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Home My WebLink About08-5532IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NIA Plaintiff No: vs SUSAN M BOSER 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 06667351 C N Pit IAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N. Plaintiff VS. Civil Action No SUSAN M BOSER 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: SUSAN M BOSER 30 N. ENOLA DRIVE ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX4158 . 4. Defendant made use of said credit card and has a current balance due of $1473.12 , as of July 29, 2008 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 20.800$ 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 , SUSAN M BOSER , INDIVIDUALLY , in the amount of $1473.12 with continuing interest thereon at the rate of 20.8000 per annum from July 29, 2008 plus costs. James C. WELTMAN, 436 Sev Pittsb (412) 3 FAX: 2 06667 51 armnroat,42524 INBERG & REIS CO., L.P.A. t Avenue, Suite 1400 PA 15219 7955 38-7130 C N Pit IAS This law firm is a debt collector atteming to collect this debt for our client and any information obtained ill be used for that purpose. CaPiltalOne• NOT PAYING YOUR DEBT 500013 1 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 1.800.955.61600. Make sure you call or pay the amount due on your statement within 30 days to keep your account from being charged off. ® 2006 Capita! One Ser im, Inc. Capital One i, a federally ,ethte?ed semice mark. AU rights mm ed 500013-08503 FINANCE Previous Balance Payments & Credts CHARGE Transactions New Balance Minimum Payment Due Date C$1,801.09D - $0.00 + $31.07 + $35.00 = $1,867.16 $1,567.16 Jan. 04, 2007 Nov. 05, 2006 - Dec. 04, 2006 Page 1 of 1 MEW PAY AT IEASr 7% AMOUNT Visa Platinum Account 4862.3626.42334158 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 th P h , e urc ase APR as reflected on this statement will be applied to all your outstanding balances. Act now to prevent this fro h i Your Account Information m appen ng. 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 TOTAL CREDIT LINE $300.00 amount and start rebuilding your credit with Capital One. TOTAL AVAILABLE CREDIT .00 CREDIT LINE FOR CASH 0.00 AVAILABLE CREDIT FOR CASH $3 P ments, Credits & Adjustments $ $0.00 Transactlons Finance Charges (Please se for i im ort t i fo - 1 04 DEC PAST DUE FEE $ n p rmation) an 3500 : rate Presponding FWANCE applied at APR CHARGE Balance your account is 90 da Ys past due and your Payment Protection coverage has been suspended As stated i ; Purchases E1,817.21 0.P 20.80% $31.07 Cash $0 00 0 . n Your Payment Protection agreement Your coverage and monthly charge w ll be reinstated once your account is no longdays past due You ma sOfl be eli ibl f b . .P 20.80% 50.00 . y g e o enefits fo be paid fo your account fo loss events caste bed in your Payrnent Proteco agreement Call St b i ANNUAL PERCENTAGE RATE ahis period: 20.80% . one r dge Benefit Se v ces at 11168 527x904 to see'F your situation qualifies for benefits. ei? At Your Service 1800 903 3637 To call Customer Relations or to report a lost or slow card 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 that you allow at least 7 b i : us ness days for your minimum payment to reach Capital One. ® Sec Payments to: Capital One Bank - P.O. B--10881 - Charlotte, NC 28272.0884 A Seed inquiries to: CaPlfal One - P.O. Box 30285 - Salt Lake City, UT 84130-0285 oar 6056 506 1 7 4 061204 PAGE 1 of 1 O1BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0 4862362642334158 04 1867160269051567168 ?• I what's in your wallet?