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HomeMy WebLinkAbout08-6669C ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: d$ - bw'09 Oiv;l -re-rot vs MEGAN BOUDER 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 06944608 C N Pit TSW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No MEGAN BOUDER 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),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: MEGAN BOUDER 604 N BALTIMORE AVE APT MT HOLLY SPGS, PA 17065 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2387 . 4. Defendant made use of said credit card and has a current balance due of $1304.13 , as of September 22, 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 September 22, 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 , MEGAN BOUDER , INDIVIDUALLY , in the amount of $1304.13 with continuing interest thereon at the rate of 28.100% per annum from September 22, 2008 plus costs. James Ca=NBERG rodt,42524 WEL & REIS CO., L.P.A. 436 Se en Avenue, suite 1400 Pitts urg , PA 15219 (412) 434 7955 FAX: 412 338-7130 0694 60 C N Pit TSW This law firm is a debt collector atte4dng to collect this debt for our client and any information obtainedwill be used for that purpose. C-1~0ne• NOT PAYING YOUR DEBT SWO13 what's in your wallet?' DOESNT 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 to keep your account from being charged aff. ® 2006 Capital One Smites, Inc. Capital One is a frderaUy registered service mark. All righn reserved 500013-09503 Previous Balance Payments 3 Credits $840.95 - $0.00 + FINANCE CHARGE Transactions New Balance Minimum Payment Due Data $20.36 + $29.00 = $890.31 $390.31 May. 07, 2007 Mar. 08, 2007 - Apr. 07, 2007 ON Page 1 of 1 REAM PAY AT LW nos AMWNT Visa Platinum Account 1862,7 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 Your Account Information 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 acoount and start rebuilding your credit with Capital One. 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 information) Balance rate Periodic Co ding FINANCE applied to rate APR CHARGE Purchases $851.68 0.07712% D 28.15% $20.36 Cash $0.00 0.07712% D 28.15% $0.00 ANNUAL PERCENTAGE RATE applied this period: 28.15% ® At Your service 1806863,7837 To car Cutanw Robson err b report a brat or abler cad ® SOW payments to: Capital One Bank • P.O. Box 70MM • Charlotte, NC 28272.0884 A Ssnd Inquiries to: Capital One • P.O. Box 30285 • Sall Lake City, UT 64130-0285 "Important Notice" Under the termer 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 lo rise 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. Payments, Credits 8 Adiustments Transactions 1 07 APR PAST DUE FEE $29.00 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 wa be reinstated once your account is no lager 90 days past due. You may still be eligible for benefits to be paid to your account for bas events described in your Payment Protection agreement. Cell Sbnebridge Benefit Services at 1.886527-M 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 fa your minimum payment to reach Capital One. 6056 506 1 7 cmayow& I what's inyourwallet7• 0 4862362644462387 07 0890310033000390318 New Balance Minimum Payment Due Date C$890.31 $390.31 May. 07, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed C :3 Capital One Bank P.o. Box 70884 Irlralaaallallllllrlll Charlotte, NC 24272-0644 IIILILIIIaaIIIIIIILILIIIaaaIIlLLaIarLIIIIILIII 11111 Ill 070407 PAGE 1 of 1 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT Account Number. 4862-3626-4446-2387 Please print address or phone number changes below using blue or black ink. Address Home Phone Aftemate Phone E-mail address Q #9009879111976493# MAIL ID NUMBER MEGAN BOUDER 604 N BALTIMORE AVE APT F MT HOLLY SPGS, PA 17065-3925 U1116UIIIIO116rr61aa1IIIIIIf I IIifl16IIIIUI1U6661 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. MEGAN BOLIDER 1. New to Avoid a Faanoe Charge. t a. Grace Period. You will have a miNmum pea period of 25 days without Msrce charge an now ounrhres, new belena Wermallem, new special purchases; and now other charges M you pay your lotal *Now Balance. In accordance wih tM Important Notice for pMrwnls babes, and in fine for kb be drilled by your nold ra6merd doming doe. There 6 e grace period mash adwrress and special trrWers. In addRou Boa is no grow period on any transaction Myou do not pay the kftl 'Now bManw.- b. Aemang Finance Charge. Tr&n"oftm which we not wild y a gran period sa aaaasaad finance charge 1) man the dW of do arsedion r2)km the date tha transaction is praeared to your Account or 3) Fran the final calendar dry of the corned b6g prod. Addtlareilyf If you did net pay Ma'Iew Balance- from the previous Mmog period In full, Munn charges aodn" to aornr to your unpaid balance, will th unpaid balance is paid in ful. This mars oar you may aiR owe flnanw charges, even M you pay the sndre New Sales Indicated on tlo hod of your statement by the road stalwart closing dote, but rid not do r for the pravfmw rroav Unpaid finance charges are added to to applicable maprwrt of your Acoounf. t c. Mnkwan Foam Chepe. For sea billing period that your amoud Y sub)ad to atahercn dome, a n*dmun low FlNANCE dtARCE of 110.60 wN be Imposed. t d. Temporary Reduction in Finance Charge VA mom the right to not umn any or of fkwnce charges for any given billing pwW. 2. Avenge Dam Balance sckrdng Now Punhaaes} Fierce charge 6 csioaeted by nWilp1ft the dally balance of each wrpnernt of your sao rm (e.