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HomeMy WebLinkAbout08-3926IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff No. OF - 3 9 a, et?;d -7'?e,. vs. JODI L ORCHARD Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5658448 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. O y- 9 9 aG C',;P-.Q JODI L ORCHARD Defendant COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND 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 an 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 judgment 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices in 140 EAST SHORE DR GLEN ALLEN, VA 23059. 2. Defendant is an adult individual residing at 5925 HUNTINGTON COMMONS ENOLA, PA 17025. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 5178052438139947. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of MAY 12, 2008, in the amount of $1573.86. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "I" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 25.90% per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, JODI L ORCHARD individually, in the amount of $1573.86 with continuing finance charges thereon at the rate of 25.90% per annum from MAY 12, 2008 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. M., Willi;rm T. M zan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:5658448 Your account is temporarily suspended ae from future purchases and cash ACCOUNT STATUS FOR: JODILORCHARD advances due to its past due status. A good credit raring may help you get credit cards, a cell phone or even a job. We can help restore your charging privileges: • Use our free Check by Phone service by calling 2-800-955-66oo. TEMPORARILY • Call our friendly associates for payment options at the number above. SUSPENDED • If you have online account access, log onto your account and pay now at www.capitalone.com. - of If you prefer, simply use the payment coupon below. The purpose of this letter is to celled a debt. Any information obtained will be used for that purpose. O 2004 Capital One Services, Inc. Capital One is a federally registered service mark. All rights reserved. 04e-0404 IOWO Account S Previous Balance $646.54 Payments, Credits and Adjustments S.00 Tnnradio1" $29.00 Finanm Charges $14.37 PLATINUM MASTERCARD ACCOUNT 5178-0524-3813-9947 MAY 24 -JUN 23, 2005 Page 1 of 1 Payments, Credits and Adjustments Transactions 23 JUN PAST DUE FEE $29.00 New Balance $689.91 You were assessed a past due fee of $29.00 on 06/23/2005 because your minimum payment was not Minimum Amount Due $389.91 received by the due date of 06/23/2005. To avoid this fee in the future, we recommend that you Payment Due Date July 23, 2005 allow at least 7 business days for your payment to reach Capital One. Total Credit Line $300 Total Available Credit $.00 Credit Line for Cash $300 Available Credit for Cash $.00 At your service To m8 Customer Relations or to report • lost or stolen card: 1-800-903-3637 Send payments to: Send ingwrie to: Attn: Remitanm Processing Capital One Bank Capital One Services P.O. B. 790216 P.O. Box $5015 St Louis, MO 63179-0216 Rkhrnond, VA 23285-5015 EXHIBIT 1 sommmummom? F-mance Charges Pkwerareverx.ridgj importanttinfffmatwx Bd -rare li l Per.1f. _=_1 WE gop r m rak PURCHASES $653.46 .07096% 25.90% $14.37 CASH $.00 .070960A 25.90% too ANNUAL PERCENTAGE RATE applied this Period 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT CW 0000000 0 5178052438139947 23 0689910060000389916 New Balance $689.91 Minimum Amount Due $389.91 Payment Due Date July 23, 2005 Total enclosed $ AccountNumbc 5178-0524-3813-9947 Capital One Bank P.O. Box 790216 lrlnlulrllluulull St. Louis, MO 63179-0216 1fill nlitloll lr,rilrlgill wuIrlrullrl Irrtul6Au6t61 Pk -prier mad.,aW.