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Home My WebLink About10-6938NAN30672 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY °., :0 (755 i 0 -ea rn ?C:> CD " t CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road. Glen Allen, VA 23060 Vs. TERESA M BAUGHMAN 312 W MAIN ST APT 1 MECHANICSBURG PA 17055-3208 DOCKET NO.: 1p - 40938 NOTICE co Civi I Term 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 ORBY 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 O 717-249-3166 9 $ga.00 P u am/ all 89K08 0'7s05(01 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. TERESA M BAUGHMAN 312 W MAIN ST APT 1 MECHANICSBURG PA 17055-3208 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : M _ / 1 3 gc xr-"( 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 TERESA M BAUGHMAN 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 October 22, 2010 remains on the subject account having account number 5178057240707450 in the amount of $987.31 plus interest accruing at the rate of 28.1% from December 5, 2008 in the amount of $870.26 for a total current amount due of $1,857.57; as of October 22, 2010 there remains a balance due in the amount of $1,857.57. 7. Plaintiff has made demand upon the defendant for payment of the balance due of $1,857.57 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 February 5, 2007. WHEREFORE, plaintiff claims of the defendant the sum of $1,857.57 plus applicable court costs and interest. Goldman & Warshaw, P.C. BY: /Vzl? Barry A. Ro n, 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 CAPITAL ONE BANK (USA), N.A., Plaintiff, V. TERESA M BAUGHMAN Defendant(s). VERIFICATION IYM4 t?o47a 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 Verification, and that the facts set forth in the foregoing Complaint i4 Civil Action are true and correct to the best of his/her knowledge, information and belief. Dated: Pamela Nelson A232 GOLDMAN & WARSHAW, P.C. EXHIBIT "A" CAPITAL ONE BANK (USA), N.A., Plaintiff, v. TERESA M BAUGHMAN 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 5178057240707450 for the just and true sum of $1336.15 as of 12/05/2008, 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. 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: County of Chesterfield, to wit: Commonwealth of Virginia Pamela Nelson SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Pamela Nelson, who acknowledged before me his/her signature to the foregoing Affidavit. -\ GIVEN under my hand and seal this /0 day Notary Public SHARONNo NICOLE JOHN blic Notary Registration Number: Notgry Pu Commonwealth of of Vlrgl o My Commission Expires: -/-/20 71 »eot my CommtNbn Expires Esc 31, 2012 A232 GoVE Joy -.,,, •. ?? , .... NP P,.•• ? ? •' .0.0 GOLDMAN & WARSHAW, P.C. o°; N ?oll : ?. eCoO 96, E ,rLO • S SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i I - Sheriff AV of 1t+>gbrfif _ Jody S Smith F ' Chief Deputy {si ,rt Richard W Stewart _ y Solicitor 0FFiCE ?,F THE VtZRIFF Capital One Bank vs. Teresa Baughman Case Number 2010-6938 SHERIFF'S RETURN OF SERVICE 11/10/2010 01:06 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on November 10, 2010 at 1306 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Teresa Baughman, by making known unto Esther Mullen, Aunt of defendant at 312 W. Main Street, Apartment 1, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 40 WN S T;XLL, DEPUTY SHERIFF COST: $37.00 November 16, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (ci GountySuite Sheriff, ieleosoft. 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 CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK vs. TERESA M BAUGHMAN FILED-OFFICE OF THEE PROTHONOTARY c (Ji:l':J 1 ai-lris COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-6938 PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by agreement against the Defendant, TERESA M BAUGHMAN, and assess the damages in the amount of $2,078.45 as per the attached agreement. IA'1_? BARRY A. OSEN, ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this D'day of J an- , 20 ij Judgment is entered in favor of the plaintiff(s) and against defendant, by agreement damages assessed at the sum of $2,078.45 as per the attached agreement. Pro notary auO /L/ 60 ? 937 "'5 63 IV d ot?ot fj le NAN30672 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. TERESA M BAUGHMAN 312 W MAIN ST APT 1 MECHANICSBURG PA 17055-3208 DOCKET NO.: 10-6938 JUDGMENT BY AGREEMENT AND NOW, November 29, 2010 it is hereby stipulated and agreed to by and between, TERESA M BAUGHMAN 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 $2,078.45in favor of CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK and against, TERESA M BAUGHMAN his/her successors and assigns; 1. Defendant(s) shall pay to the Plaintiff and Plaintiff shall accept from the Defendant(s) the sum of $2,078.45, plus 6.00% interest per Annum, as follows: RECEIVED DEC 14 2010 $125.00 per month beginning on January 5, 2011 and continuing each consecutive month on or before the 5th 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 NAN30672 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 may be imposed on our client. You should consult independent tax counsel of your own choosing ifyou 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 I 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: 9 o?010 TERESA M BAUGHM Defendant Date:-L2-//5-/id __LZBarry A. Rosen, Esq. Jeffrey M. Parrella, Esq. Internal Use Only [$192.00 ] PAUL J. KLEMM, ESQUIRE NUDELMAN, KLEMM & GOLLTB, P.C. 425 EAGLE ROCK AVENUE ROSELAND, NJ 07068 973-618-0000 ID #92125 ~t_11-1;~ ~ ~. ~'~~~~D~C-3 ~~ 2~ ~:-3 t1M8E~l./~' iota L'%L`~°°,~- ~. PENNSYLY~~d1,~ ATTORNEY FOR PLAINTIFF CAPITAL ONE BANK (USA), N.A., v. TERESA M BAUGHMAN CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 10-6938 ORDER TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the Money Judgment in the above matter as satisfied upon payment of your costs only. Date: November 21, 2012 Respectfully Submitted: NUDELMAN, KLEMM & LUB, P.C. Paul J. Klemm, Esquire 425 Eagle Rock Avenue Roseland, NJ 07068 (973)618-0000 NAN30672 ~4. so ~r~L A~~ eke' s7o87 ~ ~a~'~