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Home My WebLink About09-8038 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA vs. Plaintiff No: 09 -gj38 (IN CIVIL ACTION JOSE A ARCHEVAL 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 07384071 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 JOSE A ARCHEVAL 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: JOSE A ARCHEVAL 206 SPRING LN ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3956 . 4. Defendant made use of said credit card and has a current balance due of $1369.14 , as of October 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 24.9000 per annum on the unpaid balance from October 21, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 11111 and made a part hereof. Y 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 , JOSE A ARCHEVAL , individually , in the amount of $1369.14 with continuing interest thereon at the rate of 24.9006 per annum from October 21, 2009 plus costs. Wa r t,42524 WEINBERG & REIS CO., L.P.A. nth Avenue, Suite 1400 gh, PA 15219 -7955 112-338-7130 C N Pit KMJ 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. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date C$938.80D -? $0.00 + $20.93 + $39.00 = $998.73 $162.00 OCx. 17, 2008 Aug. 22, 2008 - Sep. 22, 2008 Page 1 of 1 Visa Plahnurtt 4aolatt um Ac PLEASE PAY AT LEAST Tla5 MOUNT 4 382?26i 6 Yo fie behind sa by payments If we charge off your acoount due to W. or missed payments, finance clnrges will continue to accrue Ad now to prevent this from happening Plearse pay the minimum Your ACY?oUlit Information payment amount on you statement or give us a call at 1 6009,55 ? We're here to help Take control of your credit with Captal One TOTAL CREDIT LINE $500 00 TOTAL AVAILABLE CREDIT $0.00 "Important Notice- Later the terms we Vemusy disclosed to you, your amount is now eligible for en CREDIT LINE FOR CASH $500.00 ncrea lie in Annual Percentage Rates (APRs) effective immediately However, Calobl One has elated AVAILABLE CREDIT FOR CASH WOO rot to rase your APRs at this time Please be advised that if you fail to keep you account in good standing, Capital One reserves the rght to rase your APRs in tfe future Finance Charges (Please see reverse for important information) Balance rate Periodic Comespondirg FINANCE apples to rate APR CHARGE Purdeses $95856 0.015721/6 D 2490% $20913 Cash $0.00 0.00822% D 2490% $D 00 ANNUAL Pt]RCEMAGE RATE applied Uis period: 24.90 if-ZL At Your Service - Go to hwnr woitabr oan to manage you amount, or Cal 1SW9333637 m repot a bst or sir cad a 4..k to CLstoeer Relations 0 Pay online al wwwzwtibm.mm or mailyokr Pwrnont b: Cepdel One Bak (USA), NA • P G B. 70884.Onabdo, NC 26272-0984 Send Inquiries to: :ap W Ore- P O Sac 37295 - Sat Lake Cily, UT 64130 7M AM Hama question about a charge on your statement? Please refer to the Billing Rights Summary on the back oryour statement or visit wmv. ndalone can/dsoutes Payments, Credits 8 Adiustments Transactions 1 15SEP PAST DUE FEE X00 You account has gore over b aedL limit. To avoid additional overltnt fees, please pay enough to bnng your balance below your credit limit rnmedatey, and make sure you remain below your credit limit Please oe sure to account for any future purchases, fees, and firiance charges You were assessed a past due fee because your minimum payment was riot 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 MT? PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ONTO NAMN.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE 4=aPiml0ii ° what, o?, wTl?,r New Balance Minimum Payment Due Date $998.73 $162.00 OCt. 17, 2008 PLEASE PAY AT IFAST THISAMOUNT Amount Enclosed 0 4862362660103956 21 0998730053960162001 Capital One Bank (USA), N.A. P.O. Box 76884 Charlotte, NC 28272-0884 7384071 I111111111111•IIIl1.111111111111111111111111.11.1.11111.11111.11 Account Number. 