HomeMy WebLinkAbout08-4017I TTIE COU ZT. :)F '""MIZON PLE?kS O_ii CUMBE LAIRD COUNTY, PENNSYLVANIA
.. A. V'TL DIVIS IGN
T
CAr:II'Aa: 0 ?`7:r i_i?'K (USr? ,
V3.
TYA'IT A A HILLS
Defendant
No. C v I 4e- A
1.. O:"1L 1:AI.i?7 f. i. ill I.IVI?J !l(- - }ilk
FILED ON BEHALF OF
Plains-- i f f
COUNSEL OF RECORD OF
THIS PARTY :
Ja.mtes- C. Tla.rmbrodt, 4: 524
WELTINM , WEINDERG R17,1;S CO. , L. P . A.
43?: S<<,:?:r, -Avenue, Suite 1.4400
P=ctsb._rcg_h, PA -1-52.1.9
(,=12) 43-11-75,55
T-`A.X: 412--138-7130
0667712E _ N Pit JM L
IN THE COURT OF (?CNMCI`i PLE.PS 01?' M31 T.Lr,ll COUNTY, PEI3N1"YLVANIA
c l,;111, D-J-71ST_CN
CAPITAL ONE BANK (USA), N.
Plaintiff
VS. !'ivi.l x.ct ion No 0 _ q6 7 G rJ? 1 -?C<M
TYAUNI7A F HILLS
De f endan.t
COMPLAI=NT .? IIP NC`.I'ICE TO DEFEND,
You have been sued in court. If you -vvish tc? defend against the
claims et forth in the following pages, you. must. take action wichin
twenty (20) days after this complai.-.t and 17.0tice are served, by entering
a written appearance personally or by an atc.orney and fi.l.ng in writing
with the court your d.efen.:es or o; l ections to the claims set for+-11
again&t yoc__ 'Y'ou are warned that -!-J. You f?zi1 to do so the case may
proceed without yoij aTid a J udg- enL may be E::itered against y: a by the
court. without. further nrt .L- ? is^r wrti iitc,ney claimed in the 'c'o6pl- int or
for any other claim or relief :-requested bl the plaintiff. Ycu may lose
money or n.roperty or other. rig ht.s important to you.
YOU SHOT.ILD. Ti-K.E THIS PAPER 'O Y010R. I,.Y.^. i''ER ',AT ONCE. IF YOU DO NOT
HAVE A .L•AWI'ER Ok CAN14OT AFFORD ONE, GO TO O-A TELEPHONE THE OFFICE SET
LEGAL HELP.
FORTH BELOW TO FIND OUT WHERE YOU CAN GET T
IF YOU CANNOT AFFORD TO HIRE: A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE; YOU WITH INFORMATION ?iBorTT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED IF:rE OR NO FEE.
LAWYER RT'FERRAU SERVICE
CUMBERLAND COUNTY•BAR AS.S.OCIATION
32 SOUTH BEDFORD S'PIREET
CZ?RL:?SLE, PA 17013
(,17). 249-316E
1. Plaint-i_ff, CAPITAL ONE BAN'S (USA) , N. is a corporation with
offices at 15000 CAPITAL ONE DRIVE RTC'HMOND 23238
2. Defendant is adult individual(s) residing at the address listed
below:
TYAUNNA A HILLS
2209 CEDAR RUN RIVE #rG
CAMP HILL, PA 17011
3. De.fendanc applied for and received a cr -dit card bear.-:ing t lie
account number XX XXXXXXXXyXXXX4079
4. Dei Qndant made use of sai d..credit card a<'_d has, a .current balance
due of $1968;56 as.of May 21;. 2008
5. Defendant is in default by failing to make monthly paymenvs.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
19 . 30.C a per annum on the unna_ id balance froTp,May 21, X008 A. coby of
Plaintiff's _ST.,!%TEMENT is attacbed hereto, r:,arked as Exhibit "1" and
made a part hereof.
