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Home My WebLink About09-4217IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: Oq - 4RI-7 y it -rem vs. COMPLAINT IN CIVIL ACTION JUSTIN PADEN 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 06094554 C N Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. JUSTIN PADEN Defendant Civil Action No D 1 (117 CN,/ 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: JUSTIN PADEN 1143 CROSS CREEK DR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9271 . 4. Defendant made use of said credit card and has a current balance due of $11183.23 , as of May 22, 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 25.900% per annum on the unpaid balance from May 22, 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 , JUSTIN PADEN , individually , in the amount of $11183.23 with continuing interest thereon at the rate of 25.900% per annum from May 22, 2009 plus costs. James War ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S v th Avenue, Suite 1400 Pitt u gh, PA 15219 (41 4 4-7955 FAX 4 2-338-7130 06 4 54 C N Pit KMJ This law firm is a debt collector attemyting to collect this debt for our client and any information obtained will be used for that purpose. Capital0ne Account Summary Previous Balance $5,93L68 Payments, Credits and Adjustments $.00 Transactions $35.00 Finance Charges $13L88 New Balance $6,098.56 Minimum Amount Due $6,09856 Payment Due Date March 27, 2006 Total Credit Line $4,900 Total Available Credit $.00 Credit Line for Cash $4,900 Available Credit for Cash $00 $35.00 A7 your service To alit Cusv? Rdstwns w m report It lost w stAm alyd 1-800-798-0363 Sind paymmo tar: Attn: Ranaouiae Proaewsg Sind mq,- a Caf.ml One Bank Cgr.W One P.O. B. 790216 P. Box 30285 St Laos, MO 63179-0216 SLC, UT 84130-0285 PLATINUM VISA ACCOUNT 4862-3622-8221-9271 JAN 28 - FEB 27, 2006 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 27 FEB PAST DUE FEE As a valued Capital one summer, you are eligilAc to receive a free Yea-End Summary for this specific account that recaps your 2005 charges, provided yotu account is in good standing and you have made transactions during the calendar year. Please go to www.rrprtalonexom and access yore account to request your Year-End Suuurnry online or call 1-877-794.4487 before March 31, 2006, to rexrn your copy. Orders will be mailed out by the end of Aprrd 2006. You were assessed a past due fee of $35,00 on 02/27/2006 bemw your minimum Payment was not rwxived by the due date of 02/2712006. To avoid this fee in the future, we recommend that you allow at least 7 business, days for }roar payment to reach Capital One. EXHIBIT r F'matrce Charges Pleax tee rnwm nde i6r important mfx7nahon Balmrnsdr pi r cl Yl M gepdrdb ll f PURCHASES 15XI.97 3 00 .07096% 25.9091 90% 07096% 25 $117.07 00 $ CASH . SPECIAL TRANSFERS $673.28 . . .070M% 2590% . $11.81 ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT • 6094554 CapltalOne 0000000 0 4862362282219271 27 6098560146006098561 r?ar?t,r,r ea?arr? r-ma<tdm,rr..?rrrw?aru a?a.,,k New Bahtnce $6,098.56 Murimum Amount D. $6,098.56 Payment Due Date March 27, 2006 - Total enclosed $ 1 Amo=Numbc 4862-3622-8221-9271 Capital One Bank P.O. Box 790216 1111111111111111111111 St. Louie, MO 63179-0216 1111111 1111 111 1 lull I I lolh 1111 11 111111111 11111 11 111111 to 111 Piave writeyrraxmw "O rberonpse Ape Y S.. Home Plmu Alva u Pl- F.WAddrea as #9005981885884624# MAIL ID NUMBER JUSTIN PADEN m PO BOX 962 o MECHANICSBURG PA 17055-8962 o ? 