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HomeMy WebLinkAbout08-50797 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA No : 0016 -- 9;v dL;t -? Plaintiff VS. COMPLAINT IN CIVIL ACTION ELIZABETH R GARNEY 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 06667526 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 ELIZABETH R GARNEY 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,Q 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: ELIZABETH R GARNEY 40 HONEYSUCKLE DR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX5243 . 4. Defendant made use of said credit card and has a current balance due of $1354.11 , as of July 11, 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 11, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. 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 Defendant , ELIZABETH R GARNEY , INDIVIDUALLY , in the amount of $1354.11 with continuing interest thereon at the rate of 28.100W per annum from July 11, 2008 plus costs. James C. a rodt,42524 WELTMAN WE NBERG & REIS CO., L.P.A. 436 Sev nt Avenue, Suite 1400 Pittsb rgh PA 15219 (412) 434 955 FAX: 12- 38-7130 0666 52 C N Pit BLK This law firm is a debt collector attemit?/Fig to collect this debt for our client and any information obtained y11 be used for that purpose. QiiftalOne- 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 500013-09503 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $903.63 - $0.00 + $19.74 + $29.00 = $952.37 $167.00 Apr. 15, 2007 Feb. 16, 2007 - Mar. 15, 2007 Page 1 of 1 MasterCard Platinum Account 5178-0528.528aF52A3 Your Account Information TOTAL CREDIT LINE $3,000.00 TOTAL AVAILABLE CREDIT $2,047.63 CREDIT LINE FOR CASH $3,000.00 AVAILABLE CREDIT FOR CASH $2,047.63 Finance Charges (Please see reverse for important informal on) Balance rate Periodic Conesoonding FINANCE applied to rate AAPPR CHARGE Purchases $914.13 0.07712% D 28.15% $19.74 Cash $0.00 0.07712% D 28.15% $0.00 ANNUAL PERCENTAGE RATE applied this period: 28.15% ® At Your Service 1400403.3637 To cell customer Relatlone or m report a lost or stobn cad ® Sand payments to: Capital One Balk - P.O. Box 70884 • Challotle, NC 28272.0884 A Send Inquiries to: Capital One - P.O. Box 30285 • Sak Lake Ciy, UT 84130-0285 EXFNBIf I 6056 506 1 7 15 070315 PAGE 1 of 1 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0fj- I what's in your wa0et?- 0 5178052652865243 15 0952370045000167001 New Balance Minimum Payment Due Date $952.37 $167.00 Apr. 15, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.o. Box 70884 1111111111I11111m1m1r1 Charlotte, NC 28272-0884 III 1111uIf n11IIn11111111If 1[111118 1 111 111 111111111111 11111 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. 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 if you fail to keep your account in good standing, Capital One reserves the right to raise your APRs in the future. P ents, Credits & Adiustments Transactions 1 15 MAR PAST DUE FEE $2900 You were assessed a past due fee because your minimum payment was not received by the due dab. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. Account Number. 5178-0526-5286-5243 Please print address or phone number changes below using blue or black ink. Address Home Phone Ahemate Phone E-mail address Q :9007536351361851• MAIL ID NUMBER ELIZABETH R GARNEY 1390 LETCHWORTH RD CAMP HILL, PA 17011-7514 n1111nrllluunlln1111n11r111un11111u1111111u11/1u 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. ELIZABETH R GARNEY 1. Hew to Avoid a Firma Charge. t a. Gran Mod. You "I have a minimum paw period of 25 days without finance charge en new purchases, new balance Vi nsiars, now special purchases and new other charges a you pay yourfoW 'Now Bain', in accordance with dr, important Notion for payrneres bebw. and in time for it b be credited by your nod deterrent closing day. Thera Is m paw period m cash advances and sedol Initiation. In addMM thaw s no, pace period marry tmwedion t you do not pay am total *Now balance.' h Accruing Finance Charge. Transeclons which are not sub*d to a grace period am aesmsed finance charge 1) kern the door dtle eaneacYm or 2) from tie data the trawadim is processed to your Account or 3) from Ithe first calendar day of the current berg period. Additionally r you rid not pay the 'New Solstice' from the previous bNkg period in fW, Rnena charge corffnue to scores to your unpaid balance real tiro unpaid balance is paid in fug. This means mat you may aka owe finance charges, awn b you pay the arnke New Balance eWkyed en Oe front of your siatamen by the nett retrnum closing dole, but rid not do so for the pavire month. Unpaid fiance charges am added to the applicable segment of your Amount. t e. Wnknan Fit- Chrns. Fw each deg pwW air you account is sablect to a •mre doge, a minknun total FINANCE CHARGE or $0.50 wN be kr,pasatl. t d. Temporary Reduction in Finance Charge. We rmna are right to not mess any or N finance charges for shy given billing period. 