HomeMy WebLinkAbout08-7183I I
IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff No.
dg 8?3 Crv?? E?
VS.
COMPLAINT IN CIVIL ACTION
NOREEN GARNEY
AKA NOREEN K 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
06836856 C N Pit BNT
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS. Civil Action No
NOREEN GARNEY
AKA NOREEN K 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 fol?owing 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 warne that if you fail to do so the case may
proceed without you and a jii,,dgment 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 AFF RD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHE E YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TQ 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) 24 9-3 166
I
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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:
NOREEN GARNEY
8 N MARKET ST
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX$519
4. Defendant made use of said credit card and has a current balance
due of $1572.03 , as of October 01, 2008 .
5. Defendant is in defaultlby 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
27.400W per annum on the unpaid balance from October 01, 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 , NOREEN ?ARNEY , INDIVIDUALLY , in the amount of
$1572.03 with continuing interest thereon at the rate of 27.400 per
annum from October 01, 20081plus costs.
James C W rodt,42524
WEL W INBERG & REIS CO., L.P.A.
436 S en Avenue, Suite 1400
Pitts ur PA 15219
(412) 43 -7955
FAX: 4 -338-7130
0683 6 C N Pit BNT
This law firm is a debt col ctor attem ing to collect this debt for
our client and any information obtained will be used for that purpose.
41
In fact, even if we report your account as charged off, you'll still be responsible
foripaying 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.
?u 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 Capita! One Servick Inc. Capital One u a federally registered service mark. All rights reserved 500013-09503
CopiftlOne' NOT PAYING YOUR DEBT 51=113
what's in your wallet? DOESN'T MAKE IT GO AWAY.
Previous Balance Payments 3 Credits CHARGE
$1,144.82 - $0.00 + $? .40
Oct. 10, 2007 - Nov. 09, 2007 Page 1 p 1
MasterCard Platinum Account
5179452045145519
Your Account Information
TOTAL CREDIT LINE $700.bp
TOTAL AVAILABLE CREDIT $0.
CREDIT LINE FOR CASH $700.
AVAILABLE CREDIT FOR CASH $0.
Finance Charges (Please see reverse for important inform;
)
Balance rate Periodic Corresppdrng FIN CE
applied to rate PAR C GE
Purchases $1,166.89 0.07575% D 27.65% .40
Cash $0.00 0.07575% D 27.65% .00
ANNUAL PERCENTAGE RATE applied this period: 27.6591,
oi? At Your Service 1.900.9013637
To all Custansr Rea Ions or to report a lost or stolen card:
® Send payments to:
Capital One Bank • P.O. Box 650007 - Dallas, TX 75265-0007
A Send inquiries to:
Capital One - P.O. Box 30285 • Salt Lake City, UT 84130-0265
® Have a question about a charge on your statement?
Please refer to 61e Billing Rights Summary on the back Of,
your statement or visit www.caoitalone.comldisoufes.
\ Transactions New Balance Minimum Payment Due Date
J+ $43.00 = $1,215.22 $515.22 Dec. 04, 2007
PLEASE Far AT LEAST MS AMOUNT
Your account is sic 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 9 you fail to keep your account in good standing, Capital One reserves
the right to raise your APRs in the future.
Payments, Credits 8 Adjustments
Transactions
1 03 NOV PAST DUE FEE $39,00
2 09 NOV CAPITAL ONE MONTHLY MEMBER FEE $4.00
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.
6056 506 1 07 9 071109 PAGE 1 of 1 OlDM6056
PLEASE RETURN PORTION BELOW ITH PAYMENT OR LOG ON TO W W W.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE
CapftW Iar' what's in your wallet?'
New Balance Minimum Payment Due
C$1,215.22 $515.22 Dec.
PLEASE PAY AT LEAST
THIS AMOUNT
Amount Enclosed
Capital One Bank
P . O. Box 650007 111111111111111
Dallas. TX 75265-0007
1111111111111111111111111111111111111111111111111811111111
IO 5178052045145519 09 1215220020000515221
Account Number. 5178-0520-4514-5519
Please print address or phone number changes below using blue or black ink.
