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HomeMy WebLinkAbout10-2439V NAN19106 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 "' -- r Quakertown, PA 18951 Cl) 267-373-9730 Counsel for Plaintiff c cs CAPITAL ONE BANK (USA), N.A., COURT OF COMMON PLEAS successor in interest to CAPITAL ONE CUMBERLAND COUNTY BANK 4851 Cox Road Glen Allen VA 23060 /? vs. DOCKET NO.: 10 - agZ54 C1 v i l em ANN E MORGILLO 64 OLD FEDERAL RD Camp Hill PA 17011 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 Q 32 S BEDFORD STREET s a• 00 Pis A Try CARLISLE, PA 17013 717-249-3166 M-1 7d43 0 X10393 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, CAPITAL ONE BANK (USA), N.A., successor in interest to , is a business entity and bank authorized to do business in Pennsylvania with an address as stated in the caption above. 2. Defendant ANN E MORGILLO is an adult individual residing at the above captioned address. 3. 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. 4. 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. 5. The defendant (s) 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 February 5, 2010 remains on the subject account having account number 5178052578027845 in the amount of $6,110.06 plus interest accruing at the rate of 28.1% from July 2, 2008 in the amount of $4,760.29 for a total current amount due of $10,870.35; as of February 5, 2010there remains a balance due in the amount of $10,870.35. 7. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $10, 870. 35 but the defendant (s) 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 September 28, 2006. WHEREFORE, plaintiff claims of the defendant the sum of $10,870.35 plus applicable court costs and interest. Goldman & Warshaw, P.C. BY: Barry A. Rose?K 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 VERIFICATION I, Barry A. Rosen, Esquire, hereby state that I am the attorney for Plaintiff herein, that I am authorized to make this verification on behalf of Plaintiff in the foregoing Civil Action Complaint; that I have personally reviewed the documents upon which this cause of action is based and know the cause of action to be based in fact; and that the statements made in Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that the statements in this verification are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Barry A. en, Esquire NAN 19106 CAPITAL ONE BANK (USA), N.A. ANN E MORGILLO X7845 WEl iNGLTAR r AFFIDAVIT I, , being duly sworn according to law, depose and say that: I . I am the agent for the Plaintiff herein and I am familiar with the files relating to this account; : 2. 1 have personal knowledge of the facts and circumstances in connection with this case; ttta 3. Plaintiffs files are maintained in the usual and ordinary course of business: 1. !MM 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. After allowing for all offsets and credits, a balance remains on the subject account having °S account number?7845 in the amount of $6,110.06; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. (Na t) Sworn to and Subscribed before me this _ dayAUa 0 Q 2006 of , 200 Notary u MY n? ,,?,yt9,200° NAN19106 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 ZU10 J~~ 25 P~ i ~ ~3 -., PENiv~1'LV~'~ii~± CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK vs. ANN E MORGILLO COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 10-2439 PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. Gcldman & Warshaw, P.C. BY: Barry A. Ros ESQUIRE Attorney fo Plaintiff P006 CERTIFICATION OF SERVICE I, Barry A. Rosen, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Praecipe to Withdraw Complaint Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre- paid, to all other parties or their counsel of record. Barry A. Ro n, ESQUIRE Dated: ~p ~ 3 ~d'