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Home My WebLink About10-0492NAN27888 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire n PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street N '. Quakertown, PA 18951 --267-373-9730 71 ei- Counsel for Plaintiff co < CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. NICHOLAS E WEBB 33 SAINT JOHNS RD CAMP HILL PA 17011-6940 DOCKET NO NOTICE Io - 49A 0,1,;i Ier* YOU HAVE BEEN SUEZ) 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 4aa.oo Pp ? 00 Coq 57 I 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 NICHOLAS E WEBB 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 January 6, 2010 remains on the subject account having account 4:862362633282002 in the amount of $1,104.60 plus interest accruing at the rate of 28.1% from October 9, 2008 in the amount of $750.87 for a total current amount due of $1,855.47; as of January 6, 2010 there remains a balance due in the amount of $1,855.47. 7. Plaintiff has made demand upon the defendant for payment of the balance due of $1,855.47 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 December 29, 2006. WHEREFORE, plaintiff claims of the defendant the sum of $1,855.47 plus applicable court costs and interest. Goldman & Warshaw, P.C. BY Barry A. Ro n, 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 PACARD NAN off? BY CAPITAL ONE BANK (USA), N.A., Plaintiff, V. NICHOLAS E WEBB 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 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. 1 Dated: ?- Demetriss Harrison A232 GOLDMAN & WARSHAW, P.C. EXHIBIT "A" CAPITAL ONE BANK (USA), N.A., Plaintiff, V. NICHOLAS E WEBB Defendant(s). AFFIDAVIT The undersigned, being duly sworn, makes the following oath: I. 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 4862362633282002 for the just and true sum of $1495.75 as of 11/09/2008, 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. 1 5• Post judgment interest will continue to accrue o n f , the rate authorized by law and as set forth in the J'ud n e endant s(s) indebtedness at gment 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: !%- Demetriss Harrison County of Chesterfield, to wit: Commonwealth of Virginia SUBSCRIBED and sworn to before me, the undersigned jurisdiction aforesaid, by Demetriss Harriso the foregoing Affidavit. n, who acknowledged before melhis/her sgnature to GIVEN under my hand and seal thia? day of Jay-- Public Notary Registration Number: MY Commission Expires: / / 20 .•?? ?IRICF ?O ??'•, ?%* #.•'•NOTARY.'•yP PUBLIC "?•+.-:.? O : REG #U 7178059 DAVINA L,-.tl'iCE JOHNSON My COMMISSION: Notaiy Public a C) EXPIRES ommonw^uilh of Virc-!n!c 1, 07/31/2012 C ••. .' ? ornmissl? ? -!s Jul 31, 20;,_ A232 GOLDMAN & WARSHAW, P.C. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F'~El~~~r~~` Sheriff ~~,~~tit+' u~ '~'surtbrr%rt~ Jody S Smith Zd~Q F~B _~ A~ ~ (~ ~~- Chief Deputy ~' ,n p i P €! Edward L Schorpp ~- SO11CltOr OFF t r ' . 'r-~ ~~-ERtFF ll~l~'! ~ :: `,: .t.. ' ~.1t,.ti~~ t ki'.!~SYLi~~`-~fid!t~ Capital One Bank (USA) vs. Nicholas E. Webb Case Number 2010-492 SHERIFF'S RETURN OF SERVICE 01/28/2010 08:45 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 28, 2010 at 2045 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Nicholas E. Webb, by making known unto Linda Devor, Mother of defendant at 33 Saint Johns Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 February 03, 2010 SO AN RS, ~~ O Y FjANDE ~' SHERIFF %ci Coun`, Suite Sherif. Tel~osoft. 6':,^,. i Goldman & Warshaw, P.C. 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 vs. NICHOLAS E WEBB L~~?~ .2'~$8~.1 ~' i, ~.i COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-492 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 Interest from @ 28.10 Costs (Complaint $1,855.47 10/9/2008 $815.50 & Service) $ Total: $2,670.97 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. X4904, 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 and that the last known address of defendant, NICHOLAS E WEBB, 33 SAINT ~ I ~. oo P A 14'T7 j/ c~.fi ~ai7 ~-~ as98~7 IJ~cce, ~a~l~P JOHNS RD, CAMP HILL PA 17011-6940. 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, thisrJ~' is entered in favor of the default for want of an ans $2,670.97 as per the above Prot _ day of ~~~ 2010 Judgment plaintiff(s) nd against defendant(s) by Baer and damages assessed at the sum of , certification. I otary Goldman & Warshaw, P.C. `~ ~ ~ BY: G" , BARRY RO , ESQUIRE Attorney f Plaintiff Goldman & Warshaw, P.C. BY:Barry A. Rosen, Esquire PA Identification No: 42951 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. NICHOLAS E WEBB NICHOLAS E WEBB 33 SAINT JOHNS RD CAMP HILL PA 17011-6940 DOCKET NO.: 10-492 NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA: NICHOLAS E WEBB DATfi OF NOTICE/FECHA DEL AVISO: February 27, 2010 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 HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE 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 3 BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Goldman & Warshaw P.C BY: BARRY SEN, ESQUIRE 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. P10D:NAN27888 NAN27888 Goldman & Warshaw, P.C. 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. NICHOLAS E WEBB DOCKET N0. 10-492 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. /XL Judgment by Default $2,670.97 ~L Money Judgment $ ~L Judgment on Award of Arbitrators$ L.L Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL THE LAW FIRM OF GOLDMAN & WARSHAW, P.C T THIS TELEPHONE NUMBER: 267-373-9730 PR NOTARY NAN27888 Goldman & Warshaw, P.C. 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 NICHOLAS E WEBB COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-492 " C: r.-, T) rn CO -- ? W r r n C fit-; 3 0-' ORDER TO SATISFY JUDGMENT -F. Vs. TO THE PROTHONOTARY: Kindly mark the judgment entered April 5, 2010 in the above-captioned matter satisfied upon payment of your costs only. Goldman & Warshaw, P.C. H V : BARRY A. RO N, ESQUIRE Attorney for Plaintiff P005 *9.5o Pd dep Cl I4-4589831o34 e 044D