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HomeMy WebLinkAbout08-4186IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL: DIVISION CAP-1-TAL• O:3E Bi i\£, (USA) I N.A Plaintiff VS. No: veL COMPLAINT IN CIVIL ACTION CHRISTINA CIERVO Defendant FILED ON BEHALF OF P1alnt:i.}f COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELT14P.- T, WEINBERG & REIS CO., L . P . A. 436 Seventh Avenue, Suite 1400 Pitts:2urgh, PA 1.5219 (,412) 434--79555 FAX: 412-338-7130 06664203 C N Pit TSW IN THE COURT OF COMMON PLEA OF 'COUNTY, PENNS"rL'7V1S..1IA. CIVIL DIVI ST01- CAPITAL ONE BANK (USA), N.A Plaintiff VS. CHRISTINA CIERVO Defendant Civil Action. No COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the clai.rr,s set: tcr.th 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 f.i.ling in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fa:i_l to do so the case may proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the complaint or fcr any other claim or relief reques.ed 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 TQ FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOIJ.WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAI ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 24973166 7. Although repeatedly requested to do so by Plaintiff, Defendant has. willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore; the Plaintiff prays for judgment in its favor and against 1?efendarit CHRISTINA CIERVO INDIVIDUALLY ,' in the amount of $1491.96 with continuing interest thereon at the rate of 27.6000 per annum from May 07, 2008 plus costs. James C. WarmnroaL,gznzq WELT AN, WEINBERG & REIS CO., L.P.A. 436 eve th Avenue, Suite 1400 Pit sbur h, PA 15219 (4 2) 43 -7955 F 41 -338-'7130 0 664 3 C N Pit TSW This law firm is a debt collector att . ting to collect this debt for our client and any information obtained will. be used for that purpose. CA capl"Wo. what's in your wallet?? NOT PAYING YOUR DEBT 5OW13 DOESN'T MAKE IT GO AWAY. in fad, 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 free check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you call our 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 is a federally registered service mark. AU rights reserved 500013-08503 FINANCE Previous Balance Payments 8 Credits CHARGE Transactions New Balance Minimum Payment Due Date $1,157.24 - $0.00 + $28.20 + $39.00 = $1,224.44 $724.44 Oct. 08, 2007 Aug. 14, 2007 - Sep. 13, 2007 Page 1 of 1 i PLEASE FAY AT LEAST THIS AMOUNT Visa Platinum Account 41862-3626,02,14-30911 Your Account Information TOTAL CREDIT LINE $500.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $500.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important informal'an) Balance rate Periodic ComespondIng FINANCE applied to rate APPR CHARGE Purchases $1,179.55 0.07712% D 28.15% $28.20 Cash $0.00 0.07712% D 28.15% $0.00 ANNUAL PERCENTAGE RATE applied this period: 28.15% Alh At Your Service 1.800-903.3637 To call Customer RelaWns or to report a bst or stolen card: ® Send payments to: Capital One Bank • P.O. Box 70864 - Charlotte, NC 28272-0884 Your account is six payments behind. If we charge off your account due 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. Act now to prevent this from happening. Please pay the amount due on your statement or give us a call at 1.800.955.6600. We'll 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 disclosed 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 at this time. Please be advised that 9 you fail to keep your account in good standing, Capital One reserves the right to raise your APRs in the future. Payments, Credits & Adiustments Transactions 1 07 SEP PAST DUE FEE $39.00 A Send Inquiries to: Your account is 90 days past due and your Payment Protection coverage has been suspended. As stated in Capital One • P.O. Box 30285 • Salt Lake City, UT 84130-0265 your Payment Protection agreement, your coverage and monthly charge will be reinstated once your account is ® Have a question about a charge on your statement? no longer 90 days pest due. You may still be eligible for benefits to be paid to your account for loss events Please refer to the Billing Rights Summary on the back of described in your Payment Protection agreement. Call Stonebridge Benefit Services at 1-888.527-6904 to see if your statement or visit your situation qualifies for benefits. You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allot at least 7 business days for your minimum payment to reach Capital One. 6056 506 1 07 13 070913 PAGE 1 of 1 OlDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE 0 