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Home My WebLink About09-4003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff `??G ??U? /urn No: VS. COMPLAINT IN CIVIL ACTION PATRICIA E KERRIGAN 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 07182673 C N Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No PATRICIA E KERRIGAN 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: PATRICIA E KERRIGAN 272 FAIRVIEW RD SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5127 . 4. Defendant made use of said credit card and has a current balance due of $6852.76 , 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 19.8001 per annum on the unpaid balance from May 01, 2009 . A copy of Plaintiffs 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 , PATRICIA E KERRIGAN , INDIVIDUALLY , in the amount of $6852.76 with continuing interest thereon at the rate of 19.800W per annum from May 01, 2009 plus costs. James C /Warmb t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S nth Avenue, Suite 1400 Pitts gh, PA 15219 (412 34-7955 FAX: 4 2-338-7130 071 2 73 C N Pit KMJ This law firm is a debt collector attem ing to collect this debt for our client and any information obtained will be used for that purpose. EXHIBIT I C.' PLATINUM MASTERCARD ACCOUNT JUN 29 - JUL 28, 2006 5127 Page 1 of 3 A== Sumnuuy Paymcat4Cra imandAdjmtmm PhNiotw Balance $2,055.56 1 30 JUN Cap 1 EleMonicPhomPmt AuthDate 30-JUN $168.00- Paymema Credits and Adjustments $16&00 Tramacriom $426.56 l tamectar,as Fimoce Charges $5L01 2 30 JUN PAY-BY-PHONE FEE $10.00 Ncw Belowe $2,365.13 3 04 JUL WAWA #845 DOVER DE 32.13 Mmimum Amount Due $'70.00 4 04 JUL WM SUPERCENTER SE2 CAMDEN DE 29.40 Payment Due Date Aug- 2t, 2006 5 08 JUL CASH ADV. 5 E LEBANON DOVER DE 20.00 Total Credit Line $10 000 6 09 JUL WAWA #845 DOVER DE 31.39 , Toot Available Credit $7,634.97 7 12 JUL WAL MART #5039 SE2 CAMDEN DE 42.64 Credst Line for Cash $5,000 8 12 JM CASH ADV. EDERW WAL CAMDEN DE 201.00 Avaital ie Credit for Cash $4,271-07 9 26 JUL CASH ADV. S DUPONT HW DOVER DE 60.00 10 28 JUL CASH ADVANCE FEE - - FINANCE CHARGE 16.03 Atyowsetvice To call C ummer Rdaooo, wto xpoct a Ice or Amgen car& 1-800-955-7070 Send?4m Send avquoeta Arm Pmaa a a g C,? m? = =R-1 0- b P.11a R 30285 C6adat4 NC 2827244 SIP- VI' 84130-M Latportant Aaalnt Information Take Control and startPp"'og }rne bill odine forfra. Ehnnnare the hassle of-ang cheeks, 5odmg camps, and sealing emdopea Every&%you need to awex review, and Pay your bill is avmWe odme. Our welxrte offers ru a convemeut, simpL , and secure way to manage yosv acoount. Viad www.apitalonle enm and register your socount to am -vhfyiw yore hfe today`. Finamm Chang es Pfmrcreerewxnde,/6r ra pu rse t re. f rs , ? r o n S A b lgr/ererrrrr tg p ?`g }? {? X? (? ?{ `gJ ( N .M, ypaa,A .a, ?.illlR?rl. t? PURCHASES 81587.64 .05415% 19.811% &2594 CASH &561.65 .0542411 1990% $9.14 ANNUAL PERCENTAGE RATE Whed the MW 28.48% PLEASE RETURN PORTION BELOW WITH PAYMENT v 0000000 5127 28 2365130168000070003 New Balance $2.365.13 Plearrprwt nAaJa?a4im anYorrmaldsrpn bafammw`ti6?rc.6koF.rk Mmims,m Amwnt Due $70.00 Assn Ape 4 Payment Due Datc August 28, 2006 ?? Ho Sue TIP Total endaaed $ Home PLoae At,av,e PLo« AecountNumber. •5127 Q EmaAdd- #9021072016623790# MAIL ID NUMBER PATRICIA E KERRIGAN Capital One Bank 820 CARVEL DR P.O. Box 70884 1111an1111111111has? °o APT F3 Charlotte, NC 28272-0884 DOVER DE 19901-6662 7182673 Pk"vriirpw.avwumva&ronyox,cb&1 smov&,derffwk' V aktoOgwdOwBain,wdffud,ffikewJod wveIt, PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. PATRICIA E KERRIGAN 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: CCt I QC?