Home Phone Alternate Phone
f-mail address @
#9031445560145642# MAIL ID NUMBER
NOREEN GARNEY
C/O THE LAY OFFICE OF RICHARD A BRENNAN
23123 STATE ROAD 7 STE 250
BOCA RATON, FL 33426-5477
loll 111111,13611111111111111h111111ud111d1LL1111111L
EXHIBIT
1
T
Please write your account number on your check or mon order made payable to Capital One Bank and mail with this coupon in the enclosed envelope.
NOREEN GARNEY
1. How to Avoid a Finance Charge. '
t a. Grace Period. You will have a minknun emu period of 25
days witleut finance charge on new purchases, new
balance frwfore, naw special purchases and new otter
areas t you ray your had 'Now, Balance, in
accordance with the Impabm Notice for peymens
below, and in time for it to be aedtad by you payment
due dale. Thee is no graoa period on cash advances
and spaced tri mfas. In addition, them is no grace period
on any transaction it you do not pay the told *New
balance.'
b. Accruing Finance, Charge. Transactions which am not
abject to a grace period err assessed finance charge 1)
from tlr dent of fir bamoc ion or 2) from fire dos the
transaction is processed Io your Account or 3) horn tle Ire
calendar dry of the current berg prod. Additionally, If you
did not lay to -NW BeWhu' from the "sous hill g
period In fut. finance charges Continue to sovue to your
unpaid balance will to unpaid balance is paid in full. This
means the you may all owe flname charges, awn t you
pay Ina acre New Balanhu indiceted an the from d yea
aasment by the Payment due date, but did not m so for
am previous madth. Unpaid finance charges ere added to
the applicable segment of your Account.
t c. Wnimun Finance Chugs. For .on helrg period that your
amount is ublect to a "runts chary., a mirirpn tall
FINANCE CHARGE of $0.50 will be impos.d.
t d. Temporary Reduction in Finance Charge. tents reserve lane
right to not assns cry or at OrrnCa charges for any given
Meg period-
2 . Mange Daly Balance Onckudinp New Purc haaas4
Finance charge s calculated by muNpyleg the daily balance
down sagment of your account (e.g., cash advance,
purchase, special hurler. and special purchase) by a.
urtaepodig dry psda0ic rote(s) that has bean
previously disclosed to you. At the and of each day during
the bane period, we apply ft daily periodic rate for each
segrnent of your account to the dally balance of sch
segnert. Than at tie and of ft Elpkg period, we, add up the
results of trsa dally CalaYaloa to arrive at your periodic
fahan Ds Charge for each "Where. We add up she results from
each segment to ariw It to and periodic Mace charge for
your .. To gal that daily balance for each segment of
your acrwum, we, bake fir beginning balance for each
segment and add any nswtrassxtom an my periodic
finance charge Cakadebad on err previous day's balance for
that segrtrus. We awl nMart any pey+rwas ar Deft
pasted as dare dry that am aloesld so thal segment. This
give us the separate daily balance for each sagnowil. of your
account However, t you raid fir Now Balance shown on
your previous statement In furl (a If your new balance was
zero or a aadit amxtunt), new transactions. which post to
you purchase w special purchase segments are not added
to the dally bolnoss. We Calculate the average daily
batrhm by adding ¦l the dally balances together and
dividing the arm by the number of the days in the cumem
billing cycle. To Calculate your Intel fimnte carpe, multiply
your every es daily bd-mby the daily periodic met and by
the number of days in to Mire puaiod. Dus b headline on a
day bees or due to minimum fiance charge assessment,
dire may be a varlance between this Calculation and the
smo Cat== sllhldly
assessed.