4862362602443098 13 1224440100000724448 1i°r'•° one what's in your wallet?' Account Number: 4862-3626-0244-3098 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink. C$1,224.44. $724.44 OCt. 08, 2007 Address PLEASE PAY AT LEAST THIS AMOUNT Nome Phone Ahemate Phone -E-mail address Q Amount Enclosed #9025737724135438# MAIL ID NUMBER CHRISTINA CIERVO 130 INDIANA AVE Capital One Bank Irlrrlrrlrllrtlrrtrlll LEnOYNE, PA 17043-1406 P.o. Box 708114 IndlLrrlllrrrrLdrdlrrrrlLlrrlllrrrdLrrrlldLrrrrr111 Charlotte, NC 26272-0664 IrddlrrlrrddlrrrlrrlrllLrrLdrLrlrrlrrllrrlrrlrrllrrrll 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. CHRISTINA CIERVO 1. Hoar to Avoid a Finance Charge. t e. Grace Period. You will haw a minimum grace porbd of 25 day. without fir.- charge on new purchases, new balance anstera, new special purchases and new other charges II you pay your toW'Nm Balance, In accordance withthe important Notice for psymenb below, and in time for into be credited by your payment due dam. Them is no grace period on cash advances and special bounders. In amtbn, there is no grace penal on may transaction ltyou do not pay the toW'New balance.' b. Accruing Fkmnce Charge. Transactions which we not .W(ed to a great period ore assessed finance charge 1) from the dale BIM transaction a 2) from the dote the transaction is processed to you Account or 3) ham tie firs) calendar day of the current wag period. AmldaawN, If you did not pay tie Thew Balance from the previous wag period In fug, firms charges; continue to accrue to your unpaid baerrca will its unpaid balance is paid in full. This mss that you may will owe finance charges, even ti you pay the entire New Balance Indketed on the front of your statement by tin payment due data, but rid not do w for tie previous main. Unpaid fiance doges am added to the applicable segment of your Account t c. Wnlmurn Fkuns Charge. For each bldg period get your amount la -M m a gars Marge, a mlntmom total FINANCE CHARGE of $0.50 wk be a posed. t d. Temporary Reduction In Finance Charge. We reserve the right to nor same my or erg finance charges for any given billing period. 2. Average Doty Burns (lnduding New Purchamm} Finance charge a wasted by multiplying the daily balance of each segment of your account (e.%, cash adverad, purchase. special heifer. and special puidase) by tie corresponding daily periock tile(s) that has been preAousty disdowd to you. At the end of each day during the biting period, we apply the dally periodic ram for each segment of your account to the dally balance of each segment. Than at the and of the wag period, we add alp the resuM of these daily calculations to arrive at your periodic firma charge for each segment. We add up the msuts from eat" segment to ant" at tM total periodic (franca charge for your ac-.t To it". d.Ny balance for each segment I your account, we lake tiro beginning balance for each 5nana charge aWated on the pmulous days balance for dud segment. We,WM subsea any psynwfs or craft Pasted as of that day that am allocated to that aegment. This giwc us the separate daily balance for each segment of your sccount However, it you paid the Now Balance shown on your previous statement in ful (or If your new balance was tiro or a team amount), new bameachons, which post to your purchase a special purchase segments we not added to the daily baance$. We calculate the average dally balance by adding it the dally balances together and dMdrg the cum by the number of the days In the current billing cycle. To calculate your total finorrre charge. multiply yaw sweeps daily behind, by the ciaty periodic rue and by the number of days in tie bigrq period. Due to rounding on a defy beW a due to minimum fiance charge aseeaanwnt, them may be a variance between Ws calculation and the amount of finarwe charge actually ssesasd. 3. Annual Pa carfaga Rags (APR). a. The term wAnnual Pawrrtage Rate" may appear as'APR' on the from of this statement to. If ore code P (Ouederly Pdne), L (Quarterly LIBOR), C (Quarterly CD), or S (Bankc rd Prime) appears on the front of this statement nest to the periodic Mole), the periodic raise and corresponding ANNUAL PERCENTAGE RATES may vary quarterly and may Inaaus or decrease based on the anted radian, as bunt n TM Wall Strut Journal, pins tie margin previously diedaeed b you. These dogs will be afiactive on the firad day of your wing period covered by you periodic Namment ending in the months of January, April, July and October. o. if he code D (Monmly Prime), F (Monthly LIBOR), a G (Treasury LIBOR) appeva on the front of your statement nest to the periodic mor(e), the