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HomeMy WebLinkAbout09-0343 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: 09- 343 a-"a-Uzrt vs. COMPLAINT IN CIVIL ACTION NATELIA HERR AKA NATELIA A HERR 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 06980055 C N Pit REA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No NATELIA HERR AKA NATELIA A HERR 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 • v 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 , NATELIA HERR , INDIVIDUALLY , in the amount of $4921.09 with continuing interest thereon at the rate of 25.900% per annum from November 10, 2008 plus costs. James /X. Wa ro t, 42524 WELT MAN , WEINBERG & REIS CO., L.P.A. 436 eventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06980055 C N Pit REA This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. CaiPw011N°' NOT PAYING YOUR DEBT 500013 what's in your wallet? DOESN'T MAKE IT GO AWAY. In fad, 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 1.800.955.6600. Make sure you call or pay the amount due on your statement within 30 days to keep your account from being charged off. m 2006 Capital One Services, Inc. Capital One is a federally registered service mark. ALI rigbts reserved 500013-08503 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $3,330.89 - $0.00 + $74.09 + $43.00 = $3,447.98 $947.98 May. 23, 2007 Mar. 24, 2007 - Apr. 23, 2007 Page 1 of 1 PLEASE WAY AT (FAST THIS AMOUNT MasterCard Platinum Account 5179-0517.93259530 Your Account Information TOTAL CREDIT LINE $2,500.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $2,500.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please we reverse for important information) Balance rate Periodic CorwIng FINANCE applied to rate AP CHARGE Purchases $3,334.74 0.07099% 25.90% $73.36 Cash $0.00 0.07099% 25.90% $0.00 Speciarrrans $33.23 0.07096% 25.90% $0.73 ANNUAL PERCENTAGE RATE applied this period: 25.90% ® At Your Service 1.9004903.3937 To car Customer Relations or to report a lost m sUm card: ® Send payments to: Capital One, F.S.B • P.O. Box 70885 • Charlotte, NC 28272-0885 A Send Inquiries to: Capital One - P.O. Box 30285 • Salt Lake Cry, UT 84130-0285 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 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 Ire 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 If you fail to keep your account in good standing, Capital One reserves the right to raise your APRs in the future. Payments, Credits & Adjustments Transactions 1 23 APR PAST DUE FEE $39.00 2 23 APR CAPITAL ONE MONTHLY MEMBER FEE $4.00 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 fa benefits to be paid to your account for loss events described in your Payment Protection agreement Call Stonebridge Benefit Services at 1.888-527-6904 to see if 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. ?r 6056 506 1 7 23 070423 PAGE 1 of 1 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 7 5178051793259530 23 3447980208050947982 ??' wlnt'sinyourwallet7' Account Number: 5178-0517-9325-9530 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink. $3,447.98 $947.98 May. 23, 2007 Address PLEASE PAY AT LEAST THIS AMOUNT Home Phone Altercate Phone E-mail address @ Amount Enclosed #9011448527894777# MAIL ID NUMBER NATELIA HERR 9 OTTO AVE Capital One, F.S•B CARLISLE, PA 37033-3129 P.O. Box 70665 Ipill IIIIIIIIIIIIIIIII C har lotte , NC 26272-0665 Iu1IIIn1IIluunllullullluullnllllllullu1111u1InII IIIIIIIIIIIAt 111111fill 1111111of I11I1InIf IIIIIII IIIIIIIIIf If If I Please write your account number on your check or money order made payable to Capital One, F.S.B and mail with this coupon in the enclosed envelope. NATELIA HERR I . Now to Avoid a Plmonce Change. t e. Grave Posted. You will have a minimum grace period of 25 days W*aA finance charge on new puchasee, new bdanw bansfam, new special purchasers and new other dreg. If you Pay yourtoW'Naw Balance'. I. somni c with the Important Notice for peyrnsnk below, and In time for alto be cre I by your need dabarnent dosing data. Thar la no paw psdod on cash ad- ad epwW trmerem. In additm the. I. no grace period on say transaction if you do not pay one total •Nsw balm-.• b. Accruing Finance Change. Tomsectlar which son not subject 1o a grow period are assessed finance charge 1) fran gas data of the transaction or 2) from the data the tmeaction is procssned to your Account a 3) from me fret calendar dry of the current bWng Perot. MtlgarWy, a you rid not paytlr"New Balance from rte previous bilkg period in full, prance dherges continue to accrue to your unpaid balance until are unpaid balance is paid in fug. This menu that you may to owe finance charges, even a you pay the entire New Balance ndiralad on the front of your statement by one mind stetwrm t doming data, rid did no do b for to promise rr ..tK Unpaid finance charges ere Wad to the applicable segment of your Account. t c. Wnkman Finance Charge. Fm aodh blip period that your acmUH is subject to a Gran ce charge, a minimum local FINANCE CHARGE or $0.50 will be Imposed. t d. Temporary Reduction In Flnanw Charge. We reaches the right to not "seas any or of finance charges for any given Ning period. 