies that the statements made in the foregoing pleadings are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BARRY A. RO N, ESQUIRE - .. CERTIFICATION OF SERVICE I, BARRY A. ROSEN, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Reply to New Matter, via First Class Mail, postage pre-paid, to the following parties or their counsel of record: Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 BARRY A. ROSE , ESQUIRE Dated: C^/. OF THE 1 1* tt` 18 Pry 2' ? P 2039 O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA) 20 Plaintiff NO. 09-1593 vs. sU SUSAN E. DISBROW = r ?' RULE 1312-1 Defendant ' .E. _ The Petition for Appointment of Arbitrators shall be substantially in tm Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Barry A. Rosen, Esq. , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 6,165.07 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, petition, 0.T*N a aH ao ?? a? 200 , in consideration of the foregoing Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, Kevin A. Hess, P.J. CAPITAL ONE BANK (USA), NA : Successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 Plaintiff V. Susan E. Disbrow 6 Dogwood Dr. Mount Holly Springs, PA 17065-1938 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 09-1593- CIVIL TERM Mme' -? i :-D Defendant NOTICE TO ATTEND To: Corporate Representative of Capital One Bank (USA), NA Successor in interest to Capital One Bank with the knowledge to testify to and be cross examined relative to the documents to be admitted into evidence pursuant to PA R.C.P. 1305: (1) You are directed to come to Old Cumberland County Courthouse (1 Courthouse Square), 2nd Floor Hearing Room, Carlisle, Pennsylvania, 17013, on February 17, 201 at 9:OOAM., the time and place scheduled for arbitration of the above matter to testify on behalf of Plaintiff at the request of Defendant in the above case, and to remain until excused. (2) And bring with you the following: Documents to be used as exhibits or intended to be admitted into evidence by PA R.C.P.1305 or otherwise by Plaintiff. If you fail to attend or to produce the documents or things required by this notice to attend, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. r Date: 7 ichael J. y os quire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant CAPITAL ONE BANK (USA), NA: Successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 Plaintiff V. Susan E. Disbrow 6 Dogwood Dr. Mount Holly Springs, PA 17065-1938 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 09-1593- CIVIL TERM Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice to Attend, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows as well as via facsimile to (267) 373-9781: Capital One Bank c/o Barry A. Rosen, Esquire Goldman & Warshaw, P.C. 312 W. Broad Street Quakertown, PA 18951 Date: ,2/0 Respectfully Submitted, Michael J. Pykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant CAPITAL ONE BANK (USA), NA: Successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No: 09-1593- CIVIL TERM Susan E. Disbrow Mme -e : 6 Dogwood Dr. - Mount Holly Springs, PA r 17065-1938 _ Defendant ' rt 3:2- - NOTICE TO ATTEND M" cn To: Corporate Representative of Capital One Bank (USA), NA Successor in interest to Capital One Bank with the knowledge to testify to and be cross examined relative to the documents to be admitted into evidence pursuant to PA R.C.P. 1305: (1) You are directed to come to Old Cumberland County Courthouse (1 Courthouse Square), 2nd Floor Hearing Room, Carlisle, Pennsylvania, 17013, on April 25, 2012 at I O:00AM., the time and place scheduled for arbitration of the above matter to testify on behalf of Plaintiff at the request of Defendant in the above case, and to remain until excused. (2) And bring with you the following: Documents to be used as exhibits or intended to be admitted into evidence by PA R.C.P.1305 or otherwise by Plaintiff. If you fail to attend or to produce the documents or things required by this notice to attend, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. `1-I Z Date: Mi ael J. Pykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant CAPITAL ONE BANK (USA), NA : Successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 Plaintiff V. Susan E. Disbrow 6 Dogwood Dr. Mount Holly Springs, PA 17065-1938 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 09-1593- CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice to Attend, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows as well as via facsimile to (267) 373-9781: Capital One Bank c/o Barry A. Rosen, Esquire Goldman & Warshaw, P.C. 312 W. Broad Street Quakertown, PA 18951 Date: Res ectfu 1 Submitted, Mi h e J. Pykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant eAP677f G VAle .94,A/K, 1111141? C?1?fTi L U lk M'dx (AM) A . In the Court of Common Pleas of Cumberland r Plaintiff SMSSA•AI G . NSL3R,GIrt? County, Pennsylvania No. -_ Defendant / x'93 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States the Constituti n of this C wealth and that we will discharge the duties of o is i 1' r Signature i ature i ature Nam Law Arm ?? 0-kof?--f Name 'cd-???e Law F irm ?101P w 233( &?4s?-. Address Address l r,N ?p ysba ha nA 17V y 3 City, Zip Award city," Zip We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) A r do Q o F LCl 4941AJS T ?T Date of Hearing: 1?j 6*7 0 Date of Award:-" Arbitrator, dissents. (Insert name if applicable.) I (Chairman) Notice of Entry of Award Now, the aS day of Ali '20 /D_ , at le. ` S/ , A M., the above award was entered upon the docket an notice thereof given by mail to the parties or their attorneys. be paid upon appeal: $ By: Prothonotary Deputy Name (Chairman) _ i # ?'R??TH0 FA 2012 APR 25 Ate IO- 5 I CUMBERLAND 6OUNTY PENNSYLVANIA Z-s ma-, lei` t u - Goldman & Warshaw, P.C. Barry A. Rosen, l ;quire PA Identification No: 42951 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plainti If : i NAN23784 CAPITAL ONE. BANK (USA), N.A., successor in into,=rest to CAPITAL ONE BANK vs. SUSAN E DISBROW TO THE PR0'i :` AOTARY: f I1 LERLAND GQUINT COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-1593-CV ENTRY OF APPEARANCE Kindly ,ter the appearance of the undersigned as counsel for plaintiff, C';1PITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK , wi'r: regard to the above caption ter. Attorney for Plaintiff WITHDRAWAL OF APPEARANCE TO the Pro-:. .:ut.ary: Kindly +.lithdraw my appearance as counsel for plaintiff,, _ CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK , with regard to t17,a above captioned matter. Goldman & Warshaw, P.C. , .°'-u BARRY A. R - EN, ESQUIRE