0 11111- djxh or moe y order madetarya k to Orprtd Ow Bank and mail in the ewkved exvelopc. F- PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JUSTIN PADEN 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 Ac ' rue and correct to th best of his/her knowledge, information and b e£ r Dated: b`9 i &k-/ - Tameka YoAna A049 WELTMAN, WEINBERG & REIS CO., L.P.A. V 1-7 v 4'79,5o PA ATTY aal o 4a Sheriffs Office of Cumberland County Thomas Kline ?a„t,, of rrrrrz f rj Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy 'HE -'"ERIFr Civil Process Sergeant Capital One Bank (U.S.A.) N.A. vs. I Case Number Justin Paden 2009-4217 SHERIFF'S RETURN OF SERVICE 06/29/2009 04:46 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2009 at 1646 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Justin Paden, by making known unto Nicholas Huntley, adult in charge at 1143 Cross Creek Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 June 30, 2009 SO ANSWERS, R THOMAS KLINE SHERIFF Deputy Sheriff (? N w C_.. l_.' r r ' r - i f 1 (D < . "v FILED--~• , -•E= :,,_ f i M 4 ~'r~ .' ~Yn 2010 ~~.-~~ 1 S ~f~ 9~ 57 r'cI'~°v`a'! L'~~i.1,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. JUSTIN PADEN Defendant CITIZENS BANK, Garnishee, No. 09-4217 CNIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FII.,ED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAIrI, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06094554 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNII, DNISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-4217 CNIL TERM JUSTIN PADEN~ I I't3 Cncss Cl~ek. 'pr-, ~~ , pA . 17oSa Defendant CITIZENS BANK, a W . MQin 8•, McCti , p R 17 os,5 Garnishee PRAECIPE FOR WRIT OF EXECI~FI'ION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBRELAND County: 2. against JUSTIN PADEN, Defendant 3. against CITIZENS BANK, Garnishee 4. Judgment Amount Interest Costs SUBTOTAL: s 0 Costs (to be added by Prothonotary): ~214.5o P ~ ~T~~I 37. oo (' Br 78.5 r~. «, ~~ a. so 4 X5(0.50 - Pp A1'T'1 ~a.oo ~~ 'So w ~~ 44aa3a3 I~# 0'213 Co4q ~~p~ $ 12,330.01. $ 188.50 $ 12,518.51 WELTMAI~VEIl~BERG & REIS CO., L.P.A. B~ ~~~ Mathew D. Urban, Esquire PA LD. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4217 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 JUSTIN PADEN, 1143 Cross Creek Dr, Mechanicsburg, PA 17050 (1) You are directed to lery 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: CITIZENS BANK, 2 W. Main Street, Mechanicsburg, PA 17055 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 $12,330.01 L.L. $.50 Interest -- $188.50 Atty's Comm % Due Prothy $2.00 Atty Paid $156.50 Other Costs Plaintiff Paid Date: 6/15/10 . Buel Prothonotary (Seal) By; Deputy REQUESTING PARTY: Name MATTHEW D. URBAN, 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. 90963 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronn R Anderson :~ y flt.~~ ='" Sheriff Jody S Smith Chief Deputy 2~td ~~!~~ z~ ~tt ~j: ~1~ Richard W Stewart Solicitor ~~~ ~~ ~~~ ~~~~~~ Ck~3VSr~~:.,,, 1iJ~J~ ~~ . Capital One Bank (U.S.A.) N.A. Case Number vs. Justin Paden 2009-4217 SHERIFF'S RETURN OF SERVICE 06/24/2010 03:25 PM -Ryan E. Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2010 at 1523 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Justin Paden, in the hands, possession, or control of the within named garnishee, Citizens Bank, 2 W Main Street. Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to John Cappawana, Manager 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 him. The writ of execution and notice to defendant was mailed on June 25, 2010 to Justin paden at 1143 Cross Creek Drive, Mechanicsburg, PA 17050. SO ANSWERS, June 25, 2010 RON R ANDERSON, SHERIFF ~ ~ ~~ r Ryan E, Burgett, Deputy C Coun?ySU!te j~'^:e`:r,f{. lF',I. i'.^.50}l. If':.:. ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~PA t CIVIL DIVISION ~ ~ °-t ~- - - .- ~ - W Code: 200 Execution -ri ._~ Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania r~ __ t-, , ~-; .