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Home My WebLink About10-4977 NAN26291 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. RONALD W BORZA 421 ALLENDALE WAY CAMP HILL PA 17011-8407 C,Vix-e, L c.? r - COURT OF COMMON PLEAS CUMBERLAND COUNTY W t DOCKET NO.: 10 - yq 17 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 S *ga,00 PO n,r, e-T 1807 P-,'4 o2440T6 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. RONALD W BORZA 421 ALLENDALE WAY CAMP HILL PA 17011-8407 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 RONALD W BORZA 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 4388641882737682 in the amount of $966.23 plus interest accruing at the rate of 28.1% from September 24, 2008 in the amount of $758.64 for a total current amount due of $1,724.87; as of July 8, 2010 there remains a balance due in the amount of $1,724.87. 7. Plaintiff has made demand upon the defendant for payment of the balance due of $1,724.87 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 January 24, 2007. WHEREFORE, plaintiff claims of the defendant the sum of $1,724.87 plus applicable court costs and interest. Goldman & Warshaw, P.C. BY: AO-? Barry A. Rol/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 IVAN NoPq 1 CAPITAL ONE BANK (USA), N.A., Plaintiff, RONALD W BORZA 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 Ven iicatio , and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to best of his/her knowledge, information and belief. Dated: v?? ???I ?d 1 U? J ?e illiams A232 GOLDMAN & WARSHAW, P.C. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. RONALD W BORZA 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 4388641882737682 for the just and true sum of $1262.18 as of 10/24/2008, 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 un r y hand on: Dated: County of Chesterfield, to wit: Commonwealth of Virginia J e lliams SUBSCRIBED and-sworn to before: me, the undersigned Not:u - °ublic in and-fbr4he--•--- jurisdiction aforesaid, by Jamie Williams, who acknowledged before me his/her signature to the foregoing Affidavit. oo GIVEN under my hand and seal this A day of , 20 ?0. 4A"" ) av, Notary Public Notary Registration Number: / 20 C-Of'.?ffll ..'N :!C!Ir•'7f ??IiyI:11G My Commission Expires: _ / A232 GOLDMAN & WARSHAW, P.C. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ Sherrff y~zr of ~un~b,~~,~ . .__ T~ ~' Jody S Smith Chi f D h~ ~Q e eputy ~ kr pis ~~~~ .,~ j ~ ~',~ i ~' ~ ~ ' ~y K Richard W Stewart X010 (~~r' ~ 7 / '~ } Solicitor or~i~~ar-N=s~~R~rF r ~, :,, . _ ~- I'1 \P ,, , Capital One Bank (USA) vs. Ronald W Borza Case Number 2010-4977 SHERIFF'S RETURN OF SERVICE 08/12/2010 11:53 AM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 12, 2010 at 1153 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ronald W. Borza, by making known unto himself personally, at 421 Allendale Way, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 August 13, 2010 NOAH CLINE, DEPUTY SO ANSWERS, ~~'~"_ RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoft, Inc. NAN26291 Goldman & Warshaw, P.C. Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street "?- _ -? Quakertown, PA 18 951 rn- 267-373-9730 cnr" Counsel for Plaintiff r- - o - CAPITAL ONE BANK (USA), N.A., COURT OF COMMON PLEAS successor in interest to CUMBERLAND COUNTY CAPITAL ONE BANK VS. RONALD W BORZA DOCKET NO. : 10-4977 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 Total: $966.23 9/22/2007 $855.35 & Service) $ . $1,821.58 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, RONALD W BORZA, 421 N`?' Who ALLENDALE WAY, CAMP HILL PA 17011-8407. 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 I'S day of e 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 , $1,821.58 as per the above certification. PrPthonotary, jJpOTb'b• Bus Goldman & Warshaw, P.C. BY: BARRY A. RSS , ESQUIRE Attorney for Plaintiff padj /scan 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 COURT OF COMMON PLEAS interest to CAPITAL ONE BANK CUMBERLAND COUNTY VS. DOCKET NO.: 10-4977 RONALD W BORZA RONALD W BORZA 421 ALLENDALE WAY CAMP HILL PA 17011-8407 NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA: RONALD W BORZA DATE OF NOTICE/FECHA DEL AVISO: September 10, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAMED 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 W , P.C. BY: B Y OSEN, 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:NAN26291 l 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. RONALD W BORZA TO: RONALD W BORZA 421 ALLENDALE WAY CAMP HILL PA 17011-8407 NAN26291 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-4977 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. LX/ Judgment by Default $1,821.58 L-L Money Judgment $ L? Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL THE LAW FIRM OF GOLDMAN & WARSHAW, P.C. AT THIS TELEPHONE NUMBER: 267-373-9730 O l JYYIl1 PRIOTHONOTARY I padj /scan