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HomeMy WebLinkAbout09-2757 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: QQ - -27s7 vs. COMPLAINT IN CIVIL ACTION PATRICK WALTERS 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 07062506 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 PATRICK WALTERS 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: PATRICK WALTERS 403 GETTYSBURG PIKE MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6340 . 4. Defendant made use of said credit card and has a current balance due of $8238.13 , as of March 19, 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 19.900 per annum on the unpaid balance from March 19, 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 , PATRICK WALTERS , INDIVIDUALLY , in the amount of $8238.13 with continuing interest thereon at the rate of 19.900 per annum from March 19, 2009 plus costs. James C. rmbrodt,42524 WELTMAN, W INBERG & REIS CO., L.P.A. 436 Stl Avenue, Suite 1400 PittsPA 15219 (412) 955 FAX: 8-7130 07062 N Pit CFR 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. EXHIBIT Previous Balance Psymants b Credits C Ai W CE Transactions New Bslena Minimum PaIrmant Due Dow $5,621 61 - $0 00 + $95 81 + $35 00 = $5,752 42 $1,11900 Mar 12, 2007 Jan 13, 2007 - Feb 12, 2007 Page 1 of 1 PLEASE MY AT OAST TIM AMOUNT Visa Platinum Account 4t162.3M41N4340 Your Account Information TOTAL CREDIT LINE $5,00000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $5,00000 AVAILABLE CREDIT FOR CASH $000 [ANNUAL nance Charges (Phase see reverse fCarmp?ortaard nfamason) Bal aapplpleed to P APR dreg FINANCE rchases $5,688 93 0 05452% 1990% $96 81 sh $0 00 0 05452% 1990% $0 OD PERCENTAGE RATE applied this period. 19.90% ® AIYour Service 1400.985.7070 Tocd Cwt ffw ReYeowumreportalopwstolencad ® Send psymerds to. Capital One Barest P.0 Bat 70884 Owilotts, NC 2827 -M A Serid Inquiries to. Capital Ora P 0 But 3= Sae Wes pity, UT 5413D-CM Your account is six payments behind Rwe charge oll your account due to We psyrnents, we will report the charged-off Btaaie to several Adonal oredil bureaus, and the Purdue APR ea reladed on the statement will be applied to d your oiihtandae balances Ad now to pi'ward this from happen Please psy lle amount due on your sbbmmt or giveus a ml al 1800965.8800 1W11 work withyou so you can Win coned aryaw account and slat rebuilding your caedd wAh Capital One "Inportard Notice" Under to terms we pismusly disclosed to you, your account is now eligible for an muse in Antral Percentage Reiss (APRs) eflectve immediately However, Capital On has dedW not to moo your APRs at this lime Please be advised that it you fed b kesp your account in good standing, Capital One reserves the no to rase your APRs in the kisire PaVmeft Credits 8 Adiustnlerds Transactions 1 12 FEB PAST DUE FEE $3500 You were assessed a put due fee bemuse your rmumum payment was not received by the due data To avoid this fee in the future, we recommend that you allow at least 7 business days for your roimxm palmed to reach Caputal One •'• Please Note - Some of the teens of your somrd are changing Please read the endosed not6mton 6056 506 1 7 12 070212 PAGE 1 of 2 OIBC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0 4862362341986340 12 5752420305001119007 what's in your walletT Account Number: 48 62-3 6 2 3-41 98-6 340 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink $5,75242 C$1,11900 Mar 12,2007 Address PLEASE PAY AT LEAST THIS AMOUNT Home Phone ARemate Phone E-mad addre? 4a? Amount Enclosed . e1004443443576179a MAIL I) NUMBER PATRICK WALTER: 43 S 20 ST APT 6 Capital One Bank COLUMBIA, PA 17512-1436 P.O. Bout 70884 Charlottes, NC 26272-0884 7062506 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 PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. PATRICK WALTERS 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: --?