2. ki sraga coin Balance (nahrdng New Prrdtms4 Finn charge is cacrmted by nmYptyng the dry balance of each segment of your account (e.g., cast advance, purchase. special ,r alias and special puncheon) by are corresponding dry periodic mte(a) that has been previously disdooed to you. At the rid of each day dwft are bong Pro, we apply this, defy paiodb rote for each septum dyer accrurn to are daily balance of each segment. Than at the am tae biting period, we add up the results of these day celasaliorhe to arrive at your psriodb fiend, Charge for each Segment vW add sp the mines from aadh segmerd boa tm r the told Pslodc finance charge for yor account. To gat the doily belarnca fr each selinan of your ewer, we toks to begor ng balance for each segment ad add any newtrenmclone and any pwiodc finance charge wklmed on the previous days balance for a=aegmen. Wa am abort any peyneas roam posed es dirt day that en abcated b hey segment. This gives us the mprate defy balance for each agnsnt of your account. tbwww.. ill you paid One New Balance shown on your previous statement In bill (w t your now balance was zaro m a credit eons), new transactions, which post to your Peso onspecial purchase segment, war not added to tlo dally trances. We orkWete the averege day balance by adding of the duly balances togeow and dividing the sum by the number OF tlo days in the current billing cycle. To calculate your total fnawe Charge, multiply your aweps dally balance by the daily Periodic me and by the number of drys in Oe bNap psrba. Dus to rounding on a duly bask or due to mknknnum finance durp ae9asnent t hse may be a vedar- bor- tpa calculation and the amount of finance dens acoWy aassaeed. 3. Annual Prcasage Rays (APR). a. The tam'Annu al Pare mblip Rate' may appear as *APR* m the from Of the statement. b. a the cods P (Ou mere Prima), L (Quarterly LIBOR), C (Quarterly CD). -S (Brhkcerd Prima) appears on the front of this statement next to Oe periodic MWS), the Periodic rates and CareaPOndrg ANNUAL PERCENTAGE RATES may way 4-iwtY and my bware a decrease based en the deed intlioss, a food n The Weil Sacral Journal, pie the merge previously disclosed to you. Thee dupes will be effective on the find day or yot r bang period covered by ems Pebdic semen endehg In the monde of January, April, Juy and October. Q If the cods D (Mortally Prima), F (Monody LIBOR), or G Mosioury LIBOR) appears on One frod of your am-. nab to the Pado9c rate(s), the periods: roes end mnesPOndkg ANNUAL PERCENTAGE RATES may way mondhy and may naaea or decrease based m the atoned indices, as fauna in The WWI Street Jouma, plus the mrgm prwlously disclosed to you. These dung" win be effective on the first day of your baling paned each month. ?. Aseranrff of Lay, OvesBmR riff Rosemead Payment Fos. Under the forme of your wabmr eVsarerN, cow mtsm the right to welve or not to saes any foe warim Prior -dkakn to YOU vvOWwaivig oariy/n to mes V. sanawsimfisrlm W INertime. t S. Rem inaling Vass, Account t a manbralsp fee appears on, are itont of your statement. you teve 30 days ken Oe doe Ode easement war, m*W to You to avoid paying ae tea a to have such foe credited to you t you cancel your account without having o Pay are meMemnp fee. To wncei Your 600-alt, YOU -.1 notlly us by alkg our C-lomar ?? In Rfief elations Department and pay your 'Now udng the mannbers* feel Prim to the and of One Oprly-dqy period, fy. a You Clop Your Account You can requeW to dose your account by calling our Customer Relations Departrrnent You roue destroy your credltrd(s) and aocoud ears dads, cancel of prewthomoad bung and pass using emu account After your request to am, o you wnanw to Warred r do nor a- PreluOOrieed Winn rtenpbmene, we war caedwmoeo der dugs ytar aNhtdadah tokeep your account open. Additioneay, your amount vefl not be dosed until you Pry Y amounts You over us including; any transactbna you hie auMOrized, Manca thanes Past due fees, wedmlt fee, retuned peysnen goes, ash advance fees and my advertising mined to your amour. You era mopwsbie fer ones amounts whale they appear on your amount lithe lima you refigured to doe, tlo acmuo w tiny am incurred suoaquend to your request to does the account This may result in clop appearing on youracouo after you have mquuesled Oka account to be doed. 7. Us" Your Account. Your cad or account cannot be used in commobo t with shy Interim gomb inii hawertipn, 8. Notice About Elealronk Check CmvwWm When you provide a chm* as payment, you autlorhe us Marc to use, kdornaw from your Clnec, to make