HomeMy WebLinkAbout08-4806
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff No: 08- 4$Q0, Civi( (gem
vs.
JUSTIN M HARPER
COMPLAINT IN CIVIL ACTION
Defendant FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt,42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
06808174 C N Pit BLK
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
VS. Civil Action No
JUSTIN M HARPER
Defendant
COMPLAINT 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.
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 ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT
1. Plaintiff, CAPITAL ONE BANK (USA), N}4 is a corporation with
offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 .
2. Defendant is adult individual(s) residing at the address listed
below:
JUSTIN M HARPER
123 WYNNWOOD AVE
CARLISLE, PA 17013
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXXXXXX3706 .
4. Defendant made use of said credit card and has a current balance
due of $1289.31 , as of July 09, 2008 .
5. Defendant is in default by failing to make monthly payments 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
28.100% per annum on the unpaid balance from July 09, 2008 . A copy of
Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 and
made a part hereof.
capital0ne• NOT PAYING YOUR DEBT SIMI3
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 free 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 is a federally registered service mark. All rights reserved. 500013-08503
FINANCE
Previous Balance Payments 8 Credits CHARGE Transactions New Balance Minimum Payment Due Date.
Mar. 11, 2007
$860.01 - $0.00 + $21.49 + $19.00 = C$900.50 C$400.50D
Jan. 12, 2007 - Feb-12,2007 Page 1 of 1 Purse PAY AT LEW THIS AMOUNT
MasterCard Platinum Account
5178-0528-0787-3706
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 infomtation)
Balance rate Periodic spun ing FINANCE
applied to rate APR d CHARGE
Purchases $870.96 0.07712% D 28.15% $21.49
Cash $0.00 0.07712% D 28.15% $0.00
ANNUAL PERCENTAGE RATE applied this period: 28.15%
® At Your Service 1-800803.3637
To call Customer Relations or to report a lost or stolen card:
® Send payments to:
Capital One Be* - P.O. Box 70884 - Charlotte, NC 28272-0884
A Send inquiries to:
Capital One - P.O. Bon 30285 - Sae Lake City, UT 84130-0285
Your account is six payments behind. If we charge oft 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. 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 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 4 you fail to keep your account in good standing, Capital One reserves
the right to raise your APRs in the future.
Payments Credits 8 Adjustments
Transactions
1 12 FEB PAST DUE FEE $19.00
Your account is 90 days past due and your Payment Protection coverage has been suspended. As stated in
your Payment Protection agreement, your coverage and monthly charge will be reinstated once your account is
no longer 90 days past due. You may still be eligible for benefits to be paid to your account for loss events
described in your Payment Protection agreement. Call Stortebddge Benefit Services at 1.888.527-6904 to see If
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 allow at least 7 business days fa your minimum payment to reach
Capital One.
Please Note "' Some of the terms of your account are changing. Please read the enclosed notification
EXHIBIT
6056 506 1 7 11 070212 PAGE 1 of 2 01BC6056
PLEASE RETURN PORTION BELOW WITH PAYMENT
0 5178052607873706 11 0900500085000400503
???' I what's in your wallet?.
Q
Account Number. 5178-0526-0787-3706
New Balance Minimum Payment Due Date
$900.50 $400.50 Mar. 11, 2007
PLEASE PAY AT LEAST
THIS AMOUNT
Amount Enclosed C:?
Capital One Bank
P.o. Box 70884 IrIPPIIIrrrlrPrlllrrrl
Charlotte, NC 28272-0684
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Please print address or phone number changes below using blue or black ink.
Home Phone Alternate Phone
E-mail address Q
s9004465717375461s NAIL ID NUMBER
JUSTIN M HARPER
6E SOUTH STa6
CARLISLE, PA 17013-3426
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Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the endosed envelope.
JUSTIN M HARPER
1. Novi to Avoid a Finance Charge.
t e. Grace period. You veal have a miirrwm grace period of 25
days aAehout finance charge on new purdiaeas, new
belanrw transfers. new special purchases; and new other
charges it you pay yourtuaf'New Baeree', in
accordance with the Important Wks for payments below.
and in rime for it to be c edted by your read del~
dosing date. There is no grace period on cash advances
and Waidel insistent. In addymn. them Is n grace period
r any transaction if you do net pay the total "New
berme'
b. Accruing Finance Charge. Tianseedare which art not
subject to a grace period em assessed Imence, charge 1)
fron the dais of the trwhsermn or 2) from the date to
transaction is processed to your Account or 3) from the first
calendar day of this annex beta period. Additionally, If you
dm not payte'New Balance' from the previous bill g
periotl in full, finsn dirges confine to scoria to your
unpaid balance until due unpaid balance is paid in fut. This
means that you may all owe frence dirges, even If you
pay ae and. New Balance Indmesid r the front of your
stst urvem by the neat statement dosing dale, but did not do
an for the prmious n *L Unpaid finrw.a dergec are added
to me aPpeable segment a ywrA=, you
t c. Masamt Is abject to a llnaric charge, a minimum toilet
FINANCE CHARGE of SDA0 wN be imposed.
t d. Temporary Reduction in Finehce Charge. We reserve in.
right to not assess any or al fnili chsrgW for any given
blare parried.
