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Home My WebLink About09-1289r% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. APRIL N FARNER Defendant No : rR - lag9 term COMPLAINT IN CIVIL ACTION 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 07104669 C N Pit TIC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No APRIL N FANNER 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: APRIL N FARNER 153 OLD GAP RD CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0580 . 4. Defendant made use of said credit card and has a current balance due of $1913.91 , as of January 21, 2009 . 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 28.100W per annum on the unpaid balance from January 21, 2009 . 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 , APRIL N FARNER , INDIVIDUALLY , in the amount of $1913.91 with continuing interest thereon at the rate of 28.100% per annum from January 21, 2009 plus costs. James C. ro t,42524 WELTMAN EINBERG & REIS CO., L.P.A. 436 Sev,nth Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07104669 C N Pit TIC 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. N y OT 7104669 Previous Balance FINANCE Payments & Credits CHARGE Transactions Now Balance Minimum Payment Due Date $933 68 - $20 00 + $22 28 + $38 55 = $974 51 C$474 51 Mar 15, 2007 Jan 16, 2007 - Feb 15, 2007 Page 1 of 1 • PLEASE PAY AT LEAST Dili AMINT Visa Platinum Account 4M-36"12-0550 Your Account Information TOTAL CREDIT LINE $50000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $50000 AVAILABLE CREDIT FOR CASH $000 Finance Charges (Please see reverse far important infamahon) Balance rate Periodic CorrZondng CHARGE applied to rate AAPPRR Purchases $93184 0 07712% D 2815% $2228 Cash $0 00 0 07712% D 2815% $000 ANNUAL PERCENTAGE RATE applied this period. 28.15% ® At Your Service 1800.903.1637 To cell Customer Relations or to report a lost or stolen card ® Send payments. to. Capital One Bank P 0 Box 70884 Charlotte, NC 28272-08M A Send inquiries to. Capital One P 0 Box 30285 Sag Lake City, UT 84130-0285 6056 506 1 7 15 070215 ov I what's in yourwalle-0 You're behind by two payments Lets talk. If yaN having financial ddfirxdties and can't make your minimum payment - we want to help Lets worts together to And a solution that works best for you Give us a call at 1 800 955 7070 Paymerft Credits & Adjustments 1 26 JAN CAPITAL ONE ONLINE ACH PA YMENT $2000- Transactions 2 15 FEB PAST DUE FEE $2900 3 15 FEB PAYMENT PROTECTION 1-888.527-6904 $955 Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been increased since your account was past due tmoe in the past 12 Kling cycles. If your rates have already increased, subsequent delinquencies extended the duration of the increased rates Remember B we receive your minimum monthly payment on tome for 12 consecuive billing cycles, this account well be reviewed for a possible return to your Nan-Introductory APR You are a valued Payment Protection customer and may be eligible for benefits to be pad to your account per the terms of your Payment Protection agreement. If you have experienced an eligible loss event, please call Slonebridge Benefit Services at 1-888.5274904 to see I your situation qualifies for benefits Your account is 60 days past due and your coverage will be suspended if it reaches 90 days past due, as stated in your Payment Protection agreement. 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 "' Please Note '** Some of the terms of your account are changing Please read the enclosed noificaion PAGE 1 Of 2 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0 4862362668120580 15 0974510020000474511 New Balance Minimum Payment Due Date $974 51 $474 51 Mar 15, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed c:::= Capital One Bank P.O. Box 70884 I IIIIII'II IIIIIIIIIII' Charlotte, NC 28272-0884 111loll11'I11'/'?1III IIIIIIIIIIIIIIIIIIIIIIIII'II'II'IIIIIIIII Account Number. 4862-3626-6812-0580 Please print address or phone number changes below using blue or black ink Address Home Phone Alternate Phone E-mall address (9 s9D04746911659071s MAIL ID NUMBER APRIL N FARNER 153 OLD GAP RD CARLISLE, PA 17013-61037 04669 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 PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. APRIL N FARNER 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. Dated: Lauren Pinkston A049 ?. WELTMAN, WEINBERG & REIS CO., L.P.A.. /? / 6 4 L 6 ? a :t 06 ry C5 4:? r O ?2 Sheriffs Office of Cumberland County R Thomas Kline ,,tr of'Umbrr Edward L Schorpp Sheriff r? Solicitor Ronny R Anderson`, j Jody S Smith Chief Deputy OFFICE OP ?HE SKR)FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/06/2009 10:19 AM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 6, 2009 at 1019 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: April N. Farrier, by making known unto Scott Bob, husband of defendant, at 153 Old Gap Road, Carlisle, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $32.50 (PAID) SO ANSWERS, March 09, 2009 R THOMAS KLINE, SHERIFF Docket No. 2009-12$9 Capital One Bank (USA), NA v April N. Farner #euty her ff j i i C .t co F* IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. APRIL 41FARr,Ttr,) J6,010 Defendant No.09-1289 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. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07104669 $1,466.02 a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 09-1289 CIVIL TERM APRIL NkARNER) 601do Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, APRIL N FARNER, in the amount of $1,466.02 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., B Attorney for Plaintiff APRIL N FARNER, (e&b) By: c _ Defend t WWR#07104669 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 09-1289 CIVIL TERM APRIL N?ARNER, Bubb 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, APRIL N FARNER, above-named, in the amount of $1,466.02 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 $1,466.02 with continuing interest thereon at a rate of 6.00% 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, APRIL N FARNER, in the amount of $1,466.02 plus continuing interest thereon at the rate of 6.00% per annum from Date of Judgment and costs. 3. 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) $500.00 due by March 060`, 2009; (b) $159.00 due by April 100i, 2009; (b) $159.00 due on the 10'h day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 1 4. All payments are to be made payable to the order of "CAPITAL ONE BANK (USA), NA" 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 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. Intending to be legally bound, the parties set their hands and seals thir day of 20 d ? WEL , WEINBERG & REIS CO., L.P.A. B 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. 07104669 By; H D4de an t, APRIL N ARNER P.,ob FILED- =il (T THE IFIR'.' Hil ,IOT,PY 2009 PAY - I PII I : 4 U t i. v y- oo'?d 44? e*d .2QSSaI RAL A, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff Civil Action No. 09-1289 CIVIL TERM 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 ;L O(f7 (xx) Assumpsit Judgment in the amount of $1,466.02 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 VS. APRIL NCFARNER) Q0bb Defendant APRIL N?FARNER,166 bb 153 OLD AP RD CARLISLE, PA 17013 Prothonotary