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Home My WebLink About09-1088IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: CA- 1088 0iVtl Ierwt VS. COMPLAINT IN CIVIL ACTION LOUISE E SNELL 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 06859427 C N Pit CFR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No LOUISE E SNELL 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: LOUISE E SNELL 78 E. POMFRET ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0024 . 4. Defendant made use of said credit card and has a current balance due of $9353.57 , as of December 15, 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 December 15, 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 , LOUISE E SNELL , INDIVIDUALLY , in the amount of $9353.57 with continuing interest thereon at the rate of 28.100% per annum from December 15, 2008 plus costs. WELTMAN, ERG & REIS CO., L.P.A. 436 Seve enue, Suite 1400 James u. TINNvlP:,it roar,42514 Pittsbur 15219 (412) 4 FAX: 4 130 068594 7 CFR This law firm is a debt collector attemptiAg to collect this debt for our client and any information obtained will be used for that purpose. Capital0ne• NOT PAYING YOUR DEBT 500013 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 frg 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. 0 2006 Capital One Services, Inc. Capital One it a federa reeistered service mark. AU rights reserved. 500013-08503 cAnIBiT I FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $5,867.31 - $0.00 + $141.93 + $35.00 = $6,044.24 $1,156.00 Feb. 15, 2007 Dec. 16, 2006 - Jan. 15, 2007 Page 1 of 1 REASE PAY AT L99 TMS AMOUNT Account Visa Platinum m Account 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 account and start rebuilding your credit with Capital One. TOTAL CREDIT LINE $5,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse fa important information) Balance rate Periodic Cort Arriding FINANCE applied to rate AAPPR CHARGE Purchases $5,936.81 0.07712% D 28.15% $141.93 Cash $0.00 0.07712% D 28.15% $0.00 ANNUAL PERCENTAGE RATE applied this period: 28.15% ® At Your Service 1-800.903-3637 To call Customer Relariars or to report a lost or stolen card: ® Send payments to: Capital One Bank - P.O. Box 70884 - Charlotte, NC 28272.08&1 A Send inquiries to: CapOd One - P.O. Box 30285 Sas Lake City, UT 84130.0285 "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'd 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 15 JAN PAST DUE FEE $35.00 When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will riot receive your check back from your financial institution. 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 7 15 070115 PAGE 1 of 1 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT ??..a?.,??1,,.,, MjCW what's in your wallet?' 0 4862362527410024 15 6044240150001156005 Account Number. 4862-3625-2741-0024 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink. C$6,044.24D $1,156.00 Feb. 15, 2007 Address PLEASE PAY AT LEAST THIS AMOUNT Home Phone Alternate Phone E-mai! address Q Amount Enclosed 14001657221161406• MAIL ID NUMBER LOUISE E SNELL 4600 GETTYSBURG RD Capital One Bank Irlrrl APT C llrrrrlrrlrllrrl MECHANICSBURG, PA 37055-4394 P.O. Box 70684 Charlotte, NC 26272-0684 InrlllrnllluulrlulrluluAll llrlrlnrlullnrlrlr[till III IrrlrlLrLrrlrlLrrlydrllLrrlrrlrhJrrLdLrlrrLrllrrrll 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. LOUISE E SNELL I. Hoer to Avald a Finance Charge. t e. Grace Period. You will have a minimum grace period of 25 days wllmot Same change on new, purchases, new, balance transfers, new, special purchases and new other charges t you pay your total 'New, Balance, in accordance with the Important Note for payments below. and in tbro for it to be acidified by your rasa stasimand dosing date. There I. nc grace period on rash a&.- and special trearrem. In addtlim, tore Is no grace period on any transaction if you do no pay the tMel -Nave balance' b. Accruing Fiance Charge. Transactions which are not miofed to a grace period are assessed finance chage 1) from Me des of On transaction or 2) from the date he transaction is processed to you Account or 3) from the first calendar day of the anent biing period. Additionally, l you did not pay the -Nm Batance' from the previous billing period in full, filana charges omanue to acne to your unpaid balance until the unpaid balance Is paid in full. This morns that you may stl owe finance changes, even F you pay the entire Now Solstice indicated on the frillit of your statement by the and statement closing date, but did not do fro for to previous month. Unpaid finarmce charges are added to the applicable segment of your Account. t c. INmmurn France Cage. For each killing period hat your arrant It sub}ed to a finance charge, a minimum total FINANCE CHARGE M $0.50 col be imposed. t d. Trnporry Reduction M Flnarece Charlie. Via reserve the nght to no saes any or ail finance changes fr any given biting period. 