* New Balance Minimum Payment Due Date C$1,867.16 $1,567.16 Jan. 04, 2007 PURSE PAY AT LEAST THIS AMOUNT Amount Enclosed c:::= Capital One Bank P.O. Box 70684 I1 61 1161111 11 ulr111 Charlotte, NC 28272-0884 Ir,Irllulurirlltoile lrlliuIItI11lululullnlninllurll Account Number: 4862-3626-4233-4158 Please print address or phone number changes below using blue or black ink. Address Home Phone Altemate Phone E-mail address Q a9033932279635736s MAIL ID NUMBER SUSAN M BOSER 2001 PAXTON ST HARRISBURG, PA 17111-1040 trrlllrrrLrdbrdLrrlLrrllllrrrrlrrllLrrllrrrrr7lLrIL 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. SUSAN M BOSER Chances. 1. Nona o Avdd IF "C" t e. Gna Fantod. YW rill haw a mnihrm grace period of 25 days rltlhhld 1hlslhte charge on new purchase Yoor average daily bdence by the aNY pemdodc rsle and to rwmber d days n tl? bt" by nY period. Due b rounding on a 7. Us' Your AccwnL Your ®rd oraCoOUrt t anrot be used in Connection ith s, whew balance transient, new spend Wrhdhaae and new ot basis daily a due to mini ance Change assay nr,L w any Internet gambling transactions. her dlmgss H You Psis yourlofal'New Balance' in there may be a varlana between INS calculadm erhd the a. Notice About Elactronk: Check Conversion. , accordance vdh the Important Notice fa payments below. and in lone for It to be aedad by your rend st te arrant d finance 3. Mnud Parcalala W (APR) N ?. When you provitlea Lion a a e o use d o h ay your Check to make orgsms a ment closing date. There is no prate period w rash advance a. The term'Mars, y appear ' ' C a pl trans r ale mb turd ftm your bank account w to process s a e Pedr tandem. In addition, teem Is no grace period Is APR on the traht l la talernrhL b If Pa a Woo trot the Payment yment as a Clerk rsrheadbn When use a n any balance .' you do not pay des total l 'New . the code P (Quarterly Prime L (Quarterly CD), a S (Bankord Rime a) yppe ms on R? front information from your dlwk to make an transfer. funds may be wrdrawn from your bank account as b. Ae France Cla g Charge. Transactions %"ch tiro n t of this statement nett to the Periodic rate(s), the periodic soon °s ft sane day we receive your payment, and you will o Subject to a pram period are aaessaW finance charge 1) rates and consepo ding ANNUAL PERCENTAGE RATES ma no, receive Your Check back from your Rnamcial naZt on. from the date of Ne transaction or 2) from the Class the transaction is processed to your Account or 3) from the fist y MY qurledy and mat, Incmaa or decrease based on Me aided ndkda, as farts in The Wall Street Jou nal. plus h BILLING RIGHTS SUMMARY (In Case of Errors a Ca.."" about Your BE) calendar day d the amen offing period. AddltlphMy, Of you Ad nor pay the "N- Balance' from ft reviou bl' t e margin previously disclosed b you. These d-9. b be affecdol on the Mat riser dyou h Period Covered by H you nh l your bill I. wrong. or H you need more a ee oa a lon a ea ft on se arsb h p s ng period in full, finance Charges continue to aarnu to your m your per iodic Summers ending In the months of January, ANY wal l t S ssib ddr p s eet o soon n as Poseml at tee address ter r y us shown on the Dort of unpaid balance urhlii ne unpaid balance is paid in full. is means that you may SIR owe fiance Change{, even l you pay ore mike fl B c. If tea code D M N Prime). F (Monthly LIBOR), or O (TAY LIBOR) appears on the Dan of o t e o fter hear state from OD or^ we ?m you the AM Ell on whk:h the errno later or problem ppe alter ou appeared. Von can cat as G s ew alance Indicated on the front of statement the red your by cbtlnc pate, but did not do y ur s atement yen b one periodic rate(s), the rata and Periodic m d as man Relations number, but doing a0 will not Preserve Your rights. In your later, prve a the fdlosiinp *, Unpaid sofa