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Home My WebLink About09-6684o/ NAN23479 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. 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 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. : Cq - tp(p$q alvit (arm 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 SUSAN E DISBROW 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 23, 2009 remains on the subject account having account ?' ?k N' 'J ? ? / ( 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 hi /her knowledge, information and belief. n Dated: /C " , - Sharonda Johnson (? I A232 GOLDMAN & WARSHAW, P.C. ^.umber_ 4 862362334284414 in the amount of $919.21 plus interest accruing at the rate of 28.1% from August 21, 2008 in the amount of $585.12 for a total current amount due of $1,504.33; as of September 23, 2009 there remains a balance due in the amount of $1,504.33. 7. Plaintiff has made demand upon the defendant for payment of the balance due of $1,504.33 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 6, 2006. WHEREFORE, plaintiff claims of the defendant the sum of $1,504.33 plus applicable court costs and interest. Goldman & Warshaw, P.C. BY: Barry A. Rose Esquire Attorney for laintiff 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 EXHIBIT "A" 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 4862362334284414 for the just and true sum of $1244.61 as of 09/21/2008, 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: Dated: - , - D0 1 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 Sharonda Johnson, who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this day of Off- 2C0 ADRIAN ;;RSON Notary PuDHc COWWWOailh Of VIrgift [MY 7162431 CMIRkilan EXPIM Jan 31, 2012 Notary Registration Number: My Commission Expires: / / 20 A232 GOLDMAN & WARSHAW, P.C. 0 'ILK:-4D,,; i OF T--- F;-'2TP0N!,0TAF(Y 2009 OCT -7 P14 2: 07 CUM -?j Niy K p ,,Z:;, t .i. , SI V. rl?, ,!"`t 7g .50 PO AT" ?r asIs?a Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ??uncr of ?+unbrrl???? OF- CE ;F ?hE `.`ERIFF '10TA-gy 2009 CPT 15 [1! ? 9. 11 d Edward L Schorpp Solicitor Capital One Bank VS. Case Number . Susan E. Disbrow 2009-6684 SHERIFF'S RETURN OF SERVICE 10/13/2009 03:00 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2009 at 1500 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Susan E. Disbrow, by making known unto Doug Disbrow, adult in charge at 6 Dogwood Drive Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWERS, -?O` --- 0 foooeA4? October 14, 2009 R THOMAS KLINE, SHERIFF BY J Deputy Sheriff David D. (Buell prothonotary xirkS. Sohonage, ESQ solicitor ?§nee X Simpson 1St cDeputy prothonotary Irene E. 9gorr0w 2nd Deputy (prothonotary Office of the (Prothonotary Cumberland County, Tennsy(vania 0_n_y CIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 36TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P. 230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY (717) 240-6195 • (Fax (717) 240-6573