4862-3626.6010-3956 Please print address or phone number changes below using blue or black ink Nome Rhone A/lemate Hrone #9026766505329489# MAIL ID NUMBER JOSE A ARCHEVAL 206 SPRING LN ENOLA, PA 37025-2105 '1111'I'IIIIII -1111.1Ill. 11.11.1111'1"II'll I1111hh1,1111111'11 Please write your account number on your payment made payable to Capital One Bank (USN, NA. and mail with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JOSE A ARCHEVAL Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and elief. Dated: Michelle Cam A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0!, FILED-?FCE OF THE PROTHCNOTARY 2009 NOV 19 AM 8: 3 3 -ry cult' it D t_'J+J P ph'I SYLVr' N A X78 CK:v Al 3Z972Y k$--- a 9 3 71.3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor omc 'FT-- -EpirF F4LEG'--QfRCE E OTARY 2009NOV 24 AM 8: 37 Capital One Bank (U.S.A.) N.A. Case Number vs. 2009-8038 Jose A. Archeval SHERIFF'S RETURN OF SERVICE 11/19/2009 07:19 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 19, 2009 at 1719 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jose A. Archeval, by making known unto himself personally, at 206 Spring Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 November 20, 2009 SO ANSWE R THOMAS KLINE, SHERIFF - romai-llj *S eriff (r,, Goun'ySUite Shen"t. Teiedaott. hic. 4 t t-~~L~> ;~r t~~,~~_ ;~. ~, ,~. ~,~~ ; ~ . ""; t env 201Q FED i 8 F~ ~ S!~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No.09-8038- CIVll, "TERM vs. JOSE A ARCHEVAL Defendant PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D Urban, Esquire PA LD. #90963 Weltman,Weinberg & Reis CO., L.P.A. 1400 Kopper Building 436 Seventh Avenue Pittsburgh, PA 15219 WWR#7384071 $1,437.97 ~~_ ~ /~J Ot ~{~ ur~l ~ ~~~~~ ~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-8038- CIVIL TERM JOSE A ARCHEVAL Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, Jose A Archeval, in the amount of $1,437.97 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMA INBERG & REIS CO., L.P.A., By: _ Attorney for Plaintiff WWR#7384071 JOSE A ARCHEVAL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-8038- CIVIL TERM JOSE A ARCHEVAL 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, Jose A Archeval, above-named, in the amount of $1,437.97 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 $1,437.97 with continuing interest thereon at a rate of 6% 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, Jose A Archeval, in the amount of $1,437.97 plus continuing interest thereon at the rate of 6% per annum from date of judgment and costs. 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) $125.00 due by 2/15/10; (b) $125.00 due on the 15th day of each consecutive month beginning 2/15/10 thereafter until the Judgment amount plus accrued interest and costs are paid in full. . '' , 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 this~~! ~ay of r ' %f~`~~ 20_~. WELTMAN, W BERG & REIS CO., L.P.A. By: Matthew D Urban,Esquire PA ID# 90963 Weltman,Weinberg & Reis CO L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 WWR No. 7384071 By: Defendant, A r val r.• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-8038- CNIL TERM JOSE A ARCHEVAL Defendant 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 ~~,1 /JU (xx) Assumpsit Judgment in the amount of $1,437.97 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 Prothonotary Jose A Archeval _ _ 206 Spring Ln Enola Pa 17025 J G~~ By: PROTHONOTARY (OR DEPUTY) WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah Ehasz, Esquire I.D. No.86469 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7384071 NPE 1 i E T NONOTAt I i I, Rr2 J' ff "4t (S) C.UMBERLANO COUNTY PENNSYLVANIA CAPITAL ONE BANK (USA),NA vs. JOSE A ARCHEVAL Cumberland County Court of Common Pleas NO. 09-8038- CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. Sworn to and subscribed ?4 Before me the H day of y, 2011 NO RY PUB WELTMAN, WEINBERG & REIS C , L.P.A. By Sarah Ehasz, Esquir Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA Notarial Seel Wayne A. Ones, Notary Public & $,pO t'd City of Pittsbuurgh, Allegheny county otY My Commission Ires June 29, 2014 y u.. 5b??? a Member: POMMOVlvanie As,wawan Tf Na axles l e4- ??-,?s -7 09,3