perfndlo raise ant axrasposing ANNUAL PERCENTAGE RATES may vary monthly and may naaess or decrease baud on the slated Indices, as found in TM Wail Street Journal, plus We margin previously disclosed to you. TMs changes w11 be effective on the first day of your bgeg period each mash. 4. Assessment of Late, Ovalimk and Returned Payment Fes. Under the tame of your aotoner aglean"" we mwma ft" right to want or not to saws any fees without prior noUAredon m you without within our fight to suss the same or simiharfes ate elerlime. t 5. Rarewng Yak Account If a membership fee appears on the front of your statement, you hew 30 days from the data the statement was mailed to you to avoid paying the fee a to have such fs credited to you k you anast your soomM without having to pay the membership fee. To carcct your account, you must notify us by calkg ace Cwtomer Relations Department and pay your *Nmv Balance in full (excluding the membership fee) prior to tie and or the thiny-dey period 8. If You Clow Your Account. You can request a dose your account by calling our Customer Relations Department. You must destroy your credit ale(s) and account assess Beds, caul at preaathano d blfing and osw using your account Ma your request to dose, It you continua to tranaaa or do not cancel Preauthodoed wing anangemants, we vat oorsbor racelpt of a charge your auherimtlon to keep your account open. Additionally, your account will not be dosed unit you pay all amounts you mw us inducing; any transadbns you haw authalood, financa charges, pest due feet, overlimit lees, resumed payment mw, cash advance less and any other ms assessed to your account You ore responsible fa these anounis vfsthor they appear on you account at the time you request to dose the account or they am Incurred subsequent to your request to dose the account. This may result in charges appearing on your account after you have requested the account to be dosed. 7. Using Your Acca nL Your card or account cannot be used in oonnecton with any Internet gambling transactions. & Notice About Electronic Check Conversion. When you pmvkle a chocks payment. You auhatre us otter to use information from your check to make 8 one-time electronic kid transfer from you bank accent a to process the payment as a check transaction. When we use information ken your d adt to make an electronic fund transfer, funds may be will~ from your bank account as soon es the same day we moat" your payment, and you will not receive yoor check back from your financial Msthi dm. BILLING RIGHTS SUMMARY (ln Case of Errors or Question about Your BE) bayou think your lot Is among, or If you need mom Information on a tnnsaaion, or INN, writs to la on a sepersm sheet s soon as possible at tie address kr ingrkis shove on the front of this aleta ant. We must hoar from you no titer men 60 days after we a- you the that lot on which the error a pmble n appeared. You can call air Customer Reations number, but dcmg so will not prssarve your fights. In your letter, give us the following kdormatio: your name and account number, the drier annum of the suspected error, a description of the amor and an explanation, if possible, of why you believe them Is an emir; or If you reed more information, a description of the earn you am uses abouL You do not haw to pay any amount in question while we are Investigating 1, but you am alll obligated to pay the pare of you bill Bet am not In question. While we Instigate your question, we cannot report you as delinquent a take any action to rated the amount you question. T, t Special Rue for Credit Card Puntass if you hew a problem with the quality of property or sandow that you purchased with a credit card and you how tried in good faith to correct the problem with the merchant, you may have the right not to pay tie rwnslnng amount des on the Properly or services. You have this protection only when ft" purchm Prise wait mom than $60.00 and the purchase was made In your home sale a within 100 miles or your muting address. (if we own or operate the merchant, a it wa maNW you the advertisement for the pmperly a services, all purchase w covered regardless of amount or location of purchase.) Plss remember to sign all correspongaae. t Does not apply to consumer noncrsdif card accounts T Dos not apply to business non-cmdlf cad acoaros Capital One supports information Privacy protection: sae our webslte at vrawc ,fem. Capital Ore It a federally registered service mark of Capital One Financial Corporation. AN rights reserved. O 2006 Capital One 01 DM6056 - 1 - 04/10/07 Imported Notice: Paymnu you mole to us nk be oedW