¢, cash advance, pwchan, special anrfr, and special 1, , - set by Me corresponding daily periods rays) Mal has bash segmerd. Than stns and of to billing period, we add cep the nob of class doily cdc lslbe b rrive at you periodic Branca charge foream serard. We add cep the resub *w each "Wren to arrive at thetoW Periodic 1arnee charge fo ycuraooouat TOgalhadaay' f1brosch segment of you soot nt.1st Lla he begaeaihp balace far mach tat aegrmws. Wa hen suyndaypeywom or credAl posed r cif W din hai are atoraled b clot segment. Thr gives us th rparay doily behem for each segment of your 8=.L How. N you paid the New B.L. shown on your Previous staWnant In fug (r Myaw new baWha was lro or a refit amourdl. now transactions. which post to your purchase or Speuai purchase seyynents cow not added to the daily balances. We alpcse the average daily halanoe by adding N the dally h.Mcas loge her wW dividing the sum by the number of the days in he amd baling cycle. To calculate your local finance charge, multiply your average daily bow= by the doily Periodc row end by he number of days In to U" period, prone to mundrg m a daily brit or due to mWimu m Manna charge were nenk gin may be a variance boh~ Oft calculation rd the amount of finance charge ActWly, arrrd. 3. Annual Percentage Ray, (App), a. The Ism 'Annual Pemeealago pace" may aPPor as Wit' on ha two of this eyyma t. b. M the code P (Ouwtwly Primy, L (Qrrlwy LIBOR), C (Quarterly CD), or S (Bricwd Prime) sop- on the front dada steWnere nest to to pdodb yte(a), he periodic raise wed Omespor d"ANNUAL PERCENTAGE RATES may 1-Y quarterly wW may boner adwa.ra bred on Ma doled kh I as ford in The VM Street Jou n i, plus the margin pravioudy dclosed to you. Tate clangs, wit be selective on the M[ day of your being perod auarsd by your Perbdc showman ending in ear months or Jrnwy, April, July and Oct.W.. o. M ha code G PA." Prime). F Monthly UBORJ, or G Ohmmtay LIBOR) appears on the front dyer eWW.rn next to to pnlwk ray(s), to periodic rays and crrespodlrg ANNUAL PERCENTAGE RATER may wry mrwny end "rosy home" or deorp bed on Ma sated Inclose, "found in The Wog Saeot Journal, plus the margin previously disclosed in you. These congas'" ha oMoosw on do Met day of your bBhg Period each mrdr. 4. Aaeeawasog of Loge, OvadbnB and Returned Payment Fees. Unds, the tuna of your Galmhr spawned, we mares he right to waha or not to acre any khes Whout prior ndRagmb you WMcutwaha gourriyebarses tie aamea aanbry"at¦ lelrkms. t 5. RanwhI YourAaeeure, Its mastership few OPP"M m tlo front dywr ggemwq you how 3O days Ern he des #6 dooms" we coiled to you b avoid paying do lee r to have such M mchad to you M you anal your sooorM Whwd having b pay the member" fse. To arVal yaw account. You cwt nosily us by coming our Cabmer RelaMoe DapaMam and pay your "Now Balance In lug (excluding tlo rwsmbwahlp feel prior to fns and dthe Ihirtydy Pedod. S. M You Close Your Account You oan nquem to dose your swoons by calling our OAWw R"" D"wera s. You must destroy your Orldit orwai aPnauhrtred baling e? are noun dada, using your account Ater your recluses to ekes, M you mnMwr to aaraact a do not anal presudhorized bang anwgenwm, via sail coraNrrecalls da charge ycuraWwrteWon b keep your accord Open. Additionally, your wDount will not be closed . until you Pay r amounts you owe us including: any VMUCMha you haw authorized. Rance damp", post due fees, WWI"* Nee, roomed paym at lass, rash wlvwwa fed wW any oswfer wheessad b your account. You we r"poaw. fa twse wmwnfa Wades Maysop- on your oocoint et the has YOU requ"[ to does he aocuunt r they an anumad subspumt to your request to dose to account . This nary mull N drges epprww, on your account after you hew rpurnd the anmaa b be dosed. 7. Using Van Account Your card or account cannot be used in connection with any Inhmat g wiblkp paroactlons, 6. Notuw About EIse6nnk Cheek Conversion. When you provide a check as psymen6 you authorize us sites to use mkmwian from your clack to awks a on?yme . . It kind Verhaferfrorn your bwi aosoM.a to process the Ptgermst as a dads tm6acagn. When we use inlomatlm main yourdads b make an sirI icUW hanW, Rios may be withdraw fmrn your bank account r soon as to soma dry wo Mow" Your Psyrmhaet, and you will not receive your check beck from your6andsl institution. BILLING RIGHTS SUMMARY Qn Coe of Errors or G *mdww abed Your BR) 0 you think your bill Y wrong, or Myou need muse Informed- on a Imadien or big, Mesa b r on a soPente show r own es pouLls at he address for ingiri" shown m the from or sit stetemrn We must how