3. Amwl PsrceaYge Rasas (APR).
a. The tern 'Anal Percentage Rate" may appear
as •APR• on to from of this statement
If the code P (Ouadary Prime} L (Quarterly LIBOR), C
(Quertedy Cl or S (Banknm Prime) appears on the from
of fits statement next to the periodic rate(s), the periodic
rates and Corresponding ANNUAL PERCENTAGE RATES
may wry quarWy and may ihQYM. decrease based on
the stated indices. as bud in The Wall Street Journal, plus
the mares previously doolosed b you. These eherhps will
be affective on the fires dry of your blip period covered by
your pehtodic stoOmW ending In the months of January,
April, July and October.
. N the rode D (afonthly Prime), F (Monthly LIBOR), or G
(Treasury LIBOR) appears on fir fmM of your statement
next to the periods ms(s} tar per oMC rasa and
rGrrasPaxting ANNUAL PERCENTAGE RATES may vary
monthly and may irwaass or aerie based on fir Iced
Indices, m ford in The Well Stmat Journal, pis me
megin previously discoed to you. These Charges will be
!Rehear on the trot day of your billing period each mho.
4. of Las, OvrNmR and Reserved Payment
sea. Under the toms of your customer agmerrm, we
ewe tar right to welw or not to aasees any fees without
riornottkatlon to youwchoutwavag ourriywro etaess the
a shnitertes ua IWrtime.
t Resuewahg Yb r Accost. If a oham lowdep fee appears
the trot of your ststerom, you have 30 days from the
thle staldmm was melted to you to avoid paying the
or to hew such is credited to you if you until your
without having to pay the nrrhbershtpfse. To
Widence in full (excluding the membership feel prior to
end dtr Mky-0ay period.
S You Close Year AuxoYct. You Cori r"wat to dos your
cocturt by calling our Cusamer Relations Dmparahrrd. You
r destroy your as* Card(s) and account ekes c.tla,
sincel al presuthorized blirg and G uakg your acc unt
your request to dos, t you continue to tmmad or do
at cancel presuagriasd bO g ari nesmor s, we wit
onabor mrelpt of a dwge your &Lderiailm to keep your
owed open. Addilionaly, your acCoUm will not be dared
Cad ycu Pay of amounts you owe us including: any
aaclerr you haw authorized, finance Chaps, past due
overlmlt leas, rsarad PSY not few, cash advance
and any other feas onsuM to your account You ae
for these amounts whether day appear on you
may rd
ache the you request to dose the &OODunt or Italy
m nwoed subsequent M ytew request to dos the account.
result in exegas ap{rsrkp s your account alter you
aw requwsd to account to be ck*W.
7. Using Your Account. Your card or account Cannot be used in
Connector with any Internet gambling transactions.
8. Notice About Electronic Check Comvamlon.
When you provide a check as payment. you authwt io us
"wr to use inronroedon from your Check to in" a one-time
electronic fund tender from you bank aomhan or to process
the payment es a check transaction- when we use
khformaden from you chock to make an electronic fund
tanslar, funds may be withdrawn from your bank sscoum as
soon as the aanr day we -W your payment, and you ell
not recent your deck back from your fi anW Instbhtosn.
BILLING RIGHTS SUMMARY
(in Casa of Emors or Queedprs about You BE)
If you It your bill in wlrong, or t you need more, hnlo madon on
a transaction er dl, wms to us on a separate shoat as soh as
possible at the address for inquiries shown on the front of two
natorm iL We met hoar from you no laid Man 60 days after we
sent you the first alt on which the error or problem appeared. You
Can CaI our Customer Relations number, but doing so will not
preserve your rights. In your later, give us the following
arlanatel: your name and account number, the dollar amount
of the suspected arror, a description of the emor and an
amtaneton, If possible, of why you believe thee is an error; or If
you deed more information. a description of the earn you am
urhsde about You da not have to pry any amount in question
while we am instigating it, but you am sail obligated to pay the
pars of you bit mat am red In question. VNVIe we lewsdgee
your question, we cant repot you as delinquent or take any
action It, colon Me amont you question.
t t Special Rule for Credit Card Rodesses
If you have a problem with the quality of progeny or seivirec is
you purchased writ a Credit cad and you have red in good faith
to Como the problem with the matdsm, you may haw the right
not to pay to remaining amount due on the property or services.