7. Although z.-tpeaLE'..;l,v- requus; "d C d r.5 .-o i7}! 1',,Iai1tiff, Defendant has
willfully aile(? and/or re.fu:,&.`-, t,:D ay the bsl.a-xe due to P-11aintiff.
Wherefore, the Plaintiff rrays for ,ju Igrrent in its -favor and
against Defendant TYATJNNA A FILLS INDIVIDUALLY in the amount of
$19613.56 with r_.ontinu ng interest thereon at the rate of -9.300= *acr
annum from May 21, 2008 plus c sta.
James-- -- armbrodt, rx2524 ---
ygr'LT . ;N, FTNBERG & REIS CO., L . P . A.
436 S v:nn h A,,re uc, Sui.:;e 1400
Pitt. bUr PA 15%:1.9
(411.? 13 -7955
1"17x 43_ _- 338-71.30
nrE7 .".' C N Pit 1,01
Th-is _La fj:rrn is a der•t col]-eetrr ;.?tte ?T?
- i! to c o j 16c' r- ;-iiis debt for
our client and any information ob-cair. ? wil II be use( f, cn° that purpose.
capital0ne• NOT PAYING YOUR DEBT 500013
what's in your wallet?• 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 ¢= 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 account from being charged off.
® 2006 Capital One Services, Inc. Capital One it a federally registered service mark. All rights reserved 500013-06503
FINANCE
Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date
$1,599.23 - $0.00 + $27.25 + $74.00 = $1,700.48 $1,400.48 Oct. 12, 2007
Aug. 18, 2007 - Sep. 17, 2007 Page 1 of 1
PLEASE PAY AT LEAST INS AMOUNT
Visa Platinum Account
1882-$87143914079
Your Account Infomlation
TOTAL CREDIT LINE $300.00
TOTAL AVAILABLE CREDIT $0.00
CREDIT LINE FOR CASH $300.00
AVAILABLE CREDIT FOR CASH $0:00
Finance Charges (Please see reverse for important information)
Balance MW Periodic Correring FINANCE
applied to rate APR CHARGE
Purchases $1,005.67 0.05425% P 19.80% $16.91
Cash $614.55 0.05425% P 19.80% $10.34
ANNUAL PERCENTAGE RATE applied this period: 19.80%
® At Your Service 1.800903.3637
To call Customer Relations or to report a bst or stden card:
® Send payments to:
Capital One Bark - P.O. Box 70884 - Chailo te, NC 26272-0884
A Send inquiries to:
Capital One • P.O. Box 30285 - Salt take CRY, UT 841N-M
® Have a question about a charge on your statement?
Please refer to the Billing Rights Swnmary on the back of
your statement or visit wormy.caphakinexpirridiscules
Your account is six payments behind. If we charge off you account duce to late payments, we will report the
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. Ad now to prevent this from happening. Please pay the amount due
on your statement or give us a all 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.
'Important Notice- Under the terms we previously diadosed to you, your account is now eligible for an increase
in Annual Percentage Rates (APRs) effective immediately. However, Capital One has elected not to raise your
APRs atthis time. Please be advised that I you fall to keep your account in good standing, Capital One reserves
the right to raise your APRs in the future.
Payments Credits & Adiustments
Transactions
1 11 SEP PAST DUE FEE $35.00
2 17 SEP OVERLIMIT FEE SEP 17, 2007 $39.00
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 Dtat you allow at least 7 business days for your minimum payment to mach
Capital One.
DWB?
6056 506 1 07 17 070917 PAGE 1 of 1 O1DM6056
PLEASE RETURN PORTION BELOW WRH PAYMENT OR LOG ON TO wWw.cAPRALONE.COM TO MAID: YOUR PAYMENT ONLINE
0 4862367143814079 17 1700480010001400481
Caplla 0m,I what's in your walW Account Number. 4862-3671-4381-4079
New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink.
