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Home My WebLink About09-3575' . % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. No: O't- 3575 CtVit --rem COMPLAINT IN CIVIL ACTION YANIRE RODRIGUEZ 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 07183051 C N Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. YANIRE RODRIGUEZ Defendant Civil Action No 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: YANIRE RODRIGUEZ 8 BRADFORD CT MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2397 . 4. Defendant made use of said credit card and has a current balance due of $4287.58 , as of May 01, 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 28.100% per annum on the unpaid balance from May 01, 2009 . A copy of Plaintiff's STATEMENT OF ACCO UNT 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 , YANIRE RODRIGUEZ , INDIVIDUALLY , in the amount of $4287.58 with continuing interest thereon at the rate of 28.100% per annum from May 01, 2009 plus costs. warmor L,4L5G4 WEWEINBi?h & REIS CO., L.P.A. Ja16e 43nth Avenue, Suite 1400 Pigh, PA 15219 (44-7955 338-7130 FA- 07C N Pit KMJ This law firm is a debt collector atte to collect this debt for our client and any information obtaine be used for that purpose. Preview Bdance Paymrrrta 8 Credits CCHA O TrallaKdow New Ballusle IAirirrRrn Payment Due Deb $1,421.25 - C$39.00 + $21.29 + $78.00 = $1,481.54 $481.54 Jul. 21, 2008 May. 27, 2008 - Jun. 28, 2008 Page 1 of 1 Via PhOu. AccwAt Your Account Inkml6tlon TOTAL REVOLVING CREDIT LINE $1,000.00 TOTALAVAI ABLE REVOLVING CREDIT $000 CREDIT LINE FOR CASH $1,00000 AVAILABLE CREDIT FOR CASH $0 00 FbwNCe ChWM (Pbase see reverse for anportert Infomwtlan) 131!1100 rab Pemdc Canesporxirp FINANIZ 0010d b rata APR CHARGE Pudwm $707.33 0.01630% P 16.90% $1015 Cash $72319 0.049Q9% P 17.98% $1114 ANNWLL PERCBNfm RATE appled nil period. 17.767. 921 AtYour6avlce 1400103,9637 TocdO bmsr%btrsa'brLyortabdorsbirLrod O?O?rryalIOrr84SA),N4•P0 BaL60024-Cit7dhdaoy.CA 9171FOOPA 10 band ha*Mes Eo: 141elOLSP0 Bw30296•sdLdecay ur8413Dm ® Have a pNM1011 aloat a dwIp on yow dWmmt4 PbLne refer to the Bikg Rghb SLmmay cn to bear of yar 3la0oment or vet I. MDR PAY AT LFASf TIES NAXW We beW by sN payno is If we dwrge off your acoo t the to 10 or mwead payments, fens drrges wi ombile to aoaue Ad now b prevent lees from happenng Rom pay tle montmrn payrnwLt smart on your 3lahment or gwe us a cad at 1 BM 955 66M Wdre here to held Take control of you crack w/h Capdal One PMMont% CredNs d1 Atiushme ds 1 Z7 JUN Hardshp Car" Fee Was ver x.00- Transadim 2 20 JUN PAST DUE FEE $36.00 3 26M CAPITAL ONE MEMBER FEE $3D.00 You account has gar over is aedt knit To avail addIvrwl overkra tees, plow pay wagh b brrg your balance below Mu credit tad mmKhley, and mare su0 you rertw n below yo r=2 MA Please be sure b mcDut for cry hA re piolu ea, bee, end Trace charges You were assessed a past die fee became ME rr r payment was rot rowwW by the due dMe To and the Poe in ew kwe, we moorwondt to you allow ed least 7 Wsrwss days for you masmun parrot b reach Caalel Ore EXHIBIT PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WVNY.CAPITALONEICOM TO MAKE YOUR PAYMENT ONLINE C.14~GIa:" whavs,n Y.-wallet?` 0 4862362650309720 26 1481540030000481548 New Balance Mlnbmm Payment Due Date $1,481.54 $481.54 Jul. 21, 2008 PIFASE PAY AT (FAST THISAMOU NT Amount Endosed c? Capital One Bk(USA),NA ?rlrrlLrlrlllrtrrrllrl P.0• Box 68024 City of Industry, CA 91716-0024 7226229 !'11111 nil urnllllllllllllllll llllllllllllllllllllllllllllllll Account Number: 4862-3626-5030-9720 Please pint address or Owns, nLsnber dlanIpm below Lwng We or black Ink Home Mare A/Mr"PhoW f,rnafadderr 119017929914080777# MAIL ID NUMBER VINCENT J PEROSA 11136 AUTUMN GROVE CT LAS VEGAS, NY 61135-1761 ?lnlrlLlcull!ullulLlunlllwunlanllullrlnlullnl Please write your a=unt number on your LdwdL or matey order node payable to Capital One BkM,NA and mail with this coupon in the en dosed erweMm r,, , . ? 