You have We protection only when the purchase prim was mom
than $50.00 and the purchase was made in your home soh or
within 100 miles of your maNrhg address. (It we, own or operas
the ant, a If we noted you the advamsement for the
properly or services, all purchases ere Cowered regardless of
amount or location of pure as.) Please remember to sign all
....sporddhce.
T Does not apply to Cosusr rancredl Card accounts
2 Does not apply to busises urn-aedlt Card accounts
Copies! One supports information privacy protection: see our
websev at enow.
Capital One Is a federaly regstened service mark of Capita One
Financial Corporator. All fights reserved. O 2008 Capital One
TC-D8
01 DMW%- 1 - De110/07
Iupanhsl Nalb: PSyoaryh bawl baorsdlmb yoraaantadtnebudos dsy-moshet, prov (1) You end Lt.
bn0om potion dtb 906 It dud In the ondoaed rr t -ambye ad (2) your paPmo I. aldvad In wapraar , ca k,
by 3 pm Fr (12 noon FT).RSae et see::(5)bads- date trpaid delhay. Pymenb rooked by a a sy alter ldelon ate
aymhrfa Irymtbaaadtd of:.d.ywleoeAw them. Qrorseee days se Maxty tmuph Sestlsy, oududrg MOeys.
Psae do mat-lespol, peer etc. hen preparrg We, peymem.
CAPITAL ONE BANK (USA), N.A.,
Plaintiff,
V.
NOREEN GARNEY
Defendant(s).
The undersigned does hereby verify ;
to unsworn falsification to authoritie;
BANK (USA), N.A., Plaintiff herein
Verification, and that the facts set foi
correct to the best of his/her knowled
Dated: 2 od2
VERIFICATION
ibject to the penalties of 18 Pa.C.S. Section 4904 relating
that he/she is an authorized agent of CAPITAL ONE
and that he/she is duly authorized to make this
h in the foregoing Complaint in Civil Action are true and
A information and belief.
d e Williams
A049
WELTMAN, WEINBERG & REIS O., L.P.A.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-07183 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK -USA NA
VS
GARNEY NOREEN ET AL
MARK CONKLIN Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
GARNEY NOREEN
DEFENDANT
A NOREEN K. GARNEY
was served upon
the
at 2105:00 HOURS, on the 12th day of December-, 2008
at 501 CASCADE DRIVE
MECHANICSBURG, PA 17055
NOREEN GARNER
by handing to
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 10.80
Affidavit .00
Surcharge 10.00
is/aa?oS 00
3
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
12/15/2008
WELTMAN WEINBERG REI
By:
Deputy Sheriff
of A. D.
`*.
In the Court Pleas of Cumberland County, Pennsylvania
Civil Division
Capital One Bank (USA), Na
Plaintiff
V.
Noreen Garney
aka Noreen K. Garney
Defendant
Answer
No. 08-7183 Civil Term
Defendant, Noreen Garney, Answers Plaintiffs Complaint and says,
1. without knowledge, therefore deny
2. deny
3. deny
4. deny
5. deny
6. deny
7. deny
The attorney for the plaintiff has not provided me with a signed
copy of a contract and cardholder agreement and or a promissory
note. By way of this answer I am disputing the validity of this debt.
December 25, 2008
. e
N een K. Garney
501 Cascade Rd.
Mechanicsburg, Pa. 17055
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff No. 08-7183 CIVIL TERM
vs.
NOREEN GARNEY
Defendant
PRAECIPE TO SETTLE, DISCONTINUE
AND END
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin R. Bibler, Esquire
PA I.D #93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(41.2)434-7955
WWR#06836856
N
t
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS. Civil Action No. 08-7183 CIVIL TERM
NOREEN GARNEY
Defendant
PRAECIPE TO SETTLE DISCONTINUE AND END
TO THE PROTHONOTARY OF COUNTY:
Settle, Discontinue and End the above-captioned matter upon the records of the Court and mark the costs
paid.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: el? Benj4ai ner, squire
PAI.D4
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06836856
Sworn to and subscribed
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