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HomeMy WebLinkAbout10-4976Of ' )' NAN26364 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. TERRY D CLARK 11 A HEMLOCK DR MECHANICSBURG PA 17055-4712 } COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10 - gQ`l(p 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 717-249-3166 #ga.00 PD Ay" C**M B , jq(0oy9 r 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. TERRY D CLARK 11A HEMLOCK DR MECHANICSBURG PA 17055-4712 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 TERRY D CLARK 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 . 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 5178052661849667 accruing at the rate of amount of $3,127.21 for as of July 8, 2010 ther $6,884.93. on the subject account having account in the amount of $3,757.72 plus interest 28.1% from September 25, 2008 in the a total current amount due of $6,884.93; e remains a balance due in the amount of 7. Plaintiff has made demand upon the defendant for payment of the balance due of $6,884.93 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 March 21, 2007. WHEREFORE, plaintiff claims of the defendant the sum of $6,884.93 plus applicable court costs and interest. Goldman & Warshaw, P.C. BY: Barry A. sen, 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 N?4Na, 10310 ? CAPITAL ONE BANK (USA), N.A., Plaintiff, TERRY D CLARK Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn 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 Verificat , and that the facts set forth in the foregoing Complaint in Civil Action are true and correct t e best of his/her knowledge, information d belief. Dated: d J ie illiams A232 GOLDMAN & WARSHAW, P.C. CAPITAL ONE BANK (USA), N.A., Plaintiff, v. TERRY D CLARK 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. 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 5178052661849667 for the just and true sum of 55088.41 as of 10/25/2008, 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. 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 a my hand on: Dated: C.? J i illiams 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 Jamie Williams, who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this A day of Nov 1200 ?? / Notary Public Notary Registration Number: My Commission Expires: _ / _ / 20_ A232 GOLDMAN & WARSHAW, P.C. c . ;, c; SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~,~` _; , Sheriff ,,~ 7~ ,~- Jody S Smith ~ '~~ Chief Deputy ~' ~ ~. ~~~Q ~u'~ ~~ PM ~~ ~n Richard W Stewart SOiICItOr t~FiGE (?F Tk): SH€Rifw '~~-% ~_ I'=~ ~ ~ ~ 6 R Capital One Bank (USA) vs. Case Number Terry D. Clark 2010-4976 SHERIFF'S RETURN OF SERVICE 08/10/2010 07:38 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2010 at 1938 hours, she served a true copy of the within Complaint and Notice, upon the within namec defendant, to wit: Terry D. Clark, by making known unto himself personally, at 11A Hemlock Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. VAL IE WEARY, DEPUTY SHERIFF COST: $37.00 August 11, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoff, Inc. ~ 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 ~= if...a.~}~-(~1= ~'l~c~ l.li~ Y iei._ aA';~ I iJ°~sI~U Pi~: 9 Z~loQr~~ ~~ 1~,~~~~~4 C'~'~~~~RL ~`~N~ C(~Ut~T`;' CAPITAL ONE BANK (LISA), N.A., successor OF COMMON PLEAS in interest to CAPITAL ONE BANK CUMBERLAND COUNTY vs. DOCKET NO.: 10-4976 TERRY D CLARK PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by agreement against the Defendant, TERRY D CLARK, and assess the damages in the amount of $7,075.18 as per the attached agreement. BARRY . ROSEN, ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this ay of ~" 2010 Judgment is entered in favor of the plaintiff(s) and against defendant, by agreement damages assessed at the sum of $7,075.18 as per the attached agreement. Prothonot Cl~ g30( ~19Y9 ~ /l.S~l'~c~ rrG3 t l£cC. NAN26364 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. TERRY D CLARK 11A HEMLOCK DR MECHANICSBURG PA 17055-4712 DOCKET NO.: 10-4976 JUDGMENT BY AGREEMENT AND NOW, September 17, 2010 it is hereby stipulated and agreed to by and between, TERRY D CLARK his/her successors and assigns and Barry A. Rosen Esquire, counsel for CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK that the Court enter a determination in the above-captioned case as follows: Judgment shall be entered in the amount of $7,075.18in favor of CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK and against, TERRY D CLARK his/her successors and assigns; RECEIVED SEP ~ 0 2010 1. Defendant(s) shall pay to the Plaintiff and Plaintiff shall accept from the Defendant(s) the sum of $7,075.18, plus 6.00% interest per Annum, as follows: A down payment of $141.00 due September 25, 2010, plus $141.00 per month beginning on October 25, 2010 and continuing each consecutive month on or before the 25th of each month until paid in full. 2. All checks are to be made payable and delivered to GOLDMAN & WARSHAW, P.C. at 34 Maple Ave Suite 101 Pine Brook NJ 07058, as attorney for plaintiff, and received no later than the date indicated above, time being of the essence. All payments shall have the file number NAN26364 written upon it for identification. Plaintiff may be required by law to report this settlement to one or more taxing authorities. Plaintiff makes no representation about tax consequences this may have or any reporting requirements that maybe imposed on our client. You should consult independent tax counsel of your own choosing if you desire advice about any tax consequences which may result from this settlement. 3. If payment is not received by the due date set forth in paragraph 1 above or if a payment is not honored by the bank, then Defendant shall be in default. In the event of default, Plaintiff shall be entitled to enforce its judgment. Date: ~~ 8 TERRY D CLARK Defend t Date: ~U /Q Barry A. Rosen, Esq. Jeffrey M. Parrella, Esq. Internal Use Only [$129.00 ] NAN26364 ' 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. TERRY D CLARK COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-4976 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. LL Judgment by Agreement $7,075.18 ~[ Money Judgment $ ~[ Judgment on Award of Arbitrators$ ~[ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY: BARRY A. ROSEN, ESQUIRE AT THIS TELEPHONE NUMBER:. 267-373- 9730. PRO 10~/a.~rd _- • i�SCC�T CAPITAL ONE BANK(USA),N.A. . In the Court of Common Pleas of Plaintiff : CUMBERLAND County, Pennsylvania . Civil Division vs. • • • TERRY D CLARK . NO: 10-4976 CIVIL TERM Defendant : . Praecipe to Satisfy the Judgment and End Case zo �Crt rt To the Prothonotary of CUMBERLAND County Pennsylvania: 1t rte..© -0 �•I Please enter the above Praecipe to Satisfy the Judgment and End Case. p_a . ' Thank you, jr Micha-1 F. Rate,`ord, Esquire Edwin A. Abr. amsen& Associates, P.C. Lawyer ID# :6285 120 N. Key.,er Avenue Scranton PA 18504 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK(USA),N.A. • : CIVIL ACTION Plaintiff : vs. : NO: 10-4976 CIVIL TERM TERRY D CLARK • • Defendant . PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary of CUMBERLAND County: Kindly enter my appearance on behalf of CAPITAL ONE BANK(USA),N.A. in the above-captioned matter. d- Date: October 18, 2013 Signature. A �1 Print Name: Michael . Ratchfs, d Es.uire Supreme Court ID No: 86285 Address: 120 North Keyser venue Scranton, PA 18504 Telephone No: (570) 558-5510