61 PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. YANIRE RODRIGUEZ 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 and correct to the best of his/her knowledge, information and belief. Dated: ! ` / 9 Ottis Coward A049 WELTMAN, WEINBERG & REIS CO., L.P.A. O y ` L k-', 4 qS. So PO ATrY C.& "86%, V* aas 983 Sheriffs Office of Cumberland County Thomas Kline oti,r,t? of cloribcra Edward L Schorpp Sheriff 4 Solicitor Ronny Anderson Jody S Smith Chief Deputy OFFICE,, - ',E s-ERIFF Civil Process Sergeant Capital One Bank (U.S.A.) N.A. vs. I Case Number Yanire Rodriguez 2009-3575 SHERIFF'S RETURN OF SERVICE 06/25/2009 10:25 AM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Yanire Rodriguez, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Yanire Rodriguez. Deputies were advised by James Soulter who owns the house at 8 Bradford Court Mechanicsburg, PA 17055 he has never heard of the defendant. The Mechanicsburg Postmaster delivers mail to this address. An exact address for the defendant is not available. SHERIFF COST: $42.00 June 25, 2009 KLINE, SHERIFF N C? ?is? G ? fil r J ?? fI? , ?` t3? i SO ANSWERS, / f WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-3575 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK (USA), NA Plaintiff (s) From YANIRE RODRIGUEZ AT 8 BRADFORD CT. MECHANICSBURG, PA 17055 (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 MEMBERS 1sT FCU AT 1711 SPRING ROAD CARLISLE, PA 17013 PNC BANK AT 105 NOBLE BLVD. CARLISLE, PA 17013 WACHOVIA BANK AT 604 E. HIGH STREET CARLISLE, PA 17013 GARNISHEE(S) as follows: 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 $4,895.84 Interest $293.75 Atty's Comm % Atty Paid $;108.50 Plaintiff Paid Dave: 3111/11 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs avid D. uell, Prot notary By: REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Deputy Supreme Court ID No. 90963 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. YANIRE RODRIGUEZ Defendant(s) MEMBERS 1 ST FCU WACHOVIA BANK PNC BANK, Garnishee(s) ? t?? GCS 16. e 'e' lcl, 4,0 3'J 6i4 -5-v All 50 ????? S 6 ? hay 1 ? l??j ? {?bGt r) r? Pad A?j Pd At No. 09-3575 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) :71- -71 F- T 1-7 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 ?L4 WWR No. 7183051 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-3575 CIVIL TERM YANIRE RODRIGUEZ Defendant(s) MEMBERS 1 ST FCU WACHOVIA BANK PNC BANK Garnishee(s) 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 YANIRE RODRIGUEZ , Defendant 3. against MEMBERS 1 ST FCU, WACHOVIA BANK, PNC BANK, Garnishee 4. Judgment Amount $ $4,895.84 Interest $ $293.75 Costs $ SUBTOTAL: $ $5,189.59 Costs (to be added by Prothonotary): $ WELTMAN, 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. 7183051 -OFFICE r, L PROTf10,40TAt,°y z`IIf13,R30 AF1If:I8 CUMBERLAND COUNTY PENNSYLVANIA MAR 2 8 2.011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. YANIRE RODRIGUEZ Defendant(s) MEMBERS 1ST FCU WACHOVIA BANK PNC BANK Garnishee(s) Civil Action No. 09-3575 CIVIL TERM ftb1'1v'I k INTERROGATORIES IN ATTACHMENT 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 No. 7183051 IN 'I'l IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No. 09-3575 CIVIL "TERM YANIRE RODRIGUEZ Defendant(s) MEMBERS 1 ST FCU WACHOVIA BANK PNC BANK Garnishee(s) TO: MEMBERS 1 ST FCU, 1711 SPRING RD, CARLISLE, PA 17013 WACHOVIA BANK, 604 E HIGH ST, CARLISLE, PA 17013 PNC BANK] 05 NOBLE BLVDCARLISLE, PA 17013 RE: YANIRE RODRIGUEZ, 210 S NORWAY ST, MECHANICSBURG, PA 17055 Suggested Reference No.: XXX-XX-2720 XXX-XX- IMPORTANT NOTICES TO GARNISHEE! A. You are 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. Herein, 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 possession 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 the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. W WR No. 7183051 INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? ? m I?? 1 a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof, the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present 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. MA 2. At the 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. m 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? ?)u 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? YU 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? N? 