-! Ricky Evans A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 09 o F , r- T r : ?I 2L;0 AY r7B. SD CK-:0 3qI,sFs'l Rte- V Z24/977 Sheriffs Office of Cumberland County R Thomas Kline ?acp at £uarbtr'?0 Edward L Schorpp Sheri r Solicitor I' 6 Ronny R Anderson" Jody S Smith Chief Deputy OFFICE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/21/2009 06:35 M3 Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 21, 2009 a5 hours, he served a true copy of the within Complaint and Notice, upon the within named defenda t, to wit: Patrick Waiter, by making known unto Jessica Walters, wife of defendant, at 403 Gettysb rg Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the same time ha ding to her personally the said true and correct copy of the same. SHERIFF COST: $47 May 22, 2009 SO ANSWERS, 5OMAS tE SH IFF Deputy Sheriff 2009-2757 Capital o v Patrick Walter ru C ; a - ':' t__ w_.a T ?'z 1-5 1-M r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (?1SA),NA Plaintiff No. 09-2757 CIVIL TERM vs. PATRICK WALTi,.i:S Defendants) FULTON BANK Garnishee(.,) PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7062506 IN THE COUP T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (I_ISA),NA Plaintiff vs. PATRICK WALTERS- $fo Essex eit& Dr Defendant(s) reuAb y FULTON BANK Garnishee(s) Civil Action No. 09-2757 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue. a Writ of Execution in the above matter... 1 • directed to the Sheriff of CUMBERLAND County: 2. against PATRICK WALTERS , Defendant 3. against FULTON BANK... Garnishee 4. Jud?.'nent Amount &-g lo /n ?k? Usli?ike Meftn(cabonn,,PA 17050 Less Payr,3ents/credits received Int=rest Co',v. SU LTOTAL: Coss ito be added by Prothonotary): l?J *014.5o P15 AYTY 'x7.80 cap' 78.50 114- oo &.60 N 11e, ?..30 - PQ A7r/ 4a.oo Oueo' •5o (.(, elf twict6(0 0 W4 598 U)rifq &4".-d rnm a - Fri- F =:;U GG ) c: CD c? $ 8635.8 $ 100, OD $ 980.79 $ 9516.59 WELTMAN, WEINBERG & REIS CO., L.P.A, ??r By: ir L William T. Molczan, Es re PA I.D. #47437 WELTMAN, WEINBERG & 1400 Koppers Building REIS CO., L.P.A. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 S(o 35.ga l O O.po D?,o437 WWR No. 7062506 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO -2757 0 Civil CIVIL A ACTI CTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From PATRICK WALTERS, 26 Essex Circle Drive, Shrewsbury, PA 17361 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: FULTON BANK, 6520 Carlisle Pike, Mechanicsburg, PA 17050 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,535.80 Interest -- $980.79 Atty's Comm % Atty Paid $167.30 Plaintiff Paid Date: 8/1/11 (Seal) REQUESTING PARTY: L.L. $.50 Due Prothy $2.00 Other Costs David D. Buell, ProthonotaryBy: Deputy Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson'- Sheriff T f11E ' R C Jody S Smith Chief Deputy Richard W Stewart Solicitor ???6SLi, 0? 4SIIN(?ErJ?h? 2011 AIJG 12 A 8 0 u CUMBERLAND C', i,; G ;` AENNSYL ?,ANit- Capital One Bank (U.S.A.) N.A. Case Number vs. Patrick Walters 2009-2757 SHERIFF'S RETURN OF SERVICE 08/05/2011 12:47 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Fulton Bank at 6520 Carlisle Pike, Suite 600, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County, by handing to JODY LEWIS, BRANCH MRG., personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on August 8, 2011 to Patrick Walters at 26 Essex Circle Drive, Shirewsburg, PA 17361. SO ANSWERS, P ' --? August 08, 2011 RON R ANDERSON, SHERIFF i liam Cline, Deputy C, G?tmiySUitl fne; ` f e 2,... ft Ir,, r (? r I,no s HCNO (Af\ ?2tI I AlulG 12 R? 3: Dt CUMBERLAND COUNT`; PENNSYLVANIA IN THE C')URT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK -.JSA),NA Plaintiff vs. FULTON BANK Garnishee(s) PATRICK WALTERS Defendant(s) Civil Action No. 09-2757 CIVIL TERM Ans m 40 INTERROGATORIES IN ATTACHMENT 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 No. 7062506 IN THI; CO! iRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (iJSA),NA Plaintiff vs. PATRICK WALTER.S Defendant(s) FULTON BANK Gamishee(s, Civil Action No. 09-2757 CIVIL TERM TO: FULTON 'ANK, 6520 CARLISLE PIKE, MECHANICSBURG, PA 17050 RE: PATRICK WALTERS, 26 ESSEX CIRCLE DR, SHREWSBURY, PA 17361 Suggested Referenc;. No.: XXX-XX-0688 XXX-XX- IMPORTANT NOTICES TO GARNISHEE! A. You re required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Hert•in, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee%s, poss=sssion thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of th:: Wr">, or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during th a intervening period. WWR No. 7062506 ; INTERROGATORIES IN ATTACHMENT 1. At the th-ie you were served or at any subsequent time did you owe the defendant any money or were you liable to hirr. on 'any negotiable or other written instrument, or did he claim that you owed him any money or were liable to hint for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? /u) 1 a. If tb,: answer to Interrogatory I is in the affirmative, state the following: the amount of money you owe or ow•.d to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amotmt s;ld amount you owe or owed to defendant on each of such negotiable or other written instruments and the nresfnt location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. 