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HomeMy WebLinkAbout10-0297FILED-OFFICE ty THE I3 01i 10NOTARY 2010 JAN I I PH 12. 18 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: 10 vlq'? CIVt? 11°X'V1 vs KEVIN GUTSHALL COMPLAINT IN CIVIL ACTION 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 07822163 C N Pit KMJ $9a.oo Pb A771/ CK-? `?,? a aoN ?8ga3o3? a3. a 9/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. KEVIN GUTSHALL 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: KEVIN GUTSHALL 4228 CARLISLE RD GARDNERS, PA 17324 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8929 . 4. Defendant made use of said credit card and has a current balance due of $4162.14 , as of December 10, 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 10.900% per annum on the unpaid balance from December 10, 2009 . A copy of Plaintiff's Statement 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 , KEVIN GUTSHALL , individually , in the amount of $4162.14 with continuing interest thereon at the rate of 10.900% per annum from December 10, 2009 plus costs. t,42524 James C rAen WELT & REIS CO., L.P.A. 436 S ee, Suite 1400 5219 Pitts ur (412) 43 FAX: 41 -338-7130 078 21 3 C N Pit KMJ This law firm is a debt collector attemV-ing to collect this debt for our client and any information obtained will be used for that purpose. EX IBIT FINANCE Previous Balance Payments 8 Credits CHARGE Transactions New Balance Minimum Payment C$3,673.60 - $0.00 3 " $30.89 11 $78.00 = $3,782.49 $698.00 Feb. 25, 2009 - Mar. 24, 2D09 Page 1 of 1 PLEASE PAY AT LEAF TITS AMWW Visa Platiman Account 41IM41 71d181411129 C? Your Account hdbrffmdm REWARDS TOTAL CREDIT LINE $3,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,000.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse feu important information) Belanoerate Perndic Ccxrasponoilg F7MNCE applied to rate APR CHARGE purdeses $3,69402 0M98M P 1090% $30.88 Cash $0,00 0.04829% P 1799% $D.00 ANNUAL PERCENTAGE RATE applied this period: 10.90% © AtYourservim-Gobwrayur UbMMIDMenegs)trraooout, 0.r CA140M%.707D b repot a bst m sbbn rod ur wmkb Disbiw RedV e Due Date Apr. 18, 2009 YoLtre behead by m paymerRs If we charge off you a7'ant cue to lale Or missed payrnants, fiance charges wi contrnue to accrue Act now m prwerd this from teppenng Please Psis' to mrwrurr payment amount on your stalernent or give us a cell at 1 800 955 66M We're here to hey Takm mntrc of you ae2 wlh Captal One 'Important Notos° Under to tams we prey dtsd09ed W you, yar account s now eJgble for an increase n k" Perrehliw Rates (APRs) enecb+e rarneclis* Fbwever, Colptal One has elected riot to raps you APRs at the tine Please be ad sed that If you fat t0 keep you secant in good stahdrg, Cpl One reserves the rKlht b raise your APRs in to kiure RCYYYdi SUMMMY PrevaA Nowblabalance 2,589 Earred his psnd 0 (relbds tariswhons Pond dreg his bang 0") 2 SB9 Available Bala LCe Payments, Credits 0.r h4ushneFLts Transactions 1 21 MAR PAST DUE FEE $1900 2 24 MAR OVERUMIT FEE MAR 24,2309 $3900 ?I 0 PryOnline, awwjw61bMom amdYowPymatb: Captel Ore Bank (USA), NA - P 0 Bar T10&3. OhorM, NC 28272-1083 ® sand Inqubfas to: Your account has gore wer is as* hint To mold addtAnd war rhi fees, you sho ld Pas more than Gael One- P 0 Bx 30285 -Set Late CRY, UT 841300285 the Mramum Payment. Please pay erlO o b brig ymr a cD rt bdanoe below your acct tint mmedlatilj, and make sue you accau t belaloe rsrors below you aedl hint Please be sue the ® Hitne t youir Rewards wi-by Vlatl g amount you pay accorrts for ary future purchases, fees, and alarm charges 180678 30D1 You were assessed a past due fee because you rroh nurn payment was not roomW by the die dale To ???.?,n amid t us fee in the future, we nacommend that you abw at least 7 business days for your mramun ® Nave a question about a Jorge on your dden w0.., poy rienl b reach Capital One Phase refer tD the Bdk g Rob Summary on the bade dyci r stimisnlavetwwwantahmeOOf fcbpute9 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W WW.CAPITAIONEiCOM TO MAKE YOUR PAYMENT ONLINE 18929 24 3782490100000698007 7822163 `' AcoouM Number. 