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Home My WebLink About09-1288• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. No: OQ- la8$ Ulvll ter*' COMPLAINT IN CIVIL ACTION MARY K GRUNDON 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 07070831 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 MARY K GRUNDON 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: MARY K GRUNDON 283 CLARK ST LEMOYNE, PA 17043 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8971 . 4. Defendant made use of said credit card and has a current balance due of $5058.56 , as of December 23, 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 23, 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 , MARY K GRUNDON , INDIVIDUALLY , in the amount of $5058.56 with continuing interest thereon at the rate of 28.100% per annum from December 23, 2008 plus costs. James C. W ro t,42524 WELTMANrhh ERG & REIS CO., L.P.A. 436 Sevenue, Suite 1400 Pittsb u15219 (412) 4 FAX: 41 130 0707083 it TSW 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. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Dab $3,273 48 - $0 00 + $79 21 + $44 00 = $3,396 69 $696 69 Jun 27, 2007 Apr 28, 2007 - May 28, 2007 Page 1 of 1 KEASE PAY AT [MV Tres AAnunT MasterCard Platinum Account 5291.152&3341.9971 Your Account Information TOTAL CREDIT LINE $2,70000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $2,70000 AVAILABLE-CREDIT FOR CASH $0 00 Finattce-Charges.(PWw we reverse forimporlaitt information) Balance applied to Ponratteein APR ring CH RGE Purchases $3,313 04 0 07712% D 2815% $7921 Cash $0 00 0 07712% D 2815% $000 ANNUAL PERCENTAGE RATE applied this period. 28.15% AMi At Your Service 1.999.903.3637 To cal Customer Releeas orto report a lost orstolen cad Your account is six payments behind If we charge o8 your account due to late payments, we Will report the charged-off stairs to several national credit bureaus, and the Purchase APR as rehow on this statement will be applied to all your ouWvdap balanLbs Act now to prevent the tam happening Please pay tie 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 rebwkhng your credit wch 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) etTec4ue nrnedhal ly However, Capital One has elected not to raise your APRs at he sine Plww be advised that if you fad to keep your account in good standing, Capital One rewrves the right to rase your APRs in the tetiire Payments, Credits & Adjustments Transactions 1 28 MAY PAST DUE FEE $39 OD 2 28 MAY CAPITAL ONE MONTHLY MEMBER FEE $500 You were assessed a past due fee bemuse 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 ® Send payments to. Aft Captd Ore Banc P 0 Box 711!1114 aiskme, NC 282720184 Send inquiries to. Capital One P.0 Box 302&5 Soft Lake City, UT 84130-0285 EXHIBIT 6056 506 1 7 27 070528 PAGE 1 Of 1 OIBC6056 PLEASE RETURN PORTION BELOW NTH PAYMENT /???,??/?,??" 0 5291152633418971 27 3396690079000696697 ?ea!'a¦°VIR' vvhaYsmyourwa9etT Account Number .5291-1526-3341-8971 New Balance Minimum Payment Due Date $3,396 69 $696 69 Jun 27, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70884 1r1EE1r111118111111111 Charlotte, NC 26272-Obb4 Please print address or phone number changes below using blue or black ink Address Home Phone Alternate Phone E-mail address @ #9014961807724529# MAIL ID NUMBER MARY K GRUNDON 283 CLARK ST LEMOYNE, PA 17043-2D10 170831 Please write your account number on your check or money order made payable to Capital One Bank and mall with this coupon in the enclosed envelope r PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. MARY K GRUNDON 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 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: Ottis Coward A049 WELTMAN, WEINBERG & REIS CO., L.P.A. +? aA SL+ oW t? O [? r }c O cRz ? ; Sheriffs Office of Cumberland County R Thomas Kline $VF ®1 r ??Apt f - rr Solicitor Sheri Ronny R Anderson ' Jody S Smith Chief Deputy OFFICE OF 74E SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/06/2009 03:57 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 6, 2009 at 1557 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mary K. Grundon, by making known unto Tim Englehard, friend of defendant, at 283 Clark Street, Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $42.40 (PAID) SO ANSWEPS, March 14, 2009 R THOMAS KLINE, SHERIFF Deputy -Sheri fr Docket No. 2009-1288 Capital One Bank (U.S.A.) N.A. v. Mary K. Grundon C? c? i, -n -,- 1 -T z ) om r t -a r I=i c 0 CAPITAL ONE BANK (U.S.A.), N.A., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : No. 09 -1288 - Civil Term v. MARY K. GRUNDON, : CIVIL ACTION - LAW Defendant Please enter my appearance for the Defendant in the above. Date: `T?