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Home My WebLink About08-6319 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. LAVINIA E MARKEL Defendant No : CS -103,9 0,1v-, t -rerw, COMPLAINT IN CIVIL ACTION 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 06823744 C N Pit CFR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. LAVINIA E MARKEL Defendant Civil Action No 0 Fr- & 319 C 7v: I ftJ"K 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),NA 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: LAVINIA E MARKEL 815 W TRINDLE RD MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0037 . 4. Defendant made use of said credit card and has a current balance due of $4687.99 , as of September 10, 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 27.4008 per annum on the unpaid balance from September 10, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" 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 , LAVINIA E MARKEL , INDIVIDUALLY , in the amount of $4687.99 with continuing interest thereon at the rate of 27.400% per annum from September 10, 2008 plus costs. James C. rmbrodt,42524 WELTMAN, W INBERG & REIS CO., L.P.A. 436 Sev nt Avenue, Suite 1400 Pittsb rg , PA 15219 (412) 34 7955 FAX: 12 338-7130 0682 7 C N Pit CFR This law firm is a debt collector attemoing to collect this debt for our client and any information obtained will be used for that purpose. e one' NOT PAYING YOUR DEBT 500013 what's in your wallet?* DOESN'T MADE 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 &g 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 davs to keep your account from being charged elf. ® 2006 Capita! One Services, Inc. Capita! One is a federally registered service mark. All rights reserved 500013-08503 FINANCE Previous Balance Payments 8 Credits CHARGE Transactions Now Balance Minimum Payment Due Dab $3,626.25 - $0:00 + $86.34 + $39.00 = $3,751.59 $751.59 Nov. 30, 2007 Oct. 06, 2007 - Nov. 05, 2007 Page 1 crf 1 nL4SE tar AT UST THIS AAM M Platinum Account Visa Visa latinum Your account is six payments behind. ff we charge off your account due to late payments, we will report the -0037 charged-off status to several national credit bureaus, and the Purchase APR as ralleeted on this statement will be applied to all your outstanding balances. Act now to prevent this from happening. Phase pay the amount due Your Account Information 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** Capital One. TOTAL CREDIT LINE $3,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,000.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse fCorr important infamlation) Ballatce rate nding FRANCE applied to Periodic rats ?sire CHARGE Purchases $3,676.56 0.07575% D 27.65% $66.34 Cash $0.00 0.07575% D 27.65% $0.00 ANNUAL PERCENTAGE RATE applied ads pariod: 27.65% ® At Your Suvice 1.0004103.3037 To cad Customer Raldora a w report a lost orsrokn card: ® Saw payments to: CWU One Bank • P.O. Box 70864 • Charlotte, NC 28272.0664 ® Sand inquirlse to: Capital One -P.O. Box 30285 • Saft take City, UT 841N-M ® Have a question about a charge on your statement? Pbese refer to the Billing Rights Summary on the bade of your statement or visit wIvircapitalonitooddhoutes. 6056 506 1 07 5 071105 PLEASE RETURN PORTION BELOW V "Important Notice" Under Ore terms we Wwiously disclosed to you, your account a now eligible for an increase in Annual Percentage Rates (APRs) effective immedetely. However, Capdel One has elected not to raise your APRs at this time. Please be advised that '0 you fad to keep your account in good standing, Capital One reserves the right to raise your APRs in the future. Payments, Credits $ Adiuallmi tts Transactions 1 30 OCT PAST DUE FEE $39.00 You were assessed a past due fee because your minimum payment was not received by the due date. To avoid tits fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. 