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Home My WebLink About09-6673NAN24545 Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 VS. JOSEPH W LITTLE 20 N 17TH ST CAMP HILL PA 17011-3906 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : OQ - 4. 411.3 0,-wl lem 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. Plaintiff, Capital One BANK (USA), N.A., is a federally chartered bank authorized to do business in Pennsylvania with an address as stated in the caption above, and is successor in interest to Capital One Bank in accordance with a change of name and designation as federally chartered bank as authorized by the U.S. Comptroller of the Currency. 2. Defendant Joseph W. Little is an adult individual residing at the above captioned address. 3. At all times relevant hereto, the defendant was the holder of a credit card, which at the request of the defendant was issued to the defendant by the plaintiff under the terms of which the plaintiff agreed to extend to defendant the use of plaintiff's credit facilities. 4. Defendant 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. 5. The defendant received and accepted goods and merchandise 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". 6. After allowing for all offsets and credits, a balance as of September 10, 2009 remains on the subject account having account number 5178052605471495 in the amount of $932.18 plus interest accruing at the rate of 28.1% from October 7, 2008 in the amount of $572.56 for a total current amount due of $1,504.74; as of September 10, 2009 there remains a balance due in the amount of $1,504.74. 7. Plaintiff has made demand upon the defendant for payment of the balance due of $1,504.74 but the defendant has failed and refused and still refuses to pay the same or any part thereof. 8. Defendant's last payment on account was made on November 17, 2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,504.74 plus applicable costs, interest and attorney's fees. Goldman & Warshaw, P.C. BY: Barry A. Rosen,fEsquire 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 PACARD CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JOSEPH W LITTLE 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 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 nd belief. I p r Dated: b? '?.?J 4 William Moss A232 GOLDMAN & WARSHAW, P.C. EXHIBIT "A" CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JOSEPH W LITTLE 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. 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. 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 5178052605471495 for the just and true sum of $1262.18 as of 10/07/2008, 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. 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: n p Dated: ' d,, William Moss 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 William Moss, who acknowledged before me his/her signature to the foregoing Affidavit. ------- - - GIVEN under my hand and seal this -L day of , 2000 ?-Crj CCU- Notary Public Notary Registration Number: My Commission Expires: _ / 20 Commonwealth of Virginia Ar olnette Lawan Miler - Notary Public Commission No. 7205918 mi Commission Expires 041301 012 A232 GOLDMAN & WARSHAW, P.C. G RLEa-Oi- ICE OF TF?- KRQi`'ONQTARY 2009 OCT -7 PM 12: 32 CUMR::"'It-,%'4 COUNTY PENT JSYLVAI411A *78.50 Pa ATN Cir,-# 4a&7 e oZ3l rt? Sheriffs Office of Cumberland County R Thomas Kline FILE' fLE OF TNT P T ;C I)TARY Sheriff 4ttatt. Ronny R Anderson 2009 OCT 28 AM 9: 4 3 Chief Deputy Jody S Smith WIMP _ 4 i v ?1?{iY Civil Process Sergeant err '' F rl\(?j Edward L Schorpp Solicitor Capital One Bank vs Case Number . Joseph W. Little 2009-6673 SHERIFF'S RETURN OF SERVICE 10127/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Joseph W. Little, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Joseph W. Little. Per Stephanie Little current resident of 20 N. 17th Street Camp Hill, PA 17011 the defendant is residing in Newberrytown, PA. The Camp Hill Postmaster has advised the defendant's mail is delivered to address given. An exact address is not available. SHERIFF COST: $46.50 October 27, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF t NAN24545 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 VS. JOSEPH W LITTLE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-6673 PETITION TO TRANSFER CIVIL ACTION Plantiff, by and through it's counsel, Goldman & Warshaw, P.C. does hereby Petition this Honorable Court to transfer this action to York County, and in support thereof does allege the following: 1. Plaintiff instituted this litigation by filing of Complaint in Civil Action on or about October 7, 2009. 2. Service of the Complaint was made or attempted by the Sheriff of Cumberland County, who informed plaintiff that defendant now resides in York County. 3. Plaintiff has independently verified that Plaintiff resides at the above address, which is in York County, PA. A true and correct copy of Sheriff's Return of Service and Postal Service confirmation of new address are attached hereto as Exhibit "A". 