/n q, i el a Lance A049 WELTMAN, WEINBERG & REIS CO., L.P.A. OF THE PLO'"r'POTAWY 2009 JUN 15 pt1 ! - 33 CUtvq. -< j.,Y Al", `01 1 $ A-11 Sheriffs Office of Cumberland County Shehomas Kline 4oO'%jr eat' Edward L Schorpp Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFf1k=E ?F 7 ?ERIFF Civil Process Sergeant Capital One Bank (U.S.A.) N.A. vs. Case Number Patricia E. Kerrigan 2009-4003 SHERIFF'S RETURN OF SERVICE 06/29/2009 04:00 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2009 at 1600 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Patricia E. Kerrigan, by making known unto herself personally, defendant at 98 Fairview Road Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $46.00 June 30, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF D y Sheri p o Tk Ls . ?+.. rn C _ { WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4003 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 PATRICIA E. KERRIGAN, 17 AMY AVENUE, MAGNOLIA, DE 19962 (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: WELLS FARGO BANK, 604 EAST HIGH STREET, CARLISLE, PA 17013 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 $3,171.96 L.L. $.50 Interest $720.25 Atty's Comm % Atty Paid $116.00 Plaintiff Paid Date: JUNE 14, 2012 Due Prothy $2.25 Other Costs (Seal) Deputy 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 Supreme Court ID No. 90963 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No. 09-4003 CIVIL TERM ` tgq(o a ?;?? a r OVA 1 17? 14 PATRICIA E KERRIGAN t 1 Am? Aw. Defendant(s) - Ln 47 WELLS FARGO BANK, Upy Jh ?k, Cowki-zAe, 741 1-7013 - Garnishee(s) c PRAECII'E FOR WRIT OF EXECUTION C) X- ii ( Ti TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against PATRICIA E KERRIGAN , Defendant 3. against WELLS FARGO BANK, , , Garnishee 4. Judgment Amount $ $7,261.96 Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): 0C I? a L& on F 1 N oo tt It t? ?l sa $ $4,090.00 $ $720.25 $ $3,892.21 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 ztVa'g'-5 -1 X 6. 105:55 90 7 WWR No. 7182673 W0, a t-k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No. 09-4003 CIVIL TERM VS. PRAECIPE FOR WRIT OF EXECUTION PATRICIA E KERRIGAN Defendant(s) WELLS FARGO BANK Garnishee(s) 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. 7182673 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ???15t?K, 0t l'?Illly?lpr"f,??4 OF ICE ',F THE Sr4RIFF 11 sfi 22 AH 8: 2 9 A ! 4 4' ll 1? ? ? l a 1 Capital One Bank (U.S.A.) N.A. vs. Case Number . Patricia E. Kerrigan 2009-4003 SHERIFF'S RETURN OF SERVICE 06/20/2012 09:17 AM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on June 20, 2012 at 0917 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Patricia E. Kerrigan, in the hands, possession, or control of the within named garnishee, Wells Fargo Bank, 604 E High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Kait Filipelli, Personal Banker, personally three copies of interrogatories together with 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 June 21, 2012 to Patricia E. Kerrigan at 17 Amy Avenue, Magnolia, DE 19962. SO ANSWERS, t? June 21, 2012 RON R ANDERSON, SHERIFF Ti B ack, Deputy (c) GounlySulte Sheriff. Telecsott. Inc_ WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 4l 2.434.7959 File # 7182673 Attorney for Plaintiff(s) , ;. ;1~~~ ~ ,~} f~ »~. ~.~I ~ typ~0 T~F,° t ~ AUG 24 p~ ~~P'~~R~-AN 2 I8 EN~s 1'L ~4N A~~Y CAPITAL ONE BANK (USA),NA vs. PATRICIA E KERRIGAN, and WELLS FARGO BANK Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 09-4003 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the above matter discontinued and ended as to Garnishee(s), WELLS FARGO BANK, , only. WELTMAN, WEINBERG & REIS CO., L.P.A. By ~~~~~ William T. Molczan, Esq e Attorney for Plaintiff ~~~,s~ ~~~ ~~ 0 7 Q 8~~ ~p8/ 7