2. Average Daly Belan et (needing New Purehssu). Finance charge is calculated by multiplying the dry balance of each segment of your account (e.g., ash advance, purchase, apecsl bwfer, and special purchase) by he cormapcndag dry predic rev(s) that has been previously disclosed to you. At the end of each day duping the bling period, we apply the dally periodic rate for each segment of your account to he daily balance of each segment. Than at he end of he bilig period, we add up he nuuft of these dally calculations to arrive at your periodic anance charge for each segment. We add tip the raeruas from each segment to amve sf the too periodic hronrs change for your amuck To go the daily balance for each segment of your e.. o^ we W. tee begrarkg balance for each segment and add any now, transactions fro any parodic finance change calculated on der previous days balance for that segment. We than Wiped any petneras or credits pasted u of tot day that amt allocated to tot mVmart. This gives us the separate daily balance for each segnon of your aecoehrrL However, If you paid the New Balance shown on your previous stbment in full (r If your new balance was ram or a credit lament), new transactions, which post to you purchase or special purchase segments are not added to the dally bdencee. We calculate the average dally balance by adding al the dally balances together and dividing he sum by the -bar of He days in the oumem billing cyde. To calculate your tool finance charge, mulply you avom p daily balance by he daily periodic to and by the number of days in the blng period. Due to rounding on a daily bass or dins to minimum finance charge assessment doro may be a variance between this calculation ark! de amount of 11- charge a Wally asaeaaed. 3. Annual Parwstpa Robs (APR). a. The wrm'An ..I Percentage Rob' may appear ss'APR' on the front o (this statement b. If the code P (Quarterly Prlme). L (Quarterly LIBOR), C (Quarterly CD), or S (Bankaa d Prime) appears on the front of this statement next to the periodic rate(s), the periodic rates and corresponding ANNUAL PERCENTAGE RATES may wry quararly, sand may Inoue r decrease based on the stated indices, as found in The Wall Street Journal, plus the margin previously disclosed to you. These doeves, will be effective on the firer day Myer bl ig period covered by your periodic easement ending in the months of January, April, July and October. n If the code D (Monhly Prima), F (Monthly LIBOR), or G (Treasury LIBOR) appears on the from of your statement rota to the periodic rat(s), the periodic now and corresponding ANNUAL PERCENTAGE RATES may vary mouthy and may iraaase or decrease based an the stated indices, as found in The Wasp Street Journal, rAS the margin previously disclosed to you. These charges vAl be ofiediva on the first day of your billing period each mmh. 4. Assessment of Lat. Ovrgmit and Returned Payment Fua. Under the tams of your cslomr @groomers, we reserve the right to waive or not to assess arty fees without priornotlauon o you without waly ng outright to assns the samer simtarfus eta Wartime. t S. Reiterating YrrACCOML It a membership fee appears on the front of your srement you have 30 days from the doe tie summers was milled to you to amid paying the fee r to have rude fee credited to you N you cermel your accoua without having to pay the membeship fee. To cared your aoocaa, you must notify us by calling our Custonar Relational Department and pay your New, Balance In full (excluding the membership fee) prior o the and of" Eltftyday period. 6. N You Coss Your Account. You an request to dose your -rd by calling our Customer Relations Department. You must destroy you credit cord(s) and account access dodos, cancel all preautor red billing and cease using your amount Affair your request to dose. N you continue to transact or do not canal preasmmodzed baling arrangements, we "I conaida mono are large your authM>ydm to keep your -nd open. Additionaey, your account will not be dosed until you pry 84 amounts you owe us including: any transactions you hove audmatred, finance charges, past due fees, wergmk lees, moaned payment lees, ash advance fees and any other feu assessed to your account. You am, responsible for these amounts wfotsr delay appear on your account an the time you request to Clone the account r they are named subsequent to you request to dose the account This may result in darpes appearing on your account after you have requested she account to be dosed. 7. Using Yaur Account Your ram or account cannot be used in connection with any Internet gambling transactions. 8. Nalb About Electronic Cheek Conversion. When you provide a check as payment, you author= us seater to use information from your duck to make a ww"me electronic fund transfer from your bank accakan or o Process the payment as a check transaction. When we use information from you check to make an electronic fund transfer, funds may be wit drawn from your bank account as soon n the same day we receive your payment, and you will not mate your check back fra n your financial Institution. BILLING RIGHTS SUMMARY (In Case of Errors or Queetone about Your Bill) If you thktk your bill le wrong, or If you need roam information on a transaction or bill, wile to us on e separate shut as soon sir possible at the address for imone s shwas on he front of this sbiernuarm We mast hater from you nc Isle, tan 60 days after we sent you the liner bill on which to error or problem appeared. You can rag our Cus omer Relations number, bur doing ad will no prewse your rights. In your letter, give us he following kdarmadon: your nacre and account number, the dollar amount of the suspected error, a description of the error and an explanation, It possible, of why you believe there is an error, or if you need more infomhstien, a description of the item you are unsure about You do wl have to