The URL can be used to link to this page

Home My WebLink About10-49751 8. 1 '0. NAN31617 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. RUSSELL A MUSSER 35 MOUNTAIN VIEW TER NEWVILLE PA 17241-9024 W COURT OF COMMON PLEAS W CUMBERLAND COUNTY ` N DOCKET NO.: (p _ qQ 95 &'oTem 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 9 4qa.00 PO AT" 0,* %I0 &',Zqjo0y8 It 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. RUSSELL A MUSSER 35 MOUNTAIN VIEW TER NEWVILLE PA 17241-9024 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 RUSSELL A MUSSER 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 number 5178057309039944 accruing at the rate of amount of $1,955.24 for as of July 8, 2010 ther $5,924.94. on the subject account having account in the amount of $3,969.70 plus interest 24.9% from December 18, 2008 in the a total current amount due of $5,924.94; remains a balance due in the amount of 7. Plaintiff has made demand upon the defendant for payment of the balance due of $5,924.94 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 7, 2007. WHEREFORE, plaintiff claims of the defendant the sum of $5,924.94 plus applicable court costs and interest. Goldman & Warshaw, P.C. BY: Barry A. R en, 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 NON 314,17 CAPITAL ONE BANK (USA), N.A., Plaintiff, V. RUSSELL A MUSSER Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom 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 belie . A ?-- r Dated: i ?l? Lac[ lC .1al- Edward Piotrowski A232 GOLDMAN & WARSHAW, P.C. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. RUSSELL A MUSSER 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. 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 5178057309039944 for the just and true sum of $4389.44 as of 12/18/2008, plus interest accruing from said date at an annual percentage rate in accordance with the Customer Agreement, currently 24.90%, 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 under my hand on: Dated: ? ? Z 1 l- 1. ?,??•. Edward Piotrowski 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 Edward Piotrowski, who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this t day of .4 1 Notary Public Notary Registration Number: My Commission Expires: _ / 20 L<'me'ii+r 'fl O! Virci:r..ic? 17 L ,r, -4 ' ''?+"`*•. ,.. ss .1iJi 31, 117 A232 GOLDMAN & WARSHAW, P.C. R! J Nei.. ti !?iRy .• g s • >?Y • ,lJn : ? .ter rY?Y"??Y1crv. a5 s PH 12: & Warshaw, FAA. ` Goldman ~ f L,1 ;,iEt"R Barry A. Rosen, Esgt9 4:6 R PA Identification No:'Pe1i6 11 i/GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff NAN31617 CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK VS. RUSSELL A MUSSER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-4975 PRAECIPE FOR ENTRY OF JUDGbMNT FOR WANT OF AN ANSWER ASSESSMENT OF DAbUMS, 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 @ 24.9$ Costs (Complaint $3,969.70 7/16/2008 $2,236.87 & Service) $130.80 Total: $6,337.37 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, 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, RUSSELL A MUSSER, 35 ?D att 0`?.?q?zs?,o3 ?w 1.: r P MOUNTAIN VIEW TER, NEWVILLE PA 17241-9024. 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, this day of , 2010 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $6,337.37 as per the above certification. othonotary tvsu b.-BUOLL Goldman & Warshaw, P.C. BY: BARRY A. ROAN, ESQUIRE Attorney for Plaintiff padj /scan Goldman & Warshaw, P. C. BY:Barry A. Rosen, Esquire SPA Identification No: 42951 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in COURT OF COMMON PLEAS interest to CAPITAL ONE BANK CUMBERLAND COUNTY VS. DOCKET NO.: 10-4975 RUSSELL A MUSSER RUSSELL A MUSSER 35 MOUNTAIN VIEW TER NEWVILLE PA 17241-9024 NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA: RUSSELL A MUSSER DATE OF NOTICEJFECHA DEL AVISO: September 10, 2010 WORTANT 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'S BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Goldman & Warshaw P. . BY; BARRY ROSEN, 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;NAN31617 Stanley D. Goldman, Esq.°" David B. Warshaw, Esq.°-" Julie M.W. Warshaw, Esq.°-" Jeffrey M. Parrellh tsq. Gerardino DiPopolo, Esq. ° Carl Zapffe, Esq. °" Angela Morisco, Esq. Barry A. Rosen, Esq. licensed in MA ° licensed in NJ licensed in PA "licensed in NY retired GOLDMAN & WARSHAW, P.C ATTORNEYS AT LAW ® Reply to Pennsylvania Office: 312 W. Broad Street Quakertown, PA 18951 (267) 373-9730 Fax: (267) 373-9781 Gok+er .9, 2010 Prothonotary of Cumberland County One Courthouse Square Carlisle, PA 17013 RE: CAPITAL ONE BANK (USA), N.A. vs. RUSSELL A MUSSER Our File No.: NAN31617 Dear Sir/Madam: New York Office: Goldman, Warshaw & Parrella 10 Oakland Ave., Suite 24 PO Box 597 Warwick, NY 10990 (845) 544-1783 Fax: (866) 541-9926 NYC DCA. LIC 1251927 New Jersey Office: 34 Maple Ave., Suite 101 Pine Brook, NJ 07058 (973) 439-0077 Fax: (973) 439-7204 Enclosed for filing please find an original and two copies of a Praecipe to Enter Default with regard to the above matter. Kindly file same with the Court and return a time-stamped copy in the enclosed self-addressed stamped envelope provided herein for your convenience. I am also enclosing herewith this firm's check in the amount of $14.00 to cover your fees. Thank you for your attention to this matter. Very truly yours, Goldman & Warshaw, PC /s/ Barry A. Rosen, Esquire BARRY A. ROSEN, 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 G&W/SM Enclosure