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Home My WebLink About08-5351A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N q Plaintiff No: -35f Civ%? ?e VS. COMPLAINT IN CIVIL ACTION PAUL F TIMMONS 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 06792834 C N Pit IAS I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N. Plaintiff vs. Civil Action No PAUL F TIMMONS 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), No 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: PAUL F TIMMONS 427 BRIDGE ST NEW CUMBERLAND, PA 17070 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX0402 . 4. Defendant made use of said credit card and has a current balance due of $2452.22 , as of July 29, 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 29.200% per annum on the unpaid balance from July 29, 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 , PAUL F TIMMONS , INDIVIDUALLY , in the amount of $2452.22 with continuing interest thereon at the rate of 29.2001 per annum from July 29, 2008 plus costs. James C. 'Warmbrodt,42524 WELTMAN EINBERG & REIS CO., L.P.A. 436 Sev th Avenue, Suite 1400 Pittsb r h, PA 15219 (412) 4-7955 FAX: -338-7130 0679 4 C N Pit IAS This law firm is a debt collector attem ing to collect this debt for our client and any information obtaine ill be used for that purpose. cap talOwl I what's in your wallet? NOT PAYING YOUR DEBT 500013 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 fig 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 righn resmxd 500013-08503 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date C$1,595.98D - $0.00 + $38.83 + $35.00 = $1,669.81 $669.81 Mar. 07, 2007 .•:•. Jan. 09, 2007 - Feb. 07, 2007 Page 1 of 1 E M AR PAY AT LEAST TH6 AMOUNT Your account is six payments behind. If we charge off your account due to late payments, we will report the Visa count Platinum Platinum Account charged-off status to several national credit bureaus, and the Purchase APR as reelected on this statement will 4388 be applied to all your outstanding balances. Art now to prevent this from happening. Please pay the amount due Your Account Information on your statement or give us a call at 1.8110.955.6610. We'll work with you so you can take control of your account and start rebuilding your credit with Capital One. TOTAL CREDIT LINE $1,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic rate c Corresponding 1? CHARGE Purchases $1,615.82 0.08011% P 29.24% $36.83 Cash $0.00 0.08011% P 29.24% $0.00 ANNUAL PERCENTAGE RATE applied this period: 2914X ® At Your Service 1.800-903-3637 To at Customer Relaaom m to report a lost orstolen card: ® Send payments to: Capital One Bank • P.O. Box 70884 • Charlotte, NC 28272-0884 ® Send inquiries to: Capital One • P.O. Box 30285 - Soh Lake City, UT 84130-0285 "Important Notice" Under the terns we previously disclosed to you, your account is now eligible fo 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 Ihat if you fail to keep your account in good standing, Capital One reserves the Tight to raise your APRs in the future. Payments Credits & Adjustments Transactions 1 07 FEB PAST DUE FEE $35.00 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 Stonebridge Beneft Services at 1.888.527-6904 to see ff 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 for your minimum payment to reach Capital One. - Please Note "• Some of the terms of your account are changing. Please read the enclosed notification. Elm .?? 6056 506 1 7 7 070207 PAGE 1 of 2 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT ?•,???,, 0 4388642628900402 07 1669811030630669812 "O?ie?aQ? ?` what's in your wallet?* Account Number: 4388-6426-2890-0402 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink. $1,669.81 $669.81 Mar. 07, 2007 Address PLEASE PAY AT LEAST Hone Phone Alternate Phone THIS AMOUNT F-mail address Amount Enclosed e9003990336324264e MAIL ID NUMBER PAUL F TIMMONS 427 BRIDGE ST Capital One Bank NEW CUMBERLl PA 37070-1966 P.o. Box 70&84 LhrllLrrJLrdlyd Lrrlllrulllnr6r,116111rr11111rsr16nllu66dr6rrlrlr1 Charlotte, NC 21272-0664 LrldlrJrrrlrllrrrlrrLllLrrlrrLlrrlrrLrllrJrtlrrllrrrll 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. PAUL F TIMMONS 1. Nov 1o Avoid ¦ Finance Charge. t a. Gres Period. You will have a minimum grace period of 25 days without hence charge on new, purchases, new balance transiam, new special purchases and new other charges t you pay your total 'Now Balance, in accordance with the Important Notice for payments below. and In time for it to be cradled by your nold statement closing date. Thera is no grace period on cash advaneea and ap-W berhrs. In addMm them k ne pure period on any tramaction if you do not pay the total 'New balance.' b- Accruing Finance Charge. Trareacaone hviJah tiro not subject to a grace period are asesalsed finance dugs 11 from the data or the transaction or 2) fierce d re data the transaction is processed to your Amount or 3) from the first calendar day of the o "a berg period. Ad"Mor lly ¦ Y. bid not pay the "Now Balance' from the previous blip period in full, hence dvrges confirm to socrue to your unpaid balance until Its unpaid balance is paid in full. This meane that you may ail owe boom charges, even 1 you pay one entire New Balance Indicated on the from of you statement by to need amtrront closing date, but did not do so for the previous month. Unpaid mnarse doges au added to to applicable segment of your Amonnt. t c. INnimtea Flow cm Charge. For such bilrg period that your account is mmlad to a tlmince charge, a rraernum total FINANCE CHARGE or $0.50 will be imposed. t d. Temporary Reduction In f 1so ce Charge. We ream m the right to not assess any or all finance charges for any ghen btNg period. 