the prable s mont Unpaid Accom Charge, am adtled llthe applicable t uht esPO ng ANNUAL PERCENTAGE RATES may vary monthly and may na taae or d mmeasa based on the sWb d Information: name and account n~, to doter amount Paled error, a nest of the em rlptnn of the armor and an ChMag . For se, bi t c. Ap neasn Fkanc?e your FINANC E T to a f Inclose. a found d The r4al1 Star Journal, plus the mrtn treviouely d ou you These r e h e_lsnatlon, t Poolble, of wiry You belWw than is an error. or if more ink ri m AR h d FINANCECH g1ARGE dS0.5050 won oe {hum tidal of . pert ch e eneaw on the first day day of yer Ming period each month . ? M am u d cn, a description you aro. nsue about Vou do not have to pay any amount m Question T tl. Te ht P"ry to not aduNore in Flance l Darya. Mle resew to right gin to not asses any or aA flnsna changes for any pion . aaaamrr of Lan, OvadlmR and Returned P Fees. Under the lemhs of emret raen+e the your Natomer ePeerrharn, re s i ri ht to vshge hve am nwsdpaeng it, but you are awl OW19MW to Pay the Paris of your bAI that are not in question. WNIa wen nvacegES biting Denod. 2. A"repe Daly Babas( -Whig New Purchase) e g w or not to Stews arty lea WMod you v*h.ANft pdanotAmti ah to _ ouripht toassea the s i your Question, we cmrhot raper you a delinquent or take any action to the amound you quSstkm . of segment laS alatl by -110'AV the daily bet.. IS ' your apd0lrnt (e g cash edvrey emeas me. mAarfeea at na lalerli T 5. Re nwing Yaw Account H a memtlership fa appears SPOCIS! for Credit Card Pudwa f If Yw haw a Problem With the pmDy d Propert a i d . ., the cPPurchase, espordning special tlaily h'ararioksand Ws)W Dh he. be)een his s roe( s) n fea b on tlo Dan dyour staterrheret, You have 30 days from the datetatement was mailed to you to avoid paykg the y ven res ot YW Purchased with a Credit card and you have pied in good faith to Correct the Problem with the merchant You ma h You. At the and the nsy di Period, , wen to to Y scepter y to d of each tlaY during daily periodic rate for each Cr fea b have much fa credited to you H You Centel your axoud **W having to pay the membership fee. To l , y eve it. right not to pay the remaining mo e. You have this protection only at na purchase Puany or services. W Prim wen mor sated of your account to the daily alance of each b segment. Then at the end of the billing period eve add the "noe your account, YOU must notify us by calling our Gasman Relations Del"boahl and Pais yourTkw S l ' r e than $50.00 and the P rcase wen made In Your home stale or within 100 miles of your mWeV address. (If we own or o erat . rosufls Of ease dal almlelira to am. at finance charge for each aa your Periodic grrarq. W% anti u the r s d a eroe in full (excluding the membership fa) Prior to the and of she tart-ay period. p e the merchant, or N sm mailed you the anvaNasment for the Props" a services, all purchases re Covered tent f r th f re a dl p an s on an te of segment T to the ctrl o reourcd thrum charge for 6. If You Coax Your Account. You an request to close your aacuht by calling ear Customer Relati D o g r ess smart a location Of purchase.) Pleas nememb er to sign all corre . f r each Y account o p et b abes for e dally tim Segment yW Y the be he bepr fa each r each d ons eperormL YPu must destroy you sack ,d(s) anti account acaas Chad., anml l spond.. T Does at PPd Y to consumer nacredS Card Seprant and add WY whew 6aneection and sell ms and e firerany parirxlc charge alueeled on the Provna day's balance ear a Pretuthorizad bNlrg arts Caea Ong Your account, Auer Your wagon[ b roes, H n to traaad or no you urrxorha Does not sPdY to bwkasaroom-credit Party acowahrs that aepmsa. We