C$1,700.48 $1,400.48 Oct. 12, 2007 Address
PLEASE PAY AT LEAST Home Phone Aftemate Phone
THIS AMOUNT
E-mail address @
Amount Endosed
#9026264133649742# MAIL ID NUMBER
TYAUNNA A HILLS
2209 CEDAR RUN DRIVE EXT APT 6
Capital One Bank I.I..I.rIr11..1..1.1.1 CAMP HILL, PA 17011-741.2
P.O. Box 70884 1111111 11 111114 11 11 11111 III III I II II 1Il1111111111111111.1111111
Charlotte, NC 28272-0884
111 1.1 1 1.111.1,1111.11111111.11111111..6.I..1111 1..I11 1111111
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.
TYALINNA A HILLS
1. Nakr to Avoid a Finance Charge.
t a. Gress Period. Vou will have a mini n im grace Period of 25
days without *a- deep on row purchases, new
bsenco traaten. new special purchases and new other
charges l you pay your Wall 'Now 8earme. In
accordance with the Imporard Notice forpsymarb
below, aid In tkm for It to be aodled by your payment
due data. There Is no Wake Pfd on ash advances
and special transfers. In sodBom taro is no grace Period
'New
on any haseacnon bye do not pay the total
I'll..
R Accruing Finance Change. Transactions hatch arm rho
t fi
t)
ham the dab after berveslivh or 2) from ft dab the
transaction is Processed to yon Amount or 3) horn the find
calendar day of the agars billing Period. Addgornly, If you
did not pay the "Now BalskoW from the previous billing
period in full, Inarhca chases continue to accrue to your
unpaid Merge Led the ahpold bmare is paid in Out. This
msers that you may 60 over bhrha on*", "van IF you
pay to ange New B"M YMkaad on to front of your
elalemsnt by me payment due tae, but old not do r for
the feevba month. Unpaid finenca dages are added to
the applicable segment of your Acciourit.
t e. Minimum Rance Charge. For each big period the your
MCCOM Is alb)sd to m bmnerha charge, a mintrraim total
FNANCE CHARGE dS0.50 wi ha im I .
t d. Temporary Reduction in Finance Change, Via reserve the
right b not Soma any or al finance charges for any given
bWgpwW.
2. Average Deily Belence Ors: g Now Purchases).
Firers carte Is calodWd by multiplying the doily bO n
of each segment of your amount (e.g., ash advance,
p arc hene, rpacsl trarsfa, ad special) Purchase) by the
carapeMaro daily pafada shie(s) that has been
previously disclosed to you. At the Mid of each day during
the Willing period, we apply ft daily pedodlc raft for each
sagmrs of your smarm to the day belanca of each
segnMrht Than at the and of to big period, we add up to
reads of tines day caladmbm to arrive a your periodic
anaha charge for each seWmm. We add hp the results from
each rgrnera to anlve at the used periodic row charge for
youracreuM. To gat M day balance for each seWnMnd
your smart we take the beg re ng balance for each
segment and add My MAN VW dAMa Ma any pMkbdio
flnarm mhage akaASted on the Vwvkus days balance for
tW aegrra yea than Mueaed any p rymade or credits
posted a of that day that ere .loathed to tut segment. The
lines us the sopearobe dolly bslsr= foresch sagnest of your
acorn n. However, If you paid to New Bsience shown on
your prevlmue aaement in full (or IF your now balance, was
are or a credit erred), now summations. which post to
your purchase wspecial purchase eaprneras w not added
to the dally balances. We CMWaa the average doily
balance by adding all the day balances; oogetlr and
dividing the cum by the amber of the days in the ourrent
billing cycle. To cakvl.e your used finance large, multiply
your Message defy Mona byte dilly Pedodk role wed by
the member of days In im bgeg period. Due to romdhp on a
day bask or due b n*lkrm Ilnare charge agoess ant
two may be a vartenca between this coleulaion and the
amount of Biker" cargo aeLwly assessed.