2. Awmga DMy Set m (irWding Naw Puroh"ea). Finance charge is calculated by mdfipyilg the dally balance of each segment of your account (e.g., cash advance, padre", special "no w, and special purchase) by fire wrtaspnrdng dally periodic, right(s) that has beat the previously ypadisclosed to you. At the encl of each day during iod, we apply dos ally periods: rota for each segment of your account to to daily balance of each segment. Than at the and d to logging pWod. we add up the results of th"e daily calculations to arrive at your periodic finaco charge for each segment We add up the results from each "germ to arrive at the food pwt,dc Rtarce charge for your account To gel tar dally balance far each segment of your accort was lake to begMig balance fa each segment and add any now Msedlans and any periodic Maas charge adcdeged on Me prevbw dye balance for Itrtorgmlent Wetrnnrhbardmypeymentaacr"M posted as dart day Mel ere alocated be grad segment. This gives w the asponea oily balance fcr each "Worst of your account. Fbwever. N you paid the New Balance shorn on your previous statement in ful (a If your new balance was taro ar a cedk amour), haw transactions, which post to your purchase wspdal purchase segments she net added togas doily balances. We cakaaata the average daily balance by adding at the dally balerhws together and dividing the sum by the number of Via days In the current billing cycle. To calculate your road finance charge, mdtipy your ewmo daily balance by the daily pit kxk rain and by Ur number of days In the Waling period. Due to randrg on a dally bask or due to moirmum finance charge assessment, bnro may be a variance between this calcutetion and the amount of finance large actually assessed. 3. Annual Percentage Rafts (APR). a. The lelm'Annuai Percentage Rate' may appear as 'APR' on or from of this statement. b. If the code P (Quarterly Pdnr), L (Quarterly LIBOR), C (Qu¦dedy CD), or S (Bankcmd Prime) appears on the front of this statement next b the periodic role(s), the periodic rates and corresponding ANNUAL PERCENTAGE RATES may wry quarterly and may increase or decrease based m the stated IMlcse, as found in The Nlall Street Jamal, par Dre margin previously disdwW to you. These danges it be effective on the that ay of your bgkg perked covered by your perloc kc statement ending In the months of Jarrvusry, April. July and October. c. If the coda D (Monthly Prime), F (Monthly LIBOR), or G Morrissey LIBOR) appears on the *am of your statar mt next to the periodic rate(s), the periodic rates ant corresponding ANNUAL PERCENTAGE RATES may vary monthly and may moisture or daveesa based on the stated inclose, "found in The Wall Sport Journal, pus the margin powAouaky declared to you. Three charges VAI be effective on the first day of your Digtrg period each month. 4. Aaseonrad of Lola, OvangmR and Returned Payment Feas. Under the forms of your customer agimonsim, we roasnve gat right to waive or not to nun any fees without qtr notification m you without wel ft our right to amass the esmn or sinilerfos at a lalerfima. t S. RsnwM1g VowAccount. Of a membership fee appears on are front of your statement, you hew 30 days from are ate this assignment was mailed to you to avoid paying he fee or to have such lift credited to you It you cancel your amount eitnad having to pay the membership fee. To cerrcel your account, you must notify ce by celhg our Customer Rekatora Department and pay yourINew Balance in ful (excluding the membership fail) prior he the and of the dirty-ay period. 6. It You Geas Your Amount. You can request to does your account by calling oat Customer Relations Department You must deatroy yar Oedal cord(a) and account amass drab, anted al pieuitha and billing and wan" using your amount. After your request to close, If you confines to granted or do not cowl prosutarlaed burg arrangements"" "" croMderrerdpt de charge yxlr aut odaidon to keep year account open. Additionally, your amountwIit not be dosed until you pay all amounts, you owe us indudirg: any tgnsndlons you have suthodxed. finance charges. past due fees. marginal feu, returned payment lees, cash advance feu and any ad-0- aaesased to your amount. You ere responsible for these amounts whether they appear an your account at the time you request to date tar account or try are ncumed subsequent to your request to does the account. This may rerun in cringer eppeerI on your amount after you have requested the account to be dosed. 