a on"res sischorpc find brrfarfmm your hank occo nl or toprooesa the P2~ as a check trsmacbn. When we use Mrmahon ken your duck to make en electronic amid trauyr. funds may be withdrawn from your bank account an soon m the sane day we rewire your payment, and you will not receive your d*& back from your financial Institution. BILLING RIGHTS SUMMARY (In Case of Enna a Owskore about Your Sill) If you thbk your dl I. wmi g, or If you need mime Information on e tra sectio t or ION. write to wen a separate shad as awn n possible at the addres for suiukiss shown on are from of #in statamam. We must how from you no later than 00 days after we earn you the am dl on Whk:h the arro or problems appeared. You wrh cob our Customer R@Wma nurrbw, bul clang so eel not pros eve your rights. In your ether, give us the blowing inform dun: your name and account number, tie doles amount of the suspected actor, a description of the anus and an erglansdon, l poasEle, of why you believe there Is an error; or if you need moth inlomraon, a description d the item you are union about Ym do not have to pay any amount in question why we am Investigating It but you are sill obligated to pay th e pare of your bill the am not in question. While we Investigate your question, we cannot report you an delinquent or take any action to collect Oe anoint you question. t, t Special Rattle for Credit Card Purdnees If you have a problem with the gusiy of properly r services that you purchased with a credit cord and you have tried in good faith to wand the problem with rho merrhasL you may have the right not to pay that remaining amount clue m tha Properly or service. You have Nk prwsclbrs orgy when the purchase pricy was more than 250.00 and to pardres was made in your home see a within 100 nsfes or your malling aid-. (If cos own r operate the nemtem, or t war ruled you the ad"Moommt for the properly w servio s, fib purchases re covered regardless of amoun w location of purchase.) Please mmember to sigh all conespa ndenre. t Does rotapplya consumer non-credlt cardaocoums t Does not op*90 business non-amdll card accounts Capitol One supPena irdwmation privacy oroledion: cue our wwbs".1 1fNJN,f ,?. Capitol One It a federally ragkered service mark of Capital One Financial Corporation. N righto reserved. O 2008 CaPaal One TC-08 01 BOOM-6-1221M I,haeeler barks payment You imlewcobbe -VOW byeraaoustrdlhs busterdryeeracwe it, P. (1)you-0the botien pmlbn dies suened and your thefA from enclosed ranreas envtlcps cod (2)YAP Pnwn bcriedheuprooseI asr by 3 pn. ET (12 nom FT). Pkrs Noe W krtf-(S) busier Myer for pots debay. Primer,.rhea byr S any Me botim a in ey Petlsard. do inoatwemryea.,cededrd- Mee.reekyrye.p,a tuakeat Ayer Navytlxargl, 3re.dey. mwkdhg hol0aytt staples, PWedPa,sic.emu PePantYea peyrcneN. VERIFICATION CAPITAL ONE BANK (USA), N.A. vs GARNEY, ELIZABETH R 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. r"? ARYONNE MABSON SHp j'a <'=FENS Notary Public 1 ClA p?kl 1162011 MY COWV'1111;?;V . ;- 5178052652865243 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. V n W .. 3 ? - co TA SHERIFF'S RETURN - REGULAR CASE NO: 2008-05079 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS GARNEY ELIZABETH R 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 GARNEY ELIZABETH R the DEFENDANT at 0937:00 HOURS, on the 6th day of September, 2008 at 40 HONEYSUCKLE DRIVE MECHANICSBURG, PA 17050 NANCY ABEL, DAUGHTER AND by handing to POWER OF ATTORNEY 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 9.00 Affidavit .59 Surcharge 10.00 00 V37.59 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/08/2008 WELTMAN WEINBERG REIS By. Deputy Sheriff of A. D. V'' % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 08-5079-CIVIL TERM vs. PRAECIPE TO SETTLE, DISCONTINUE ELIZABETH R GARNEY & END WITHOUT PREJUDICE Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire Pa. I.D. No. 90963 Weltman, Weinberg & Reis, Co, LLC 1400 Koppers Building 436 7"' Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR 06667526 0'- ti IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 08-5079-CIVIL TERM ELIZABETH R GARNEY Defendant PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End without prejudice the above captioned matter upon the records of the Court and mark the cost paid. WELTAN, WEINBERG & REIS CO., L.P.A By: / - Matti?ew D. Urban, Esquire Pa. I.D. No. 90963 Weltman, Weinberg & Reis, Co, LLC 1400 Koppers Building 436 7`" Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and subscriV Before me the Day of October, 20 NOTARY P LIC COMTAIONVVEPL rt ? = va r : ?c,,,°rn. Wayne A. Jo11?-., N( `sa; v oe b'ic Clty Qf Pi sbuILj nh co'Yit!' rz L 111' j:LL, ?'(? W WR 06667526 ?"-:' <..u; ?,° --? z r:::; ?_: . 44..3 , ?.? . ?_ ..