HomeMy WebLinkAbout08-3935
IN THE COURT F COT't.rON PLEAS GL' C riti???- ?,1I?. COUI?i?'?', i3ri?.I7?'vI G'F??aI .
CAPITAL ONF' 13nr1K (USA, , N,+
Pi aJ.ni-- if V0.
LISA BEE CHER
AKA LISA L °EFCTIEl
De f eadarit
T?D 08 -.3q5.5 l-Avi I Ter fA
?:"OMPL I T IN CIVIL ACTION
FILED ON BEHALF OF
PIair.t-.iff
COUNSEL OF RECORD OF
THIS PAPTI';
Urba.r. -
r,,rE'.:'.('i`,AN,. WEI.NBERG ri REIS CO. , . P. A.
.4-316 Severlt r Avenue, S,..i to 2.400
T'ittsburgh, FA 15219
(41 2) 434-'7955
FAX: 43.38-7 1:30
0666-0..5 C N Pit SM-1
IN THE COURT oF COMMON PLEAS i f
CIE NiT T _K T -z- C, N,
CAPITAL ONE BANK (USA), NA
Plaintiff
vs. Civil- Action No
LISA BEECHER
AKA LISA L BEECHER
Defendant
COMPLAINT AND NOTICE TO DEFEND
You have been sued in court. If you wish to de.fenci against the
cla:i.ms set:. forth in the fol..lcv1 i nq pages,, you must talkelact-0nwithin,
twenty (20) days afiter thi.s c?T1pL:>.i-r_t and ==ice are served, by entering
a written appearance persor:a11y or by an attorn.ev and f i.l ing in writing
W" h the court your defenses or object7_c;ns to the cl.aims set forth
against you. , You. ai:,e warned that it. s,ou -Fail, to do, sp the case may
proceed without you. and a jud?:nerlt riay. ?'exit.ered aainst 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 ii,i ort:,a.nt to you.
YO J SHOULD 'FAKE THIS PAPER 'r0 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 C1%N.GET.LEGAL HELP.
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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR.ASSOCTATION
32 SOUTH BEDF(.)RD STREET
CARL!SLE,. P.X 17013.
(7.17) 2x9--3160.
1 . Plaintif f, CAPITAL ONE (,:.JS ) , 2,14 , a corpora.t:,_e)a with
offices at 15000 CAPITAL ONE DRIVE RICHMOND , `JA 23238
2. Defendant is adult indiv 3 dui 1 ; s; re: iding at the address listed
below:
LISA BEECHER
515 S WEST ST APT B
CARLISLE, P2i 17013
3. Do el:i<Ya.-'tt 3.r)pl ..:' for and 7"'''CG.11 ?( a card be.;,,-.i :,:ig t::ht.
4. Defendant made use O? . 'd, credit card, and has a .cuirent balance
due of $1404.41 as of May 09, 2008
5. Defendant is in default by failn.??. t;o make.month].y .paymens, when
due_, As such, the entire balance is immediately due and payable to
Plaintiff..,
6. Plaintiff is entitled to the addition of interest at the rate of
27 . 600 o per .annum on the.unpaid_ balance from.;May. 09; 2008 .,A-copy of
Plaint:iff's OTATEMENT,is,,attz).(.,he.d.,heretC,, marked as Exh-Lbit I'll, and
made a x%art hereof.
7. Although repeated1v request. -!6. by P-1-aintiff, Defendant has
willfully failed and/or refus< d pay i--he .balance d, .,-e to Plaintiff.
Wherefore, the Plaintiff prays ?c2' judgrnei.t in its favor and
against Defen ant LISA. BEECFIER 1NDIVI1. IUALLY' 'n ti;E' amount of
$1404.41 v?itr ccrit:irui-ng interest thereon at the rate of 27.6000-. per
annum Lrom T?I...y 09, 2008 plus costs.
D att. ew 0. Urban - -^-- - YT
IKE THAN, WE.CNB RGs & RFa7 CO., L.P.A.