mom you no Ise then 80 days after we amt you the leer nil on which the error or problem appeared. You an all our Custom Retedns numbr, but d"g so will not pmerm your rights. In your War, give us the following bdorrwbn: your name and acouunt number, tlo tldr amount of the suspected awor, a daocri ion of the error and an explanation, M peashle, of why you boom care Is an snow, or if you wed nom information, a description of the item you am uns ms about You dos not haw to pay any amount in question why we an Invrtga i g k, but you am will oWlpsed k pay the Pace of your bill diet re not in question. Who we Investigate your question, we cannot report you as delinquent or tea any adios to nomad hate amount you question. S. t Special Rub for Credit Card PWdrtet Myou have a problem with ale quality of property or services that you puehwd wih a aadt ad and you have and st good Wth to commas the problem wish ft mordant, you may have he right not to pay the remaining smo rd clue on ft is costly or senAces. You have MW pnsydbn only when the polar price was name clan 550.00 and the purchase was made in your home sure or within 100 m0es of your mesbg address. Of we own or operate the merchant, or d we mailed you the adwrtlesnarat for sin Wmpwty w swvlm. of padmn m avared reprd6r of amoud or loo of purchase.) Pleas romrnbor to sigh all correspondence. t Dome not appy to consumer no n-clif card mownnrrs q: Dow notSo*So Wahneer rndnr.df and accounts Capital One supports Wormsim privacy protection: sea our w..hab M 1 CWW Oa to a federally rogleband aerate mark of Gaoled One Financial Corporation. M rights reserved. 02008 Capital One TC.08 OISCW56. 6 -12r2im a.4er6nal MDUm PayeryesmaginrwMbe=dVAdbymummtroffshwainmdsye IwW gprvddog(1)yonasdtlo bdompmiondfriaommesusedyardedhthe Isog wdWmmWWrte(2)Wwpfpalkmm%vdhace prasie. aiar y3pin.Ef(12nomFf}PMerallowar6wt0e(f)barerdspfrrprisideMy.Pap - aec"bywwagotterba6nrh coy Ow rmayabecardrdlsdaymao I farmOrl I drys we Mosey Maogh Stanley, aaddig IcMhpt Plea do not we supes, paper dom, rte wyn Wpeneag yon imprat. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. MEGAN BOUDER 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 -- O -1 -,a ©D8 ?' E A Barbara Edwards A049 WELTMAN, WEINBERG & REIS CO., L.P.A. O ..2 W 'P O 00 6 y { C' -0 Ti r- _? rY? i.77 D SHERIFF'S RETURN - REGULAR CASE NO: 2008-06669 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS BOUDER MEGAN KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT NOTICE was served upon BOUDER MEGAN DEFENDANT the , at 1456:00IHOURS, on the 13th day of November , 2008 at 604 N BALTIMORE AVE APT F MT HOLLY SPRINGS, PA 17065 LINDA BOUDER, MOTHER by handing to a true and attested copy ofI,COMPLAINT & NOTICE together with and at the same time direct ng Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.00 Affidavit .0 Surcharge 10.0 l?w?JO? ?t•. .0 34.0 Sworn and Subscibed to before me this So Answers: R. Thomas Kline 11/14/2008 WELTMAN WEINBERG REIS B• day of A.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. MEGAN BOUDER Defendant No.08-6669- CIVIL TF,RM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D Urban, Esquire PA I.D. #90963 WELTMEN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR#06944608 $1318.90 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 08-6669- CIVIL TERM MEGAN BOUDER Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, MEGAN BOUDER, in the amount of $1318.90 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, W INBERG & REIS CO., L.P.A., By: _ Attorney for Plaintiff MEGAN BOUDER, By: DefE WWR#06944608 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 08-6669- CIVIL TERM MEGAN BOUDER Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, MEGAN BOUDER, above-named, in the amount of $1318.90 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $1318.90 with continuing interest thereon at a rate of 6% per annum plus costs from Date of Judgment. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, MEGAN BOUDER, in the amount of $1318.90 plus continuing interest thereon at the rate of 6% per annum from Date of Judgment and costs. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $105.00 due by January 31sT, 2009; (b) $105.00 due on the 31sT day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "CAPITAL ONE BANK (USA), NA." 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 1400 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9 20 0'. By: v Defendant, BOUDEK Intending to be legally bound, the parties set their hands and seals this _day ofl , WELTMAN WEINBERG & REIS CO., L.P.A. By: A. .. Matthew D Urban, Esquire PA I.D. #90963 WELTMEN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR No. 06944608 O 0 0 Q. fi op q a c N ! w -+ ..0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 08-6669- CIVIL TERM MEGAN BOUDER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $1318.90 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary MEGAN BOUDER 604 N BALTIMORE AVE APT MT HOLLY SPGS, PA 17065 By: PR ?j_NOTA EPUTY)