4862-3671-5387-8929 Lend a hand. Save the land. Due Date New Balance Minimum Payment Amount Enclosed Manage your account online today- Apr• 18, 2009 $3,782.49 $698.00 - it's fast, easy and secure. ® Pay online anytime-no more checks, stamps or clutter ?A?? Q Moving? Change your address online or on the back e Help save the planet Go paperless #91008467803659741# © Sign up at www capdalone com KEVIN GUTSHALL 4228 CARLISLE RD Capital One Bank (USA), N.A. P.O. Box 71083 GARDNERS, PA 17324-9061 Charlotte, NC 28272-1083 ll1.lllllllll.??JIJ1Ir,InIIIIJlul1ll Il????lsllls'1111'II'?I??IIIn??III1nIIJr???slln???1??1?'?I1? Please make drecks payable to Capital One Bank (UW, NA and mail with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. KEVIN GUTSHALL 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 belief. Dated: Shawn Wood A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff T r.,^r} , . , Y Jody S Smith Chief Deputy 201C FEB 16 PM 2:13 Edward L Schorpp Solicitor - Cv= -` •? %r: Uf?lTY Capital One Bank (U.S.A.) N.A. vs. Case Number . Kevin Gutshall 2010-297 SHERIFF'S RETURN OF SERVICE 02/11/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kevin Gutshall, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Kevin Gutshall. After several attempts the Complaint and Notice has expired. SHERIFF COST: $72.60 SO ANSWERS,- ' P ?r February 11, 2010 RO Y RANDERSON, SHERIFF r N JUN 2 4 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff No. 10-297-CIVIL TERM vs. KEVIN GUTSHALL ORDER OF COURT s ~-, AND NOW, to-wit, this ~',~ day of Gc ` 2010, upon consideration of the foregoing Motion for Service of the Complaint Pursuant to Special Order of Court and attached supporting affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil Action may be made on Defendant, Kevin Gutshall, by permitting the Plaintiff to mail a copy of the Complaint to the Defendant the last known address being 4228 Carlise Road, Gardners, Pa 17324 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. BY THE COURT: ~~~~, DISTRIBUTION: Kevin Gutshall 4228 Carlisle Road Gardners, PA 17324 ~ William T. Molczan, Esquire Weltman, Weinberg & Reis, Co. LPA 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 C'Qpres ~a.+ led 7JI~/1v t J c . ~ •..'1 'rr -rr ~`-~" r r o ~ c_ ~_ --~~.- Z ~ _ _ , ;, _ + ~ :, rn ~ t- r1. - ' 'T, ~ ~, __ - t _ ;~_ ~ .; ~ . . .. ~ WWR #7822163 ~' ~G. -~-~,v.~ k ~` t ~.~-{}~~ ~~~ ~~ ~~~? ~ .~.~aTa~ ~~~ -2 PN f~ 19 Ct1~Ig~~? -~~~v ~OU{YN PENNSYLV~A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No. 10-297 CIVIL TERM vs. PRAECIPE TO REINSTATE COMPLAINT KEVIN GUTSHALL Defendant(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA ID #205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Buidling 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7822163 NPE $ ~o . oo A o Apt,/ ~~ 9 b78 u r 7 ,~ a X17 (o ~ y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY; PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. KEVIN GUTSHALL Defendant(s) Civil Action No. 10-297 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN,J~INBERG & REIS CO., By: ~ - Lyndsay E Ro I d, Esquire PA ID #20552 WELTMAN, INBERG & REIS CO., L.P.A. 1400 Koppers Buidling 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #7822163 ~- -.. _ Zt~1tl GC~~ -1 P 2~ 5~ ~'U?B~R~~,P~~ ~flUN~f ~~ n~SY~.`~hN1A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. KEVIN GUTSHALL Defendant No. 10-297 CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT' FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THI5 PARTY: 3ames C. Warmbrodt, Esquire PA LD. #42524 WELTIVIAN, WEINBER.G & REIS CO., L.P.A.. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#7822163 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL DIVISION CAPITAL ONE BANK (USA}, NA Plaintiff No. 10-297 CIVIL TERM vs. KEVIN GUTSHALL Defendant AFFIDAVIT OF SERVICE OF COMPLAINT BEFORE NIE, the undersigned authority, personally appeared James C. Warmbrodt, Esquire, who according to law deposes and says that a copy of the Complaint in Civil Action has been served on the Defendant, KEVIN GUTSHALL. 1. On or about JULY 13, 2010, Plaintiff received a signed Order of Court permitting service, on the Defendant, to be complete and valid upon mailing to the complaint by first class mail, certificate of mailing and by certified mail, return receipt requested. Said. Order of Court is attached as Exhibit "1 ". 2. On or about SEPTEMBER 14, 2010, Plaintiff mailed the complaint to KEVIN GUTSHALL. Said. certificate of mailing anal certified mail receipts are attached as Exhibit " 2". WELTMAN, WEINBERG & REIS, CO., L,P.A. James C. W' odt, Esquire PA LD. #42 24 WELTM INBERG & REIS CO., L.P.A. 1400 Ko ers uilding 436 Sev th venue Pittsbur A 15219 (412) 4 4 955 WWR# 2]63 Sworn to and sulk ibe before me this day of -*. 2010. NOTARY PUB IC COMMONWEALTH Of PENNSYLVANJA+ Notarial ~~ ~ Pubtit Wendy L. Gault, ~ burgh, Atle4~y County My issfon F.~cP!res ~uVy~:2p14 -- Member. nnsvlvania Assodatlon of Notaries JUN 2 4 ZO10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff vs. KEVIN GUTSHALL No. 10-297-CIV1L TERM uFci2Ei~ O)r C:Oi11Z'1' ~~ AND NOW to-wit this /v~ day of 2010, upon consideration of the -- ~ ---~ foregoing Motion for Service of the Complaint Pursuant to Special Order of Court and attached supporting affidavit, it is hereby ORDERED, ADJUDGED AND DECREF;D, that the service of the Complaint in Civil Action may be made on Defendant, Kevin Gutshall, by permitting the Plaintiff to mail a copy of the Complaint to the Defendant the last known address being 4228 Carlise Road, Gardners, Pa 17324 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. BY T'HE COURT: /,~%~~L DISTRII3UT'ION: Kevin Gutshall 4228 Carlisle Road Gardners, PA 17324 William T. Molczan, Esquire Weltman, Weinberg & Reis, Co. LPA 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 EXHIBIT WWR #7822163 ti ti o, 0 0 Retum Receipt Fee O (Endorsement Aequ~ ~ Restricted De{ivery Fee ~ (Endorsement Required) C`- ~D Total Postage & Fees r-R 0 r~ O t'`~ ._-, U/U1T,Efl ST/STES Certificate Of .OST1.tL SERYICE,~ Mailin This Certif of MalRng provides evidence That mall has been presented lc USPS® for maNing. This form he used for domestic and inlemational mail. From: gYeltnlQn WeinU® ~ a ~a 11 ~ a11n~ ~i --- J~ L~. 43b 7fh Ave, v i s ur~h, PA 15219 To: -- X11 r ~m~« `~ ~~r1~5 PS Form 3$17, April 2007 PSN 7530-02-000-9065 Tc ~ ~ I m ~ ~ J r ~-~ .._~-°~ 7 ., y 9T y TA f~:~ ~ .~ t, !~ y~sc~ ;;.:~,a s ~~ ~y , y ~, a°~ ,;, ~ ~~ w 1~ y+ -- ssd~~a ~sat~ EXHIBI`~ a 4~~ ~u ~~ ~-- ~„ 1 r~ w~ ~ ~ t~ ~~ u FILED-OFFICE OF THI+ PROTHONOTARN ,10 NOV 15 PM 4. 11 OU149BE Y?? AN1A TY FFN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. KEVIN GUTSHALL Defendant(s) No. 10-297 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7822163 NPE r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-297 CIVIL TERM KEVIN GUTS1 ALL Defendant(s) PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE TO REFILE TO THE PROTHONOTARY OF COUNTY: Settle, Discontinue and End With Prejudice to Refile the above-captioned matter upon the records of the Court and mark the costs paid. Sworn to and subscr ed Before me the .-. Day of , WELTMAN, WEINBERG & REIS CO., L.P.A. By: ` L.?-- r, Esquire PA I.WEL INBERG & REIS CO., L.P.A Benja4KoBuilding 1400 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7822163 NOT PUB COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L Gault, Notary Public CitY of Pittsburgh. Allegheny County MY CArnrnission Expires July 15. 2014 Member. Pennsylvania Association of Notaries