7. Uaig Your Account. Your card of account cannot be used in mnnerobon with any Internet gambling trataecfions. B. Notice About Ehmbi le Clack Conversion. When you provide a dock as payment, you authorize us either to use information from your deck to oaks a fine-time abdronke fund bansferfrom your bank account w to process the payment W a chock transaction. When we use Information from your dhedc to make an electronic fund transfer, funds may be wit drawn from your bank account as noon "tie war ay we recelve your payment, and you will not receive your dark beak from your financial insttuom. BILLING RIGHTS SUMMARY (In Case of Erma or Questions about Your Bit) fig. Bak your bill Is reap, ar If you need mane information on e trnceation w bit. write to us on a separate shot as coon as possible at the address for inquiries shorn W the front of the abatement We must hear from you no Ister than W days after we sem you to fist hill on which that error or problem appeared. You can call our Cartomar Relations mmbar, but tldng so will net preserve your role. In your ladow. ghat us tr fdiowi g Information: your come and amount number. the dollar amount of the suspected saner, a description of the era sod an explanation, B posalble, of why you believe trro la an array; 'if you need more kdamation, • description of the tam you are unsure shout You do not have to pay any amount in question whit, we are Investigating it, lout you am awl obligated to pay the parts of ymr bat that are not In qua"=. White we Investigate your question, we cannot report you as delinquent m take any action to poled the amount you question. F, T Spacial Pop for Credit Card Purdra" Nyou have a problem with the quality of properly or services that you purchased with a credit cod and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the mmakning amount due on the property or "Moss. You have this p reaction only when fir purchase price was mom than $50.00 and the purchase was made M your home star or within 100 minas of your mailing address. Of we can or operate the merchant, a it we nailed you the WvePoaement for the property or saMcas. all purchases are covered regardless of amount or location of pu base.) Pbaee remember to sign all correspondence. t Does not apply fib consumer non-cad l card amounts 2 Doe not apply to business rrnY ACard&cc*" Capital One support information privacy protection: we our wa0see at vranor{AgY1ures- Capital Ons to a federally registered service mark of Capital One Financial Corporation. AN rights reserved. 02005 Capital One TC-0B OI BC6056 - 6 - 1221 f06 Iportat Nola: Psynneras you mal to or wig be=dW b your scant a der Will"dayw Waco. It, praridd (1) you and the bolas portion door ataterasa and your drat in dos ndaed WOMMe anrbps and (2) York payment Is roofed in our Facts" aster by 3 pm ET (12 noon PT). Pleats aloe at Iwt1wrj5) bashers days for pasld delivery. Payments moved by us at say air location w In my dherfcrm a" no be =&W neither ay se coke own. Orbsim s days areUollday through Saturday, escorting holdlys. Pb- do ads ran sips, paper dips, eC when preparing your payment. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. NATELIA HERR 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 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. Id s v 49- Dated: Edward Piotrowski A049 WELTMAN, WEINBERG & REIS CO., L.P.A. to- 4 L t ..G 17 i 1 r SHERIFF'S RETURN - REGULAR CASE NO: 2009-00343 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK (USA) N A VS HERR NATELIA AKA NATELIA A HER ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HERR NATELIA DEFENDANT A NATELIA A HERR the at 2100:00 HOURS, on the 27th day of January , 2009 at 9 OTTO AVENUE CARLISLE, PA 17013 NATELIA HERR 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 Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.00 4.50 . 00 10.00 R. Thomas Kline .00 32.50 01/28/2009 WELTMAN WEINBERG REIS By. day Deputy Sheriff of A. D. r--Zl cm I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVI DIVISION CAPITAL ONE BANK (USA) N.A. Plaintiff vs. NATELIA HERR Defendant No. 09-343-CIVIL TERM PRAECIPE TO DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I . D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6980055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) N.A. Plaintiff vs. Civil Action No. 09-343-CIVIL TERM NATELIA HERR Defendant PRAECIPE TO DISCONTINUE AND END WITHOUT PR JUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND OUNTY: SIR: 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 for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6980055 SWORN TO AND SUBSCRIBED before me this 25h day of MARCH, 20 .. . 1 0 1 , - COMMONWEALTH OF PENNSYLVANIA Note" S" AnnHer M. Borowski, Notary Pulft 04 of PftftO Aft"W COW* codas"" Evku Feb. 22, 2012 Member, Pen AaodlstW R Notaries FILED-01:l i i lvJ - OF THE Pi OPHONOCARY 2009 APR } 4 AM 9: 3 4 ;.: IM 61 PEN."I ISYLVfi' NIA.