4. Plaintiff and counsel in this matter are proceeding as Debt Collectors and are thus bound by the Fair Debt Collection and Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., which has been incorporated in Pennsylvania by 73 P.S. §2270.1 et seq., the Fair Credit Extension and Uniformity Act. 5. Plaintiff is required by the FDCPA to proceed with an action to collect a debt in the jurisdiction in which the debtor resides. 6. As Defendant has been shown to reside in York County, plaintiff must Petition this Honorable Court to transfer the matter to York County. WHEREFORE, Plaintiff moves this Honorable Court to enter an Order transferring the captioned matter to Cumberland County upon payment of the cost of same by Plaintiff. Goldman & Warshaw, P.C. BY: BARRY A. ROS , ESQUIRE Attorney for Plaintiff P014 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 Petition to Transfer Venue are true and correct to the best of his 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. R EN, ESQUIRE R Thomas Kline Sheriffs Office of Cumberland County sheriff ?' _ , 1?-` ?gµtiV of 4?ePtr?bee, All ! Ronny R Anderson Chief Deputy Jody S Smith xyt_• Civil Process Sergeant ?f orR: or rkl Apr-- Edward L Scliorpp Solicitor Capital One Bank vs. Joseph W. Little Case Number 20OM673 SHERIFF'S RETURN OF SERVICE 1012712009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Joseph W. Little, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Joseph W. Little. Per Stephanie Little current resident of 20 N. 17th Street Camp Hill, PA 17011 the defendant is residing in Newberrytown, PA. The Camp Hill Postmaster has advised the defendant's mail is delivered to address given. An exact address is not available. SHERIFF COST: $46.50 50 ANSWERS, October 27, 2009 R THOMAS KLINE, SHERIFF RE CE! ED 0(11T:C g Ex?;l;f ",g14 ° SLanleN" D. Goldman. F;cq.11 ° David 13. Wjrshaw, Fsq.°-' GOLDMAN & WARSHAW, Y.C. Ncw York ()free Julie R4. W. Warshaw. Lsy.°"_ ATTORNEYS AT LAW Goldman, Washaw& Parrella Jeffrey m. Parr alit, Esq. 10 Oakland Ave_ Suite 2-4 Pu Box 5v7 Gerardino DiPopolo. Esq. ° Reply to Pennsvlvania Office: o (88)417 483 Carl Zapffe, Esq. a Angela Morisco, Esq. 312 W. Broad Street 2 ( ass) 46) 541 Fax 541/ Nv ' 5 Barry A. Rosen, E.N. " Quakertown, PA 18951 0 (A ) 1 X225 cDcn tt 19?-. -- ----------------- (267) 373-9730 New JeueN rmice: licensed in MA ' licensed in N.1 V Fax: (267) 373-9781 34 Maple Ave . Stine I of !, Iios 2500 Iicen5Cd in PA licensed in NY West Caldwell. NJ 07007-989' retired November 3, 2009 (9"3) 4;9-00r Fax: 1973) 439.7204 Postmaster I I ,•( United States Post Office 1 York Haven, PA 17370-9069 Request for Change of Address or Boxholder Information Needed for Sen.-ice of Legal Process Please furnish the no- address or the name and street (if a boxholder) for the following: ****Please provide street address information*** Naime: .Joseph W. Little Address:3159 Old Trail Rd York Haven, PA 17370-9069 NOTE: The name and last known address are rcyuired for chan)te ofaddress iulormation. 'ncc name. d'known, and post of lice box address arc required for box holder intunuanon. ilte following. information is provided to uccurdance with ;9 CPR 265.6(dl(4xii). 'there 'silo fee for providing Boxholder mfonnatiun. The fee 1'nr providing change of address information is waived in sia;ordanee with 39 CFR 265.6tdX 1) and corresponding AdminisuaUve Support Manual 352.41a 1. Capacity of requester: attorflcv. 2. Statute or regulation that empowers me to serve process (not required when requester is in attoniey or a parry ac•ungm,, se - rscept a corporation actind7ro se nutst cite Statute} RO! regUlf A 3. The names of all known parties to the litigations: JOSEPH W LITTLE and CAPITAL ONE RANK (USA). N.A., successor in interest to CAPITAL ONF. BANK. 4. The court in which the case has been or will be heard: CUMBERLAND. 5. The docket or other identifying number if one has been issued: 09-6673. 6. The capacity in which this individual is to be served (e._. delcndant or w;tncssY defendant. WARNING I HE A N Y PURPOSE OP MFALSI: IER: INFORMATION F t I HER t I 1 TO OFITAIN AND LJSE CHANOR OF ADDRESS INFORh4AI ION OR BOXI IOI.DER 1NFORRI.4'I'I )1, FOR ANY l.)'fHEiCI'1IAN TI IL SERVICE OF LEGAL PRocrss IN CONNE.CI'ION W1111 ACTUAL OR PROSPECTIVE LITIGATION OR (2)'1'O A ,OIL) PAYMENT OF I'HE Ter. FOR C'I IANGE OF ADDRESS INFORh9A'[ION COULD RESULT IN CRI h1LNAL I'I:NA LTIES INCLUD1f.6 A VINO OF CI' TO 510,000 OR IMPRISONr\IEN'f Oh' NO'r !vtORE "Ii IAN 5 YEARS.OR Bom (TrrLF I8 U S.C. SEC•f1ON 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or pre 0 igation. Goldman & Warshaw, P.C. l? 312 W. Broad Street Barrv At , q. Quakertown, PA 18951 File: NAN24545 (267) 373-9730 F.nc: Bus Reply Envelope. --------------------------- FOR POST OFFICE USE ONLY ---------------__ ------------------------ (A} Mail is delivered to address given. NEW ADDRESS ( ) Not known at address given. - ---------------- t ) Moved, left no forwarding address. ---------------------------------------- No such address. Other (please specify) BOXIIOLDERS NAME AND STREET ADDRESS ---------------------------------------- ---------------------------------------- ----------- PA 13 Enc: SASE Phone: _ -- -- i I 43 BLED--0°„ OP Tp? 2009 NOV 16 Pi 1 c« S :3