pay any amount in question whit we au Investigating it, but you see still WOW to pay the pare of you bill that are not in question. While we invecdpate you question, ws cannot report you es delinquent or take any action to coley he annum you question. t. t Special Rule for Credit Card Purchases If you have a problem with the quality of properly or serviom that you purchased with a credit card and you have tried in good faith to correct the problem with Elie merchant you may have the right not to pay the remaining alike" due on the property or services. You have this protection only when to purchase price was more than 550.00 and the purchase was made in your home state c within 100 miles of your mailing address. (If we won r operate the merchant r If we mated you the ~sement for the property or services, all purcheeas are covered regardless of amount or location of purchase.) Please remember to sign all correspondence. t Does not appym consumer -m& amsoco"s S Does not apply to buskiess nth-credit card accounts Capitol One supports information privacy protection: see our wetallle at VAMLM?gr ,g?11I. Capital One Is a fadarally registered service mark of Capitol One Financial Corporation. AN right reserved. O 2006 Capital One TC-08 Ut tk:cuoc - a - I-I- baseness Netss: PaFnns you mall b a wl be a~ to your stunt in tithe house dry we noel a it, provided (1) you sod the bdtcn pmtn lathe atatrhad and yea dock in the lacksed mmYlnce envelope and (2) your paymat Is moehwd in or protat I g coder by 3 pm. ET (12 heart PT). Pleas slow at sad five (5) boar days for prtak delivery. Parasols monied by a Et ay other outlet or In any cow form may not be cradled a of the dry we resolve their. Our babma drys se Mornay ftwo Saemry, exdWig holidays Pl m do not fie staple, pepralpe, etc. when prepsbg ymr prynsm. When 1W prase a dsok n paymnt you aterse a alhw s use idor nation hen your dmrk to mete a orw4as dea4cic fret brater horn yo racmu t or to pmma the po nrenta a dud bamafion. Whan ve we Msmetn from your dhe k b make an electronic fund bawfer, funds trey be wldreen hen yw accent a soon a the ante day ee masks your prymnt wan yW col nct recdve Yoe deck back hen yourmantld iratWmn. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. LOUISE E SNELL 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 bb9st of his/her knowledge, information and belief. Dated: ? - 0p Antoinett5miller A049 WELTMAN, WEINBERG & REIS CO., L.P.A. F 'F 1 7C, c -v 0 SHERIFF'S RETURN - REGULAR CASE NO: 2009-01088 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS SNELL LOUISE E WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon -- T T -TTnT ? the DEFENDANT , at 2028:00 HOURS, on the 25th day of February , 2009 at 78 E POMFRET ST CARLISLE, PA 17013 LOUISE E. SNELL 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 of So Answers: 18.00 4.50 .00 10.00 R. Thomas Kline .00 32.50 02/26/2009 WELTMAN WEINBERG & REIS By: A;?- day Deputy Sheriff A. D. 23 F w? .` f lJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff VS. LOUISE E SNELL Defendant No.09-1088-CIVIL TERM 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 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6859427 Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff VS. Civil Action No. 09-1088-CIVIL TERM LOUISE E SNELL Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, Louise E Snell in the amount of $9838.50 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Attorney for Plaintiff LOUISE E SNELL, o,: e s Defendant WWR#6859427 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff VS. LOUISE E SNELL Defendant No.09-1088-CIVIL TERM STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. 490963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6859427 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff vs. Civil Action No. 09-1088-CIVIL TERM LOUISE E SNELL 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, Louise E Snell, above- named, in the amount of $9838.50 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $9838.50 with continuing interest thereon at a rate of 6.0% per annum plus costs from date of judgment. 2. 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, Louise E Snell, in the amount of $9838.50 plus continuing interest thereon at the rate of 6.0% 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) $125.00 due by 4/20/09; (b) $125.00 due on the 20th day of each consecutive month for the next twelve months, at which time the amount of payment will be reevaluated. 4. All payments are to be made payable to the order of "Capital One Bank (USA) NA" s 5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, 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 Plaintiffs 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. I-t{ 9. Intending to be legally bound, the parties set their hands and seals this _day of 20 By: Defendant, Louise E Snell WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6859427 M TIE t- THE .;'1 2RV09 APR 28 AM S, 13 t u 414.00 Pb A"W C,xr 39H?7q? as X1311 IJa? A"d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff VS. Civil Action No. 09-1088-CIVIL TERM LOUISE E SNELL 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 #LML02 (xx) Assumpsit Judgment in the amount of $9838.50 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 Andrew Shaw, Esq. 200 S Spring Garden Street, Suite 11 Carlisle Pa 17013 By: / /?6 " a PR ONO EPUTY)