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? n` IVY 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which 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 withheld under each exemption and the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. i?) W WR No. 7183051 8. Ifyou are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identity each account. 9. 1 f the answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. P`4 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. 161A H. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? W 12. If the response to Interrogatory I 1 is in the affirmative, state the amount of non-exempt funds on deposit in the account. Nip WELTMAN, 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 W WR No. 7183051 VERIFICATION Che undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is of (Title) (Name) garnishee herein, (Company) that he/she is duly authorized 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. (SIGNATURE) WWR No. 7183051 VERIFICATION The undersigned does hereby verify subject to the penalties of 19 PA, C,S, 4904 relating to unsworn falsifications to authorities, that he/she is Jody L. Burkholder (Name) Deposit Operations Analyst of Members 1 st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. i lruu 4(SIGN' MEMBERS 1" FEDERAL CREDIT UNION March 28, 2011 Yanire Rodriguez 210 Norway St Mechanicsburg Pa 17055 Account Number: XXX328 Name on Account: Yanire Rodriguez Savings: $3,258.20 - 5.00 (Membership Fee) $3,253.20 Checking: $620.41 50.00 (Processing Fee) $570.41 Account Number: XXX328 Name on Account: Victoria Estrada Yanire Rodriguez (joint) Savings: $7.51 - 5.00 (Membership Fee) $2.51 $300.00 Statutory Exemption was not taken out. ody L urkholder Deposit Operations Analyst 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • wwwmemberslst.org WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C. Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7183051 CAPITAL ONE BANK (USA) NA vs. YANIER RODRIGUEZ and MEMBERS I IT FEDERAL CREDIT UNION PNC BANK Garnishee(s) Attorney for Plaintiff(s) rrncz) - --',,`. ;r- rrl - y j IT r-- C- c.3 - c:3 3'Q r.. tv CUMBERLAND County Court of Common Pleas NO. 9-3575 CIVIL TERM PRAECII'E TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), MEMBERS I ST FEDERAL CREDIT UNION PNC BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to and sub ibed Before me t e 7day of MAY, 2011 NOTARY PU C James Warmbrodt, Esquire Attorn vOfor Plaintiff Nowal Seat W* L Gi Uk NotarY Public city of PI MMU Mh, AkghenY County A-Mr.e tuN 15.2014 (ZtA % g.ODfA a CLL+51Sal3 QWas9 aa? WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 4 12.434.7959 File # 7183051 CAPITAL ONE, BANK (USA),NA vs. YANIRE RODRIGUEZ and W' ACHOWA BANK G,rnis;'we(s) FILEDP P-UTHOOFFP?ICE C! THE OTARY Attorney for PlaintiMl SEP -9 PM I : 38 CUMBERLAND COUNTY PENNSYLVANIA Cumberland County Court of Common Pleas NO. 09-3575 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: 16ndly r„ark -,d the above matter discontinued and ended as to Garnishee(s), WACHOVIA BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By 1 James Swom to and subs r d Before me the ay of August, 2011 NOTARY P I !C Warmbrodt, Esquire for Plaintiff Notarial Seal Wendy L. Gault, Notary Public City of Pittsburgh, Allegheny County )My COMMINSldn EMIres July 15. 2014 CfC? /ora2S33' Imo' ??ys37 WELTMAN, WEINBERG & REIS,CO., L.P.A. BY: William T. Molczan,47437 I.D. No. 47437 436 7th Ave Ste 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-434-7959 File # 07183051 C N Pit SJS Attorney for Plaintiff(s) CAPITAL ONE BANK (USA),NA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. YANIRE RODRIGUEZ CASE NO. 09-3575 CIVIL TERM PRAECIPE TO SATISFY TO THE PROTHONOTARY: Kindly mark the case and judgment entered against Defendant YANIRE RODRIGUEZ as satisfied. WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. Molc n Attorney for Plaintiff oild 161 "O 14 to 7716