-d' e-mail bmg. ho6w -, Mae wbl:t nk Snaet APL 4 Gty Spa ZIP Home Phone A]-- Pone #9017571643655196# MAIL ID NUMBER JODI L ORCHARD 422 UPLAND ST APT I e 6 o POTTSTOWM PA 19464-5160 0 ° ? lur?l?rlurlulrllnrlnlrlr?nullrlinllnrlrlulr?nrllul r Pkate uw*e_r r aaonnt nwxber m your rbecf or money order madepayab/e to Capital One Bani and mail in the enrlwed envelope. S S 01: Qo N r7N periodic rate. To daein the average daily balsce for the MNrg_ _ peiiodMtanw of e ? a natanam, we bke 1M Def/Mnx to aM dsY, add easy new trawmions to sadl sep?nen will subtract: eny pay+nrrn or credits. (It the trade N appaan on fir bond of tNa atatemem next m ' Balava lists Appxed Towe Nfo rbtram ny urpsitl finerco Utarge Irhdrstled in the balerce of each sepnxe) This ¢s u the dsxy DNarVr m each aepnart. That, we sold up ax the datay bdenue for each sspnsm for the bllxrtg period and divide by 1M total mscber of ,in in the tilling period. This give w the vers sNV balance of aanc feg- 3. :4 r.l lPreamaga hates IAPRL The ten 'Antasl Percentage Rate' may appear as 'APR' on the froth of this aatemera. b. If the code p IPdms), L (3+no. UDORI, C (Certificate of Deposit), a S (B ,to Pima) apptrn m the from of this aatanas next Io the padadic rated), the Anodic rase and camaoavi I ANNUAL PERCENTAGE It me=0 guartad, and ay Increase a decrease based ted it."., as feed in TM WAN Sher .bunts, plus the margin previously dsdosed to you. These dYrgse will be effective m the file[ day of your billing peibd covered by Ytur pedodc aatemmt acing in the morMS Janrry, Apd, July and OaoheI. c. if the code D (Prime), F (1 mo. LIBOR) or O (3-mo. LIBOR Rwdced Malay) appears m the hen of you met and ad co m anew n ANNUpaiodeAL PERCENTAGE RATES pedals may mor vary Indi cuy t and A and May increase or decrease based en rite sated kds, as Sound in The Wag Sheet Jons1, pw rite magic protiowlY dadosedy ofyo you.u These clsnges first le [o wfN ba effective on the r Mlli g pled. each mash. 4. Assessment of Late, OmYnk and Rasaned Payment Feare. You acuun vM be sseeseed no mom then taro of the few fisted hem that occur cluing any billing period. Under the terns of your cur aner agmemem, vte resets cis 1ipM to rot to a- any bse w(mae prig nedlcatim to vewiemocu rigid ro ,ass the same or similar or a 1==., 5.TRamniolng Yaw Awaso t. It a membership fee appesn on the from of this atonement, you hove 30 days from the dare this )tat Vass malbd to you to avoid paykg as fire or ro hew arrch ale ctadted ro you if you pascal your account. Otsbg this period, you may continue to use your account withart he," m pay the inson fee. o car" your - notlWu by callkq ow Cumxmmr Rel WDDepertmem std paytazNew Bdcnee' le Aral (etrkWriq the B. M Y- Close Yau?Aeaaal. w reps) toedme yaw act era W cNxrg au CWmoa Reletbn Department- You rust dsearoY Yes cm& card(s) and accost srxese cmcb, uncd as) preaWtaized billing, and c emir Wig you account. N you do tar cancel preaulgized Wlinp arrartpsrrsrsf,. ws vviN cariNr receipt of , longs your rdheizasn ro rea{sn yam accaan. AddtlortNly, your accourp wit not he dosed you owe w iruJudrna ny -a you Pay rig amounts transactions you have srahedzed, lkoarae doges, pea due two, ovehiimit time, mun ed payment fees, cash advance rase and any other to maenad to you account. You an teapomWle ter the anaua winder they 7nr m yourax, =!,a you reps)[ o au close tthe a arOaeprera tle You request dosto cherries appearing ro the accent. This mar mat on your account after vou have your account if it Ms slmsdy been dosed. For example, if you suarfzed • pundits iron a merdrm and sea receive the transaction from the merchant after Your account has been closed, your account Wit be the amount Of the charyry)e vM b; your attousn, aM yyoouu vviN be rasporrsb for .=s, If there I. a to be cc aliipfeeW yar acccur[,rMbe by 1 law, -.tldu accctc co balance ro the extant id in fial l ua ba Ma been pad in as Nlrced above. 7. hhkg Ysa Aassat.Your card or accent cannot be wed M coratsctlon aim eny imernt gambling tray-orio s. BIWNO RIGHTS SUMMARY lln Case Of Eason Or Question About Your Bill) If you theac your bal b wrap, or if you need mom information on a trerractin a hill, "War ro ue on a separate shear as soon as puelhb at the address fat Inquiries flc- m dr liters of thaisy aarnma. We mutt hea you - ays error or problem appeared. ? ? You tla firstrboi mm wtich ( d W our Ctaaomer Rala ins comber, but ddr ao serer not preserve your rights. In your leas, give w the following inbmunion: your name and account number, the doper amount of the atspetted erro, a description of the ertor and an e>ylarWlan, If paasWlebb Mw you 6aaeve them I. error, or if you