2. Average Deny Belema (nctMbq Now Putdumm`t Finance charge Is alydaled by mutplyirg the dally belala of each segment of your account (e.g., ash advance, ras . . special taster, and special pachese) by the corresponding dally periodic roe(s) that has been previously disclosed to you. At the end of each day durkq the billing period, we apply the daily periodic retie for each segment of your account to the daily balance of each segment. Than at the end tithe bgnp period, we add up the results of eves daily calrdserm to arrive at your periodic arena doge for each segment. We add up to remae from each segment to wrt e at dotral perlo I firm charge for your account To flat the dally balance for each segment of your atoourL Ntake the beg wV balance for each segment and add any -tranwiions and any par odic trace charge calcuumed on the previous daye balm. for that segment. We then subtract any payments or redia posted tie of that day that ors elocated to that segment. The gives w the separate defy bW- for each segment of your aomum. However, N you paid the New Balance shown on your previous stabment In ful (r It your new balance was zmo or a credit mmount), now transactions, which pat to your purchase or special purchases segments tie not added to the dally balances. nth Cai:Wle the average dry bakes by acting all the dally belarrae together and dividing to won by the rwnbw of the days in the mmerl blerg cycle. To calculate your octal fnerwe charge, multiply your average daily balance by the daily Penodic rate Old by the number of days in to taking period. Due to tou dog on e daily bask or due to minimum 8narlce charge wessnvm, tare may be a variance between this calculation end the amount of mace charge actually allsoolmod. 3. Annual Iss' tags ROM (APV4 a. The term"Annwl Pertantelle Rate may appear as 'APR' on the two of thin statement b. If the code P (Ouatarly Prime), L (Ouanerty LIBOR), C (Ouanady CD), or S (Brikcad Prime) appears on the from of the statement red to ih PWWIC rhe(a). in& periodic rates and eomesporKing ANNUAL PERCENTAGE RATES may wry quarterly and may Increase or decreases based on the stand ndoes, as found in The %bit Street J-1. plus the margin p -usy disclosed to yon. Thee charges wit be effective on the first day of your blhhp period cowered by your periodic statement -dig In the -the of January, April, July and October. c. If the code D (Mon" Prime), F (Monthly LIBOR), or G (Treasury LIBOR) appears on the from of your statanrt red to the perloddc ree(e), to pedadk rafts and corresponding ANNUAL PERCENTAGE RATES may vary monthly and may nrease or decrease based on the stated indlae, as frail in Th. Wall Street Journal, plus tiro margin prevlouey disdoeed to you. Thee changes will be effective on to first day of you billing period each month. 4. AWSraera d Late, 0erRmN and Reasoned Payment Fame. Under the tams of your customer agreement, we reserve the rW to wei" or not to as ome any fees etthout prior notification to you without walvig our right to assess the semeorsemlrfeea ata latrgme. t 5. Ranswng Yaw Account. N a membership fee appears on the front of your stshmment, you hew 30 days from gre data the ataten and vas mhled to you to avoid paying the fee or to have mach fee aatlited to you If you anal your amount wiNOUt haying to pay the membership fes. To cancel your arOrat, you mum notify us by aing our Cueonher Re1Nna Department and pay your Tdew Bamo ' In full (excluding the membership feel prior to to and of the tarty-dry, period. 6. If Vou Close Your Account You can request to class your annum by calling our Customer Relations Department- You must destroy your credit cad(s) and account alms aorta, corcel el praauthonzed being and cease using your account. After your request to does, If you oonlnw to traaoct or do not cancei prey dhorobd billing arrangements. we ail consider moeipt ha charge you authorization to keep your amount open. Additionally your armor will not be dosed until you pay all amounts you ran us including: any trensectime you have authorized, hence charges, post due fees, -",.it fear, returned payment fees, ash advance fees and any other fees assessed to your-rd. You are responsible for times amounts wtslher toy appear on your account at the time you request to dome the account or ty are incurred subsequent to your request to dose the account, This may result in dodges appean'np on your account alter you haw requested to emrmt to h dosed. 