'j S
436 Seventh Avenmc, Suite 7.400
Pi_t`sbt'<r'cjh, PA 15219
434-7953
FAX: 412-338.-7130.:
Otiti6.`-01 r C N PJ ;. SM i
This 1dw firm is a debt collector attempting tocollect-this debt for
our -::. l ent. and any information obtained will be used for that purpose.
cat dit10 • NOT PAYING YOUR DEBT 500°13
what's in your wallet7* DOESN'T MAKE IT GO AWAY.
In fact, even if we report your account as charged off, you'll still be responsible
for paying your debt. So why not call us to see what we can do together to
keep you from receiving such a serious mark on your credit record?
We're here to help. Please contact us to
find a solution that's right for you.
You can make a payment with our jm check by phone service
or speak to an associate by calling 1.800.955.6600.
Make sure you call Or pay the amount due on your statement within 30 days to keep your acmunt from being charged off.
® 2006 Capita! One Services, Inc. Capital One it a frderally registered service mark. All rights merved 500013-08503
FINANCE
Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date
$1,075.64 - $0.00 + $26.23 + $43.00 = $1,144.87 $494.87 Oct. 08, 2007
rr.
Aug. 14, 2007 - Sep. 13, 2007 Page 1 of 1
PLEASE PAY AT LEM THS AMOUNT
MasterCard Platinum Account Your account is sic payments behind. K we charge off your account due to late payments, we will report the
5178-05142168-0811 charged-off status to several national credit bureaus, and the Purchase APR as reflected on this statement will
be applied to all your outstanding balances. Act now to prevent this from happening. Please pay the amount due
Your Account Information on your statement or give us a call at 1.800.955.6600. Well work with you so you can take control of your
account and start rebuilding your credit with Capital One.
TOTAL CREDIT LINE $650.00
TOTAL AVAILABLE CREDIT $0.00
CREDIT LINE FOR CASH $650.00
AVAILABLE CREDIT FOR CASH $0.00
Finance Charges (Please see reverse for important iniormatbn)
Balance rate Periodic %ring FINANCE
applied to rate APR CHARGE
Purchases $1,097.13 0.07712% D 26.15% $2623
Cash $0.00 0.07712% D 28.15% $0.00
ANNUAL PERCENTAGE RATE applied this period: 28.15%
® At Your Service 1.800.903.3837
To cal Customer Rdakns or to report a bat or stolen card:
® Sand payments to:
Capital One Br* • P.O. Box 711884 • Charlotle, NC 28272.0114
A Surd inquiries to:
Capkal One - P.O. Box 30285 - Sal Lake City, UT 84130.0285
® Have a question about a charge on your statement?
Please refer to the Billing Rights Summary on the back of
your statement or visit www.ceo8abns.canydisades.
'Important Notice" Under the terms we previously disclosed to you, your account is now eligible for an increase
in Annual Percentage Rates (APRs) effective imrteddely. However, Capital One has elected not to raise your
APRs at this time. Please be advised that If you fail to keep your account in good standing, Capital One reserves
the right to raise your APRs in the future.
Payments, Credits & Adjustments
Transactions
1 07 SEP PAST DUE FEE $39.00
2 13 SEP CAPITAL ONE MONTHLY MEMBER FEE $4.00
EXHIBIT
l
Your account is 90 days past due and your PaymuR con
your Payment Protection agreement your coverage and monYAy, dlerge will be reinstated once your account is
m longer 90 days past due. You may still be eligible for benefits to be paid to your account for lose events
described m your Payment Protection agreement. Call Slonebridge Benefit Services at 1 88.527.6904 to see it
your situation qualifies for benefits.
You were assessed a past due fee because your minimum payment was not received by the due data. To avoid
this fee in the future, we recommend that you allow at Wt 7 business days for your minimum payment to reach
Capital One.
6056 506 - 1 07 13 070913 PAGE 1 of 1 OIDM6056
PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE
5178052421688611 13 1144870088750494875
Cw8wow I what's in your wallet?'