2. Avenge Daily Balance 0--l-ding Haw Purclrrea}
Finance charge is calculated by multiplying fie daily balance
of each segment of your account (e.g., ash advance,
purees,, spec i transfer, and special patinae) by to
conasponding dally Periodic rebels) tet has been
previously disclosed to you. At the end of each day during
to billing period, we apply fro dally periodic rate for each
segment of your account to the daily balance of each
segment Than at this and of the haling period, we add up the
resells d tea, dally calculations to arrive at your periodic
finnan charge for each sagM@K We add w the results from
each esgment to anive at the tonal periodic fiance charge fr
your rent To get am daily belena fa each segment of
your account wit take to begirnrg balance for each
segment and add any nawtransactions and any PWb&
angina charge calculated r the previous deys balance for
tat segment. We than suhtmet any payments r credits
pored s of tot day that am albnled to that sagmerd. The
give s to saperare daily bean for each segment of you
accounL However, If you paid in. New Banana shown on
your previous statement in ful (r r your nine bean was
ions or a credit crave), maw traraadiorns, which post to
your purdese or special purchase segments are not added
to the daily beans. We camutate the average daily
balance by adding al the dally balances tog~ and
dividing the rum by the number at the days In the cram
billing cycle. To Calculate your toad fiance charge, mulboy
your average daily belan by to daily periodic rasa and by
the number of days in to beta period. Dw to roandNg r a
dally basis or due to minimum fiance charge sssesen-M
theme nay be a varlanee between this Calculation and the
amount or finance charge actually assw"d.
3. Annual Prnntaps Rafts (APP).
a. The larm'Annual Percentage Rsle" may appear
as'APR' on to from of this statement.
b. it the code P (Guattedy Primal. L (Ouarlaly LIBOR), C
(Ouariedy CDL or S (Brhkca d Prime) appears on this (font
of the statement next to the periodic rake(s), the periodic
rates and Cortasporift ANNUAL PERCENTAGE RATES
may very westerly and may roves a decrease based on
the slated indices, at bard in The "I Street Journal, plus
the margin previously dadwed to you. Thaw Charges wA
be effective on to -al day of your Wing panod Covered by
your periodic statement ending in to months of January
April, July and October
c. if the code D (Monthly Prima), F (Monthly LIBOR), or G
(Treasury LIBOR) appears Co the from of your statement
nee tome periodic rac(e), the periodic man and
ccmesprhdng ANNUAL PERCENTAGE RATES may vary
monthly and may increase or decrease based on the slated
indices, as bard in The Wall Street Journal. Plus the
margin previously
on this first disclosed of your ? birg period changes each o
etf nth.
4. Ahem-link of Lab, Ovanilmk and RMUnatl Payment
Fats. Under the lame of your customer agreement, wit
reerw to right to wehe or not to asset, cry fees vNthoct
prior notification to you without waivi g ourright tossaesthe
same or simsarfaes at a Isbrdme.
t 5. Rw wkg Y- Account It e membership fee appears
on the tort of your statement you have 30 drys from to
data the statement was mailed to You to avoid paying the
fea m to hew such in credited to you it you cencel your
account without having to pay to mambeerHp fee. To
Cancel your account you must notay us by Calkg our
Ctatomr Relaaons Depamrent and pay your Tlaw
Balance" M full (exdudhng the membership fee) Prior to
the and of the thirty-dq period.
S. R You Close Your Account. You Can request to dose your
account by calling or Customer Relations Department. You
must destroy your aeMt and(s) and low nd accts dads,
cane it eta "authorized billing and Cana using your account
Attar your request to dose, If you continue to transact or do
not Cancel pmakOMrused baling arrangement, we al
oorerdr moss" as doge your autedzadah to keep your
account Conn. Additionally, your account we not be dosed
until you pay an amounts you awe us including any
transactions you have authorized. finance charges, past due
tees, ovedme ties, haunted Payment less, rash advance
fees and any atherfeas ssaessed to your acnoum. You am
rvspansibe for these -Ifs afemertey appear on you
account M the time you merest to dose the account a they
am incurred suhas quern to your request to dose the account.