/? lz?P'q 'L ' "L-.? ? , ;? i - -'C- - 01 Geoffrey M.Biringer 401 E.Louther Street Carlisle,PA 17013 (717)243-9400 Supreme Court ID#18040 OF F{[.F.;r O T}r- (err, r },^;5{ 1?Ik?:f 2009 APR 2 1 Ali 9. ^j 1 0 CAPITAL ONE BANK(USA). Plaintiff V. MARY K.GRUNDON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09 -1288 - Civil Term CIVIL ACTION - LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Mary K. Grundon, by and through her legal counsel, MidPenn Legal Services, and files these PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT, and in support thereof avers the following: 1. Plaintiff is Capital One Bank (USA), 15000 Capital One Drive, Richmond,VA 23238. 2. Defendant is Mary K. Grundon(hereinafter "Defendant") 3. Plaintiff filed its complaint on or about March 2, 2009. 4. Plaintiff claims that it is owed a balance on account for $5, 058.56 for use of its credit card. PRELIMINARY OBJECTION PURSUANT TO PA. R.C. P. No. 1028(a) (4)) (Demurrer) 5. Paragraphs 1 through 4 of Defendant's Preliminary Objections are hereby incorporated by reference hereto. 6. Plaintiff does not allege that there was any agreement between the Plaintiff and the Defendant, merely an application for a credit card. 7. Plaintiff attaches only one billing statement which billing statement does not even agree with the amount sought in the complaint. Said statement does not indicate, in any way, that Defendant agreed to the terms relating to balance, interest rates, or method of calculating the balance due. 8. Absent such allegations, Plaintiff fails to adequately state a cause of action. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with prejudice for failure to state a cause of action. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P. No. 1028(a)(3) (INSUFFICIENT SPECIFICITY IN A PLEADING) FOR FAILURE TO PROPERLY PLEAD ITEMS OR TIME, PLACE AND SPECIAL DAMAGES 9. Paragraphs 1 through 8 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 10. Plaintiff claims that it is owed a balance of an account in the amount of $5058.56 and attaches as support thereof one monthly billing statement in an amount other than that prayed for. 11. This billing statement fails to specify any agreements of the parties, terms and conditions of the agreements, amendments to the agreements, or the Defendant's request for products, goods or services. 12. Pa. R. C. P. No. 1019(f) requires that averments of time, place and special damages shall be specifically stated. 13. Plaintiff's general assertion of damages therefore is in violation of Pa. R. C. P. No.1019(f) and renders Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for insufficient specificity in a pleading. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P.No.1028(a)(2) and No.1019(i)(FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO ATTACH A WRITING 14. Paragraphs 1 through 13 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 15. Plaintiff bases its claims against Defendant on an application for a credit card and one billing statement. 16. The application is not attached to Plaintiff's complaint. Plaintiff has failed to attach any credit agreements made or signed by Defendant. 17. The billing statements are not attached to the comlaint that would show a proper balance due. 18. No agreements between the parties are attached to the complaint. 19. Pursuant to Pa.R.C. P.No. 1019(i), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 20. To the extent that any credit agreements between Defendant and Plaintiff are written, Plaintiff's Complaint fails to comply with Pa. R. C. P. No. 1019(i) in that Plaintiff has failed to attach to its Complaint a copy of any such written agreements or any explanation for the absence thereof. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for failure to conform to a law or rule of court. Respectfully submitted, Date Q MidPenn Legal Services By. << Geoffrey Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Preliminary Objections to Plaintiff's Complaint on this 21st day of April, 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: James C. Wambrodt, Esquire 436 Seventh Avenue, Suite 1400 Pittsburgh,PA 15219 By: ` eoffrey M. Biringer Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 RLED ,,,c OF THE VIP `'NAR Y 2009 APR 21 n 1 9: 31 F'ILEO-OFFICE OF THE PROTHONOTARY WELTMAN, WEINBE & REIS CO., L.P.A. I DEC 22 PM I2.' 28 BY: Sarah E. Ehasz, Esqu're Attorney for Plaintiff(s) I.D. No.86469 C &At?Q OUNT'Y 436 Seventh Avenue, Suitt 1400 YL ANIA Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7070831 CAPITAL ONE BANK (L?SA),NA Plaintiff VS. MARY K GRUNDON Defendant(s) CUMBERLAND County Court of Common Pleas NO. 09-1288 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. IS , L.P.A. WELTMAN, WEINBERG & RE By __ Sarah . Ehas , Esqui Attorney for Plaintiff Sworn to and subscribed Before the day o D2CtMI9Q,1t' , 2011 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L. Gault, Notary Public City of Pittsburgh, Allegheny County My Commission Expires July 15, 2014 Member. Pmnnsvivania A!K"atlon of Notaries NOTARY P LIC