3. Annual laaeeesage Races (AM
a. The Mom "Annual Plareentage Rate" may appear
as 'APR' on the from of to statement.
b. d the code P (Ouamaily Primal L (MMWIy LIBOR), C
(Ouaeriy C% ore (B.hirmard Prime) opprrs on the from
of this statement next to the perbdb rate(s), the periodic
raft and maropordnp ANNUAL PERCENTAGE RATES
may very quarry and may InveMes or decreer bated on
the swe d indicas, as toad in The Wall Based Journal. due
tine nwgn previously disclosed to Ym. Thar chop" will
be effective on to that day dyer Willing pried covered by
,
your palace stsemmnt adng in the months of January
April, July ear October.
a If to code D (Monthly Prim.), F (Monthly LIBORI or G
Mooney LIBORyappaers on the from of your armament
mid to lho periodic rae(sl to periodic raise and
corresponding ANNUAL PERCENTAGE RATES may very
monthly and may noraeasa or decrease based on the stared
indices, Me four in Th. WWI Stroad Journal, plus the
margin previously disclosed to you. Thar dhng"s will be
attache on the first day of your big porlM web mat.
4. Aeeeeemad of Lae. OwrarnN and Returned Payment
Feces. Under the tomm of your aWmar epreer ent, war
mates tha right to Mtn or not m Armes any to" without
priorrhog csomte you salhorawwivig ourrightte ass"" der
am* or eniterbasme lmwwm.
t ae30
your gawneM. you rMw days
the front of
on
dare the sMftffaM was mated to you No avoid paying to
fee ato have such Mor I to you if you conical your
&occur& witout having to pay the monflooddlip fee. To
cancel your so melt you and nobly us by COMB our
Custom RaWkm Department and pay your 'New
Balsa' In full (excluding the rmmbershb far) Prior to
the mid die thiriyWay period.
6. N haw Cbea Your Amount You can request to dose your
arced by calling our Customer Relations D"peMart You
must destroy yaw credltCordial and account cocas dada,
rahost all m wthrzed biting Md Casa wag your am unt
Alter your request to Clow, 0 you continue to barred a do
not cancel peamadaed big arrangements. we all
consider raapt da charge your autlartratlm in keep your
amount open. Additionally, your amount will rot be dosed
until you pay all amounts you owe w mdudng: ay
transactions you have authorized. bnMhca charges, past due
fees, mvMlivit less, returned payment New, cash advance
fir and any dhsrfeet aseared to your accounL You one
responsible for thus amourds whsanr they appear w your
smout at the Was you request to dose the around or hey
am Incurred rbapusrt to your request to dose It account
This may result in clergies appearing on your account after you
have requested the soma" to be dosed.
7. UWg Yaw Account Your and or amount cannot be used in
oonnacbon vim arty lnemet ganbli transactions.
b. Notice About FJacoro is Chodt ConeaaloR
When you provide a chock as payment, you aumorW us
cuts to use information from your chock to mom a one-tone
di c ronie fwd installer from your bank account or to process
to paylw"nt as • chock transaction. VAW ws use
nleu MOM from your cock to make an elomenle find
transfor. funds my be WftW m from your bank amount as
sot as tie acne day we -.W your payment, and you will
nct mo.1ve your chooA book from yourtkencial I sgWtlon.
BILLING RIGHTS SUMMARY
(n Card Errs orGueaBOrs abour Tbur Bld)
If you think your bill In wmng, or It you need more information on
a transaction or bill, Welt le us on e separate steal as sour as
possible at the address for npunas shoal on the front dais
sWamnL We must has from you no lea man 00 days offer we
Bard you the brat bR on which the anor orpidift appeared. You
an cold our Customer Roki lcoa number. but daft r will not
preserve your "UMLL. In your later, We w the laldowaig
Inlomnason: your rams aM account number, the dollar amount
of the suspected amr, a desctpten of ma smar and an
eptemllm If possible, of hay you bake" mace is an amr. or If
you need moo ktcrmabon, a desimpbon of the tam you Me
umurs about You do not have to pay any amount in question
while wo as nhowIPOht 4 bur You we Mal obligated m pay tiro
pea d your bit that roe not In question. While we Invaslgme,
you question, war curet report you as dinghsn or tetra any
action to coved the aneuri you Modern.