New Balance Minimum Payment Due Date
$
1,144.87 $494.87 Oct. 08, 2007
F
PLEASE PAY AT LEAST
THIS AMOUNT
Amount Enclosed
Capital One Bank
P.O. Box 70664 Iala1 1101811011ara1 111
Charlotte, NC 26272-0664
1loll Iloilo aIIII11aI111u1111111ta6111111 111 11 111111111 1111a11
Account Number: 5176-0524-2168-8611
Please print address or phone number changes below using blue or black ink.
Address
Home Phone Alternate Phone
Email address Q
#9025704828405521# MAIL ID NUMBER
LISA BEECHER
535 S PEST ST APT 8
CARLISLE. PA 17013-3644
rarlllaralllaa1111111111aadLlaaLd11LIarILraId1111arL
Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope.
LISA BEECHER
1. Novo Avoid a Finance Charge.
t e. Oran Period. You will have a mlmmun grace period of 25
deya without bourn type on rave prehrss, new
balance t- too . now spacial pauses and nw other
ehrpes l you pay yourlatsl'flew Basnee•. n
accordance with the Important Notice for payments
below. and in Nov for to be reedited by your payment
due does. There is no gran period on cede adwnces
and special asnake s. In aodllan, tire is ro grace period
n any Iensetim Ifyou do not pry the tots) •Nw
bWna.'
b. Aeendng Fnseee Charge. Transecdo s which ere not
rrysd k a gran period ae essssesd Apra charge i)
Ian the data des transition a2) lirren the data the
bvsedian is processed 1. your Account a 3) ken the Fed
calendar day of the aarae big period. Additionally If you
dal ncr pay the New Behnke' From the p vkrs big
period in full.thhrhn charges continue to accrue to your
unpaid bolarlsa until the unpaid balance is paid in ful. This
mew that you may sal owe finance charges, eves a you
pay the erode Nw Bounce indicated on the tors of your
stateroom by the payment doh data, but do not m an for
ar Prwbes norM. Unpaid barn charges era added to
the applicable segment of your Account.
t c. Holman Fkrmes Charge. Fr each big period that your
account is subject te a Msnce tinge, a mimmum total
FINANCE CHARGE of $0.50 VA be MVWW.
t d. Ternpoery Reduction I. Rococo Charge. Wk reserve the
opt te not assn any or of kharru charges for any given
b*V period.
2. Ahuorage Daly Billerica &aoluding Now Purchases).
Fnerece charge is cWmdeW by mlliplying the dry balance
of each segment of your account (e.g., ash advance.
purchase, special taster, and special purchase) by tie
srempreMihp dry periodic, Mats(s) thal has been
previously dashed to you M cis and or each day du irv
the billing period, we apply its dally periodic rate for each
segment of your account to the day balance of each
sapnrt. Than at the and of the big period. we add rep the
results of thas , dally alaitvs to arrive at your pariodo
Mace charge for each segment. Via add rip the tack from
each segment to arrive at the total periodic fiance charge for
your aasurd. To ad the dally how= for each aapmem of
your acorn, we tells thel III ag balance for each
sapmertNO add any nawaaaadlons and any padodic
lnance cage coklteeed on the pnsdous days balers for
thel segment. Wes Man abbac &W polemeas or credits
podWmdtheldythatamaloratedlatmimMim This
gives ha so separate daily balance fr each segment of your
account However, N you paid the New Balance shown n
your pravlous awromwe In full (or If your new balance was
zne or • credit arrourd), row, t which post to
your purchase or apecial purchase segments era not added
to the daily bWncea Ws akWSte tie average dally
bdance by adding as the dally balarras together and
dkldng the arm by the number of the days in tin curvet
bing cyde. To mkaAW your total frarnn charger, muMply
your evrage daily balance by the di ly padodc rod and by
tin muber of days in the billing period. Our to roualip on a
daily bask a due to minimum finerhce charge aeaesement,
them may be a violence bill~ this calculatin and the
amount of fiance charge achWy assessed.