to you aawM as dthe business day as recent k Provided (1) you and the boten pordon of ft statement and yam dock In the enclosed mrifrsa envelope and (2) Visa paymeal is leahad In our pramilig carter by 3 pm. ET (12 mom PT) PMess chow at lead the (5) business data for posted delowy. Payments ecehed by to st cry mbar location or in try odwrform mry mot be credited as of the day we receivetlm. Or bcetirsss dye ors Monday #-* Saturday, AWhg haldaya. Plena tent not sse mpa, paper olpe, at. ahn prpwMp>our paymenit. r ? . VERIFICATION CAPITAL ONE BANK (USA), N.A. vs CIERVO, CHRISTINA 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. TRACY T OR Notary Public 4862362602443098 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ARYONNE MABSON NOTARY PUBLIC DEKALB COUNTY, GEORGIA MY COMMISSION EXPIRES OCT. 29, 2011 D -q W C/I Nt? w C'} f it N C'> S :a ?2 c.? cu CASE NO: 2008x04186 P SHERIFF'S RETURN - REGULAR COMMONWEALTH F PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS CIERVO CHRISTINA KENNETH GOSSE T , Sheriff or Deputy Sheriff of Cumberland Co nty,Pennsylvania, who being duly sworn according to law, says, the wit in COMPLAINT & NOTICE was served upon CIERVO CHRIST NA the DEFENDANT at 930 IND at 0019:40 HOURS, on the 16th day of July 2008 AVENUE LEMOYNE, PA 117043 CHRISTINA CIERVO DEFENDANT 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 Cost Docketing Service Affidavit Surcharge Sworn and Sub; before me thi; of ;s. -cibed to So Answers: 18.00 15.00 .00 10.00 R. Thomas Kline .00 / 43.00•/07/17/2008 WE , 7?2.; /a By: ??So day A. D. . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. No.08-4186-CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT CHRISTINA CIERVO Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6664203 $1580.85 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. CHRISTINA CIERVO Defendant TO THE PROTHONOTARY: Civil Action No. 08-4186-CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT Kindly enter Judgment against Defendant, CHRISTINA CIERVO, in the amount of $1580.85 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., CHRISTINA CIERVO, if, -y By: M-- be ant • t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 08-4186-CIVIL TERM CHRISTINA CIERVO 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, CHRISTINA CIERVO, above-named, in the amount of $1580.85 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 $1580.85 with continuing interest thereon at a rate of 6.0% 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, CHRISTINA CIERVO, in the amount of $1580.85 plus continuing interest thereon at the rat. of 6.0% per annum from date of judgment and costs. 3. 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) $200.00 due by 8/20/08; (b) $200.00 due on the 2Wh day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. e 4. All payments are to be made payable to the order of "CAPITAL ONE BANK" 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 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 Plaintiffs 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. 9. Intending to be legally bound, the parties set their hands and seals this-Z> day of4" " O 20 6d . WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. !li'fnbroc PA tgA WEINBEI 140ilding 436 nue Pitt219 5 64203 By: 4a? e endant, CHR ISTINA CIERVO & REIS CO., L.P.A. ?? r --t ? ? (? ???' dire ??? ? © rt' 7 ? r-r-, -r3 ? "? ? W .Q ?.ra ;. `-? °- :? N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 08-4186-CIVIL TERM CHRISTINA CIERVO Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ent was entered against you on (xx) Assumpsit Judgment in the amount of $1580.85 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 CHRISTINA CIERVO 930 INDIANA AVE LEMOYNE, PA 17043 By: 09 PR ONOT D UTY) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. CHRISTINA CIERVO Defendant(s) No. 08-4186-CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. # 42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7999 WWR#6664203 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 08-4186-CIVIL TERM CHRISTINA CIERVO Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James y 1400 K brodt, PA I.DWELT WEINBERG & REIS CO., L.P.A. Building 436 Se th Avenue Pittsb gh, PA 15219 (412) 434-7999 WWR #6664203 Sworn to and subsc d before me this - I day of May, 09 N ARY PU C COMMONWEALTH OF PENNSYLVANtA NOUN Sul Wayne A. JOnee, NOtery Public € City of 100burgh, Augheny County i khf Cbmmiaeion June 20, 2010 I Membor, enrr eon Notaries 01 THE RM-CfFICE H,7 TAPY 2009 juN -5 Pty 3: 0 4 culva P47 c ! '4LVAiNA *g.W po Ar-4 Ct,* $811t 59(0 P:r* caa( 330