17 PAGE 1 of 1 01DM6056 4TH PAYMENT OR LOG ON TO W W W.CAPrrALONE.COM TO MAKE YOUR PAYMENT ONLINE 0 4862362419620037 05 3751590130000751599 Capd11 orle" I what's in your wallet?. New Balance Minimum Payment Due Date $ F 3,751.59 $751.59 Nov. 30, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Endosed Capital One Bank P.o. Box 70684 1111111811111111111111 Charlotte, NC 28272-0664 111111111111111111uLJ/111u111111L1111Ld1111111111111111 Account Number. 4862-36241962-0037 Please print address or phone number changes below using blue or black ink. Address Nome Phone Alternate Phone E-maN address #9031171359788695# MAIL ID NUMBER LAVINIA E nARKEL 615 Y TRINDLE RD nECHANICSBUR6, PA 37055-4056 1U1111111[III 11111111 r 111111111101111 IIfill 1II I r 111.11111 Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. LAVINIA E MARKEL 1. Hoer b Avoid a Fkmnce Charge. T a. Oraee Mrsd. You wM haw a mW*n grace paid d 25 days WMrd hrnoe Chrtor on nerr pnchaaas, raw tMas I traskes, new spacial p,adhases and new other kvrges r you pay ycur total •Now Bmence•, n aCNr. me with the Impartent Notice for psynonb below, and In time for N to be ostlsed by your payment dus dab Thera k no locus period on Gosh ad amoss and spacial baMes. In addaon, taro is no precis period on any banesdfon N you do not pay the load Tkw bcimcs.' b. Accruing Finance Cherie. TrasadlaM a$ idh are not snb?ed in a pace period now aenased Ina nce cola 1) hen to data or to transaction or 2) turn to data On humadion is Woasesed to your Amount or3) from tm fret calendar clay of dm data bNg period. Additionally. Nyou m oat pyts lisem Bdw%W from gm Provide bWg psrbd in fu, firma nihargss mhWns b so mo b your unpaid ballnGo a,M the unpaid balance k pas in full. This moome that you may aW owe fiches dirge, even N you fay the ands Now Bator= Indicated m the sad d yw metorwwa by the perrrd due date, but rid not do so for the PmA s montll U(Pald finance duaw am added to did applicable sailmont of your Account t c. sihinean Finance Chsgs. For aaeh bihp period ns your amturtkahOJercbafiso I ga,a MWi tOMI FlNANCE CHARGE dt0.60 wll ke khhPosed. t d. Temporary lbduoftn In Phance Charge. We neser m am right to not assess ay or all flow" changes for arty giwn bill" paridd. 2. Amapa body Batesa linchull" New Podhacoc). Fuca theta Is cafaYakd by nmi plykg the day balance of each segment of your account 0e.0, cash advance, wchow sfachol tomato and spacial Wchow) by the mraaponfsg clay periodic MIN(a) too has ban We"aly d ockead to you. At the and of osh day during; Ow bOn period, era appytm duly pModk rot for rsc h uprom of your aoomm to to day belenca of each Mono Thm Mtmanddtm MBngperiod,orsaddupas results dtwe day oeladc6 m to srhs at your psrledk Moe charge for each sapient 1Na add tip tit maelde from each asp m1 b onto ataobM poriwefire dogefor ywa outTogotahodaybalstosfar each segmentd your owmat oe Ishe to buillor rg belerce for each satomard and add any nowVWMON sand any pwkxk Ruled charge Golddkled on 00 provlous OWS balance for tM oc. Nis Men ShMaypaynwftaaeds poMW-daMdytMareabatedbtMMWs .This gm us s the separshe duty balarw for awn satinet of your account However, If you pad rid Naar SWOVe shown on your psNda statement in U (or 6your moor bWnca was acre or • WNW around), row frnaadbm, which pod to your Pachuca or special parctess ocpnmrh - aro not added to the day bMmoes. Ws, celdame me overelle tally balance by addkg at the duty babro b0etr and drvidmg the son by the number of am days in the numant b&V vide. To cabdme your land Mhos doge, mWbpy yw-saga day bd.- byte ddy periodic mW and by lwwmad drys b M bfeg period. Dm b rowm ft m a day back or Mm Io mlatesn inane chortle asesm doll are may be a wuWVe betwoon Via n Walon and did smwm of trroa dwge aoaely assessed. 