t. t Special Rule for Credit Cam Purchases
If you have a pmblean with to qusby of Property or services that
you purdwad with a edit cad and you have bed in good both
to mad ft Woblam with to nerdaM, you may have the right
not fe pay is na nng atom clue on tha property orservi as.
You have the protection only whsn the purchase price was toe
ten $60.00 aM tie purchase vas made in your has stale or
within 100 mhsa of your mating adtlrese. Of M own or operate
tiro marohant or t we rtaiea you the atlwrsawnant for the
property w services, all purchases ere covered agadleea of
amount a location of purchase.) Placer Mors mber to sign all
correspondence.
t Does not apply to consumer noncadl card amounts
t Does not apply b business rr?oedlt card smourds
Capitol One supports information prnwty peoadion: was nor
wabWM ate.
Capital One to a federally registered service man of Caphal One
Financial Corporation. M ages rase wed. O 200B Capital Care
TCAB
alpmrfrt Nodw Pwpwb you mat e w wd be mdW la War KWld acts burasar tlay roe MM* t PMorbb (1) Yru Mara to
bcrNrn patbn MAIN alearlastam Warsuedehtla entlaat mlaorlw enesbpa tea RI Yoe PTru IBM . ampmo•M 0 cows
by 3 p.m. Er (12 tape PT). Rea" An M IrIM(S) Nedra drysfapc"ddmY. Paplbb I.Ohed by a M say stnu Maim cra
shy cttatmn mayW beaaia a die dyes much tan. Ow baasa drys m MmdlY tempi Saadry, Mmu*ig OddeYa.
Pleas do not use a"=, paper chp. ink. When phpr, your paynaa.
VERIFICATION
CAPITAL ONE BANK (USA), N.A.
vs
HILLS, TYAUNNA A
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, 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.
TRACY T OR
? /J??
Notary u is
Dudiev'i^-
Notary Public, Dekalb county, Georgia
My Commission Ex :res January 19, 2009
4862367143814079
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
D?
1
F
r
?
's
? ?
?6
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04017 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK (USA)
VS
HILLS TYAUNNA A
WILLIAM CLINE
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
HILLS TYAUNNA A
the
DEFENDANT , at 0011:20 HOURS, on the 12th day of July 2008
at 2209 CEDAR RUN DRIVE #G
CAMP HILL, PA 17011
by handing to
CHANEL HUEITT MOTHER OF DEFENDANT
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
Service
Affidavit
Surcharge
7f/
18.00
14.00
.00
10.00
.00
42.00
Sworn and Subscibed to
before me this
day
So Answers:
R. Thomas Kline
07/14/2008
WELTMAN, WEINBERG & REIS
By e
Deputy Sheriff
of A. D.
40, *
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), N.A
Plaintiff
vs.
TYAUNNA A HILLS
No.: 08-4017-CIVIL TERM
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
Defendant
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#6677128
""`*
T
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), N.A
Plaintiff
vs. Civil Action No.: 08-4017-CIVIL TERM
TYAUNNA A HILLS
Defendant
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
SIR:
Settle, 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:
Attorney for Plaintiff' /
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#6677128
SWORN TO AND SUBSCRIBED
before me this day
of WAV-ST / , 2008
NPTARY adbLIC
ce!VIN1214W : M ft?E^„ KNN YWANIA
Notarial ??el
Wsiynfl A, Jones, Neftry Public
CRY Of Pittsburgh, Allegheny County
My Commission Expires June 29, 2oio
Member, Pennsylvania Association of Notaries
?
3k. r7
C13 ?r... .~ ? Q
cri