tan Subtract any payments or ved a paled as Of non day tat re aJ.Pdad to that segment This ra ged not anal prauthodlad bRi aoer rardpr Of • n9 amarhtemhenis, wen all eora Charge your sombiatlte to keep your l One supports idormstion Capita privacy protection: see our Capital at h. . gives us the SOPWSW dsiy balance for each segmInt of account. However. H you pdtl she New Balance shown orYO1lh cCoUm oPm. Additionally, your account will not be dosed undid you Pay ait amounts you are us including: any CaPital 0% IS a federal Financial Corporation. Ali dghts saved. O 2006 Capital One your previoua Statement in fuY or H ( your new balance vac zero or a credit a d ), new ra v dh n to oh post s you hew authorized. finance charges, Past due fee, OVadmM lees, naurhed payment lea. "eh advance t Pe ass sag mer. hb are not added b our the daily asa a S ape belanae.d we pceurdeea tsplaests m ea end any 0"W tea to your amounts w un aaaunt. Y- are reaPanaible fa these amnuntc rtedhr they appear, m you e a balance by adding al the tlalN babores ptogether apa daily dlvidingl the am by tee number If the do, ys in the the and -am account at the tns you request to dose the account or pmy am nand suhagtent b You squat to does the accoua. billing g cycle, uE . To Calculate you cal fnSrm charge, mWtiply This may taut in darpea a uraaoum titerpu have requested to accant to be osed TC-08 01 BC6056 - 6 -12/21 ADS im pomst MAN: PWMft YN coal to a Is be ceded a ywsaant as dthe busYar deyra recrd q, pmrded (1) you Std the Dotlan Darin Of INS 1aWhent and Your bled in Sa endorse mdhNa Nvekhpe rd (2) yorPeYmrrt is naked in C rpoasasg amts by3 on.Ef(12 noon Pf passe dower sad flw(5)business aye for Dons, debry Peymass acaAed by is at sty War local. sin a ly dhsfam may rot be salad IS rime ay IS {aka Sam. Orbushels rya are Memay, bNpA Se0xtey, acdhdep lpiden. Pkeee do rot ue saps. Peter dipk etc. San Meat" Y. paymem Man YN Wier a deck as payment you sobaae a sear. use Hannonft-)- dark lo We a anti-tee samenicf.W rsaM Sam Y. ecmarora pourstlo paymrsredestamacYOn. "'Inseam elaneeaanlanaSOn tan ywrdea b messen eleaSSCtma aiWer.luMa maybe SE mnssmpSa¢ontreaNrtleana aY 1°erpayment and you wenotacEn yoadedrbeatam y.&.n Sasfahlbn. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. SUSAN M BOSER 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: $ - ? - 10 I A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ? w h d u cn OR c` s fi=t c31 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05532 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS BOSER SUSAN M 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 unable to locate Her in his bailiwick. /`^AfT1T T TTTT f AT^Itl T f"Ll u was He therefore returns the the within named DEFENDANT , BOSER SUSAN M 30 N ENOLA DRIVE ENOLA, PA 17025 GIVEN ADDRESS IS VACANT. NO FORWARDING ADDRESS NOT FOUND , as to ON FILE AT POST OFFICE. Sheriff's Costs: Docketing 18.00 Service 16.00 Not Found 5.00 Surcharge 10.00 .00 V 49.00 So answers.: - ., R- Thomas Kline Sheriff of Cumberland County WELTMAN WEINBERG REIS 09/22/2008 Sworn and Subscribed to before me this day of A. D. --u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. No. 08-5532 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE SUSAN M BOSER Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA L D D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6667351 _"o IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 08-5532 CIVIL TERM SUSAN M BOSER 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 fo laintiff 1400 Kop r Building 436 Sev nth venue Pittsbur h, A 15219 (412) - 955 WW 67351 SWORN TO AND SUBSCRIBED before me this C_;_1 day izz 72- cc)