2. At th,, time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. IV 3. At he tir_,e you were served or at any subsequent time did you hold legal title to any property of any nature owned soieb. or part by the defendant or in which defendant held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant ,n interest? 0 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? AA 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? P 7. If )' -)u are a bank or other financial institution, at the time you were served or at any subsequent time did the defendanA have funds on deposit in an account in which funds are deposited electronically on a recurring basis and Miich are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheid under each exemption and the amount of funds in each account, and the entity electronically deposai•tg :nose funds on a recurring basis. NVWR No. 7062506 8. If yp?j ar,; a bank or other financial institution, at the time you were served or at any subsequent time did the defendu,-t hav-:' funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funs, jid not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 00 Ae c. 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. 10. If thy: answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certific=ate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. L H. . If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not depo?:ted eh.-ctronically on a recurring basis and which are identified as being funds that upon deposit are exempt from ex I::uticn, levy or attachment under Pennsylvania or federal law? ------------ 12. If ti=e response to Interro a 1 is in the affirmative, state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. By: w j William T. Molczan, Es#re PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7062506 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsific-aoiis to authorities, that h she is s _ of C , garnishee herein, (itle) (Company) that he/she is duly ti,_uthorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (??, &Me4 (SIGNATURE) WWR No. 7062506 WELTM.kN, Vr,FINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire Attorney for Plaintiff(s) I.D. No.42.`.:;! 436 Seventh Av,.,rue, Suite 1400 Cl Pittsburgh, NA 15219 C Phone: 4121=134 "955 a -rr ax: 412.41,1.79.i9 Z ? rom File # 7062506 tv =o DC) 3 a CAPITAL ONE RANK (USA),NA CD , Cumberland County p Z Court of Common Pleas n -? vs. PATRICK ' ',%1ALTERS and FULTON BANK Garnishee(s) NO. 09-2757 CIVIL TERM Pr%AECIPE TO DISCONTINUE ATTACHMENT EXECUTION T J FHE PROTHONOTARY: Kindly rr.: rked the above matter discontinued and ended as to Garnishee(s), FULTON BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to a..d subscribed Before me day of August, 2011 i } -NO AR! P?,JBI.;C COMMOWN LTH jr P NNSYLVANIA Notsdal Sea, Public, Shelia G. Bevan, Notary RpSSTWD•, Alieg n? 15, 2014 My commission Eviras TrON OF NO-rARSES MEMSER,PENNSYLVAN'A A5 48.oo Po ,*TM 0-01b0880 35 jy,c o3 8(00 SHERIFF'S OFFICE OF CUMBERLAND COUNTY l Anderson jj? LL g / ;4 ?tlV 4 4.,ottrP(f? ?t P ,, .. F ay S smith .10MAR 22 AM 10? 1 ; .thief Deputy Richard W Stewart ??U?BERL?;?D ls [ PENNSYLVANIA Solicitor Case Number Capital One Bank (U.S.A.) N.A. 2009-2757 VS. Patrick Walters SHERIFF'S RETURN OF SERVICE ding to law 47 PM -William Cline, Deputy, who being duly sworn accor, attached as o hS essionmoranded 08/05/2011 all go all goods, chattels, rights, de t 't Fulton Bank at 6520DCaes eaPike, Suite 600, Silver Spring control of the within named garnishee, handing to JODY LEWIS, BRANCH MRG., Township, Mechanicsburg, PA 17050, Cumberland County, by personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on August 8, 2011 to Patrick Walters at 2 Essex Circle Drive, Shirewsburg, PA 17361. Ronn R. Anderson, Sheriff, who being duly s Hoover 6 molnths? law, states this writ of execution is 03121/2012 Y returned as ABANDONED. No action on writ SO ANSWERS, SHERIFF COST: $92.21 4RON ANDERSON, SHERIFF March 21, 2012 pa- (d!. C;our.-': ?'•?He She;fl Te?ecso;t, Inc.