need more m, a description of the Rotas yo=.Y ou do not Mw to pay any anged rt, bu you emara to ,:Z= le am sty ohllgstsd to ply the parts of you ti that am not in puestlm. Whit o twee pan y f qtZ tit sea ce one Won you es deNroguant or take any actin ro collect the amain you gstin. t,t Spacial Rule for Credit Card Purchases If you heve it problem with the quality of property or services cat you purchased Wth a credit card and you have Fried in good tats 10 correct the problem vdth the merchant, you may hove the right apt to pay the remaining amour due an the property or services. You have this proectlm aey vahern tla om tlrn 500 and the pudr.==,= home more or thin 100 miles of your mooing addrs. (1+ we owe or operate the mordant, or if we mailed you the dvarthom as for the property or services, all purchases aro covered Moerdew of rrtoun or location of purchase.) Please remember to sign a1 -mespardaru. t Goes nW A Wv b canwmer non-cndf card --its t Does not apply to Badness non-c M cad eccou is Cepha One a[ppona 1nbroetlon privacy protection: s our wvbsite a www.upnold com. Capful One is a fiderally rWrered seMU mark of Capital One Randal Corporation. I rights reserved. A 2003 Capitol One 01LOLBAK ter. Oraea Periled. You We he- a mb*- grace period of Nys vArlau firnarnu dhs m anew puhcases, row 21, balansa imynwfeWO.Vnave zpxW porches and new other a? ?rw wits theme rtaM Ndice brace', In end in rims br n m becnedted by your newin ass aaema tdowg alts. Ttaro is ne gmu peeled m uM edvarms and apedN tnrabn. In addmen, them is ne grew period m arty trarractbn if you do not pay tla total 'New balance.' b. A¢enig Fk scram Charge. Transactions which are not grace period da horn Me te the e transaction ?or 2 211 fmAns- n the dilate the ) tranactlOn is processed to your Account or 3) from the fine calendar do, of the strata bang period. Additionally, i1 you rid not pay the 'New Balsrnce' tron the provias blYktp cacpam npai d b M, balance u uraN all th tla d unpaid npaid balance se is to paid in aid in to your full. Thb mart Uost you may elm owe firtertu charges, even if You play ihe anti, New Balance indicated on the from of your stationers by the next aaemem closing date, but did not N se for the prerviars month. 1lrpald finenc , charges ?pNra01a aepnrrm of yaw A¢wa. t c. Gaye. For seam balrg period Uat ==a total RNANCE CHAMiEtof 1 bePImpoaed. If Me tool tirrnea dsrye rewidrq from tics applutlen of your periodic ree(f) is lase dsn 30 60, we will subtract dirt amara Ban tla 00.50 mlNmun and the dfteranu will be tidied ro the IancMas agrrert of your account. to. Tenpray Raisaian h Fin- Charge. We reserve the rqM m no[ arcs anyr or all finance dupes for any, given e. ?Fireencer x pe+bd? 2. Avaaya Daily charge is IYS?r/ New Rr Fill he..daily a of each is a em of your account t balance of itc balan segmteaa of aver sa (e.g., cesn advahu, purchase, q= 1r =end )pedal purdhaw) by the caroepondkg daily pedodc meth art tw been previously disclosed to you. At the and of each d yduring the tlNng period, sea apply the daily Paiaalc rats for each REV."" f ce a eadr Then a tlos aM of the tigang period, we add up s a m charge, rWY rclmxaNrs to arrive at your periodic re si horn each ras firt tT veaagnxm. W?a,WtM Anna merge for you account. To gm the dally hot- for each esgrnent of yow accocrm, use cake cis Deg Z balance 1st esdc aeynent and add arty rcevv trorwctlane and s y pedodo Ar err ea dirge calrxxa[ed m the pmvlow day's balance fen that sagmem. Ws then anberoot ny pa=0 =d. 0 poalad a of tlat Ny the am elbcmed to that fes as w Ute aeparsta Nay balance for each saynak of =;=p However, if you psd the Now Balance shown ow staarhent in kra (or if your new Wants, vros zero a e credit amain), new traraadian which post ro yaw pudase or apanN p balawcutncest- seylrrrbm FIX, , a Menu all ur ed the the thanes together r and doing the stn by the uof number to the Nye In b Ow Yne arras 6aNrng cable. To calculate your total finsroca charge, rmltlplyy yaw eversge d0 balance byy Ube do periodic nets and by the rambar of Nys In the b king period. Due to rorroding on a datY bows' there may be a alight "deuce between this calab ion ono the amaaa of finance