7. Using Your Acco mt. Ywr card or account cannot be used in connection with any Internal: gambling trans-lions. 8. Notice About Electronic Cluck Conversion loran you Provide a chock an payment, you rdhorhe us slower to use information from your check to make a one-time eftcamk aril transfer from your bank account or to M- me payment es a check transaction. When we use infomaion from you sack to make an .1ecremnle fund transfer, funds may be withdraw from your bank ecmunt es soon as the same dry we ramius your payment, and you will not recent your check back from your Kendal nstltudw. BILLING RIGHTS SUMMARY (In Case or Errors or Questions about Your Bill) if you think you bill Is warp, or If you rued more information on e transaction or bill, writs to ue M e saparafe Shea[ as soon as possible at to address for inquiries shown m the front of Oils statemebK We must hoer from you no omr than lap duo after we sent you the first bill on which the error or problem appeared. You can all rte Customer Relators rarbhher, but doirg so will not present your rights. In your War, ghe w the foil-mg Information: your time and account number, he dose ammft of the suspected era. a description of the minor and an e*areaon. a possible, of why you balleve there Is an error: or If you need more inform lion, a description of the rem you are unmra about You do not have to pay any amount in question while we are InvaWpatlrg k, but you are stil obligated to pay the pare of you bill that are not In question. Wile we krvasagais your question. we sand report you as delinquent or tale soy action to noted the smoud you grunion. F, f Special Rule for Credit Cad Purchases If you haw a problem with the quality of properly or crevices that you purchased with a radii card lad you have tried in good fourth to comer eha problem with V. merchant, you may have the right not to pay the remalnng smrrht An on the property or services. You have tits protection only when tiha purrhsae price was more than $50.00 ant the purchase cos me& In your hrne some or within too -1-.1 your n wiling add-. Of wars own r operate the Merchant, or t we roamed you the adversssmem for the property or services, all purchases are cowered regardless of emormt or location of Purchase.) Planes remember to sign all crrespordence. t Doss not apply to consumer r rea card Bow" 2 Does not apply to busiess non-redt ad accounts C pkal One supports inenmabon priwc-y protection: sae our wswhe at 7t78ty,?. Capital One is a fedrey registered service mark of Capital One Financial Corporation. AI rights reserved. 02008 Capital One itpain Nente:prymanlsyoumatlhwlbeceasedbymfecmutnrotsbuerahdrymraare Apmwdh(1)yousadthe bM- portion dons seamen and yaf dark in ft andoed mommm nMOpe am (2) you paymed Is reralNed In Mpracee. Gera by3pm ET(12rim PT).Pkmdaall ttm(5)bunardaysforpaWd*my.Papwamo*WbyusalnyodwbcOmarm cry otlaftrm may rid be redid asof the dsywe nsrskm ism Otff builr days m MOday bwo ssbr*. m di&V MOeYs. Plarft do not calla staples, paprdps, ale. when Papaam your payment CAPITAL ONE BANK (USA), N.A., Plaintiff, V. PAUL F TIMMONS Defendant(s). VERIFICATION 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 an authorized agent of Capital One Services, Inc., an affiliate of and service provider to CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, 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. Dated: Athony A049 WELTMAN, WEINBERG & REIS CO., L.P.A. (? w 9b o r Z y! co D 1 E...7 r: SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05351 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS TIMMONS PAUL F R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TIMMONS PAUL F but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT TIMMONS PAUL F 427 BRIDGE ST NOT FOUND , as to NEW CUMBERLAND, PA 17070 PER POST OFFICE, DEFEDANT MOVED AND LEFT NO FORWARDING. Sheriff's Costs: Docketing 18.00 Service 18.00 Not Found 5.00 Surcharge 10.00 00 /v/o'7/OY 51.00 So answers R. Thomas Kline` Sheriff of Cumberland County WELTMAN WEINBERG REIS 09/17/2008 Sworn and Subscribed to before me this day of A. D. t • * a IN THE COURT OF COI MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. No. 08-5351 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE PAUL F TIMMONS 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#06792834 IN THE COURT OF CC CAPITAL ONE BANK (USA),NA Plaintiff vs. PAUL F TIMMONS Defendant PI AND TO THE PROTHONOTARY OF C SIR: MON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 08-5351 CIVIL TERM ERLAND COUNTY: Settle, Discontinue and Er d the above-captioned matter upon the records of the Court without prejudice to refile and mark the c sts paid. SWORN TO AND SUBSCRIBED before me this 3 day ARCH ,2 Y P U B L I PENNSYLVAN EAi-TH o c ?tota?ial Public vied J. Kelly. p Qty of P E? . 4 pi N U N nnsy?venle o ssoeletlon Pe WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney f P aintiff 14001 o er Building 436 Sev nt Avenue Pittsbu _ h A 15219 (412) FILED-OffindE c? ,O??OTPY 2009 APR 14 AM 10: 15