3. Annual Pemomag o Rates (APR). a. The Corm `AnrnM Pemersatls RW may appear as WR• on Ow from dais statement b. N is hods P (Ouatory PrlmoN L (Qerry LIBOR), C (Quarry CD), or S (Bmkcard Rime) appssrs on the from of this ntetemsm nod No Me pemodle ask(s), to periodle rest and omh'acPor - ANNUAL PERCENTAGE RATES may my quorlary and my khoaaea ndaores 6aaed m the stated kdldat es bird in The Wall StrsM Jouaral, Plus is margin psiously disclosed to you Timse doges wA be eNeedw on tm fiat dy d ydw bft period rib aed by your parbAc comment adkg in the mantle dJammry, April, July aid October. c. N the coda D (Alonoay Prtoa), F (Monthly LIBOR), or G (Thessmy LIBOR) appears on ft from of yaw stsumerd rood to to Pafortc red(s), dw Pmlode rates ad mrespaMnp ANNUAL PERCENTAGE RATES nayvay nsnliy and may housse or daaease bred m tlm.sled indlow, as found b Th. Wall Strust Journal, Plus do margin wevio dy disclosed b you. Thus changes will he etadve on to tM day of your bMN period Oath mmM. 4. Asrsanrit of L oW Owaclsit and Ratrassd Pymsahrt Frs. Urdar the toms of your amlahw apwrh.m, m realms is ripe to wave or not to mom any ices vrithoul prior notl6nsmbyouwMrawahAV wrddMtoaessests owneor skutarfar M ¦ lasrtena. T5.Ranwkhg YraAocsas.M• nemovall fanppeas m is from dyw MWnea, you ter 30 drys from the des Ala$Woe wdores rotted teyoubaura PWAV tls low or to hoe such he aadilatl to you N you cord your account wMau having to pay tt nowntom lip M. To anc?a your soomink you must oft us by calling our Cusbnsr Relators Dopsrbra and pay your "Neow Balance b fed (aadudkg the mmnb s* fae) prior to rite and dins o irb iiay peached. Q If You Cass Yaw Account Yoh can ngwt to dose yaw amount by cling our Customer Refsto w Department You must destroy yaw asdk oad(s) and aomnM sorts dads, rahoel all prowdmnnd MOM and cocoa tskg your amount After yaw request to doss. N you continue to Corral or do nd creel pmoudsdsed bOM m eigrwrs, we era msidw race" da drp your amrhMm to keep your account push. Adaewmly, your smoum vA not be dosed urd6 you pay as amcuW you ass us Including: arty tmsoWdy you ter cadolaW, hence dsrges, paid did hoc, werhmt tees, retuned payment tees, cash Advance fees and my otlmrfaoc sine to your amount You w raspansbla for thus smcuts whathertlry appssr on your attMlm Mill ant you request to clot Me amount or they SM ktvhxd wboagsm In your sgwt In dace Ms b0 out TMs my must k drgr appac I n m ywaocaum afir you have requested am account b be dosed. -- 7. UYng Yam Arammnt Your and or acmum carhnd be teed in connection wan any Internet gambling; transactions, S. Math Abaat Electronic Check Canvandoo, Wh on you ofovde a deck oc payment, you edhbrloc us ~ to use k lemnsion ham your khakis to mars a matime dookonle fund common from your bank accord or to proceac the payment as a dsdc tmmalkn wan w use hfamactun from your I I to make an akromle fund! Bandar, ark may be hMMdroom frost )Woo bank soxum as sea as the acme day era recolve your pw~, and you wilt not receive your dhark back from your hunch kvftbm. BILLING RIGHTS SUMMARY (In Coca of Enos or Questions about lbur BB) If you fkk yaw bill Is rag, or If you nand more ktfdmnetlm an ¦ transaction or toll. wma b us on a sapanaRS alast as soon oc packs at aM address for ingMlaa an~ on to tray of Via euaeraent we nrM hr frorn you no ssr than So clays alter w am you the that bM on which ft anor or problem appeared. You can hall w CUSbrrw RWYo s mwroa. but doing so will not Wawa your nods, In your tetlr, tons us one Jok-W brrs0unn: your mum, and aaaum monber, tm dda amount of the sspeead amt. a dacadpm, of the war and an e1ptelMbn, N poskle, of why you baseva two Is an erer: or N you need mss tidmesm, a Asaafphon aft town you am unsas agWL Vow do not haws to pay my amount m question whir we im YwaoodW K. But you am tiN WIDOW b pay it pas of your bM Mat am not In qutoodo . WMS we kmasagak yw *m6m, M -ad mount you as deknWmt or take ay action In os6ad the amo ut you question. t t Spatial Rile for Credit Cad Rrrdows N you has a proMan will, the quiAlle of wopery or savior and you