3. Annual pereaaataga Ross (APR).
a. The tem'Annual Percentage Rafe' my appear
as 'APR' on the tom of this statement
b. If the code P (Quarterly Print). L (Ouanry LIBOR), C
(Quarterly CO), or S (Bvtkad Pmns) appears on the front
of this M&WnWt nod to tie periodic rste(s). the periodic
rates and corresponding ANNUAL PERCENTAGE RATES
may wry gunriysed may in- or dacrasee based n
the steted irhAioan. es fonds The Well Street Journal. piss
the margin prowou ly disclosed to you. These changes rill
be emsoke on V. hat day of your bang prod mwred by
your perlodc statement ending in the months of J nuery
April, July and October.
d. If the .it. O PA.My Rime), F (Mainly LIBOR), or O
(Treasury LIBOR) appears on the ken of your donannent
roe to the periodic rW(s? the periodic mice and
corresponding ANNUAL PERCENTAGE RATES may wry
monthly and cosy aoresas or cheer hued - the tested
indbss, u found In The Wall Shut Journal, par the
margin pMewahsty, ddisclosed to you. These dh i ges will be
seesaw on the last day of your blleg period each manor.
4. Anwoulmd of Las. Ov~ and Ratio Payment
Feu. Under the tams of your c slaw agrarrsM, we
rouse the right to wain or not to &NUe ay hoes without
VW notification to youwNteo tweMhgourdgtto mesa its
serneor simirfees ats stemma.
t 5. Rrsaa. Your Account. If a membership tee appears
on the front of your atstenrrnt you hove 30 drys from the
date Wes alalemrn aas coded m you to avid peft de
fee or b tae such be ae I to you it you daneN your
amount witot hang to fay the membership foe. To
cancel yaw acmud, you mat notify a by citing our
Customer Raleaore Dopoddiv rt ond pay your 'Now
BalriW in Ads (esd u*V the merrbemNp fee) Prior to
its rd of its tN*day period.
S. B You Clop Visor Account You can request to dome your
lorout by calling our Customer Relation Department You
must dpboy your credit artye) and arrant areas tladls,
anal al preautmriatl baying and owe using your amount.
After your request to clap. B you continue to trimmed or do
not anal ppuhMyed MBreg armrgsnans, we wail
consider recalls of a doge your sudsrbadn to keep your
account open. Additionally, your acmuM will not be dosed
uHti you pay ed amounts you cars us including: any
transaction you have sullorbed, Monte cages, paw due
fees, overYmt lees, earned payment Ives, cash advance
fees and any other fsp -.snit to your account You are
responsible for these annanta at.*- they appeor on your
amasd at tin am you request to clam the account or they
am tamed subsequent o yon request to dose their scootirs.
This may result In dwgp eppserfrg on your account after you
hew requested the amoam to be dosed.
7, Using Your Account Your card waccount cannot be used in
oannarfiao with ay Internet gam" framosts".
S. Nosin Mess Eteeroek Check Conversion
When you prsvlde a dock so payment you authwin us
essr to use information from your duck to mills a ona-sm e
.lash and And transf rtan your bark account a to grosses
the psymas n a duck transaction. Winn we use
adrmaaom ram your duck la make an W cbw k fund
transfer, funds may be withdrawn from your bank aCCanM es
eon se the sere day we raoshe your psyniaV, and you will
not mot" your dhefk back son ywrtasmsW evaWdon.
