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Home My WebLink About10-4973 NAN26493 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. CONSTANCE D HART 800 RITNER HWY SHIPPENSBURG PA 17257-9550 -77 CD T COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10- 4473 C %41kTervX 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 3 CARLISLE, PA 17013 O 717-249-3166 4ga,oo Pe Am 1 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. CONSTANCE D HART 800 RITNER HWY SHIPPENSBURG PA 17257-9550 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 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 CONSTANCE D HART 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 plaintiffs 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 July 8, 2010 remains on the subject account having account number 4862362589862583 in the amount of $1,104.36 plus interest accruing at the rate of 25.1% from September 30, 2008 in the amount of $585.51 for a total current amount due of $1,689.87; as of July 8, 2010 there remains a balance due in the amount of $1,689.87. 7. Plaintiff has made demand upon the defendant for payment of the balance due of $1,689.87 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 October 12, 2007. WHEREFORE, plaintiff claims of the defendant the sum of $1,689.87 plus applicable court costs and interest. Goldman & Warshaw, P.C. BY: Barry A. Ro , 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 NPNakq q 3 CAPITAL ONE BANK (USA), N.A., Plaintiff, CONSTANCE D HART 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 Verificati9h and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to'tb6 best of his/her knowledge, information and belief. 'Idll T-) ated: ' 2WS ULL)dl Jai a Williams A232 GOLDMAN & WARSHAW, P.C. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. CONSTANCE D HART 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 4862362589862583 for the just and true sum of $1199.27 as of 09/30/2008, plus interest accruing from said date at an annual percentage rate in accordance with the Customer Agreement, currently 25.10%, and that all just and lawful offsets, payments, and credits have been allowed. The Customer Agreement entered into between the parties also authorizes Capital One to recover from Defendant(s) reasonable attorneys' fees and costs to the extent permitted by law. 5. Post judgment interest will continue to accrue on Defendant's(s') indebtedness at the rate authorized by law and as set forth in the judgment order. 6. I declare under the penalty of perjury that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. Given unde nl y hand on: Dated` 1 4Je Williams County of Chesterfield, to wit: Commonwealth of Virginia SUBSCRIBED and sworn to before me, the undersigned Notary Public in and Eor->he - •- - -- - jurisdiction aforesaid, by Jamie Williams, who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this a day of AID V , 20 d otary Public Notary Registration Number: My Commission Expires: _ / 20 ALMANCt.R S. CME ::IS Notary P'.1bJc EVC ofn? .on+ve^_Vh of Vlrnlnlo ?7?!0::2 mhi,sx! Cs r. "!•P 3G. 7'172 A232 GOLDMAN & WARSHAW, P.C. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff a0,1r of ut?tb?r?$# Jody S Smith Chief Deputy M0346 13 An- lo ?? ? -• Richard W Stewart OFf ICE Or THE SHFRIFF Solicitor Capital One Bank (USA) vs Case Number . Constance D. Hart 2010-4973 SHERIFF'S RETURN OF SERVICE 08/12/2010 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Constance D. Hart, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Constance D. Hart. Current resident of 800 Ritner Drive, Shippensburg, PA 17257 advised Deputies they have resided at this location for over a year and do not know the defendant. The Shippensburg Postmaster has confirmed Constance D. Hart's forwarding request has expired. SHERIFF COST: $51.00 SO ANSWERS, August 12, 2010 RON R ANDERSON, SHERIFF (c) CountySuite Shenff. Teleosoft, Inc. NAN2649 Goldman 'Warshaw, P.C. Barry A.I Rosen, Esquire PA Iden 'ification No: 42951 GOLDMAN j& WARSHAW, P . C . 312 W. ;road Street Quakert iwn, PA 18951 267-373 ;9730 Counsel for Plaintiff CAPITAL successor in BANK BANK (USA), N.A., rest to CAPITAL ONE vs. CONSTAN 233 E KIN( SHIPPENS E D HART ST #1 URG PA 17257-1426 . - ,. .. , ~;~~;3~T~r~Y ~. cu~~~ r~°~d~aY _~ , ._ .~,:~9~ COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-4973 PRAECIPE TO REINSTATE COMPLAINT TO THE for an ARY: ~w _..~ ~d p' ~~ ~~ 1-7°I ...~~. Cj ~ C`.7 `.:'~ C7 c'a c~ , ~- _ ~~ ~ ~ ~$ ~_ reinstate the Plaintiffs' Complaint in Civil Action in the above-captioned matter ', thirty (30) days. Goldman & Warshaw, P.C. BY: BARRY A OSEN, ESQUIRE Attorney for Plaintiff(s) O ~Ip.Ob PA ATl`/ ~# 8333 ~* ay94a~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ` 4 y. Richard W Stewart "=t Solicitor Fri _E 'HE S"!:RIFF Capital One Bank (USA) vs. Constance D. Hart Case Number 2010-4973 SHERIFF'S RETURN OF SERVICE 11/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Constance D. Hart, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Constance D. Hart. Current occupant of 800 Ritner Highway, Shippensburg, PA 17257 advised Deputies, he has resided at this location for over three years and does not know the defendant. However, The Shippensburg Postmaster is still delivering Constance D. Hart's mail to 800 Ritner Highway, Shippensburg, PA 17257. SHERIFF COST: $51.00 November 05, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF A_J 7) co ? t (C) CountySuite Sheriff, Teieosofl_ hr. NAN26493 fV . r . 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 FILED-OFFICE OF THE PRO THONG T;= p y 2010 NOV 30 QN 9: 12 ""IBEREANO c0UN T y PENNSYLVANIA CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK VS. CONSTANCE D HART COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 10-4973 PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. Goldman & Warshaw, P.C. BY: Barry A. R 7/4n, ESQUIRE Attorney or 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. /io-.? Barry A. Rog /n, ESQUIRE Dated: "421/2 G / C,