drape actuary sssd. b. If der code Z or N appesn n the ham of the statement next to 'Balance Rea Applied TO,' vie multiply the ===' aymensf you max tow will be cracked to Yau account es of the business day vat receive it, provided (1) you sad the bottom portion of this stetemaa and your dock b for envelope eM (2) your payment Is received In our roaaNrg comer by 3 p.m. ET 112 noon PT). Please allow a last five (5) bushes Nye for poaa doll ry Paymama received by ua at any other butln er a sty atlar bon may root ere credited as of the Nr we receive them. Our busks) Nye am Monday through Saturd. esluafrg hdideya. Plea N net use aaples, Irper rips ac. wFcen prepairg you peymera. When Your sets w a dsckls), you autloize w ro make acne-Oche 4=1-k trarofer debit tram your bank accdas fw We emoum of me dtxk. This melho adan apexes to tl deck. seared dump der billing cycle even if sent by someoro elae. If grocer the tranhr, you sutlwrize w to .it. s charge against you bank account using the deck a paper draft or other tan. VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs ORCHARD, JODI L 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, UVONDA BROOKS, Authorized Agent, of CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank, Plaintiff Herein, that he/she is duly authorized to make this Declaration, 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 belief. UV NDA BROOKS Notary Public 5178052438139947 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. v c? TI I'D , y Y .O V;_ SHERIFF'S RETURN - REGULAR CASE NO: 2008-03926 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK (USA) NA VS ORCHARD JODI L KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ORCHARD JODI L the DEFENDANT , at 0012:56 HOURS, on the 12th day of July 2008 at 5925 HUNTINGTON COMMONS ENOLA, PA 17025 by handing to JAMES F ORCHARD FATHER IN LAW OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.00 Affidavit .00 Surcharge 10.00 .00 //S/0 P ?+^ • 42 . 0 0 Sworn and Subscibed to before me this day of , So Answers: R .' -Thomas Kline" 07/14/2008 WELTMAN. WEINBERG & RRTS By: A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. No.08-3926-CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT JODI L ORCHARD Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban WELTMEN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR#5658448 $1,374.35 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. JODI L ORCHARD Defendant Civil Action No. 08-3926-CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: WELTM,?N, WEINBERG & REIS CO., L.P.A., upon the consent of the parties. CONSENTED TO: By Kindly enter Judgment against Defendant, JODI L ORCHARD, in the amount of $1,374.35 plus costs, based for Plaintiff WWR#5658448 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 08-3926-CIVIL TERM JODI L ORCHARD Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, JODI L ORCHARD, above-named, in the amount of $1,374.35 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $1,374.35 with continuing interest thereon at a rate of 6% per annum plus costs from Date of Judgment. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, JODI L ORCHARD, in the amount of $1,374.35 plus continuing interest thereon at the rate of 6% per annum from Date of Judgment and costs. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $80.00 due by August 25th, 2008; (b) $80.00 due on the 25th day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "CAPITAL ONE BANK (USA), NA." 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 1400 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. ,ll 9. Intending to be legally bound, the parties set their hands and seals this _day of , 20 WEL N, EINBERG&REIS CO., L.P.A. W By: Matthew D. Urban WELTMEN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR No. 5658448 By: o ti? z ? 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 08-3926-CIVIL TERM JODI L ORCHARD Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ment was entered against you on qlbq OR (xx) Assumpsit Judgment in the amount of $1,374.35 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary JODI L ORCHARD 5925 HUNTINGTON COMMONS ENOLA, PA 17025 By: PR ONOT EPUTY)