This may result in charges appealing r your account after you
haw regretted the socant to be dosed.
7. Using Your Account. Your Card or amount Cannot be used in
Connection with any Internet gambling tranuadmns.
a. Notoa About Electronic Check Conversion.
When you provide a check as payment you autharim us
aUer to use information from your cheer to mate a ono-lime
electronic fund transfer from your bank account fir to process
the payment es a check transaction. When via use
information from your cheek to make an electronic aced
transfer, funds may be YAdldraWn from your bank acCW m as
soon as the same dry eye receive your payment, and you will
not receive your deck beck from your financial hstkudon.
BILLING RIGHTS SUMMARY
(In Case a Enos a Ousts- about YOU BB)
if you tho k your hill is wrong, or If you need more information on
a Cencsctinn r tile. wma to w en a separate theft s soon as
possible at the address for inquiries shown on to front of this
statement We must hear from you n tar than So days site wit
sent you the lien bill on ~ the error r problem appeared. You
can one our Custorer Ralston number, but doing w will not
pres i ve your rights. In your leter, give s the fdlowwg
kaMmation: your name and account number, to dole amount
of the suspected error, a description of the error and an
ex(aaneaon, a pose--, of why you believe tees is an anon, or if
you reed more kdometon, a descipion of the item you am
unsure about You do not have to Pay any amount n question
ware we are kweedgatng h, but you are ere obligated to pay the
parts of your bill tat am not in question. N7dla wit investigate
your question, wa cannot report you as delinquent or take any
action to Collect to amount you Wasibun
t, t Special idle for Credit Cad Pkadaeee
if you have a problem with the quality of property or services that
you purchased with a credit card and you have tried in good faith
to correct the problem with the merUYnt, you may have the raft
not to pay to remaining amount due r this property or ser*ea.
You hew the Protection only when to purchase Pea was mom
than $60.00 end to phechaca sees merle M your hone sate or
within 100 miles of your making address. (It w, own a opemts
the marc anL or t vre nWed you the advertisement for the
property or services, all purchases are covered regardless of
amount a location of purchase.) Pease remember to sign all
correspondsn.
t Does not apply So consumer ton<mdk card accounts
t Does not apply to bwkoae no i-Cmdt Card accounts
Coital One supporls information Piracy Protection, see our
websaeat
Capital One Is a federate ragisared service mark of Capita One
Flnandel Corporation. Al rights reserved. O 2006 Capital One
TC-W
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itshemtnrh days ond
era sa may not be R be seeped as eta dayryies s Maine her. Our business aaegis are Monday through 5eludry, rdrrdyp hold-YL
Please do amt ha98tapka, pprtaps• talc. wash Pr?o9 Your PeYrrnnl
VERIFICATION
CAPITAL ONE BANK (USA), N.A.
vs
HARPER, JUSTIN M
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, ARYONNE MABSON, 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.
ARYONNE MABSON
Notary Public
SHARON REUBENS
tiojjf`& SEA'+..
DEKAE_?1 C J'JN Y C-,,CORGIA
MY COMV."GSlOf'4 EXF! vw e , s2 1 1 11
5178052607873706
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04806 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK USA N A
VS
HARPER JUSTIN M
MICHELLE GUTSHALL
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
HARPER JUSTIN M
the
DEFENDANT , at 0008:36 HOURS, on the 16th day of August , 2008
at 123 WYNNWOOD AVENUE
CARLISLE, PA 17013
JAMES LARGENT
by handing to
GRANDFATHER 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 $ 5.00
Affidavit 1410
9
0 .00
Surcharge 0
10.00
Sworn and Subscibed to
before me this
So Answers:
0 44?
R. Thomas Kline
33.00 08/19/2008
WELTMAN WEINBERG & REIS
By:
day Deputy Sheriff
of A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA) NA
Plaintiff
vs.
JUSTIN M HARPER
Defendant
No. 08-4806 CIVIL TERM
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt
PA I.D #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#6808174
.•
M
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA) NA
Plaintiff
VS. Civil Action No. 08-4806 CIVIL TERM
JUSTIN M HARPER
Defendant
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
SIR:
Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records
of the Court and mark the costs paid.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: __ . - -
James C. armbrodt
PA I 24
WE , WEINBERG & REIS CO., L.P.A.
1400 s Building
I
436 Avenue
Pitts
rgh A 15219
(412 55
SWOR N TO AND SUBSCRIBED
,r
before me this day
of , 2008
N TAR PUBLIC
COMMONWEALTH OF PENNSYLVANIA
Notarial Sea]
Jennifer M Borowski, Notary Public
City of Pittsburgh, Allegheny County
M Commission Expires Feb. 22, 2012
Member, Pennsylvanle Association of Notaries
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