-~^ NO.: 09-4217 CIVIL TE>1 ''_` ._ c . r.> Counsel of Record for this Party: Nicholas Deenis, Esquire CAPITAL ONE BANK (USA), N.A. ) Answers to Interrogatories ~ cs~ PA I.D. No. 62378 Plaintiff(s), vs. JUSTIN PADEN Defendant(s), vs. Citizens Bank of Pennsylvania, Garnishee. ndeenis@stradley.com Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355-1481 (484) 323-1351 (610) 640-1965 fax www.stradley.com -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A. Plaintiff(s), vs. NO.: 09-4217 CIVIL TERM JUSTIN PADEN Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS 1-12) At the time of service ofabove-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of PA, states that with the information provided it maintains no deposit accounts in the name of the Defendant, JUSTIN PADEN. Therefore, no funds are being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Christina Graham who being duly sworn according to the law deposes and says that she is an Operations Clerk, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. L, hristina Graham Sworn and si bscr~t~ed before me this 'J-~~I ~ ~ day of ~ l~ U , Zo l o. ~c~' W ~- Notary Public ooMMONwen~n~ of a~NSnvanrn NotarlN Ssel Dora WINax>lon, Notuy Pubtk ~Ya`Y~IY My ~ArtMni~lOn 0q~ires 26, 2014 Member, PennsylvaMa Assoclatlon of Notaries Certificate of Service I, Christina Graham, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this 14th day of July, 2010. WELTMAN, WEINBERG & REIS 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 ~~ hristina Graham 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: 412.434.7959 File # 06094554 Attorney for Plaintiff(s) DISCOVER BANK vs. JUSTIN PADEN and CITIZENS BANK Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 09-4217 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s), CITIZENS BANK, only. WELTMAN, WEINBERG & REIS CO., L.P?. c ` William T. Molc n, Esquire =r, Attorney for Plaintiff C n ?, w n ?. _3 Sworn to and subscribed Befo me the 3i Day of AUGUST, 2010 NOTAR IC COMMONWEALTH Of, 14ENN1111YLVANIA Notarial Seal Wendy L. Gault, Notary Public ±' Pittsburgh, Allegheny County ammsson Expires lulyt5 2014 $B-M Pp per/ IX -2V8 ? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ILE"D 0FFI E ?7 G?rl i 1 <I F! 1 G Jody S Smith Chief Deputy 11 JAN _6 AM 9, 28 Richard W Stewart Solicitor CUMBERLAND ;'1s`, Capital One Bank (U.S.A.) N.A. vs. Case Number Justin Paden 2009-4217 SHERIFF'S RETURN OF SERVICE 06/24/2010 03:25 PM - Ryan E. Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2010 at 1523 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Justin Paden, in the hands, possession, or control of the within named garnishee, Citizens Bank, 2 W Main Street. Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to John Cappawana, Manager 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 him. The writ of execution and notice to defendant was mailed on June 25, 2010 to Justin paden at 1143 Cross Creek Drive, Mechanicsburg, PA 17050. 01/05/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $91.17 January 05, 2011 $'2. s0 erEd 7?V3/ -as330s .: Gnunty3uite Sf12r?t. 7eieo.=.c3. Icc. SO ANSWERS, RON R ANDERSON, SHERIFF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4217 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 JUSTIN PADEN, 1143 Cross Creek Dr, Mechanicsburg, PA 17050 (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: CITIZENS BANK, 2 W. Main Street, Mechanicsburg, PA 17055 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 $12,330.01 Interest -- $188.50 Atty's Comm % Atty Paid $156.50 Plaintiff Paid Date: 6/15/10 (Seal) REQUESTING PARTY: L.L. $.50 Due Prothy $2.00 Other Costs -.1 1 Name MATTHEW D. URBAN, 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. 90963 Deputy