Ourrehascd win a as* card and you ter tried on toood fain b dated do problem wain the muchent. you may have On rOt not b pay to randllkg amowd dus on to popaty or ow does. You have this protection only when Me phadw pie was more dent MOD and ts, pudoes err mods in your home time or wain 100 mks or your nulling address. (If as own or operas the msmhrm, or If we meted you the advartlph,sm for is pmpey a swvioss, aN pudw N covemd rotlandI of among or location of p rcham.) Prose miwnbw to sign all aomraapaderoa. T Does not apply to wwansr noncsdY cW accents $ Des notapyb buWws no"mdk card accounts Capitol One supports information pmmoy proscdon: sea our mat MnMMRNJ AMM. Capital One it a fadw&Ny registered wvws mark of Canted One Financial Corporation. N rights served. O 2008 Capital Or O1DMBW-1.04110107 YrparbmR Note: PaPhmu you and to to M to asdbd to yaw"D"n" dto kokam day era nceke A phmbad (1) you end it. botkm palbn of *6 sbWndWof yards in to round vfMW=amuWav cad (2) yarpyert k haacsdh mac prooa. apex by3pm ET(12nos, Fr).PtesawMMmMa(S)kdkmdyeforpmmdeny. Pay no markedbyawayodwboomwh orhy atlerfam my ho te asclatl r dswhyr naawtllsnu ar bokss osysaMOhdeY tlaahplh `fme'sef, ehddiq tday Plere ro not w aRbs, psprdp, eb. who pspalg ywerpapmm CAPITAL ONE BANK (USA), N.A., Plaintiff, V. LAVINIA E MARKEL Defendant(s). VERIFICATION 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 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: 'o' ette Miller Ant A049 WELTMAN, WEINBERG & REIS CO., L.P.A. C'a .4 r .: qu, ra Q ea "?1 C?7 MM w C,? --ri cn -c CAPITAL ONE BANK (USA), NA Plaintiff No: 08-6319 civil term vs. COMPLAINT IN CIVIL ACTION LAVINIA E. MARKEL Defendant To: LAVINIA E. MARKEL 815 W. TRINDLE RD. MECHANICSBURG, PA 17055 TRYING TO PAY MY BILLS We were paying our bills till my husband loss his job because of his doctors making his weight restriction. I work 6 days a week and we are trying to pay all of our bills. We fell behind and then we went to the Freedom Group and they are working with our credit cards account. They paid one of my accounts for me and they paid off two of my husband. They are working on the capital one account. We are trying to pay our bills with the help of the Freedom Group. My account for capital one is being handling by the Freedom Group from California. Phone number for them is 1-866-302-0422. The person in charge of my account is Lori. The fax number is 1-858-530-0412. We are trying to get everyone paid. I just can't do it my self I need to ask for them to help us. Thank You Lavinia E. Markel October 28, 2008 m ? m F ; T %? SHERIFF'S RETURN - REGULAR CASE NO: 2008-06319 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS MARKEL LAVINIA E MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MARKEL LAVINAN E the DEFENDANT , at 0008:43 HOURS, on the 28th day of October , 2008 at 815 W TRINDLE ROAD MECHANICSBURG, PA 17055 by handing to LAVINA MARKEL DEFENDANT 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 .00 Surcharge 10.00 / b/ 3o?d P ?4.,. .00 ,,/ 3 7. 0 0 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/29/2008 WELTMAN WEINBERG & REIS By: Deput Sheriff of A. D. ` if IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No. 08-6319 CIVIL TERM vs. PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE LAVINIA E MARKEL Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA 1. D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06823744 I -I. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. LAVINIA E MARKEL Civil Action No. 08-6319 CIVIL TERM Defendant RAECIPE TO SETTLE DISCONTINUE AN END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OFICUMBERLAND 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. SWORN TO AND SUBSCRIBED before me this day By: Attorney for 1400 Koppe 436 Seventl Pittsburgh, (412) 434 ing 15219 44 R L E D - 0 w `CF OF THE PRA?TH:?AKNARY 2009 APR 14 AM 10: 14 CtlMI :- . :vv'NTY