BILLING RIGHTS SLNMARY
(In Case of Eros or GY some about You Bit)
it you than your bill is wrong, or If you need more ksometlon n
a transaction or hill. writs to es an a aeI shear as son as
possible at time address for dial ies shown on go front of this
stamen[ We must her from you no hoer tun SD days ter we
serM you the tM bin n mttch the err a problem appeared. You
nn CO our CUMMM Ratstloru number, but doing fro will not
pmaave you rights. In your me.,, ON. n the folcsag
Information: your faro ad annum number, the dollar amass
of 1M suspected error, a description at the error and an
explanation, a possible, of why you believe there Is an error, w it
you need mac dw n0-. a description of the it.. you are
unsure abet Ym do not have to pry any amount in question
while we ors knmWyMmg it, but you are all! obligated to pay the
pare of your bill that am not in quaWn. While we Investigate,
your rpreshah, M annot spat you as dirkryat a lake any
action b culled the amount you question.
T, t Spatial Pont for Credit Cord Purchases
y you have a pmblan Min the quality of property or aavins that
you purchased wino a credit ram and you haw bbd n pool forth
to owrW the probes. with it merctenht you may here the film
not to pay the muwk*g amount due on the property or services.
YM have this proleclon only when the purchase price wes more
than $50.00 and the purchase was made in your hula stets a
within 100 mites of your memo address. Qf wo want a operate
the mordsM, a l wo meant you tie advamaamet for the
property or services, all purchases are cowed regardless; of
amount r 1, , 11, f1 of purchase.) Plaass remember to sign all
cwmWondasa.
t Dina not apply An consapr nab-reedy card accounts
t: Ones notappyo business non-crack ad accounts
Capital One supports information privacy protection: see our
wobalY at 7lseyg .
Capital One he a federally registered serMa mark of Ceptia! One
Financial Corporation. AN rights reserved. 0 2DOS Capital One
01 DMWW - 1. 04/1 D107
anpartrt sues: Payments you coal b te will be eadisd b yaw aaasta aids arrest day as none It podded (1) you and Be
bosom pln alai alernnrt and your dock In Its andoatl mnft lsemerge and (2) you pMhad is salad nor par, clser
by 3 pm. ET (12 non PT). Pilots dw at Wort Bit (5) lodes din for pork! dray. payments wished by or w off door win
ley odrfilm may not be ctltsd as elite day we moth arm. Or bottom dye we Mordy lragh Sla day. esadtg hobdeys
Pkre do not can aside, Mw dips, at. who P'Pasg yon payment
VERIFICATION
CAPITAL ONE BANK (USA), N.A.
vs
BEECHER, LISA
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, TRACY TAYLOR, Authorized Agent, of CAPITAL ONE BANK (USA),
N.A., 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.
- 2? ?
TRACY tAVLOR
Notary Public
tads
5178052421688611
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
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ED
44
C',
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-03935 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK USA NA
VS
BEECHER LISA AKA LISA L BEECHE
MICHELLE GUTSHALL
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
BEECHER LISA AKA LISA L BEECHER
was served upon
DEFENDANT
the
at 0014:10 HOURS, on the 9th day of July , 2008
at 515 S WEST STREET APT B
CARLISLE, PA 17013
T Tf'T T)T1T1r1TTr17-)
by handing to
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 5.00
Affidavit .00
Surcharge 10.00
.00
33.00
Sworn and Subscibed to
before me this day
So Answers:
IV.r T omas K in
07/10/2008
WELTMAN WEINBERG & REIS
By:
uty Sheriff
of A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA) N.A.
Plaintiff
vs.
No. 08-3935-CIVIL TERM
PRAECIPE TO DISCONTINUE AND END
WITHOUT PREJUDICE TO REFILE
LISA BEECHER
Defendants
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#06665015
N
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA) N.A.
Plaintiff
vs.
LISA BEECHER
Civil Action No. 08-3935-CIVIL TERM
Defendants
PRAECIPE TO DISCONTINUE AND END
WITHOUT PREJUDICE TO REFILE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
SIR
Discontinue and End the above-captioned matter upon the records of the Court without prejudice
to refile and mark the costs paid.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: _ L??
Attorney for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06665015
SWORN TO AND SUBSCRIBED
before rr?this day
.y
My Gornrni ::on v 4, w'09 I
Member, P c,. w o f is n of .V
g.t
:jr
tom;
n.+
CD,